Ariz. Admin. Code § R3-4-402 - Labeling
A. General
requirements:
1. Blank spaces or the words
"free or none" mean "0" and "0.00%" for the purpose of applying the tolerances
prescribed in this Article.
2.
Labeling for purity and germination shall not show higher results than actually
found by test.
3. The terms
"foundation seed," "registered seed," and "certified seed", as defined in the
"Federal Seed Act", are authorized for use on seed certified by a seed
certifying agency under the laws of Arizona as delineated in
R3-4-405.
4. Relabeling. Any person relabeling seed in
its original container shall include the following information on a label or a
replacement date sticker:
a. The calendar
month and year the germination test was completed to determine the germination
percentage and the sell-by date as required by subsection (C)(3)(i)(iv) or
(C)(5)(c)(i),
b. The same lot
designation as on the original labels, and
c. The identity of the person relabeling the
seed if different from the original labeler.
5. Labeling of seed distributed for
wholesale. After seed has been conditioned, a labeler shall ensure the seed is
labeled as follows:
a. When supplied for
retail or directly to a consumer, each bag or bulk lot must be completely
labeled.
b. When supplied for
wholesale, if each bag or other container is clearly identified by a lot number
permanently displayed on the container or if the seed is in bulk, the labeling
of seed may be by invoice.
c. When
supplied for wholesale, if each bag or container is not identified by a lot
number, it must carry complete labeling.
6. Seeds for sprouting. All labels of seeds
sold for sprouting for salad or culinary purposes shall indicate the following
information:
a. Commonly accepted name of
kind or kinds;
b. Lot
number;
c. Percentage by weight of
each pure seed component in excess of 5 percent of the whole, other crop seeds,
inert matter, and weed seeds, if occurring;
d. Percentage of germination of each pure
seed component;
e. Percentage of
hard seed, if present; and
f. The
calendar month and year the germination test was completed to determine the
percentages in subsections (c), (d) and (e).
7. Non-Commercial Seed Sharing. Agricultural,
vegetable, or flower seeds that are distributed for sowing purposes in a
non-com-mercial setting shall bear on each container a plainly written or
printed label or tag in English with the following information:
a. The name of the kind or kinds and variety
of each agricultural, vegetable, or flower seed component present. Hybrids
shall be labeled as hybrids.
b. A
word or statement indicating if the seed has been treated. And if treated, must
be labeled as provided in subsection (C)(2).
c. Some form of reference identification that
provides traceability. Retention of posterity file samples are not
required.
d. Name and city or
address of the non-commercial seed sharing entity.
e. The full name of the donor and calendar
month and year the seed was donated.
f. The seed shall be free of foreign
material, other than coatings or treatments, including germination medium,
mulch, fertilizer, pre-planted containers, mats, tapes or other planting
devices.
g. No distributed
container shall hold more than eight ounces of agricultural seed or four ounces
of vegetable or flower seed.
h.
Germination and purity analysis are not required, however if a germination or
purity percentage is noted on the label, it must be noted whether or not the
analysis was performed according to the Association of Official Seed Analysts
rules for testing seed.
i. At each
location involved with non-commercial seed sharing a legible and visible sign
shall state that the seeds being distributed may not meet germination or
varietal purity standards prescribed by the state seed law. The sign must also
state that patented seed or varieties protected by the Plant Variety Protection
Act will not be accepted or distributed without permission of the certificate
holder. (P.L.
91-577: 84 Stat. 1542;
7 U.S.C. §§
2321 through
2582 as amended December 20, 2018,
https://uscode.house.gov/view.xhtml?path=/prelim@title7/chapter57&edition=prelim.
These materials are incorporated by reference, on file with the Department, and
do not include any later amendments or editions).
B. Kind, variety, or type.
1. All agricultural seeds sold in this state,
except as stated in subsection (B)(2), shall be labeled to include the
recognized variety name or type or the words "Variety not stated." A brand is
not a kind and variety designation and shall not be used instead of a variety
name.
2. All cotton planting seed
sold, offered for sale, exposed for sale, or transported for planting purposes
in this state, shall have a label that includes both kind and
variety.
C. Agricultural,
vegetable, or flower seeds that are sold, offered for sale, or exposed for sale
within this state shall bear on each container a plainly written or printed
label or tag in English. No modifications or disclaimers shall be made to the
required label information in the labeling or on another label attached to the
container. No misleading information shall appear on the label. The label shall
include the following information:
1. For
agricultural, vegetable, and flower seeds that have been treated, the following
is required and may appear on a separate label:
a. Language indicating that the seed has been
treated;
b. The commonly-accepted
chemical name of the applied substance or a description of the process
used;
c. If a substance that is
harmful to human or animals is present with the seed, a caution statement such
as "Do not use for food, feed, or oil purposes." The caution for highly toxic
substances shall be a poison statement and symbol; and
d. If the seed is treated with an inoculant,
the date of expiration, which is the date beyond which the inoculant is not to
be considered effective.
