Chapter ATCP 20

Chapter ATCP 20

SEED LABELING AND SALE

ATCP 20.01   Definitions.

ATCP 20.02   Seed evaluation and related terminology.

ATCP 20.04   Seed labeling; general.

ATCP 20.06   Seed germination; labeling, analysis and standards.

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

ATCP 20.10   Hybrid seed labeling.

ATCP 20.12   Flower seed in small containers; composition.

ATCP 20.14   Prohibited practices.

ATCP 20.16   Labeling variances.

ATCP 20.18   Seed labeler license.

Ch. ATCP 20 Note Note: Chapter Ag 20 was renumbered ch. ATCP 20 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448; Chapter ATCP 20 was repealed and recreated, Register June 2011 No. 666.

ATCP 20.01 ATCP 20.01 Definitions. In this chapter:

ATCP 20.01(1) (1) “Agricultural seed” means any kind or mixture of kinds of plant seed, other than tree or shrub seed, which is sold, offered for sale, or displayed or distributed for sale for sowing purposes. “Agricultural seed” includes crop seed, vegetable seed, lawn or turf seed, flower seed and native species seed.

ATCP 20.01(2) (2) “Area of origin” means the area from which seed was harvested for sale or distribution.

ATCP 20.01(3) (3) “Coated seed” means agricultural seed that is covered with any substance that changes the size, shape or weight of the seed.

ATCP 20.01(4) (4) “Combination seed and non-seed product” means a product, other than treated seed, inoculated seed or coated seed, that contains agricultural seed in combination with mulch, growth media, fertilizer or other materials that are directly or implicitly purported to enhance the germination, erosion resistance, ease of application or other performance characteristics of the agricultural seed.

ATCP 20.01(5) (5) “Container” means any package, packet, bag or other receptacle in which agricultural seed is sold, offered for sale, or displayed or distributed for sale.

ATCP 20.01(6) (6) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 20.01(7) (7) “Dormant seed” means viable agricultural seed, other than hard seed, which fails to germinate in a germination analysis conducted according to this chapter.

ATCP 20.01(8) (8) “Dormant seed percentage” means, for a particular kind or variety of agricultural seed, the percentage of seeds in a container or lot that are dormant seeds, as estimated by a germination analysis conducted according to this chapter.

ATCP 20.01(9) (9) “Flower seed” means seed of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seed in this state. “Flower seed” does not include native species seed that is labeled as native species seed.

ATCP 20.01(10) (10) “Germination” means the emergence and development from the seed embryo of those essential structures which, for the kind of seed, are indicative of the ability to produce a normal plant under favorable conditions.

ATCP 20.01(11) (11) “Germination percentage” means, for a particular kind or variety of agricultural seed, the percentage of seeds in a container or lot that germinate under favorable germination conditions, as estimated by a germination analysis under this chapter.

ATCP 20.01(12) (12) “Hard seed” means agricultural seed that would remain hard throughout a germination analysis conducted according to this chapter because the seed would not absorb water due to an impermeable seed coat.

ATCP 20.01(13) (13) “Hard seed percentage” means, for a particular kind or variety of agricultural seed, the percentage of seeds in a container or lot that are hard seeds, as estimated by a germination analysis conducted according to this chapter.

ATCP 20.01(14) (14) “Hybrid seed” means the first generation seed of a cross produced by controlling the pollination and by combining two or more inbred lines, one inbred or a single cross with an open pollinated variety or two varieties or species, except open-pollinated varieties of zea mays (corn). “Hybrid seed” does not include the second or subsequent generation of seed produced from a cross described in this subsection.

ATCP 20.01 Note Note: A hybrid version of a named seed variety is considered a separate seed variety.

ATCP 20.01(15) (15) “Indigenous” species means a species that is indigenous to the state of Wisconsin, as determined by the Wisconsin department of natural resources in Wisconsin department of natural resources technical bulletin number 192, Checklist of Vascular Plants of Wisconsin (2001).

ATCP 20.01 Note Note: Copies of the DNR technical bulletin number 192, Checklist of Vascular Plants of Wisconsin (2001), can be obtained at http://digital.library.wisc.edu/1711.dl/EcoNatRes.DNRBull192 or by contacting the Wisconsin department of agriculture, trade and consumer protection (seed program) at P.O. Box 8911, Madison, WI 53708-8911, [phone] or https://datcp.wi.gov/Pages/Homepage.aspx.

ATCP 20.01(16) (16) “Inert matter” means all matter that is not intact seed. “Inert matter” includes broken seeds, sterile florets, chaff, fungus bodies and stones.

ATCP 20.01(17) (17) “Inoculated seed” means legume seed that has received an application of a bacteria culture that will effectively inoculate the legume to produce root nodulation, plant growth and nitrogen accumulation.

ATCP 20.01(18) (18) “Kind” means seed of a particular plant species or subspecies, or 2 or more related plant species or sub-species, which are singly or collectively known by one common name such as corn, oats, alfalfa or timothy. “Kind” includes an indigenous species or subspecies.

