NY Agric & Mkts L § 137 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 9 - Inspection and Sale of Seeds 137 - Label Requirements of All Seeds, Including Lawn-Seeding Mixtures.

§ 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, mix, or 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 vegetable seeds in packets for use in home gardens or household plantings or vegetable seeds in pre-planted containers, mats, tapes,  or other planting devices and 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) Lot identification, such as by lot number or other means;  (c) The calendar month and year the germination test was completed and the statement "Sell by _______", which may be no  more  than  12  months from the date of test, exclusive of the month of test; or   the  year  for  which  the  seed  was packaged for sale as "Packed for _____" and the statement "Sell by _____", which shall be for a  calendar year; 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 12 months, exclusive of  the  month of test;  (d)  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 not 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; and  (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) The calendar month and year the germination test was completed and the statement "Sell by ______", which may be no more than 12 months from the date of test, exclusive of the month of test; or   the year for which the seed was  packaged  for  sale  as  "Packed  for ______" and the statement "Sell by _____", which shall be for a calendar year; 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 12 months exclusive of the month of test.  (d)  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  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.   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.   I.  For  combination  seed  and  fertilizer  products.  1.  The   word "combination" followed by the words "seed-fertilizer" 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 "seed-fertilizer" shall be no smaller that one-half the size of the word "combination" and in close proximity to the word "combination".    2. On the analysis label, the percentage by weight of  the  fertilizer in  the  container  shall be listed on a separate line as a component of the inert matter.