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 August 1, 2014, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R68. Agriculture and Food, Plant Industry.
Rule R68-8. Utah Seed Law.
As in effect on August 1, 2014
Table of Contents
- R68-8-1. Authority.
- R68-8-2. Noxious Weed Seeds and Weed Seed Restrictions.
- R68-8-3. Special Labeling Provisions.
- R68-8-4. Treated Seed - Use of Highly Toxic, Moderately Toxic, and Low Toxicity Substances and Labeling of Containers.
- R68-8-5. Inoculated Seed.
- R68-8-6. Weight or Seed Count Requirements.
- R68-8-7. Labeling of Agricultural Seed Varieties.
- R68-8-8. Labeling of Lawn Seed Mixtures.
- R68-8-9. Vegetable Seeds and Minimum Germination Standards.
- R68-8-10. Flower Seeds and Minimum Germination Standards.
- R68-8-11. Labeling of Flower Seeds.
- R68-8-12. Application of Germination Standards to Mixtures of Kinds of Flower Seeds.
- R68-8-13. Tree and Shrub Seed Labeling.
- R68-8-14. Hermetically Sealed Seed Containers.
- R68-8-15. Rules for Seed Testing.
- R68-8-16. Labeling of Chemical Tests for Viability (Tetrazolium).
- R68-8-17. Labeling of Seed Distributed to Wholesalers.
- R68-8-18. Inspector's Duties.
- R68-8-19. Sampling.
- R68-8-20. Records.
- R68-8-21. Advertising.
- R68-8-22. Seed Screenings.
- R68-8-23. Fees For Testing Services.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
Promulgated under authority of Sections 4-2-2, 4-16-3 and 4-17-3.
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.
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.
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.
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.
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.
A. The following kinds of agricultural seeds shall be labeled to show the variety name or the words, "Variety Not Stated."
B. The following kinds of agriculture seeds shall be labeled to show the variety name:
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.
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.
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
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
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
July 2, 2008
January 5, 2011
4-2-2; 4-16-3; 4-17-3
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.