80-5-102. Labeling of agricultural seeds. Any person offering for sale a package, parcel, or lot of agricultural seeds, as defined in 80-5-120, that contains 1 pound or more of agricultural seeds, whether in package or in bulk, must have affixed to it a label specifying:
(1) a lot number or other distinguishing mark;
(2) kind. The name of each kind of seed present in excess of 5% shall be shown on the label and need not be accompanied by the word "kind". When two or more kinds of seed are named on the label, the name of each kind shall be accompanied by the percentage of each. When only one kind of seed is present in excess of 5% and no variety name or type designation is shown, the percentage of that kind may be shown as "pure seed" and such percentage shall apply to seed of the kind named.
(3) variety, as follows:
(a) the following kinds of agricultural seeds shall be labeled to show the variety name or the words "variety not stated":
alfalfa oat
barley pea, field
bean, field rye
beet, field safflower
brome, smooth sorghum
clover, crimson sorghum-sudan hybrid
clover, red soybean
clover, white sudan grass
corn, field sunflower
corn, pop trefoil, birdsfoot
fescue, tall wheat, club
flax wheat, common
millet, foxtail wheat, durum
(b) if the name of the variety is given, the name may be associated with the name of the kind with or without the words "kind and variety". The percentage in this case may be shown as "pure seed" and shall apply only to seed of the variety named. If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term "hybrid" shall be clearly associated with the respective percentages. When two or more varieties are present in excess of 5% and are named on the label, the name of each variety shall be accompanied by the percentage of each.
(4) that the seed is hybrid, if any one kind or kind and variety of seed present in excess of 5% is "hybrid" seed. The percentage that is hybrid shall be at least 95% of the percentage of pure seed shown unless the percentage of pure seed which is hybrid seed is shown separately. If two or more kinds or varieties are present in excess of 5% and are named on the label, each that is hybrid shall be designated as "hybrid" on the label. No one kind or variety of seed may be labeled as "hybrid" if the pure seed contains less than 75% hybrid seed. Any one kind or kind and variety that has pure seed which is less than 95% but more than 75% hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show:
(a) the percentage of pure seed that is hybrid seed; or
(b) a statement such as "Contains from 75% to 95% hybrid seed";
(5) state or country of origin, if known, of alfalfa, red clover, white clover, native range grasses, and field corn other than hybrid. If the origin is unknown, the fact shall be stated.
(6) the approximate percentage of germination of agricultural seed, together with the date of test of germination. In all cases where hard seeds remain at the end of the germination test, the percentage of actual germination and the percentage of hard seeds shall be stated separately, with the provision that any portion or all of the percentage of hard seeds may be added to the percentage of germination and stated as "total germination and hard seed".
(7) the germination date that must include the calendar month and year in which the germination test was completed;
(8) a purity analysis that must include:
(a) the approximate percentage by weight of pure seed, meaning the freedom of agricultural seeds from inert matter and from other seeds;
(b) the approximate percentage by weight of sand, dirt, broken seeds, sticks, chaff, and other inert matter combined in agricultural seeds;
(c) the approximate total percentage by weight of weed seeds;
(d) the approximate percentage by weight of other crop seeds in agricultural seeds; and
(e) the name and approximate number of each kind or species of restricted noxious weed seeds occurring per pound of seed;
(9) the full name and address of the seedsman, importer, dealer or agent, or other person, firm, or corporation selling the seed;
(10) in the case of mixtures of agricultural seeds which contain two or more kinds of seed in excess of 5% by weight of each, when sold as mixtures:
(a) name of mixture;
(b) name and approximate percentage by weight of each kind of agricultural seed present in the mixture in excess of 5% by weight of the total mixture;
(c) approximate percentage by weight of broken seeds and other inert matter in the mixture of agricultural seeds;
(d) approximate percentage by weight of weed seeds as defined in 80-5-120;
(e) approximate percentage by weight of other crop seeds in the mixture of agricultural seeds;
(f) name and approximate number of each kind or species of restricted noxious weed seeds occurring per pound of mixtures of agricultural seeds, subject, however, to restrictions established by rule;
(g) approximate percentage of germination of each kind of agricultural seed present in the mixture in excess of 5% by weight, together with the month and year the seed was tested. In all cases where hard seeds remain at the end of the germination test, the percentage of actual germination and the percentage of hard seeds shall be stated separately, with the provision that any portion or all of the hard seed may be added to the percentage of germination and stated as "total germination and hard seed".
(h) full name and address of the vendor of the mixture.
History: En. Sec. 2, Ch. 361, L. 1969; amd. Sec. 2, Ch. 390, L. 1973; amd. Sec. 10, Ch. 13, L. 1977; R.C.M. 1947, 3-802.2(1); amd. Sec. 2, Ch. 464, L. 1983; amd. Sec. 2, Ch. 373, L. 1987.
