Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since March 1, 2014, please see the codification segue page.

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R68. Agriculture and Food, Plant Industry.

Rule R68-8. Utah Seed Law.

As in effect on March 1, 2014

Table of Contents

R68-8-1. Authority.

Promulgated under authority of Sections 4-2-2, 4-16-3 and 4-17-3.

R68-8-2. Noxious Weed Seeds and Weed Seed Restrictions.

It shall be unlawful for any person, firm, or corporation to sell, offer, or expose for sale or distribute in the State of Utah any agricultural, vegetable, flower, tree and shrub seeds, or seeds for sprouting for seeding purposes which:

A. Contain, either in part or in whole, any prohibited noxious weed seeds.

1. "Prohibited" noxious weed seeds are the seeds of any plant determined by Utah Commissioner of Agriculture and Food to be injurious to public health, crops, livestock, land, or other property and which is especially troublesome and difficult to control.

2. Utah prohibited noxious weed seeds are as follows:

                                                     TABLE

     Bermudagrass (Except in            Cynodon dactylon (L.)
       Washington County)                 Pers.
     Bindweed (Wild Morning-glory)      Convolvulus spp.
     Black henbane                     Hyoscyamus niger (L.)
     Broad-leaved Peppergrass (Tall     Lepidium latifolium L.
       Whitetop)
     Canada Thistle                     Cirsium arvense (L.)
                                          Scop.
     Dalmation Toadflax                Linaria dalmatica (L.)
                                         Miller
     Diffuse Knapweed                   Centaurea diffusa (Lam.)
     Hoary cress                       Cardadia  spp.
     Houndstongue                      Cynoglossum
                                         officinale (L.)
     Dyers Woad                         Isatis Tinctoria L.
     Oxeye daisy                       Chrysanthemum
                                         leucanthemum (L.)
     Perennial Sorghum spp.               including but not
                                           limited to Johnson
                                           Grass (Sorghum
                                           halepense (L.)
                                           Pers.) and Sorghum
                                           Almum (Sorghum
                                           almum, Parodi).
     Poison Hemlock                    Conium maculatum (L.)
     Leafy Spurge                       Euphorbia esula L.
     Medusahead                         Taeniatherum
                                          caput-medusae (L.)
                                          Nevski)
     Musk Thistle                       Carduus nutans L.
     Purple Loosestrife                 Lythrum salicaria L.
     Quackgrass                         Agropyron repens (L.)
                                          Beauv.
     Russian Knapweed                   Centaurea repens L.
     SaltCedar (Tamarix)               Tamarix ramosissima
                                         Ledeb.
     Scotch Thistle (Cotton Thistle)    Onopordum acanthium L.
     Spotted Knapweed                   Centaurea maculosa
                                          Lam.
     Squarrose Knapweed                 Centaurea virgata Lam. Ssp
                                          squarrosa Gugle.
     St. Johnswort, common             Hypericum
                                         perforatum (L.)
     Sulfur cinquefoil                 potentilla recta L.

     Yellow Starthistle                 Centaurea
                                          solstitialis L.
     Yellow toadflax                   Linaria vulgaris (Mill.)
                                                            

B. Contain any restricted weed seeds in excess of allowable amounts:

1. The following weed seeds shall be allowed in all crop seed, but shall be restricted not to exceed a maximum of 27 such seeds per pound, either as a single species or in combination:

                                                     TABLE

     Dodder                Cuscuta app.
     Halogeton             Halogeton glomeratus (M. Bieb.)
     Jointed goatgrass     Aegilops cylindrica (Host.)
     Poverty Weed          Iva axillaris Pursh.
     Wild Oats             Avena fatua L.
                                                            

2. The following maximum percentage of weed seeds by weight shall be allowed:

a. Two percent (2.0%) of Cheat (Bromus secalinus), Chess (Bromus brizaformis), (B. commutatus), (B. mollis), Japanese Brome (Bromus japonicus) and Downy Brome (Bromus tectorum) either as a single species or in combination in grass seeds.

b. One percent (1.0%) of any weed seeds not listed in 2.a. above in grass, flower, tree and shrub seeds.

c. One half of one percent (0.50%) in all other kinds or types of seeds.

R68-8-3. Special Labeling Provisions.

A. Prepackaged containers must be labeled in accordance with requirements applying to the specific kind(s) of seed in said prepackaged container as provided by Section 4-16-4.

B. Seed weighed from bulk containers, including jars, cans, bins, etc., in the presence of the customer and sold in quantities of five pounds or less will be exempt from the full labeling provisions; provided, that the container from which the seed is taken is fully and properly labeled in accordance with the provisions of the law and regulations thereunder. Labels on such seed containers must be attached thereto and must be kept in a conspicuous place. The name and address of the supplier or vendor must be plainly printed on all lots of seed sold from bulk containers along with the required labeling and name of substance used in treatment, if any. If the seed was treated, the appropriate treatment labeling must be on both the master container from which the seed is weighed and on each receiving container. The vendor must also mark on any receiving container, when requested by the purchaser, any additional labeling information required by the laws and regulations thereunder.

