AAM-35-08-00011-P Certification of Seed  

  • 8/27/08 N.Y. St. Reg. AAM-35-08-00011-P
    NEW YORK STATE REGISTER
    VOLUME XXX, ISSUE 35
    August 27, 2008
    RULE MAKING ACTIVITIES
    DEPARTMENT OF AGRICULTURE AND MARKETS
    PROPOSED RULE MAKING
    HEARING(S) SCHEDULED
     
    I.D No. AAM-35-08-00011-P
    Certification of Seed
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed Action:
    Repeal of Part 96 and addition of new Part 96 to Title 1 NYCRR.
    Statutory authority:
    Agriculture and Markets Law, sections 141 and 142
    Subject:
    Certification of seed.
    Purpose:
    To establish general seed certification standards.
    Public hearing(s) will be held at:
    9:30 a.m., Oct. 1, 2008 at Experiment Station, Jordan Hall, 2nd Floor Auditorium, 630 West North St., Geneva, NY.
    Interpreter Service:
    Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
    Accessibility:
    All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
    Substance of proposed rule (Full text is posted at the following State website:www.agmkt.state.ny.us):
    Part 96 of 1 NYCRR is repealed and a new Part 96 of 1 NYCRR is adopted to read as follows:
    Section 96.1 incorporates by reference the 2007 edition of the Seed Certification Handbook published by the Association of Official Seed Certifying Agencies and sets forth definitions for "variety," "other varieties," "off-type," "inbred-line," "single cross," "foundation single cross," "double cross," "top cross," "three-way cross," "open pollination," "lot of seed," "in bulk," and "Department."
    Section 96.2 sets forth eligibility requirements for the certification of crop varieties.
    Section 96.3 sets forth the characteristics of the four classes and sources of certified seed: breeder seed, foundation seed, registered seed, and certified seed.
    Section 96.4 sets forth the limitations of generations for certified seed.
    Section 96.5 sets forth requirements for the production of all classes of certified seed including those relating to genetic purity and identity, the unit of certification, field inspections, identification of seed, samples and the analysis and tests of samples of seed. Said Section incorporates by reference the 2006 edition of the AASCO Handbook on Seed Sampling published by the Association of American Seed Control Officials and the 2007 edition of the Rules for Testing Seeds, published by the Association of Official Seed Analysts.
    Section 96.6 sets forth requirements for processors of all classes of certified seed, including those relating to facilities, identity of seed, records, inspection, designated individuals, and seed lots.
    Section 96.7 sets forth requirements for the labeling of all classes of certified seed, including those relating to official certification labels, seed sold in bulk and the labeling of containers.
    Section 96.8 sets forth the requirements for training seed producers.
    Section 96.9 sets forth the requirements for the handling of crops prior to inspection.
    Section 96.10 sets forth the requirements for establishing the source of seed in order for such seed to be used for the production of foundation, registered or certified seed.
    Section 96.11 provides that inspection work requiring training shall be performed only by individuals trained under the supervision of the certifying agency.
    Section 96.12 sets forth the requirements for the management and condition of a field for which certification is requested.
    Section 96.13 sets forth the requirements for certified seed sold in bulk.
    Section 96.14 sets forth provisions for seed failing to meet regular certification standards in respect to mechanical purity and/or germination.
    Section 96.15 sets forth the responsibility for complying with Federal and State seed laws.
    Section 96.16 sets forth the requirements for carry-over seed.
    Section 96.17 sets forth the conditions for the rejection of a certification.
    Section 96.18 sets forth the requirements for phyto-inspected seed.
    Section 96.19 provides for an advisory committee to the certifying agency and the Department on matters relating to seed certification.
    Text of proposed rule and any required statements and analyses may be obtained from:
    Robert Mungari, Director, Division of Plant Industry, Department of Agriculture And Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-2087.
    Data, views or arguments may be submitted to:
    Same as above.
    Public comment will be received until:
    Five days after the last scheduled public hearing.
    Summary of Regulatory Impact Statement
    1. Statutory Authority:
    Section 141 of the Agriculture and Markets Law provides, in part, that the Commissioner, after consultation with the Dean of the State College of Agriculture, or in the case of tree seeds with the President of the State University of New York College of Environmental Science and Forestry, shall adopt and promulgate appropriate standards for the certification of seed.
