FEDERAL SEED ACT REQUIREMENTS

• Citation: 7 CFR Part 201
• Sections: 111

§ 201.1 Meaning of words.

Words in the regulations in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand.

§ 201.2 Terms defined.

When used in the regulations in this part the terms as defined in section 101 of the Act, unless modified in this section as provided in the Act, shall apply with equal force and effect. In addition, as used in this part:

(a) The Act. The term “Act” means the Federal Seed Act approved August 9, 1939 (53 Stat. 1275; 7 U.S.C. 1551-1611 as amended);

(b) Person. The term “person” includes an individual partnership, corporation, company, society, association, receiver, trustee, or agent;

(c) Secretary. The term “Secretary” means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead;

(d) Hearing Clerk. The term “Hearing Clerk” means the Hearing Clerk, United States Department of Agriculture, Washington, DC;

(e) Respondent. The term “respondent” means a person against whom a complaint is issued;

(f) Examiner. The term “examiner” means an employee of the Department of Agriculture, designated by the Secretary to conduct hearings under the Act, and this part;

(g) Federal Register. The term “ Federal Register ” means the publication provided by the Act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto and amendatory thereof;

(h) Agricultural seeds. The term “agricultural seeds” means the following kinds of grass, forage, and field crop seeds, that are used for seeding purposes in the United States:

Agrotricum— × Agrotriticum Cif. & Giacom.

Alfalfa— Medicago sativa L. subsp. sativa

Alfilaria— Erodium cicutarium (L.) L'Hér.

Alyceclover— Alysicarpus vaginalis (L.) DC.

Bahiagrass— Paspalum notatum Flüggé

Barley— Hordeum vulgare L. subsp. vulgare

Barrelclover— Medicago truncatula Gaertn.

Bean, adzuki— Vigna angularis (Willd.) Ohwi & H. Ohashi var. angularis

Bean, field— Phaseolus vulgaris L. var. vulgaris

Bean, mung— Vigna radiata (L.) R. Wilczek var. radiata

Beet, field— Beta vulgaris L. subsp. vulgaris

Beet, sugar— Beta vulgaris L. subsp. vulgaris

Beggarweed, Florida— Desmodium tortuosum (Sw.) DC.

Bentgrass, colonial— Agrostis capillaris L.

Bentgrass, creeping— Agrostis stolonifera L.

Bentgrass, velvet— Agrostis canina L.

Bermudagrass— Cynodon dactylon (L.) Pers. var. dactylon

Bermudagrass, giant— Cynodon dactylon (L.) Pers. var. aridus J.R. Harlan & de Wet

Bluegrass, annual— Poa annua L.

Bluegrass, bulbous— Poa bulbosa L.

Bluegrass, Canada— Poa compressa L.

Bluegrass, glaucantha— Poa glauca Vahl

Bluegrass, Kentucky— Poa pratensis L.

Bluegrass, Nevada— Poa secunda J. Presl

Bluegrass, rough— Poa trivialis L.

Bluegrass, Texas— Poa arachnifera Torr.

Bluegrass, wood— Poa nemoralis L.

Bluejoint— Calamagrostis canadensis (Michx.) P. Beauv.

Bluestem, big— Andropogon gerardi Vitman

Bluestem, little— Schizachyrium scoparium (Michx.) Nash

Bluestem, sand— Andropogon hallii Hack.

Bluestem, yellow— Bothriochloa ischaemum (L.) Keng var. ischaemum

Bottlebrush-squirreltail— Elymus elymoides (Raf.) Swezey

Brome, field— Bromus arvensis L.

Brome, meadow— Bromus biebersteinii Roem. & Schult.

Brome, mountain— Bromus carinatus var. marginatus (Steud.) Barworth & Anderton

Brome, smooth— Bromus inermis Leyss. subsp. inermis

Broomcorn— Sorghum bicolor (L.) Moench

Buckwheat— Fagopyrum esculentum Moench

Buffalograss— Bouteloua dactyloides (Nutt.) Columbus

Buffelgrass— Cenchrus ciliaris L.

Burclover, California— Medicago polymorpha L.

Burclover, spotted— Medicago arabica (L.) Huds.

Burnet, little— Sanguisorba minor Scop.

Buttonclover— Medicago orbicularis (L.) Bartal.

Camelina— Camelina sativa (L.) Crantz subsp. sativa

Canarygrass— Phalaris canariensis L.

Canarygrass, reed— Phalaris arundinacea L.

Carpetgrass— Axonopus fissifolius (Raddi) Kuhlm.

Castorbean— Ricinus communis L.

Chess, soft— Bromus hordeaceus L.

Chickpea— Cicer arietinum L.

Clover, alsike— Trifolium hybridum L.

Clover, arrowleaf— Trifolium vesiculosum Savi

Clover, berseem— Trifolium alexandrinum L.

Clover, cluster— Trifolium glomeratum L.

Clover, crimson— Trifolium incarnatum L.

Clover, Kenya— Trifolium semipilosum Fresen.

Clover, ladino— Trifolium repens L.

Clover, lappa— Trifolium lappaceum L.

Clover, large hop— Trifolium campestre Schreb.

Clover, Persian— Trifolium resupinatum L.

Clover, red or

Red clover, mammoth— Trifolium pratense L.

Red clover, medium— Trifolium pratense L.

Clover, rose— Trifolium hirtum All.

Clover, small hop or suckling— Trifolium dubium Sibth.

Clover, strawberry— Trifolium fragiferum L.

Clover, sub or subterranean— Trifolium subterraneum L.

Clover, white— Trifolium repens L. (also see Clover, ladino)

Clover—(also see Alyceclover, Burclover, Buttonclover, Sourclover, Sweetclover)

Corn, field— Zea mays L. subsp. mays

Corn, pop— Zea mays L. subsp. mays

Cotton— Gossypium spp.

Cowpea— Vigna unguiculata (L.) Walp. subsp. unguiculata

Crambe— Crambe hispanica L. subsp. Abyssinica

Crested dogtail— Cynosurus cristatus L.

Crotalaria, lance— Crotalaria lanceolata E. Mey.

Crotalaria, showy— Crotalaria spectabilis Roth

Crotalaria, slenderleaf— Crotalaria brevidens Benth. var. intermedia (Kotschy) Polhill

Crotalaria, striped or smooth— Crotalaria pallida Aiton

Crotalaria, sunn or sunn hemp— Crotalaria juncea L.

Crownvetch— Securigera varia (L.) Lassen

Dallisgrass— Paspalum dilatatum Poir.

Dichondra— Dichondra repens J.R. Forst. & G. Forst.

Dropseed, sand— Sporobolus cryptandrus (Torr.) A. Gray

Emmer— Triticum turgidum L. subsp. dicoccon (Schrank) Thell.

Fescue, Chewing's— Festuca rubra L. subsp. commutata Gaudin

Fescue, hair— Festuca filiformis Pourr.

Fescue, hard— Festuca trachyphylla (Hack.) Krajina

Fescue, meadow— Festuca pratensis Huds.

Fescue, red— Festuca rubra L. subsp. rubra

Fescue, sheep— Festuca ovina L.

Fescue, tall— Festuca arundinacea Schreb.

Flatpea— Lathyrus sylvestris L.

Flax— Linum usitatissimum L.

Foxtail, creeping— Alopecurus arundinaceus Poir.

Foxtail, meadow— Alopecurus pratensis L.

Galletagrass— Pleuraphis jamesii Torr.

Grama, blue— Bouteloua gracilis (Kunth) Griffiths

Grama, side-oats— Bouteloua curtipendula (Michx.) Torr.

Guar— Cyamopsis tetragonoloba (L.) Taub.

