Arkansas Administrative Code
Agency 209 - Arkansas Agriculture Department
Division 02 - State Plant Board
Rule 209.02.14-001 - Regulations on the Sale of Planting Seed in Arkansas

A. The term "person"includes any individual, partnership, corporation, company, society, or association.

B. The term "agriculturalseed"includes the seeds of grass, forage, cereal, and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seeds and mixtures of such seeds.

C. The term "kind"means one or more related species or sub-species which singly or collectively is known by one common name, for example, corn, wheat, alfalfa, and tall fescue.

D. The term "variety"means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics by which it can be differentiated from other plants of the same kind.

E. The term "lot"means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.

F. The term "hybridseedcorn"as applied to field corn, means the first generation seed of a cross made under controlled conditions between different strains and involving two or more inbred lines of corn. For purposes of labeling, the number or other designations of hybrid corn shall be used as a variety name.

G. The term "hybridsorghum"means the first generation hybrid produced by controlling the pollination between a male sterile line and a pollen restoring line. "Controlling the pollination" means to use a method of hybridization which will produce pure seed of hybrid grain sorghum which is at least 95 percent hybrid seed.

H. The term "certifiedseed","registeredseed",and "foundationseed"mean seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized seed certifying agency or association.

I. The term "weedseed"includes the seeds, or structures normally considered as seeds of all plants generally recognized as weeds within this state and includes noxious weed seeds.

J. The term "labeling"includes all labels and other written, printed or graphic representations, in any manner whatsoever, accompanying and pertaining to any seed whether bulk, or in containers, and includes representations on invoices.

K. The term "advertisement"means all representations, other than those on the label, disseminated in any manner or by any means relating to seed within the scope of these regulations.

L. The term "record"includes all information relating to lot, identification, source, origin, variety, amount, processing, testing, labeling, and invoices with a lot number.

M. The term "stop-sale"means an administrative order restraining the sale, use, disposition, and movement of a definite amount of seed.

N. The term "treatedseed"means seed that has been treated with a substance designed to control or repel plant disease organisms, insects, or other pests attacking such seed or plants therefrom, or will otherwise improve the planting value of the seed.

EXCEPTION: Fumigants or grain protectants that leave no residues toxic to warmblooded animals (Synergized pyrethins) are not covered by these regulations.

O. The term "registeredseedtechnologist"as applied in these regulations, means a seed technologist who has attained registered membership in the Society of Commercial Seed Technologists through qualifying tests and experiences as required by this society.

P. The term "brand"as used in these regulations, means a word, mark or picture representing a trademark or a term taken from a trademark, which indicates the owner, originator, or labeler of the seed and does not indicate the genetic identity of the seed.

A. Licensing.Any person who sells, offers for sale, or distributes agricultural*seed for planting purposes within the state, or who sells or distributes agricultural seed into the state for planting purposes, shall have in force a valid license for such purpose from the State Plant Board, and such seed shall be labeled in accordance with these regulations. Licenses shall be issued on an annual basis covering the period July 1 through June 30. Applications for securing a license may be obtained from the State Plant Board.

Note:

EXCEPTIONS:

* Agricultural seed shall be considered to include, in addition to the kinds covered in the section on definitions, garden and lima bean, spinach, mustard, turnip and garden pea seed when in containers of 25 lbs. or more.

Failure of a Licensee to observe these regulations, file required reports, or pay fees required shall be grounds for cancellation of the license by the State Plant Board.

B. TonnageFees.All agricultural seed distributed or sold, whether in bulk or in containers, within or into Arkansas for planting purposes shall have a tonnage fee paid on it to the State Plant Board. (See Section 5. Fees.)

The tonnage fee shall be due on the total pounds of first sales distributions by the originating Licensee.

Exceptions:

Subsequent sale by an additional licensee of seed on which the fee has been paid would not be subject to any further tonnage fees.

The tonnage fee may be paid by either the Permit Label System or by the Reporting System:

C. Labeling.A label with the information listed below shall be on or attached to each container of agricultural seed for planting purposes, and if seed is in bulk the label shall accompany each sale, either on the invoice or on a separate sheet or tag, except that, in retail stores where sales are made from small open containers the label of the seed shall be openly displayed on each container instead of being given to the purchaser with each sale.

