§ 137 — Label requirements of all seeds, including lawn-seeding mixtures

New York § 137

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 9: Inspection and Sale of Seeds

Text

§ 137. Label requirements of all seeds, including lawn-seeding\nmixtures. Each container of seed which is sold, offered or exposed for\nsale, or transported in this state for planting purposes, shall bear\nthereon or have attached thereto in a conspicuous place, a plainly\nwritten or printed label or tag in the English language, giving the\nfollowing information:\n A. All seeds except seed potatoes:\n 1. The name and address of the person who labeled said seed, or who\nsells, offers or exposes said seed for sale within this state.\n 2. If seed has been treated as defined in this article, the commonly\naccepted or trade name and/or the purpose of the treatment.\n 3. If seed has received an application of a substance harmful to\nhumans or other vertebrates in the quantities used, a warning adequate\nto protect the public.\n B. All seeds, except tree or shrub seeds and seed potatoes where\npercentage of germination, exclusive of hard seed and/or percentage of\nhard seed are required to be indicated, the terms "total" or "total\ngermination and hard seed" may be used, but the term "total germination"\nalone may not be used.\n C. Agricultural seeds, including lawn-seeding mixtures:\n 1. In order of their predominance, the name of the kind or kind and\nvariety, of each agricultural seed component in excess of five per cent\nof the whole, and the percentage by weight of each, except that where\nmore than ten per cent of the whole consists of an aggregate of\nagricultural seed components each present in an amount not exceeding\nfive per cent of the whole, each component in excess of one per cent of\nthe whole shall be named together with the percentage by weight of each.\n 2. Where more than one agricultural seed component is named, the word\nmixture, mix, or mixed shall be shown conspicuously on the label.\n 3. Lot number or other lot identification.\n 4. Percentage by weight of all weed seeds.\n 5. The name and number of seeds per pound of each kind of noxious weed\nseed present.\n 6. Percentage by weight of agricultural seeds or crop seeds other than\nthose labeled as components and in addition the commissioner may by\nregulation designate certain crop seeds as undesirable lawn seeds and\nwhen present in lawn seed or lawn seeding mixtures, the manner in which\nthey must be identified on the labeling.\n 7. The name and number of seeds per pound of rye and hairy vetch\n(vicia villosa) seeds when present in seeds of wheat, oats and barley.\n 8. Percentage by weight of inert matter.\n 9. For each agricultural seed component:\n (a) Percentage of germination, exclusive of hard seed.\n (b) Percentage of hard seed, if present.\n (c) Calendar month and year test was completed to determine such\npercentages.\n 10. For cool season lawn and turf grasses including Kentucky\nbluegrass, red fescue, chewings fescue, hard fescue, tall fescue,\nperennial ryegrass, intermediate ryegrass, annual ryegrass, colonial\nbentgrass, creeping bentgrass and mixtures thereof:\n (a) Calendar month and year the test was completed to determine such\npercentages. Oldest test date shall be used.\n (b) The statement "Sell by " which may be no more than fifteen\nmonths from the date of test exclusive of the month of test.\n 11. For agricultural seeds that are coated:\n (a) Percentage by weight of pure seeds with coating material removed.\n (b) Percentage by weight of coating material.\n (c) Percentage by weight of inert material exclusive of coating\nmaterial.\n (d) Percentage by germination is to be determined on four hundred\npellets with or without seeds.\n D. Vegetable seeds:\n 1. For vegetable seeds in packets for use in home gardens or household\nplantings or vegetable seeds in pre-planted containers, mats, tapes, or\nother planting devices and for peas, beans, and sweet corn in containers\nof one pound or less, and other kinds of vegetable seeds in containers\nof one-quarter pound or less\n (a) Name of kind and variety of seed;\n (b) Lot identification, such as by lot number or other means;\n (c) The calendar month and year the germination test was completed and\nthe statement "Sell by _______", which may be no more than 12 months\nfrom the date of test, exclusive of the month of test; or\n the year for which the seed was packaged for sale as "Packed for\n_____" and the statement "Sell by _____", which shall be for a calendar\nyear; or\n the percentage germination and the calendar month and year the test\nwas completed to determine such percentage provided that the germination\ntest must have been completed within 12 months, exclusive of the month\nof test;\n (d) For seeds which germinate less than the standard last established\nby the commissioner under this article;\n (1) Percentage of germination, exclusive of hard seed;\n (2) Percentage of hard seed, if present;\n (3) The calendar month and year the test was completed and the\nstatement "Sell by ______," which may be not more than twelve months\nfrom the date of test, exclusive of the month of test, or the percentage\ngermination and the calendar month and year the test was completed to\ndetermine such percentage, provided that the germination test must have\nbeen completed within twelve months, exclusive of the month of test; and\n (4) The words "below standard" in not less than eight-point type.