2. For agricultural seeds, except for lawn
and turf grass seed and mixtures of lawn and turf grass seed as provided in
subsection (C)(3); for seed sold on a pure live seed basis as provided in
subsection (C)(7); and for hybrids that contain less than 95 percent hybrid
seed as provided in subsection (C)(8):
a. The
name of the kind and variety for each agricultural seed component in excess of
five percent of the whole and the percentage by weight of each. If the variety
of the kinds generally labeled as a variety designated in this Article is not
stated, the label shall show the name of the kind and the words, "variety not
stated." Hybrid seed shall be labeled as hybrid;
b. Lot number or other lot
identification;
c. Origin of
alfalfa, red clover, and field corn (except hybrid corn) or if the origin is
unknown, a statement that the origin is unknown;
d. Percentage by weight of all weed
seeds;
e. The name and rate of
occurrence per pound of each kind of restricted noxious weed seed
present;
f. Percentage by weight of
agricultural seeds other than those required to be named on the label.
Agricultural seeds may be designated as "crop seeds;"
g. Percentage by weight of inert
matter;
h. The sum total of weight
identified in subsections (a), (d), (f), and (g) shall equal 100
percent;
i. For each named
agricultural seed:
i. Percentage germination,
excluding hard seed;
ii. Percentage
of hard seeds, if present; and
iii.
The calendar month and year the test was completed to determine the
percentages. The statement "total germination and hard seed" may be included
following the percentages required under subsections (i) and (ii).
j. Net weight of seed in the
container or seed count per unit weight; and
k. Name and address of the labeler, or the
person who sells, offers, or exposes the seed for sale within this
state.
3. For lawn and
turf grass seed and lawn and turf grass seed mixtures:
a. For single kinds, the name of the kind or
kind and variety and the percentage by weight.
b. For mixtures, the word "mix, "mixed", or
"mixture" or "blend" shall be stated with the name of the mixture, along with
the commonly accepted name of each kind or kind and variety of each
agricultural seed component in excess of five percent of the whole and the
percentages by weight.
c. The
percentage by weight of each kind of pure seed shall be listed in order of its
predominance and in columnar form. The heading "pure seed" and "germination" or
"germ" shall be placed consistent with generally accepted industry
practices.
d. Percentage by weight
of agricultural seed other than those required to be named on the label which
shall be designated as "crop seed."
e. The percentage by weight of inert matter
for lawn and turf grass shall not exceed ten percent, except that 15 percent
inert matter is permitted in Kentucky bluegrass labeled without a variety name.
Foreign material that is not common to grass seed shall not be added, other
than material used for coating, as in subsection (C)(4), or combination
products, as in subsection (C)(9).
f. Percentage by weight of all weed seeds.
Weed seed content shall not exceed one-half of one percent by weight.
g. The sum total for subsections (a), (b),
(c), (d), (e) and (f) shall equal 100 percent.
h. Noxious weeds that are required by this
Article to be labeled shall be listed under the heading "noxious weed
seeds."
i. For each lawn and turf
seed named under subsection (a) or (b):
i.
Percentage of germination, excluding hard seed;
ii. Percentage of hard seed, if
present;
iii. Calendar month and
year the germination test was completed to determine percentages in subsections
(i) and (ii); and
iv. For seed sold
for retail non-farm usage the statement "sell by (month/year)" which shall be
no more than 15 months from the date of the germination test excluding the
month of the test.
j.
Name and address of the labeler, or the person who sells, offers or exposes the
seed for sale within this state.
4. For coated agricultural, vegetable,
flower, or lawn and turf seeds that are sold by weight:
a. Percentage by weight of pure seeds with
coating material removed;
b.
Percentage by weight of coating material;
c. Percentage by weight of inert material not
including coating material;
d.
Percentage of germination determined on 400 pellets with or without
seeds;
e. All other applicable
requirements in subsections (C)(1), (2), and (3).
5. For vegetable seeds in packets as prepared
for use in home gardens or household plantings or vegetable seeds in
pre-planted containers, mats, tapes, or other planting devices:
a. Name of kind and variety of
seed;
b. Lot identification, such
as by lot number or other means;
c.
