Chapter ATCP 20

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

GERMINATION STANDARDS FOR VEGETABLE SEEDS

ATCP 20.06(4) (4) Germination standards for flower seed.

ATCP 20.06(4)(a) (a) Except as provided in par. (b) or (c), the germination percentage for each kind of flower seed, as determined by an analysis under s. ATCP 20.02, shall be at least equal to the applicable percentage specified in Table 2. When calculating the germination percentage for a kind of flower seed marked with an asterisk in Table 2, hard seeds may be counted as if they were germinated seeds.

ATCP 20.06(4)(b) (b) Except as provided in par. (c), if the germination percentage for any kind of flower seed is less than the applicable minimum percentage specified in Table 2, the flower seed shall be labeled with the actual germination percentage and the conspicuous words “Below Standard” in not less than 8-point type.

ATCP 20.06(4)(c) (c) If flower seed is of a kind that is not specifically identified in Table 2, and is of a kind for which no standard germination analysis is prescribed under s. ATCP 20.02, the flower seed may be labeled with the year of collection and the word “Untested.”

Table 2

GERMINATION STANDARDS FOR FLOWER SEED

ATCP 20.06(5) (5) Seed packaged in hermetically sealed containers. Seed is deemed to be packaged in a hermetically sealed container for purposes of sub. (2) (b) if all of the following apply:

ATCP 20.06(5)(a) (a) The seed was subjected to a germination analysis under s. ATCP 20.02 and packaged within 9 months after harvest.

ATCP 20.06(5)(b) (b) The seed is packaged in a sealed container that does not allow water vapor penetration, through any wall or seal, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees Fahrenheit with a relative humidity on one side of 90 percent and on the other side of 0 percent.

ATCP 20.06(5)(c) (c) The container under par. (b) is conspicuously labeled to indicate all of the following:

ATCP 20.06(5)(c)1. 1. The container is hermetically sealed.

ATCP 20.06(5)(c)2. 2. The seed in the container has been preconditioned as to moisture content.

ATCP 20.06(5)(d) (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

ATCP 20.06 History 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 ATCP 20.08 Treated seed, inoculated seed, coated seed and combination products; labeling.

ATCP 20.08(1) (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:

ATCP 20.08(1)(a) (a) A conspicuous disclosure that the seed has been treated.

ATCP 20.08(1)(b) (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.

ATCP 20.08(1)(c) (c) If the seed is treated with a pesticide, all signal words and precautionary statements required for that pesticide under 40 CFR 156.72.

ATCP 20.08(2) (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.

ATCP 20.08(3) (3) Coated seed.

ATCP 20.08(3)(a) (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:

ATCP 20.08(3)(a)1. 1. The percentage by weight of the container or lot content that is pure seed, exclusive of coating material.

ATCP 20.08(3)(a)2. 2. The percentage by weight of the container or lot content that is coating material.

ATCP 20.08(3)(a)3. 3. The percentage by weight of the container or lot content that is inert material other than coating material.

ATCP 20.08(3)(b) (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.

ATCP 20.08(4) (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.

ATCP 20.08 History History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.10 ATCP 20.10 Hybrid seed labeling.

ATCP 20.10(1) (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.

ATCP 20.10(2) (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.

ATCP 20.10(3) (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.

ATCP 20.10 History History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.

ATCP 20.12 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:

ATCP 20.12(1) (1) Plants grown for blooms. Flower seed used to grow plants primarily for their blooms shall be labeled as follows:

ATCP 20.12(1)(a) (a) If the seed is for a single variety of plant, the label shall declare both the plant kind and the variety.