CHAPTER LI51

 

REGULATIONS PERTAINING TO SEED LAW

 

 

Section 1. Authority and Reasons for Adoption. The Board of Agriculture may promulgate, adopt and publish rules and regulations in accordance with the Wyoming Administrative Procedure Act and W.S. 11-12-104(c) and W.S. 11-12-113 for the purpose of establishing a list of restricted noxious weed seeds and establishing a tolerance for each restricted species and for the purpose of carrying out W.S. 11-12-101 through W.S. 11-12-123. In no case shall the tolerance on restricted noxious weed seed exceed forty-five (45) seeds per pound in small seeded crops and five (5) seeds per pound in small grains and seeds of similar size.

 

Section 2. Restricted Noxious Weeds. The tolerance on the following restricted noxious weed seed shall not exceed forty-five (45) seeds per pound in small seeded crops and five (5) seeds per pound in small grains and seeds of similar size.

 

(a) Blue mustard (Chorispora tenella)

(b) Yellow star thistle (Centaurea solstitialis)

(c) Puncturevine (Tribulus terrestris)

(d) Buckhorn plantain (Plantago lanceolata)

(e) Blue lettuce (Lactuca pulchella)

(f) Swainsonpea (Swainsona salsula)

(g) Perennial ragweed (Ambrosia psilostachya)

(h) Poverty weed (Iva axillaris)

(i) Wild oat (Avena fatua)

(j) Wild licorice (Glycyrrhiza lepidota)

(k) Tansymustard (Descurainia pinnata)

(l) Tansy (Tanacetum vulgare)

 

Section 3. Restricted Noxious Weeds. The tolerance on the following restricted noxious weed seed shall be zero (0) seeds per pound in all seed.

 

(a) Diffuse knapweed (Centaurea diffusa)

(b) Spotted knapweed (Centaurea maculosa)

(c) Jointed Goatgrass (Aegilops cylindrica)

(d) Wild Proso Millet (Panicum miliaceum)

(e) Dodder (Cuscuta species)

(f) Purple Loosestrife (Lythrum salicaria)

 

 

 

 

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CHAPTER LI 51

REGULATIONS PERTAINING TO SEED LAW

 

 

 

            Section 1. Authority. Pursuant to authority vested in the Department of Agriculture by W.S. 11-12-104(a) and the Board of Agriculture by virtue of W.S. 11-12-113 and W.S. 16-3-101 through 16-3-115 the following regulations are hereby promulgated and adopted.

 

            Section 2. Purpose of rules. These rules pertain to the establishment of the prohibited noxious, restricted noxious and regulated weed species in the state of Wyoming, and establishing a tolerance for those species.  These rules also include seed cleaning establishment requirements, recognition of 7 CFR PART 201-Federal Seed Act Regulations, and the repeal of Chapter 26, Regulations Pertaining to Seeds & Seed Cleaning Establishments and Chapter 56, Regulations Pertaining to the Pricing of Seed Analysis.

 

            Section 3. Definitions.

 

a)     “Board” means the Board of Agriculture

 

b)     “Department” means the Wyoming Department of Agriculture.

 

c)     “Large seeded crops” means crops with seeds the size of winter wheat or larger.

 

d)     “Prohibited” means none allowed

 

e)     “Restricted” means there is an established allowable tolerance.

 

f)      “Regulated” means there is an established tolerance specific to the issue.

 

g)     “Seed Cleaning Establishments” means any entity that processes grain to be used for establishing a crop.

 

h)     “Small seeded crops” means crops with seeds smaller than winter wheat.

 

 

            Section 4. Prohibited noxious weeds.

 

Black henbane Hyoscyamus niger L.

Black knapweed Centaurea nigra L.

Bladder campion Silene vulgaris (Moench) Garcke

 

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Camelthorn Alhagi maurorum Medik.

Canadian thistle (Cirsium arvense) Cirsium arvense (L.) Scop.

Common burdock (Arctium minus) Arctium minus (Hill) Bernh.

Common crupina Crupina vulgaris Cass.