One of the following:
i. The calendar month
and year the germination test was completed and the statement "Sell by
(month/year)." The date indicated shall be no more than 15 months from the date
of the test, excluding the month of the test;
ii. The calendar year for which the seed was
packaged for sale as "packed for (year)" and the statement "sell by (year)";
or
iii. The percentage germination
and the calendar month and year the test was completed to determine the
percentage if the germination test was completed within 15 months, excluding
the month of the test;
d.
Name and address of the labeler, or the person who sells, offers, or exposes
the seed for sale within this state;
e. For seeds that germinate less than the
standard established under
R3-4-404(A), (B) and
(C)(i) : percentage of germination, excluding
hard seed; percentage of hard seed, if present; and the words "Below Standard"
in not less than 8-point type;
f.
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.
6. For vegetable seeds in containers other
than packets prepared for use in home gardens, household plantings, pre-planted
containers, mats, tapes, or other planting devices:
a. The name of each kind and variety present
in excess of five percent and the percentage by weight of each in order of its
predominance;
b. Lot number or
other lot identification;
c. For
each named vegetable seed:
i. Percentage
germination, excluding hard seed;
ii. Percentage of hard seed, if present;
and
iii. The calendar month and
year the test was completed to determine the percentages; The statement "Total
germination and hard seed" may be included following the percentages required
under subsections (C)(6)(c)(i) and (C)(6)(c)(ii);
d. Name and address of the labeler, or the
person who sells, offers or exposes the seed for sale within this state;
and
e. The labeling requirements
for vegetable seeds in containers of more than one pound are met if the seed is
weighed from a properly labeled container in the presence of the purchaser.
7. For agricultural
seeds sold on a pure live seed basis, each container shall bear a label
containing the information required by subsection (C)(2), except:
a. The label need not show:
i. The percentage by weight of each
agricultural seed component as required by subsection (C)(2)(a); or
ii. The percentage by weight of inert matter
as required by subsection (C)(2)(g); and
b. For each named agricultural seed, the
label must show instead of the information required by subsection (C)(2)(h):
i. The percentage of pure live seed;
and
ii. The calendar month and year
in which the test determining the percentage of live seed was
completed.
8.
For agricultural and vegetable hybrid seeds that contain less than 95 percent
hybrid seed:
a. Kind or variety shall be
labeled as "hybrid,"
b. The
percentage that is hybrid shall be labeled parenthetically in direct
association following the named variety; for example - comet (85% hybrid),
and
c. Varieties in which the pure
seed contains less than 75 percent hybrid seed shall not be labeled
hybrids.
9. For
combination mulch, seed, and fertilizer products:
a. The word "combination" followed by the
words "mulch - seed - fertilizer", as appropriate, shall appear on the upper 30
percent of the principal display panel. The word "combination" shall be the
largest and most conspicuous type on the container, equal to or larger than the
product name. The words "mulch - seed - fertilizer", as appropriate, shall be
no smaller than one-half the size of the word "combination" and in close
proximity to the word "combination."
b. The products shall not contain less than
70 percent mulch.
c. Agricultural,
flower, vegetable, lawn, and turf seeds placed in a germination medium, mat,
tape, or other device or mixed with mulch shall be labeled as follows:
i. Product name;
ii. Lot number;
iii. Percentage by weight of pure seed of
each kind and variety named. The kind and variety named may be less than 5
percent of the whole;
iv.
Percentage by weight of other crop seeds;
v. Percentage by weight of inert matter,
which shall not be less than 70 percent;
vi. Percentage by weight of weed
seeds;
vii. The total of
subsections (iii), (iv), (v), and (vi) shall equal 100 percent;
viii. Name and number of noxious weed seeds
per pound, if present;
ix. Hard
seed percentage, if present, and percentage of germination of each kind or kind
and variety named and the month and year the test was completed; and
x. Name and address of the labeler or the
person who sells, offers or exposes the product for sale within this
state.
D. Labeling requirements: flowers.
1. For flower seeds in packets prepared for
use in home gardens or household plantings or flower seeds in pre-planted
containers, mats, tapes, or other planting devices:
a. For all kinds of flower seeds:
i. The name of the kind and variety or a
statement of type and performance characteristics as prescribed in subsection
(D)(3); and
ii. Name and address of
the labeler, or the person who sells, offers, or exposes the seed for sale
within this state, and one of the following subsections (D)(1)(a)(iii) through
(v);
iii. The calendar month and
year the germination test was completed and the statement "Sell by
(month/year)." The date indicated shall be no more than 15 months from the date
of the test excluding the month of the test; or
iv. The calendar year for which the seed was
packaged for sale as "packed for (year)" and the statement "sell by (year)";
or
v. The percentage germination
and the calendar month and year the test was completed to determine the
percentage if the germination test was completed within 15 months, excluding
the month of the test.
b.