C. If responsibility is accepted therefore, it shall be permissible under the law for the local merchant or distributor of seed in this State to adopt and use the analysis furnished by the original seller to remain attached to the proper container of such seed for a period not to exceed nine calendar months for vegetable, flower, tree, and shrub seeds and eighteen calendar months for agricultural seeds or in the case of hermetically sealed seed, thirty-six calendar months, after which time said local dealer or distributor must retest or have retested any remaining seed in his possession, remove the original analysis label and attach a new analysis label or place an appropriately printed permanently adhering sticker on the original label bearing the lot number, percent of germination and date of test.

D. Any vegetable or flower seeds in packets or containers of one pound or less and preplanted containers offered, exposed for sale, or distributed in the State of Utah, must be labeled with the date of test or the current calendar year for which the seed is packed.

R68-8-4. Treated Seed - Use of Highly Toxic, Moderately Toxic, and Low Toxicity Substances and Labeling of Containers.

Any agricultural, vegetable, flower, or tree and shrub seed or mixture thereof that has been treated, shall be labeled in type no smaller than eight point to indicate that such seed has been treated and to show the name of any substance or a description of any process (other than application of a substance) used to treat such seed. The label shall contain the required information in any form that is clearly legible and complies with Section 4-16-5, Federal Laws which apply, and the following paragraphs of this regulation which are subsequently applicable. The information may be on the seed analysis tag, on a separate tag, or printed on each container in a conspicuous manner.

A. Names of Substances.

1. The required name of the substance used in treatment shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name. Commonly accepted coined names are not private trademarks and are available for use by the public and are commonly recognized as names of particular substances.

2. Examples of commonly accepted chemical (generic) names are: blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene and ethyl mercury acetate. The terms "mercury" or "mercurial" may be used to represent all types of mercurial compounds. Examples of commonly accepted abbreviated chemical names are BHC (1,2,3,4,5,6, Hexachloroclohexane) and DDT (Dichloro diphenyl trichloroethane).

B. Treatment Coloring.

Any substance which is toxic in nature used in the treatment of seed shall be distinctly colored so as to be readily discernible.

C. Labeling.

Containers of treated seed shall, in addition to the name of the treatment substance used be labeled in accordance with Subsection R68-8-4(C), and shall bear appropriate signal words and warning statements required according to the relative toxicity of the chemical(s) applied. In addition, all seed treated with a chemical seed treatment shall bear the statement, "Keep out of Reach of Children."

1. Labeling Seed Treated with Highly Toxic Substances.

a. Seed treated with a chemical substance, designated by the Environmental Protection Agency or the Commissioner as a highly toxic substance, shall be labeled to conspicuously show the words, "TREATED SEED," together with the name of the substance. Example: "THIS SEED TREATED WITH (name of substance)," or "(name of substance) TREATED". The labeling shall also bear in red coloring the signal words, "DANGER-POISON," and a representation of a skull and crossbones at least twice the size of the type used for the name of the substance. The label shall also include in red letters additional precautionary statements stating hazards to humans and other vertebrate animals, special steps or procedures which should be taken to avoid poisoning, and wording to inform physicians of proper treatment for poisoning.

b. All bags, sacks, or other containers of seed which have been or are being used to contain seeds treated with "highly toxic" substances, shall be identified with the words "DANGER POISON," and a representation of a skull and crossbones. The printing shall be directly printed or impregnated on or into the containers, or applied by other means approved by the department, as to be permanent. Any such container in which seed treated with highly toxic substances has been contained, except for future similar use for seed, shall not again be used to contain any food, feed, or agricultural products, without the prior written approval of the department.

2. Labeling Seed Treated with Moderately Toxic Substances.

Seed treated with a chemical substance designated as moderately toxic, shall be labeled with the words, "TREATED SEED," together with the name of the substance. Examples: "THIS SEED TREATED WITH (name of substance)" or "(name of substance) TREATED." The label shall also bear the signal word, "WARNING". Additional precautionary statements describing hazards to humans and other vertebrate animals, and special handling procedures to avoid poisoning shall also appear in the labeling.

3. Labeling Seed Treated with Low Toxicity Substances.

Seed treated with a chemical designated as low toxicity, or comparatively free from danger shall be labeled with the words, "TREATED SEED" together with the name of the substance. Example: "THIS SEED IS TREATED (name of substance)", or "(name of substance) TREATED." The label shall also bear the signal word, "CAUTION". Additional precautionary statements describing hazards to humans and other vertebrate animals, and special handling procedures to avoid poisoning shall also appear in the labeling.

4. Effective Warning.

Any words or terms used on the label which tend to reduce the effectiveness of the warning statements required by section 4-16-5 and this regulation are construed to be misleading.

5. Bulk Seed.

In the case of seed in bulk, the information required on the labels of packaged seed shall appear on the invoice or other records accompanying and pertaining to such seed.

D. Treatment by Custom Applicators.

The provisions of this regulation shall apply to seed which has been treated by custom applicators, or in a custom manner, even though the transfer of ownership is not intended on said seed.

E. Changes in Federal Law.

The kinds of chemicals declared highly toxic, moderately toxic, or low toxicity and their approved uses on seed must of necessity be in conformity with applicable federal laws and regulations. If at any time the federal government prohibits the use of such substances on seed or makes other changes affecting seed then the provisions of this regulation are considered to be modified to the extent necessary to conform to such federal laws and regulations.

R68-8-5. Inoculated Seed.

