266.051. Label requirements for agricultural seeds.
Label requirements for agricultural seeds.
266.051. 1. Each container of agricultural seed of morethan one pound and vegetable seed in any amount which is sold,offered for sale, transported, or exposed for sale, within thisstate for seeding purposes shall bear thereon or have attachedthereto in a conspicuous place a plainly written or printed labelor tag in the English language, giving the following information:
(1) For agricultural seeds:
(a) Commonly accepted name of (A) kind or (B) kind andvariety, of each agricultural seed component in excess of fivepercent of the whole by weight. When more than one component isrequired to be named, the work "mixture" or the word "mixed"shall be shown conspicuously on the label;
(b) Lot number or other lot identification;
(c) Origin, if unknown, that fact shall be stated;
(d) Percentage by weight of pure seed;
(e) Percentage by weight of all weed seeds;
(f) Percentage by weight of agricultural seeds (which may bedesignated as "crop seeds") other than those required to be namedon the label;
(g) Percentage by weight of inert matter;
(h) Noxious weed seed content must be expressed in numbersper pound if the seed is sold in units of pounds or U.S. drymeasure and in numbers per one hundred grams if the seed is soldin units of the metric system. The name and number of each kindof noxious weed seed must be stated when present singly orcollectively in excess of the numbers listed in subparagraphs a,b, c, or d:
a. Eighty seeds per pound or eighteen seeds per one hundredgrams of Agrostis species, Poa species, Bermuda grass, timothy,orchard grass, fescues (except meadow and tall fescues), alsikeand white clover, reed canary grass, and other agricultural seedsof similar size and weight, or mixtures within this group;
b. Forty-eight seeds per pound or eleven seeds per onehundred grams of ryegrasses, meadow and tall fescues, millets,alfalfa, red clover, sweet clovers, lespedezas, brome grass,crimson clover, rape, Agropyron species, and other agriculturalseeds of similar size and weight, or mixtures within this group,or of this group with subparagraph a, above;
c. Sixteen seeds per pound or four seeds per one hundredgrams of vetches, sudan grass and other agricultural seeds ofsimilar size and weight, or mixtures not specified insubparagraphs a, b, and d, of this section;
d. Eighty seeds per pound or eighteen seeds per one hundredgrams of wheat, oats, rye, barley, buckwheat, sorghums (exceptsudan grass), soybeans, cowpeas, and other agricultural seeds ofa size and weight similar to or greater than those within thisgroup;
(i) The word "none", if shown on the label or tag under"noxious weeds", shall be construed as meaning that no noxiousweed seeds are present. If noxious weed seeds are not present inexcess of the number prescribed in paragraph (h), subparagraphsa, b, c, and d, above, then there shall be shown on the label ortag under "noxious weeds" either the name and number of each kindof noxious weed seeds present per pound or per one hundred grams,as may be the case, or the words "not in excess of . . ." and inthe blank to be inserted the maximum number permitted underparagraph (h), subparagraphs a, b, c, and d;
(j) For each named agricultural seed:
a. Percentage of germination, exclusive of hard seeds;
b. Percentage of hard seed, if present;
c. Total germination and hard seed;
d. The calendar month and year the test was completed todetermine such percentage;
(k) Name and address of the person who labeled said seed, orthe name and address of the person who sells, offers or exposessaid seed for sale within this state;
(l) Warning as to danger if seed has been treated with acompound poisonous to man or farm animal;
(2) For vegetable seeds:
(a) Name of kind and variety of seed;
(b) For vegetable seed packets of one pound or less, theplanting season for which the seed was packed;
(c) For vegetable seed in containers of more than one poundthe percentage of germination, and the month and year in whichthe germination test was performed;
(d) For seed in packets of one pound or less, thatgerminates less than the standards as established by the FederalSeed Act, or as the director prescribes through regulation:
a. Percentage of germination, exclusive of hard seed;
b. Percentage of hard seed, if present;
c. Total germination and hard seed;
d. The words "below standard" in not less than eight pointtype;
e. The calendar month and year the test was completed;
(e) Name and address of the person who labeled said seed, orthe name and address of the person who sells, offers or exposessaid seed for sale within this state.
2. Agriculture seeds exposed for sale stored in bulk shallbe labeled by attaching to the bin, tank, box, or other containerin a conspicuous place, a tag or label stating the informationrequired by the Missouri seed law and the rules and regulationsthereunder. Any portion of seeds consisting of more than onepound sold from bulk directly to the purchaser shall beaccompanied by an exact copy of the label attached to thecontainer of the bulk lot of seed.
3. Agricultural seed labeled to show less than fifty percentgermination must be additionally distinguished by the words "lowgermination". No seed containing less than twenty-five percentgermination can be sold at retail level. This demarkation mustbe printed diagonally across the seed quality guarantees in printsize at least three times the print used to express other seedquality claims.
4. Labeling agricultural seed as to variety is not required;however, when a variety name is shown on the label, the name mustbe confined to the recognized variety name. The representationof variety shall be confined to the recognized name of thevariety of seed and such seed shall not have affixed theretonames or terms that create a misleading impression as to thehistory or quality of the seed.
5. When using the designation "hybrid" in labeling if anyone kind or kind and variety of seed present in excess of fivepercent is hybrid seed, it shall be designated "hybrid" on thelabel. The percentage that is hybrid shall be at leastninety-five percent of the percentage of pure seed shown unlessthe percentage of pure seed which is hybrid seed is shownseparately. If two or more kinds of varieties are present inexcess of five percent and are named on the label, each that ishybrid shall be designated as hybrid on the label. Any one kindor kind and variety that has pure seed which is less thanninety-five percent but more than seventy-five percent hybridseed as a result of incompletely controlled pollination in across shall be labeled to show:
(1) The percentage of pure seed that is hybrid seed;
(2) A statement such as contains from seventy-five percentto ninety-five percent hybrid seed.
6. When using the designation "hybrid" in labeling no onekind or variety of seed shall be labeled as hybrid if the pureseed contains less than seventy-five percent hybrid seed.
7. Seed treated with a compound poisonous to man or farmanimal shall show on the label or on a separate tag the words"poison treated" in boldface type, and in addition give the nameof the chemical or brand name of treatment used.
(L. 1951 p. 5 § 266.050, A.L. 1979 H.B. 57)