For kinds of flower seeds for which standard testing procedures are prescribed
by the Association of Official Seed Analysts and that germinate less than the
germination standards prescribed under the provisions of
R3-4-404(B) :
i. Percentage of germination, excluding hard
seeds;
ii. Percentage hard seed, if
present; and
iii. The words "Below
Standard" in not less than eight-point type.
c. For flower 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.
2. For flower
seeds in containers other than packets and other than pre-planted containers,
mats, tapes, or other planting devices and not prepared for use in home flower
gardens or household plantings:
a. The name of
the kind and variety or a statement of type and performance characteristics as
prescribed in subsection (D)(3), and for wildflowers, the genus and species and
subspecies, if appropriate;
b. The
lot number or other lot identification;
c. For wildflower seed with a pure seed
percentage of less than 90 percent:
i. The
percentage, by weight, of each component listed in order of the component's
predominance;
ii. The percentage by
weight of weed seed, if present; and
iii. The percentage by weight of inert
matter;
d. For kinds of
seed for which standard testing procedures are prescribed by the Association of
Official Seed Analysts:
i. Percentage of
germination, excluding hard or dormant seed;
ii. Percentage of hard or dormant seed, if
present; and
iii. The calendar
month and year that the test was completed to determine the percentages in
subsections (D)(2)(d)(i) and (ii);
e. For those kinds of flower seed for which
standard testing procedures are not prescribed by the Association of Official
Seed Analysts, the year of production or collection; and
f. Name and address of the labeler, or the
person who sells, offers, or exposes the flower seed for sale within this
state.
3. Requirements to
label flower seeds with kind and variety, or type and performance
characteristics as prescribed in subsection (D)(1)(a)(i) and (D)(2)(a) shall be
met as follows:
a. For seeds of plants grown
primarily for their blooms:
i. If the seeds
are of a single named variety, the kind and variety shall be stated, for
example, "Marigold, Butterball";
ii. If the seeds are of a single type and
color for which there is no specific variety name, the type of plant, if
significant, and the type and color of bloom shall be indicated, for example,
"Scabiosa, Tall, Large Flowered, Double, Pink";
iii. If the seeds consist of an assortment or
mixture of colors or varieties of a single kind, the kind name, the type of
plant, if significant, and the type or types of bloom shall be indicated. It
shall be clearly indicated that the seed is mixed or assorted. An example of
labeling such a mixture or assortment is "Marigold, Dwarf Double French, Mixed
Colors";
iv. If the seeds consist
of an assortment or mixture of kinds or kinds and varieties, it shall clearly
indicate that the seed is assorted or mixed and the specific use of the
assortment or mixture shall be indicated, for example, "Cut Flower Mixture", or
"Rock Garden Mixture". Statements such as "General Purpose Mixture", "Wonder
Mixture", or any other statement that fails to indicate the specific use of the
seed shall not be considered as meeting the requirements of this subsection
unless the specific use of the mixture is also stated. Containers with over
three grams of seed shall list the kind or kind and variety names of each
component present in excess of five percent of the whole in the order of their
predominance, giving the percentage by weight of each. Components equal to or
less than five percent shall be listed, but need not be listed in order of
predominance. A single percentage by weight shall be given for these components
that are less than five percent of the whole. If no component of a mixture
exceeds five percent of the whole, the statement, "No component in excess of
5%" may be used. Containers with three grams of seed or less shall list the
components without giving percentage by weight and need not be in order of
predominance.
b. For
seeds of plants grown for ornamental purposes other than their blooms, the kind
and variety shall be stated, or the kind shall be stated together with a
descriptive statement concerning the ornamental part of the plant, for example,
"Ornamental Gourds, Small Fruited, Mixed."
E. Label requirement for tree and shrub
seeds. Tree or shrub seeds that are sold, offered for sale, or exposed for sale
within this state shall bear on each container a plainly written or printed
label or tag in English. No modifications or disclaimers shall be made to the
required label information in the labeling or on another label attached to the
container. Labeling of seed supplied under a contractual agreement meets this
requirement if the shipment is accompanied by an invoice or by an analysis tag
attached to the invoice if each bag or other container is clearly identified by
a lot number permanently displayed on the container or if the seed is in bulk.
Each bag or container not clearly identified by a lot number must carry
complete labeling. The label shall include the following information:
1. For tree and shrub seeds that have been
treated, the following may appear on a separate label:
a. Language indicating that the seed has been
treated;
b. The commonly accepted
chemical name of the applied substance or description of the process
used;
c. If the substance is
harmful to human or animals, a caution statement such as "do not use for food
or feed or oil purposes". The caution for highly toxic substances shall be a
poison statement and symbol; and
d.
