N.Y. Agriculture & Markets Law § 137: Label requirements of all seeds, including lawn-seeding mixtures

§ 137. Label requirements of all seeds, including lawn-seeding

mixtures. Each container of seed which is sold, offered or exposed for

sale, or transported in this state for planting purposes, 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:

A. All seeds except seed potatoes:

1. The name and address of the person who labeled said seed, or who

sells, offers or exposes said seed for sale within this state.

2. If seed has been treated as defined in this article, the commonly

accepted or trade name and/or the purpose of the treatment.

3. If seed has received an application of a substance harmful to

humans or other vertebrates in the quantities used, a warning adequate

to protect the public.

B. All seeds, except tree or shrub seeds and seed potatoes where

percentage of germination, exclusive of hard seed and/or percentage of

hard seed are required to be indicated, the terms "total" or "total

germination and hard seed" may be used, but the term "total germination"

alone may not be used.

C. Agricultural seeds, including lawn-seeding mixtures:

1. In order of their predominance, the name of the kind or kind and

variety, of each agricultural seed component in excess of five per cent

of the whole, and the percentage by weight of each, except that where

more than ten per cent of the whole consists of an aggregate of

agricultural seed components each present in an amount not exceeding

five per cent of the whole, each component in excess of one per cent of

the whole shall be named together with the percentage by weight of each.

2. Where more than one agricultural seed component is named, the word

mixture, mix, or mixed shall be shown conspicuously on the label.

3. Lot number or other lot identification.

4. Percentage by weight of all weed seeds.

5. The name and number of seeds per pound of each kind of noxious weed

seed present.

6. Percentage by weight of agricultural seeds or crop seeds other than

those labeled as components and in addition the commissioner may by

regulation designate certain crop seeds as undesirable lawn seeds and

when present in lawn seed or lawn seeding mixtures, the manner in which

they must be identified on the labeling.

7. The name and number of seeds per pound of rye and hairy vetch

(vicia villosa) seeds when present in seeds of wheat, oats and barley.

8. Percentage by weight of inert matter.

9. For each agricultural seed component:

(a) Percentage of germination, exclusive of hard seed.

(b) Percentage of hard seed, if present.

(c) Calendar month and year test was completed to determine such

percentages.

10. For cool season lawn and turf grasses including Kentucky

bluegrass, red fescue, chewings fescue, hard fescue, tall fescue,

perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial

bentgrass, creeping bentgrass and mixtures thereof:

(a) Calendar month and year the test was completed to determine such

percentages. Oldest test date shall be used.

(b) The statement "Sell by " which may be no more than fifteen

months from the date of test exclusive of the month of test.

11. For agricultural seeds that are coated:

(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 exclusive of coating

material.

(d) Percentage by germination is to be determined on four hundred

pellets with or without seeds.

D. Vegetable seeds:

1. For vegetable seeds in packets for use in home gardens or household

plantings or vegetable seeds in pre-planted containers, mats, tapes, or

other planting devices and for peas, beans, and sweet corn in containers

of one pound or less, and other kinds of vegetable seeds in containers

of one-quarter pound or less

(a) Name of kind and variety of seed;

(b) Lot identification, such as by lot number or other means;

(c) The calendar month and year the germination test was completed and

the statement "Sell by _______", which may be no more than 12 months

from the date of test, exclusive of the month of test; or

the year for which the seed was packaged for sale as "Packed for

_____" and the statement "Sell by _____", which shall be for a calendar

year; or

the percentage germination and the calendar month and year the test

was completed to determine such percentage provided that the germination

test must have been completed within 12 months, exclusive of the month

of test;

(d) For seeds which germinate less than the standard last established

by the commissioner under this article;

(1) Percentage of germination, exclusive of hard seed;

(2) Percentage of hard seed, if present;

(3) The calendar month and year the test was completed and the

statement "Sell by ______," which may be not more than twelve months

from the date of test, exclusive of the month of test, or the percentage

germination and the calendar month and year the test was completed to

determine such percentage, provided that the germination test must have

been completed within twelve months, exclusive of the month of test; and

(4) The words "below standard" in not less than eight-point type.

