Rule 40-12-5-.02 - Label Specifications(1)Requirements for Labeling Tags and Records.(a) Abbreviations in labeling are not permitted.(b) All information required on the analysis tag shall be placed on one side of the label and no other information shall be placed on the tag with the analysis.(c) All information required on the analysis tag shall be truthful and not misleading or illegible.(d) A complete analysis shall be given on labeling tags and the purity component percentages must total one hundred (100) percent. Blank spaces or incomplete analyses are not permitted. Either numerals or the word "none" shall be used to express a percentage or number per pound.(e) All invoices and records pertaining to the shipment or sale of seed shall show each lot number.(2)Descriptive Information.(a) Descriptive information that may be misleading when associated with the variety and kind names on the label shall be separated from the latter by placing in parentheses. 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.(b) 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.(c) The place of origin shall not be used in connection with the variety or kind names, unless it is a part of the generally recognized name of variety or kind.(3)Hybrid Seed. Seed shall not be designated in labeling as "hybrid" seed unless it comes within the definition of "hybrid" in Code section 2-11-21.(4)Brand Names.(a) 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.(b) 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.(c) 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.(5)Origin.(a) 'Origin' or 'where grown' shall be shown on the label for agricultural seed. Whenever such seed originates in more than one state, the name of each state shall be shown on the label.(b) In the case of an agricultural seed mixture, a single origin may be shown on the label if it applies to all pure seed components in the mixture, but if the pure seed components of the mixture originate from different states, origin shall be stated separately for each such component.(6)Lawn and Turf Seed Mixtures.(a) Pursuant to Code section 2-11-22, seed mixtures intended for lawn and turf purposes shall be designated as 'mixed' or 'mixture' on the label.(b) Seed mixture components as illustrated in Rule section 40-12-5-.01(b) must be labeled in columnar form and in order of predominance to show the commonly accepted name of kind, variety, origin and percentage by weight of each in excess of 5 percent of the whole.(7)Open Containers of Seed.(a) Open containers of agricultural seed or of more than one pound of vegetable seed shall be deemed to have met labeling requirements if the seed is weighed from a properly labeled container in the presence of the purchaser.(b) If the seed is treated with a pesticide, an appropriate treatment label pursuant to Code section 2-11-22shall be displayed on the open container and a copy of the treatment labeling shall be provided with all seed sold from that container.(8)Colorant Dyeing of Treated Seed. All seed bearing a seed treatment in excess of a recognized tolerance or for which no tolerance or exemption from tolerance is recognized by the Federal Food, Drug and Cosmetic Act shall be denatured by a suitable colorant dye to impart an unnatural color to the seed to prevent their subsequent use as food for man or animal.(9)Use of Disclaimers. 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 Georgia Seed Law, Rules and Regulations.(10)Mixed Cowpeas. Cowpeas (a.k.a. southernpeas) consisting of mixed varieties may be sold by labeling them as "mixed cowpeas" or "mixed southernpeas." The percentage of pure seed shall represent all cowpeas and a germination test shall be based on a uniform sample of all varieties in the seed lot. Cowpeas shall be labeled "mixed" when they contain more than one other variety or a combination of other varieties in excess of five (5) percent by weight.(11)Soybean Lots Containing Cowpeas. Soybean seed lots containing cowpeas or southernpeas are prohibited from being sold, offered for sale, exposed for sale or transported within this state.(12)Labeling Hard Seed or Dormant Seed. Pursuant to Code section 2-11-22, when hard seed or dormant seed occurs in a seed lot, the label shall show the percentage of such in addition to the percent germination. Following this information, the 'total germination and hard seed' or 'total germination and dormant seed' may be stated as such, if desired.(13)Relabeling Expired Tags. Relabeling expired tags by obtaining a new germination test and subsequently updating or replacing the old tag is the responsibility of the dealer on whose premises the seed are located. The following information shall appear on a label for relabeling seeds in their original containers: (a) The calendar month and year the germination test was completed to determine such percentage.(b) For those seed kinds requiring percent germination to be shown, the percent germination plus hard or dormant seed, as reported for the new germination test.(c) The same lot designation as on the original labels.(d) The identity of the labeling person if different from the original labeler.Ga. Comp. R. & Regs. R. 40-12-5-.02
Ga. L. 1956, p. 217; O.C.G.A. Sec. 2-11-28.
Original Rule entitled "Requirements As to Tags" adopted. F. and eff. June 30, 1965.Repealed: New Rule entitled "Label Specifications." F. Jun. 4, 1997; eff. July 1, 1997, as specified by the Agency.