Dalmation toadflax Linaria dalmatica (L.) Mill.

Diffuse knapweed Centaurea diffusa Lam.

Dodder Cuscuta species

Dyers woad Isatis tinctoria L.

Field bindweed Convolvulus arvensis L.

Field sandbur Cenchrus incertus M.A. Curtis

Halogeton Halogeton glomeratus (M. Bieb.) C.A. Mey

Hound's tongue Cynoglossum officinale L.

Jointed goatgrass Aegilops cylindrica Host

Leafy Spurge Euphorbia esula L.

Longspine (mat) sandbur Cenchrus longispinus (Hack.) Fernald

Meadow knapweed Centaurea moncktonii C.E. Britton

Medusa-head Taeniatherum caput-medusae (L.) Nevski

Musk thistle Carduus nutans L.

Orange hawkweed Hieracium aurantiacum L.

Oxeye daisy Leucanthemum vulgare Lam.

Perennial pepperweed Lepidium latifolium L.

Perennial sow thistle Sonchus arvensis L.

Plumeless thistle Carduus acanthoides L.

Poison-hemlock Conium maculatum L.

Puncturevine Tribulus terrestris L.

Purple loosestrife Lythrum salicaria L. and Lythrum virgatum L.

Purple starthistle Centaurea calcitrapa L.

Quackgrass Elytrigia repens (L.) Desv. ex Nevski

Rush skeletonweed Chondrilla juncea L.

Russian knapweed Acroptilon repens (L.) DC.

Russian olive Elaeagnus angustifolia L.

Salt-cedar Tamarix spp.

Scotch thistle Onopordum acanthium L.

Serrated tussock Nassella trichotoma (Nees) Hack. ex Arechav.

Skeleton-leaf bursage Ambrosia tomentosa Nutt.

Spotted knapweed Centaurea stoebe L. subsp. micranthos (Gugler) Hayek

Squarose knapweed Centaurea virgata Lam. subsp. squarrosa (Boiss.) Gugler

St. Johnswort Hypericum spp.

Swainson-pea Sphaerophysa salsula (Pall.) DC.

 

 

 

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Tansy Tanacetum vulgare L.

Tansy ragwort Jacobaea vulgaris Gaertn.

Vipers bugloss Echium vulgare and Echium plantagineum L.

Whitetop Lepidium draba L. ssp. draba

Wild proso millet Panicum miliaceum L. ssp. ruderale (Kitag.) Tzvelev

Yellow starthistle Centaurea solstitialis L.

Yellow toadflax Linaria vulgaris Mill.

 

 

            Section 5.  Restricted Noxious Weeds.   The tolerance for restricted noxious weeds, unless otherwise stated, shall be fifty (50) seeds per pound in small seeded crops and five (5) seeds per pound in large seeded crops.

 

Blue Lettuce Lactuca tatarica (L.) C.A. Mey subsp. pulchella (Pursh)

Buckhorn plaintain Plantago lanceolata L.

Curly dock Rumex crispus L.

Japanese knotweed Polygonum cuspidatum Siebold and Zucc.

Perennial ragweed Ambrosia psilostachya DC.

Povertyweed Iva axillaris Pursh

Sulphur cinquefoil Potentilla recta L.

Venice mallow Hibiscus trionum L.

Wild licorice Glycyrrhiza lepidota (Nutt.) Pursh

Wild mustard Synapsis arvense L. ssp arvensis

Wild oat Avena fatua L.

 

            Section 6.  Regulated weeds.  The tolerance for regulated weeds is specified for each species as shown below.  These species are not considered to be prohibited or restricted noxious weeds.

 

Cheat Bromus secalinus L. – Tolerance shall be 1,200 seeds per pound.

Downy brome Bromus tectorum L. – Tolerance shall be 1,200 seeds per pound.

Feral rye Secale cereale L.  -  Tolerance shall be none (0) in small grains other than rye.

Japanese brome Bromus japonicus Thunb.  -  Tolerance shall be 1,200 seeds per pound.

Ripgut brome Bromus rigidus Roth – Tolerance shall be 1,200 seeds per pound.

