Ariz. Admin. Code § 3-4-402

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-4-402 - Labeling

A. General requirements:

1. Blank spaces or the words "free or none" mean "0" and "0.00%" for the purpose of applying the tolerances prescribed in this Article.

2. Labeling for purity and germination shall not show higher results than actually found by test.

3. The terms "foundation seed," "registered seed," and "certified seed", as defined in the "Federal Seed Act", are authorized for use on seed certified by a seed certifying agency under the laws of Arizona as delineated in R3-4-405.

4. Relabeling. Any person relabeling seed in its original container shall include the following information on a label or a replacement date sticker:

a. The calendar month and year the germination test was completed to determine the germination percentage and the sell-by date as required by subsection (C)(3)(i)(iv) or (C)(5)(c)(i),

b. The same lot designation as on the original labels, and

c. The identity of the person relabeling the seed if different from the original labeler.

5. Labeling of seed distributed for wholesale. After seed has been conditioned, a labeler shall ensure the seed is labeled as follows:

a. When supplied for retail or directly to a consumer, each bag or bulk lot must be completely labeled.

b. When supplied for wholesale, if each bag or other container is clearly identified by a lot number permanently displayed on the container or if the seed is in bulk, the labeling of seed may be by invoice.

c. When supplied for wholesale, if each bag or container is not identified by a lot number, it must carry complete labeling.

6. Seeds for sprouting. All labels of seeds sold for sprouting for salad or culinary purposes shall indicate the following information:

a. Commonly accepted name of kind or kinds;

b. Lot number;

c. Percentage by weight of each pure seed component in excess of 5 percent of the whole, other crop seeds, inert matter, and weed seeds, if occurring;

d. Percentage of germination of each pure seed component;

e. Percentage of hard seed, if present; and

f. The calendar month and year the germination test was completed to determine the percentages in subsections (c), (d) and (e).

7. Non-Commercial Seed Sharing. Agricultural, vegetable, or flower seeds that are distributed for sowing purposes in a non-com-mercial setting shall bear on each container a plainly written or printed label or tag in English with the following information:

a. The name of the kind or kinds and variety of each agricultural, vegetable, or flower seed component present. Hybrids shall be labeled as hybrids.

b. A word or statement indicating if the seed has been treated. And if treated, must be labeled as provided in subsection (C)(2).

c. Some form of reference identification that provides traceability. Retention of posterity file samples are not required.

d. Name and city or address of the non-commercial seed sharing entity.

e. The full name of the donor and calendar month and year the seed was donated.

f. The seed shall be free of foreign material, other than coatings or treatments, including germination medium, mulch, fertilizer, pre-planted containers, mats, tapes or other planting devices.

g. No distributed container shall hold more than eight ounces of agricultural seed or four ounces of vegetable or flower seed.

h. Germination and purity analysis are not required, however if a germination or purity percentage is noted on the label, it must be noted whether or not the analysis was performed according to the Association of Official Seed Analysts rules for testing seed.

i. At each location involved with non-commercial seed sharing a legible and visible sign shall state that the seeds being distributed may not meet germination or varietal purity standards prescribed by the state seed law. The sign must also state that patented seed or varieties protected by the Plant Variety Protection Act will not be accepted or distributed without permission of the certificate holder. (P.L. 91-577: 84 Stat. 1542; 7 U.S.C. §§ 2321 through 2582 as amended December 20, 2018, https://uscode.house.gov/view.xhtml?path=/prelim@title7/chapter57&edition=prelim. These materials are incorporated by reference, on file with the Department, and do not include any later amendments or editions).

B. Kind, variety, or type.

1. All agricultural seeds sold in this state, except as stated in subsection (B)(2), shall be labeled to include the recognized variety name or type or the words "Variety not stated." A brand is not a kind and variety designation and shall not be used instead of a variety name.

2. All cotton planting seed sold, offered for sale, exposed for sale, or transported for planting purposes in this state, shall have a label that includes both kind and variety.

