Chapter ATCP 20

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.

ATCP 20.01(37)(b) (b) Uniform in the sense that variations in essential and distinctive characteristics, within the variety, are describable.

ATCP 20.01(37)(c) (c) Stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and in its uniformity when reproduced or reconstituted as required for different categories of varieties.

ATCP 20.01 Note Note: Under the federal seed law (7 USC 1551 et. seq.), plant breeders may assign names to new plant varieties that they create. Variety names once established may not be changed. Plant breeders are not required to register variety names, but must refrain from duplicating existing variety names (the United States department of agriculture offers a name searching service to determine whether a proposed name is already in use). A company or trade name may not be used as a substitute for an established variety name. Under the federal plant variety protection act (7 USC 2321 et seq.), a plant breeder may obtain a certificate of plant variety protection (similar to a patent) for a new plant variety that meets certain criteria.

ATCP 20.01(38) (38) “Vegetable seed” means agricultural seed that is commonly used to produce vegetables or herbs in home gardens, and is generally known and sold under the name of vegetable or herb seed in this state.

ATCP 20.01(39) (39) “Weed” means a plant that is generally recognized as objectionable within the intended crop or planting in this state.

ATCP 20.01(40) (40) “Wild type” means a native species that is not a named variety.

ATCP 20.01 History History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11; correction in (28) (a), (b) made under s. 13.92 (4) (b) 1., Stats., Register June 2011 No. 666; CR 18-020: am. (27) Register October 2019 No. 766, eff. 11-1-19.

ATCP 20.02 ATCP 20.02 Seed evaluation and related terminology.

ATCP 20.02(1) (1) Except as otherwise provided in this chapter, agricultural seed evaluation methods and seed evaluation terminology used in agricultural seed labeling shall be consistent with applicable Rules for Seed Testing (October 1, 2010 edition) published by AOSA, Inc.

ATCP 20.02 Note Note: AOSA, Inc. is also known as the Association of Official Seed Analysts. Copies of the Rules for Seed Testing (October 1, 2010 edition), published by AOSA, Inc., are on file with the department and the legislative reference bureau. Copies may be obtained by contacting AOSA, Inc. at http://www.aosaseed.com.

ATCP 20.02(2) (2) An agricultural seed sample collected by the department shall be accompanied by the label for that seed. At the request of the department, a seed labeler shall provide a copy of the agricultural seed label to accompany each seed sample collected by the department.

ATCP 20.02 History History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.04 ATCP 20.04 Seed labeling; general.

ATCP 20.04(1) (1) Label contents; general. Except as provided in subs. (3) to (5), every container or lot of agricultural seed that is sold, offered for sale, or exposed or distributed for sale in this state shall be labeled with all of the following:

ATCP 20.04(1)(a) (a) The name and address of the seed labeler.

ATCP 20.04(1)(b) (b) A net quantity declaration that complies with ss. 98.07 and 98.08, Stats. If the seed is sold in packaged form, the net quantity declaration shall comply with s. ATCP 90.08 (12).

ATCP 20.04 Note Note: The net quantity declaration under par. (b) is normally expressed as the total net weight of the labeled container or lot.

ATCP 20.04(1)(c) (c) A lot code identifying the labeled lot or, in the case of a labeled container, the source lot from which the container originates.

ATCP 20.04(1)(d) (d) The area of origin of the seed if the area of origin is known or if the seed is represented as native species seed. If the seed is a mixture of kinds or varieties from different areas of origin, the label shall identify the area of origin for each kind or variety declared under par. (e). The area of origin, if located in this state, may be identified by a geographic description or by a the name of a political subdivision such as a county. If the seed originates from another state or country, the label shall identify that state or country.

ATCP 20.04(1)(e) (e) All of the following information related to the composition of the agricultural seed:

ATCP 20.04(1)(e)1. 1. The name and pure seed percentage of each kind of agricultural seed that constitutes more than 5 percent by weight of the net contents of the container or lot. Kinds and corresponding pure seed percentages shall be listed in order of predominance based on pure seed percentage.

ATCP 20.04(1)(e)2. 2. The name and pure seed percentage of each variety of agricultural seed that is declared on the seed label. If the label declares any variety of a kind, it shall declare every variety of that kind that has a pure seed percentage of more than 5 percent. Varieties protected by a certificate of protection under the federal plant variety protection act shall be declared. Declared varieties and corresponding pure seed percentages shall be listed in order of predominance under the kinds to which they pertain. If a container or lot includes 2 or more undeclared varieties of any kind, each of which has an undisclosed pure seed percentage of more than 5 percent, the label shall identify the seed of that kind as a mixture, blend or assortment and shall include the conspicuous statement “Variety Not Stated.”

