Utah Admin. Code R68-8-6 - Treated Seed - Use of Highly Toxic, Moderately Toxic, Low Toxicity Substances, and Labeling of Containers

(1) Any agricultural, vegetable, flower, tree, shrub seed, or a mixture of seeds that have been treated, shall be labeled:

(a) in type no smaller than eight point font to indicate that the seed has been treated; and

(b) to show the name of any substance or a description of any process, other than the application of a substance, used to treat the seed.

(2) The label shall contain the required information in any form that is clearly legible and complies with Section 4-16-201 and 7 CFR Part 201 , Labeling in General. The information may be on the seed analysis tag, on a separate tag, or printed on each container in a conspicuous manner. The label shall contain:

(a) the names of the substances, as follows:

(i) the required name of the substance used in the treatment shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name; and

(ii) commonly accepted coined names are not private trademarks and are available for use by the public and are commonly recognized as names of substances; and

(b) treatment coloring includes any toxic substance used in seed treatment and it shall be distinctly colored to be readily discernible.

(3) Labeling of treated seed shall contain the following;

(a) the name of the treatment substance used labeled according to this rule, and bearing appropriate signal words and warning statements required according to the relative toxicity of the chemicals applied; and

(b) the statement, "Keep out of Reach of Children."

(4) Seed treated with a chemical substance designated by the Environmental Protection Agency or the Commissioner as a highly toxic substance shall be labeled as follows:

(a) to conspicuously show the words, "TREATED SEED," together with the name of the substance, "THIS SEED TREATED WITH (name of substance)," or "(name of substance) TREATED";

(b) in red letters with the signal words, "DANGER-POISON," and a representation of a skull and crossbones, at least twice the size of the type used for the name of the substance;

(c) with additional precautionary statements in red letters stating hazards to humans and other vertebrate animals, special steps, or procedures to avoid poisoning, and wording to inform physicians of proper treatment for poisoning;

(d) any bags, sacks, or other containers of seed that have been or are being used to contain seeds treated with "highly toxic" substances, shall be identified with the words "DANGER-POISON," and a representation of skull and crossbones;

(e) the printing shall be directly printed or impregnated on or into the containers, or applied by other means approved by the department, as to be permanent; and

(f) any container in which seed treated with highly toxic substances has been contained, except for future similar use for seed, may not again be used to contain any food, feed, or agricultural products, without written approval from the department.

(5) Seed treated with a chemical substance designated as moderately toxic, shall be labeled as follows:

(a) with the words, "TREATED SEED," together with the name of the substance, "THIS SEED TREATED WITH (name of substance)" or "(name of substance) TREATED":

(b) with the signal word, "WARNING"; and

(c) with additional precautionary statements describing hazards to humans and other vertebrate animals, and special handling procedures to avoid poisoning shall appear in the labeling.

(6) Seed treated with a chemical designated as a low toxicity, or comparatively free from danger shall be labeled as follows:

(a) with the words, "TREATED SEED" and the name of the substance, "THIS SEED IS TREATED (name of substance)" or "(name of substance) TREATED";

(b) with the signal word, "CAUTION"; and

(c) with additional precautionary statements describing hazards to humans and other vertebrate animals, and special handling procedures to avoid poisoning shall also appear in the labeling.

(7) If a harmful substance is used in seed treatment, and the amount remaining with the seed is toxic to humans or other vertebrate animals, the seed shall be labeled with an appropriate caution statement, such as:

(a) "do not use for food";

(b) "do not use for feed";

(c) "do not use for oil purposes"; or

(d) "do not use for food, feed, or oil purposes".

(8) Any words or terms used on the label that tend to reduce the effectiveness of the warning statements required by Section 4-16-201 and Rule 68-8 are construed to be misleading.

(9) In the case of seed in bulk, the information required on the labels of packaged seeds shall appear on the invoice or other records accompanying and pertaining to the seeds.

(10) This rule shall apply to seed treated by custom applicators, or in a custom manner, even though the transfer of ownership is not intended on the seed.

(11) The kinds of chemicals declared highly toxic, moderately toxic, or low toxicity and their approved uses on seed shall be in conformity with applicable federal laws and regulations. If at any time the federal government prohibits the use of substances on seed or makes other changes affecting seed, then this rule will be modified to the extent necessary to conform to federal laws and regulations.

(12) Seed claimed to be inoculated shall be labeled to show the month and year beyond which the inoculant on the seed is no longer claimed to be effective.

Notes

Utah Admin. Code R68-8-6

Amended by Utah State Bulletin Number 2023-13, effective 6/22/2023