    Section 142(1) of the Agriculture and Markets Law provides, in part, that the Commissioner may adopt and promulgate such rules and regulations to supplement and give full effect to the provisions of Agriculture and Markets Law Article 9 as he may deem necessary.
    Section 136(20) of the Agriculture and Markets Law provides that "certified," "registered", "foundation," "phtyo-inspected," or any other terms conveying similar meaning, when referring to seed, means seed which has been produced or collected, processed, and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency or agencies.
    2. Legislative Objectives:
    The proposed rule carries out the public policy objectives that the Legislature sought to advance in enacting Agriculture and Markets Law section 141(2) in that, after consultation with the Dean of the New York State College of Agriculture and Life Sciences, it establishes appropriate standards for certification of seed. In doing so, the rule supplements and gives full effect to the provisions of Agriculture and Markets Law Article 9 relating to the inspection and sale of seed, as provided by Agriculture and Markets Law section 142(1). The proposed rule also establishes procedures for the collection, processing and labeling of seed for certification by the officially recognized New York State seed certification agency, as provided by Agriculture and Markets Law section 136(20). Pursuant to said statutory provision, the proposed rule also defines terms such as certified seed, registered seed, foundation seed and phyto-inspected seed to be used in referring to seeds which have been produced or collected, processed and labeled in compliance with the rule.
    In establishing appropriate standards and procedures for the certification of seed and defining the terms to be used in referring to seed that was produced in accordance with said procedures and that meets said standards, the proposed rule carries out the public policy objectives the Legislature sought to advance in enacting Agriculture and Markets Law sections 136(20), 141(2) and 142(1).
    3. Needs and Benefits:
    The accurate labeling of seeds is important to New York State's agricultural industry. Agriculture and Markets Law Article 9 governs the labeling of seeds and requires that characteristics such as the percentage of germination, the percentage of each seed component, the percentage of weed seeds, the percentage of inert matter and the name and number of seeds per pound of each kind of noxious weed seed present be set forth on the label of seeds. Pursuant to Agriculture and Markets Law section 136, the term "certified" on a seed label indicates that such seed has been produced or collected, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency. As such, the designation of seed as certified is relied upon by the agricultural industry as an indicator of premium quality seed that has been grown, harvested and processed under specified conditions and that has been sampled, tested and found to meet the strict standards established for certified seed. Pursuant to section 141 of the Agriculture and Markets Law, the Commissioner has designated the New York State College of Agriculture and Life Sciences as the official seed certifying agency for the State of New York. Pursuant to sections 141 and 142 of the Agriculture and Markets Law, the Commissioner has adopted and promulgated appropriate standards for the certification of seed in 1 NYCRR Part 96, "General Seed Certification Standards."
    In order for seed to be eligible for labeling as certified seed it must be planted, grown, harvested and processed under special conditions. It is inspected in the field by representatives of the certifying agency and, after harvesting and processing, representative samples of each lot are taken and submitted to a seed laboratory, such as the New York State Testing Laboratory at Geneva, New York or another laboratory approved by the official seed certifying agency, for analysis. If the results of the analysis verify that the seed meets the certified seed standards for varietal purity, inert matter, weed seeds and germination, the certifying agency issues tags to the grower for use in labeling the seed as certified.
    The proposed rule repeals existing 1 NYCRR Part 96, which was last amended in 1978 and adopts a new 1 NYCRR Part 96 which revises and updates New York State's General Seed Certification Standards by incorporating the latest nationally recognized standards and practices for seed certification and conforming New York State's standards to the Federal Seed Act (7 U.S.C § § 1551-1611) and the Federal Seed Act Regulations (7 C.F.R. Part 201). In so doing, the proposed rule will provide an up to date, efficient and effective seed certification program that will help to ensure the continued availability of premium New York certified seed to agricultural producers.
    The proposed rule retains relevant provisions of the existing standards, repeals provisions that are obsolete and adds provisions that conform New York State's seed certification standards to the Federal Seed Act and the Federal Seed Act Regulations.
    4. Cost:
    a. Costs to regulated parties:
    Seed certification fees for spring grains are $5.50 per acre for fields 200 acres or less in size, plus $5.00 per field entered. Fees for fields over 200 acres in size are $5.25 per acre plus $5.00 per field entered. If reinspection of a field is requested the cost is $25.00 for the first field and $25.00 for any additional fields. If a second reinspection is required the cost is $50.00 for the first field and $25.00 for any additional fields. If a third and subsequent reinspections are requested the cost is $100.00 for the first field and $25.00 for any additional fields. The estimated cost for an average field of 12.4 acres would be $73.20.
