{"data":{"id":"us-ky/krs-250.041","jurisdiction":"us-ky","citation":"KRS 250.041","heading":"Labeling requirements.","body":"(1) Every lot of agricultural seed, when in bulk or a container of one (1) pound or more,\nor in the case of tobacco seed of one -twelfth (1/12) ounce or more; each packet or\nother container of vegetable or flower seed; each preplanted container, mat, tape, or\nother planting device containing vegetable or flower seed; and each container of a\ncombination mulch, seed, and fertilizer product distributed in Kentucky for planting\npurposes shall bear or have attached in a conspicuous place a plainly written or\nprinted label in the English language providing the information stipulated in\nsubsection (10) of this section.\n(2) Labels shall be obtained as described in KRS 250.051.\n(3) The label specified in this section shall be delivered to the purchaser with every\ndistribution of agricultural seed, if the distribution amounts to one (1) pound or\nmore, whether the distribution is in bulk or in package.\n(4) Seed remaining in the inventory of a retail agricultural seed dealer or a permit\nholder after the germination test has e xpired shall be removed from sale or\nrelabeled. New tags are preferred for relabeling, but new percentages of\ngermination, hard seeds, or dormant seed and the new date of germination test may\nbe entered on the tags or labels previously attached to the cont ainer if inserted in a\nway to be clearly legible and the old percentages of germination, hard seeds, or\ndormant seed and date of test are completely obliterated. The person upon whose\npremises the seed is located shall be held responsible for obtaining the  new\ngermination test and for subsequent relabeling of the seed.\n(5) Labeling of seed supplied to or owned by a permit holder may be a single tag or\nlaboratory report accompanying the invoice, if each bag or other container is clearly\nidentified by a lot number stenciled or taped on the container. Each bag or container\nthat is not so identified shall carry complete labeling.\n(6) All soybean seed, except black soybean (hay bean) seed shall be labeled by variety\nname.\n(7) All tobacco seed or winter rape (Cano la) seed shall be certified by the Kentucky\nSeed Improvement Association (KSIA) or by the agency responsible for\ncertification in the state, province, or country where the seed originated, but only if\nthe standards there are not lower than KSIA standards.\n(8) The label for treated seed shall provide the following as additional information:\n(a) A word or statement indicating that the seed has been treated;\n(b) The commonly accepted coined, chemical, or abbreviated chemical (generic)\nname of the applied substance or description of the process used;\n(c) A caution statement such as \"Do not use for food, feed, or oil purposes\" if the\nsubstance in the amount present with the seed is harmful to human or other\nvertebrate animals. The caution for mercurials and simil arly toxic substances\nshall be a poison statement or symbol; and\n(d) The expiration date if the treatment is an innoculant.\n(9) The label for agricultural seed which have been pelleted or coated shall provide the\nfollowing as additional information:\n(a) Percentage by weight of pure seed with pelleting or coating material removed;\n(b) Percentage by weight of pelleting or coating material;\n(c) Percentage by weight of inert material exclusive of pelleting or coating\nmaterial; and\n(d) Percentage of germination, which is to be determined on four hundred (400)\npellets.\n(10) Labels giving the following information, which statement shall not be modified or\ndenied in the labeling or on another label attached to the container, shall be used:\n(a) For agricultural seed, except for cool season grass seed and seed mixtures as\nprovided in paragraph (b) of this subsection, when in bulk or a container of\none (1) pound or more or in the case of tobacco seed of one -twelfth (1/12)\nounce or more:\n1. The name and address of the person who labeled the seed;\n2. The name of the kind and variety for each agricultural seed component\npresent in excess of five percent (5%). If the variety of those kinds\ngenerally labeled as to variety as designated in the adminis trative\nregulations promulgated under KRS 250.021 to 250.111 is not known,\nthe label shall show the kind and the words \"Variety Unknown.\" If the\nvariety of those kinds generally labeled as to variety as designated in the\nadministrative regulations promulga ted under KRS 250.021 to 250.111\nis not stated, the label shall show the kind and the words \"Variety Not\nStated\" or \"VNS.