 

            Section 7. Amendments and changes to Prohibited, Restricted and Regulated weed lists and considerations for such actions.

 

a)               The procedures for amending or changing the Prohibited, Restricted

and Regulated weed lists are as follows:

i)                A person may propose an amendment or change to the lists, which shall be

 

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presented in writing to the State Seed Analyst.

 

ii)              The State Seed Analyst shall present the proposed amendment or change to the Seed Lab Advisory Group.  The State Seed Analyst with the Seed Lab Advisory Group shall approve or disapprove the proposed amendment or change by motion at the next regular scheduled meeting of the Seed Lab Advisory Group or at a special Seed Lab Advisory Group meeting, and if approved, shall forward the recommendation for change to the Department and the Board.

iii)            The Board shall consider the recommended change at its next scheduled meeting, and if approved, recommend the Department institute the process to change the regulations.

iv)             The following may be considered in the decision to include a weed on the Prohibited, Restricted or Regulated weed lists. 

v)               Invasiveness

vi)             Economic harm to ranching, farming or general public

vii)           Impact on native species, including plants and wildlife

viii)         Poisonous to grazers

ix)             Other relevant factors.

 

            Section 8.  Seed Cleaning Establishments.

a)               To be licensed as a certified seed cleaner, seed cleaning establishments must meet the requirements set forth below.

i)                The approval status of all certified conditioners will be reviewed annually by the Wyoming Seed Certification Service.  All approved plants are subject to inspection during normal business hours.

ii)              A certified conditioner must have a designated person in charge of each facility and handling of certified seed.  The designated person must be trained and have experience in handling, sampling and labeling of certified seed.

iii)            All seed conditioning plants, including all seed handling equipment, will be thoroughly cleaned between each seed lot to prevent contamination or varietal mixture.

iv)             All seed cleaning establishments must keep complete and accurate records showing identity, origin, every process, and every movement of each lot of seed from the time of receipt until delivery.  These records must be maintained for 7 (seven) years.

v)               Federal and state seed laws and Wyoming certification standards must be complied with in the production, cleaning, labeling, sampling, shipment and sale of certified seed.

vi)             All seed conditioners will properly contain weed seed to prevent spread and proliferation of weeds.

vii)           One-Time Cleaning--If no approved seed conditioning plant is located within one-hundred fifty miles (150 miles) hauling distance of a seed grower, a non-approved plant may be approved on a one-time basis only to clean that lot of seed for that particular grower.  A thorough inspection must be conducted by the Seed Certification Service and

 

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inspection fee paid before that lot of seed may be cleaned.

 

viii)         Conditioners must comply with all appropriate regulations and standards outlined in the Wyoming Certified Seed Handbook with respect to conditioning specific crops. 

 

ix)             The Wyoming Certified Seed Handbook as revised in February 2007 is adopted, but does not include any later amendments or editions.  Copies are available for public inspection and may be purchased at cost from the Wyoming Seed Certification Service, 747 Road 9, Powell, Wyoming 82435; or the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, WY 82002.

 

b)               All seed cleaning establishments shall adhere to the Wyoming seed law and these regulations.

 

            Section 9.  Adoption of Federal Seed Act Regulations, 7 CFR 201.38 through 201.76.  The Federal Seed Act Regulations , 7 CFR 201.38 through 201.76 currently in effect and not including any later amendments or editions are adopted.  Copies are available for public inspection and may be purchased at cost from the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, WY 82002 and may also be inspected at the United States Department of Agriculture, Animal Plant Health Inspection Service, Plant Protection and Quarantine, 5353 Yellowstone Road, Suite 208, Cheyenne, WY 82002; the Wyoming Seed Certification Service or the University of Wyoming Agriculture Experiment Station, both located at 747 Road 9, Powell, WY 82345. 

 

            Section 10.  Repeal of Chapter 26 and 56 Pertaining to The Seed Law.   Chapter 26, Regulations Pertaining To Seeds & Seed Cleaning Establishments and Chapter 56, Regulations Pertaining to the Pricing of Seed Analysis are hereby repealed.