    The cost of having seed tested for purity and germination for certification purposes depends upon the variety of seed tested and ranges from $16.00 to $22.00 per sample. The estimated cost of testing the approximately 200 samples that will be required would be approximately $3,200 to $4,400.
    It is anticipated that the smaller sample size required by the rule and the Federal Seed Act will reduce the amount of time required to draw a sample and the resulting cost by as much as 50%. The actual savings will depend on the number of samples submitted by a particular seed producer.
    The costs associated with the training required by the regulation include the cost of the AASCO Handbook for Seed Sampling which is $30.00 plus $5.00 shipping and handling when obtained through the New York State Seed Improvement Project and approximately $500.00 per person in training costs including registration fee, labor and travel expenses. It is estimated that at least 16 persons will require training, resulting in training costs of at least $8,000.
    b. Costs to agency, state and local governments:
    It is anticipated that the smaller sample size provided for by the rule and the Federal Seed Act will reduce the amount of time and labor required to perform analyses on certified seed samples and increase the number of purity analyses the New York State Seed Testing Laboratory can perform per day from two to between 10-12 samples per day. This will enable the laboratory to make the results of the analyses available to producers sooner, allowing for the more rapid movement of certified seed to market.
    The inspection of seed cleaning facilities and examination of records required by the rule and the Federal Seed Act will increase program costs by approximately $3,000.00 for labor and travel.
    c. Source:
    The cost analysis is based on information provided by the New York Seed Improvement Project and the New York Seed Testing Laboratory.
    5. Local Government Mandates:
    The proposed amendments would not impose any program service, duty or other responsibility upon any county, city, town, village, school district or other special district.
    6. Paperwork:
    Section 96.2 of the proposed rule requires the certifying agency to require the originator, developer, or owner of the variety, or agent thereof to make the information listed therein available when eligibility for certification is requested.
    Section 96.6 of the proposed rule requires that all classes of seed when offered for sale shall have an official certification label affixed to each container setting forth the information specified therein. Said Section also requires that in the case of seed sold in bulk, the invoice or accompanying document shall set forth certain information.
    Section 96.10 of the proposed rule provides that in order to establish the source of seed used for the production of foundation, registered or certified seed the grower shall furnish certain documentary evidence to the certifying agency at the time of making application for field inspection.
    7. Duplication:
    None. The proposed rule conforms to the Federal Seed Act and the Federal Seed Act Regulations, but the federal regulations generally govern interstate transactions, rather than intrastate transactions.
    8. Alternatives:
    Various alternatives were considered to establishing specific training, sampling and testing requirements.
    Consideration was given to not requiring that the growers of certified seed be trained in the production and processing of certified seed. This alternative was rejected in light of the complex requirements for the production and processing of certified seed under both the proposed rule and the Federal Seed Act and the Federal Seed Act Regulations. To help ensure that seed producers have access to such training the proposed rule provides that the seed certifying agency will conduct educational programs to aid producers in the successful production and processing of certified seed.
    Consideration was given to not establishing specific sampling standards for certified seed. This alternative was rejected, given the need to ensure that all samples are taken in a uniform manner and are truly representative of each lot of see din the condition it is sold. To achieve this goal, the proposed rule incorporates by reference the procedures set for the Association of American Seed Control Officials Handbook on Seed Sampling.
    Consideration was given to not establishing specific testing standards for certified seed. This alternative was rejected, given the need to ensure that the samples that are taken are tested in a uniform and accurate manner so that it can be determined that the seed is eligible for certification and is labeled properly. To achieve this goal the proposed rule requires that the analysis and tests of samples of seed must be in accordance with the Rules for Testing Seeds of the Association of Official Seed Analysts.
    9. Federal Standards:
    The rule does not exceed any minimum standards of the federal government for the same or similar subject areas. It conforms New York State's seed certification standards to the Federal Seed Act and the Federal Seed Act Regulations.
    10. Compliance Schedule:
    It is anticipated that regulated parties can immediately comply with the rule.
    Regulatory Flexibility Analysis
    1. Effect of rule:
    The small businesses affected by the rule include the approximately twelve New York State producers of certified seed, hundreds of dealers and retailers of certified seed and thousands of farmers and other consumers who purchase certified seed. The rule would have no impact on local government.