C. Agricultural, vegetable, or flower seeds that are sold, offered for sale, or exposed for sale within this state shall bear on each container a plainly written or printed label or tag in English. No modifications or disclaimers shall be made to the required label information in the labeling or on another label attached to the container. No misleading information shall appear on the label. The label shall include the following information:

1. For agricultural, vegetable, and flower seeds that have been treated, the following is required and may appear on a separate label:

a. Language indicating that the seed has been treated;

b. The commonly-accepted chemical name of the applied substance or a description of the process used;

c. If a substance that is harmful to human or animals is present with the seed, a caution statement such as "Do not use for food, feed, or oil purposes." The caution for highly toxic substances shall be a poison statement and symbol; and

d. If the seed is treated with an inoculant, the date of expiration, which is the date beyond which the inoculant is not to be considered effective.

2. For agricultural seeds, except for lawn and turf grass seed and mixtures of lawn and turf grass seed as provided in subsection (C)(3); for seed sold on a pure live seed basis as provided in subsection (C)(7); and for hybrids that contain less than 95 percent hybrid seed as provided in subsection (C)(8):

a. The name of the kind and variety for each agricultural seed component in excess of five percent of the whole and the percentage by weight of each. If the variety of the kinds generally labeled as a variety designated in this Article is not stated, the label shall show the name of the kind and the words, "variety not stated." Hybrid seed shall be labeled as hybrid;

b. Lot number or other lot identification;

c. Origin of alfalfa, red clover, and field corn (except hybrid corn) or if the origin is unknown, a statement that the origin is unknown;

d. Percentage by weight of all weed seeds;

e. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

f. Percentage by weight of agricultural seeds other than those required to be named on the label. Agricultural seeds may be designated as "crop seeds;"

g. Percentage by weight of inert matter;

h. The sum total of weight identified in subsections (a), (d), (f), and (g) shall equal 100 percent;

i. For each named agricultural seed:

i. Percentage germination, excluding hard seed;

ii. Percentage of hard seeds, if present; and

iii. The calendar month and year the test was completed to determine the percentages. The statement "total germination and hard seed" may be included following the percentages required under subsections (i) and (ii).

j. Net weight of seed in the container or seed count per unit weight; and

k. Name and address of the labeler, or the person who sells, offers, or exposes the seed for sale within this state.

3. For lawn and turf grass seed and lawn and turf grass seed mixtures:

a. For single kinds, the name of the kind or kind and variety and the percentage by weight.

b. For mixtures, the word "mix, "mixed", or "mixture" or "blend" shall be stated with the name of the mixture, along with the commonly accepted name of each kind or kind and variety of each agricultural seed component in excess of five percent of the whole and the percentages by weight.

c. The percentage by weight of each kind of pure seed shall be listed in order of its predominance and in columnar form. The heading "pure seed" and "germination" or "germ" shall be placed consistent with generally accepted industry practices.

d. Percentage by weight of agricultural seed other than those required to be named on the label which shall be designated as "crop seed."

e. The percentage by weight of inert matter for lawn and turf grass shall not exceed ten percent, except that 15 percent inert matter is permitted in Kentucky bluegrass labeled without a variety name. Foreign material that is not common to grass seed shall not be added, other than material used for coating, as in subsection (C)(4), or combination products, as in subsection (C)(9).

f. Percentage by weight of all weed seeds. Weed seed content shall not exceed one-half of one percent by weight.

g. The sum total for subsections (a), (b), (c), (d), (e) and (f) shall equal 100 percent.

h. Noxious weeds that are required by this Article to be labeled shall be listed under the heading "noxious weed seeds."

i. For each lawn and turf seed named under subsection (a) or (b):

i. Percentage of germination, excluding hard seed;

ii. Percentage of hard seed, if present;

iii. Calendar month and year the germination test was completed to determine percentages in subsections (i) and (ii); and

iv. For seed sold for retail non-farm usage the statement "sell by (month/year)" which shall be no more than 15 months from the date of the germination test excluding the month of the test.

j. Name and address of the labeler, or the person who sells, offers or exposes the seed for sale within this state.

4. For coated agricultural, vegetable, flower, or lawn and turf seeds that are sold by weight:

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 not including coating material;

d. Percentage of germination determined on 400 pellets with or without seeds;

e. All other applicable requirements in subsections (C)(1), (2), and (3).