The term "inoculant" means a commercial preparation containing nitrogen-fixing bacteria applied to seed. Seed claimed to be inoculated shall be labeled to show the month and year beyond which the inoculant on the seed is no longer claimed to be effective.

R68-8-6. Weight or Seed Count Requirements.

Net weight on all containers is required except that preplanted containers, mats, tapes, or other planting devices shall state the minimum number of seeds in the container. All weight labeling shall be consistent with the requirements of the Weights and Measures Law and rules. Under appropriate circumstances when a seed tag is used, the weight information may appear on the seed tag rather than on the seed bag. The term "weight" shall be understood and construed to mean the net weight of the commodity.

R68-8-7. Labeling of Agricultural Seed Varieties.

A. The following kinds of agricultural seeds shall be labeled to show the variety name or the words, "Variety Not Stated."

Alfalfa

Bahiagrass

Beans, field

Beets, field

Brome, smooth

Broomcorn

Clover, crimson

Clover, red

Clover, white

Corn, field

Corn, pop

Cotton

Cowpea

Crambe

Fescue, tall

Flax

Lespedeza, striate

Millet, foxtail

Millet, pearl

Oat

Pea, field

Peanut

Rice

Rye

Safflower

Sorghum

Sorghum-Sudangrass

Sudangrass hybrid

Soybean

Sudangrass

Sunflower

Tobacco

Trefoil, birdsfoot

B. The following kinds of agriculture seeds shall be labeled to show the variety name:

Barley

Triticale

Wheat, Common

Wheat, durum

C. When two or more varieties are present in excess of five percent and are named on the label, the name of each variety shall be accompanied by the percentage of each.

R68-8-8. Labeling of Lawn Seed Mixtures.

A. Format. When labeling lawn and turf seed mixtures as provided by Section 4-16-4, the following format shall be used:

                                                     TABLE

     Grass Seed Mixture
     Lot 77-7

     PURE SEED                               GERMINATION

     42.20% Kentucky Bluegrass               80%
     28.37% Annual Ryegrass                  85%
     11.90% Creeping Red Fescue              85%
      5.43% White Dutch Clover               75%
     HARD SEED                               10%
       .50% Weed Seed Tested:  July 1979
      1.60% Other crop seed
     10.00% Inert matter

     Noxious weed seed-none
     John Doe Seed Company, Inc.
     1977 Bell Street, Salt Lake City, Utah 84000
     Net Weight:  5 pounds
                                                            

B. Agricultural seed other than seed required to be named on the label shall be designated as "other crop seed" or "crop seed." If a mixture contains no crop seed, the statement "contains no other crop seed," may be used.

C. The headings "pure seed" and "germination" or "germ," shall be used in the proper place.

D. The word "mixed" or "mixture" shall be stated with the name of the mixture.

R68-8-9. Vegetable Seeds and Minimum Germination Standards.

A. Vegetable seeds are the seeds of the following, and the minimum germination standards are as indicated:

                                                     TABLE

     KIND                                         MINIMUM
                                                  PERCENT
                                                GERMINATION
                                                  STANDARD

     Artichoke--Cynara scolymus                   60
     Asparagus--Asparagus officinalis             70*
     Bean, garden--Phaseolus vulgaris             70*
     Bean, asparagus--Vigna sequipedalis          75*
     Bean, lima--Phaseolus lunatus var.           70*
       macrocarpus
     Bean, runner--Phaseolus coccineus            75
     Beet--Beta vulgaris                          65
     Broadbean--Vicia fava                        75
     Broccoli--Brassica oleracea var. botrytis    75
     Brussels sprouts--Brassica oleracea var.     70
       gemmifera
     Burdock, great--Arctium lappa                60
     Cabbage--Brassica oleracca var. capitata     75
     Cabbage, Chinese--Brassica Pekinensis        75
     Cabbage, tronchuda--Brassica oleracea        75
       var. tronchuda
     Cantalope (see Muskmelon)
     Cardoon--Cynara cardunculus                  60
     Carrot--Daucus carota                        55
     Cauliflower--Brassica oleracea var.          75
       botrytis
     Celery and celeriac--Apium graveolens var.   55
       dulce and repaceum
     Chard, Swiss--Beta vulgaris var. cicla       65
     Chicory--Cichorium intybus                   65
     Chives--Allium schoenoprasum                 50
     Citron--Citrullus lanatus var. citroides     65
     Collards--Brassica oleracea var. acephala    80
     Corn, Sweet--Zea mays                        75
     Cornsalad (Fetticus--Valerianella locusta)   70
     Cowpea--Vigna sinensis                       75
     Cress, garden--lepidium sativum              75
     Cress, Upland--Barbarea verna                60
     Cress, Water--Rorippa nasturtium-acquaticum  40
     Cucumber--Cucumis sativus                    80
     Dandelion--Taraxacum officinals              60
     Eggplant--Solanum melongena                  60
     Endive--Cichorium endivia                    70
     Herbs--(all kinds and varieties not listed)  50
     Kale--Brassica spp.                          75
     Kohlrabi--Brassica oleracea var. gongylodes  75
     Leek--Allium porrum                          60
     Lettuce--Lactuca sative                      80
     Muskmelon (Cantalope)--Cucumis melo          75
     Mustard, India--Brassica juncea              75
     Mustard, spinach--Brassica perviridis        75
     Okra--Hibiscus esculentus                    50
     Onion--Allium cepa                           70
     Onion, Welsh--Allium fistulosum              70
     Pak-choi--Brassica chinensis                 75
     Parsley--Petroselinum crispum                60
     Parsnip--Pastinaca sativa                    60
     Pea, garden--Pisum sativum                   80*
     Pepper--Capsicum spp.                        55
     Pumpkin--Cacurbita pepo                      75
     Radish--Raphanus sativus                     75
     Rhubard--Rheum rhaponticum                   60
     Rutabaga--Brassica napus var. napobrassica   75
     Salsify--Tragapogon porrifolius              75
     Sorrel--Rumex spp                            65
     Soybean--Glycine max. L.                     75
     Spinach--Spinacia oleracea                   60
     Spinach, New Zealand--Tetragonia expansa     40
     Squash--Cucurbita pepo                       75
     Tomato--Lycopersicon esculentum              75
     Tomato, husk--Physalis spp                   50
     Turnip--Brassica rapa                        80
     Watermelon--Citrullus vulgaris               70

