3.2-4008 - Labeling and advertising requirements.
§ 3.2-4008. Labeling and advertising requirements.
A. All seed sold, offered for sale, transported, or advertised for plantingpurposes and all screenings shall bear or have attached in a conspicuousplace a plainly written or printed label in the English language thatprovides the following information without further modification or denial inthe labeling or advertisement.
B. For treated seed:
1. A word or statement indicating that the seed has been treated;
2. The commonly accepted chemical or generic name of the applied substance ortreatment; and
3. A caution statement such as "Do not use for food or feed or oilpurposes" if any substance in the amount present is harmful to human orother vertebrate animals. The caution for mercurials and similar toxicsubstances shall be a poison statement or symbol.
C. For agricultural seeds:
1. The recognized name of each kind (or kind and variety if that kind hasbeen adopted by the Board pursuant to subdivision 6 of § 3.2-4001) ofagricultural seed component in excess of five percent of the whole and thepercentage by weight in order of predominance. Mixtures and agricultural seedmay be sold by kind name if the seed is not for the production of anagricultural crop and the label clearly indicates "NOT FOR AGRICULTURALPRODUCTION";
2. The word "mixture" or "mixed" shall appear conspicuously on the labelif the guarantor is required to name more than one agricultural seedcomponent;
3. The lot number or other lot identification;
4. The origin, if known; if not known, that fact shall be stated;
5. The percentage by weight of all weed seeds;
6. The name and number per ounce, pound, or metric equivalent of each kind ofrestricted noxious-weed seed present, subject to subdivision 1e of § 3.2-4015;
7. The percentage by weight of agricultural and vegetable seeds other thanthe kind or kind and variety named on the label. Such information may bedesignated as "other crop seed," "other variety," or as both;
8. The percentage by weight of inert matter;
9. For each named agricultural seed:
a. The percentage of germination, exclusive of hard or dormant seed;
b. The percentage of any hard or dormant seed;
c. The month and year the test was completed to determine such percentages;
d. The "total germination and hard seed" may be stated following theinformation required by subdivisions a and b; and
e. The guarantor shall state separately on the label the percent of dormantseed.
10. The recognized hybrid designation for all hybrids;
11. The quantity statement; and
12. The code designation of the person who transports or delivers fortransportation said seed in interstate commerce and the name and address of:(i) the person who sells, labels, or offers the seed for sale; or (ii) theperson to whom the seed is sold or shipped for resale.
D. For vegetable seeds in containers of one half pound or less:
1. The name of kind and variety of seed;
2. The year packeted or put up, provided that the words "packed for" shallprecede the year, or the percentage of germination and the month and year thetest was completed to determine such percentage;
3. The quantity statement, except as provided by appropriate regulations;
4. The name and address of the person who labels, sells, or offers to sellthe seed; and
5. For the seeds that germinate less than the standard last established byregulations:
a. The percentage of germination, exclusive of hard or dormant seed;
b. The percentage of any hard or dormant seed;
c. The month and year the test was completed to determine the percentages insubdivisions a and b;
d. The "total germination and hard seed" may be stated following theinformation in subdivisions a and b;
e. The guarantor shall state separately on the label the percentage ofdormant seed; and
f. The words "below standard" in not less than eight-point type.
E. For vegetable seeds in bulk or in containers of more than one half pound:
1. The name of each kind and variety present in excess of five percent of thewhole and the percentage by weight of each in order of its predominance;
2. The lot number or other lot identification;
3. For each named kind and variety:
a. The percentage of germination exclusive of hard or dormant seed;
b. The percentage of any hard or dormant seed;
c. The month and year the test was completed to determine the percentages insubdivisions a and b;
d. The "total germination and hard seed" may be stated; and
e. The guarantor shall state separately on the label the percent of dormantseed.
4. The quantity statement, except when in bulk;
5. The name and address of the person who labels, sells, or offers to sellthe seed; and
6. The labeling requirements of subdivisions 1 through 5 for vegetable seedssold from open containers shall be deemed to have been met if the seed isweighed from a properly labeled container in the presence of the purchaser.