5. For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in pre-planted containers, mats, tapes, or other planting devices:

a. Name of kind and variety of seed;

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

c. One of the following:

i. The calendar month and year the germination test was completed and the statement "Sell by (month/year)." The date indicated shall be no more than 15 months from the date of the test, excluding the month of the test;

ii. The calendar year for which the seed was packaged for sale as "packed for (year)" and the statement "sell by (year)"; or

iii. The percentage germination and the calendar month and year the test was completed to determine the percentage if the germination test was completed within 15 months, excluding the month of the test;

d. Name and address of the labeler, or the person who sells, offers, or exposes the seed for sale within this state;

e. For seeds that germinate less than the standard established under R3-4-404(A), (B) and (C)(i): percentage of germination, excluding hard seed; percentage of hard seed, if present; and the words "Below Standard" in not less than 8-point type;

f. For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.

6. For vegetable seeds in containers other than packets prepared for use in home gardens, household plantings, pre-planted containers, mats, tapes, or other planting devices:

a. The name of each kind and variety present in excess of five percent and the percentage by weight of each in order of its predominance;

b. Lot number or other lot identification;

c. For each named vegetable seed:

i. Percentage germination, excluding hard seed;

ii. Percentage of hard seed, if present; and

iii. The calendar month and year the test was completed to determine the percentages; The statement "Total germination and hard seed" may be included following the percentages required under subsections (C)(6)(c)(i) and (C)(6)(c)(ii);

d. Name and address of the labeler, or the person who sells, offers or exposes the seed for sale within this state; and

e. The labeling requirements for vegetable seeds in containers of more than one pound are met if the seed is weighed from a properly labeled container in the presence of the purchaser.

7. For agricultural seeds sold on a pure live seed basis, each container shall bear a label containing the information required by subsection (C)(2), except:

a. The label need not show:

i. The percentage by weight of each agricultural seed component as required by subsection (C)(2)(a); or

ii. The percentage by weight of inert matter as required by subsection (C)(2)(g); and

b. For each named agricultural seed, the label must show instead of the information required by subsection (C)(2)(h):

i. The percentage of pure live seed; and

ii. The calendar month and year in which the test determining the percentage of live seed was completed.

8. For agricultural and vegetable hybrid seeds that contain less than 95 percent hybrid seed:

a. Kind or variety shall be labeled as "hybrid,"

b. The percentage that is hybrid shall be labeled parenthetically in direct association following the named variety; for example - comet (85% hybrid), and

c. Varieties in which the pure seed contains less than 75 percent hybrid seed shall not be labeled hybrids.

9. For combination mulch, seed, and fertilizer products:

a. The word "combination" followed by the words "mulch - seed - fertilizer", as appropriate, shall appear on the upper 30 percent of the principal display panel. The word "combination" shall be the largest and most conspicuous type on the container, equal to or larger than the product name. The words "mulch - seed - fertilizer", as appropriate, shall be no smaller than one-half the size of the word "combination" and in close proximity to the word "combination."

b. The products shall not contain less than 70 percent mulch.

c. Agricultural, flower, vegetable, lawn, and turf seeds placed in a germination medium, mat, tape, or other device or mixed with mulch shall be labeled as follows:

i. Product name;

ii. Lot number;

iii. Percentage by weight of pure seed of each kind and variety named. The kind and variety named may be less than 5 percent of the whole;

iv. Percentage by weight of other crop seeds;

v. Percentage by weight of inert matter, which shall not be less than 70 percent;

vi. Percentage by weight of weed seeds;

vii. The total of subsections (iii), (iv), (v), and (vi) shall equal 100 percent;

viii. Name and number of noxious weed seeds per pound, if present;

ix. Hard seed percentage, if present, and percentage of germination of each kind or kind and variety named and the month and year the test was completed; and

x. Name and address of the labeler or the person who sells, offers or exposes the product for sale within this state.

D. Labeling requirements: flowers.

1. For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in pre-planted containers, mats, tapes, or other planting devices:

a. For all kinds of flower seeds:

i. The name of the kind and variety or a statement of type and performance characteristics as prescribed in subsection (D)(3); and

ii. Name and address of the labeler, or the person who sells, offers, or exposes the seed for sale within this state, and one of the following subsections (D)(1)(a)(iii) through (v);

iii. The calendar month and year the germination test was completed and the statement "Sell by (month/year)." The date indicated shall be no more than 15 months from the date of the test excluding the month of the test; or

iv. The calendar year for which the seed was packaged for sale as "packed for (year)" and the statement "sell by (year)"; or

v. The percentage germination and the calendar month and year the test was completed to determine the percentage if the germination test was completed within 15 months, excluding the month of the test.

