§ 433:2 — Label Requirements for Agricultural, Vegetable and Flower Seeds

Each container of agricultural, vegetable, and flower seeds which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear on it or have attached to it 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:
I. For all treated agricultural, vegetable, and flower seeds, 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 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 such as "Do not use for food, feed, or oil purposes." The caution 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).
II. For agricultural seeds, except for cool season lawn and turf grass seed mixtures as provided in paragraph III; for seed sold on a pure live seed basis as provided in paragraph IX; and for hybrids which contain less than 95 percent hybrid seed as provided in paragraph X:
(a) The name of the kind and variety for each agricultural seed component present in excess of 5 percent of the whole and the percentage by weight of each, provided that, if the variety of those kinds generally labeled as to variety as designated in rules adopted by the commissioner is not stated, the label shall show the name of the kind and the words, "Variety Not Stated." Hybrids shall be labeled as hybrids.
(b) Lot number or other lot identification.
(c) State or country of origin, if known, of alfalfa, red clover and field corn, except hybrid corn. If the origin is unknown, the fact shall be stated.
(d) 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) Percentage by weight of agricultural seeds, which may be designated as "crop seeds," other than those required to be named on the label.
(g) Percentage by weight of inert matter.
(h) For each named agricultural seed:
(1) Percentage of germination, exclusive of hard seed.
(2) Percentage of hard seeds, if present.
(3) The calendar month and year the test was completed to determine such percentages.
Following (1) and (2) the "total germination and hard seed" may be stated as such, if desired.
(i) Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
III. For cool season lawn and turf grasses including Kentucky bluegrass, red fescue, chewing fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, creeping bentgrass, and mixtures thereof:
(a) For single kinds, the name of the kind or kind and variety.
(b) For mixtures:
(1) The word "mix," "mixed," "mixture," or "blend" shall be stated with the name of the mixture.
(2) The heading "Pure Seed" and "Germination" or "Germ" shall be used in the proper places.
(3) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form.
(c) Percentage by weight of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form.
(d) The percentage by weight of inert matter for lawn and turf grass not to exceed 10 percent, except that 15 percent inert matter is permitted in Kentucky bluegrass labeled without a variety name. Foreign material, other than material used for coating or pelleting, as provided in paragraph IV or combination products, as provided in paragraph XI, to enhance the planting value, not common to grass seed, may not be added.
(e) Percentage by weight of all weed seeds. Maximum weed seed content not to exceed 1/2 of one percent by weight.
(f) Noxious weeds and undesirable grass seed that are required to be labeled will be listed under the heading "Noxious Weed Seeds" or "Undesirable Grass Seeds". Undesirable grass seeds may not exceed 1/2 of one percent by weight.
(g) For each agricultural seed name under subparagraphs (a) or (b):
(1) Percentage of germination, exclusive of hard seed;
(2) Percentage of hard seed, if present;
(3) Calendar month and year the test was completed to determine such percentages. Oldest test date shall be used.
(4) The statement "Sell by____________" which may be no more than 15 months from the date of test exclusive of the month of the test.
(h) Name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within the state.
IV. For agricultural seeds that are coated:
(a) Percentage by weight of pure seeds with coating material removed.
(b) Percentage by weight of coating material.
(c) Percentage by weight of inert material, exclusive of coating material.
(d) Percentage of germination shall be determined on 400 pellets with or without seeds.
(e) In addition to the requirements of this paragraph, labeling of coated seed shall comply with the requirements of paragraphs I, II, and III.
V. For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices:
(a) Name of kind and variety of seed.
(b) Lot number or other identification.
(c) The calendar month and year the germination test was completed and the statement "Sell by ___________," which may be no more than 12 months from the date of test exclusive of the month or test or the percentage germination and the calendar month and year the test was completed to determine such percentage provided that the germination test must have been completed within 12 months exclusive of the month of test.
(d) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.
(e) For seeds which germinate less than the standard last established by the commissioner under this subdivision:
(1) Percentage of germination, exclusive of hard seed.
(2) Percentage of hard seed, if present.
(3) The words "below standard" in not less than 8-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 the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.
VI. For vegetable seeds in containers other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:
(a) The name of each kind and variety present in excess of 5 percent and the percentage by weight of each in order of its predominance.
(b) Lot number or other lot identification.
(c) For each named vegetable seed:
(1) Percentage of germination, exclusive of hard seed.
(2) Percentage of hard seed, if present.
(3) The calendar month and year the test was completed to determine such percentages.
Following (1) and (2) the "total germination and hard seed" may be stated as such, if desired.
(d) Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
(e) 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.
VII. For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices:
(a) For all kinds of flower seeds:
(1) The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules adopted by the commissioner under this subdivision.
(2) The calendar month and year the germination test was completed and the statement "Sell by _____________," which may be no more than 12 months from the date of test exclusive of the month of test or the percentage of germination and the calendar month and year the test was completed to determine such percentage provided that the germination test must have been completed within 12 months exclusive of the month of test.
(3) The name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within 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 the provisions of this subdivision:
(1) Percentage of germination, exclusive of hard seed.
(2) The words "below standard" in not less than 8-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.
VIII. For flower seeds in containers other than packets and other than pre-planted 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 adopted by commissioner under this subdivision 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 90 percent:
(1) The percentage by weight of each component listed in order of their predominance;
(2) The percentage by weight of weed seed if present; and
(3) The percentage by weight of inert matter.
(d) For those kinds of seed for which standard testing procedures are prescribed:
(1) Percentage germination exclusive of hard or dormant seed;
(2) Percentage of hard or dormant seed, if present; and
(3) 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 seed or who sells, offers, or displays the seed for sale within the state.
IX. For agricultural seeds sold on a pure live seed basis, if in accordance with rules adopted by the commissioner, each container shall bear a label containing the information required by paragraph II except:
(a) The label need not show:
(1) The percentage by weight of each agricultural seed component as required by subparagraph II(a); or
(2) The percentage by weight of inert matter as required by subparagraph II(g).
(b) The label shall show for each named agricultural seed, instead of the information required by subparagraph II(h):
(1) The percentage of pure live seed.
(2) The calendar month and year in which the test determining the percentage of pure live seed was completed.
X. For agricultural and vegetable hybrid seed which contain less than 95 percent hybrid seed:
(a) Kind or variety shall be labeled as "hybrid."
(b) The percent which is hybrid shall be labeled parenthetically following in direct association the named variety; i.e., Comet (85 percent hybrid).
(c) Varieties in which the pure seed contain less than 75 percent hybrid seed shall not be labeled hybrids.
XI. For combination mulch, seed, and fertilizer products:
(a) The word "combination" followed by the words "mulch," "seed," or "fertilizer," as appropriate, must appear on the upper 30 percent of the principal display panel. The word "combination" shall be the largest and most conspicuous print on the container, equal to or larger than the product name. The words "mulch," "seed," or "fertilizer," shall be no smaller than 1/2 the size of the word "combination" and in close proximity to the word "combination." These products shall contain a minimum of 70 percent mulch.
(b) Agricultural, lawn, and turf seeds placed in a germination medium, mat, tape, or other device or mixed with mulch shall be labeled as follows:
(1) Product name.
(2) Lot number.
(3) Percentage by weight of pure seed of each kind and variety named which may be less than 5 percent.
(4) Percentage by weight of other crop seed.
(5) Percentage by weight of inert matter which shall not be less than 70 percent.
(6) Percentage by weight of weed seeds.
(7) Name and number of noxious weed seeds per pound, if present.
(8) Percentage of germination, and hard seed if appropriate, of each kind or kind and variety named and date of test.
(9) Name and address of labeler.

Legislative History

1990, 126:2, eff. June 18, 1990. 2003, 106:4-10, eff. Jan. 1, 2004.