Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 25 - Seed › Section 35:30-25-2 - Labeling requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Agricultural Seed.
Labeling requirements for agricultural seed are
				as follows:
(1) The word "trace" or other
				nonspecific word is prohibited from the label in expressing any required
				labeling point.
(2) Noxious weeds
				shall be expressed on the label in "Name and Number Per Pound", subject to the
				limitations in Section
				35:30-24-4.
				The name and number per gram or per ounce cannot be used in expressing noxious
				weeds. The words "None in Excess" or similar phrases are prohibited in the
				labeling of noxious weeds.
(3)
				Unacceptable abbreviations in labeling seed are not permissible.
(4) The percent of germination, hard or firm
				seed, shall be expressed in whole figures.
(5) Noncertified seed labeled a variety which
				has been restricted for sale to certified class only by the Federal Seed Act
				and U.S. Plant Variety Protection Act shall be considered falsely labeled.
(6) The name of the laboratory
				testing the seed is not required on the label. Phrases such as "State Tested"
				or "Tested by Oklahoma Seed Laboratory" are not permitted on the label.
(7) Variety labeling requirements
				are as follows:
(A) The following kinds of
				agricultural seeds are generally labeled as to variety and shall be labeled to
				show the variety name or the words "variety not stated":
(i) Alfalfa
(ii) Bahiagrass
(iii) Barley
(iv) Bean, field
(v) Beet, field
(vi) Brome, smooth
(vii) Broomcorn
(viii) Clover, crimson
(ix) Clover, red
(x) Clover, white
(xi) Corn, field
(xii) Corn, pop
(xiii) Cotton
(xiv) Cowpea
(xv) Fescue, tall
(xvi) Flax
(xvii) Lespedeza, striate
(xviii) Millet, foxtail
(xix) Millet, pearl
(xx) Oat
(xxi) Pea, field
(xxii) Peanut
(xxiii) Rice
(xxiv) Rye
(xxv) Safflower
(xxvi) Sorghum
(xxvii) Sorghum-sudangrass, hybrid
(xxviii) Soybean
(xxix) Sudangrass
(xxx) Sunflower
(xxxi) Tobacco
(xxxii) Trefoil, birdsfoot
(xxxiii) Wheat, common
(xxxiv) Wheat, durum
(B) If the name of the variety is given, the
				name may be associated with the name of the kind with or without the words
				"kind and variety". The percentages in this case, which may be shown as "pure
				seed", shall apply only to seed of the variety named. If separate percentages
				for the kind and variety are shown, the name of the kind and the name of the
				variety shall be clearly associated with the respective percentages. When two
				or more varieties are present in excess of 5 percent and are named on the
				label, the name of each variety shall be accompanied by the percentage of each.
(8) When type is
				designated, the designation may be associated with the name of the kind but
				shall in all cases be clearly associated with the word "type". The percentage,
				which may be shown as "pure seed", shall apply only to the type designated. If
				separate percentages for the kind and the type are shown, the percentages shall
				be clearly associated with the name of the kind and the name of the type.
(A) If the type designation does not include
				a variety name, it shall include a name descriptive of a group of varieties of
				similar character; and the pure seed shall be at least 90 percent of one or
				more varieties all of which conform to the type designation.
(B) If the name of a variety is used as a
				part of the type designation, the seed shall be of that variety and may contain
				an admixture of seed of other indistinguishable varieties of the same kind and
				of similar character; or an admixture of indistinguishable seeds having genetic
				characteristics dissimilar to the variety name by reason of cross-fertilization
				with other varieties. In either case, at least 90 percent of the pure seed
				shall be of the variety named or upon growth shall produce plants having
				characteristics similar to the variety named. No one kind or variety of seed
				shall be labeled as hybrid if the pure seed contains less than 90 percent
				hybrid seed.
(9) No one
				kind or variety of seed shall be labeled as hybrid if the pure seed contains
				less than (90) percent hybrid seed.
(10) Agricultural seeds other than those
				included in the percentage or percentages of kind, hybrid, variety, or type may
				be expressed as "other crop seeds" or "other crop", but the percentage shall
				include collectively all kinds, hybrids, varieties, or types not named upon the
				label.