     *Including hard seeds
                                                            

R68-8-10. Flower Seeds and Minimum Germination Standards.

The kinds of flower seeds listed below are those for which standard testing procedures have been prescribed and which are therefore required to be labeled in accordance with the germination labeling provisions of Section 4-16-4. The percentage listed opposite each kind is the germination standard for that kind. For the kinds marked with an asterisk, this percentage is the total percentage of germination and percentage of hard seed.

                                                     TABLE

     KIND                                      MINIMUM
                                             GERMINATION
                                              STANDARDS

     Archillea (The Pearl)--Achillea ptarmica     50
     African daisy--Dimorphotheca aurantiaca      55
     African Violet--Saintpaulia SPP              30
     Ageratum--Ageratum mexicanum                 60
     Agrostemma (rose campion)--Agrostemma        65
       coronaria
     Alyssum-Alyssum compactum, A.                60
       maritimum, A. procumbens, A. saxatile
     Amaranthus--Amaranthus spp.                  65
     Anagalis (pimpernel)--Anagalis               60
       arvensis, Anagalis coerulea, Anagalis
       grandiflora
     Anemone--Anemone coronaria, A. pulsatilla    55
     Angel's trumpet--Datura arborea              60
     Arabis--Arabis alpina                        60
     Arctotis (African lilac daisy)--
     Arctotis grandis                             45
     Armeria--Armeria formosa                     55
     Asparagus, fern--Asparagus plumosus          50
     Asparagus, sprenger--Asparagus sprengeri     55
     Aster, China--Callistephus chinensis,        55
       except Pompom, Powderpuff and
       Princess types
     Aster, China--Callistephus chinensis,        50
       Pompom, Powderpuff and Princess types.
     Aubrietia--Aubrietia deltoides               45
     Baby Smilax--Asparagus asparagoides          25
     Balsam--Impatiens balsamina                  70
     Begonia--(Begonia fibrous rooted)            60
     Begonia--(Begonia tuberous rooted)           50
     Bells of Ireland--Molucella laevis           60
     Brachycome (swan river daisy)--
     Brachycome iberidifolia                      60
     Browallia--Browallia elata and B             65
       speciosa
     Buphthalmum (willowleaf oxeye)--
     Buphthalmum salicifolium                     60
     Calceolaria--Calceolaria spp                 60
     Calendula--Calendula officinalis             65
     California Poppy--Eschscholtzia              60
       california
     Calliopsis--Coreopsis bicolor, C.            65
       drummondi, C. elegans
     Campanula:                                   60
     Cantebury bells--Campanula medium            60
     Cup and Saucer bellflower--Campanula         60
       calycanthema
     Carpathian bellflower--Campanula             50
       carpatica
     Peach bellflower--Campanula persicifolia     50
     Candytuft, annual--Iberis amara, I.          65
       umbellata
     Candytuft, perennial--Iberis                 55
       gibraltarica I. sempervirens
     Caster bean--Richinus communis               60
     Cathedral bells--Cobaea scandens             65
     Celosis--Celosia argentea                    65
     Centaurea:  Basketflower--Centaurea          60
       americana, Cornflower-C. cyanus,
       Dusty Miller--C. candidissima, Royal
       centaurea C. imperialis, Sweet
       Sultan--C. moschata, Velvet centaurea
       C. gymnocarpa
     Cerastium (snow in summer)--Cerastium        65
       biebersteini and C. tomentosum
     Chinese forget-me-not--Cynoglossum           55
       amabile
     Chrysanthemum, annual--Chrysanthemum         40
       carinatum, C. coronarium, C. segetum
     Cineraria--Senecio cruentus                  60
     Clarkia--Clarkia elegans                     65
     Cleome--Cleome gigantea                      65
     Coleus--Coleus blumei                        65
     Columbine--Aquilegia spp                     50
     Coral Bells--Heuchera sanquinea              55
     Coreopsis, perennial--Coreopsis              40
       lanceolata
     Corn, Ornamental--Zea Mays                   75
     Cosmos:  Sensation, Mammoth and              65
       Crested type--Cosmos bipinnatus;
       Klondyke type-C. sulphureus
     Crossandra--Crossandra infundibuliformis     50
     Dahlia--Dahlia spp                           55
     Daylily--Hemerocallis spp.                   45
     Delphinium, perennial; Belladonna            55
       and Bellamosum types:  Cardinal
       larkspur--Delphinium cardinale;
       Chinesis types; Pacific Giant, Gold
       Medal and other hybrids of D. elatum
     Dianthus:
     Carnation--Dianthus caryophyllus             60
     China pinks--Dianthus chinensis,             70
       Heddewigi, Heddensis
     Grass pinks--Dianthus plumarius              60
     Maiden pinks--Dianthus deltoides             60
     Sweet William--Dianthus barbatus             70
     Sweet Wivelsfield--Dianthus allwoodi         60
     Didiscus (blue lace flower)--Didiscus        65
       coerulea
     Doronicum (leopard's bane)--Doronicum        60
       caucasicum
     Dracena--Cracena indivisa                    55
     Dragon Tree--Dracaena Draco                  40
     English daisy--Bellis perennis               55
     Flax, Golden--Linum flavum, Flowering        60
       flax L. grandiflorum, perennial flax
       L. perenne
     Flowering Maple--Abutilon spp.               35
     Foxglove--Digitalis spp                      60
     Gaillardia, annual--Gallardia                45
       pulchella, G. picta; perennial G.
