CHAPTER 12:36:05
STANDARDS FOR LABELING
Section
12:36:05:01 Labeling requirements pertaining to variety.
12:36:05:02 Labeling requirements for flower seeds -- Performance characteristics.
12:36:05:03 Coarse seed enumerated.
12:36:05:04 Use of purple or blue labels.
12:36:05:01. Labeling requirements pertaining to variety. Labeling requirements pertaining to variety are as follows:
(1) Agricultural seeds of barley, flax, oats, rye, soybeans, tricicale, and wheat shall be labeled as to kind and variety except that when two or more varieties each in excess of 5 percent of the whole are combined to form a blend, the variety names may be omitted from the label provided:
(a) The kind is clearly identified with the word "blend" or other name or number commonly used by seedsmen or seed producers to identify their blends;
(b) The names of the varieties used to form the blend are included in the records for that seed lot; and
(c) The seedsman or seed producer has received written permission from the owner of any variety for which a United States Certificate of Plant Variety Protection has been applied for or issued to use that variety to form the blend;
(2) Agricultural seeds other than those listed in subdivision (1) of this section shall be labeled as to kind, kind and variety, or kind and variety not stated;
(3) Lawn and turf seeds shall be labeled as to kind or kind and variety; and
(4) Vegetable seeds in containers of less than one pound shall be labeled as to kind or kind and variety and vegetable seeds in containers of one pound or more shall be labeled as to kind and variety.
Source: 15 SDR 54, effective October 10, 1988.
General Authority:SDCL 38-12A-20.
12:36:05:02. Labeling requirements for flower seeds -- Performance characteristics. Flower seeds prepared for use by home gardeners shall be labeled as to kind and variety or kind and performance characteristics, as follows:
(1) For seeds of plants grown primarily for their blooms:
(a) If the seeds are of a single named variety, the kind and variety must be stated, for example: "Marigold, Butterball";
(b) If the seeds are of a single type and color for which there is no specific variety name, the type of plant, if it is significant, and the type and color of bloom must be indicated, for example, "Scabiosa, Tall, Large Flowered, Double, Pink";
(c) If the seeds consist of a mixture of colors of a blend or varieties of a single kind, the kind name, the type of plant, if it is significant, and the type of bloom must be indicated, and it must be clearly indicated that the seed is mixed or blended, for example, "Marigold, Dwarf Double French, Mixed Colors," or "Marigold Blend, Dwarf Double French, Mixed Colors"; and
(d) If the seeds consist of a mixture of kinds, it must be clearly indicated that the seed is mixed and the specific use of the mixture must be indicated, for example, "Cut Flower Mixture," "Rock Garden Mixture." Statements like "Wild Flower Mixture," "General Purpose Mixture," "Wonder Mixture," or any other statement which fails to indicate the specific use of the seed is not permitted unless the specific use of the mixture is also stated; and
(2) For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety must be stated or the kind must be stated together with a descriptive statement concerning the ornamental part of the plant, for example, "Ornamental Gourds, Small Fruited, Mixed."
Source: 15 SDR 54, effective October 10, 1988.
General Authority: SDCL 38-12A-20.
Law Implemented: SDCL 38-12A-5.
12:36:05:03. Coarse seed enumerated. Coarse seeds are the seeds of corn, wheat, oats, barley, rye, triticale, spelt, emmer, buckwheat, sorghum, beans, peas.
Source: 15 SDR 54, effective October 10, 1988.
General Authority:SDCL 38-12A-20.
Law Implemented:SDCL 38-12A-10.
12:36:05:04. Use of purple or blue labels. The purple label used with seed is limited to the registered class of certified seed. The blue label used with seed is limited to the certified class of certified seed. The certified seed label when attached to the bag serves for identification of genetic identity and purity. In addition, the certified label shall show the following:
(1) Class;
(2) Grower's producer number;
(3) Certification number;
(4) State where grown; and
(5) For certified seed potatoes -- statement that potatoes meet standards for disease and varietal purity.
Source: 15 SDR 54, effective October 10, 1988.
General Authority:SDCL 38-12A-20.
Law Implemented:SDCL 38-12A-16.
Cross-Reference: Seed certification standards, § 12:35:01:01.
