(1)
Seed
Germination Standards.
(a) The
germination standards for vegetable seeds are identified in a publication
available from the Department and entitled, Massachusetts Germination
Standards for Vegetable Seeds.
(b) The germination standards for flower
seeds are identified in a publication available from the Department and
entitled, Massachusetts Germination Standards for Flower
Seeds.
(2)
Noxious Weed Seeds. In addition to those seeds
provided in M.G.L. c. 128, § 84, the following seeds shall be considered
"Noxious-Weed Seeds": Black medick or yellow trefoil, Medicago Iupulina
and sucking clover, Trifolium dubium, large hop
clover, and Trifolium campestre.
(3)
Agricultural
Seed. No Person shall sell agricultural seed, including a mixture,
containing more than 15% inert matter unless the seed is coated with special
materials or has been preplanted in a container, mat, tape or other similar
planting device.
(4)
Hermetically-sealed Seed. Agricultural or vegetable
seed packaged in hermetically-sealed containers may be sold, exposed for sale
or offered for sale for a period of 36 months after the last day of the month
that the seeds were tested for germination prior to packaging. Agricultural or
vegetables seed in hermetically-sealed containers may be sold, exposed for
sale, or offered for sale at the expiration of a 36 month period only if the
seed is retested within nine months, exclusive of the calendar month in which
the retest was completed, immediately prior to being sold, exposed for sale or
offered for sale.
(5)
Seed Potatoes. The Department adopts the United States
Standards for Grades of Seed Potatoes established by the United States
Department of Agriculture at 7 CFR 51.3000et seq., as the
Massachusetts Standards for the Grades of Seed Potatoes.
(6)
Labeling of
Seed.
(a)
Vegetable
Seeds. For the purposes of M.G.L. c. 128, § 87, "kinds" of
vegetable seeds are those listed in regulations established by the United
States Department of Agriculture at
7CFR
201.2(i).
(b)
Flower Seeds.
The requirement in M.G.L. c. 128, § 88 that flower seeds be labeled to
show "the name of the kind and variety if known or a statement of type and
performance characteristics," shall be met in one of the following ways:
1. For seeds of plants grown primarily for
their blooms:
a. If the seeds are the single
name variety, the kind and variety names shall be stated.
b. If the seeds are of a single type and
color for which there is no specific variety name, the type of plant (if
significant) and the type of color of bloom shall be indicated.
c. If the seeds consist of an assortment or
mixture of colors or varieties of a single kind, the kind name, the type of
plant (if significant) and the types of bloom shall be indicated. In addition,
it shall be clearly indicated that the seeds is mixed or assorted.
d. If the seeds consist of an assortment or
mixture of kinds, it shall be clearly indicated that the seeds are assorted or
mixed and the specific use of the assortment or mixture shall be indicated;
or
2. For seeds of
plants grown for ornamental purposes other than their blooms, the kind and
variety shall be stated or the kind shall be stated together with a descriptive
statement concerning the ornamental part of plant.
(c)
Agricultural
Seed. For the purposes of M.G.L. c. 128, § 86, kinds of
agricultural seeds are those listed in regulations established by the United
States Department of Agriculture at
7
CFR 201.2(h), and the
varieties of agricultural seeds listed in 7 CFR § 201.10 will be
considered to have commonly accepted variety or cultivar names.
(d)
Restricted Noxious
Weeds. If any restricted noxious weeds are in a lot of seed, the
name and number per pound must appear under the heading "Restricted Noxious
Weeds" or "Noxious Weed Seeds".
(e)
White Sweet Clover Seed. No Person shall label sweet
clover seed containing more than 5% yellow sweet clover seed (more than 1.25%
mottle seeds) as white sweet clover. Such seed shall be labeled as sweet clover
or as a mixture.
(f)
Agricultural Seeds for Lawn or Turf Purposes.
1. No Person shall label a container of
agricultural seeds as for lawn or turf purposes if less than 5% of the total
weight consists of any one or combination of the following grasses or any
variety of these grasses: colonial bentgrass, creeping bentgrass, velvet
bentgrass, Kentucky bluegrass, chewing fescues, hard fescue, red fescue, sheep
fescue, tall fescue, annual ryegrass and perennial ryegrass.
2. The following agricultural seeds shall be
designated as Undesirable Crop Seed on the label of lawn or turf mixture if
present in an amount less than 5% and when not listed as a component of the
lawn or turf mixture: colonial bentgrass, creeping bentgrass, velvet bentgrass,
Bermuda grass, rough bluegrass, meadow fescue, tall fescue, orchard grass,
Redtop, and timothy. The label will also state the percentage by weight of the
Undesirable Crop Seed. 330 CMR 6.03(6)(f)2. shall not apply to mixtures labeled
as pasture, forage or hay mixtures.
(g)
Tree and Shrub
Seeds. In addition to the labeling requirements established in
M.G.L. c. 128, § 89, all tree and shrub seed packaged in containers of one
quarter pound or more may include on the label the range of elevation at which
seed is grown, and if the elevation is unknown, then that fact shall be
stated.
(h)
Treated
Seed. Treated seed shall be labeled in accordance with the
provisions of regulations established by the United States Department of
Agriculture at
7
CFR 201.31(a).
(i)
Labeling Requirements for
Seed in Preplanted Containers and Other Similar Devices. All seed
preplanted in containers, mats, tapes or other planting devices shall be
considered "seed" or "seeds" for purposes of M.G.L. c. 128, §§ 84
through 100 and
330 CMR 6.02. In
addition, if the quantity of preplanted seed can not be determined visually,
the label shall state the minimum number of seeds per container or per square
foot.
(j)
Labeling of
Seed Distributed to Wholesalers. After seed has been processed, it
must be labeled before distribution to any person including a wholesaler. Each
bag or bulk lot must be completely labeled when supplied to a retailer or
consumer. Labeling of seed supplied to a wholesaler, one whose predominant
business is to supply seed to other distributors rather than to consumers of
seed, may be by invoice if each bag or container is clearly identified by a lot
number stenciled on the container or if the seed is in bulk. Each bag or
container that is not so identified must bear complete labeling.
(k)
Seeds for Sprouting for Salad
or Culinary Purposes. The following information shall be on all
labels of seed sold for sprouting for salad or culinary purposes:
1. Commonly accepted name of kind(s) of
seeds;
2. Lot number;
3. Percentage by weight of each pure seed
component in excess of 5% of the whole, other crop seeds, inert matter and weed
seeds if occurring;
4. Percentage
of germination of each pure seed component; and
5. The calendar month and year the test was
completed to determine such percentage.
(l)
Relabeling. The
following information shall appear on a label when relabeling seed in their
containers:
1. The calendar month and year
the test was completed to determine same percentage;
2. The same lot designation as the original
labels; and
3. The identity of the
labeling Person if different from the original labeler.
(m)
Combination Mulch, Seed, and
Fertilizer Products. The word "combination" followed by the words
"Mulch-seeds-fertilizer," as applicable, must appear on the upper 30% of the
principal display panel. The word "combination" must be the largest and the
most conspicuous type on the container, equal to or larger than the product
name. The words "Mulch-seed-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% Mulch.