       grandiflora
     Gerbera (transvaal daisy)--Gerbera           60
       jamesoni
     Geum--Geum spp                               65
     Gilia--Gilia spp                             65
     Gloriosa daisy (rudbeckia) Echinacea         60
       purpurea and Rudbeckia hirta
     Gloxinia--Sinningia speciosa                 40
     Godetia--Godetia amonea, G. grandiflora      65
     Gourds:  Yellow flowered--Cucurbita          70
       pepo; White flowered Lagenaria
       sisceraria; Dishcloth-Luffa cylindrica
     Gypsophila, annual Baby's breath--           70
       Gypsophila elegans; perennial Baby's
       breath-G. paniculata, G. pacifica,
       G. repens
     Helenium--Helenium autummale                 40
     Helichrysum--Helichrysum monstrosum          60
     Heliopsis--Heliopsis scabra                  55
     Heliotrope--Heliotropium spp                 35
     Helipeterum (Acroclinum)--Helipeterum        60
       roseum
     Hesperis (sweet rocket)--Hesperis            65
       matronalis
     Hollyhock--Althea rosea                      65*
     Hunnemannia (Mexican tulip poppy)--          60
       Hunnemannia fumariaefolia
     Hyacinth bean--Dolichos loblab               70*
     Impatiens--Impatiens holstii, I. sultani     55
     Ipomea:  Cypress vine--Ipomea                75*
       quamoclit; Moonflower-I. noctiflora;
       Morning glories, Cardinal climber,
       Hearts and Honey vine--Ipomea spp
     Jerusalem cross (Maltese cross)--            70
       Lychnis chalcedonica
     Job's tears--Ciox lacryma-jobi               70
     Kochia (Mexican fire bush)--Kochia           55
       childsii
     Larkspur, annual--Delphinium ajacia          60
     Lantana--Lantana camara, L. hybrida          35
     Lilium (regal lily)--Lilium regale           50
     Linaria--Linaria spp                         65
     Lobelia--Lobelia erinus                      65
     Lunaria, honesty--Lunaria annua              65
     Lupine--Lupinus spp                          65*
     Marigold--Tagetes spp                        65
     Marvel of Peru (Four-O'clock)--              60
       Mirabilis jalapa
     Matricaria (feverfew)--Matricaria spp        60
     Migonette--Reseda odorata                    55
     Myosotis--Myosotis alpestris,                50
       M. oblongata, M. pulastris
     Nasturtium--Tropeaolum spp                   60
     Nemesia--Nemesia spp                         65
     Nemophila--Nemophila insignis                70
     Nemophila, spotted--Nemophila maculata       60
     Nicotiana--Nicotiana affinis, N.             65
       sanderae, N. sylvestris
     Nierembergia--Nierembergia spp               55
     Nigella--Nigella damascena                   55
     Pansy--Viola tricolor                        60
     Penstemon--Penstemon barbatus, P.            60
       grandiflorus, P. laevigatus, P.
       pupescens
     Petunia--Petunia spp                         45
     Phacelia--Phacelia campanularia, P.          65
       minor, P. tanacetifolia
     Phlox, annual--Phlox drummondii all          55
       types and varieties
     Physalis--Physalis spp                       60
     Plantycodon (balloon flower)--               60
       Platycodon grandiflorum
     Plumbago, cape--Plumbago capensis            50
     Ponytail--Beaucarnea Recurvata               40
     Poppy:  Shirley poppy--Papaver rhoeas,       60
       Iceland poppy P. nudicaule, Oriental
       poppy-P. orientale, Tulip poppy P.
       glaucum
     Portulaca--Portulaca grandiflora             65
     Primula (primrose)--Primula spp              50
     Pyrethrum (painted daisy)--Pyrethrum         60
       coccineum
     Salpiglossis--Salpigloss's                   60
       gloxinaeflora, S. sinuata
     Salvia--Scarlet Sage--Salvia spendens,       50
       Mealycup Sage (blue bedder)--Salvia
       farinacea
     Saponaria--Saponaria ocymoides, S.           60
       vaccaria
     Scabiosa, annual--Scabiosa atropurpurea      50
     Scabiosa, perennial--Scabiosa caucasica      40
     Scizanthus--Schizanthus spp                  60
     Sensitive plant (mimosa)--Mimosa pudica      65*
     Shasta Daisy-Chrysanthemum maximum,          65
       C. leucanthemum
     Silk Oak--Grevillea Robusta                  25
     Snapdragon--Antirrhinum spp                  55
     Solanum--Solanum spp                         60
     Statice--Statice sinuata S. suworowii        50
       (flower heads)
     Stocks:  Common--Matthiola incana,           65
       Evening Scented-Matthiola bicornis
     Sunflower--Helianthus spp                    65
     Sunrose--Helianthemum spp                    30
     Sweet pea, annual and perennial other        75*
       than dwarf bush-Lathyrus odoratus, L.
       latifolius
     Sweet pea, dwarf bush--Lathyrus odoratus     65*
     Tahoka daisy--Machacanthera tanacetifolia    60
     Thunbergia--Thunbergia alata                 60
     Torch flower--Tithonia speciosa              70
     Torenia (wishbone flower)--Torenia           70
       fournieri
     Tritoma--Kniphofia spp                       65
     Verbena, annual--Verbena hybrida             35
     Vinca (periwinkle)--Vinca rosea              60
     Viola--Viola carnuta                         55
     Virginian stocks--Malcolmia maritima         65
     Wallflower--Cheiranthus allioni, C.          65
       cheiri
     Yucca (Adamsneedle)--Yucca filamentosa       50
     Zinnia (except linearis and creeping)--
     Zinnia augustifolia, Z. elegans, Z.          65
       grandifloria, Z. gracillima, Z.
       haageana, Z. multiflora, Z. pumila
     Zinnia, linearis and creeping--              50
       Zinnia linearis, Sanvitalia procumbens
     All other kinds                              50

