NAC586.151. Seed not intended for human or animal consumption: Requirements of owner of crop; exemption.


Latest version.
  •      1. Except as otherwise provided in subsection 2:

         (a) The owner of any crop grown to produce seed which is not intended for human consumption or as feed for animals shall:

              (1) Provide all of the seed screening to a seed conditioner for disposal in a manner that ensures the seed screening cannot be distributed as food for human consumption or as feed for animals.

              (2) Inform the seed conditioner of the pesticides applied to the crop.

         (b) The seed conditioner shall keep records of the disposal of the seed screening for not less than 3 years after the date of the disposal. The seed conditioner shall provide copies of these records to the Department upon its request. The records must contain the following information:

              (1) Verification of shipment to a site where disposal occurred, including the date and the source of the shipment.

              (2) The location of the site where disposal occurred.

              (3) The method of disposal, including, but not limited to, burial, composting or incineration.

              (4) The amount and type of material disposed.

         (c) Any seed which is not intended for human consumption or as feed for animals:

              (1) Must not be distributed as food for human consumption or as feed for animals.

              (2) Must be distributed in containers bearing a tag giving notice that the seed must not be used as food for human consumption or as feed for animals.

         (d) Any crop grown to produce seed which is not intended for human consumption or as feed for animals, and any by-product of such a crop, including, but not limited to, green chop, hay, pellets, meal, whole seed and cracked seed, must not be distributed as food for human consumption or as feed for animals.

         2. The provisions of subsection 1 do not apply to any crop or by-product of a crop grown in this State to which:

         (a) No pesticide has been applied; or

         (b) Only pesticides registered and labeled for application to that crop have been applied, if the residue of the pesticides is within the allowable amounts prescribed by the Environmental Protection Agency.

         3. As used in this section:

         (a) “Seed conditioner” means a person who disposes of seed screening in compliance with state and federal laws and regulations.

         (b) “Seed screening” means all matter separated from the seeds through the process of using screens.

     (Added to NAC by Div. of Agriculture, eff. 11-12-93)