State Codes and Statutes

Statutes > New-york > Agm > Article-9 > 137

§ 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 or the word 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 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) 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 nor 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.    (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) 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 monthsfrom 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.

State Codes and Statutes

Statutes > New-york > Agm > Article-9 > 137

§ 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 or the word 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 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) 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 nor 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.    (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) 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 monthsfrom 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-9 > 137

§ 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 or the word 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 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) 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 nor 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.    (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) 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 monthsfrom 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.

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