Current through Bulletin 2024-06, March 15, 2024
(1)
Prepackaged containers shall be labeled in accordance with requirements
applying to the specific kinds of seed in a prepackaged container as provided
by Section 4-16-201.
(2) Seed weighed from bulk containers,
including jars, cans, and bins, in the presence of the customer and sold in
quantities of more than one pound shall be exempt from the full labeling
provisions provided that the container from which the seed is taken is fully
and properly labeled in accordance with this rule.
(3) Labels on the seed containers shall be
attached and kept in a conspicuous place.
(4) The name and address of the supplier or
vendor shall be plainly printed on lots of seed sold from bulk containers,
along with the required labeling and name of the substance used in
treatment.
(5) If the seed was
treated, the appropriate treatment labeling shall be on the master container
from which the seed is weighed and on each receiving container.
(6) The vendor shall mark any additional
labeling information required by the law on any receiving container when
requested by the purchaser.
(7) The
local merchant or distributor of seed may adopt and use the analysis furnished
by the original seller to remain attached to the proper container of the seed
for a period not to exceed:
(a) 12 calendar
months for vegetable, flower, tree, and shrub seeds;
(b) 18 calendar months for agricultural
seeds; or
(c) 36 calendar months
for hermetically sealed seeds.
(8) After the stated time determined by the
seed, a local dealer or distributor shall:
(a)
retest or have retested any remaining seed in their possession;
(b) remove the original analysis label and
attach a new analysis label; or
(c)
place an appropriately printed, permanently adhering sticker on the original
label bearing:
(i) the original lot
number;
(ii) percent of
germination;
(iii) date of the test;
and
(iv) the identity of the
labeling person, if different from the original
labeler.
(9)
Any vegetable or flower seeds in packets or containers of one pound or less,
including pre-planted containers, that are offered, exposed for sale, or
distributed shall meet the labeling requirements listed in Section
4-16-201. Seed packets shall not be
made available for retail sale before November 1, before the labeled "packed
for" year.
(10) The 1998 version of
The Federal Seed Act is incorporated by reference. Any labeling, advertising,
or other representation subject to the Federal Seed Act representing the seed
to be certified seed or any class is unlawful unless:
(a) a seed certifying agency determines that
the seed conformed to standards of purity and identifies as to kind, species,
and subspecies, if appropriate, or variety and that tree and shrub seed was
found to be of the origin and elevation claimed, in compliance with the rules
of the certified agency about the seed; and
(b) the seed bears an official label issued
for the seed by a seed certifying agency certifying that the seed is of a
specified class and a specified kind, species, and subspecies if appropriate or
variety.
(11) The label
and educational requirements for noncommercial seed sharing include:
(a) each container of agricultural,
vegetable, and flower seeds distributed for sowing purposes in a non-commercial
setting shall bear or have attached, in a conspicuous place, a written or
printed label or tag in English conveying the following information:
(i) name of the species or commonly accepted
name of the kind or kind and variety of each seed component present with
hybrids labeled as hybrids;
(ii) a
word or statement indicating if the seed has been treated and, if treated, it
shall be labeled by applicable state and federal laws;
(iii) identification that provides
traceability although retention of posterity file samples are not
required;
(iv) name and city or
address of the non-commercial seed sharing entity; and
(v) calendar month and year the seed was
donated;
(b) seed shall
be free of foreign material other than coatings or treatments, including
germination medium, mulch, fertilizer, pre-planted containers, mats, tapes, or
other planting devices;
(c) no
distributed container shall hold more than eight ounces of agricultural seed or
four ounces of vegetable or flower seed;
(d) germination and purity analysis are not
required, however, if a germination or purity percentage is noted on the label,
whether the analysis was performed according to the Association of Official
Seed Analyst (AOSA) rules for testing seed shall be included;
(e) location involved with non-commercial
seed sharing: and
(f) a legible and
visible sign stating that the seeds being distributed may not meet germination
or varietal purity standards listed in this rule and noting that patented seeds
or varieties protected by the Plant Variety Protection Act,
7 USC Section
2321-2582, will not be accepted or
distributed without the permission of the certificate
holder.
(12) Human food
grade seed repurposed for sowing purposes shall be labeled for its intended use
by the packager and meet labeling requirements as outlined in Section
4-16-201.