2. For peas, beans, and sweet corn in containers of more than one

pound and other kinds of vegetable seeds in containers of more than

one-quarter pounds.

(a) Name of kind and variety.

(b) Lot number or other lot identification.

(c) Percentage germination exclusive of hard seeds.

(d) Percentage of hard seed if present.

(e) The calendar month and year test was completed to determine such

percentage; or the year for which the seed was packaged or tested.

E. Flower seeds:

1. For flower seeds in packets prepared for use in home flower

gardens:

(a) For those kinds of flower seeds where there are annual and/or

biennial and/or perennial sorts, a statement in a conspicuous location

on the seed container to indicate whether the seed is of the annual,

biennial, or perennial sort.

(b) Name of the kind and variety or a statement of type and

performance characteristics as prescribed by the commissioner.

(c) The calendar month and year the germination test was completed and

the statement "Sell by ______", which may be no more than 12 months from

the date of test, exclusive of the month of test; or

the year for which the seed was packaged for sale as "Packed for

______" and the statement "Sell by _____", which shall be for a calendar

year; or

the percentage germination and the calendar month and year the test

was completed to determine such percentage, provided that the

germination test must have been completed within 12 months exclusive of

the month of test.

(d) For those kinds of seeds for which standard testing procedures

shall have been adopted, and for which the commissioner shall have

promulgated minimum germination standards as hereinafter specified, and

which germinate less than the standard last established by the

commissioner:

(1) Percentage germination exclusive of hard seed.

(2) The calendar month and year the test was completed to determine

such percentage, or the year for which the seed was packaged or tested.

(3) The words "below standard" in not less than eight-point type.

2. For flower seeds in containers other than packets prepared for use

in home flower gardens.

(a) Name of kind and variety or a statement of type and performance

characteristics as prescribed by the commissioner.

(b) Lot number or other lot identification.

(c) For kinds of seeds for which standard testing procedures shall

have been adopted:

(1) Percentage germination exclusive of hard seed.

(2) Percentage of hard seed if present.

(3) The calendar month and year that test was completed and the

statement "Sell by ," which may be no more than twelve months

from the date of test exclusive of the month of test or the percentage

germination and the calendar month and year the test was completed to

determine such percentage, provided that the germination test must have

been completed within twelve months exclusive of the month of test.

F. Tree and shrub seeds:

(1) The kind of seed and the variety.

(2) The percentage by weight of pure seed.

(3) The percentage of germination.

(4) The year of collection of such seed.

(5) The specific locality (state and county in the United States or

nearest equivalent political unit in the case of foreign countries) in

which the seed was collected.

G. Seed potatoes:

1. Name of variety.

2. U. S. grade or New York state grade of contents.

3. Name and address (or in case of certified seed, the code

designation) of the person who labeled said seed or who sells, offers,

or exposes said seed for sale within this state.

H. For combination mulch, seed and fertilizer products. The word

"combination" followed by the words "mulch-seed-fertilizer (if

appropriate)" must appear on the upper thirty percent of the principal

display panel. The word "combination" must be the largest and most

conspicuous type on the container, equal to or larger than the product

name. The words "mulch-seed-fertilizer" shall be no smaller than

one-half the size of the word "combination" and in close proximity to

the word "combination". These products shall contain a minimum of

seventy percent mulch.

I. For combination seed and fertilizer products. 1. The word

"combination" followed by the words "seed-fertilizer" must appear on the

upper thirty percent of the principal display panel. The word

"combination" must be the largest and most conspicuous type on the

container, equal to or larger than the product name. The words

"seed-fertilizer" shall be no smaller that one-half the size of the word

"combination" and in close proximity to the word "combination".

2. On the analysis label, the percentage by weight of the fertilizer

in the container shall be listed on a separate line as a component of

the inert matter.