The label shall contain the following information, clearly legible in the English language, truly and correctly given:

D. Variety / Brand Labeling Requirements. In seed of wheat, soybeans, rice and cotton, the label must contain the commonly accepted name of the kind and variety of each agricultural seed component in excess of five percent of the whole and the percentage by weight of each. Variety identification is not required for wheat seed labeled "for cover crop".

The name of a kind and variety of seed and any descriptive terms pertaining thereto shall be correctly represented in any labeling of the seed. The name of each variety of agricultural or vegetable seed is the name determined in accordance with the following considerations:

Name of variety. The name of each variety of agricultural or vegetable seed is the name determined in accordance with the following considerations:

E. Records and Test Data. Each person whose name appears on the label of seed sold or offered for sale in Arkansas for planting purposes shall have a complete analysis test made by a Registered Seed Technologist or an official State Seed Analyst. Such test record shall be kept for a period of two years and shall be accessible for inspection by the state seed law enforcement officer or his agent during customary business hours.

F. Analysis for Mixtures. If the seed consists of a mixture of two or more kinds of field seeds, the word "mixture" and the percentage of pure seed must be shown in the analysis for each kind that is present in the amount of over 5%. Also, for each kind present in the amount of over 5%, the percentage of germination of each (exclusive of hard seed) and the percentage of hard seed of each, if present, must be shown in the analysis.

G. Limitations on Amount of Weed Seeds. Agricultural seeds must not be sold for planting purposes which contain more than 2% by weight of weed seeds. EXCEPTIONS: Limit 4% for Lespedeza and Grasses.

H. Limitations on Amounts of Noxious Weeds. Agricultural seeds must not be sold for planting purposes which contain more than 300 of any one noxious weed per pound, or a combined total of 500 noxious weeds per pound, with the following exceptions:

I. TreatedSeedMustbeLabeled.If seed has been chemically treated, each bag or container must be labeled bearing a true statement as follows: (The required information shall be in type no smaller than 8 point and may be on the tag bearing the analysis information or on a separate tag, or it may be printed in a conspicuous manner on a side or top of the container.)

Signal Words

DANGER- Category I -- include Poison and Skull & Crossbones ("Poison" in red letters. Skull & Crossbones at least twice the size of the type used for information required on the label), except in the case of pesticides requiring the signal word, DANGER, because of skin and eye local effects.

WARNING- Category II

CAUTION- Category III and IV

J. TreatingPlantsMustbeLicensed.All seed treating plants that treat seed in Arkansas must have a license from the State Plant Board. All licenses expire June 30 of each year and must be renewed. The annual license fee shall be $250.00. All seed treated by such plants must be labeled as it is processed in accordance with Section (I) above. Farmers may treat their own planting seed with their own equipment without a license.

K. SeedLotsMustbeUniform.When one shipment of a lot is found to be mislabeled, other shipments from this same lot may be held under stop-sale until tags are corrected to conform with Plant Board findings, either based on results of the shipment originally found mislabeled, or from tests made on samples taken from each shipment.

L. Special Permit Labels Required for Non-Certified Cotton and Sweet Sorghums When Sold Under a Variety Name. When non-certified cotton or non-certified sweet sorghum seed commonly used for syrup purposes, is sold or offered for sale for planting purposes, under a variety name, each bag or container must carry a special permit label. These special permit labels will be issued after the applicant has given the requested information on an application form, furnished by the Plant Board, covering the lots to be sold under this provision, and if the information is satisfactory and is approved, special permit labels will be issued to cover each individual lot. "Exception: Those companies that have a licensed Plant Breeder, as stipulated in Circular 15, approved and registered with the State Plant Board for cotton and/or sweet sorghum, and who maintains a breeding program, are exempt form the requirements of obtaining and using the special permit labels on those varieties developed and distributed or sold by them in or into Arkansas. In this case the seed would either carry a regular Arkansas permit label or be accounted for under the reporting system."