ATCP 20.04(1)(f) (f) The combined total amount of all weed seeds in the container or lot, expressed as a percentage by weight of the total net contents of the container or lot. If any of the weed seeds are noxious weed seeds, the label shall also identify each component kind of noxious weed seed and its percentage by weight of the container or lot contents.

ATCP 20.04(1)(g) (g) The combined total amount, in the container or lot, of all agricultural seeds of kinds not declared under par. (e) 1. This amount shall be expressed as a percentage by weight of the total net contents of the container or lot. The label need not identify these seeds by kind, but may describe them collectively as “other crop seeds” to distinguish them from kinds declared under par. (e) 1.

ATCP 20.04(1)(h) (h) The combined total amount of all inert matter in the container or lot, expressed as a percentage by weight of the total net contents of the container or lot.

ATCP 20.04(1)(i) (i) The summation of the component percentages declared under pars. (e) 1., (f), (g), and (h), which shall yield a total of 100 percent.

ATCP 20.04(1)(j) (j) The germination information described in s. ATCP 20.06 (1), and the month and year in which the germination analysis used to determine that information was completed.

ATCP 20.04(1)(k) (k) Applicable information required under s. ATCP 20.08 if any of the seed is treated, inoculated or coated seed, or if the seed is part of a combination seed and non-seed product.

ATCP 20.04(1)(L) (L) Applicable information required under s. ATCP 20.10 if the label identifies any of the seed as hybrid seed.

ATCP 20.04(1)(m) (m) Other label information required by this chapter.

ATCP 20.04(2) (2) Form of labeling. The label information required under this section shall be attached to each container of agricultural seed, except that:

ATCP 20.04(2)(a) (a) The information may be provided in an invoice or other labeling document that accompanies a wholesale lot or unpackaged bulk lot of agricultural seed identified in the invoice or labeling document. If a wholesale lot includes more than one unlabeled container of agricultural seed, the wholesale lot code shall be marked on each container and the seed in each container shall conform to the labeling that accompanies the wholesale lot.

ATCP 20.04(2)(b) (b) If the agricultural seed is weighed and sold at retail from an open display container in the presence of the retail purchaser:

ATCP 20.04(2)(b)1. 1. Label information required under this section may be disclosed on a label that is attached to the display container, provided that copies of that label are also available for purchasers to take.

ATCP 20.04(2)(b)2. 2. If the seed labeler is the retail seller, the seed labeler’s name and address may be disclosed on a scale ticket, sales slip or invoice provided to the retail purchaser.

ATCP 20.04(2)(b)3. 3. The net content declaration under sub. (1) (b) may be disclosed on a scale ticket, sales slip or invoice provided to the retail purchaser.

ATCP 20.04(3) (3) Vegetable seed in small quantities for home use.

ATCP 20.04(3)(a) (a) If vegetable seed that complies with s. ATCP 20.06 (3) is packaged for home use in a container with net contents of less than one pound, or in a pre-planted container, mat, tape or other planting device with net contents of less than one pound, the container or device may be labeled with one of the following in lieu of all the information required under s. ATCP 20.04 (1) (f) to (j):

ATCP 20.04(3)(a)1. 1. The month and year in which a germination analysis under s. ATCP 20.02 was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(3)(a)2. 2. The statement “Sell by [seed labeler inserts date].” The stated date may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(3)(a)3. 3. A statement indicating the calendar year in which the seed is to be used. The beginning of the year may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(3)(b) (b) If the vegetable seed is packaged in a pre-planted container, or in a mat, tape or other planting device, the guaranteed minimum quantity of pure vegetable seed included in that container or planting device if that quantity cannot be readily ascertained by a prospective buyer.

ATCP 20.04(4) (4) Flower seed in small quantities for home use. If flower seed that complies with s. ATCP 20.06 (4) is packaged for home use in a container with net contents of less than one pound, or in a pre-planted container, mat, tape or other planting device with net contents of less than one pound, the container or device may be labeled with all of the following information in lieu of all the information required under s. ATCP 20.04 (1) (e) to (j):

ATCP 20.04(4)(a) (a) Applicable information under s. ATCP 20.12 describing the composition of the flower seed.

ATCP 20.04(4)(b) (b) One of the following:

ATCP 20.04(4)(b)1. 1. The month and year in which a germination analysis under s. ATCP 20.02 was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(4)(b)2. 2. The statement “Sell by [seed labeler inserts date].” The stated date may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(4)(b)3. 3. A statement indicating the calendar year in which the seed is to be used. The beginning of the year may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(4)(c) (c) If the flower seed is packaged in a pre-planted container, or in a mat, tape or other planting device, the guaranteed minimum quantity of pure flower seed included in that container or planting device if that quantity cannot be readily ascertained by a prospective buyer.

