7104 - Labels and labeling.
§ 7104. Labels and labeling. (a) General rule.--It shall be unlawful to sell, offer for sale, expose for sale or transport any seed subject to the provisions of this chapter for seeding purposes in bulk, packages or containers unless the package or container in which the same shall be exposed or offered for sale or transported shall have attached thereto, in a conspicuous place on the exterior thereof, a tag or label on which shall be plainly and legibly written or printed in English the following information relating to the seed: (1) The name and address of the distributor who labeled the seed. (2) A treatment statement as prescribed by the secretary in the regulations. (3) The calendar month and year the germination test was completed. Unless otherwise stated in this section or section 7105 (relating to unlawful seed sales), the test to determine germination shall have been completed within a nine-month period exclusive of the calendar month in which the test was completed. (b) Specific types of seed.--In addition to the information required in subsection (a), specific types of seeds shall be labeled with the following information: (1) For agricultural seeds except for cool season lawn and turf grass seed and mixtures and blends thereof as provided in paragraph (2): (i) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of 5% of the whole and the percentage by weight of each in the order of its predominance or as the secretary may direct. Where more than one component is required to be named, the word "mixture," "mix," "mixed" or "blend" shall be shown conspicuously on the label. (ii) Lot number. (iii) Country and state of origin of certified seed and agency responsible for its certification. (iv) Country and state of origin of alfalfa, bird's- foot trefoil, red and white clovers and field corn except hybrid corn. If the origin is unknown, that fact shall be so stated. (v) Percentage by weight of all weed seeds. (vi) The name and number of restricted noxious weed seeds or number of bulblets per pound. (vii) Percentage by weight of agricultural seeds, other than those required to be named on the label, which may be designated as crop seeds. (viii) Percentage by weight of inert matter. (ix) For each named agricultural seed: (A) The percentage of germination, exclusive of hard seed. (B) The percentage of hard seed, if present. (C) The calendar month and year the test was completed to determine such percentages. The additional statement "total germination and hard seeds" may be stated after the foregoing, if desired. (2) For cool season lawn and turf grasses, including Kentucky bluegrass, red fescue, Chewings fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, creeping bent grass, colonial bent grass and mixtures and blends thereof: (i) For single kinds, the name of the kind or kind and variety. (ii) For mixtures and/or blends: (A) The word "mix," "mixed," "mixture" or "blend" shall be stated with the name of the mixture or blend. (B) The heading "pure seed" and "germination" or "germ" shall be used in proper places. (C) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of 5% of the whole and the percentage by weight of pure seed in order of predominance and in columnar form. (D) Percentage by weight of agricultural seeds, other than those required to be named on the label, which shall be designated as crop seed. (E) The percentage by weight of inert matter for lawn and turf grass not to exceed 10%, except that 15% inert matter is permitted in Kentucky bluegrass labeled without a variety name. Foreign material other than material used for coating, pelleting as in paragraph (7) or combination products as in paragraph (6) to enhance the planting value, not common to grass seed, may not be added. (F) Percentage by weight of all weed seeds. Maximum weed seed content not to exceed 1% by weight. (G) Restricted noxious weed seed and undesirable grass seed that are required to be labeled will be listed under the heading "noxious weed seeds" or "undesirable grass seeds." Restricted noxious weed seeds may not exceed the standard established by regulation. Undesirable grass seeds may not exceed 0.50% of the labeled weight. (H) For each seed identified under subparagraph (i) or this clause: (I) Percentage of germination, exclusive of hard seed. (II) Percentage of hard seed, if present. (III) Calendar month and year the test was completed to determine such percentages. The oldest test date shall be used. (IV) The statement "Sell by " which may be no more than 15 months from the date of test, exclusive of the month of test. (3) For tree and shrub seeds: (i) Common name of the kind of seed. (ii) The scientific name of the genus and species to which the kind belongs and, for those kinds which belong to subspecies, the name of the subspecies. (iii) Lot number. (iv) The specific locality (state and county in the United States or nearest equivalent political unit in the case of foreign countries) in which seed was collected. (v) The elevation for forest tree seeds to the nearest 500 feet above sea level at which the seed was collected. (vi) The calendar year in which the seed was collected. (vii) For those kinds of seed for which standard testing procedures are prescribed: (A) Percentage by