     * Including hard seeds
                                                            

R68-8-11. Labeling of Flower Seeds.

Flower seeds shall be labeled with the name of the kind and variety or a statement of type and performance characteristics as prescribed by Section 4-16-4.

A. Seeds of Plants Grown Primarily for Their Blooms.

1. Single Name. Seeds of a single name variety shall be labeled to show the kind and variety name. For example: "Marigold, Butterball."

2. Single Type and Color. Seeds of a single type and color for which there is no special variety name shall be labeled to show either the type of plant or the type of color of bloom. For example: "Scabiosa, Tall, Large Flowered, Double, Pink."

3. Assortment of Colors. Seeds consisting of an assortment of mixture of colors or varieties of a single kind shall be labeled to show the kind name, the type of plant, and the types of bloom. In addition, it shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is-"Marigold, Dwarf, Double French, Mixed colors."

4. Assortment of Kinds. Seeds consisting of an assortment of mixture of kinds shall be labeled to clearly indicate that the seed is assorted or mixed and the specific use of the assortment of mixture shall be indicated. For example: "Cut Flower Mixture," or "Rock Garden Mixture." Such statements as "Wild Flower Mixture," "General Purpose Mixture," "Wonder Mixture," or any other statement which fails to indicate the specific use of the seed shall not meet the requirements of this provision unless the specific use of the mixture is also stated.

B. Seeds of Plants Grown for Ornamental Purposes Other Than Their Blooms. Seeds of plants grown for ornamental purposes other than their blooms shall be labeled to show the kind and variety, or the kind together with a descriptive statement concerning the ornamental part of the plant. For example: "Ornamental Gourds, Small Fruited, Mixed."

R68-8-12. Application of Germination Standards to Mixtures of Kinds of Flower Seeds.

A mixture of kinds of flower seeds will be considered to be below standard if the germination of any kind or combination of kinds constituting 25 % or more of the mixture by number is below standard for the kind or kinds.

R68-8-13. Tree and Shrub Seed Labeling.

The information in the following example shall be used for all tree and shrub seeds for which standard testing procedures are prescribed.

                                                     TABLE

     Common Name:                                Lot#:
     Genus:                                      Species:
     Origin:   State:              County:       Elevation:
     Date Collected or Tested:     Month:        Year:
     Pure Seed:     %     Weed Seed:     %       Inert Matter:
     Other crop seed:     % Germination:   %     Hard Seed:
     Net Weight:
     Name:
     Address:
                                                            

If the kind of seed to be labeled is not one for which standard testing procedures are prescribed, the information on germination and hard seeds may be omitted from the example shown above.

R68-8-14. Hermetically Sealed Seed Containers.