ATCP 20.01(19) (19) “Lawn or turf seed” means the seed of grasses, clovers or other agricultural seeds or seed mixtures that are commonly used or sold for seeding lawns, parks or turf areas in this state. “Lawn or turf seed” does not include native species seed that is labeled as native species seed.

ATCP 20.01(20) (20) “Lot” means a specific bulk quantity of agricultural seed, or a specific aggregation of agricultural seed containers, whose seed contents are uniform throughout.

ATCP 20.01(21) (21) “Lot code” means a number or mark that uniquely identifies a lot.

ATCP 20.01(22) (22) “Mixture” means agricultural seed consisting of more than one kind or variety, where each kind or declared variety represents more than 5 percent by weight of the whole mixture.

ATCP 20.01(23) (23) “Native species seed” means agricultural seed derived from indigenous herbaceous species.

ATCP 20.01(24) (24) “Noxious weed seeds” include prohibited noxious weed seeds and restricted noxious weed seeds.

ATCP 20.01(25) (25) “Person” means an individual, corporation, partnership, limited liability company, trust or other legal entity.

ATCP 20.01(26) (26) “Pesticide” has the meaning given in s. 94.67 (25), Stats.

ATCP 20.01(27) (27) “Prohibited noxious weed seeds” means the seeds of weeds that are highly destructive and difficult to control by good cultural practices and use of herbicides. “Prohibited noxious weed seeds” includes: amaranthus palmeri (Palmer amaranth), amaranthus tuberculatus (waterhemp), convolvulus arvensis (field bindweed), euphorbia esula (leafy spurge), cirsium arvense (Canada thistle), panicum miliaceum (wild proso millet), eriochloa villosa (woolly cupgrass), pueraria montana var. lobate (kudzu), polygonum perfoliatum (mile-a-minute weed), centaurea picris (Russian knapweed), and centaurea maculos (spotted knapweed).

ATCP 20.01(28) (28) “Pure live seed percentage” means, for a particular kind or variety of native species seed, the sum of the following multiplied by the pure seed percentage:

ATCP 20.01(28)(a) (a) The germination percentage.

ATCP 20.01(28)(b) (b) The hard seed percentage or dormant seed percentage, as appropriate based on the applicable seed evaluation method in this chapter.

ATCP 20.01(29) (29) “Pure seed percentage” means, for a particular kind or variety of agricultural seed, the percentage by weight of the container or lot contents that is comprised of seed of that kind or variety exclusive of inert matter and other seeds.

ATCP 20.01(30) (30) “Restricted noxious weed seeds” means seeds of species that are objectionable, but that can be controlled by good cultural practices or use of herbicides. “Restricted noxious weed seeds” include raphanus raphanistrum (wild radish), plantago lanceolata (buckhorn), silene alba (white cockle), cuscuta spp.

ATCP 20.01(30)(dodder) (dodder), berteroa incana (hoary alyssum), avena fatua (wild oat), sinapis arvensis (wild mustard), agropyron repens (quackgrass), sonchus arvensis (perennial sowthistle), ambrosia trifida (giant ragweed), and abutilon theophrasti (velvetleaf).

ATCP 20.01(31) (31) “Seed evaluation” means evaluation of agricultural seed to determine seed composition, purity, germination percentage, hard seed percentage, dormant seed percentage, weed seed content, inert matter content, or other characteristics for purposes of seed labeling, regulatory compliance or enforcement under this chapter. “Seed evaluation” includes seed sampling, inspection, analysis, testing and examination. “Seed evaluation” includes evaluation by seed labelers and by the department.

ATCP 20.01(32) (32) “Seed evaluation terminology” means the nomenclature used in seed evaluation and related seed labeling, and includes relevant connotations, conditions, limitations and tolerances related to the declaration of seed evaluation results on seed labels.

ATCP 20.01(33) (33) “Seed labeler” means a person who holds a valid license under s. ATCP 20.18, and who accepts legal responsibility for the labeling that accompanies a container or lot of agricultural seed that is sold, offered for sale, or displayed or distributed for sale in this state.

ATCP 20.01(34) (34) “Treated seed” means agricultural seed that is treated with a pesticide, or that is treated with another substance or process for which the seed advertising or labeling makes a performance claim.

ATCP 20.01(35) (35) “Type” as applied to flower seed means a group of different varieties of the same kind of flower seed, where the different varieties are so nearly similar that they cannot be clearly distinguished except under special conditions or analysis.

ATCP 20.01(36) (36) “Uniform” means consistent in composition and characteristics that are relevant to labeling requirements under this chapter, within tolerances prescribed by the relevant seed evaluation method under this chapter for each relevant characteristic.

ATCP 20.01(37) (37) “Variety” means a subdivision of a kind, where the subdivision is all of the following:

ATCP 20.01(37)(a) (a) Distinct in the sense that it can be differentiated from all other known varieties of the kind by one or more identifiable morphological, physiological or other characteristics.