38-12A-4. Label required for containers of vegetable seeds in planting devices--Contents. Each container of vegetable seeds, or of vegetable seeds in preplanted containers, mats, tapes, or other planting devices, which is sold, offered for sale, or exposed for sale, held for storage, or transported within this state with the intent to sell for sowing purposes shall bear or have attached in a conspicuous place a plainly written or printed label giving the following information:

(1) The name of the kind and variety for each vegetable seed component in excess of five percent of the whole and the percentage by weight of each in order of its predominance. Mixtures shall be listed on the label using the term "mixture," "mixed," or "mix."

(2) Hybrids shall be labeled as hybrid except if the pure seed contains less than seventy-five percent hybrid seed. If the percentage of hybrid seed is greater that seventy-five percent but less than ninety-five percent the percentage of hybrid shall be labeled parenthetically following the variety;

(3) Lot number or other lot identification;

(4) Percentage by weight of all weed seed when present;

(5) Name and rate of occurrence of each kind of restricted noxious weed seed if present, listed under the heading "noxious weed seeds";

(6) Name and address of the seedsman or seed producer who labeled the seed;

(7) For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices:

(a) The year for which the seed was packed for sale as "packed for ______" or the percentage germination and the calendar month and year the test was completed to determine such percentage, or an expiration date;

(b) For vegetable seeds which germinate less than the standards prescribed by the secretary pursuant to § 38-12A-20:

(i) Percentage of germination, exclusive of hard and dormant seed;

(ii) Percentage of hard and dormant seed, if present;

(iii) The words "Below standards" in not less than eight-point type;

(c) 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;

(8) For each named vegetable seed in containers other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(a) Percentage germination exclusive of hard and dormant seed;

(b) Percentage of hard and dormant seed, if present;

(c) The calendar month and year the test was completed to determine such percentages.Source: SL 1988, ch 314, § 4; SL 1989, ch 30, § 66.