The 36-month provision on the date of test in Section 4-16-5 will apply to hermetically sealed agricultural and vegetable seed when the following conditions have been met:

A. The seed was packaged within nine months after harvest.

B. The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees F. with a relative humidity on one side of 90 percent and on the other side 0 percent. Water vapor penetration (WVP) is measured by the standards adopted by the U. S. Bureau of Standards as: WVP=gm H2O/24 hr./100 sq. in./100 degrees F./90% RHV. 0%RH

C. The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed below:

                                                     TABLE

     1.  AGRICULTURAL SEEDS         PERCENT

     Beet, field                    7.5
     Beet, sugar                    7.5
     Bluegrass, Kentucky            6.0
     Clover, Crimson                8.0
     Fescue, Red                    8.0
     Ryegrass perennial             8.0
     All other agricultural seed    6.0
     Mixtures of above              8.0

     2.  VEGETABLE SEEDS            PERCENT

     Bean, garden                   7.0
     Bean, lima                     7.0
     Beet                           7.5
     Broccoli                       5.0
     Brussel sprouts                5.0
     Cabbage                        5.0
     Carrots                        7.0
     Cauliflower                    5.0
     Celeriac                       7.0
     Celery                         7.0
     Chard, Swiss                   7.5
     Chinese cabbage                5.0
     Chives                         6.5
     Collards                       5.0
     Corn, sweet                    8.0
     Cucumber                       6.0
     Eggplant                       6.0
     Kale                           5.0
     Kohlrabi                       5.0
     Leek                           6.5
     Lettuce                        5.5
     Muskmelon                      6.0
     Mustard, India                 5.0
     Onion                          6.5
     Onion, Welsh                   6.5
     Parsley                        6.0
     Parsnip                        6.0
     Pea                            7.0
     Pepper                         4.5
     Pumpkin                        6.0
     Radish                         5.0
     Rutabaga                       5.0
     Spinach                        8.0
     Squash                         6.0
     Tomato                         5.5
     Turnip                         5.0
     Watermelon                     6.5
     All other vegetable seed       6.0
                                                            

D. The container is conspicuously labeled in not less than eight point type to indicate:

1. That the container is hermetically sealed.

2. That the seed has been preconditioned as to moisture content, and

3. The calendar month and year in which the germination test was completed.

E. The percentage of germination of the vegetable seed at the time of packaging was equal to or above the standards specified in Section R68-8-9.

R68-8-15. Rules for Seed Testing.

Rules for testing seeds shall be the same as those found in the current "Rules For Testing Seeds" recommended by the Association of Official Seed Analysts. For seeds not listed in the "Rules for Testing Seed," procedures for testing shall be determined by the State Seed Analyst based upon the most authoritative seed testing information available. For seed not listed in the "Rules for Testing Seeds," procedures for testing shall be determined by the State Seed Analyst based upon the most authoritative seed testing information available. Utah Department of Agriculture and Food has a copy of the "Rules for Testing Seeds", on file in the Seed Laboratory.

R68-8-16. Labeling of Chemical Tests for Viability (Tetrazolium).

The results of tetrazolium tests performed in accordance with the current "Rules For Testing Seeds" of the Association of Official Seed Analysts shall be recognized for labeling purposes.

R68-8-17. Labeling of Seed Distributed to Wholesalers.

A wholesaler, whose predominant business is to supply seed to other distributors rather than to consumers, shall label seed as follows:

A. Containers. If the seed is in containers, the information required in Section 4-16-4 need not be shown on each container provided, that:

1. The lot designation is shown on an attached label or by stenciling or printing on container.

2. The required information for labeling accompanies such shipment.

B. Bulk. In the case of seed in bulk, the information required in Section 4-16-4 shall appear in the invoice or other records accompanying and pertaining to such seed.

R68-8-18. Inspector's Duties.

It shall be the duty of the District Agricultural Inspectors, either in person or by deputy, to quarantine any lots of seed which contain weed seeds in violation of current regulations of the Department of Agriculture and Food. Such seed may be recleaned under the supervision of any official representative of the Utah State Department of Agriculture and Food, and if found to meet the requirements of the current regulations of the Department of Agriculture and Food with respect to weed seed content, the same may be released for distribution, otherwise, such seed will be destroyed. It shall be the duty of the District Agricultural Inspectors, either in person or by deputy, to quarantine any lots of seed which do not comply with the labeling provisions of Section 4-16-4, and Section R68-8. Such seeds shall remain quarantined and shall not be offered for sale until they are properly labeled to meet the above requirements.

R68-8-19. Sampling.

A. General Procedure

1. In order to secure a representative sample, equal portions shall be taken from evenly distributed parts of the quantity of seed or screenings to be sampled. Access shall be had to all parts of that quantity.

2. For free-flowing seed in bags or bulk, a probe or trier shall be used. For small free-flowing seed in bags, a probe or trier long enough to sample all portions of the bag shall be used.

3. Non-free-flowing seed, such as certain grass seed, uncleaned seed, or screenings which are difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions.

4. The portions shall be combined into a composite sample or samples.

5. As the seed or screening is sampled, each portion shall be examined and whenever there appears to be lack of uniformity, additional samples shall be taken to show such lack of uniformity as may exist.

B. Bulk. Bulk seeds or screenings shall be sampled by inserting a probe or thrusting the hand into the bulk, as circumstances require, to obtain a composite sample of at least as many cores or handfuls of seed or screenings as if the same quantity were in bags of an ordinary size. The cores or handfuls of seed which comprise the composite sample shall be taken from well distributed points throughout the bulk.

C. Bags.

1. In quantities of six bags or less, each bag shall be sampled.

2. In quantities of more than six bags, five bags plus at least 10% of the number of bags in the lot shall be sampled, rounding numbers with decimals to the nearest whole number. Regardless of the lot size, it is not necessary to sample more than thirty bags. Example:

                                                     TABLE

     No. Bags in Lot      7  10  23  50  100  200  300  400
     No. Bags to Sample   6   6   7  10   15   25   30   30
                                                            

3. Samples shall be drawn from unopened bags except under circumstances where the identity of the seed has been preserved.