F. Seeds or screenings offered for sale or distribution must be plainlylabeled to indicate that such seeds or screenings are not for plantingpurposes if containing more than: (i) two percent by weight weed seeds; or(ii) prohibited noxious-weed seeds and restricted noxious-weed seeds inexcess of the amounts prescribed by regulations.
G. For seeds in preplanted containers, mats, tapes, or other planting devices:
1. For flower seeds:
a. The name of the kind and variety or a statement of type and performancecharacteristics, as prescribed in the regulations adopted pursuant to theprovisions of this article;
b. The month and year seed was tested or the year the seed was packaged;
c. The quantity statement, except as provided by regulations;
d. The name and address of the person who labels, sells, or offers to sellseed; and
e. Other special labeling requirements as determined by the Board.
2. For seeds of those kinds with standard testing procedures that germinateless than the germination standard established by regulations:
a. The percentage of germination exclusive of hard seed; and
b. The words "below standard" in not less than eight-point type.
3. For seeds placed in a germination medium, mat, tape, or other devicemaking it difficult to determine the quantity of seed without removal, astatement to indicate the minimum number of seeds in the container.
H. For flower seeds in containers other than packets prepared for use in homeflower gardens or household plantings and other than preplanted containers,mats, tapes, or other planting devices:
1. The name of the kind and variety or a statement of type and performancecharacteristics as prescribed in regulations;
2. The lot number or other lot identification;
3. The month and year that the seed was tested or the year the seed waspackaged;
4. The quantity statement, except as provided by regulations;
5. The name and address of the person who labels, sells, or offers to sellthe seed; and
6. For those kinds of seed for which standard testing procedures areprescribed:
a. The percentage of germination exclusive of hard seed; and
b. The percentage of any hard or dormant seed.
I. For tree and shrub seeds:
1. The accepted common and Latin name of species;
2. The variety (if applicable);
3. The quantity statement;
4. The number;
5. The year in which seed was collected;
6. The origin indicating the specific locality where the seed was collected;
7. The month and year of the date the seed was tested;
8. The percentage by weight of pure seed;
9. The percentage by weight of inert matter;
10. The percentage by weight of other crop seeds;
11. The percentage of germination exclusive of hard or dormant seed;
12. The percentage of any hard seeds;
13. The speed of germination expressed in terms of the number of days theseeds will take to reach 90 percent of total;
14. The pregermination treatment used in test;
15. The total number of seed per pound;
16. The moisture content; and
17. The name and address of the person who labels, sells, or offers to sellthe seed.
J. For lawn or turf seed mixtures in prepacked containers of 100 pounds orless the information shall include:
1. The recognized name of each kind or kind and variety of each agriculturalseed component in excess of five percent of the whole, and the percentage byweight of each in order of its predominance;
2. The registered name of the mixture;
3. The lot number or other lot identification;
4. The percentage by weight of all weed seeds;
5. The name and number per ounce or per pound of each kind of restrictednoxious-weed seeds present, subject to subdivision 1e of § 3.2-4015;
6. The percentage by weight of other agricultural seeds not claimed in theformula;
7. The percentage by weight of inert matter;
8. For each named agricultural seed:
a. The percentage of germination, exclusive of hard seed;
b. The percentage of any hard seed; and
c. The month and year the test was completed to determine the percentages insubdivisions a and b; provided that the date of the first test of thecomponents may be given for the entire mixture.
9. The quantity statement; and
10. The code designation of the person who transports or delivers fortransportation the seed and the name and address of: (i) the person whosells, labels, or offers to sell the seed; or (ii) the person to whom theseed is sold or shipped for resale.
K. For transgenetic seed, in addition to any other requirements, theguarantor shall label all seed produced from transgenetic plant materialpursuant to regulation.
(Code 1950, § 3-219.3; 1958, c. 483; 1966, cc. 9, 702, § 3.1-264; 1994, c.577, § 3.1-275.4; 2008, c. 860.)