Guineagrass— Megathyrsus maximus (Jacq.) B. K. Simon & S. W. L. Jacobs

Hardinggrass— Phalaris aquatica L.”,

Hemp— Cannabis sativa L. subsp. sativa

Indiangrass, yellow— Sorghastrum nutans (L.) Nash

Indigo, hairy— Indigofera hirsuta L.

Japanese lawngrass— Zoysia japonica Steud.

Johnsongrass— Sorghum halepense (L.) Pers.

Kenaf— Hibiscus cannabinus L.

Kochia, forage— Bassia prostrata (L.) A. J. Scott

Kudzu— Pueraria montana (Lour.) Merr. var. lobata (Willd.) Sanjappa & Predeep

Lentil— Lens culinaris Medik. subsp. culinaris

Lespedeza, Korean— Kummerowia stipulacea (Maxim.) Makino

Lespedeza, sericea or Chinese— Lespedeza cuneata (Dum. Cours.) G. Don

Lespedeza, Siberian— Lespedeza juncea (L. f.) Pers.

Lespedeza, striate— Kummerowia striata (Thunb.) Schindl.

Lovegrass, sand— Eragrostis trichodes (Nutt.) Alph. Wood

Lovegrass, weeping— Eragrostis curvula (Schrad.) Nees

Lupine, blue— Lupinus angustifolius L.

Lupine, white— Lupinus albus L.

Lupine, yellow— Lupinus luteus L.

Manilagrass— Zoysia matrella (L.) Merr.

Medic, black— Medicago lupulina L.

Milkvetch or cicer milkvetch— Astragalus cicer L.

Millet, browntop— Urochloa ramosa (L.) T. Q. Nguyen

Millet, foxtail— Setaria italica (L.) P. Beauv. subsp. italica

Millet, Japanese— Echinochloa esculenta (A. Braun) H. Scholz

Millet, pearl— Cenchrus americanus (L.) Morrone

Millet, proso— Panicum miliaceum L. subsp. miliaceum

Molassesgrass— Melinis minutiflora P. Beauv.

Mustard, black— Brassica nigra (L.) W.D.J. Koch

Mustard, India— Brassica juncea (L.) Czern. var. juncea

Mustard, white— Sinapis alba L. subsp. alba

Napiergrass— Cenchrus purpureus (Schumach.) Morrone

Needlegrass, green— Nassella viridula (Trin.) Barkworth

Oat— Avena byzantina K. Koch, A. sativa L., A. nuda L.

Oatgrass, tall— Arrhenatherum elatius (L.) J. Presl & C. Presl subsp. elatius

Orchardgrass— Dactylis glomerata L.

Panicgrass, blue— Panicum antidotale Retz.

Panicgrass, green— Megathyrsus maximus (Jacq.) B. K. Simon & W. L. Jacobs

Pea, field— Pisum sativum L. var. arvense (L.) Poir.

Peanut— Arachis hypogaea L.

Poa trivialis—(see Bluegrass, rough)

Radish— Raphanus sativus L.

Rape, annual— Brassica napus L. var. napus

Rape, bird— Brassica rapa L. subsp. oleifera

Rape, turnip— Brassica rapa L. subsp. oleifera

Rape, winter— Brassica napus L. var. napus

Redtop— Agrostis gigantea Roth

Rescuegrass— Bromus catharticus Vahl var. catharticus

Rhodesgrass— Chloris gayana Kunth

Rice— Oryza sativa L.

Ricegrass, Indian— Achnatherum hymenoides (Roem. & Schult.) Barkworth

Roughpea— Lathyrus hirsutus L.

Rye— Secale cereale L. subsp. cereale

Rye, mountain— Secale strictum (C. Presl) C. Presl subsp. strictum

Ryegrass, annual or Italian— Lolium multiflorum Lam.

Ryegrass, intermediate— Lolium × hybridum Hausskn.

Ryegrass, perennial— Lolium perenne L.

Ryegrass, Wimmera— Lolium rigidum Gaudin

Safflower— Carthamus tinctorius L.

Sagewort, Louisiana— Artemisia ludoviciana Nutt.

Sainfoin— Onobrychis viciifolia Scop.

Saltbush, fourwing— Atriplex canescens (Pursh) Nutt.

Sesame— Sesamum indicum L.

Sesbania— Sesbania exaltata (Raf.) A.W. Hill

Smilo— Oloptum miliaceum (L.) Röser & Hamasha

Sorghum— Sorghum bicolor (L.) Moench

Sorghum almum— Sorghum × almum L. Parodi

Sorghum-sudangrass— Sorghum × drummondii (Steud.) Millsp. & Chase

Sorgrass—Rhizomatous derivatives of a johnsongrass × sorghum cross or a johnsongrass × sudangrass cross

Southernpea—(See Cowpea)

Sourclover— Melilotus indicus (L.) All.

Soybean— Glycine max (L.) Merr.

Spelt— Triticum aestivum L. subsp. spelta (L.) Thell.

Sudangrass— Sorghum × drummondii (Steud.) Millsp. & Chase

Sunflower— Helianthus annuus L.

Sweetclover, white— Melilotus albus Medik.

Sweetclover, yellow— Melilotus officinalis Lam.

Sweet vernalgrass— Anthoxanthum odoratum L.

Sweetvetch, northern— Hedysarum boreale Nutt.

Switchgrass— Panicum virgatum L.

Teff— Eragrostis tef (Zuccagni) Trotter

Timothy— Phleum pratense L.

Timothy, turf— Phleum nodosum L.

Tobacco— Nicotiana tabacum L.

Trefoil, big— Lotus uliginosus Schkuhr

Trefoil, birdsfoot— Lotus corniculatus L.

Triticale— × Triticosecale A. Camus ( Secale × Triticum )

Vaseygrass— Paspalum urvillei Steud.

Veldtgrass— Ehrharta calycina Sm.

Velvetbean— Mucuna pruriens (L.) DC. var. utilis (Wight) Burck

Velvetgrass— Holcus lanatus L.

Vetch, common— Vicia sativa L. subsp. sativa

Vetch, hairy— Vicia villosa Roth subsp. villosa

Vetch, Hungarian— Vicia pannonica Crantz

Vetch, monantha— Vicia articulata Hornem.

Vetch, narrowleaf or blackpod— Vicia sativa L. subsp. nigra (L.) Ehrh.

Vetch, purple— Vicia benghalensis L.

Vetch, woollypod or winter— Vicia villosa Roth subsp. varia (Host) Corb.

Wheat, common— Triticum aestivum L. subsp. aestivum

Wheat, club— Triticum aestivum L. subsp. compactum (Host) Mackey

Wheat, durum— Triticum turgidum L. subsp. durum (Desf.) Husn.

Wheat, Polish— Triticum turgidum L. subsp. polonicum (L.) Thell.

Wheat, poulard— Triticum turgidum L. subsp. turgidum

Wheat × Agrotricum— Triticum × Agrotriticum

Wheatgrass, beardless— Pseudoroegneria spicata (Pursh) á. Löve

Wheatgrass, crested or fairway crested— Agropyron cristatum (L.) Gaertn.

Wheatgrass, crested or standard crested— Agropyron desertorum (Link) Schult.

Wheatgrass, intermediate— Thinopyrum intermedium (Host) Barkworth & D.R. Dewey subsp. intermedium

Wheatgrass, pubescent— Thinopyrum intermedium (Host) Barkworth & D.R. Dewey subsp. barbulatum (Schur) Barkworth & D.R. Dewey

Wheatgrass, Siberian— Agropyron fragile (Roth) P. Candargy

Wheatgrass, slender— Elymus trachycaulus (Link) Shinners subsp. trachycaulus

Wheatgrass, streambank— Elymus lanceolatus (Scribn. & J.G. Sm.) Gould subsp. riparius (Scribn. & J.G. Sm.) Barkworth

Wheatgrass, tall— Thinopyrum elongatum (Host) D.R. Dewey

Wheatgrass, western— Pascopyrum smithii (Rydb.) Barkworth & D.R. Dewey

Wildrye, basin— Leymus cinereus (Scribn. & Merr.) á. Löve

Wildrye, Canada— Elymus canadensis L.

