§ 15-15-1-32 — Agricultural seeds; information for purchaser; label; bulk purchase

(a) A container of agricultural seed of any
size consisting of more than one (1) pound distributed in Indiana for
sowing and seeding purposes must contain or have attached in a
conspicuous place on the outside of the container a plainly written or
printed tag or label in English giving the information required by this
section. If the seed is distributed in bulk, the information required by
this section must accompany delivery and be supplied to the purchaser
at the time of delivery.
(b) The labeling required for seed sold in bags and packages, and in
bulk as required by this section, must include the following statements
on the labeling attached to the container:
(1) The commonly accepted name of each kind and variety of
each agricultural seed component that exceeds five percent (5%)
of the whole and the percentage by weight of each in the order of
its predominance. However, the variety designation may be
omitted if the label states the name of the kind and the words
"variety not stated". If more than one (1) component is required
to be named, the word "mixture" or the word "mixed" must be
shown conspicuously on the label. A mixture consisting of two (2)
or more varieties of the same kind may be designated as a
"blend".
(2) Lot number or other lot identification.
(3) Origin (state or foreign country where grown) for all seed
except hybrid corn. If the origin is unknown, that fact must be
stated.
(4) The percentage of all weed seed.
(5) The name and rate of occurrence per pound of each kind of
restricted noxious weed seed present.
(6) The percentage of all other agricultural or vegetable seed,
which may be designated as "other crop seeds" or "crop seeds".
(7) The percentage of inert matter.
(8) For each named agricultural seed:
(A) the percentage of germination (as defined by rule adopted
under section 28 of this chapter), exclusive of hard seed;
(B) the percentage of hard seed, if present; and
(C) the calendar month and year the test was completed to
determine the percentages.
(9) The name and address of the person who labeled the seed or
who distributed it within Indiana.
(10) For all seed named and treated (for which a separate label
may be used):
(A) a word or statement indicating that the seed has been
treated;
(B) the commonly accepted coined chemical or abbreviated
chemical (generic) name of any applied pesticide;
(C) a description of the process or the commonly accepted
name of the substance applied if other than a pesticide; and
(D) if the substance in the amount present with the seed is
harmful to human or other vertebrate animals, a caution
statement such as "Do Not Use For Food Or Feed Or Oil
Purposes". A poison statement or symbol must be used as the
caution for mercurials and similarly toxic substances.
(11) For pre-inoculated seed, in addition to other labeling
requirements of this section (for which a separate label may be
used):
(A) a word or statement indicating that the seed has been
pre-inoculated; and
(B) the date beyond which the inoculant is not to be considered
effective.
(12) For cool season lawn and turf grasses, the following
statements on the labeling:
(A) For single kinds of grasses, the name of the kind or the kind
and variety.
(B) For grass mixtures:
(i) the word "mix", "mixed", "mixture", or "blend" must be
stated with the name of the mixture;
(ii) the headings "Pure Seed" and "Germination" or "Germ"
must be used in the proper places; and
(iii) the commonly accepted name of the kind or the kind and
variety of each agricultural seed component that exceeds five
percent (5%) of the whole, and the percentage by weight of
pure seed in order of its predominance and in columnar form.
(C) The percentage by weight of agricultural seed other than
those required to be named on the label (which must be
designated as "crop seed").
(D) The percentage by weight of inert matter.
(E) The percentage by weight of all weed seeds. The maximum
weed seed content may not exceed two and five-tenths percent
(2.5%) by weight.
(F) The name and rate of occurrence per pound of each kind of
restricted noxious weed seed present and listed under the
heading "Noxious Weed Seeds". Restricted noxious weed seed
may not exceed twenty-five hundredths of one percent (0.25%)
by weight.
(G) For each agricultural seed named under clause (A) or (B),
the following:
(i) The 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 the required percentages. The oldest test date must
be used.
(iv) The statement "Sell by (month/year)". The date may not
exceed fifteen (15) months from the date that must be stated
on the labeling under item (iii), exclusive of the month of the
test.
The total of the percentages by weight under clauses (B)(iii), (C),
(D), and (E) must equal one hundred percent (100%).
(c) The statements required by this section may not be modified or
denied.
(d) The total of the percentages that are stated on the labeling under
subsection (b)(1), (b)(4), (b)(6), and (b)(7) must equal one hundred
percent (100%).
[Pre-2008 Recodification Citation: 15-4-1-4.]

Legislative History

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.6.