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2017 Florida Statutes

F.S. 578.09
578.09 Label requirements.Each container of agricultural, vegetable, or flower seed sold, offered for sale, exposed for sale, or distributed for sale within this state for sowing or planting purposes shall bear thereon or have attached thereto, in a conspicuous place, a label or labels containing all information required under this section, plainly written or printed in the English language, in Century type. All data pertaining to analysis shall appear on a single label. Language setting forth the requirements for filing and serving complaints as described in s. 578.26(1)(b) shall be included on the analysis label or be otherwise attached to the package, except for packages containing less than 1,000 seeds by count.
(1) FOR TREATED SEED.For all agricultural, vegetable, or flower seed treated as defined in this chapter:
(a) A word or statement indicating that the seed has been treated or description of process used.
(b) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance and the words “poison treated” in red letters, in not less than 1/4-inch type.
(c) A caution statement such as “Do not use for food, feed, or oil purposes.”
(d) Rate of application or statement “Treated at manufacturer’s recommended rate.”
(e) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).
(2) AGRICULTURAL SEED.
(a) Commonly accepted name of kind and variety of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label.
(b) Lot number or other lot identification.
(c) Net weight or seed count.
(d) Origin, if known; if unknown, that fact shall be stated.
(e) Percentage by weight of all weed seed.
(f) The name and number per pound of each kind of restricted noxious weed seed.
(g) Percentage by weight of other crop seed.
(h) Percentage by weight of inert matter.
(i) For each named agricultural seed:
1. Percentage of germination, exclusive of hard seed;
2. Percentage of hard seed when present, if desired; and
3. The calendar month and year the test was completed to determine such percentages.
(j) Name and address of the person who labeled said seed or who sells, distributes, offers, or exposes said seed for sale within this state.
(3) FOR VEGETABLE SEED IN CONTAINERS OF 8 OUNCES OR MORE.
(a) Name of kind and variety of seed.
(b) Net weight or seed count.
(c) Lot number or other lot identification.
(d) Percentage of germination.
(e) Calendar month and year the test was completed to determine such percentages.
(f) Name and address of the person who labeled said seed or who sells, distributes, offers or exposes said seed for sale within this state.
(g) For seed which germinate less than the standard last established by the department the words “below standard,” in not less than 8-point type, must be printed or written in ink on the face of the tag, in addition to the other information required. Provided, that no seed marked “below standard” shall be sold which falls more than 20 percent below the standard for such seed which has been established by the department, as authorized by this law.
(h) The name and number of restricted noxious weed seed per pound.
(4) FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.
(a) Name of kind and variety of seed.
(b) Name and address of person who labeled seed or who sells, distributes, offers, or exposes said seed for sale within this state.
(c) For seed which germinate less than standard last established by the department, the additional information must be shown:
1. Percentage of germination, exclusive of hard seed.
2. Percentage of hard seed when present, if desired.
3. Calendar month and year the test was completed to determine such percentages.
4. The words “below standard” in not less than 8-point type.
(d) No seed marked “below standard” shall be sold which fall more than 20 percent below the established standard for such seed.
(5) FOR FLOWER SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES, OR OTHER PLANTING DEVICES.
(a) For all kinds of flower seed:
1. The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules and regulations promulgated under the provisions of this chapter.
2. The calendar month and year the seed was tested or the year for which the seed was packaged.
3. The name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within this state.
(b) For seed of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established under the provisions of this chapter:
1. The percentage of germination exclusive of hard seed.
2. The words “below standard” in not less than 8-point type.
(c) For seed placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seed in the container.
(6) FOR FLOWER SEED IN CONTAINERS OTHER THAN PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR OTHER PLANTING DEVICES.
(a) The name of the kind and variety or a statement of type and performance characteristics as prescribed in rules and regulations promulgated under the provisions of this chapter.
(b) The lot number or other lot identification.
(c) The calendar month and year that the seed were tested or the year for which the seed were packaged.
(d) The name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within this state.
(e) For those kinds of seed for which standard testing procedures are prescribed:
1. The percentage germination exclusive of hard seed.
2. The percentage of hard seed, if present.
(f) For those seeds which germinate less than the standard last established by the department, the words “below standard” in not less than 8-point type must be printed or written in ink on the face of the tag.
(7) DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.The department shall have the authority to prescribe a uniform analysis tag required by this section.
History.s. 5, ch. 19364, 1939; CGL 1940 Supp. 4151(594); s. 3, ch. 20251, 1941; ss. 3, 13, ch. 21942, 1943; ss. 3, 12, ch. 22694, 1945; ss. 1, 2, 3, 4, ch. 26926, 1951; s. 3, ch. 57-199; s. 3, ch. 61-436; ss. 14, 35, ch. 69-106; s. 5, ch. 69-144; s. 1, ch. 88-75; s. 6, ch. 93-29.