[ Method of inspecting, sampling, and testing, and the application of tolerance shall be according to the "Rules for Testing Seeds" adopted by the Association of Official Seed Analysts* except:

1. For those kinds of tree and shrub seed not included in the "Rules for Testing Seeds," Association of Official Seed Analysts, the testing procedure used shall be those recommended by the National Tree Seed Laboratory.

2. That tolerances are not allowed on prohibited noxious weed seeds.

3. Tolerance shall apply to flower and vegetable germination standards only as specified in 2VAC5-390-90 and 2VAC5-390-110.

4. For seed peanuts the testing tolerance will be five on the minimum germination standard.

5. Certain kinds listed as crop seeds in Association of Official Seed Analysts Handbook 25 "Uniform Classification of Weed and Crop Seed" shall be considered restricted noxious weed seeds as listed in 2VAC5-390-20 B 2.

6. Tolerance shall not apply to cotton for agricultural seed when the germination rate for such seed, as determined by the Department of Agriculture and Consumer Services, is less than the minimum germination rate established in 2VAC5-390-190 A.

*Currently effective, copies of which may be obtained from the commissioner upon request, at cost. ]

A. Cotton for agricultural seed, as defined in § 3.2-4000 of the Code of Virginia, shall have a 60% minimum germination.

B. [ Cotton for agricultural seed with a germination rate less than 60%, as determined by the Department of Agriculture and Consumer Services, shall not be distributed, sold, or offered for sale.

C. ] A licensee may relabel and distribute, sell, or offer for sale cotton for agricultural seed that is labeled in violation of § 3.2-4008 C 9 [ a ] of the Code of Virginia if such seed is relabeled with the germination rate determined by the Department of Agriculture and Consumer Services [ and such germination rate, without a tolerance applied, is at least 60% ] .