Current through Rules and Regulations filed through March 20, 2024
(1)
Requirements for Labeling Tags and
Records.
(a) Abbreviations in labeling
are not permitted.
(b) All
information required on the analysis tag shall be placed on one side of the
label and no other information shall be placed on the tag with the
analysis.
(c) All information
required on the analysis tag shall be truthful and not misleading or
illegible.
(d) A complete analysis
shall be given on labeling tags and the purity component percentages must total
one hundred (100) percent. Blank spaces or incomplete analyses are not
permitted. Either numerals or the word "none" shall be used to express a
percentage or number per pound.
(e)
All invoices and records pertaining to the shipment or sale of seed shall show
each lot number.
(2)
Descriptive Information.
(a)
Descriptive information that may be misleading when associated with the variety
and kind names on the label shall be separated from the latter by placing in
parentheses. Terms descriptive as to color, shape, size, habit of growth,
disease-resistance, or other characteristics of the kind or variety may be
associated with the name of the kind or variety provided it is done in a manner
which clearly indicates the descriptive term is not a part of the name of the
kind or variety; for example, Oshkosh pepper (yellow), Copenhagen Market (round
head) cabbage, and Kentucky Wonder (pole) garden bean.
(b) Terms descriptive of the manner or method
of production or processing the seed (for example, certified, registered,
delinted, scarified, treated, and hulled), may be associated with the name of
the kind or variety of seed, providing such terms are not misleading.
(c) The place of origin shall not be used in
connection with the variety or kind names, unless it is a part of the generally
recognized name of variety or kind.
(3)
Hybrid Seed. Seed shall not
be designated in labeling as "hybrid" seed unless it comes within the
definition of "hybrid" in Code section
2-11-21.
(4)
Brand Names.
(a) Brand names and terms taken from
trademarks may be associated with the name of the kind or variety of seed as an
indication of source: Provided, that the terms are clearly
identified as being other than a part of the name of the kind or variety; for
example, Ox Brand Golden Cross sweet corn.
(b) Seed shall not be advertised under a
trademark or brand name in any manner that may create the impression that the
trademark or brand name is a variety name.
(c) If seed advertised under a trademark or
brand name is a mixture of varieties and if the variety names are not stated in
the advertising, a description similar to a varietal description or a
comparison with a named variety shall not be used if it creates the impression
that the seed is of a single variety.
(5)
Origin.
(a) 'Origin' or 'where grown' shall be shown
on the label for agricultural seed. Whenever such seed originates in more than
one state, the name of each state shall be shown on the label.
(b) In the case of an agricultural seed
mixture, a single origin may be shown on the label if it applies to all pure
seed components in the mixture, but if the pure seed components of the mixture
originate from different states, origin shall be stated separately for each
such component.
(6)
Lawn and Turf Seed Mixtures.
(a)
Pursuant to Code section
2-11-22, seed mixtures intended for
lawn and turf purposes shall be designated as 'mixed' or 'mixture' on the
label.
(b) Seed mixture components
as illustrated in Rule section
40-12-5-.01(b) must be labeled in
columnar form and in order of predominance to show the commonly accepted name
of kind, variety, origin and percentage by weight of each in excess of 5
percent of the whole.
(7)
Open Containers of Seed.
(a) Open containers of agricultural seed or
of more than one pound of vegetable seed shall be deemed to have met labeling
requirements if the seed is weighed from a properly labeled container in the
presence of the purchaser.
(b) If
the seed is treated with a pesticide, an appropriate treatment label pursuant
to Code section
2-11-22shall be displayed on the
open container and a copy of the treatment labeling shall be provided with all
seed sold from that container.
(8)
Colorant Dyeing of Treated
Seed. All seed bearing a seed treatment in excess of a recognized
tolerance or for which no tolerance or exemption from tolerance is recognized
by the Federal Food, Drug and Cosmetic Act shall be denatured by a suitable
colorant dye to impart an unnatural color to the seed to prevent their
subsequent use as food for man or animal.
(9)
Use of Disclaimers. A
disclaimer, nonwarranty, or limited warranty used in any invoice or other
labeling, or advertisement shall not directly or indirectly deny or modify any
information required by the Georgia Seed Law, Rules and Regulations.
(10)
Mixed Cowpeas. Cowpeas
(a.k.a. southernpeas) consisting of mixed varieties may be sold by labeling
them as "mixed cowpeas" or "mixed southernpeas." The percentage of pure seed
shall represent all cowpeas and a germination test shall be based on a uniform
sample of all varieties in the seed lot. Cowpeas shall be labeled "mixed" when
they contain more than one other variety or a combination of other varieties in
excess of five (5) percent by weight.
(11)
Soybean Lots Containing
Cowpeas. Soybean seed lots containing cowpeas or southernpeas are
prohibited from being sold, offered for sale, exposed for sale or transported
within this state.
(12)
Labeling Hard Seed or Dormant Seed. Pursuant to Code section
2-11-22, when hard seed or dormant
seed occurs in a seed lot, the label shall show the percentage of such in
addition to the percent germination. Following this information, the 'total
germination and hard seed' or 'total germination and dormant seed' may be
stated as such, if desired.
(13)
Relabeling Expired Tags. Relabeling expired tags by obtaining a
new germination test and subsequently updating or replacing the old tag is the
responsibility of the dealer on whose premises the seed are located. The
following information shall appear on a label for relabeling seeds in their
original containers:
(a) The calendar month
and year the germination test was completed to determine such
percentage.
(b) For those seed
kinds requiring percent germination to be shown, the percent germination plus
hard or dormant seed, as reported for the new germination test.
(c) The same lot designation as on the
original labels.
(d) The identity
of the labeling person if different from the original labeler.
Ga. L. 1956, p. 217;
O.C.G.A. Sec.
2-11-28.