weight of pure seed. (B) Percentage germination exclusive of hard seed. (C) Percentage hard seed, if present. (D) Calendar month and year the test was completed to determine such percentage. (4) For vegetable seeds: (i) Name of kind and variety of seed. (ii) Lot number, which shall be on each container. (iii) Name and number per pound of restricted noxious weed seeds present. (iv) For seeds which germinate less than the standard last established by the secretary under this chapter: (A) Percentage of germination, exclusive of hard seed. (B) Percentage of hard seed, if present. (C) The calendar month and year the test was completed to determine such percentages. (D) The words "below standard" in not less than eight-point type. (v) Percentage of germination: (A) In containers of one pound or less, the calendar month and year the germination test was completed and the statement "Sell by ," which may be no more than 12 months from the date of test, exclusive of the month of test, or the percentage of germination and the calendar month and year the test was completed to determine such percentage provided that the germination test must have been completed within 12 months, exclusive of the month of test. (B) In containers of more than one pound: (I) The percentage of germination, exclusive of hard seed. (II) The percentage of hard seed, if present. (III) The calendar month and year the test was completed to determine such percentages. (vi) For seeds placed in germination medium, mat, tape or other device in such a way to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape or other device, a statement to indicate the minimum number of seeds in the container. (5) For flower seeds: (i) The name of the kind and variety or a statement of type and performance characteristic as prescribed by the secretary in the regulations. (ii) Lot number, which shall be on each container. (iii) For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the standard last established by the secretary under this chapter: (A) Percentage of germination, exclusive of hard seed. (B) Percentage of hard seed, if present. (C) The words "below standard" in not less than eight-point type. (D) Calendar month and year the test was completed to determine such percentage. (iv) For flower seeds in packets as prepared for use in home flower gardens or household plantings or flower seeds in preplanted containers, mats, tapes or other planting devices: (A) The calendar month and year the germination test was completed and the statement "Sell by ," which may be no more than 12 months from the date of test, exclusive of the month of test, or the percentage germination and the calendar month and year the test was completed to determine such percentage provided that the germination test must have been completed within 12 months, exclusive of the month of test. (B) For seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds, a statement to indicate the minimum number of seeds in the container. (v) For those kinds of seeds for which standard testing procedures are prescribed and weighing more than one ounce in containers other than packets prepared for use in home flower gardens or household plantings and other than preplanted containers, mats, tapes or other planting devices: (A) The percentage of germination, exclusive of hard seed. (B) The percentage of hard seed, if present. (C) The calendar month and year the test was completed to determine such percentage. (6) For agricultural, lawn or turf seeds combined with mulch, with or without fertilizer, in addition to the other label requirements for agricultural, lawn and turf seeds set forth in this section: (i) The word "combination" followed by the applicable words "mulch-seed-fertilizer" or "mulch-seed" must appear on the upper 30% of the principal display panel. The word "combination" must be the largest and most conspicuous type on the container, equal to or larger than the product name. The words "mulch-seed- fertilizer" or "mulch-seed" shall be no smaller than one- half the size of the word "combination" and in close proximity to the word "combination." (ii) Combination products shall contain a minimum of 70% mulch. (iii) Agricultural, lawn or turf seeds placed in a germination medium, mat, tape or other device or mixed with mulch shall be labeled as follows: (A) Percentage by weight of pure seed of each kind and variety named which may be less than 5% of the whole. (B) Percentage by weight of inert matter, which shall not be less than 70% mulch. (7) For agricultural seeds that are coated, in addition to the other label requirements for agricultural seeds set forth in this section: (i) Percentage by weight of pure seeds with coating material removed. (ii) Percentage by weight of coating material. (iii) Percentage by weight of inert material exclusive of coating material. (iv) Percentage of germination is to be determined on 400 pellets with or without seeds. (c) Construction of section.--The provisions of this section shall not be construed to prohibit the sale in smaller units by a retailer to the ultimate user when such sales are made from packages or containers bearing the information required by this section. Cross References. Section 7104 is referred to in sections 7105, 7106, 7107 of this title.