State Codes and Statutes

Statutes > Wisconsin > 94 > 94.39

94.39

94.39 Seed labeling requirements. Each label for agricultural or vegetable seed required under s. 94.385 shall be a plainly written or printed label in the English language, giving the following information:

94.39(1)

(1) For agricultural seeds:

94.39(1)(a)

(a) The commonly accepted name of the kind or kind and variety of each agricultural seed component in excess of 5 per cent of the whole and the percentage by weight of each in order of its predominance. When more than one component is required to be named, the word "mixture" or "mixed" shall be shown conspicuously on the label. Seed components of 5 per cent or less may be named, if desired.

94.39(1)(am)

(am) The percentage of hybrid seed included in the pure seed contents of the container or bulk lot, if the percentage is less than 96%. No kind or variety of seed may be labeled as hybrid seed unless the pure seed consists of at least 75% hybrid seed. Designations of hybrid seed shall be treated in the same manner as are names of varieties under par. (a).

94.39(1)(b)

(b) Lot number or other identification.

94.39(1)(c)

(c) Origin by state or foreign country of alfalfa, red clover, white clover or field corn, except hybrid field corn. If the origin of these crop seeds is unknown, that fact shall be stated.

94.39(1)(d)

(d) Percentage by weight of all weed seeds.

94.39(1)(e)

(e) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in excess of:

94.39(1)(e)1.

1. One seed in 2.5 grams of redtop, bent grass and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)2.

2. One seed in 5 grams of rough bluegrass (Poa trivialis) and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)3.

3. One seed in 10 grams of Kentucky bluegrass, timothy and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)4.

4. One seed in 20 grams of alsike clover, white clover, reed canary grass and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)5.

5. One seed in 30 grams of orchard grass, chewings fescue, red fescue, birds-foot trefoil and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)6.

6. One seed in 50 grams of alfalfa, red clover, sweet clover, ryegrass, tall fescue, foxtail millet and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)7.

7. One seed in 70 grams of smooth brome, rape and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)8.

8. One seed in 90 grams of Japanese millet and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)9.

9. One seed in 100 grams of crown vetch and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)10.

10. One seed in 150 grams of proso millet, flax and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)11.

11. One seed in 250 grams of Sudan grass and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)12.

12. One seed in 500 grams of oats, rye, barley, wheat, sorghum, buckwheat, sunflower and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(e)13.

13. One seed in 500 grams of field beans, peas, corn, soybeans and seeds of similar size and weight and mixtures of those seeds.

94.39(1)(f)

(f) Percentage by weight of all other crop seeds.

94.39(1)(g)

(g) Percentage by weight of inert matter.

94.39(1)(h)

(h) For each agricultural seed named under par. (a):

94.39(1)(h)1.

1. Percentage of germination, exclusive of hard seed.

94.39(1)(h)2.

2. Percentage of hard seeds, if present.

94.39(1)(h)3.

3. The calendar month and year the test was completed to determine such percentages.

94.39(1)(i)

(i) Name and address of the person who labeled the seed, or who sells, distributes or offers or exposes it for sale within this state.

94.39(3)

(3) For vegetable seeds in containers of one pound or less:

94.39(3)(a)

(a) Name of kind and variety.

94.39(3)(b)

(b) For seeds which germinate less than the standard established by department rule:

94.39(3)(b)1.

1. Percentage of germination, exclusive of hard seed.

94.39(3)(b)2.

2. Percentage of hard seeds, if present.

94.39(3)(b)3.

3. The calendar month and year the test was completed to determine such percentages.

94.39(3)(b)4.

4. The words "Below Standard" in not less than 8-point type.

94.39(3)(c)

(c) Name and address of the person who labeled the seed, or who sells, distributes or offers or exposes it for sale within this state.

94.39(4)

(4) For vegetable seeds in containers of more than one pound:

94.39(4)(a)

(a) The name of each kind and variety present in excess of 5% of the whole and the percentage by weight of each, in order of its predominance.

94.39(4)(b)

(b) Lot number or other identification.

94.39(4)(c)

(c) For each vegetable seed named:

94.39(4)(c)1.

1. Percentage of germination, exclusive of hard seed.

94.39(4)(c)2.

2. Percentage of hard seeds, if present.

94.39(4)(c)3.

3. The calendar month and year the test was completed to determine such percentages.

94.39(4)(d)

(d) Name and address of the person who labeled the seed, or who sells, distributes or offers or exposes it for sale within this state.

94.39(5)

(5) For all treated seeds, in addition to other labeling requirements under this section (for which a separate label may be used):

94.39(5)(a)

(a) A word or statement indicating that the seed has been treated.

94.39(5)(b)

(b) The commonly accepted coined, chemical (generic) or abbreviated chemical name of the substance applied or a description of the process used.

94.39(5)(c)

(c) If the substance applied to the seed is harmful to human or other vertebrate animals:

94.39(5)(c)1.

1. The caution statement "Do not use for food, feed or oil purposes" or a similar statement;

94.39(5)(c)2.

2. Words and symbol or a single word indicating the toxicity of the substance used to treat the seed, such as "Danger Poison" and the skull and crossbones symbol, "Warning" or "Caution"; and

94.39(5)(c)3.

3. A statement setting forth the antidote, if any, and the first aid treatment directions for poisoning by the specific substance.

94.39(6)

(6) For all preinoculated seeds, in addition to other labeling requirements under this section (for which a separate label may be used):

94.39(6)(a)

(a) A word or statement indicating that the seed has been preinoculated.

94.39(6)(b)

(b) The date beyond which the inoculant is not to be considered effective.

94.39(7)

(7) For field corn seed, in addition to other labeling requirements under this section:

94.39(7)(a)

(a) The commonly accepted name of the variety or, if none, descriptive name.

94.39(7)(b)

(b) The relative maturity ascribed by the labeler.

94.39(8)

(8) For all coated seeds, in addition to other labeling requirements under this section, a word or statement indicating that the seed has been coated.

94.39 - ANNOT.

NOTE: This section is repealed eff. 1-1-11 by 2009 Wis. Act 28.

94.39 - ANNOT.

History: 1975 c. 39, 308; 1985 a. 138; 2009 a. 28.