Wildrye, Russian— Psathyrostachys juncea (Fisch.) Nevski

Zoysia japonica—(see Japanese

lawngrass)

Zoysia matrella—(see Manilagrass)

(i) Vegetable seeds. The term “vegetable seeds” means the seeds of the following kinds that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seeds:

Artichoke— Cynara cardunculus L.

Asparagus— Asparagus officinalis L.

Asparagusbean or yard-long bean— Vigna unguiculata (L.)

Walp. subsp. sesquipedalis (L.) Verdc.

Bean, garden— Phaseolus vulgaris L. var. vulgaris

Bean, Lima— Phaseolus lunatus L.

Bean, runner or scarlet runner— Phaseolus coccineus L.

Beet— Beta vulgaris L. subsp. vulgaris

Broadbean— Vicia faba L. var. faba

Broccoli— Brassica oleracea L. var. italica Plenck

Brussels sprouts— Brassica oleracea L. var. gemmifera Zenker

Burdock, great— Arctium lappa L.

Cabbage— Brassica oleracea L. var. capitata L.

Cabbage, Chinese— Brassica rapa L. subsp. pekinensis (Lour.) Hanelt

Cabbage, tronchuda— Brassica oleracea L. var. costata DC.

Cantaloupe—(see Melon)

Cardoon— Cynara cardunculus L.

Carrot— Daucus carota L. subsp. sativus (Hoffm.) Arcang.

Cauliflower— Brassica oleracea L. var. botrytis L.

Celeriac— Apium graveolens L. var. rapaceum (Mill.) Gaudin

Celery— Apium graveolens L. var. dulce (Mill.) Pers.

Chard, Swiss— Beta vulgaris L. subsp. vulgaris

Chicory— Cichorium intybus L.

Chives— Allium schoenoprasum L.

Citron melon— Citrullus lanatus (Thunb.) Matsum. & Nakai var. citroides (L.H. Bailey) Mansf.

Collards— Brassica oleracea L. var. viridis L.

Corn, sweet— Zea mays L. subsp. mays

Cornsalad— Valerianella locusta (L.) Laterr.

Cowpea— Vigna unguiculata (L.) Walp. subsp. unguiculata

Cress, garden— Lepidium sativum L.

Cress, upland— Barbarea verna (Mill.) Asch.

Cress, water— Nasturtium officinale R. Br.

Cucumber— Cucumis sativus L.

Dandelion— Taraxacum officinale F.H. Wigg.

Dill— Anethum graveolens L.

Eggplant— Solanum melongena L.

Endive— Cichorium endivia L. subsp. endivia

Favabean (see Broadbean)

Gherkin, West India— Cucumis anguria L. var. anguria

Kale— Brassica oleracea L. var. viridis L.

Kale, Chinese— Brassica oleracea L. var. alboglabra (L.H. Bailey) Musil

Kale, Siberian— Brassica napus L. var. pabularia (DC.) Rchb.

Kohlrabi— Brassica oleracea L. var. gongylodes L.

Leek— Allium porrum L.

Lettuce— Lactuca sativa L.

Melon— Cucumis melo L. subsp. melo

Muskmelon—(see Melon).

Mustard, India— Brassica juncea (L.) Czern.

Mustard, spinach— Brassica rapa var. perviridis L.H. Bailey

Okra— Abelmoschus esculentus (L.) Moench

Onion— Allium cepa L. var. cepa

Onion, bunching (see Onion, Welsh)

Onion, Welsh— Allium fistulosum L.

Pak-choi— Brassica rapa L. subsp. chinensis (L.) Hanelt

Parsley— Petroselinum crispum (Mill.) A.W. Hill

Parsnip— Pastinaca sativa L. subsp. sativa

Pea— Pisum sativum L. subsp. sativum

Pepper— Capsicum spp.

Pe-tsai—(see Chinese cabbage).

Pumpkin— Cucurbita pepo L., C. moschata Duchesne, and C. maxima Duchesne

Radicchio (see Chicory)

Radish— Raphanus sativus L.

Rhubarb— Rheum × hybridum Murray

Rutabaga— Brassica napus L. var. napobrassica (L.) Rchb.

Sage— Salvia officinalis L.

Salsify— Tragopogon porrifolius L.

Savory, summer— Satureja hortensis L.

Sorrel— Rumex acetosa L.

Southernpea—(see Cowpea)

Soybean— Glycine max (L.) Merr.

Spinach— Spinacia oleracea L.

Spinach, New Zealand— Tetragonia tetragonoides (Pall.) Kuntze

Squash— Cucurbita pepo L., C. moschata Duchesne, and C. maxima Duchesne

Tomato— Solanum lycopersicum L.

Tomato, husk— Physalis pubescens L.

Turnip— Brassica rapa L. subsp. rapa

Watermelon— Citrullus lanatus (Thunb.) Matsum. & Nakai var. lanatus

(j) Regulations. The term “regulations” means the rules and regulations promulgated by the Secretary of Agriculture and the joint rules and regulations promulgated by the Secretary of the Treasury and the Secretary of Agriculture under the Act.

(k) Joint regulations. The term “joint regulations” means the joint rules and regulations promulgated by the Secretary of the Treasury and the Secretary of Agriculture.

(l) Complete record. (1) The term “complete record” means information which relates to the origin, treatment (including but not limited to coating, film coating, encrusting, or pelleting), germination, and purity (including variety) of each lot of agricultural seed transported or delivered for transportation in interstate commerce, or which relates to the treatment (including but not limited to coating, film coating, encrusting, or pelleting), germination, and variety of each lot of vegetable seed transported or delivered for transportation in interstate commerce. Such information includes seed samples and records of declarations, labels, purchases, sales, cleaning, bulking, chemical or biological treatment, handling, storage, analyses, tests, and examinations.

(2) The complete record kept by each person for each treatment substance or lot of seed consists of the information pertaining to his own transactions and the information received from others pertaining to their transactions with respect to each treatment substance or lot of seed.

(m) Declaration. The term “declaration” means a written statement of a grower, shipper, processor, dealer, or importer giving for any lot of seed the kind, variety, type, origin, or the use for which the seed is intended.

(n) Declaration of origin. The term “declaration of origin” means a declaration of a grower or country shipper in the United States stating for each lot of agricultural seed (1) kind of seed, (2) lot number or other identification, (3) State where seed was grown and the county where grown if to be labeled showing the origin as a portion of a State, (4) quantity of seed, (5) date shipped or delivered, (6) to whom sold, shipped, or delivered, and (7) the signature and address of the grower or country shipper issuing the declaration. If the declaration is issued by a grower and the identity of the person delivering the seed is unknown to the receiver, the motor vehicle license number or other identification of the delivering agency should be entered on the declaration by the receiver. If a country shipper's declaration includes seed shipped or delivered to him by another country shipper, it shall give for each lot the other country shipper's lot number as included in the other country shipper's declaration of origin.

(o) Declaration of kind, variety, or type. The term “declaration of kind, variety, or type” means a declaration of a grower stating for each lot of seed (1) the name of the kind, variety, or type stated in accordance with §§ 201.9 through 201.12, (2) lot number or other identification, (3) place where seed was grown, (4) quantity of seed, (5) date shipped or delivered, (6) to whom sold, shipped or delivered, and (7) the signature and address of the grower issuing the declaration.

