(1) Form. The analysis tag or label shall
carry the information required by Section
578.09, F.S., in substantially
the following form:
(a) For agricultural seed:
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(b) For mixed agricultural seeds:
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(c) For coated agricultural seed:
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(d) For combination mulch, seed, and
fertilizer products:
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(e) Vegetable seeds in packets which
germinate above standard:
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(f) Vegetable seeds in packets which
germinate below standard:
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(g) Vegetable seeds other than packet seeds:
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(h) Flower seeds in packets that germinate
above standard:
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(i) Flower seeds in packets that germinate
below standard:
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(j) Flower seeds in containers other than
packets, pure seed percentage below 90%:
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(k) Flower seeds in containers other than
packets, pure seed percentage above 90%:
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(l) For tree or shrub seed:
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(2) The maximum percent of seed moisture for
hermetically sealed containers of agricultural or vegetable seed, shall be as
follows:
|
Family/Kind
|
Maximum percent Seed Moisture
|
|
1. Chenopodiaceae
|
|
|
a. Beet, chard
|
7.5
|
|
b. Spinach
|
8.0
|
|
2. Astercaeae - Lettuce
|
5.5
|
|
3. Brassicaceae
|
|
|
a. Cabbage, broccoli, cauliflower, collard,
|
|
|
b. Chinese cabbage, kale, turnip, rutabaga,
|
|
|
c. Kohlrabi, Brussels sprouts, mustard, radish
|
5.0
|
|
4. Cucurbitaceae
|
|
|
a. Cucumber, muskmelon, squash, pumpkin
|
6.0
|
|
b. Watermelon
|
6.5
|
|
5. Poaceae
|
|
|
a. Sweet corn
|
8.0
|
|
b. Kentucky bluegrass
|
6.0
|
|
c. Creeping red fescue
|
8.0
|
|
d. Annual ryegrass
|
8.0
|
|
e. Perennial ryegrass
|
8.0
|
|
6. Fabaceae
|
|
|
a. Snap bean, lima bean, pea
|
7.0
|
|
b. Crimson clover
|
8.0
|
|
7. Amaryllidaceae - Onion, leek, chive, Welsh
onion
|
6.5
|
|
8. Solanaceae
|
|
|
a. Tomato
|
5.5
|
|
b. Pepper
|
4.5
|
|
c. Eggplant
|
6.0
|
|
9. Apiaceae
|
|
|
a. Carrot, celery, celeriac
|
7.0
|
|
b. Parsnip
|
6.0
|
|
c. Parsley
|
6.5
|
|
10. All other agricultural or vegetable seed not
listed above
|
6.0
|
(3)
The term "container" includes, bin, box, bag, barrel or bulk
receptacle.
(4) All information
required on the seed analysis tag or label shall be identified and placed on
one side of the tag or label without intervening matter. No other information
or matter shall be placed on this side of the tag or label unless such
information is distinguished from the analysis labeling.
(5) Analysis tag or label for agricultural
seed shall show a complete analysis, and the complete purity analysis shall
total one hundred percent (100%). Blank spaces on a form tag shall be deemed to
imply the word "None" when such interpretation is reasonable. Either numerals
or the word "None" should be used to express a percentage or numbers per
pound.
(6) The name of the kind and
variety of seed shall not be abbreviated, but shall be written in the words,
symbols or figures as expressed by the breeder's designation of the
seed.
(7) The place of origin shall
not be used in connection with the name of variety or kind of seed, unless it
is a part of the generally accepted name of kind or variety. Modifying words or
phrases shall not be used in connection with the variety - as for example, "for
forage purposes, " etc.; nor shall brand names be used as varietal
names.
(8) Upon expiration of each
germination test period as prescribed by subections 578.09(2), (5), (6), (7),
(8) and subsection 578.092(3)
F.S., a new test shall be made and the result thereof, together with the date
when same was completed, shall be shown on the label or tag attached to the
container of such seed (a new label or tag is recommended).
(9) Different varieties of the same kind of
seed, when in quantities of less than five percent (5%), will be shown on the
label or tag as other crop seed.
(10) Hybrid varieties of seed shall be
labeled with the word "Hybrid" as required by section
578.09, F.S.
Examples:
|
(a) Hybrid Oshkosh Alfalfa
|
85.00%
|
|
other Alfalfa
|
14.50%
|
|
Inert matter
|
.25%
|
|
Other crop seed
|
.15%
|
|
Weed seed
|
.10%
|
|
(b) Hybrid Wintergreen Cabbage
|
85.00%
|
|
other Cabbage
|
14.00%
|
|
Inert matter
|
1.00%
|
|
Other crop seed
|
.00%
|
|
Weed seed
|
.00%
|
(11)
The following wording will comply with the requirements of Section
578.26(1)(c),
F.S., when printed on the analysis tag or label attached to the seed at the
time of purchase by the buyer:
Notice: As a prerequisite to maintaining a legal action based
upon the failure of seed to which this label is attached to produce as
represented, a sworn complaint shall be made to the department within such time
as to permit inspection of the crops, plants, or trees, accompanied by the
required filing fee, and a copy of the complaint shall be sent to the seller by
certified mail, in accordance with Section
578.26,
F.S.
Notes
Fla. Admin.
Code Ann. R. 5E-4.002
Rulemaking Authority 578.11(2) FS. Law Implemented
578.11(2), 578.09, 578.28, 578.092 FS.
Amended 11-21-69,
12-1-70, 9-30-72, 3-1-73, Formerly 5E-4.02, Amended 3-4-93, 6-14-95, Amended by
Florida
Register Volume 45, Number 123, June 25, 2019 effective
7/7/2019.
New 11-21-69, Amended 12-1-70, 9-30-72, 3-1-73, Formerly
5E-4.02, Amended 3-4-93, 6-14-95,
7-7-19.
