The certifying agency may, at its discretion, certify seed which fails to meet certification standards for reasons other than genetic purity. The certification tag or label shall identify the seed as "substandard seed" and shall indicate the reason for which the seed lot failed to meet certification standards. The agency shall only certify varieties protected under Title V of the Federal Seed Act as "substandard seed". The agency may approve small grain seed as "substandard seed for germination" if the percent germination is within 5 percentage points of the minimum certified germination for that kind. The agency may not certify soybean seed as "substandard seed for germination".