(p) Mixture. The term “mixture” means seeds consisting of more than one kind or variety, each present in excess of 5 percent by weight of the whole. A mixture of varieties of a single kind may be labeled as a blend.

(q) Coated seed. The term “coated seed” means any seed unit covered with a coating material.

(r) Grower. The term “grower” means any person who produces directly or through a growing contract, or is a seed-crop sharer in seed which is sold, offered for sale, transported, or offered for transportation.

(s) Country shipper. The term “country shipper” means any person located in a producing area who purchases seed locally for shipment to seed dealers or to other country shippers.

(t) Dealer. The term “dealer” means any person who cleans, processes, sells, offers for sale, transports, or delivers for transportation seeds in interstate commerce.

(u) Consumer. The term “consumer” means any person who purchases or otherwise obtains seed for sowing but not for resale.

(v) Lot of seed. The term “lot of seed” means a definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling.

(w) Purity. The term “purity” means the name or names of the kind, type, or variety and the percentage or percentages thereof; the percentage of other agricultural seed; the percentage of weed seeds, including noxious-weeds seeds; the percentage of inert matter; and the names of the noxious-weed seeds and the rate of occurrence of each.

(x) Inoculant. The term “inoculant” means a product consisting of microorganisms applied to the seed for the purpose of enhancing the availability or uptake of plant nutrients through the root system.

(y) Hybrid. The term “hybrid” applied to kinds or varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross with an open pollinated variety; or (3) two selected clones, seed lines, varieties, or species. “Controlling the pollination” means to use a method of hybridization which will produce pure seed which is at least 75 percent hybrid seed. Hybrid designations shall be treated as variety names.

(z) Conditioning. For the purpose of section 203 (b)(2)(C) of the Act the term “conditioning” means cleaning, scarifying, or blending to obtain uniform quality, and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed.

(aa) Agricultural Marketing Service means the Agricultural Marketing Service, United States Department of Agriculture.

(bb) Breeder seed. Breeder seed is a class of certified seed directly controlled by the originating or sponsoring plant breeding institution, or person, or designee thereof, and is the source for the production of seed of the other classes of certified seed.

(cc) Foundation seed. Foundation seed is a class of certified seed which is the progeny of Breeder or Foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing the Foundation class of seed, for the purpose of maintaining genetic purity and identity.

(dd) Registered seed. Registered seed is a class of certified seed which is the progeny of Breeder or Foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing the Registered class of seed, for the purpose of maintaining genetic purity and identity.

(ee) Certified seed. Certified seed is a class of certified seed which is the progeny of Breeder, Foundation, or Registered seed, except as provided in § 201.70, and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing the Certified class of seed, for the purpose of maintaining genetic purity and identity.

(ff) Off-type. The term “off-type” means a plant or seed which deviates in one or more characteristics from that which has been described in accordance with § 201.68(c) as being usual for the strain or variety.

(gg) Inbred line. The term “inbred line” means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of backcrossing to a recurrent parent with selection, or its equivalent, for specific characteristics.

(hh) Single cross. The term “single cross” means the first generation hybrid between two inbred lines.

(ii) Foundation single cross. The term “foundation single cross” means a single cross used in the production of a double cross, a three-way, or a top cross.

(jj) Double cross. The term “double cross” means the first generation hybrid between two single crosses.

(kk) Top cross. The term “top cross” means the first generation hybrid of a cross between an inbred line and an open-pollinated variety or the first-generation hybrid between a single cross and an open-pollinated variety.

(ll) Three-way cross. The term “three-way cross” means a first generation hybrid between a single cross and an inbred line.

(mm) Open-pollination. The term “open-pollination” means pollination that occurs naturally as opposed to controlled pollination, such as by detasseling, cytoplasmic male sterility, self-incompatibility or similar processes.

(nn) Coating material. The term “coating material” means any substance that changes the size, shape, or weight of the original seed. Ingredients such as rhizobia, dyes, polymers, biologicals, and pesticides are not coating material for purposes of this part.

(oo) Brand. The term “brand” means a name, term, sign, symbol, or design, or a combination of them that identifies the seed of one seller or group of sellers and differentiates that seed from the seed of other sellers.

§ 201.3 Administrator.

The Administrator of the Agricultural Marketing Service may perform such duties as the Secretary requires in enforcing the provisions of the Act and of the regulations in this part.

§ 201.4 Maintenance and accessibility.

(a) Each person transporting or delivering for transportation in interstate commerce agricultural or vegetable seed subject to the Act shall keep for a period of 3 years a complete record of each lot of such seed so transported or delivered, including a sample representing each lot of such seed, except that any seed sample may be discarded 1 year after the entire lot represented by such sample has been disposed of by such person.

(b) Each sample of agricultural seed retained shall be at least the weight required for a noxious-weed seed examination as set forth in § 201.46 and each sample of vegetable seed retained shall consist of at least 400 seeds. The record shall be kept in such manner as to permit comparison with the records required to be kept by other persons for the same lot of seed so that the origin, treatment (including, but not limited to, coating, film coating, encrusting, or pelleting), germination, and purity (including variety) of agricultural seed and the treatment (including, but not limited to, coating, film coating, encrusting, or pelleting), germination and variety of vegetable seed may be traced from the grower to the ultimate consumer and so that the lot of seed may be correctly labeled. The record shall be accessible for inspection by the authorized agents of the Secretary for purposes of the effective administration of the Act at any time during customary business hours.

§ 201.5 Origin.

(a) The complete record for any lot of seed of alfalfa, red clover, white clover, or field corn, except hybrid seed corn, shall include a declaration of origin, or information traceable to a declaration of origin or evidence showing that a declaration of origin could not be obtained.

(b) Each country shipper shall retain a copy of each declaration which he issues and shall attach thereto a detailed record showing the names and addresses of growers or country shippers from whom the seed was purchased, the quantity of seed purchased from each, and the date on which it was delivered to him.

§ 201.6 Germination.

The complete record shall include the records of all laboratory tests for germination and hard seed for each lot of seed offered for transportation in whole or in part. The record shall show the kind of seed, lot number, date of test, percentage of germination and hard seeds, and such other information as may be necessary to show the method used.

§ 201.7 Purity (including variety).

The complete record for any lot of seed shall include (a) records of tests, including statements of weed seeds, noxious weed seeds, inert matter, other agricultural seeds, and of any determinations of kind, variety, or type and a description of the methods used; and (b) for seeds indistinguishable by seed characteristics, records necessary to disclose the kind, variety, or type, including a grower's declaration of kind, variety, or type or an invoice, or other document establishing the kind, variety, or type to be that stated, and a representative sample of the seed. The grower's declaration shall be obtained and kept by the person procuring the seed from the grower. A copy of the grower's declaration and a sample of the seed shall be retained by the grower.

§ 201.7a Treated seed.

The complete record for any lot consisting of or containing treated seed shall include records necessary to disclose the name of any substance or substances used in the treatment of such seed, including a label or invoice or other document received from any person establishing the name of any substance or substances used in the treatment to be as stated, and a representative sample of the treated seed.

§ 201.8 Contents of the label.

The label shall contain the required information in any form that is clearly legible and complies with the regulations in this part. The information may be on a tag attached securely to the container, or may be printed in a conspicuous manner on a side or the top of the container. The label may contain information in addition to that required by the Act, provided such information is not misleading.

§ 201.9 Kind.

The name of each kind of seed present in excess of 5 percent shall be shown on the label and need not be accompanied by the word “kind.” When two or more kinds of seed are named on the label, the name of each kind shall be accompanied by the percentage of each. When only one kind of seed is present in excess of 5 percent and no variety name or type designation is shown, the percentage of that kind may be shown as “pure seed” and such percentage shall apply only to seed of the kind named.

§ 201.10 Variety.