b. For kinds of flower seeds for which standard testing procedures are prescribed by the Association of Official Seed Analysts and that germinate less than the germination standards prescribed under the provisions of R3-4-404(B):

i. Percentage of germination, excluding hard seeds;

ii. Percentage hard seed, if present; and

iii. The words "Below Standard" in not less than eight-point type.

c. For flower seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

2. For flower seeds in containers other than packets and other than pre-planted containers, mats, tapes, or other planting devices and not prepared for use in home flower gardens or household plantings:

a. The name of the kind and variety or a statement of type and performance characteristics as prescribed in subsection (D)(3), and for wildflowers, the genus and species and subspecies, if appropriate;

b. The lot number or other lot identification;

c. For wildflower seed with a pure seed percentage of less than 90 percent:

i. The percentage, by weight, of each component listed in order of the component's predominance;

ii. The percentage by weight of weed seed, if present; and

iii. The percentage by weight of inert matter;

d. For kinds of seed for which standard testing procedures are prescribed by the Association of Official Seed Analysts:

i. Percentage of germination, excluding hard or dormant seed;

ii. Percentage of hard or dormant seed, if present; and

iii. The calendar month and year that the test was completed to determine the percentages in subsections (D)(2)(d)(i) and (ii);

e. For those kinds of flower seed for which standard testing procedures are not prescribed by the Association of Official Seed Analysts, the year of production or collection; and

f. Name and address of the labeler, or the person who sells, offers, or exposes the flower seed for sale within this state.

3. Requirements to label flower seeds with kind and variety, or type and performance characteristics as prescribed in subsection (D)(1)(a)(i) and (D)(2)(a) shall be met as follows:

a. For seeds of plants grown primarily for their blooms:

i. If the seeds are of a single named variety, the kind and variety shall be stated, for example, "Marigold, Butterball";

ii. If the seeds are of a single type and color for which there is no specific variety name, the type of plant, if significant, and the type and color of bloom shall be indicated, for example, "Scabiosa, Tall, Large Flowered, Double, Pink";

iii. If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant, if significant, and the type or types of bloom shall be indicated. It shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is "Marigold, Dwarf Double French, Mixed Colors";

iv. If the seeds consist of an assortment or mixture of kinds or kinds and varieties, it shall clearly indicate that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated, for example, "Cut Flower Mixture", or "Rock Garden Mixture". Statements such as "General Purpose Mixture", "Wonder Mixture", or any other statement that fails to indicate the specific use of the seed shall not be considered as meeting the requirements of this subsection unless the specific use of the mixture is also stated. Containers with over three grams of seed shall list the kind or kind and variety names of each component present in excess of five percent of the whole in the order of their predominance, giving the percentage by weight of each. Components equal to or less than five percent shall be listed, but need not be listed in order of predominance. A single percentage by weight shall be given for these components that are less than five percent of the whole. If no component of a mixture exceeds five percent of the whole, the statement, "No component in excess of 5%" may be used. Containers with three grams of seed or less shall list the components without giving percentage by weight and need not be in order of predominance.

b. For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety shall be stated, or the kind shall be stated together with a descriptive statement concerning the ornamental part of the plant, for example, "Ornamental Gourds, Small Fruited, Mixed."

E. Label requirement for tree and shrub seeds. Tree or shrub seeds that are sold, offered for sale, or exposed for sale within this state shall bear on each container a plainly written or printed label or tag in English. No modifications or disclaimers shall be made to the required label information in the labeling or on another label attached to the container. Labeling of seed supplied under a contractual agreement meets this requirement if the shipment is accompanied by an invoice or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number permanently displayed on the container or if the seed is in bulk. Each bag or container not clearly identified by a lot number must carry complete labeling. The label shall include the following information:

1. For tree and shrub seeds that have been treated, the following may appear on a separate label:

a. Language indicating that the seed has been treated;

b. The commonly accepted chemical name of the applied substance or description of the process used;

c. If the substance is harmful to human or animals, a caution statement such as "do not use for food or feed or oil purposes". The caution for highly toxic substances shall be a poison statement and symbol; and

d. If the seed has been treated with an inoculant, the date of expiration, which is the date the inoculant is no longer considered effective;

2. For all tree and shrub seeds subject to this Article:

a. Common name of the species of seed and if appropriate, the subspecies;

b. The scientific name of the genus and species and if appropriate, the subspecies;

c. Lot number or other lot identification;

d. Origin.

