Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 20 - Seed Labeling And Sale
Section ATCP 20.04 - Seed labeling; general

Universal Citation: WI Admin Code ยง ATCP 20.04

Current through August 26, 2024

(1) LABEL CONTENTS; GENERAL. Except as provided in subs. (3) to (5), every container or lot of agricultural seed that is sold, offered for sale, or exposed or distributed for sale in this state shall be labeled with all of the following:

(a) The name and address of the seed labeler.

(b) A net quantity declaration that complies with ss. 98.07 and 98.08, Stats. If the seed is sold in packaged form, the net quantity declaration shall comply with s. ATCP 90.08(12).

Note: The net quantity declaration under par. (b) is normally expressed as the total net weight of the labeled container or lot.

(c) A lot code identifying the labeled lot or, in the case of a labeled container, the source lot from which the container originates.

(d) The area of origin of the seed if the area of origin is known or if the seed is represented as native species seed. If the seed is a mixture of kinds or varieties from different areas of origin, the label shall identify the area of origin for each kind or variety declared under par. (e). The area of origin, if located in this state, may be identified by a geographic description or by a the name of a political subdivision such as a county. If the seed originates from another state or country, the label shall identify that state or country.

(e) All of the following information related to the composition of the agricultural seed:
1. The name and pure seed percentage of each kind of agricultural seed that constitutes more than 5 percent by weight of the net contents of the container or lot. Kinds and corresponding pure seed percentages shall be listed in order of predominance based on pure seed percentage.

2. The name and pure seed percentage of each variety of agricultural seed that is declared on the seed label. If the label declares any variety of a kind, it shall declare every variety of that kind that has a pure seed percentage of more than 5 percent. Varieties protected by a certificate of protection under the federal plant variety protection act shall be declared. Declared varieties and corresponding pure seed percentages shall be listed in order of predominance under the kinds to which they pertain. If a container or lot includes 2 or more undeclared varieties of any kind, each of which has an undisclosed pure seed percentage of more than 5 percent, the label shall identify the seed of that kind as a mixture, blend or assortment and shall include the conspicuous statement "Variety Not Stated."

(f) The combined total amount of all weed seeds in the container or lot, expressed as a percentage by weight of the total net contents of the container or lot. If any of the weed seeds are noxious weed seeds, the label shall also identify each component kind of noxious weed seed and its percentage by weight of the container or lot contents.

(g) The combined total amount, in the container or lot, of all agricultural seeds of kinds not declared under par. (e) 1. This amount shall be expressed as a percentage by weight of the total net contents of the container or lot. The label need not identify these seeds by kind, but may describe them collectively as "other crop seeds" to distinguish them from kinds declared under par. (e) 1.

(h) The combined total amount of all inert matter in the container or lot, expressed as a percentage by weight of the total net contents of the container or lot.

(i) The summation of the component percentages declared under pars. (e) 1., (f), (g), and (h), which shall yield a total of 100 percent.

(j) The germination information described in s. ATCP 20.06(1), and the month and year in which the germination analysis used to determine that information was completed.

(k) Applicable information required under s. ATCP 20.08 if any of the seed is treated, inoculated or coated seed, or if the seed is part of a combination seed and non-seed product.

(l) Applicable information required under s. ATCP 20.10 if the label identifies any of the seed as hybrid seed.

(m) Other label information required by this chapter.

(2) FORM OF LABELING. The label information required under this section shall be attached to each container of agricultural seed, except that:

(a) The information may be provided in an invoice or other labeling document that accompanies a wholesale lot or unpackaged bulk lot of agricultural seed identified in the invoice or labeling document. If a wholesale lot includes more than one unlabeled container of agricultural seed, the wholesale lot code shall be marked on each container and the seed in each container shall conform to the labeling that accompanies the wholesale lot.

(b) If the agricultural seed is weighed and sold at retail from an open display container in the presence of the retail purchaser:
1. Label information required under this section may be disclosed on a label that is attached to the display container, provided that copies of that label are also available for purchasers to take.

