Wisconsin Legislature: ATCP 20.12(1)(a)

1. The container is hermetically sealed.

2. The seed in the container has been preconditioned as to moisture content.

(d) The moisture content of the seed, as packaged in the container under par. (b), does not exceed the applicable percentage by weight of moisture specified for that seed in Table 3.

Table 3

PERCENT MOISTURE OF SEED PACKED

IN HERMETICALLY SEALED CONTAINER

- See PDF for table

History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11; corrections in (4) (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

ATCP 20.08 Treated seed, inoculated seed, coated seed and combination products; labeling.

(1) Treated seed. A container or lot of treated agricultural seed shall be labeled with all of the following, in addition to any other label information required under this chapter:

(a) A conspicuous disclosure that the seed has been treated.

(b) The name of the substance used to treat the seed, or a description of the treatment used. The label may use the commonly-accepted name, chemical name, or abbreviated chemical (generic) name of the substance used to treat the seed.

(c) If the seed is treated with a pesticide, all signal words and precautionary statements required for that pesticide under 40 CFR 156.72.

(2) Inoculated seed. A container or lot of inoculated agricultural seed shall be labeled with, in addition to any other label information required under this chapter, the date beyond which the inoculant is no longer warranted to be effective.

(3) Coated seed.

(a) A container or lot of coated seed shall be labeled with all of the following information, in addition to any other information required under this chapter:

1. The percentage by weight of the container or lot content that is pure seed, exclusive of coating material.

2. The percentage by weight of the container or lot content that is coating material.

3. The percentage by weight of the container or lot content that is inert material other than coating material.

(b) For coated seed, the information under s. ATCP 20.06 (1) shall be based on a germination analysis of at least 400 coated pellets that may contain seeds, regardless of whether those pellets actually contain seeds.

(4) Combination seed and non-seed products; labeling. Each container or lot of combination seed and non-seed product shall be conspicuously labeled to disclose, in addition to any other labeling required under this chapter, the nature and composition of the product. The label shall describe each type of non-seed material included in the product, and shall disclose the respective percentages by weight of seed and non-seed materials. The product label may not be deceptive or misleading, and may not contain any false information or unsubstantiated performance claims.

History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.10 Hybrid seed labeling.

(1) Seed labeled as hybrid seed. If, in any container or lot of agricultural seed, at least 75 percent of the seeds of any kind or variety declared on the seed label are hybrid seeds, the label shall identify that kind or variety as hybrid seed. If less than 75 percent of the seeds of a declared kind or variety are hybrid seeds, the label may not identify that kind or variety as hybrid seed.

(2) Hybrid percentage declared. If a seed label identifies a declared kind or variety of agricultural seed as hybrid seed, but less than 95 percent of the seeds of that kind or variety in the container or lot are hybrid seeds, the label shall declare the actual percentage of hybrid seeds. The label shall declare that percentage in parenthesis following the name of the kind or variety.

(3) Hybrid considered separate variety. A hybrid version of a named seed variety is, for purposes of this chapter, a separate seed variety that shall be identified by a distinct variety name.

History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.12 Flower seed in small containers; composition. The flower seed label information required under s. ATCP 20.04 (4) (a) shall include all of the following as applicable:

(1) Plants grown for blooms. Flower seed used to grow plants primarily for their blooms shall be labeled as follows:

(a) If the seed is for a single variety of plant, the label shall declare both the plant kind and the variety.

Note: A declaration under par. (a) might say, for example, “Marigold, Butterball.”

(b) If the seed is for plants of a single type and bloom color, the label shall declare the kind, type and bloom color.

Note: A declaration under par. (b) might say, for example, “Scabiosa, Tall, Large Flowered, Double, Pink.”

(c) If the seed is for assorted colors or types of a single kind of plant, the label shall declare the kind, colors and types, and shall disclose that the seed is mixed or assorted.

Note: A declaration under par. (c) might say, for example, “Marigold, Dwarf Double French, Mixed Colors.”

(d) If the seed is for a mixture or assortment of kinds or varieties, the label shall indicate that the seed is a mixture or assortment, and shall identify a specific intended use of the mixture or assortment.

Note: A declaration under par. (d) might say, for example, “Cut Flower Mixture,” or “Rock Garden Assortment.” Statements such as “General Purpose Assortment” or “Wonder Mixture” that fail to indicate a specific intended use do not comply with par. (d).

(e) The composition of a seed mixture or assortment under par. (d) shall be declared as follows, if the seed mixture or assortment is packaged in a container that has net contents of more than 3 grams:

1. The label shall list the name and pure seed percentage of each component kind and each component variety of seed that has a pure seed percentage of more than 5 percent. Kinds and corresponding pure seed percentages shall be listed in order of predominance by pure seed percentage. Varieties and corresponding pure seed percentages shall be listed in order of predominance under the kind to which they pertain.

