N.Y. Comp. Codes R. & Regs. tit. 1 § 95.7

Current through Register Vol. 46, No. 53, December 31, 2024

Section 95.7 - Warning on treated seed

The following provisions shall apply to the labeling of treated seed to provide "a warning adequate to protect the public" as required in section 137 of the Agriculture and Markets Law:

(a) Seed treated with a mercurial or similarly toxic substance, 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 other information pertaining to treatment on the label, 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.

Examples of mercurials and similarly toxic substances are the following:

Aldrin, technical

Demeton

Dieldrin

Endrin

Heptachlor

o, o-diethyl S- (ethylthiomethyl) phosphorodithiolate

o, o-diethyl S-2- (ethylthio) ethyl phosphorodithiolate

Phenyl amino cadmium dilactate

Mercurials (all types):

Ethyl mercury acetate

N-ethylmercuri-1, 2, 3, 6-tetrahydro-3, 6,-endomethano-3, 4, 5, 6, 7, 7- hexachlorophthalimide

Ethyl mercury chloride

Ethyl mercury 2, 3-dihydroxy propyl mercaptide

Ethyl mercury perthiocyanate

Ethyl mercury p-toluene sulfonanilide

Ethyl propyl mercury bromide

Hydroxymercuric cresol

Hydroxy mercurichlorophenol

Hydroxy mercurinitrophenol

Mercuric chloride; corrosive sublimate

Mercurous chloride; calomel

Mercuric oxide

Methyl mercury dicyan diamide

Methyl mercury hydroxide

Methyl mercury nitril

2-methoxy ethyl mercury acetate

Mercury-zinc-chromate

Phenyl mercury acetate

Phenyl mercury ammonium acetate

Phenyl mercury chloride

Phenyl mercury ethylene diamine acetate

Phenyl mercury formamide

Phenyl mercury salicylate

Phenyl mercury urea

Sodium ethyl mercury salicylate

(b) If a substance other than one which would be classified as a mercurial or similarly toxic substance 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 which is not a mercurial or similarly toxic substance, used in the treatment of seed, which remains with the seed is considered harmful within the meaning of this section when the seed is in containers of more than four 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.

Pyrethrine--1 p.p.m.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 95.7