For agricultural and vegetable seeds labeled and packed in a hermetically-sealed container; the nine-month limitation on testing is extended as provided herein, if the following conditions are met:
  (1) The germination test shall be completed within 36 months, not including the calendar month in which the test was completed, immediately prior to being sold or offered, exposed, or transported for sale.
  (2) The seed was packaged in the hermetically-sealed container within nine months after harvest.
  (3) The container does not allow water vapor penetration (WVP) through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees Fahrenheit with a relative humidity on one side of 90% and on the other side of 0.00%. WVP is measured by the standards of the U.S. Bureau of Standards as: gm. H20/24 hour/100 sq. in./100 degrees F/90% RH V. 0% RH.
  (4) The percentage of moisture of the seed, on a wet weight basis, does not exceed the maximum allowable percentage for that kind as shown in the following list.
Attached Graphic
  (5) The container is conspicuously labeled to indicate:
    (A) that the seed is hermetically sealed;
    (B) that the seed has been preconditioned as to moisture content;
    (C) the calendar month and year in which the germination test was completed or an expiration date may be labeled in lieu of the actual date of test or year for which the seed was packaged. If this procedure for labeling is used, the words "Texas expiration date," "expiration date," "exp. date," or "TX exp. date" must precede the month and year. Unless otherwise specified, the expiration date will be the last day of the month designated; and
    (D) all other labeling information required by the Texas Agriculture Code, Chapter 61, and this chapter.
  (6) The percentage of germination of the vegetable seed at the time of packaging was equal to or above those standards set by §9.7 of this title (relating to Vegetable Seed).
  (7) Adequate records are kept giving the percent moisture of the seed at the time of packaging.
  (8) Hermetically sealed seed is not repackaged and relabeled as hermetically sealed seed.

Source Note: The provisions of this §9.11 adopted to be effective September 6, 1996, 21 TexReg 8097; amended to be effective March 2, 2023, 48 TexReg 1028