Sec. 61.005. LABELING OF VEGETABLE SEED. (a) Each container of vegetable seed that is sold or offered or exposed for sale in this state shall bear or have attached in a conspicuous place a plainly written or printed label in English that provides the information relating to the contents of the container required by this section.
(b) If the container weighs one pound or more, the label shall show:
(1) the name of each kind and variety of vegetable seed component present in excess of five percent of the whole and the percentage by weight of each in order of predominance;
(2) the kind and variety of seed;
(3) the lot number or other lot identification;
(4) the germination and the date of the test to determine germination;
(5) the name and number of noxious weed seeds per pound; and
(6) the name and address of the person who labeled the seed.
(c) If the container weighs less than one pound, the label shall show:
(1) the kind and variety of seed;
(2) the calendar month and year of the germination test or the year for which the seed was packaged;
(3) if the percentage of germination is less than the standard prescribed by rule:
(A) the percentage of germination, exclusive of hard seed;
(B) the percentage of hard seed; and
(C) the words "Below Standard" printed in a size not smaller than eight-point type; and
(4) the name and address of the person who labeled the seed.
(d) The labeling requirements of this section are met if the seed is weighed from a properly labeled container in the presence of the purchaser.
(e) The department by rule may provide that a label show an expiration date in lieu of:
(1) the calendar month and year of a germination test; or
(2) the year for which the seed was packaged.
Acts 1981, 67th Leg., p. 1128, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 151, Sec. 2, eff. May 24, 1985.
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