2002 Minnesota Statutes

     21.82 Label requirements; agricultural, vegetable, or 
  flower seeds. 

    Subdivision 1.    Form.  Each container of agricultural, 
 vegetable, or flower seed which is offered for sale for sowing 
 purposes shall bear or have attached in a conspicuous place a 
 plainly written or printed label or tag in the English language 
 giving the information required by this section.  This statement 
 shall not be modified or denied in the labeling or on another 
 label attached to the container.  

    Subd. 2.    Content.  For agricultural, vegetable, or 
 flower seeds, except as otherwise provided in subdivisions 4, 5, 
 6, 7 and 8, the label shall contain:  

    (a) The name of the kind or kind and variety for each 
 agricultural or vegetable seed component in excess of five 
 percent of the whole and the percentage by weight of each in 
 order of its predominance.  The commissioner shall by rule 
 designate the kinds that are required to be labeled as to 
 variety.  If the variety of those kinds generally labeled as to 
 variety is not stated and it is not required to be stated, the 
 label shall show the name of the kind and the words:  "Variety 
 not stated."  

    (1) The percentage that is hybrid shall be at least 95 
 percent of the percentage of pure seed shown unless the 
 percentage of pure seed which is hybrid seed is shown 
 separately.  If two or more kinds or varieties are present in 
 excess of five percent and are named on the label, each that is 
 hybrid shall be designated as hybrid on the label.  Any one kind 
 or kind and variety that has pure seed which is less than 95 
 percent but more than 75 percent hybrid seed as a result of 
 incompletely controlled pollination in a cross shall be labeled 
 to show the percentage of pure seed that is hybrid seed or a 
 statement such as "contains from 75 percent to 95 percent hybrid 
 seed."  No one kind or variety of seed shall be labeled as 
 hybrid if the pure seed contains less than 75 percent hybrid 
 seed.  The word hybrid shall be shown on the label in 
 conjunction with the kind.  

    (2) Blends shall be listed on the label using the term 
 "blend" in conjunction with the kind.  

    (3) Mixtures shall be listed on the label using the term 
 "mixture," "mix," or "mixed."  

    (b) Lot number or other lot identification.  

    (c) Origin, if known, or that the origin is unknown.  

    (d) Percentage by weight of all weed seeds present in 
 agricultural, vegetable, or flower seed.  This percentage may 
 not exceed one percent.  If weed seeds are not present in 
 vegetable or flower seeds, the heading "weed seeds" may be 
 omitted from the label.  

    (e) Name and rate of occurrence per pound of each kind of 
 restricted noxious weed seeds present.  They shall be listed 
 under the heading "noxious weed seeds."  If noxious weed seeds 
 are not present in vegetable or flower seeds, the heading 
 "noxious weed seeds" may be omitted from the label.  

    (f) Percentage by weight of agricultural, vegetable, or 
 flower seeds other than those required to be named on the 
 label.  They shall be listed under the heading "other crop."  If 
 "other crop" seeds are not present in vegetable or flower seeds, 
 the heading "other crop" may be omitted from the label.  

    (g) Percentage by weight of inert matter.  

    (h) Net weight of contents, to appear on either the 
 container or the label, except that in the case of vegetable or 
 flower seed containers with contents of 200 seeds or less, a 
 statement indicating the number of seeds in the container may be 
 listed along with or in lieu of the net weight of contents.  

    (i) For each named agricultural or vegetable seed:  

    (1) percentage of germination, exclusive of hard seed; 

    (2) percentage of hard seed, if present; and 

    (3) the calendar month and year the percentages were 
 determined by test.  

    (j) Name and address of the person who labeled the seed or 
 who sells the seed within this state, or a code number which has 
 been registered with the commissioner.  