\" Hybrid designations, when applicable, shall be used\nin place of variety names. If more than one (1) component is present in\nexcess of  five percent (5%), the word \"mixed,\" \"mixture,\" or \"blend\"\nshall be stated with the name of the mixture or blend, and each\ncomponent shall be listed in columnar form in order of its prominence;\n3. Lot number or other lot identification;\n4. Percentage by weight of all weed seed;\n5. The name and rate of occurrence per pound of each kind of restricted\nnoxious weed seed present;\n6. Percentage by weight of crop seed;\n7. Percentage by weight of inert matter;\n8. The totality of pure seed, weed seed, crop seed, an d inert matter\ndescribed in subparagraphs 2., 4., 6., and 7. of this paragraph shall total\none hundred percent (100%); and\n9. For each named agricultural seed:\na. Percentage of germination, exclusive of hard or dormant seed;\nb. Percentage of hard or dormant seed, if present;\nc. Origin (state or foreign country); and\nd. The calendar month and year in which the germination test was\ncompleted;\n(b) For cool season grasses, including but not limited to Kentucky bluegrass, red\nfescue, chewings fescue, hard fescue , tall fescue, perennial ryegrass,\nintermediate ryegrass, annual ryegrass, colonial bentgrass, creeping bentgrass,\nand mixtures of the grasses:\n1. For single kinds, the name of the kind and variety shall be listed. If the\nvariety of those kinds generally labeled as to variety as designated in the\nadministrative regulations promulgated under KRS 250.021 to 250.111\nis not known, the label shall show the kind and the words \"Variety\nUnknown.\" If the variety of those kinds generally labeled as to variety as\ndesignated in the administrative regulations promulgated under KRS\n250.021 to 250.111 is not stated, the label shall show the name and the\nkind with the words \"Variety Not Stated\" or \"VNS\";\n2. For mixtures:\na. The word \"mix,\" \"mixed,\" \"mixture,\" or \"blend\" sha ll be stated\nwith the name of the mixture;\nb. The heading \"Pure Seed,\" \"Germination,\" or \"Germ\" shall be used\nin the proper places; and\nc. The commonly accepted name of the kind, or kind and variety, of\neach agricultural seed component in excess of five pe rcent (5%) of\nthe whole, and the percentage by weight of pure seed shall be\nwritten in order of its predominance and in columnar form. If the\nvariety of those kinds generally labeled as to variety as designated\nin the administrative regulations promulgated  under KRS 250.021\nto 250.111 is not stated, the label shall show the name of the kind\nand the words \"Variety Not Stated\";\n3. The percentage by weight of crop seed;\n4. The percentage by weight of inert matter;\n5. The percentage by weight of all weed seeds;\n6. The totality of pure seed, pure seed mix, crop seed, inert matter, and\nweed seed described in subparagraphs 1., 2., 3., 4., and 5. of this\nparagraph shall total one hundred percent (100%);\n7. The name and rate of occurrence per pound of each kind of re stricted\nnoxious weed seed present;\n8. For each cool season grass seed named under subparagraphs 1. and 2. of\nthis paragraph:\na. The percentage of germination, exclusive of hard seed;\nb. The percentage of hard seed, if present;\nc. The calendar month and ye ar the test was completed to determine\nsuch percentages; and\nd. The test to determine the percentage of germination shall be\ncompleted within a fifteen (15) month period immediately prior to\nsale, exposure for sale, or offering for sale or transportation,\nexclusive of the calendar month in which the test was completed;\nand\n9. The name and address of the person who labeled the seed;\n(c) For vegetable seed in packets as prepared for use in home gardens or\nhousehold plantings or vegetable seed in preplanted containers, mats, tapes, or\nother planting devices:\n1. The name and address of the person who labeled the seed;\n2. Name of kind and variety of seed;\n3. Lot identification, such as by lot number or other means;\n4. The year for which the seed was packed for distribution as \"Packed for --\n----\" or the percentage germination and the calendar month and year the\ntest was completed to determine such percentage;\n5. For seed which germinate less than the standard last established by the\ndirector under KRS 250.021 to 250.111:\na. Percentage of germination, exclusive of hard seed;\nb. Percentage of hard seed, if present; and\nc. The words \"Below Standard\" in not less than eight (8) point type;\nand\n6. For vegetable seed placed in a germination medium, mat, tape, or other\ndevice in a way to make it difficult to determine the quantity of seed\nwithout