§ 22-61c — Seed label and other requirements.

(a) Each container of agricultural, vegetable or flower seeds that is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear thereon or have attached thereto, in a conspicuous place, a plainly written or printed label or tag in the English language giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container: (1) For all agricultural, vegetable and flower seeds that are treated: (A) A word or statement indicating that the seed was treated. (B) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used. (C) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement as follows: “Do not use for food, feed or oil purposes”. The caution indicator for mercurials and similarly toxic substances shall be a poison statement or symbol. (D) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration). (2) For agricultural seeds, except cool season lawn and turf grass seed or mixtures thereof, seed sold on a pure live seed basis, or hybrids that contain less than ninety-five per cent hybrid seed: (A) The name of the kind and variety for each agricultural seed component present in excess of five per cent of the whole and the percentage by weight of each, provided if the variety of those kinds generally labeled as to variety as designated or defined by rule, as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time is not stated, the label shall show the name of the kind and the following words: “Variety Not Stated”. Hybrids shall be labeled as hybrids. (B) The lot number or other lot identification. (C) The origin (state or foreign country), if known, of alfalfa, red clover and field corn except hybrid corn. If the origin is unknown, such fact shall be stated. (D) The percentage by weight of all weed seeds. (E) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present. (F) The percentage by weight of agricultural seeds, which may be designated as “crop seeds”, other than those required to be named on the label. (G) The percentage by weight of inert matter. (H) The total of subparagraphs (D), (F) and (G) of this subdivision shall equal one hundred per cent. (I) For each named agricultural seed: (i) The percentage of germination, exclusive of hard seed; (ii) The percentage of hard seeds, if present; and (iii) The calendar month and year the test was completed to determine such percentages. (J) The “total germination and hard seed”, if desired, provided such information shall follow the information required by subparagraphs (A) and (B) of this subdivision. (K) The name and address of the person who labeled such seed, or who sells, offers or exposes such seed for sale in this state. (3) For cool season lawn and turf grasses, including, but not limited to, Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, creeping bentgrass and any mixture thereof: (A) For single kinds, the name of the kind or kind and variety. (B) For mixtures: (i) The word “mix”, “mixed” or “mixture” or “blend” shall be stated with the name of the mixture; (ii) The heading “pure seed” and “germination” or “germ” shall be used in the proper places; and (iii) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of five per cent of the whole, and the percentage, by weight, of pure seed in order of predominance and in columnar form. (C) The percentage by weight of agricultural seed other than those required to be named on the label. (D) The percentage by weight of inert matter for lawn and turf grass not to exceed ten per cent, except that fifteen per cent inert matter is permitted in Kentucky bluegrass labeled without a variety name. Foreign material, other than material used for coating or pelleting, or combination products, used to enhance the planting value, not common to grass seed, may not be added. (E) The percentage by weight of all weed seeds. Maximum weed seed content is not to exceed one-half of one per cent (0.50%) by weight. (F) The total of subparagraphs (A), (B), (C), (D) and (E) of this subdivision shall be equal to one hundred per cent. (G) Noxious weeds and undesirable grass seed that are required to be labeled shall be listed under the heading “Noxious Weed Seeds” or “Undesirable Grass Seeds”. Undesirable grass seeds shall not exceed 0.50 per cent by weight. (H) For each agricultural seed named under subparagraph (A) or (B) of this subdivision: (i) Percentage of germination, exclusive of hard seed; (ii) The percentage of hard seed, if present; (iii) The calendar month and year the test was completed to determine such percentages provided the oldest test date shall be used for such purpose; and (iv) The statement “sell by (date)”, provided such date shall be not later than fifteen months after the first month following the date of the oldest test date. (I) The name and address of the person who labeled such seed or who sells, offers or exposes such seed for sale in the state. (4) For agricultural seeds that are coated: (A) The percentage by weight of pure seeds with coating material removed. (B) The percentage by weight of coating material. (C) The percentage by weight of inert material, exclusive of coating material. (D) The percentage of germination, as determined on four hundred pellets with or without seeds. (E) In addition to the provisions of this subdivision, the labeling of coated seed shall comply with the requirements of subdivisions (1), (2) and (3) of this subsection. (5) For vegetable seeds in packets as prepared for use in home gardens, household plantings or vegetable seeds in