(a) The following kinds of agricultural seeds are generally labeled as to variety and shall be labeled to show the variety name or the words “Variety Not Stated.”

Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Crambe; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Radish; Rice; Rye; Safflower; Sorghum; Sorghum-sudangrass, Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Triticale; Wheat, common; Wheat, durum.

(b) If the name of the variety is given, the name may be associated with the name of the kind with or without the words “kind and variety.” The percentage in such case, which may be shown as “pure seed,” shall apply only to seed of the variety named, except for the labeling of hybrids as provided in § 201.11a. If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term “hybrid” shall be clearly associated with the respective percentages. When two or more varieties are present in excess of 5 percent and are named on the label, the name of each variety shall be accompanied by the percentage of each.

§ 201.11 Type.

(a) When type is designated, such designation may be associated with the name of the kind but shall in all cases be clearly associated with the word “type.” The percentage, which may be shown as “pure seed”, shall apply only to the type designated. If separate percentages for the kind and the type are shown, such percentages shall be clearly associated with the name of the kind and the name of the type.

(b) If the type designation does not include a variety name, it shall include a name descriptive of a group of varieties of similar character and the pure seed shall be at least 90 percent of one or more varieties all of which conform to the type designation.

(c) If the name of a variety is used as a part of the type designation, the seed shall be of that variety and may contain: (1) An admixture of seed of other indistinguishable varieties of the same kind and of similar character; or, (2) an admixture of indistinguishable seeds having genetic characteristics dissimilar to the variety named by reason of cross-fertilization with other varieties. In either case, at least 90 percent of the pure seed shall be of the variety named or upon growth shall produce plants having characteristics similar to the variety named.

§ 201.11a Hybrid.

If any one kind or kind and variety of seed present in excess of 5 percent is “hybrid” seed, it shall be designated “hybrid” on the label. The percentage that is hybrid shall be at least 95 percent of the percentage of pure seed shown unless the percentage of pure seed which is hybrid seed is shown separately. If two or more kinds or varieties are present in excess of 5 percent and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage of pure seed that is hybrid seed or (b) a statement such as “Contains from 75 percent to 95 percent hybrid seed.” No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 75 percent hybrid seed.

§ 201.12 Name of kind and variety.

The representation of kind or kind and variety shall be confined to the name of the kind or kind and variety determined in accordance with § 201.34. The name shall not have affixed thereto words or terms that create a misleading impression as to the history or characteristics of the kind or variety.

§ 201.12a Seed mixtures.

Seed mixtures intended for seeding/planting purposes shall be designated as a mixture on the label and each seed component shall be listed on the label in the order of predominance.

§ 201.13 Lot number or other identification.

The lot number or other identification shall be shown on the label and shall be the same as that used in the records pertaining to the same lot of seed.

§ 201.14 Origin.

(a) Alfalfa, red clover, white clover, and field corn (except hybrid seed corn) shall be labeled to show: (1) The origin, if known; or (2) if the origin is not known, the statement “origin unknown.”

(b) Whenever such seed originates in more than one State, the name of each State and the percentage of seed originating in each State shall be given in the order of its predominance. Whenever such seed originates in a portion of a State, it shall be permissible to label such seed as originating in such portion of a State.

(c) Reasonable precautions to insure that the origin of seed is known shall include the maintaining of a record as described in § 201.5. The examination of the seed and any pertinent facts may be taken into consideration in determining whether reasonable precautions have been taken to insure the origin to be that which is represented.

§ 201.15 Weed seeds.

The percentage of weed seeds shall include seeds of plants considered weeds in the State into which the seed is offered for transportation or transported and shall include noxious weed seeds.

§ 201.16 Noxious-weed seeds.

(a) Except for those kinds of noxious-weed seeds shown in paragraph (b) of this section, the names of the kinds of noxious-weed seeds and the rate of occurrence of each shall be expressed in the label in accordance with, and the rate of occurrence shall not exceed the rate permitted by, the law and regulations of the State into which the seed is offered for transportation or is transported. If in the course of such transportation, or thereafter, the seed is diverted to another State of destination, the person or persons responsible for such diversion shall cause the seed to be relabeled with respect to the noxious-weed seed content, if necessary to conform to the laws and regulations of the State into which the seed is diverted.

(b) Seeds or bulblets of the following plants shall be considered noxious-weed seeds in agricultural and vegetable seeds transported or delivered for transportation in interstate commerce (including Puerto Rico, Guam, and the District of Columbia). Agricultural or vegetable seed containing seeds or bulblets of these kinds shall not be transported or delivered for transportation in interstate commerce. Noxious-weed seeds include the following species on which no tolerance will be applied:

Aeginetia spp.

Ageratina adenophora (Spreng.) King and H.E. Robins.

Alectra spp.

Alternanthera sessilis (L.) DC.

Asphodelus fistulosus L.

Avena sterilis L. (including Avena ludoviciana Dur.)

Azolla pinnata R. Br.

Carthamus oxyacantha M. Bieb

Cenchrus caudatus (Schrad.) Kuntze

Cenchrus clandestinus Morrone

Cenchrus pedicellatus (Trin.) Morrone

Cenchrus polystachios (L.) Morrone

Chrysopogon aciculatus (Retz.) Trin.

Commelina benghalensis L.

Crupina vulgaris Cass.

Digitaria abyssinica Stapf. (= D. scalarum (Schweinf.) Chiov.)

Digitaria scalarum (Schweinfurth) Chiovenda

Dinebra chinensis (L.) P. M. Peterson & N. Snow

Drymaria arenarioides Roem. and Schult.

Eichornia azurea (Sw.) Kunth

Galega officinalis L.

Heracleum mantegazzianum Sommier & Levier

Homeria spp.

Hydrilla verticillata (L. f.) Royle

Hygrophila polysperma T. Anders.

Imperata brasiliensis Trin.

Imperata cylindrica (L.) Raeusch.

Ipomoea aquatica Forsk.

Ischaemum rugosum Salisb.

Lagarosiphon major (Ridley) Moss

Limnophila sessiliflora (Vahl) Blume

Lycium ferocissimum Miers

Melaleuca quinquenervia (Cav.) Blake

Melastoma malabathricum L.

Mikania cordata (Burm. f.) B.L. Robins.

Mikania micrantha H.B.K.

Mimosa invisa Mart.

Mimosa pigra L. var. pigra

Monochoria hastata (L.) Sloms-Laub.

Monochoria vaginalis (Burm. f.) K.B. Presl

Nassella trichotoma (Nees) Arechavaleta

Opuntia aurantiaca Lindl.

Oryza longistaminata A. Cheval. and Roehr.

Oryza punctata Steud.

Oryza rufipogon Griff.

Ottelia alismoides (L.) Pers.

Paspalum scrobiculatum L.

Prosopis alapataco R.A. Philippi

Prosopis argentina Burkart

Prosopis articulata S. Watson

Prosopis burkartii Munoz

Prosopis caldenia Burkart

Prosopis calingastana Burkart

Prosopis campestris Griseb.

Prosopis castellanosii Burkart

Prosopis denudans Benth.

Prosopis elata (Burkart) Burkart

Prosopis farcta (Russell) Macbride

Prosopis ferox Griseb.

Prosopis fiebrigii Harms

Prosopis hassleri Harms

Prosopis humilis Hook. and Arn.

Prosopis kuntzei Harms

Prosopis pallida (Willd.) H.B.K.

Prosopis palmeri S. Watson

Prosopis reptans Benth. var. reptans

Prosopis rojasiana Burkart

Prosopis ruizlealii Burkart

Prosopis ruscifolia Griseb.

Prosopis sericantha Hook. and Arn.

Prosopis strombulifera (Lam.) Benth.

Prosopis torquata (Lagasca) DC.

Rottboellia cochinchinensis (Lour.) Clayton

Rubus moluccanus L.

