Idaho Statutes

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 4
                                PURE SEED LAW
    22-415.  LABEL REQUIREMENTS -- AGRICULTURAL, VEGETABLE, FLOWER, TREE AND
SHRUB SEEDS. Before each container of seed is sold, offered for sale, exposed
for sale, or delivered under a contract within this state for sowing purposes,
it shall bear thereon or have attached thereto in a conspicuous place a
plainly written or printed label or tag in the English language, giving the
following information:
    (1)  For agricultural seeds and mixtures:
    (a)  The name of the kind or the kind and variety of each agricultural
    seed component in excess of five percent (5%) of the whole, and the
    percentage by weight of each pure seed. The name of the kind and variety
    shall be on the label of seeds of wheat, barley and dry-edible beans, or
    if any mixture containing any kinds herein listed, the names of the
    varieties shall be listed. When more than one (1) pure seed is present,
    the word "mixture" or the word "mixed" and the name of the mixture shall
    be shown conspicuously on the label. Hybrids shall be labeled as hybrids.
    (b)  Lot number or other lot identification.
    (c)  Origin by state or foreign country, if known. If the origin is
    unknown, that fact shall be stated.
    (d)  Percentage by weight of all other crop seeds combined, none of which
    individually exceeds five percent (5%) of the total weight. If a mixture
    contains no crop seed, that shall be stated or shown.
    (e)  Percentage by weight of inert matter.
    (f)  Percentage by weight of all weed seeds.
    (g)  The name and rate of occurrence per pound of each kind of restricted
    noxious weed seed present. All determinations of noxious weed seeds shall
    be subject to tolerances and methods of determination prescribed in the
    rules and regulations under this chapter.
    (h)  Germination for each named agricultural seed:
         (i)   Percentage of germination, exclusive of hard seed;
         (ii)  Percentage of hard seed, if present;
         (iii) The calendar month and year the test was completed to determine
         the percentages;
         (iv)  A tetrazolium test is deemed sufficient to meet germination
         labeling requirements if the species is included in the director's
         published list.
    (i)  Name and address of the person who labeled the seed, or who sells or
    delivers seed under a contract, or his federal consumer marketing service
    number or agricultural marketing service number.
    (2)  For vegetable seeds in packets or preplanted containers, mats, tapes
or other planting devices:
    (a)  Name of kind of seed;
    (b)  Lot identification;
    (c)  The year for which the seed was packed for sale, or the percentage of
    germination and the calendar month and year the germination test was
    completed.
    (d)  For seeds which germinate less than the standard last established by
    the director in the rules and regulations promulgated under this chapter:
         (i)   Percentage of germination, exclusive of hard seed;
         (ii)  Percentage of hard seed, if present;
         (iii) The calendar month and year the test was completed to determine
         such percentages;
         (iv)  The words "Below Standard" in not less than 8-point type;
         (v)   A tetrazolium test is deemed sufficient to meet germination
         labeling requirements if the species is included in the director's
         published list.
    (e)  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, a statement to indicate the number of seeds in
    each container or net weight.
    (f)  Name and address of the person who labeled the seed, or who sells or
    delivers seed under a contract, or his federal consumer marketing service
    number or agricultural marketing service number.
    (3)  For vegetable seeds, in mixtures, in bulk, or in containers other
than packets and preplanted containers, mats, tape, or other devices:
    (a)  The name of each kind and variety present in excess of five percent
    (5%) of the whole, and the percentage by weight of each in order of
    predominance;
    (b)  Lot identification;
    (c)  Germination for each named vegetable seed:
         (i)   Percentage of germination, exclusive of hard seed;
         (ii)  Percentage of hard seed, if present;
         (iii) The calendar month and year the germination test was completed;
         (iv)  A tetrazolium test is deemed sufficient to meet germination
         labeling requirements if the species is included in the director's
         published list.
    (d)  The labeling requirements for vegetable seeds in containers of more
    than eight (8) ounces shall be satisfied if the seed is weighed from an
    accurately labeled container in the presence of the purchaser.
    (e)  Name and address of the person who labeled  the seed, or his federal
    consumer marketing service number or agricultural marketing service
    number.
    (4)  For flower seeds:
    (a)  The name of the kind and variety or a statement of type and
    performance;
    (b)  The calendar month and year the seed was tested or the year the seed
    was packaged;
    (c)  The name and address of the person who labeled or who sells the seed
    or his federal consumer marketing service number or agricultural marketing
    service number;
    (d)  In packets or preplanted containers, mats, tapes or other planting
    devices, and in addition to the requirements of paragraphs (a) through (c)
    of subsection (4) of this section:
         (i)   The number of seeds or net weight in the container;
         (ii)  The percentage of germination exclusive of hard seed for those
         seeds which germinate less than the germination standards established
         in the rules and regulations promulgated under this chapter; and
         (iii) The words "Below Standard" in not less than 8-point type.
    (e)  In containers other than packets or preplanted containers, mats,
    tapes or other planting devices, and in addition to requirements of
    paragraphs (a) through (c) of subsection (4) of this section:
         (i)   Lot number or other lot identification;
         (ii)  Percentage of germination, exclusive of hard seed, and the
         percentage of hard seed, if present.
    (5)  For tree and shrub seed:
    (a)  Common name of the species;
    (b)  The scientific name of the genus and species;
    (c)  Lot number or other lot identification;
    (d)  Origin, if known.  If the origin is unknown that fact shall be
    stated:
         (i)   For seed collected from a predominantly indigenous stand, the
         area of collection given by latitude and longitude, geographic
         description, or political subdivision;
         (ii)  For seed collected from other than a predominantly indigenous
         stand, identify the area of collection and the origin of the stand,
         or state "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 by the director:
         (i)   Percentage of germination, exclusive of hard seed;
         (ii)  Percentage of hard seed, if present;
         (iii) The calendar year and month the germination test was completed.
    (h)  Transported in bulk, an invoice is sufficient to meet labeling
    requirements when the container is identified with a lot number.
    (i)  The name and address of the person who sells the seed or his federal
    consumer marketing service number or agricultural marketing service
    number.
    (6)  For all agricultural, vegetable, flower, tree and shrub seeds treated
to prevent contamination, infection or disease:
    (a)  A word or statement indicating the seed has been treated;
    (b)  The common or generic name of the applied substance, or description
    of the process used;
    (c)  The appropriate toxicity category signal word and precautionary
    statements which correspond to the toxicity categories set forth in title
    40, code of federal regulations, effective July 1, 1989;
                     Signal Words for Toxicity Categories
Toxicity Category   Signal Word
     I              DANGER
If assigned to toxicity category I on the basis of oral, inhalation or dermal
toxicity, the word "Poison" shall appear in red on a background of distinctly
contrasting color and the skull and crossbones shall appear in immediate
proximity to the word "Poison".
     II             WARNING
     III            CAUTION
     IV             CAUTION
    (d)  When more than one (1) substance is applied, each substance shall be
    noted on the label, and the seed shall be labeled for the substance with
    the higher level of toxicity category; and
    (e)  An expiration date of any inoculant applied to the seed.
    (7)  For agricultural seeds coated with any substance which changes the
size, shape or weight of the original seed:
    (a)  Percentage of pure seeds with coating material removed;
    (b)  Percentage of coating material; and
    (c)  Percentage of germination.
    (8)  The arbitration requirement provided in section 22-436, Idaho Code.

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