M. CertifiedRapeseedMustbeTreated.All certified rapeseed being grown and/or sold in Arkansas must be treated with Benomyl, or Iprodione when approved, (or other registered and approved chemicals recognized to be equal to or greater than Benomyl or Iprodione in effective control of virulent Blackleg, Leptosphaeria maculans).

N. Re-labelingTestDate.The following information shall appear on a label for re-labeling seeds in their original containers:

A. There shall be no exceptions for chemically treated seed.

B. These regulations shall not apply:

C. Bermudagrass and Johnsongrass may be sold as agricultural seed for planting purposes in a pure state or in mixtures. Seed containing Bermudagrass or Johnsongrass in amounts of less than 5% may be sold, provided that a warning tag, obtained from the Plant Board, is attached to each bag, and provided that the number of these seeds per pound is shown on the analysis tag.

A. Sampling Seed in Bags:

Size of Sample:

B. If Plant Board is to print analysis on permit labels the sample must be drawn by a Plant Board inspector from cleaned and bagged seed. The Plant Board will only print labels on seed with the variety stated and if not in conflict with other laws (PVP/Patent, etc.).

Note: A Declaration of Variety (Form DV-88) must be submitted before labels can be printed.

C. Amount of Seed to be analyzed in Determining Purity and Noxious Weeds in Seed Control Work: The amount of seed used in making analysis for percentage of purity and percentage of weed seeds must be in accordance with Column 2 of the subjoined table, and amount used in determining noxious weeds must be in accordance with Column 3.

D. The noxious weed statement on the permit label or on the accompanying tag must be in terms of pounds and not in terms of ounces or grams. Only in case there are no noxious weed seeds found in the amounts of seed given in Column 3 can the statement "Noxious Weed Seeds -- None Per Pound" be used.

E. In seed control work, the Federal tolerances shall be applied for noxious weeds, purity, and germination, except (1) in the case of prohibited weeds for which no tolerance shall be allowed and (2) in the case of cocklebur for which a tolerance of one per pound is allowed. The number of noxious weeds in any case shall not exceed the maximum permitted.

A. Explanation of Services:

B. Explanation of Tests:

C. Schedule of Fees:

THE TESTING FEE FOR CROPS NOT LISTED WILL BE THE SAME AS A LISTED CROP WITH SIMILAR COMPLEXITY. CALL THE PLANT BOARD FOR EXACT FEE INFORMATION.

ANALYSIS FOR MIXTURES $8.00 - will be charged for each additional component in a mixture.

TETRAZOLIUM TEST (TZ) $15.00 - This is a chemical test that may give an estimate of the germination potential, usually within 24 hours from the receipt of the sample. THIS IS NOT AN OFFICIAL GERMINATION TEST AND MAY NOT BE USED TO LABEL SEED FOR GERMINATION.

VIGOR TEST $12.00 - Seed vigor comprises those properties which determine the potential for rapid uniform emergence and development of normal seedlings under a wide range of field conditions.

Accelerated Aging (soybeans, wheat): Places seed under stress conditions of high temperature and humidity to estimate longevity of seed in warehouse storage and predict stand establishment.

Cool Test (cotton): Places seed under stress conditions of cool temperatures, simulating early planting conditions.

Complete Seedling Count (garden beans): Normal seedlings are classified as strong or weak based on presence of seedling structures.

VARIETAL TESTS $12.00 - There are several aids which enable the analyst to determine, confirm, or group seed as to variety based on numerous tests.

PLEASE REFER TO THE LATEST ISSUE OF THE ARKANSAS CERTIFIED SEED DIRECTORY FOR CROPS WHICH ARE UNDER CONSIDERATION FOR CERTIFICATION FOR THE EXACT PROCEDURE OF CROP AND GRADE IN QUESTION.

Phenol Test (wheat): This is a chemical varietal test that groups varieties of wheat into several color reaction categories based on the genetic makeup of the variety.

Fluorescence Test (oats): When placed under an ultraviolet light, varieties of oats will either be fluorescent or non-fluorescent, based on the genetic makeup of the variety.

Hypocotyl Test (soybeans): Soybean seedlings will exhibit the pigmentation of the flower color of the variety when planted under strong lighting conditions. The hypocotyl (stem) area of the seedling will remain green (white flower) or will turn purple (purple flower) within a few days of emergence.

