Section 115.285. Inspection and testing of Prenuclear seed potatoes

(a) Inspections of each seed lot for which Prenuclear certification is sought shall be conducted as follows:

(1) As a requisite to Prenuclear status, the grower of the seed potatoes shall, at his own expense, annually inspect and test the tissue culture-grown materials for which certification is sought for trueness-to-variety and freedom from Erwinia caratovora pv. caratovora, Erwinia caratovora pv. atroseptica, Clavibacter michiganense subsp. sepedonicum (synonym: Corynebacterium sepedonicum), potato spindle tuber viroid, potato leafroll virus and potato viruses A, M, S, X and Y.

(2) The Department will annually inspect laboratory facilities used for the propagation of Prenuclear seed potatoes to verify compliance with § 115.272 (relating to field, greenhouse or laboratory conditions).

(3) The Department will annually inspect greenhouse facilities used for the propagation of tissue culture materials for compliance with § 115.272. This inspection will include sampling and testing of water and growth medium for the presence of Erwinia caratovora pv. caratovora and Erwinia caratovora pv. atroseptica.

(4) The Department will inspect the greenhouse crop between 3 and 4 weeks after planting. The inspector may sample any seed lot and may reject any seed lot showing signs of insect or disease pests which could compromise the quality of the seed potato or present a risk to the potato industry.

(5) The Department will inspect the greenhouse crop when plants are at peak foliar growth. Visual inspection for varietal trueness and the presence of insect or disease pests will be performed. Samples will be taken and tested for the presence of potato leafroll virus and potato viruses A, M, S, X and Y.

(6) At or near harvest of a greenhouse crop, the Department will collect random samples from each seed lot, and test the samples for the presence of Erwinia caratovora pv. caratovora or Erwinia caratovora pv. atroseptica or Clavibacter michiganense subsp. sepedonicum (synonym: Corynebacterium sepedonicum).

(b) The Department may inspect greenhouse or laboratory facilities, records, equipment or other facilities or instruments used in the propagation of potatoes for which Prenuclear certification is sought, or for which Prenuclear certification has been granted, during normal business hours of the greenhouse or laboratory. During the inspection, the Department may take samples and perform tests it deems necessary. When samples are taken under this subsection, the Department will issue to the applicant, or leave with a responsible person at the facility from which the samples are taken, a receipt setting forth the number and description of the samples taken and the reason for the taking of the samples. Once the samples have been tested, the Department will provide the applicant with written notice of the tests conducted and the results of the tests.

(c) The tests and analyses described in this section shall be conducted at a laboratory approved by the Department using testing procedures approved by the Department. The Department will maintain, and provide upon request, a written description of the testing procedures and protocols to be applied, together with a list of the laboratories approved to conduct these tests and analyses. Whenever the Department makes changes to this written description or list, it will mail a copy of the updated description or list to each current applicant for Prenuclear certification, at the address indicated on the application.

(d) The expense of testing or analysis required under subsection (a) shall be borne by the applicant. The expense of testing or analysis conducted under subsection (b) will be borne by the Department, unless the testing or analysis is a ‘‘Florida Test,’’ or similar test, required by the Department under § 115.291(d) (relating to winter test).

The provisions of this § 115.285 adopted April 2, 1993, effective April 3, 1993, 23 Pa.B. 1558.

Notation

Authority

The provisions of this § 115.285 issued under The Pennsylvania Seed Act of 1965 (3 P. S. § § 285-1—285-11); and the act of April 11, 1929 (P. L. 488, No. 205) (3 P. S. § § 291—297).

Cross References

This section cited in 7 Pa. Code § 113.32 (relating to procedure for inspections); and 7 Pa. Code § 115.287 (relating to violations).