Section 11.34.010. Labeling.

	(a)  Each lot or package of agricultural seed sold or offered for sale within the state must bear on it or have attached to it in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:  
		(1) the commonly accepted name of the kind and variety of the seed;  
		(2) the country or state where the seed was grown;  
		(3) the total percentage by weight of pure seed;  
		(4) the total percentage by weight of all weed seed;  
		(5) the total percentage by weight of inert matter;  
		(6) the total percentage by weight of other crop seed;  
		(7) the name and approximate number per pound of each kind of restricted noxious weed seed, as listed in 11 AAC 34.020;  
		(8) the percentage of germination of the agricultural seed, together with the month and year the seed was tested;  
		(9) the percentage of hard seed, if any is present;  
		(10) the name and address of the person labeling the seed or selling, offering, or exposing the seed for sale within the state; and  
		(11) the lot number or other lot identification.  
	(b)  Each lot of mixed agricultural seed sold or offered for sale within the state must bear on it or have attached to it in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:  
		(1) that the seed is a mixture;  
		(2) the name and variety and total percentage by weight of each kind of agricultural seed present in order of predominance;  
		(3) the total percentage by weight of other crop seed less than five percent of the mixture; and  
		(4) the information listed in (a)(4), (a)(5), (a)(7), (a)(8), (a)(10), and (a)(11) of this section.  
	(c)  Vegetable seed in a container of one-half pound or more sold or offered for sale within the state must bear on the container or have attached to the container in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:  
		(1) the name of the kind and the variety and total percentage by weight; and  
		(2) the information listed in (a)(4) - (a)(8), (a)(10), and (a)(11) of this section.  
	(d)  Vegetable seed in a container of less than one-half pound sold or offered for sale within the state and which meets the germination standards and tolerances in 7 U.S.C. 1551 - 1611 (Federal Seed Act) must bear on the container or have attached to the container in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:  
		(1) the name of the kind and variety of the seed;  
		(2) the name and address of the person or firm labeling the seed, or selling, offering, or exposing the seed for sale within the state;  
		(3) the year the seed was packed; and  
		(4) the lot number or other identification.  
	(e)  Vegetable seed in a container of less than one-half pound sold or offered for sale within the state and which does not meet the germination standards and tolerances in 7 U.S.C. 1551 - 1611 (Federal Seed Act) must be labeled, in English, to provide the information required by (d) of this section and the following:  
		(1) percentage of germination;  
		(2) percentage of hard seed, if applicable; and  
		(3) the phrase "substandard germination" in not less than eight-point type.  
	(f)  Any agricultural or vegetable seed treated with toxic substances must be labeled to provide the information required by (a) - (e) of this section and the following:  
		(1) a word or statement, in type no less than eight points, that the seed has been treated;  
		(2) the commonly accepted coined or chemical name of the applied substances; and  
		(3) a caution statement and appropriate poison symbol if the applied substance presents a hazard to human or animal health.  
	(g)  Seed packed in hermetically sealed containers must be labeled to provide the information required by (a) - (f) of this section and the following:  
		(1) that the container is hermetically sealed;  
		(2) that the seed has been preconditioned as to moisture content;  
		(3) that the germination test is valid for a period of not more than 24 months from the date of germination test for seed offered for sale on a wholesale basis, and for a period of not more than 36 months for seed offered for sale at retail; and  
		(4) that the germination of seeds at the time of packaging was equal to or above standards and tolerances prescribed in the 7 U.S.C. 1551 - 1611 (Federal Seed Act).  
	(h)  Agricultural seeds, mixed agricultural seeds, or bulk vegetable seeds, are exempt from the provisions of this section when  
		(1) the seeds are grown in or sold within the state to be recleaned before being sold, exposed, or offered for sale for seeding purposes;  
		(2) the seeds are held for purposes of recleaning; or  
		(3) the seeds are held or sold for milling for food or for feeding purposes only.  
	(i)  Tetrazolium viability test results are not considered valid germination tests for the purposes of labeling as required by this section.  
	(j)  Hybrid seed, as defined in 7 C.F.R. 201.2(y), must be labeled in accordance with provisions of 7 C.F.R. 201.11(a).  

Authorities

03.05.010;03.05.030;44.37.030

Notes

Reference

11 AAC 34.075

Authority

AS 03.05.010 AS 03.05.030 AS 44.37.030

History

In effect before 7/28/59; am 3/2/78, Register 65; am 10/28/83, Register 88