    2. Compliance requirements:
    The reporting, recordkeeping and other affirmative acts that a small business will have to undertake to comply with the proposed rule are as follows:
    As required by section 96.2, the originator, developer or owner of a variety, or agent thereof, must make available the information set forth in said Section whenever eligibility for certification is requested.
    As required in section 96.5(e), seed from inspected fields must be positively identified at all times.
    As required by section 96.5(f), all samples from each cleaned lot of seed eligible for certification shall be drawn by a person approved by the certifying agency and the Department as demonstrated by an approved compliance agreement. In addition, samples shall be taken according to the procedures set forth in the AASCO Handbook on Seed Sampling and shall be taken from and be truly representative of the entire lot which has been recleaned and is in condition for sale.
    As required by section 96.5(g), the analysis and tests of samples of seed must be in accordance with the Rules for Testing Seeds, 2007 edition published by the Association of Official Seed Analysts. Testing shall be by laboratories approved by the certifying agency in consultation with the Department.
    As required by section 96.6, facilities of processors must be available to perform processing without introducing admixtures. The identity of seed must be maintained at all times. Records of all operations relating to certification must be complete and adequate to account for all incoming seed and final disposition of seed. Processors must permit inspection by the certifying agency of all records pertaining to all classes of certified seed.
    As required by section 96.6(f), the blending of lots of different classes may only be done when authorized by the certifying agency and the lowest class shall be applied to the resultant blend. Seed lots for a specific crop must be limited to a quantity characterized as uniform by the certifying agency and from which a representative sample may be obtained.
    As required by section 96.7, certified seed offered for sale must have an official certification label affixed to each container clearly identifying the certifying agency, the lot number or other identification, the variety name (if certified as to variety) and the kind and class of seed. In the case of seed sold in bulk, the invoice or accompanying document shall identify the invoice or accompanying document must identify the certifying agency, the crop kind, variety (if certified as to variety), class of seed, and the lot number or other identification. Labels other than those printed on the containers must be attached to containers in a manner that prevents removal and reattachment without tampering being obvious.
    As provided by section 96.8, only growers or firms approved by the certifying agency shall be eligible to produce certified seed.
    As provided by section 96.10, seed growers are required at the time of making application for field inspection, to furnish documentary evidence to the certifying agency to establish the source of seed used for the production of foundation, registered or certified seed.
    As provided by section 96.12, every field for which certification is requested shall show evidence of proper management and shall show that reasonable precaution has been taken to control contaminating crops and varieties and objectionable weeds.
    As provided in section 96.13, a grower must obtain approval from the certifying agency before selling certified seed in bulk. Bulk handled seed, in addition to being properly identified by stencil, label, or tag, when sold, must be accompanied by a bulk sale certification in lieu of an official tag.
    As provided in section 96.14, when certified seed is in short supply due to circumstances beyond the control of certified seed growers, seed meeting all certification requirements in respect to variety purity, but failing to meet other standards, may be certified under conditions jointly prescribed by the certifying agency and the Commissioner. Seeds so certified shall be tagged with a green certification by which shall clearly show the class of certified seed. Foundation and registered seed failing to meet certification standards other than those affecting genetic purity may be identified as approved planting stock for the production of certified seed in New York State upon the approval of the certifying agency. The tag attached to such seed shall clearly show the class of certified seed and the respects in which the seed does not meet regular certification standards.
    As provided in section 96.15, responsibility for any obligations relating to proper labeling of seed, other than those concerned with certification (e.g. proper techniques in establishing genetic identity of seed), arising from the sale or shipment of seed which has been certified rests with the grower or subsequent handler making the sale or shipment.
    As provided in section 96.16, all carry-over seed for which certification has not been completed but which is eligible for certification must be reported to the certifying agency by August 15th of the year following the production season. Carry-over certified seed must have a current laboratory report from an approved laboratory based on a newly taken representative sample of the seed lot and shall meet all applicable certification standards.
    As provided in section 96.18, an application entered for phyto-inspection for a new variety or crop must be submitted to the certifying agency at least 12 months prior to the stated deadline dates for the application for field inspection.
    3. Professional services:
    The type of professional services that a small business is likely to need to comply with the proposed rule are the services of an approved seed testing laboratory. Local governments are not affected.