2. The label shall identify component kinds and varieties that have pure seed percentages of 5 percent or less, but need not declare their individual pure seed percentages or list them in order of predominance. The label shall declare the sum of the pure seed percentages of these component kinds and varieties except that, if no component kind or variety in the container has a pure seed percentage of more than 5 percent, the label may include the statement “No component in excess of 5%” in lieu of the sum of the pure seed percentages.

(f) If a seed mixture or assortment under par. (d) is packaged in a container with net contents of 3 grams or less, the label shall identify all of the component kinds and varieties but need not identify their pure seed percentages or list them in order of predominance.

(2) Plants grown for ornamental features other than blooms.

(a) Except as provided in par. (b), flower seed used to grow plants primarily for ornamental features other than blooms shall be labeled with the name and pure seed percentage of each kind and each variety of flower seed that comprises more than 5 percent by weight of the seed container contents.

(b) If a container includes assorted varieties of a kind, the container need not declare the individual varieties if it does all of the following:

1. Identifies the kind.

2. Identifies the declared kind as being a mixture, blend or assortment.

3. Describes the common ornamental feature of the varieties comprising the mixture, blend or assortment.

Note: For example, a label under par. (b) might describe a mixture of ornamental gourd seeds (seed kind) as “Ornamental Gourds, Small Fruited, Mixed.”

History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.14 Prohibited practices. No seed labeler or seller of agricultural seed may do any of the following:

(1) Sell, offer for sale, or display or distribute for sale in this state any agricultural seed that is not labeled according to this chapter, or that is accompanied by any false, deceptive or misleading labeling.

(2) Make any unsubstantiated content or performance claim for agricultural seed.

(3) Make any representation in connection with the advertising, promotion, offering for sale, or sale of any agricultural seed that is false, deceptive or misleading.

(4) Sell, offer for sale, or display or distribute for sale in this state any agricultural seed that contains any of the following:

(a) Any prohibited noxious weed seeds.

(b) Weed seeds that collectively constitute more than 0.50 percent of the seed container contents by weight.

(5) Add any foreign material, other than the following materials, to any agricultural seed that is sold, offered for sale, or displayed or distributed for sale in this state:

(a) Treatment materials used to produce treated seed that is properly labeled under s. ATCP 20.08 (1).

(b) Inoculants used to produce inoculated seed that is properly labeled under s. ATCP 20.08 (2).

(d) Mulch, growth media, fertilizer or other materials used to produce combination seed and non-seed products that are properly labeled under s. ATCP 20.08 (4).

History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.16 Labeling variances. The department may grant a variance from a labeling requirement under this chapter if the department finds that the variance is consistent with the purposes of this chapter, is consistent with other state and federal law, and is necessary to avoid unfairness or unnecessary hardship. A variance shall be issued in writing. The variance shall clearly describe the terms and conditions of the variance, and shall explain the department’s reasons for granting the variance.

History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.18 Seed labeler license.

(1) Requirement. No person may act as a seed labeler unless that person holds a valid annual license from the department under s. 94.43, Stats. An annual license expires on December 31. A license is not transferable.

(2) License application. A person shall apply for a license under sub. (1) on a form provided by the department. The application shall include all of the following:

(a) The correct legal name of the applicant, as it will appear on seed labels.

(b) The applicant’s principal business address.

(c) The applicant’s gross sales of seed in this state, if any, under the applicant’s label in the 12 months immediately preceding the date of application.

(d) Other information reasonably required by the department for licensing purpose.

(e) The license fee required under sub. (3).

Note: License application forms may be obtained by contacting the Seed Program at the Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911 or at (608) 224-4500 or at https://datcp.wi.gov/Pages/Homepage.aspx.

(3) License fee. A license application under sub. (2) shall include the following fee based on the gross sales reported under sub. (2) (c) or, if no sales are reported under sub. (2) (c), a fee of $25:

(a) Twenty-five dollars for gross sales of less than $10,000.

(b) Fifty dollars for gross sales of at least $10,000 but less than $50,000.

(d) Three hundred dollars for gross sales of at least $100,000 but less than $250,000.

(e) Five hundred dollars for gross sales of at least $250,000 but less than $500,000.

(f) Seven hundred fifty dollars for gross sales of at least $500,000 but less than $1 million.

(g) One thousand dollars for gross sales of at least $1 million but less than $10 million.

(h) Fifteen hundred dollars for gross sales of at least $10 million but less than $100 million.

(i) Twenty-five hundred dollars for gross sales of at least $100 million.

History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.