Rubus plicatus Weihe & Nees

Rumex hypogaeus T.M. Schust & Reveal

Rumex spinosus L.

Saccharum spontaneum L.

Sagittaria sagittifolia L.

Salsola vermiculata L.

Salvinia auriculata Aubl.

Salvinia biloba Raddi

Salvinia herzogii de la Sota

Salvinia molesta D.S. Mitchell

Senecio inaequidens DC.

Setaria pallide-fusca (Schumach.) Stapf and Hubb.

Solanum tampicense Dunal

Solanum torvum Sw.

Solanum viarum Dunal

Sparaganium erectum L.

Spermacoce alata (Aublet) de Candolle

Striga spp.

Tridax procumbens L.

Urochloa panicoides Beauv.

§ 201.17 Noxious-weed seeds in the District of Columbia.

(a) Noxious-weed seeds in the District of Columbia are: Quackgrass ( Elymus repens ), Canada thistle ( Cirsium arvense ), field bindweed ( Convolvulus arvensis ), bermudagrass ( Cynodon dactylon ), giant bermudagrass ( Cynodon dactylon var. aridus ), annual bluegrass ( Poa annua ), and wild garlic or wild onion ( Allium canadense or Allium vineale ). The name and number per pound of each kind of such noxious-weed seeds present shall be stated on the label.

(b) [Reserved]

§ 201.18 Other agricultural seeds.

Agricultural seeds other than those included in the percentage or percentages of kind, variety, or type may be expressed as “other crop seeds,” but the percentage shall include collectively all kinds, varieties, or types not named upon the label.

§ 201.19 Inert matter.

The label shall show the percentage by weight of inert matter.

§ 201.20 Germination

The label shall show the percentage of germination for each kind, kind and variety, kind and type, or kind and hybrid of agricultural seed comprising more than 5 percent of the whole. The label shall show the percentage of germination for each kind, kind and variety, kind and type, or kind and hybrid of agricultural seed comprising 5 percent of the whole or less if the seed is identified individually on the label.

§ 201.21 Hard seed or dormant seed.

The label shall show the percentage of hard seed or dormant seed, as defined in § 201.57 or § 201.57a, if any is present. The percentages of hard seed and dormant seed shall not be included as part of the germination percentage.

§ 201.22 Date of test.

(a) The label shall show the month and year in which the germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month in which the germination test was completed and the date of transportation or delivery for transportation in interstate commerce, except for seed in hermetically sealed containers as provided in § 201.36c in which case no more than 24 calendar months shall have elapsed between the last day of the month in which the germination test was completed prior to packaging and the date of transportation or delivery for transportation in interstate commerce.

(b) In the case of a seed mixture, it is only necessary to state the calendar month and year of such test for the kind or variety or type of agricultural seed contained in such mixture which has the oldest calendar month and year test date among the test conducted on all the kinds or varieties or types of agricultural seed contained in such mixture.

(c) The following kinds shall be tested within the indicated time before interstate shipment:

Agricultural seeds and mixtures thereof

Months from test date to shipment

Bentgrass, Colonial

15

Bentgrass, Creeping

15

Bluegrass, Kentucky

15

Fescue, Chewings

15

Fescue, Hard

15

Fescue, Red

15

Fescue, Tall

15

Ryegrass, Annual

15

Ryegrass, Perennial

15

§ 201.23 Seller and buyer information.

Consumer packages or containers of agricultural seed for interstate shipment must be labeled as follows:

(a) The full name and address of the interstate shipper or a code designation identifying the interstate shipper, pursuant to § 201.24, must be printed on the label.

(b) If pursuant to paragraph (a) only a code is used to identify the interstate shipper, the full name and address of the consignee must appear on the label.

(c) For purposes of this section and § 201.24, the term shipper means the seller or consignor who puts the seed into interstate commerce, and the term consignee means the buyer or recipient of the seed shipment.

§ 201.24 Code designation.

The code designation used in lieu of the full name and address of the interstate shipper pursuant to § 201.23(a) shall be approved by the Administrator of the Agricultural Marketing Service (AMS) or such other person designated by the Administrator for the purpose. When used, the AMS code designation shall appear on the label in a clear and legible manner, along with the full name and address of the consignee.

§ 201.24a Inoculated seed.

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 by a statement such as, “Inoculant not claimed to be effective after____(Month and year).”

§ 201.25 Contents of the label.

Vegetable seed in packets and in larger containers shall be labeled with the required information in any form that is clearly legible. Any tag used shall be securely attached to the container. The label may contain information in addition to that required by the Act, provided such information is not misleading.

§ 201.26 Kind, variety, and hybrid.

The label shall bear the name of each kind and variety present as determined in accordance with § 201.34. The name shall not have affixed thereto words or terms that create a misleading impression as to the history or characteristics of kind or variety. If two or more kinds or varieties are present, the percentage of each shall be shown. If any one kind or variety named on the label is “hybrid” seed, it shall be so designated on the label. If two or more kinds or varieties are named on the label, each that is hybrid shall be shown as “hybrid” on the label. Any kind or variety that is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage that is hybrid seed or (b) a statement such as “Contains from 75 percent to 95 percent hybrid seed.” No one kind or variety of seed shall be labeled as hybrid if it contains less than 75 percent hybrid seed.

§ 201.26a Vegetable seed mixtures.

Vegetable seed mixtures for seeding/planting purposes shall be designated as a mixture on the label, and each seed component shall be listed on the label in the order of predominance.

§ 201.27 Seller and buyer information.

Consumer packages or containers of vegetable seed for interstate shipment must be labeled as follows:

(a) The full name and address of the interstate shipper or a code designation identifying the interstate shipper, pursuant to § 201.28, must be printed on the label.

(b) If pursuant to paragraph (a) only a code is used to identify the interstate shipper, the full name and address of the consignee must appear on the label.

(c) For purposes of this section and § 201.28, the term shipper means the seller or consignor who puts the seed into interstate commerce, and the term consignee means the buyer or recipient of the seed shipment.

§ 201.28 Code designation.

The code designation used in lieu of the full name and address of the interstate shipper pursuant to § 201.27(a) shall be approved by the Administrator of the Agricultural Marketing Service (AMS) or such other person designated by the Administrator for the purpose. When used, the AMS code designation shall appear on the label in a clear and legible manner, along with the full name and address of the consignee.

§ 201.29 Germination of vegetable seed in containers of 1 pound or less.

Vegetable seeds in containers of 1 pound or less which have a germination percentage equal to or better than the standard set forth in § 201.31 need not be labeled to show the percentage of germination and date of test. Each variety of vegetable seed which has a germination percentage less than the standard set forth in § 201.31 shall have the words “Below Standard” clearly shown in a conspicuous place on the label or on the face of the container in type no smaller than 8 points. Each variety which germinates less than the standard shall also be labeled to show the percentage of germination and the percentage of hard seed (if any).

§ 201.29a Germination of vegetable seed in containers of more than 1 pound.

Each variety of vegetable seeds in containers of more than 1 pound shall be labeled to show the percentage of germination and the percentage of hard seed (if any).

§ 201.30 Hard seed.

The label shall show the percentage of hard seed, if any is present, for any seed required to be labeled as to the percentage of germination, and the percentage of hard seed shall not be included as part of the germination percentage.

§ 201.30a Date of test.

When the percentage of germination is required to be shown, the label shall show the month and year in which the germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month in which the germination test was completed and the date of transportation or delivery for transportation in interstate commerce, except for seed in hermetically sealed containers in which case no more than 24 calendar months shall have elapsed between the last day of the month in which the germination test was completed prior to packaging and the date of transportation or delivery for transportation in interstate commerce.

§ 201.30b Lot number or other lot identification of vegetable seed in containers of more than 1 pound.