SAMPLING FEE $15.00 - A fee is charged for samples drawn by the Plant Board on non-certified seed. No fee is charged for samples under consideration for Certification, provided a representative sample is drawn.

HANDLING FEE $3.00 - A fee is charged for samples that are picked up by the Plant Board on non-certified seed. No fee is charged for samples under consideration for Certification.

PRIORITY SAMPLES $25.00 - A service provided to the seedsman/farmer which allows samples to be tested ahead of other samples in the lab. This fee is an addition to the fee for the test(s) requested.

PURITY FIRST $1.00 - Upon request, a preliminary purity report will be given upon completion of the test.

ADDITIONAL ANALYSIS REPORTS $1.00 - For each additional requested copy of the analysis report.

SERVICES NOT OTHERWISE MENTIONED Based upon need and ability, the Plant Board may elect to provide services for which fees have not been set. Fees charged will be based on recovering the reasonable and customary cost of services rendered.

D. Disposition of Seed Found Mislabeled: Any seed held under a stop-sale notice shall not be removed from the premises or disposed of in any manner, until a written release has been given by the State Plant Board or an authorized agent thereof. The seedsman responsible for an intrastate shipment that is found to be mislabeled must submit an explanation including a complete record of the lot in question to the Plant Board. If the record is not deemed satisfactory then the seedsman shall be given a hearing by the Plant Board.

Any seed found to be seriously misrepresented or in serious violation of these regulations may be seized by the Plant Board as authorized by Section 2-16-209, Arkansas Stats. 1947. In lieu of destroying the seed as provided for in this section of the law, it may be given to some state or charitable institution.

Violations of the Federal Seed Act, that are to be referred to the United States Department of Agriculture, will be approved by the Director and reviewed by the seed Committee of the Plant Board.

A. Sell, offer, expose, distribute or transport agricultural seed not labeled in accordance with the provisions of the above rules and regulations, or having a false or misleading labeling;

B. Sell agricultural seed containing prohibited noxious weeds;

C. Sell agricultural seed containing more than 300 of any one noxious weed per pound, or a combined total of 500 noxious weeds per pound, including exceptions shown in Section 2, Sub-Section (G), and Section 3 (Sub-Section (B);

D. Sell agricultural seed containing more than 2% by weight of all weed seeds: Exception - 4% in lespedezas and grasses;

E. Detach, alter, deface, or destroy any label required in these rules and regulations or alter or substitute seed in a manner that may defeat the purpose of these regulations;

F. Disseminate any false or misleading advertisement concerning agricultural seed in any manner or by any means;

G. Hinder or obstruct in any way any authorized agent of the State Plant Board in the performance of his duties;

H. Fail to comply with a "stop-sale"notice by the State Plant Board, or any authorized agent thereof, on agricultural seed sold, offered for sale, or exposed for sale; or to move or otherwise handle or dispose of any lot of seed held under a "stop-sale" notice except with the written permission of the State Plant Board, or an authorized agent thereof, and for the purpose specified thereby;

I. Fail to keep for a period of at least two years, after disposing of the lot, complete records of each lot of seed or make available for inspection such records to the State Plant Board or any authorized agent thereof;

J. Sell, offer, or expose for sale any seed labeled "CertifiedSeed," "Registered Seed," or "Foundation Seed," unless it has been produced and labeled in compliance with the rules and regulations of an officially recognized seed-certifying agency or association;

K. Represent agricultural seeds which are indistinguishable by seed characteristics to be of a recognized variety, without having adequate information for such variety representation, such as that they were grown from certified seed on land free of volunteer plants that might effect the purity of the seed under consideration, and if a cross-pollinated crop, isolated so as to prevent cross-

pollination, and handled in harvesting, storing and processing so that the varietal purity and quality of the seed is maintained;

L. Use any qualifying, descriptive terms or the word typein connection with labeling recognized variety names of agricultural seeds;

M. Upon request of the Plant Board, any producer of hybrid corn or hybrid sorghum who wishes to offer his hybrid for sale in the state may be required to give the Plant Board a complete description of the characteristics, including the parental lines of each hybrid and a two-pound representative sample of each.