    4. Compliance costs:
    It is not anticipated that initial capital costs will be incurred by a regulated business to comply with the proposed rule. The annual costs for continuing compliance with the proposed rule will depend on the amount of seed that a grower submits for certification. Seed certification fees for spring grains are $5.50 per acre for fields 200 acres or less in size, plus $5.00 per field entered. Fees for fields over 200 acres in size are $5.25 per acre plus $5.00 per field entered. If reinspection of a field is requested the cost is $25.00 for the first field and $25.00 for any additional fields. If a second reinspection is required the cost is $50.00 for the first field and $25.00 for any additional fields. If a third and subsequent reinspections are requested the cost is $100.00 for the first field and $25.00 for any additional fields. The estimated inspection cost for an average field of 12.4 acres would be $73.20.
    The cost of having seed tested for purity and germination for certification purposes depends upon the variety of seed tested and ranges from $16.00 to $22.00 per sample. The estimated cost of testing the approximately 200 samples that will be required would be approximately $3,200 to $4,400.
    It is anticipated that the smaller sample size required by the rule and the Federal Seed Act will reduce the amount of time required to draw a sample and the resulting cost of doing so by as much as 50%. The actual savings will depend on the number of samples drawn and submitted by a particular seed producer.
    The costs associated with the training required by the rule include the cost of the AASCO Handbook for Seed Sampling which is $30.00 plus $5.00 for shipping and handling when obtained through the New York State Seed Improvement Project and approximately $500.00 per person in training costs including registration fee, labor and travel expenses. It is estimated that at least 16 persons will require training, resulting in training costs of at least $8,000.
    The continuing compliance costs will vary for small businesses depending on the size of such business and the number of seed lots submitted for certification.
    5. Economic and technological feasibility:
    Compliance with the rule by small businesses is technologically feasible. Small businesses engaged in growing certified seed are already sampling seed and submitting it to certified laboratories for testing.
    6. Minimizing adverse impact:
    The proposed rule is designed to minimize any adverse economic impact on small businesses by limiting the requirements to those necessary to incorporate the latest nationally recognized standards and practices for seed certification and conforming New York State's standards to the Federal Seed Act (7 U.S.C. § 1551-1611) and the Federal Seed Act Regulations (7 C.F.R. Part 201).
    7. Small business and local government participation:
    The Department complied with SAPA § 202-b(6) by meeting with growers of certified seed, representatives of the Cornell Seed Improvement Project and representatives of the New York Seed Testing Laboratory to discuss the proposed rule.
    Rural Area Flexibility Analysis
    1. Types and estimated numbers of rural areas:
    The approximately twelve producers growing certified seed are located throughout the rural areas of New York State.
    2. Reporting, recordkeeping and other compliance requirements; and professional services:
    The reporting, recordkeeping and other compliance requirements of the proposed rule and the kinds of professional services likely to be needed in a rural area to comply with the proposed rule are as follows:
    As required by section 96.2, the originator, developer or owner of a variety, or agent thereof, must make available the information set forth in said Section whenever eligibility for certification is requested.
    As required in section 96.5(e), seed from inspected fields must be positively identified at all times.
    As required by section 96.5(f), all samples from each cleaned lot of seed eligible for certification shall be drawn by a person approved by the certifying agency and the Department as demonstrated by an approved compliance agreement. In addition, samples shall be taken according to the procedures set forth in the AASCO Handbook on Seed Sampling and shall be taken from and be truly representative of the entire lot which has been recleaned and is in condition for sale.
    As required by section 96.5(g), the analysis and tests of samples of seed must be in accordance with the Rules for Testing Seeds, 2007 edition published by the Association of Official Seed Analysts. Testing shall be by laboratories approved by the certifying agency in consultation with the Department.
    As required by section 96.6, facilities of processors must be available to perform processing without introducing admixtures. The identity of seed must be maintained at all times. Records of all operations relating to certification must be complete and adequate to account for all incoming seed and final disposition of seed. Processors must permit inspection by the certifying agency of all records pertaining to all classes of certified seed.
    As required by section 96.6(f), the blending of lots of different classes may only be done when authorized by the certifying agency and the lowest class shall be applied to the resultant blend. Seed lots for a specific crop must be limited to a quantity characterized as uniform by the certifying agency and from which a representative sample may be obtained.