i. For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, a geographic description, or identification of a political subdivision, such as a state or county; or

ii. For seed collected from other than a predominantly indigenous stand, identification of the area of collection and the origin of the stand, or the statement "origin not indigenous";

e. The elevation or the upper and lower limits of elevations within which the seed was collected;

f. Purity as a percentage of pure seed by weight;

g. For those species listed under R3-4-404 (C), the following apply except as provided in subsection (E)(2)(h):

i. Percentage germination excluding hard seed;

ii. Percentage of hard seed, if present;

iii. The calendar month and year the test was completed to determine the percentages in subsection (E)(2)(g)(i) and (ii);

h. Instead of complying with subsections (E)(2)(g)(i), (ii), and (iii), the seed may be labeled, "Test is in process, results will be supplied upon request";

i. For those species for which standard germination testing procedures have not been prescribed, the calendar year in which the seed was collected; and

j. Name and address of the labeler, or the person who sells, offers, or exposes the seed for sale within this state.

F. Hermetically sealed seed shall meet the following requirements as prescribed in the "Federal Seed Act:"

1. The seed shall have been packaged within nine months of harvest;

2. The container used shall 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 0 percent. Water vapor penetration (WVP) is measured in accordance with the U.S. Bureau of Standards as: gm H20/24 hr/ 100 sq in/ 100°F /90% RHV 0% RH;

3. The seed in the container shall not exceed the percentage of moisture, on a wet weight basis, as listed below:

a. Agricultural Seeds,

i. Beet, Field: 7.5;

ii. Beet, Sugar: 7.5;

iii. Bluegrass, Kentucky: 6.0;

iv. Clover, Crimson: 8.0;

v. Fescue, Red: 8.0;

vi. Mustard, India: 5.0;

vii. Ryegrass, Annual: 8.0;

viii. Ryegrass, Perennial: 8.0; and

ix. All Others: 6.0;

b. Vegetable Seeds,

i. Bean, Garden: 7.0;

ii. Bean, Lima: 7.0;

iii. Beet: 7.5;

iv. Broccoli: 5.0;

v. Brussels Sprouts: 5.0;

vi. Cabbage: 5.0;

vii. Carrot: 7.0;

viii. Cauliflower: 5.0;

ix. Celeriac: 7.0;

x. Celery: 7.0;

xi. Chard, Swiss: 7.5;

xii. Chinese Cabbage: 5.0;

xiii. Chives: 6.5;

xiv. Collards: 5.0;

xv. Corn, Sweet: 8.0;

xvi. Cucumber: 6.0;

xvii. Eggplant: 6.0;

xviii. Kale: 5.0;

xix. Kohlrabi: 5.0;

xx. Leek: 6.5;

xxi. Lettuce: 5.5;

xxii. Melon: 6.0;

xxiii. Mustard, India: 5.0;

xxiv. Onion: 6.5;

xxv. Onion, Welsh: 6.5;

xxvi. Parsley: 6.5;

xxvii. Parsnip: 6.0;

xxviii. Pea: 7.0;

xxix. Pepper: 4.5;

xxx. Pumpkin: 6.0;

xxxi. Radish: 5.0;

xxxii. Rutabaga: 5.0;

xxxiii. Spinach: 8.0;

xxxiv. Squash: 6.0;

xxxv. Tomato: 5.5;

xxxvi. Turnip: 5.0;

xxxvii. Watermelon: 6.5; and

xxxviii. All others: 6.0.

4. The container shall be conspicuously labeled in not less than 8-point type to indicate:

a. That the container is hermetically sealed,

b. That the seed has been preconditioned as to moisture content, and

c. The calendar month and year in which the germination test was completed; and

5. The germination percentage of the seed at the time of packaging shall have been equal to or higher than the standards specified elsewhere in subsection R3-4-404.

Ariz. Admin. Code § R3-4-402

Adopted effective December 21, 1981 (Supp. 81-6). Former Section R3-4-111 renumbered without change as Section R3-4-402 (Supp. 89-1). Section R3-4-402renumbered from R3-1-402 (Supp. 91-4). Amended effective July 10, 1995 (Supp. 95-3). Amended by final rulemaking at 13 A.A.R. 1464, effective June 2, 2007 (Supp. 07-2). Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.