Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 4 - SEEDS › Section R3-4-402 - Labeling

Current through Register Vol. 30, No. 28, July 12, 2024
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).