2. If the seed labeler is the retail seller, the seed labeler's name and address may be disclosed on a scale ticket, sales slip or invoice provided to the retail purchaser.

3. The net content declaration under sub. (1) (b) may be disclosed on a scale ticket, sales slip or invoice provided to the retail purchaser.

(3) VEGETABLE SEED IN SMALL QUANTITIES FOR HOME USE.

(a) If vegetable seed that complies with s. ATCP 20.06(3) is packaged for home use in a container with net contents of less than one pound, or in a pre-planted container, mat, tape or other planting device with net contents of less than one pound, the container or device may be labeled with one of the following in lieu of all the information required under s. ATCP 20.04(1) (f) to (j):
1. The month and year in which a germination analysis under s. ATCP 20.02 was completed on the source lot identified under sub. (1) (c).

2. The statement "Sell by [seed labeler inserts date]." The stated date may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c).

3. A statement indicating the calendar year in which the seed is to be used. The beginning of the year may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c).

(b) If the vegetable seed is packaged in a pre-planted container, or in a mat, tape or other planting device, the guaranteed minimum quantity of pure vegetable seed included in that container or planting device if that quantity cannot be readily ascertained by a prospective buyer.

(4) FLOWER SEED IN SMALL QUANTITIES FOR HOME USE. If flower seed that complies with s. ATCP 20.06(4) is packaged for home use in a container with net contents of less than one pound, or in a pre-planted container, mat, tape or other planting device with net contents of less than one pound, the container or device may be labeled with all of the following information in lieu of all the information required under s. ATCP 20.04(1) (e) to (j):

(a) Applicable information under s. ATCP 20.12 describing the composition of the flower seed.

(b) One of the following:
1. The month and year in which a germination analysis under s. ATCP 20.02 was completed on the source lot identified under sub. (1) (c).

2. The statement "Sell by [seed labeler inserts date]." The stated date may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c).

3. A statement indicating the calendar year in which the seed is to be used. The beginning of the year may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c).

(c) If the flower seed is packaged in a pre-planted container, or in a mat, tape or other planting device, the guaranteed minimum quantity of pure flower seed included in that container or planting device if that quantity cannot be readily ascertained by a prospective buyer.

(5) NATIVE SPECIES SEED.

(a) Seed may not be represented as native species seed unless it is derived from indigenous herbaceous species.

Note: See definitions of "indigenous" and "native species seed" in s. ATCP 20.01(15) and (23).

(b) A container or lot of native species seed shall be labeled with the scientific species or subspecies name corresponding to each kind or variety of native species seed declared under sub. (1) (e).

(c) A native species seed label may, for each declared kind and each declared variety of native species seed, state the pure live seed percentage in lieu of the germination information under s. ATCP 20.06(1).

(d) Native species seed germination analysis shall be performed by means of a procedure prescribed under s. ATCP 20.02 or by means of tetrazolium analysis. If tetrazolium analysis is used, germination information on the seed label shall be accompanied by the word "Untested."

(e) If native species seed is packaged for home use in a container with net contents of less than one pound, or in a pre-planted container, mat, tape or other planting device with net contents of less than one pound, the container or device may be labeled with one of the following in lieu of all the information required under s. ATCP 20.04(1) (f) to (j):
1. The month and year in which a germination analysis under par. (c) was completed on the source lot identified under sub. (1) (c).

2. The statement "Sell by [seed labeler inserts date]." The stated date may be no more than 12 months after the end of the month in which a germination analysis under par. (c) was completed on the source lot identified under sub. (1) (c).

3. A statement indicating the calendar year in which the seed is to be used. The beginning of the year may be no more than 12 months after the end of the month in which a germination analysis under par. (c) was completed on the source lot identified under sub. (1) (c).

(f) If the native species seed is packaged in a pre-planted container, or in a mat, tape or other planting device, the guaranteed minimum quantity of pure native species seed included in that container or planting device if that quantity cannot be readily ascertained by a prospective buyer.

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