 

CHAPTER XXVI

 

 

REGULATIONS PERTAINING TO SEEDS & SEED CLEANING ESTABLISHMENTS

 

      Section 1. Authority. Pursuant to authority vested in the Commissioner of Agriculture by virtue of Section 11-204, Wyoming Statutes 1957, the following regulations pertaining to seed and seed cleaning establishments are hereby promulgated and adopted.

 

      Section 2. Application. Any person desiring to have his grain (including seed) cleaning establishment approved by the Department of Agriculture shall make application to the Department on forms provided, setting forth grain (including seed) equipped to clean and type of equipment available.

 

      Section 3. Approval. No establishment shall be approved for cleaning grain (including seed) unless they are in compliance with the seed laws and grain handling laws.

 

      Section 4. Equipment. Grain (including seed) cleaning establishments shall be equipped with proper equipment, kept in good condition in order to properly clean the grain (including seed) for which application for approval is made.

 

      Section 5. Labeling Screening Offered for Sale. All screenings offered or exposed for sale shall be labeled as required by Section11-199, Wyoming Statutes 1957. Screenings containing noxious weedseedsaresubjecttoSection11-199, Wyoming Statutes 1957. They shall be free of noxious weed seeds as prescribed in Section 11-196, Wyoming Statutes 1957.

 

      Section 6. Noxious Weed Infested Screenings. Screenings found to contain any such noxious weed seeds shall be subject to Section 11-196, Wyoming Statutes 1957,

 

      Section 7. Disposal of Noxious Weed Seed-Infested Screenings. Screenings from grain or seed which contain noxious weed seeds shall be disposed of in one of the following manners:

 

      a. Complete destruction, or

      b. Removal outside of the boundaries of the State, or

      c. Recleaned to the point that no noxious weed seeds are present, or

      d. Processing in such a way as to make the weed seeds nonviable and sold as feed.

 

      Section 8. Qualified Equipment Operators. All persons operating a grain (Including seed)cleaning establishment shall be competent and experienced in operating of the equipment required.

 

      Section 9. Cleaning of Equipment. Grain (including seed) cleaning equipment must be thoroughly cleaned between each lot of seed to avoid mixing of varieties.

 

 

      Section 10. Prohibiting Sale of Noxious Weed Seeds as Feed. No grain (including seed) shall be offered for sale as feed, which contains viable noxious weed seeds. In order to prevent viable noxious weed seeds from being sold infeed, all grain or seed which contains noxious weed seeds shall, before being offered for sale, be so processed by steam rolling, whereby the temperature of all the product being so processed has reached a temperature of at least 205@F.; such processing equipment shall be equipped with proper thermometers and other controls to assure the product of having been exposed to this temperature for 3@ minutes.

 

      Section11. Licensed Distributors. No seed dealer shall sell or offer for sale or distribute any seed purchased from a distributor that is not licensed with the Wyoming Department of Agriculture, provided, that this shall not apply to seed purchased from resident growers.

 

      Section12. Chemically Treated Grain. No grain (including seed) that has been chemically treated shall be sold or offered for sale as feed.

 

      Section 13. Weight on Label. All seed sold in packages shall be clearly and plainly labeled declaring the net weight thereof.

 

      Section 14. Non-certified Seed. All tags or labels required by Section 11-197, shall not be any shade of blue, unless the seed is certified in accordance with Sections 11-209 and 11-210, Wyoming Statutes 1957.

 

This regulation shall not apply to corn, including hybrids; sorghums, including sudangrass and hybrids; millets; grasses and lawn seed mixtures intended for lawns.

 

      Section15. Definition of Terms. The following definitions of terms shall be used in interpreting the seed laws and regulations.