preplanted containers, mats, tapes or other planting devices: (A) Name of kind and variety of seed. (B) Lot identification, by lot number or other means. (C) (i) The calendar month and year the germination test was completed and the statement “sell by (date)”, provided such date shall be not later than twelve months after the first month following the date of such germination test; or (ii) The year for which the seed was packaged for sale, indicated as “packed for yy” and the statement “sell by yy”, provided such year shall indicate a calendar year. (D) The name and address of the person who labeled such seed or who sells, offers or exposes such seed for sale in this state. (E) For seeds that germinate less than the standard last established by the seed control officer: (i) The percentage of germination, exclusive of hard seed; (ii) The percentage of hard seed, if present; and (iii) The words “below standard”, in not less than eight-point type. (F) For seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from such medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container. (6) For vegetable seeds in containers prepared for use in home gardens or household plantings, other than packets, preplanted containers, mats, tapes or other planting devices: (A) The name of each kind and variety present in excess of five per cent and the percentage by weight of each, in order of predominance. (B) The lot number or other lot identification. (C) For each named vegetable seed: (i) The percentage germination, exclusive of hard seed; (ii) The percentage of hard seed, if present; and (iii) The calendar month and year the test was completed to determine such percentages. (D) Following the information required pursuant to subparagraphs (A) and (B) of this subdivision, the “total germination and hard seed” may be indicated, if desired. (E) The name and address of the person who labeled such seed, or who sells, offers or exposes such seed for sale in this state. (F) The labeling requirements for vegetable seeds in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser. (7) For flower seeds in packets prepared for use in home gardens, household plantings or flower seeds in preplanted containers, mats, tapes or other planting devices: (A) For all kinds of flower seeds: (i) The name of the kind and variety or a statement of type and performance characteristics, as prescribed in the rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time; (ii) (I) The calendar month and year the germination test was completed and the statement “sell by (date)”, provided such sell by date shall be not more than twelve months after the first month following the date of such; (II) The year that such seed was packed for sale, indicated as “packed for yy”, provided “yy” shall be a calendar year; or (III) The percentage germination and the calendar month and year such test was completed to determine such percentage, provided such germination test was completed within not more than twelve months prior to such labeling; and (iii) The name and address of the person who labeled such seeds, or who sells, offers or exposes such seed for sale in this state. (B) For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established under rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time: (i) The percentage of germination exclusive of hard seeds; (ii) The percentage of hard or dormant seed, if present; and (iii) The words “below standard”, in not less than eight-point type. (C) For seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container. (8) For flower seeds in containers other than packets and other than preplanted containers, mats, tapes or other planting devices and not prepared for use in home flower gardens or household plantings: (A) The name of the kind and variety or a statement of type and performance characteristics, as prescribed in rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time, and for wildflowers, the genus and species and subspecies, if appropriate. (B) The lot number or other lot identification. (C) For wildflower seed only with a pure seed percentage of less than ninety per cent: (i) The percentage, by weight, of each component listed in order of predominance; (ii) The percentage by weight of weed seed, if present; and (iii) The percentage by weight of inert matter. (D) For those kinds of seed for which standard testing procedures are prescribed: (i) Percentage germination exclusive of hard or dormant seed; (ii) Percentage of hard or dormant seed, if present; and (iii) The calendar month and year that the test was completed to determine such percentages. (E) For those kinds of seed for which standard testing procedures are not available, the year of production or collection. (F) The name and address of the person who labeled the seeds or who sells, offers or exposes such seeds for sale in this state. (9) For agricultural seeds sold on a pure live seed basis, if in accordance with rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time, each container shall bear a label containing the information required by subdivision (2) of subsection (b) of this section, except: (A) The label need not show: (i) The percentage by weight of each agricultural seed component; and (ii) The percentage by weight of inert matter. (B) The label shall show for each named agricultural seed, instead of the information required by subparagraph (H) of subdivision (2) of this subsection: (i) The percentage of pure live seed determined