    As required by section 96.7, certified seed offered for sale must have an official certification label affixed to each container clearly identifying the certifying agency, the lot number or other identification, the variety name (if certified as to variety) and the kind and class of seed. In the case of seed sold in bulk, the invoice or accompanying document shall identify the invoice or accompanying document must identify the certifying agency, the crop kind, variety (if certified as to variety), class of seed, and the lot number or other identification. Labels other than those printed on the containers must be attached to containers in a manner that prevents removal and reattachment without tampering being obvious.
    As provided by section 96.8, only growers or firms approved by the certifying agency shall be eligible to produce certified seed.
    As provided by section 96.10, seed growers are required at the time of making application for field inspection, to furnish documentary evidence to the certifying agency to establish the source of seed used for the production of foundation, registered or certified seed.
    As provided by section 96.12, every field for which certification is requested shall show evidence of proper management and shall show that reasonable precaution has been taken to control contaminating crops and varieties and objectionable weeds.
    As provided in section 96.13, a grower must obtain approval from the certifying agency before selling certified seed in bulk. Bulk handled seed, in addition to being properly identified by stencil, label, or tag, when sold, must be accompanied by a bulk sale certification in lieu of an official tag.
    As provided in section 96.14, when certified seed is in short supply due to circumstances beyond the control of certified seed growers, seed meeting all certification requirements in respect to variety purity, but failing to meet other standards, may be certified under conditions jointly prescribed by the certifying agency and the Commissioner. Seeds so certified shall be tagged with a green certification by which shall clearly show the class of certified seed. Foundation and registered seed failing to meet certification standards other than those affecting genetic purity may be identified as approved planting stock for the production of certified seed in New York State upon the approval of the certifying agency. The tag attached to such seed shall clearly show the class of certified seed and the respects in which the seed does not meet regular certification standards.
    As provided in section 96.15, responsibility for any obligations relating to proper labeling of seed, other than those concerned with certification (e.g. proper techniques in establishing genetic identity of seed), arising from the sale or shipment of seed which has been certified rests with the grower or subsequent handler making the sale or shipment.
    As provided in section 96.16, all carry-over seed for which certification has not been completed but which is eligible for certification must be reported to the certifying agency by August 15th of the year following the production season. Carry-over certified seed must have a current laboratory report from an approved laboratory based on a newly taken representative sample of the seed lot and shall meet all applicable certification standards.
    As provided in section 96.18, an application entered for phyto-inspection for a new variety or crop must be submitted to the certifying agency at least 12 months prior to the stated deadline dates for the application for field inspection.
    The type of professional services likely to be needed in a rural area to comply with the proposed rule are the services of an approved seed testing laboratory.
    3. Costs:
    It is not anticipated that initial capital costs will be incurred in order to comply with the proposed rule. The annual cost for continuing compliance with the proposed rule will depend on the amount of seed that a grower submits for certification. These costs include the cost of inspection and the cost of laboratory analysis. It is not anticipated that there will be any variation in such costs for different types of public and private entities in rural areas.
    4. Minimizing adverse impact:
    The rule is designed to minimize any adverse impact on rural areas by limiting the requirements to those necessary to incorporate the latest nationally recognized standards and practices for seed certification and conforming New York State's standards to the Federal Seed Act (7 U.S.C § 1551-1611) and the Federal Seed Act Regulations (7 C.F.R. Part 201). The approaches suggested by SAPA § 202-bb(2) and similar approaches were considered.
    5. Rural area participation:
    The Department complied with SAPA § 202-bb(7) by meeting with growers of certified seed, who reside in rural areas within the State, representatives of the Cornell Seed Improvement Project and representatives of the New York Seed Testing Laboratory to discuss the proposed rule.
    Job Impact Statement
    1. Nature of impact:
    It is not anticipated that the rule will have an impact on jobs and employment opportunities.
    2. Categories and numbers affected:
    The number of persons employed by the approximately twelve producers of certified seed in New York State is unknown.
    3. Regions of adverse impact:
    It is not anticipated that the rule would have a disproportionate adverse impact on jobs or employment opportunities in any region of the State.
    4. Minimizing adverse impact:
    The Department has attempted to minimize any unnecessary adverse impacts on existing jobs and to promote the development of new employment opportunities by limiting the requirements to those necessary to incorporate the latest nationally recognized standards and practices for seed certification and conforming New York State's standards to the Federal Seed Act (7 U.S.C § 1551-1611) and the Federal Seed Act Regulations (7 C.F.R. Part 201).
    5. Self-employment opportunities:
    The rule would not have a measurable impact on opportunities for self-employment.

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