80-5-104. Labeling of vegetable, flower, and indigenous seeds. (1) Vegetable and flower seeds in packets and in larger containers shall be labeled with the required information as follows:
     (a) each container of 1 pound or less:
     (i) the commonly accepted name of the kind or the kind and variety of the seed;
     (ii) the name and address of the person who labeled the seed or who sells the seed within this state;
     (iii) the name and number per pound of each kind of restricted noxious weed seeds as prescribed by rules adopted under 80-5-105;
     (iv) in the case of seed which has a percentage of germination less than the standard prescribed in the Federal Seed Act:
     (A) the percentage of germination;
     (B) the percentage of hard seed, if more than 1%;
     (C) the month and year the test to determine the data required by this section was completed;
     (D) the words "below standard germination" in not less than 8-point boldface type;
     (b) each container of more than 1 pound:
     (i) the name of the kind and variety of the contents;
     (ii) the lot numbers or other lot identification;
     (iii) the name and number per pound of each kind of restricted noxious weed seeds as prescribed by rules adopted under 80-5-105;
     (iv) the percentage of germination and whether the percentage of germination meets or exceeds the standard established in the Federal Seed Act;
     (v) the percentage of hard seed, if more than 1%;
     (vi) the month and year the test to determine the data required by this section was completed;
     (vii) the name and address of the person who labeled the seed or who sells the seed within this state.
     (2) Indigenous seeds, as defined in 80-5-120, in amounts of 1 pound or more, whether in package or bulk, must be labeled with the following information:
     (a) the statement "Labeled only for reclamation purposes";
     (b) lot number or other distinguishing mark;
     (c) the common name, genus, species, and subspecies when applicable, including the name of each kind of seed present in excess of 5%. When two or more kinds of seed are named on the label, the label shall specify 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 must apply to seed of the kind named. If the name of the variety is given, the name may be associated with the name of the kind. The percentage in this case may be shown as "pure seed" and must apply only to seed of the variety named.
     (d) state or country of origin, if known. If the origin is unknown, that fact shall be stated.
     (e) the approximate percentage of viable seed, together with the date of test. When labeling mixtures, the percentage viability of each kind shall be stated.
     (f) the approximate percentage by weight of pure seed, meaning the freedom of seed from inert matter and from other seeds;
     (g) the approximate percentage by weight of sand, dirt, broken seeds, sticks, chaff, and other inert matter;
     (h) the approximate total percentage by weight of other seeds;
     (i) the name and approximate number of each kind of species of restricted noxious weed seeds occurring per pound of seed;
     (j) the full name and address of the person, firm, or corporation selling the seed.

     History: En. Sec. 3, Ch. 361, L. 1969; R.C.M. 1947, 3-802.3; amd. Sec. 3, Ch. 464, L. 1983; amd. Sec. 4, Ch. 373, L. 1987.