 

      a. The term"kind"shallbe construed to mean one or more related species or sub-species which singly or collectively are known by one commonname, for example, wheat, oats, sweetclover, alfalfa, etc.

      b. The term "variety" shall be construed to mean a subdivision of a kind which is characterized by growth, plant, fruit,seed or other characters by which it can be differentiated from other sorts of the same kind, for example, range alfalfa, marquis wheat, manchu soybeans, etc.

      c. The term "type" shall be construed to mean either:

            (1) A group of varieties so nearly similar that the individual varieties cannot be clearly

differentiated except under special conditions; or,

            (2) when used with a variety name means seed of the variety named which may be mixed with seed ofothervarietiesofthe same kind and of similar character, the manner of, and the circumstances connected with the use of the designation to be governed by Regulation201-11 of the Federal Seed Act.

 

      d. The term "person" shall include any individual, partnership, corporation, company, society or association.

      e. The term "weed seeds" includes the seeds of all plants generally recognized as weeds within this state, and includes noxious weed seeds.

      f. The term "labeling" includes all labels and other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices.

      g. The term "hybrid" means the first generation seed of a cross produced by controlling the pollination and by combining:

            (1) two, three or four inbred lines;

            (2) one inbred or a single cross with an open-pollinated variety; or,

            (3) two varieties or species, except open-pollinated varieties of corn (Zea mays).     The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.

 

      h. Theterm"lot"meansadefinitequantityofseedidentified by a lot number or other mark, every portion or bag of which is uniform.

      i. "Pure seed" means agricultural and vegetable seeds exclusive of inert matter and all other seeds not of the kinds, or kinds and varieties, being considered.

      j. The term "germination" means the percent of seeds capable of producing normal seedlings under ordinarily favorable conditions.

      k. "Treated seed" means seed that has been treated with any approved substance designed to control or repel plant disease organisms or insect pests, the rate of application being that recommended by the manufacturer or any recognized state or federal agency at the discretion of the enforcement officer.

 

      Section 16. Grass Seed Mixtures. For the purpose of interpreting paragraph A of Section 11198, Wyoming Statutes 1957,lawn grass seed shall be construed to mean grass seed or a mixture of grass seed which contains fifty percent or more of permanent grasses such as Kentucky blue grass (Poa pratensis) or Bent grass (Agrostis species), or Fescue (Festuca species).

 

Any label, placard or advertising which contains any illustrations or words that imply the seed may be used as a lawn grass seed, shall be prima facie evidence that the seed is being sold or offered for sale as a lawn grass seed, therefore, must comply with the laws and regulations pertaining thereto.

 

 

      Section 17. Viable Seed Test - Tetrazolium. The tetrazolium chloride technic viability test for agricultural and vegetable seeds is hereby declared an official test to be used in determining viable seeds in the enforcement of the state and county noxious weed quarantines.

 

      Section18. Altering of Tags or Labels. No tag or label attached or imprinted or displayed upon the exterior of the container as required by Section 11-197, Wyoming Statutes 1957, shall be altered or defaced in any manner without first having obtained a laboratory analysis. Such analysis will be made available to the Commissioner of Agriculture on request.

 

      Section 19. Blank Spaces Defined. Blank spaces or words "free" or "none" shall be construed to mean "0" or "0.00 percent" as the case may be for the purpose of applying the tolerances prescribed in these regulations.

 

Section 20. Seed Laboratory Name Not Used in Advertising. The name of the State Seed Laboratory shall not be used for advertising purposes in connection with the seed analysis report.

 

Chapter 56

 

Regulations Pertaining to the Pricing of Seed Analysis

 

 

         Section 1.  Authority.  Pursuant to authority vested in the board of agriculture by virtue of W.S. 11-12-113 and W.S. 16-3-101 through 16-3-115 the following regulations are hereby promulgated and adopted.

 

         Section 2.  Purpose of rules.  These rules pertain to the pricing of seed analysis by the Wyoming State Seed Laboratory and the Seed Laboratory Advisory Group.

 

         Section 3.  Definitions.

 

(a)               “Board” means the Wyoming Board of Agriculture.

 

(b)               “Bona fide resident” means a permanent resident who has a fixed intent to return to this State when he leaves it and maintains a permanent place of abode here. A person may not be a bona fide resident of this State for the purposes of this chapter while claiming residence in another state for any purpose.

