Current through Bulletin 2024-06, March 15, 2024
(1) Any agricultural, vegetable, flower,
tree, shrub seed, or a mixture of seeds that have been treated, shall be
labeled:
(a) in type no smaller than eight
point font to indicate that the seed has been treated; and
(b) to show the name of any substance or a
description of any process, other than the application of a substance, used to
treat the seed.
(2) The
label shall contain the required information in any form that is clearly
legible and complies with Section
4-16-201 and 7 CFR Part 201 ,
Labeling in General. The information may be on the seed analysis tag, on a
separate tag, or printed on each container in a conspicuous manner. The label
shall contain:
(a) the names of the
substances, as follows:
(i) the required name
of the substance used in the treatment shall be the commonly accepted coined,
chemical (generic), or abbreviated chemical name; and
(ii) commonly accepted coined names are not
private trademarks and are available for use by the public and are commonly
recognized as names of substances; and
(b) treatment coloring includes any toxic
substance used in seed treatment and it shall be distinctly colored to be
readily discernible.
(3)
Labeling of treated seed shall contain the following;
(a) the name of the treatment substance used
labeled according to this rule, and bearing appropriate signal words and
warning statements required according to the relative toxicity of the chemicals
applied; and
(b) the statement,
"Keep out of Reach of Children."
(4) Seed treated with a chemical substance
designated by the Environmental Protection Agency or the Commissioner as a
highly toxic substance shall be labeled as follows:
(a) to conspicuously show the words, "TREATED
SEED," together with the name of the substance, "THIS SEED TREATED WITH (name
of substance)," or "(name of substance) TREATED";
(b) in red letters with the signal words,
"DANGER-POISON," and a representation of a skull and crossbones, at least twice
the size of the type used for the name of the substance;
(c) with additional precautionary statements
in red letters stating hazards to humans and other vertebrate animals, special
steps, or procedures to avoid poisoning, and wording to inform physicians of
proper treatment for poisoning;
(d)
any bags, sacks, or other containers of seed that have been or are being used
to contain seeds treated with "highly toxic" substances, shall be identified
with the words "DANGER-POISON," and a representation of skull and
crossbones;
(e) the printing shall
be directly printed or impregnated on or into the containers, or applied by
other means approved by the department, as to be permanent; and
(f) any container in which seed treated with
highly toxic substances has been contained, except for future similar use for
seed, may not again be used to contain any food, feed, or agricultural
products, without written approval from the department.
(5) Seed treated with a chemical substance
designated as moderately toxic, shall be labeled as follows:
(a) with the words, "TREATED SEED," together
with the name of the substance, "THIS SEED TREATED WITH (name of substance)" or
"(name of substance) TREATED":
(b)
with the signal word, "WARNING"; and
(c) with additional precautionary statements
describing hazards to humans and other vertebrate animals, and special handling
procedures to avoid poisoning shall appear in the labeling.
(6) Seed treated with a chemical designated
as a low toxicity, or comparatively free from danger shall be labeled as
follows:
(a) with the words, "TREATED SEED"
and the name of the substance, "THIS SEED IS TREATED (name of substance)" or
"(name of substance) TREATED";
(b)
with the signal word, "CAUTION"; and
(c) with additional precautionary statements
describing hazards to humans and other vertebrate animals, and special handling
procedures to avoid poisoning shall also appear in the
labeling.
(7) If a
harmful substance is used in seed treatment, and the amount remaining with the
seed is toxic to humans or other vertebrate animals, the seed shall be labeled
with an appropriate caution statement, such as:
(a) "do not use for food";
(b) "do not use for feed";
(c) "do not use for oil purposes";
or
(d) "do not use for food, feed,
or oil purposes".
(8) Any
words or terms used on the label that tend to reduce the effectiveness of the
warning statements required by Section 4-16-201 and Rule 68-8 are construed to
be misleading.
(9) In the case of
seed in bulk, the information required on the labels of packaged seeds shall
appear on the invoice or other records accompanying and pertaining to the
seeds.
(10) This rule shall apply
to seed treated by custom applicators, or in a custom manner, even though the
transfer of ownership is not intended on the seed.
(11) The kinds of chemicals declared highly
toxic, moderately toxic, or low toxicity and their approved uses on seed shall
be in conformity with applicable federal laws and regulations. If at any time
the federal government prohibits the use of substances on seed or makes other
changes affecting seed, then this rule will be modified to the extent necessary
to conform to federal laws and regulations.
(12) Seed claimed to be inoculated shall be
labeled to show the month and year beyond which the inoculant on the seed is no
longer claimed to be effective.