ATCP 20.04(5) (5) Native species seed.

ATCP 20.04(5)(a) (a) Seed may not be represented as native species seed unless it is derived from indigenous herbaceous species.

ATCP 20.04 Note Note: See definitions of “indigenous” and “native species seed” in s. ATCP 20.01 (15) and (23).

ATCP 20.04(5)(b) (b) A container or lot of native species seed shall be labeled with the scientific species or subspecies name corresponding to each kind or variety of native species seed declared under sub. (1) (e).

ATCP 20.04(5)(c) (c) A native species seed label may, for each declared kind and each declared variety of native species seed, state the pure live seed percentage in lieu of the germination information under s. ATCP 20.06 (1).

ATCP 20.04(5)(d) (d) Native species seed germination analysis shall be performed by means of a procedure prescribed under s. ATCP 20.02 or by means of tetrazolium analysis. If tetrazolium analysis is used, germination information on the seed label shall be accompanied by the word “Untested.”

ATCP 20.04(5)(e) (e) If native species seed is packaged for home use in a container with net contents of less than one pound, or in a pre-planted container, mat, tape or other planting device with net contents of less than one pound, the container or device may be labeled with one of the following in lieu of all the information required under s. ATCP 20.04 (1) (f) to (j):

ATCP 20.04(5)(e)1. 1. The month and year in which a germination analysis under par. (c) was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(5)(e)2. 2. The statement “Sell by [seed labeler inserts date].” The stated date may be no more than 12 months after the end of the month in which a germination analysis under par. (c) was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(5)(e)3. 3. A statement indicating the calendar year in which the seed is to be used. The beginning of the year may be no more than 12 months after the end of the month in which a germination analysis under par. (c) was completed on the source lot identified under sub. (1) (c).

ATCP 20.04(5)(f) (f) If the native species seed is packaged in a pre-planted container, or in a mat, tape or other planting device, the guaranteed minimum quantity of pure native species seed included in that container or planting device if that quantity cannot be readily ascertained by a prospective buyer.

ATCP 20.04 History History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.06 ATCP 20.06 Seed germination; labeling, analysis and standards.

ATCP 20.06(1) (1) Label information. A seed label that is required to include germination information under s. ATCP 20.04 (1) (j) shall state the following percentages for each declared kind and each declared variety of seed:

ATCP 20.06(1)(a) (a) The germination percentage.

ATCP 20.06(1)(b) (b) The hard seed percentage or dormant seed percentage, as appropriate based on the applicable test method under s. ATCP 20.02.

ATCP 20.06(2) (2) Germination analysis; expiration.

ATCP 20.06(2)(a) (a) Except as provided in par. (b):

ATCP 20.06(2)(a)1. 1. The label information under sub. (1) shall be based on a seed germination analysis under s. ATCP 20.02 that is completed within the 12-month period immediately preceding the month in which the seed is sold, offered for sale, or displayed or distributed for sale, except that for lawn or turf seed the label information may be based on a seed germination analysis under s. ATCP 20.02 that is completed within the 15-month period immediately preceding the month in which the seed is sold, offered for sale, or displayed or distributed for sale.

ATCP 20.06(2)(a)2. 2. Seed on which a germination analysis under subd. 1 has expired may be relabeled with the results of a new germination analysis that complies with subd. 1.

ATCP 20.06(2)(b) (b) If seed is packaged in a hermetically sealed container as provided in sub. (5), the label information under sub. (1) may be based on a germination analysis under s. ATCP 20.02 that is completed within the 36-month period immediately preceding the month in which the seed is sold, offered for sale, or displayed or distributed for sale. Seed on which a germination analysis under this paragraph has expired may not be sold, offered for sale, or displayed or distributed for sale unless it has been retested within the 9-month period immediately preceding month in which it is sold, offered for sale, or displayed or distributed for sale, and is re-labeled with the new analysis results and extended expiration date.

ATCP 20.06(2)(c) (c) A person holding seed on which the germination analysis is no longer valid under this subsection shall withdraw the seed from sale and shall identify it as expired seed until it has been re-analyzed and relabeled by the seed labeler identified on the new label.

ATCP 20.06(3) (3) Germination standards for vegetable seed.

ATCP 20.06(3)(a) (a) Except as provided in par. (b), the germination percentage for each kind of vegetable seed shall be at least equal to the applicable percentage specified in Table 1.

ATCP 20.06(3)(b) (b) If the germination percentage for any kind of vegetable seed is less than the applicable percentage specified in Table 1, the vegetable seed shall be labeled with the actual germination percentage and the conspicuous words “Below Standard” in not less than 8-point type.

Table 1