If the seed has been treated with an inoculant, the date of expiration, which
is the date the inoculant is no longer considered effective;
2. For all tree and shrub seeds
subject to this Article:
a. Common name of
the species of seed and if appropriate, the subspecies;
b. The scientific name of the genus and
species and if appropriate, the subspecies;
c. Lot number or other lot
identification;
d. Origin.
i. For seed collected from a predominantly
indigenous stand, the area of collection given by latitude and longitude, a
geographic description, or identification of a political subdivision, such as a
state or county; or
ii. For seed
collected from other than a predominantly indigenous stand, identification of
the area of collection and the origin of the stand, or the statement "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 listed under
R3-4-404 (C), the following apply
except as provided in subsection (E)(2)(h):
i. Percentage germination excluding hard
seed;
ii. Percentage of hard seed,
if present;
iii. The calendar month
and year the test was completed to determine the percentages in subsection
(E)(2)(g)(i) and (ii);
h.
Instead of complying with subsections (E)(2)(g)(i), (ii), and (iii), the seed
may be labeled, "Test is in process, results will be supplied upon
request";
i. For those species for
which standard germination testing procedures have not been prescribed, the
calendar year in which the seed was collected; and
j. Name and address of the labeler, or the
person who sells, offers, or exposes the seed for sale within this
state.
F.
Hermetically sealed seed shall meet the following requirements as prescribed in
the "Federal Seed Act:"
1. The seed shall have
been packaged within nine months of harvest;
2. The container used shall not allow water
vapor penetration through any wall, including the seals, greater than 0.05
grams of water per 24 hours per 100 square inches of surface at 100°F with
a relative humidity on one side of 90 percent and on the other side 0 percent.
Water vapor penetration (WVP) is measured in accordance with the U.S. Bureau of
Standards as: gm H20/24 hr/ 100 sq in/ 100°F /90% RHV 0% RH;
3. The seed in the container shall not exceed
the percentage of moisture, on a wet weight basis, as listed below:
a. Agricultural Seeds,
vi.
vii.
Ryegrass, Annual: 8.0;
vii.
viii. Ryegrass,
Perennial: 8.0; and
viii.
ix. All Others: 6.0;
i. Beet, Field: 7.5;
ii. Beet, Sugar: 7.5;
iii. Bluegrass, Kentucky: 6.0;
iv. Clover, Crimson: 8.0;
v. Fescue, Red: 8.0;
vi. Mustard, India: 5.0;
ix. Mixture of Above:
8.0;
b.
Vegetable Seeds,
i. Bean, Garden:
7.0;
ii. Bean, Lima: 7.0;
iii. Beet: 7.5;
iv. Broccoli: 5.0;
v. Brussels Sprouts: 5.0;
vi. Cabbage: 5.0;
vii. Carrot: 7.0;
viii. Cauliflower: 5.0;
ix. Celeriac: 7.0;
x. Celery: 7.0;
xi. Chard, Swiss: 7.5;
xii. Chinese Cabbage: 5.0;
xiii. Chives: 6.5;
xiv. Collards: 5.0;
xv. Corn, Sweet: 8.0;
xvi. Cucumber: 6.0;
xvii. Eggplant: 6.0;
xviii. Kale: 5.0;
xix. Kohlrabi: 5.0;
xx. Leek: 6.5;
xxi. Lettuce: 5.5;
xxii. Melon: 6.0;
xxiii. Mustard, India: 5.0;
xxiv. Onion: 6.5;
xxv. Onion, Welsh: 6.5;
xxvi. Parsley: 6.5;
xxvii. Parsnip: 6.0;
xxviii. Pea: 7.0;
xxix. Pepper: 4.5;
xxx. Pumpkin: 6.0;
xxxi. Radish: 5.0;
xxxii. Rutabaga: 5.0;
xxxiii. Spinach: 8.0;
xxxiv. Squash: 6.0;
xxxv. Tomato: 5.5;
xxxvi. Turnip: 5.0;
xxxvii. Watermelon: 6.5; and
xxxviii. All others: 6.0.
4. The container shall
be conspicuously labeled in not less than 8-point type to indicate:
a. That the container is hermetically
sealed,
b. That the seed has been
preconditioned as to moisture content, and
c. The calendar month and year in which the
germination test was completed; and
5. The germination percentage of the seed at
the time of packaging shall have been equal to or higher than the standards
specified elsewhere in subsection R3-4-404.
Notes
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