ATCP 20.04 NoteNote: 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 HistoryHistory: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11. ATCP 20.06ATCP 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)(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)(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)(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)(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.