\n 2. For peas, beans, and sweet corn in containers of more than one\npound and other kinds of vegetable seeds in containers of more than\none-quarter pounds.\n (a) Name of kind and variety.\n (b) Lot number or other lot identification.\n (c) Percentage germination exclusive of hard seeds.\n (d) Percentage of hard seed if present.\n (e) The calendar month and year test was completed to determine such\npercentage; or the year for which the seed was packaged or tested.\n E. Flower seeds:\n 1. For flower seeds in packets prepared for use in home flower\ngardens:\n (a) For those kinds of flower seeds where there are annual and/or\nbiennial and/or perennial sorts, a statement in a conspicuous location\non the seed container to indicate whether the seed is of the annual,\nbiennial, or perennial sort.\n (b) Name of the kind and variety or a statement of type and\nperformance characteristics as prescribed by the commissioner.\n (c) The calendar month and year the germination test was completed and\nthe statement "Sell by ______", which may be no more than 12 months from\nthe date of test, exclusive of the month of test; or\n the year for which the seed was packaged for sale as "Packed for\n______" and the statement "Sell by _____", which shall be for a calendar\nyear; or\n the percentage germination and the calendar month and year the test\nwas completed to determine such percentage, provided that the\ngermination test must have been completed within 12 months exclusive of\nthe month of test.\n (d) For those kinds of seeds for which standard testing procedures\nshall have been adopted, and for which the commissioner shall have\npromulgated minimum germination standards as hereinafter specified, and\nwhich germinate less than the standard last established by the\ncommissioner:\n (1) Percentage germination exclusive of hard seed.\n (2) The calendar month and year the test was completed to determine\nsuch percentage, or the year for which the seed was packaged or tested.\n (3) The words "below standard" in not less than eight-point type.\n 2. For flower seeds in containers other than packets prepared for use\nin home flower gardens.\n (a) Name of kind and variety or a statement of type and performance\ncharacteristics as prescribed by the commissioner.\n (b) Lot number or other lot identification.\n (c) For kinds of seeds for which standard testing procedures shall\nhave been adopted:\n (1) Percentage germination exclusive of hard seed.\n (2) Percentage of hard seed if present.\n (3) The calendar month and year that test was completed and the\nstatement "Sell by ," which may be no more than twelve months\nfrom the date of test exclusive of the month of test or the percentage\ngermination and the calendar month and year the test was completed to\ndetermine such percentage, provided that the germination test must have\nbeen completed within twelve months exclusive of the month of test.\n F. Tree and shrub seeds:\n (1) The kind of seed and the variety.\n (2) The percentage by weight of pure seed.\n (3) The percentage of germination.\n (4) The year of collection of such seed.\n (5) The specific locality (state and county in the United States or\nnearest equivalent political unit in the case of foreign countries) in\nwhich the seed was collected.\n G. Seed potatoes:\n 1. Name of variety.\n 2. U. S. grade or New York state grade of contents.\n 3. Name and address (or in case of certified seed, the code\ndesignation) of the person who labeled said seed or who sells, offers,\nor exposes said seed for sale within this state.\n H. For combination mulch, seed and fertilizer products. The word\n"combination" followed by the words "mulch-seed-fertilizer (if\nappropriate)" must appear on the upper thirty percent of the principal\ndisplay panel. The word "combination" must be the largest and most\nconspicuous type on the container, equal to or larger than the product\nname. The words "mulch-seed-fertilizer" shall be no smaller than\none-half the size of the word "combination" and in close proximity to\nthe word "combination". These products shall contain a minimum of\nseventy percent mulch.\n I. For combination seed and fertilizer products. 1. The word\n"combination" followed by the words "seed-fertilizer" must appear on the\nupper thirty percent of the principal display panel. The word\n"combination" must be the largest and most conspicuous type on the\ncontainer, equal to or larger than the product name. The words\n"seed-fertilizer" shall be no smaller that one-half the size of the word\n"combination" and in close proximity to the word "combination".\n 2. On the analysis label, the percentage by weight of the fertilizer\nin the container shall be listed on a separate line as a component of\nthe inert matter.\n