New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter III - Plant Industry
Subchapter A - Inspection and Sale of Seeds (Article 9, Agriculture and Markets Law)
Part 95 - Inspection and Sale of Seeds
Section 95.7 - Warning on treated seed
Current through Register Vol. 46, No. 39, September 25, 2024
The following provisions shall apply to the labeling of treated seed to provide "a warning adequate to protect the public" as required in section 137 of the Agriculture and Markets Law:
(a) Seed treated with a mercurial or similarly toxic substance, if any amount remains with the seed, shall be labeled to show a representation of a skull and crossbones at least twice the size of the type used for other information pertaining to treatment on the label, and shall also include in red letters on a background of distinctly contrasting color a statement worded substantially as follows: "This seed has been treated with Poison", "Treated with Poison", "Poison treated", or "Poison". The word "Poison" shall appear in type no less than 8 point.
Examples of mercurials and similarly toxic substances are the following:
Aldrin, technical
Demeton
Dieldrin
Endrin
Heptachlor
o, o-diethyl S- (ethylthiomethyl) phosphorodithiolate
o, o-diethyl S-2- (ethylthio) ethyl phosphorodithiolate
Phenyl amino cadmium dilactate
Mercurials (all types):
Ethyl mercury acetate
N-ethylmercuri-1, 2, 3, 6-tetrahydro-3, 6,-endomethano-3, 4, 5, 6, 7, 7- hexachlorophthalimide
Ethyl mercury chloride
Ethyl mercury 2, 3-dihydroxy propyl mercaptide
Ethyl mercury perthiocyanate
Ethyl mercury p-toluene sulfonanilide
Ethyl propyl mercury bromide
Hydroxymercuric cresol
Hydroxy mercurichlorophenol
Hydroxy mercurinitrophenol
Mercuric chloride; corrosive sublimate
Mercurous chloride; calomel
Mercuric oxide
Methyl mercury dicyan diamide
Methyl mercury hydroxide
Methyl mercury nitril
2-methoxy ethyl mercury acetate
Mercury-zinc-chromate
Phenyl mercury acetate
Phenyl mercury ammonium acetate
Phenyl mercury chloride
Phenyl mercury ethylene diamine acetate
Phenyl mercury formamide
Phenyl mercury salicylate
Phenyl mercury urea
Sodium ethyl mercury salicylate
(b) If a substance other than one which would be classified as a mercurial or similarly toxic substance is used in the treatment of seed, and the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall be labeled with an appropriate caution statement in type no smaller than 8-point worded substantially as follows: "Do not use for food", "Do not use for feed", "Do not use for oil purposes", or "Do not use for food, feed, or oil purposes".
Any amount of any substance which is not a mercurial or similarly toxic substance, used in the treatment of seed, which remains with the seed is considered harmful within the meaning of this section when the seed is in containers of more than four ounces, except that the following substances shall not be deemed harmful when present at a rate less than the number of parts per million indicated:
Allethrin--2 p.p.m.
Malathion--8 p.p.m.
Methoxyclor--2 p.p.m.
Piperonyl butoxide--8 p.p.m.
Pyrethrine--1 p.p.m.