 

         (c)     “Laboratory” means Wyoming State Seed Laboratory located in Powell, WY.

 

         (d)     “SLAG” means Seed Laboratory Advisory Group.

 

         (e)     “Certified or contract seed grower” means any person who produces certified seed or

produces seed under a contract with another entity.

 

         Section 4.  Analysis of seeds.  Any person may have his seed analyzed by the state seed analyst by paying transportation charges to the laboratory and a fee established by the board.

 

         Section 5.  Seed Laboratory Advisory Group.  The SLAG shall be comprised of members from the following interests:

 

(a)      At-large voting members: 

 

                    (i)      Board representative or designee (one member)

                    (ii)     Wyoming Crop Improvement Association (one member)

                    (iii)    Wyoming Seed Industry representatives (two members)

                    (iv)    Certified or contract seed grower from the eastern part of Wyoming (one  member)

                    (v)      Certified or contract seed grower from the western part of Wyoming (one member)

                    (vi)    Person interested in seed quality (one member)

 

         (b)      Non-voting members:

 

                    (i)      Wyoming Department of Agriculture Technical Services Manager or designated representative,

                    (ii)     A University of Wyoming Experiment Station Director

                    (iii)    The University of Wyoming Plant Sciences Department Head or

designated representative

 

                    (iv)    Wyoming Seed Certification Coordinator

                    (v)      State Seed Analyst.

 

         (c)      Eastern Wyoming includes the following counties: Albany, Campbell, Carbon, Converse, Crook, Goshen, Johnson, Laramie, Natrona, Niobrara, Platte, Sheridan, and Weston. 

 

         (d)      Western Wyoming includes the following counties:  Big Horn, Fremont, Hot Springs, Lincoln, Park, Sublette, Sweetwater, Teton, Uinta, Washakie, and Yellowstone National Park. 

 

         (e)      The board shall appoint the initial SLAG steering committee.

 

         (f)      All at-large voting members shall be appointed by the SLAG steering committee, and will serve terms of three years.  The steering committee shall be comprised of: SLAG Chair, SLAG Vice-Chair, Seed Certification Service Coordinator, Wyoming Department of Agriculture Technical Services Manager or representative, and the State Seed Analyst.

 

         (g)      In the event of a vacancy, the SLAG steering committee shall appoint a new member to complete the term of the previous member.

 

         Section 6.  Duties of the Seed Laboratory Advisory Group. 

 

         (a)      The SLAG shall:

 

                    (i)      Maintain a Policy of Operation manual, which shall be reviewed by SLAG members at each annual meeting, and contain the policies and operational procedures of SLAG.

 

                    (ii)     Serve in an advisory role to aid the state seed analyst, University of Wyoming, Wyoming Department of Agriculture and the board in the management of the laboratory. 

 

                    (iii)    Annually review the price list for seed testing, and services provided by the

laboratory.

 

                    (iv)    Recommend any changes to the  price list or other  fees of the laboratory.

 

                    (v)      Review the annual seed laboratory report.

 

                    (vi)    Recommend major capital purchases needed by the laboratory.

 

                    (vii)   Recommend use of new technologies or other seed testing needs as they occur.

 

                    (viii)  Provide support and constructive ideas on how the laboratory can serve Wyoming and the region more effectively.

 

         (b)      One regular meeting of the SLAG will be held annually in conjunction with the Wyoming Crop Improvement Association annual meeting.

 

                    (i)      The chair of the SLAG may call meetings based on necessity, or a meeting may be called by request of the majority of voting members.

 

         Section 7.  Pricing of seed analysis. 

 

         (a)      Fees for seed analysis are listed in Appendix A.

 

         (b)      Any other species not listed in Appendix A shall, at the discretion of the state seed analyst, be priced at the hourly rate established in Appendix A, or charged a rate according to comparable species as determined by the state seed analyst.

 

         (c)      The state seed analyst or laboratory director shall appear before the board at least once a year to update the board on the operational status of the laboratory.

 

         (d)      The SLAG chair or designee will appear before the board and present any recommended fee or pricing adjustments for approval.