[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR205.204]

[Page 392-393]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 205--NATIONAL ORGANIC PROGRAM--Table of Contents
 
         Subpart C--Organic Production and Handling Requirements
 
Sec. 205.204  Seeds and planting stock practice standard.

    (a) The producer must use organically grown seeds, annual seedlings, 
and planting stock: Except, That,
    (1) Nonorganically produced, untreated seeds and planting stock may 
be used to produce an organic crop when an equivalent organically 
produced variety is not commercially available: Except, That, 
organically produced seed must be used for the production of edible 
sprouts;
    (2) Nonorganically produced seeds and planting stock that have been 
treated with a substance included on the National List of synthetic 
substances allowed for use in organic crop production may be used to 
produce an organic crop when an equivalent organically produced or 
untreated variety is not commercially available;
    (3) Nonorganically produced annual seedlings may be used to produce 
an organic crop when a temporary variance has been granted in accordance 
with Sec. 205.290(a)(2);
    (4) Nonorganically produced planting stock to be used to produce a 
perennial crop may be sold, labeled, or represented as organically 
produced only after the planting stock has been maintained under a 
system of organic management for a period of no less than 1 year; and
    (5) Seeds, annual seedlings, and planting stock treated with 
prohibited

[[Page 393]]

substances may be used to produce an organic crop when the application 
of the materials is a requirement of Federal or State phytosanitary 
regulations.
    (b) [Reserved]