    Subd. 3.    Treated seed.  For all named agricultural, 
 vegetable, or flower seeds which are treated, for which a 
 separate label may be used, the label shall contain:  

    (a) a word or statement to indicate that the seed has been 
 treated; 

    (b) the commonly accepted, coined, chemical, or abbreviated 
 generic chemical name of the applied substance; 

    (c) the caution statement "Do not use for food, feed, or 
 oil purposes" if the substance in the amount present with the 
 seed is harmful to human or other vertebrate animals; 

    (d) in the case of mercurials or similarly toxic 
 substances, a poison statement and symbol; 

    (e) a word or statement describing the process used when 
 the treatment is not of pesticide origin; and 

    (f) the date beyond which the inoculant is considered 
 ineffective if the seed is treated with an inoculant.  It shall 
 be listed on the label as "inoculant:  expires (month and year)" 
 or wording that conveys the same meaning.  

    Subd. 4.    Hybrid seed corn.  For hybrid seed corn 
 purposes a label shall contain:  

    (a) a statement indicating the number of seeds in the 
 container may be listed along with or in lieu of the net weight 
 of contents; and 

    (b) for each variety of hybrid seed field corn, the day 
 classification as determined by the originator or owner.  The 
 day classification shall approximate the number of days of 
 growing season necessary from emergence of the corn plant above 
 ground to relative maturity and shall conform to the day 
 classification established by the director of the Minnesota 
 agricultural experiment station for the appropriate zone.  

    Subd. 5.    Grass seed.  For grass seed and mixtures of 
 grass seeds intended for lawn and turf purposes, the 
 requirements in clauses (a) to (c) must be met.  

    (a) The label shall contain the percentage by weight of 
 inert matter, up to ten percent by weight except for those kinds 
 specified by rule.  The percentage by weight of foreign material 
 not common to grass seed must be listed as a separate item in 
 close association with the inert matter percentage.  

    (b) If the seed contains no "other crop" seed, the 
 following statement may be used and may be flagged:  "contains 
 no other crop seed."  

    (c) When grass seeds are sold outside their original 
 containers, the labeling requirements are met if the seed is 
 weighed from a properly labeled container in the presence of the 
 purchaser.  

    Subd. 6.    Coated agricultural seeds.  For coated 
 agricultural seeds the label shall contain:  

    (a) percentage by weight of pure seeds with coating 
 material removed; 

    (b) percentage by weight of coating material shown as a 
 separate item in close association with the percentage of inert 
 matter; and 

    (c) percentage of germination determined on 400 pellets 
 with or without seeds.  

    Subd. 7.    Vegetable seeds.  For vegetable seeds 
 prepared for use in home gardens or household plantings the 
 requirements in clauses (a) to (d) apply.  The origin may be 
 omitted from the label.  

    (a) The label shall contain the following:  

    (1) the year for which the seed was packed for sale listed 
 as "packed for (year)," or the percentage of germination and the 
 calendar month and year that the percentages were determined by 
 test; and 

    (2) for vegetable seeds which germinate less than the 
 standard last established by the commissioner:  

    (i) percentage of germination, exclusive of hard seed; 

    (ii) percentage of hard seed, if present; and 

    (iii) the words "below standard" in not less than eight 
 point type and the month and year the percentages were 
 determined by test.  

    (b) The percentage by weight of pure seed may be omitted 
 from a label if the total is more than 90 percent.  

    (c) The percentage by weight of inert matter may be omitted 
 from a label if it is less than ten percent.  

    (d) The labeling requirements for vegetable seeds sold 
 outside their original containers are met if the seed is weighed 
 from a properly labeled container in the presence of the 
 purchaser.  

    Subd. 8.    Flower seeds.  (a) All flower seed labels 
 shall contain:  

    (1) the name of the kind and variety or a statement of type 
 and performance characteristics as prescribed by rules; 

    (2) the year for which the seed was packed for sale listed 
 as "packed for (year)," or the percentage of germination and the 
 calendar month and year that the percentage was determined by 
 test; and 

    (3) for flower seeds which germinate less than the standard 
 last established by the commissioner:  

    (i) the percentage of germination exclusive of hard seed; 
 and 

    (ii) the words "below standard" in not less than eight 
 point type and the month and year this percentage was determined 
 by test.  

    (b) The origin may be omitted from the label. 

    (c) The percentage by weight of pure seed may be omitted 
 from a label if the total is more than 90 percent.  

    (d) The percentage by weight of inert matter may be omitted 
 from a label if it is less than ten percent.  

    HIST: 1983 c 293 s 41