TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Final Regulation

Title of Regulation: 2VAC5-390. Rules and Regulations for the Enforcement of the Virginia Seed Law (amending 2VAC5-390-10; adding 2VAC5-390-190).

Statutory Authority: § 3.2-4001 of the Code of Virginia.

Effective Date: August 12, 2026.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, fax (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.

Summary:

The amendments establish a minimum germination rate of 60% for cotton seed sold in Virginia. Changes to the proposed regulation include (i) providing that the tolerances established in the Rules for Testing Seeds will not be used for cotton seed when the germination rate is below the minimum rate set by the regulation; (ii) clarifying an allowance to relabel nonconforming cotton seed; (iii) prohibiting the sale or distribution of cotton seed with a germination rate less than 60%; and (iv) updating a document incorporated by reference.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

[ 2VAC5-390-10. Methods of inspecting, sampling, and testing, and the application tolerances.

Method of inspecting, sampling, and testing, and the application of tolerance shall be according to the "Rules for Testing Seeds" adopted by the Association of Official Seed Analysts* on October 1, 2025, except:

1. For those kinds of tree and shrub seed not included in the "Rules for Testing Seeds," Association of Official Seed Analysts, the testing procedure used shall be those recommended by the National Tree Seed Laboratory.

2. That tolerances are not allowed on prohibited noxious weed seeds.

3. Tolerance shall apply to flower and vegetable germination standards only as specified in 2VAC5-390-90 and 2VAC5-390-110.

4. For seed peanuts the testing tolerance will be five on the minimum germination standard.

5. Certain kinds listed as crop seeds in Association of Official Seed Analysts Handbook 25 "Uniform Classification of Weed and Crop Seed" shall be considered restricted noxious weed seeds as listed in 2VAC5-390-20 B 2.

6. Tolerance shall not apply to cotton for agricultural seed when the germination rate for such seed, as determined by the Department of Agriculture and Consumer Services, is less than the minimum germination rate established in 2VAC5-390-190 A.

*Currently effective, copies of which may be obtained from the commissioner upon request, at cost. ]

2VAC5-390-190. Minimum germination standard for cotton seed.

A. Cotton for agricultural seed, as defined in § 3.2-4000 of the Code of Virginia, shall have a 60% minimum germination.

B. [ Cotton for agricultural seed with a germination rate less than 60%, as determined by the Department of Agriculture and Consumer Services, shall not be distributed, sold, or offered for sale.

C. ] A licensee may relabel and distribute, sell, or offer for sale cotton for agricultural seed that is [ labeled ] in violation of § 3.2-4008 C 9 [ a ] of the Code of Virginia if such seed is relabeled with the germination rate determined by the Department of Agriculture and Consumer Services [ and such germination rate, without a tolerance applied, is at least 60% ].

[ DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-390)

Rules For Testing Seeds, October 1, 2025, Association of Official Seed Analysts. ]