in accordance with rules as adopted by the Association of American Seed Control Officials, effective October 1, 1978, and amended from time to time; and (ii) The calendar month and year in which the test determining the percentage of live seed was completed. (10) For agricultural and vegetable hybrid seed that contain less than ninety-five per cent hybrid seed: (A) Kind or variety shall be labeled as “hybrid”. (B) The per cent that is hybrid shall be labeled parenthetically in direct association following named variety, for example: “Comet (85% Hybrid).” (C) Varieties in which the pure seed contain less than seventy-five per cent hybrid seed shall not be labeled hybrids. (11) For combination mulch, seed and fertilizer products: (A) The word “combination” followed by the words “mulch-seed–fertilizer”, as applicable, shall appear on the upper third of the principal display panel. The word “combination” shall be the largest and most conspicuous type on the container and equal to or larger than the product name. The words “mulch-seed-fertilizer” shall not be smaller than one-half the size of the word “combination” and shall be in close proximity to the word “combination”. Any such combination mulch shall contain not less than seventy per cent mulch. (B) On the analysis label for lawn and turf seeds placed in a germination medium, mat, tape or other device or mixed with mulch such label shall contain the following: (i) The product name; (ii) The lot number; (iii) The percentage by weight of pure seed of each kind and variety named which may be less than five per cent of the whole; (iv) The percentage by weight of other crop seeds; (v) The percentage by weight of inert matter which shall not be less than seventy per cent; (vi) The percentage by weight of weed seeds; (vii) The total of clauses (iii), (iv), (v) and (vi) of this subparagraph shall equal one hundred per cent; (viii) The name and number of noxious weed seeds per pound, if present; (ix) The percentage of germination and hard seed, if applicable, of each kind or kind and variety named and the date of such determining test; and (x) The name and address of tagger. (12) For combination products containing seed and granular fertilizer: (A) The word “combination” followed by the words “seed-fertilizer” shall appear on the upper third of the principal display panel. The word “combination” shall be the largest and most conspicuous type on the container and shall be equal to or larger than the product name. The words “seed-fertilizer” shall be no smaller than one-half the size of the word “combination” and shall appear in close proximity to the word “combination”. (B) On the analysis label, the percentage by weight of the fertilizer in such container shall be listed on a separate line as a component of the inert matter. (b) Each container of tree or shrub seed that is sold, offered for sale, or exposed for sale or transported in this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, provided such statement shall not be modified or denied in the labeling or on another label attached to such container except labeling of such seed supplied under a contractual agreement may be by invoice accompanying the shipment or by an analysis tag attached to such invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not identified by such a lot number shall contain complete labeling. The provisions of this subsection shall not be deemed to apply to any tree seed produced by a consumer. (1) For all tree or shrub seeds that are treated: (A) Words or a statement indicating that the seed was treated. (B) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used. (C) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement, as follows: “Do not use for food or feed or oil purposes”. The caution statement for mercurials and similarly toxic substances shall be a poison statement and symbol. (D) If the seed was treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration). (2) For all tree or shrub seeds that are not treated: (A) The common name of the species of seed and subspecies, if applicable. (B) The scientific name of the genus and species and subspecies, if applicable. (C) The lot number or other lot identification. (D) The origin: (i) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as a state or county; or (ii) For seed collected from other than a predominantly indigenous stand, an indication of the area of collection and the origin of the stand or the following statement: “Origin not indigenous”. (E) The elevation or the upper and lower limits of elevations within which such seed was collected. (F) Purity as a percentage of pure seed by weight. (G) For those species for which standard germination testing procedures are prescribed by the seed control officer, the following: (i) The percentage germination exclusive of hard seed; (ii) The percentage of hard seed, if present; and (iii) The calendar month and year the test was completed to determine such percentages. (H) In lieu of the requirements of subparagraph (G) of this subdivision, such seed may be labeled as follows: “Test is in process, results will be supplied upon request”. (I) For those species for which standard germination testing procedures are not prescribed by the seed control officer, the calendar year in which the seed was collected. (J) The name and address of the person who labeled such seed or who sells, offers or exposes such seed for sale in this state.

Legislative History

(P.A. 14-223, S. 2.)