D. Small Containers. Seed in small containers shall be sampled by taking the entire unopened containers in sufficient number to supply a minimum size sample as required in Subsection R68-8-19(E). The contents of a single container or the combined contents of multiple containers of the same lot shall be considered representative of the entire lot of seed sampled.

E. Size of Samples. The following are minimum weights of samples of seed to be submitted for analysis, test, or examination:

1. Grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these - two ounces (approximately 55 grams).

2. Alfalfa, bromegrasses, crimson or red clover, flax, lespedezas, millet, rape, ryegrass or seeds of similar size - five ounces (approximately 150 grams).

3. Proso, sudangrass, or seeds of similar size - one pound. (Approximately 500 grams).

4. Cereals, sorghums, vetches or seeds of similar or larger size - two pounds (approximately 1000 grams).

5. Vegetable and flower seed - at least 400 seeds per sample.

6. Tree and shrub seed - at least 600 seeds per sample for germination purposes. If a purity or noxious-weed seed examination is required, the amount of sample shall be at least the size of that required for seeds of similar size in Subsections R68-8-19(E)(1), (2), (3), and (4).

7. Screenings - two quarts.

R68-8-20. Records.

The term "Complete Records," as it pertains to Section 4-16-11, shall be construed to mean information which relates to origin, germination, purity, variety, and treatment of each lot of seed transported or delivered for transportation within this State. Such information shall include seed samples and records of declaration, labels, purchases, sales, cleaning, bulking, handling, storage, analysis, tests, and examinations. The complete record kept by each person for each lot of seed consists of the information pertaining to his own transactions and the information received from others pertaining to their transactions with respect to each lot of seed.

R68-8-21. Advertising.

The name of a kind or kind and variety of seed and any descriptive terms pertaining thereto shall be correctly represented in any advertisement of seed.

A. Name of Kind or Kind and Variety. The representation of the name of a kind or kind and variety of seed in any advertisement subject to the act shall be confirmed to the name of the kind or kind and variety determined in accordance with Section 4-16-2 associated with words or terms that create a misleading impression as to the history or characteristics of the kind or kind and variety. Descriptive terms and firm names may be used in kind and variety names; provided, that the descriptive terms or firm names are a part of the kind or variety of seed; for example, Stringless Green Pod, Detroit Dark Red, Black Seed Simpson, and Henderson Bush Lima. Seed shall not be designated as hybrid seed in any advertisement subject to the act unless it comes within the definition of "Hybrid" in Section 4-16-2.

B. Characteristics of Kind or Variety. Terms descriptive as to color, shape, size, habit of growth, disease resistance, or other characteristics of the kind or variety, may be associated with the name of the kind or variety; provided, that it is done in a manner which clearly indicates the descriptive term is not part of the name of the kind or variety; for example, Oshkosh pepper (yellow) Copenhagen Market (round head) cabbage, and Kentucky Wonder pole bean.

C. Description of Quality and Origin. Terms descriptive of quality or origin and terms descriptive of the basis for representations made may be associated with the name of the kind or variety of seed; provided, that the terms are clearly identified as being other than part of the name of the kind or variety; for example: Blue Tag Gem Barley, Idaho Origin Alfalfa, and Grower's Affidavit of Variety Atlas Sorghum.

D. Description of Manner of Production or Processing. Terms descriptive of the manner or method of production or processing the seed may be associated with the name of the kind or variety of seed, providing such terms are not misleading.

E. Separation of Brand Names from Kind and Variety Names. Brand names and terms taken from trademarks may be associated with the name of the kind and variety or mixtures of kinds or blends of varieties of seed as an indication of source; provided, that the terms are clearly indicated as being other than part of the name of the kind and variety, mixture or blend. For example: Valley Brand Blend 15 Alfalfa, or River Brand Golden Cross Corn.

R68-8-22. Seed Screenings.

It shall be unlawful for any person, company, or corporation to sell, offer for sale, barter, give away, or otherwise dispose of any screenings containing more than 6 whole prohibited noxious weed seeds per pound and/or more than 27 whole restricted weed seeds per pound; except that screenings containing such seeds may be moved or sold to a mill or plant for processing in such a manner which will reduce the number of whole weed seeds to within the above stated tolerances. Each container or shipment of screenings shall be labeled with the words "Screenings for Processing - Not For Seeding or Feeding" and with the name and address of the consignor and consignee.

R68-8-23. Fees For Testing Services.

Charges for testing samples, representing seed sold or offered for sale in Utah, or other services performed by the state seed laboratory, shall be determined by the department pursuant to Subsection 4-2-2(2). A current listing of approved fees may be obtained upon request from Utah State Department of Agriculture and Food.

KEY

inspections

Date of Enactment or Last Substantive Amendment

July 2, 2008

Notice of Continuation

January 5, 2011

Authorizing, Implemented, or Interpreted Law

4-2-2; 4-16-3; 4-17-3


Additional Information

Contact

For questions regarding the content or application of rules under Title R68, please contact the promulgating agency (Agriculture and Food, Plant Industry). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.