The lot number or other lot identification of vegetable seed in containers of more than 1 pound shall be shown on the label and shall be the same as that used in the records pertaining to the same lot of seed.

§ 201.30c Noxious-weed seeds of vegetable seed in containers of more than 1 pound.

Except for those kinds of noxious-weed seeds shown in § 201.16(b), the names of kinds of noxious-weed seeds and the rate of occurrence of each shall be expressed in the label in accordance with, and the rate shall not exceed the rate permitted by, the law and regulations of the State into which the seed is offered for transportation or is transported. If in the course of such transportation, or thereafter, the seed is diverted to another State of destination, the person or persons responsible for such diversion shall cause the seed to be relabeled with respect to noxious-weed seed content, if necessary, to conform to the laws and regulations of the State into which the seed is diverted.

§ 201.31 Minimum germination standards for vegetable seeds in interstate commerce.

The following minimum germination standards for vegetable seeds in interstate commerce, which shall be construed to include hard seed, are determined and established under section 403(c) of the Act:

Percent

Artichoke

60

Asparagus

70

Asparagusbean

75

Bean, garden

70

Bean, lima

70

Bean, runner

75

Beet

65

Broadbean

75

Broccoli

75

Brussels sprouts

70

Burdock, great

60

Cabbage

75

Cabbage, tronchuda

70

Cardoon

60

Carrot

55

Cauliflower

75

Celeriac

55

Celery

55

Chard, Swiss

65

Chicory

65

Chinese cabbage

75

Chives

50

Citron

65

Collards

80

Corn, sweet

75

Cornsalad

70

Cowpea

75

Cress, garden

75

Cress, upland

60

Cress, water

40

Cucumber

80

Dandelion

60

Dill

60

Eggplant

60

Endive

70

Kale

75

Kale, Chinese

75

Kale, Siberian

75

Kohlrabi

75

Leek

60

Lettuce

80

Melon

75

Mustard, India

75

Mustard, spinach

75

Okra

50

Onion

70

Onion, Welsh

70

Pak-choi

75

Parsley

60

Parsnip

60

Pea

80

Pepper

55

Pumpkin

75

Radish

75

Rhubarb

60

Rutabaga

75

Sage

60

Salsify

75

Savory, summer

55

Sorrel

65

Soybean

75

Spinach

60

Spinach, New Zealand

40

Squash

75

Tomato

75

Tomato, husk

50

Turnip

80

Watermelon

70

§ 201.31a Labeling treated seed.

(a) Contents of label. Any agricultural seed or any mixture thereof or any vegetable seed or any mixture thereof, for seeding purposes, that has been treated shall be labeled in type no smaller than 8 point to indicate that the seed has been treated and to show the name of any substance or a description of any process (other than application of a substance) used in such treatment, in accordance with this section; for example,

Treated with __________ (name of substance or process) or __________ (name of substance or process) treated.

If the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall also bear a label containing additional statements as required by paragraphs (c) and (d) of this section. The label shall contain the required information in any form that is clearly legible and complies with the regulations in this part. The information may be on the tag bearing the analysis information or on a separate tag, or it may be printed in a conspicuous manner on a side or top of the container.

(b) Name of substance or active ingredient. The name of any active ingredient substance as required by paragraph (a) of this section shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name. The label shall include either the name of the genus and species or the brand name as identified on biological product labels. Commonly accepted coined names are free for general use by the public, are not private trademarks, and are commonly recognized as names of particular substances, such as thiram, captan, lindane, and dichlone. Examples of commonly accepted chemical (generic) names are blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene, and ethyl mercury acetate. The terms “mercury” or “mercurial” may be used in labeling all types of mercurials. Examples of commonly accepted abbreviated chemical names are BHC (1,2,3,4,5,6-Hexachlorocyclohexane) and DDT (dichloro diphenyl trichloroethane).

(c) Mercurials and similarly toxic substances. (1) Seed treated with a mercurial or similarly toxic substance (Environmental Protection Agency Toxicity Category I), if any amount remains with the seed, shall be labeled to show a representation of a skull and crossbones at least twice the size of the type used for information required to be on the label under paragraph (a) and shall also include in red letters on a background of distinctly contrasting color a statement worded substantially as follows: “This seed has been treated with Poison,” “Treated with Poison,” “Poison treated,” or “Poison”. The word “Poison” shall appear in type no less than 8 point.

(2) Mercurials and similarly toxic substances (Environmental Protection Agency Toxicity Category I) include the following:

Aldrin, technical

Demeton

Dieldrin

p-Dimethylaminobenzenediazo sodium sulfonate

Endrin

Ethion

Heptachlor

Mercurials, all types

Parathion

Phorate

Toxaphene

O - O - Diethyl-O-(isopropyl-4-methyl-6-py- rimidyl) thiophosphate

O, O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate

Any amount of such substances remaining with the seed is considered harmful within the meaning of this section.

(d) Other harmful substances. If a substance, other than one which would be classified as a mercurial or similarly toxic substance under paragraph (c) of this section, is used in the treatment of seed, and the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall be labeled with an appropriate caution statement in type no smaller than 8 point worded substantially as follows: “Do not use for food,” “Do not use for feed,” “Do not use for oil purposes,” or “Do not use for food, feed, or oil purposes.” Any amount of any substance, not within paragraph (c) of this section, used in the treatment of the seed, which remains with the seed is considered harmful within the meaning of this section when the seed is in containers of more than 4 ounces, except that the following substances shall not be deemed harmful when present at a rate less than the number of parts per million indicated:

Allethrin—2 p.p.m.

Malathion—8 p.p.m.

Methoxyclor—2 p.p.m.

Piperonyl butoxide—8 p.p.m. on oat and sorghum and 20 p.p.m. on all other seeds.

Pyrethrins—1 p.p.m. on oat and sorghum and 3 p.p.m. on all other seeds.

§ 201.32 Screenings.

Screenings shipped in interstate commerce, if in containers, shall be labeled in a legible manner with letters not smaller than 18 point type and, if in bulk, shall be invoiced with the words, “Screenings for processing—not for seeding.”

§ 201.33 Seed in bulk or large quantities; seed for cleaning or processing.

(a) In the case of seed in bulk, the information required under sections 201(a), (b), and (i) of the Act shall appear in the invoice or other records accompanying and pertaining to such seed. If the seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots included, the information required on each container under sections 201 (a), (b), and (i) of the Act need not be shown on each container; Provided, That: (1) The omission from each container of a label with the required information is with the knowledge and consent of the consignee prior to the transportation or delivery for transportation of such seed in interstate commerce; (2) each container has stenciled upon it or bears a label containing a lot designation; and (3) the invoice or other records accompanying and pertaining to such seed bear the various statements required for the respective seeds.

(b) Seed consigned to a seed cleaning or processing establishment, for cleaning or processing for seeding purposes, need not be labeled to show the information required on each container under sections 201 (a), (b), and (i) of the Act if it is in bulk, or in containers and in quantities of 20,000 pounds or more regardless of the number of lots involved, and the invoice or other records accompanying and pertaining to such seed show that it is “Seed for processing,” or, if the seed is in containers and in quantities less than 20,000 pounds and each container bears a label with the words “Seed for processing.” If any such seed is later to be labeled as to origin and/or variety, the origin and/or variety as the case may be, shall be shown on the invoice if the seed is in bulk, otherwise, on a label, at the time of transportation to such establishment, except that if it is covered by a declaration of origin and/or variety it will be sufficient if the lot designation appearing in the declaration is placed on the invoice if the seed is in bulk, or on a label if the seed is in containers, regardless of the quantity.

§ 201.34 Kind, variety, and type; treatment substances; designation as hybrid.