removing the seed from the medium, mat, tape, or device, a\nstatement to indicate the minimum number of seed in the container;\n(d) For vegetable seed in containers other than packets  prepared for use in home\ngardens or household plantings and other than preplanted containers, mats,\ntapes, or other planting devices:\n1. The name and address of the person who labeled the seed;\n2. The name of each kind and variety present in excess of five percent (5%)\nand the percentage by weight of each in order of its predominance;\n3. Lot number or other lot identification; and\n4. For each named vegetable seed:\na. Percentage of germination, exclusive of hard seed;\nb. Percentage of hard seed, if present; and\nc. The calendar month and year the test was completed to determine\nthe percentages.\nThe labeling requirements for vegetable seed in containers of more than one\n(1) pound shall be deemed to have been met if the seed is weighed from a\nproperly labeled container in the presence of the purchaser;\n(e) For flower seed in packets prepared for us e in home gardens or household\nplantings, or flower seed in preplanted containers, mats, tapes, or other\nplanting devices:\n1. The name and address of the person who labeled the seed;\n2. The name of the kind and variety or a statement of type and performance\ncharacteristics as prescribed in administrative regulations promulgated\nunder the provisions of KRS 250.021 to 250.111;\n3. The calendar month and year the seed was tested or the year for which\nthe seed was packaged;\n4. If seed are of those kinds for whic h standard testing procedures are\nprescribed and which germinate less than the germination standard last\nestablished under the provisions of KRS 250.021 to 250.111:\na. Percentage of germination, exclusive of hard seed; and\nb. The words \"Below Standard\" in not less than eight (8) point type;\nand\n5. If seed are in a germination medium, mat, tape, or other device in a way\nto make it difficult to determine the quantity of seed without removing\nthe seed from the medium, mat, tape, or device, a statement to indic ate\nthe minimum number of seed in the container;\n(f) For flower seed in containers other than packets prepared for use in home\nflower gardens or household plantings and other than preplanted containers,\nmats, tapes, or other planting devices:\n1. The name and address of the person who labeled the seed;\n2. The name of the kind and variety or a statement of type and performance\ncharacteristics as prescribed in administrative regulations promulgated\nunder the provisions of KRS 250.021 to 250.111;\n3. The lot number or other lot identification;\n4. The calendar month and year that the seed was tested or the year for\nwhich the seed was packaged; and\n5. If seed are of a kind for which standard testing procedures are\nprescribed:\na. Percentage of germination, exclusive of hard seed; and\nb. Percentage of hard seed, if present; and\n(g) For combination mulch, seed, and fertilizer products:\n1. The name and address of the person who labeled the seed;\n2. The word \"combination\" followed by the words \"mulch - seed -\nfertilizer\" (if appropriate) shall appear on the upper thirty percent (30%)\nof the principal display panel. The word \"combination\" shall be the\nlargest and most conspicuous type on the container, equal to or larger\nthan the product name. The words \"mulch - seed - fertilizer\" shall be no\nsmaller than half the size of the word \"combination\" and in close\nproximity to the word \"combination.\" These products shall contain a\nminimum of seventy percent (70%) mulch; and\n3. Agricultural, lawn, and turf seed placed in a germinat ion medium, mat,\ntape, or other device or mixed with mulch shall, in addition, be labeled\nas follows:\na. Product name;\nb. Lot number;\nc. Percentage by weight of pure seed of each kind and variety named\nwhich may be less than five percent (5%) of the whole;\nd. Percentage by weight of crop seed;\ne. Percentage by weight of inert matter which shall not be less than\nseventy percent (70%);\nf. Percentage by weight of weed seed;\ng. Name and number of noxious weed seed per pound, if present; and\nh. Percentage of germination and hard seed (if appropriate) of each\nkind or kind and variety named and date of test.","path":["KRS Chapter 250"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45020","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:02Z","sha256":"71cc07c660562699fa6bfa0d5f414cc0d1d4b8fe42b15a14d69f58f7e5c990ac","source_id":"us-ky","stale":false,"prev":"us-ky/krs-250.040","next":"us-ky/krs-250.042"},"notice":"GroundRules: Original legal text. Not legal advice."}