199.3 - LABELING OF SEED.

        199.3  LABELING OF SEED.
         Each container of agricultural or vegetable seed which is sold,
      offered for sale, exposed for sale, or transported within this state
      shall be labeled according to the following schedule:
         1.  Seed for sowing purposes shall be labeled as follows:
         a.  Agricultural or vegetable seed that is treated,
      inoculated, or coated shall contain a word or statement indicating
      that the treatment, inoculation, or coating has been done.  A
      separate label may be used.
         b.  If treated, the label shall indicate the commonly accepted
      chemical or abbreviated chemical name of the applied substance or
      substances or a description of the type and purpose of procedure
      used.  If the substance in the amount present with the seed is
      harmful to human or vertebrate animals, the label shall bear a
      caution statement such as "Do not use for food, feed, or oil
      purposes".  In addition, for highly toxic substances, a poison
      statement or symbol shall be shown on the label.
         c.  If the seed is inoculated, the label shall indicate the
      month and year beyond which the inoculant is not claimed to be
      effective.
         d.  If the seed is coated, the label shall show the percentage
      by weight in the container of pure seed, inert matter, coating
      material, other crop seed, and weed seed.  The percentage of
      germination shall be labeled on the basis of a determination made on
      at least four hundred pellets or capsules, whether or not they
      contain seed.
         e.  All seed in package or wrapped form which are required to
      be labeled, unless otherwise provided, shall conform to the
      requirements of sections 189.9 and 189.11.
         2.  Except for seed mixtures for lawn or turf purposes,
      agricultural seed shall bear a label indicating:
         a.  The name of the kind or kind and variety for each
      agricultural seed present in excess of five percent of the whole and
      the percentage by weight of each.  If the variety of those kinds
      generally labeled as to variety is not stated, the label shall show
      the name of the kind and the words, "variety not stated".  Hybrids
      shall be labeled as hybrids.  Seed shall not be labeled or advertised
      under a trademark or brand name in a manner that may create the
      impression that the trademark or brand name is a variety name.
         b.  Lot number or other lot identification.
         c.  State or foreign country of origin, if known, of alfalfa
      and red clover.  If the origin is unknown, the fact shall be stated.

         d.  Percentage by weight of all weed seed.
         e.  The name and rate of occurrence per unit of weight of each
      kind of secondary noxious weed seed present.
         f.  Percentage by weight of agricultural seed which may be
      designated as "other crop seed" other than those required to be named
      on the label.
         g.  Percentage by weight of inert matter.
         h. (1)  For each named agricultural seed:
         (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 the percentages.
         (2)  Following (a) and (b), the "total germination and hard seed"
      may be stated as such, if desired.
         i.  Name and address of the person who labeled the seed, or
      who sells, offers, or exposes the seed for sale within this state.
         3.  For seed mixtures for lawn or turf purposes, the label shall
      indicate:
         a.  The word "mixed" or "mixture" along with the name of the
      mixture.
         b.  The heading "pure seed" and "germination" or "germ" where
      appropriate.
         c.  Commonly accepted name of kind or kind and variety of each
      turf seed component in excess of five percent of the whole, and the
      percentage by weight of pure seed in order of its predominance and in
      columnar form.
         d.  Name and percentage by weight of other agricultural seed
      than those required to be named on the label which shall be
      designated as "other crop seed".  If the mixture contains no "other
      crop seed" that fact may be indicated by the words "contains no other
      crop seed".
         e.  Percentage by weight of inert matter.
         f.  Percentage by weight of all weed seed.  Maximum weed seed
      content not to exceed one percent by weight.
         g.  The name and rate of occurrence per unit of weight of each
      kind of secondary noxious weed seed present.
         h.  For each turf seed named under paragraph "c":
         (1)  Percentage of germination, exclusive of hard seed.
         (2)  Percentage of hard seed, if present.
         (3)  Calendar month and year the test was completed to determine
      such percentages.  The oldest current test date applicable to any
      single kind in the mixture shall appear on the label.
         i.  Name and address of the person who labeled the seed, or
      who sells, offers, or exposes the seed for sale within the state.
         4.  The labeling requirements for vegetable seed sold from
      containers of more than one pound shall be deemed to have been met if
      the seed is weighed from a properly labeled container in the presence
      of the purchaser.  Packets of vegetable seed prepared for use in home
      gardens or household plantings or vegetable seed in preplanted
      containers, mats, tapes, or other planting devices, shall bear labels
      with the following information:
         a.  Name of kind and variety of seed.
         b.  Lot identification.
         c.  The year for which the seed was packed for sale or the
      percentage of germination and the calendar month and year the test to
      determine such percentage was completed.
         d.  Name and address of the person who labeled the seed or who
      sells, offers, or exposes the seed for sale within the state.
         e.  For seed which germinate less than the standard last
      established by the secretary in rules adopted under chapter 17A:
         (1)  Percentage of germination, exclusive of hard seed.
         (2)  Percentage of hard seed, if present.
         (3)  The words "below standard" in not less than eight point type.

         f.  For seed 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 seed from the medium, mat,
      tape, or device, a statement to indicate the minimum number of seed
      in the container.
         g.  The last date on which the variety of seed will normally
      germinate according to standards established by rules adopted by the
      department.
         5.  All other vegetable seed containers shall be labeled,
      indicating:
         a.  The name of each kind and variety present in excess of
      five percent and the percentage by weight of each in order of its
      predominance.
         b.  Lot number or other lot identification.
         c. (1)  For each named vegetable seed:
         (a)  Percentage 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.
         (2)  Following (a) and (b), the "total germination and hard seed"
      may be stated as such, if desired.
         d.  Name and address of the person who labeled the seed, or
      who sells, offers, or exposes the seed for sale within the state.
         6.  Seed sold on or from the farm, which is exempt from the permit
      requirements by section 199.15, shall be labeled on the basis of
      tests performed by the Iowa state university of science and
      technology seed laboratory, department of agriculture and land
      stewardship seed laboratory, or a commercial seed laboratory
      personally supervised by a registered seed technologist.  Tests for
      labeling shall be as provided in section 199.10.  
         Section History: Early Form
         [S13, § 5077-a6, -a18, -a19, -a21; C24, 27, 31, 35, 39, § 3129,
      3130, 3131, 3132; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 199.3; 82 Acts, ch 1191, § 3] 
         Section History: Recent Form
         92 Acts, ch 1239, § 34; 2009 Acts, ch 41, §212, 213
         Referred to in § 199.4, 199.9