(a) Indistinguishable seed and treatment substances. Reasonable precautions to insure that the kind, variety, or type of indistinguishable agricultural or vegetable seeds and names of any treatment substance are properly stated shall include the maintaining of the records described in § 201.7 or § 201.7a. The examination of the seed and any pertinent facts may be taken into consideration in determining whether reasonable precautions have been taken to insure the kind, variety, or type of seed or any treatment substance on the seed is that which is shown. Reasonable precautions in labeling ryegrass seed as to kind shall include making or obtaining the results of a fluorescence test unless (1) the shortness of the time interval between receipt of the seed lot and the shipment of the seed in interstate commerce, or (2) dormancy of the seeds in the lot, or (3) other circumstances beyond the control of the shipper prevent such action before the shipment is made. Reasonable precautions in labeling ryegrass seed as to kind shall also include keeping separate each lot labeled on the basis of a separate grower's declaration, invoice, or other documents.

(b) Name of kind. The name of each kind of agricultural or vegetable seed is the name listed in § 201.2 (h) or (i), respectively, except that a name which has become synonymous through broad general usage may be substituted therefor, provided the name does not apply to more than one kind and is not misleading.

(c) Hybrid designation. Seed shall not be designated in labeling as “hybrid” seed unless it comes within the definition of “hybrid” in § 201.2(y).

(d) Name of variety. The name of each variety of agricultural or vegetable seed is the name determined in accordance with the following considerations:

(1) The variety name shall represent a subdivision of a kind, which is characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other sorts of the same kind.

(2) Except as otherwise provided in this section, the name of a new variety shall be the name given by the originator or discoverer of the variety, except that in the event the originator or discoverer of a new unnamed variety, at the time seed of the variety is first introduced into channels of commerce of the United States for sale to the public, cannot or chooses not to name the variety, the name of the variety shall be the first name under which the seed is introduced into such commerce. However, if the variety name so provided is in a language not using the Roman alphabet, the variety shall be given a name by the person authorized under this paragraph to name the variety, in a language using the Roman alphabet.

(3) The variety name shall not be misleading. The same variety name shall not be assigned to more than one variety of the same kind of seed.

(4) The status under the Federal Seed Act of a variety name is not modified by the registration of such name as a trademark.

(5) Names of varieties which through broad general usage prior to July 28, 1956 were recognized variety names, except for hybrid seed corn, shall be considered variety names without regard to the principles stated in paragraph (d)(2) of this section.

(6) The variety name for any variety of hybrid seed corn first introduced into commercial channels in the United States for sale prior to October 20, 1951, shall be any name used for such variety in such channels prior to that date. The variety name for any variety of hybrid seed corn first introduced into commercial channels in the United States for sale on or after October 20, 1951, shall be the name assigned in accordance with paragraphs (d)(1) through (4) of this section.

(e) [Reserved]

§ 201.35 Blank spaces.

Blank spaces on the label shall be deemed to imply the word “None,” when such interpretation is reasonable.

§ 201.36 The words “free” and “none.”

The words “free” and “none” shall be construed to mean that none were found in a test complying with the methods set forth in §§ 201.45-201.52.

§ 201.36a Disclaimers and nonwarranties.

A disclaimer, nonwarranty, or limited warranty used in any invoice or other labeling, or advertisement shall not directly or indirectly deny or modify any information required by the act or the regulations in this part.

§ 201.36b Name of kind and variety; designation as hybrid.

(a) The representation of the name of a kind or kind and variety of seed in any advertisement subject to the Act shall be confined to the name of the kind or kind and variety determined in accordance with § 201.34. The name shall not have associated therewith words or terms that create a misleading impression as to the history or characteristics of the kind or kind and variety. Descriptive terms and firm names may be used in kind or variety names provided the descriptive terms or firm names are a part of the name or variety of seed; for example, Stringless Green Pod, Detroit Dark Red, Black Seeded Simpson and Henderson Bush Lima. Seed shall not be designated as hybrid seed in any advertisement subject to the Act unless it comes within the definition of “hybrid” in § 201.2(y).

(b) Terms descriptive as to color, shape, size, habit of growth, disease-resistance, or other characteristics of the kind or variety may be associated with the name of the kind or variety provided it is done in a manner which clearly indicates the descriptive term is not a part of the name of the kind or variety; for example, Oshkosh pepper (yellow), Copenhagen Market (round head) cabbage, and Kentucky Wonder (pole) garden bean.

(c) Terms descriptive of quality or origin and terms descriptive of the basis for representations made may be associated with the name of the kind or variety: Provided, That the terms are clearly identified as being other than part of the name of the kind or variety; for example, Fancy quality redtop, Idaho origin alfalfa, and Grower's affidavit of variety Atlas sorghum.

(d) Terms descriptive of the manner or method of production or processing the seed (for example, certified, registered, delinted, scarified, treated, and hulled), may be associated with the name of the kind or variety of seed, providing such terms are not misleading.

(e) Brand names and terms taken from trademarks may be associated with the name of the kind or variety of seed as an indication of source: Provided, That the terms are clearly identified as being other than a part of the name of the kind or variety; for example, Ox Brand Golden Cross sweet corn. Seed shall not be advertised under a trademark or brand name in any manner that may create the impression that the trademark or brand name is a variety name. If seed advertised under a trademark or brand name is a mixture of varieties and if the variety names are not stated in the advertising, a description similar to a varietal description or a comparison with a named variety shall not be used if it creates the impression that the seed is of a single variety.

§ 201.36c Hermetically-sealed containers.

The 5-month limitation on the date of test in §§ 201.22 and 201.30a shall not apply when the following conditions have been met:

(a) The seed was packaged within 9 months after harvest;

(b) The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 °F. with a relative humidity on one side of 90 percent and on the other side of 0 percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as:

gm.H 2 O / 24 hr. / 100 sq. in. / 100 °F. / 90% RH V.0% RH;

(c) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed below:

Agricultural seeds

Percent

Beet, field

7.5

Beet, sugar

7.5

Bluegrass, Kentucky

6.0

Clover, crimson

8.0

Fescue, red

8.0

Mustard, India

5.0

Ryegrass, annual

8.0

Ryegrass, perennial

8.0

All others

6.0

Vegetable seeds

Percent

Bean, garden

7.0

Bean, lima

7.0

Beet

7.5

Broccoli

5.0

Brussels sprouts

5.0

Cabbage

5.0

Cabbage, Chinese

5.0

Carrot

7.0

Cauliflower

5.0

Celeriac

7.0

Celery

7.0

Chard, Swiss

7.5

Chives

6.5

Collards

5.0

Corn, sweet

8.0

Cucumber

6.0

Eggplant

6.0

Kale

5.0

Kohlrabi

5.0

Leek

6.5

Lettuce

5.5

Melon

6.0

Mustard, India

5.0

Onion

6.5

Onion, Welsh

6.5

Parsley

6.5

Parsnip

6.0

Pea

7.0

Pepper

4.5

Pumpkin

6.0

Radish

5.0

Rutabaga

5.0

Spinach

8.0

Squash

6.0

Tomato

5.5

Turnip

5.0

Watermelon

6.5

All others

6.0

(d) The container is conspicuously labeled in not less than 8 point type to indicate (1) that the container is hermetically sealed, (2) that the seed has been preconditioned as to moisture content, and (3) the calendar month and year in which the germination test was completed.

(e) The percentage of germination of vegetable seed at the time of packaging was equal to or above the standards in § 201.31.

§ 201.37 Authorization.

When authorized by the Administrator of the Agriculture Marketing Service, or by such other person as may be designated for the purpose, Federal employees and qualified State officials, for the purposes of the Act, may draw samples of, secure information and inspect records pertaining to, and otherwise inspect seeds and screenings subject to the Act.