SECTION 9.9. Noxious Weed Seed

It shall be unlawful to sell, offer for sale, or expose for sale any agricultural or vegetable seed for planting purposes containing noxious weed seed in excess of the following limitations per pound.

(1) Prohibited noxious weed seeds are:

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(2) Restricted noxious weed seeds and limitations per pound are:

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(3) If bermudagrass (Cynodon dactylon) or giant bermudagrass (Cynodon spp.) occurs in excess of 5.0% of the whole by weight, its presence therein must be indicated as an agricultural seed on the labeling of such seed. When either bermudagrass or giant bermudagrass is considered an agricultural seed, the seed of the other kind, if present shall also be classified as an agricultural seed and must meet the requirements for labeling of agricultural seed.

(4) Johnsongrass includes sorghum almum (Sorghum almum) and all seeds indistinguishable from Johnsongrass. If Johnsongrass occurs in excess of 5.0% of the whole by weight, its presence therein must be indicated as an agricultural seed on the label of such seed.

(5) Restricted noxious weed seeds in any combination in excess of 500 per pound are prohibited from sale, provided, however, that the rate per pound of annual bluegrass, bermudagrass, giant bermudagrass, Johnsongrass and morning-glory are exempt from the total count.

Source Note: The provisions of this §9.9 adopted to be effective September 6, 1996, 21 TexReg 8097; amended to be effective March 2, 2023, 48 TexReg 1028