Section 433:3 Label Requirements for Tree and Shrub Seeds.
Each container of tree and shrub seed which is sold, offered for sale, exposed for sale, or transported within this state for sowing purposes shall bear on it or have attached to it in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container, provided that labeling of seed supplied under a contractual agreement may be done by invoice accompanying the shipment or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not so identified shall carry complete labeling. Labeling requirements shall be as follows:
I. For all treated tree and shrub seeds, for which a separate label may be used:
(a) A word or statement indicating that the seed has been treated.
(b) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used.
(c) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as ""Do not use for food or feed or oil purposes.'' The caution for mercurials and similarly toxic substances shall be a poison statement and symbol.
(d) If the seed has been treated with an inoculant, the date beyond which the inoculant is not to be considered effective, that is, the date of expiration.
II. For all tree and shrub seeds subject to this subdivision:
(a) Common name of the species of seed and, if appropriate, subspecies.
(b) The scientific name of the genus and species, and, if appropriate, subspecies.
(c) Lot number or other lot identification.
(d) Origin:
(1) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as state or county.
(2) For seed collected from other than a predominantly indigenous stand, the area of collection and the origin of the stand or the words ""Origin not Indigenous.''
(e) The elevation or the upper and lower limits of elevations within which the seed was collected.
(f) Purity as a percentage of pure seed by weight.
(g) For those species for which standard germination testing procedures are prescribed in rules adopted by the commissioner, the following:
(1) Percentage of germination, exclusive of hard seed.
(2) Percentage of hard seed, if present.
(3) The calendar month and year the test was completed to determine such percentages.
(h) In lieu of subparagraph (g)(1)-(3), the seed may be labeled ""Test is in process; results will be supplied upon request.''
(i) For those species for which standard germination testing procedures have not been prescribed in rules adopted by the commissioner, the calendar year in which the seed was collected.
(j) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.
Source. 1990, 126:2, eff. June 18, 1990.