Foundation seed production shall meet the following criteria, in addition to those requirements established for each crop (see specific crop regulations provided by this chapter):
A. Breeder seed:
(1) May be used to produce Foundation seed;
(2) Shall be produced at Maryland Agricultural Experiment Station farms, unless prior approval has been granted by the certifying agency to produce this seed elsewhere.
B. At the agency's discretion, and if approved before planting, Foundation seed may be eligible for Foundation seed production.
C. For a grower to be eligible to produce Foundation seed, the grower shall be approved by the certifying agency before seed is planted. A grower shall have the following qualifications:
(1) The grower shall have produced Registered or Certified seed in past years;
(2) The grower shall be producing Registered or Certified seed of the same variety, unless prior written approval has been granted by the certifying agency.
D. Applications for Foundation seed production of small grains shall be received by April 1. The agency shall make several inspections of the crop during the growing season.
E. Applications for Foundation seed production of soybeans shall be received by July 15. The agency shall make several inspections of the crop during the growing season and at maturity. For soybeans, at least one inspection during the growing season shall be made for flower color.
F. Before conditioning Foundation seed, the conditioning facility shall be inspected and be approved by the certifying agency (see Regulation .08C of this chapter).