§ 3.1-264. (Repealed effective October 1, 2008) Labeling and advertising requirements
All seed defined under § 3.1-263 of this article which are sold, exposed for sale, transported, or advertised within this Commonwealth for sowing purposes, or screenings for any purpose whatsoever, shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving information as herein specified, which statement may not be modified or denied in the labeling or advertisement pertaining to such seed or screenings.
(A) For all seed named and treated as defined in this article (for which a separate label may be used) for seed within this subsection the information shall include:
(1) a word or statement indicating that the seed has been treated;
(2) the commonly accepted, coined, chemical or abbreviated chemical (generic) name of the applied substance or treatment; and
(3) a caution statement such as "Do not use for food or feed or oil purposes" if any substance in the amount present is harmful to human or other vertebrate animals. The caution for mercurials and similar toxic substances shall be a poison statement or symbol.
(B) For agricultural seeds the information shall include:
(1) the recognized name of each kind, or kind and variety if that kind has been adopted by the Board through regulation as a kind that shall be labeled as to variety in accordance with § 3.1-271(6), of each agricultural seed component in excess of five percent of the whole, and the percentage by weight of each in order of its predominance as specified by regulation; except mixtures may be sold by kind name, and agricultural seed may be sold by kind name provided such sale is not for the production of an agricultural crop and the label clearly indicates "NOT FOR AGRICULTURAL PRODUCTION";
(2) Whenever any provision of this article or regulation adopted thereto requires the guarantor to name more than one agricultural seed component, the guarantor shall cause the word "mixture" or "mixed" to appear conspicuously on the label;
(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 or pound, or metric equivalent of each kind of restricted noxious-weed seed present, subject to subdivision I (A) (5) of § 3.1-265;
(7) the percentage by weight of agricultural seeds and of vegetable seeds other than the kind or kind and variety named on the label. Such information may be designated as "other crop seed," as "other variety," or as both as the case may be;
(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 hard or dormant seed, if present;
(c) the calendar month and year the test was completed to determine such percentages; and
(d) the "total germination" and "hard seed" may be stated as such, if desired, following the information required by items (a) and (b) of this subdivision. The guarantor shall state separately on the label the percent of dormant seed.
(10) the recognized hybrid designation, for all hybrids;
(11) the quantity statement; and
(12) the name and address of (a) the person who sells or who labels, offers or exposes said seed for sale within this Commonwealth or (b) the person to whom the seed is sold or shipped for resale and in either case a code designation approved by the Board under regulations authorized by § 3.1-271, indicating the person who transports or delivers for transportation said seed in interstate commerce.
(C) For vegetable seeds in containers of one half pound or less the information shall include:
(1) the name of kind and variety of seed;
(2) the year for which packeted or put up, provided that the words "packed for" shall precede the year, or the percentage of germination and the month and year the test was completed to determine such percentage;
(3) the quantity statement, except as provided by appropriate regulations;
(4) for seeds which germinate less than the standard last established by regulations promulgated pursuant to the provisions of this article:
(a) the percentage of germination, exclusive of hard or dormant seed;
(b) the percentage of hard or dormant seed, if present;
(c) the calendar month and year the test was completed to determine the percentages in items (a) and (b) of this subdivision;
(d) Following (a) and (b) the "total germination" and "hard seed" may be stated as such, if desired, following the information in items (a) and (b) of this subdivision. The guarantor shall state separately on the label the percentage of dormant seed;
(e) the words "below standard" in not less than eight-point type; and
(5) the name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within this Commonwealth.
(D) For vegetable seeds in bulk or in containers of more than one half pound, the information shall include:
(1) the name of each kind and variety present in excess of five percent of the whole 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 hard or dormant seed, if present;
(c) the calendar month and year the test was completed to determine the percentages in items (a) and (b) of this subdivision; and
(d) following (a) and (b) the "total germination" and "hard seed" may be stated as such, if desired. The guarantor shall state separately on the label the percent of dormant seed.
(4) the quantity statement, except when in bulk;
(5) the name and address of the person who sells, or who labels, offers, or exposes for sale, such seed within this Commonwealth; and
(6) the labeling requirements of items (1) through (5) of this subsection for vegetable seeds sold from open containers shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.
(E) For screenings, the information shall include:
Seeds or screenings which contain more than two percent by weight weed seeds, prohibited noxious-weed seeds or restricted noxious-weed seeds in excess of the amounts prescribed by regulations promulgated under this article when offered for sale or distribution in this Commonwealth must be plainly labeled in such a way as to indicate to the purchaser that such seeds or screenings are not for seeding purposes.
(F) For seeds in preplanted containers, mats, tapes, or other planting devices the information shall include:
(1) for all kinds of flower seeds:
(a) the name of the kind and variety or a statement of type and performance characteristics, as prescribed in the regulations promulgated pursuant to the provisions of this article;
(b) the calendar month and year seed was tested or the year for which the seed was packaged;
(c) the quantity statement, except as otherwise provided by appropriate regulations;
(d) the name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within this Commonwealth; and
(e) other special labeling requirements as determined by the Board.
(2) for seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established by regulations promulgated pursuant to the provisions of this article:
(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 device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.
(G) For flower seeds in containers other than packets prepared for use in home flower gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices the information shall include:
(1) the name of the kind and variety or a statement of type and performance characteristics as prescribed in rules and regulations promulgated pursuant to the provisions of this article;
(2) the lot number or other lot identification;
(3) the calendar month and year that the seed was tested, or the year for which the seed was packaged;
(4) the quantity statement, except as provided by appropriate regulations;
(5) the name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within this Commonwealth; and
(6) for those kinds of seed for which standard testing procedures are prescribed:
(a) the percentage of germination exclusive of hard seed; and
(b) the percentage of hard or dormant seed, if present.
(H) For tree and shrub seeds the information shall include:
(1) the commonly accepted common and Latin name of species;
(2) the variety (if applicable);
(3) the quantity statement;
(4) the number;
(5) the calendar year in which seed was collected;
(6) the origin: The specific locality (state and county, or Virginia zone, in the United States or nearest equivalent political unit in case of foreign countries) in which seed was collected;
(7) the date of test (month and year);
(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 hard seeds, if present;
(13) the speed of germination, expressed in terms of the number of days the seeds will take to reach ninety 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 labeled said seed or who sells, offers, or exposes said seed for sale within this Commonwealth.
(I) For lawn or turf seed mixtures in prepacked containers of one hundred pounds or less the information shall include:
(1) the recognized name of each kind, or kind and variety, of each agricultural seed component in excess of five percent of the whole, and the percentage by weight 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 restricted noxious-weed seeds present, subject to subdivision I (A) (5) of § 3.1-265;
(6) the percentage by weight of other agricultural seeds not claimed in the formula;
(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 hard seed, if present;
(c) the calendar month and year the test was completed to determine the percentages in items (a) and (b) of this subdivision; provided, however, the date of the first test of the components may be given for the entire mixture.
(9) the quantity statement; and
(10) the name and address of (a) the person who sells or who labels, offers, or exposes said seed for sale within this Commonwealth or (b) person to whom the seed is sold or shipped for resale, together with the code designation approved by the Board under regulations authorized by § 3.1-271, indicating the person who transports or delivers for transportation said seed.
(Code 1950, § 3-219.3; 1958, c. 483; 1966, cc. 9, 702; 1994, c. 577.)
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