(a) Licensing.

1. (1)

   1. (A)

(b) (b) Agricultural seed shall be considered to include, in addition to the kinds covered in the section on definitions, garden and lima bean, spinach, mustard, turnip, and garden pea seed when in containers of twenty-five pounds (25 lbs.) or more.

1. (ii) Licenses shall be issued on an annual basis covering the period July 1 through June 30.

   1. (iii) Applications for securing a license may be obtained from the board.

   2. (B) Note:

      1. (i) Companies with subsidiaries with different names must have a separate license for each name (if seed labeled from that location is distributed into or within Arkansas); and
      2. (ii)

(b) (b) However, companies with subsidiary locations that sell within or into Arkansas agricultural seed for planting field crops such as rice, soybeans, and small grains, etc., must register each location and pay required registration fees, see 2 CAR § 33-105, Fees and services.

1. (2) Exceptions.

   1. (A)

      1. (i) A license is not required for a person who offers for sale, sells, or distributes his or her own production of Arkansas-certified seed which must be bagged and tagged.
      2. (ii) Applies to certified seed producers of one hundred (100) acres or less.
   2. (B) A license is not required for a person who offers for sale, sells, or distributes only seed that has been sampled, tested, and for which labels have been completely printed by the board.
   3. (C) A license is not required for a person who offers for sale, sells, or distributes only seed obtained from a licensed seedsman which is in full compliance with this part and on which the tonnage fee is paid by a licensed seedsman.
2. (3) Failure of a licensee to observe this part, file required reports, or pay fees required shall be grounds for cancellation of the license by the board.

(b) Tonnage fees.

1. (1)

   1. (A) All agricultural seed distributed or sold, whether in bulk or in containers, within or into Arkansas for planting purposes shall have a tonnage fee paid on it to the board, see Section 5. Fees.
   2. (B) The tonnage fee shall be due on the total pounds of first sales distributions by the originating licensee.

2. (2) Exceptions.

   1. (A) In cases where a licensed Arkansas seedsman purchases or receives agricultural seed for planting purposes from a seedsman located outside the State of Arkansas, the tonnage fee may be paid by either seedsman, but final responsibility rests with the Arkansas seedsman.
   2. (B) Subsequent sale by an additional licensee of seed on which the fee has been paid would not be subject to any further tonnage fees.

   3. (C) The tonnage fee may be paid by either the permit label system or by the reporting system:

      1. (i)

(b) (b) All seed must be in containers.

1. (c) (c) Bulk bags are not eligible to be used under the permit label system.

   1. (d) Permit labels are purchased from the board and attached to each container, see 2 CAR § 33-105, Fees and services; and

      1. (ii)

(b) (b) Seed may be in:

1. (1) (1) Containers;
2. (2) (2) Bulk; or

3. (3) (3) Both.

   1. (c)
4. (1) (c)(1) A report is filed with the board each quarter on forms furnished by the board covering all seed sold within or into Arkansas not carrying a board label.

5. (2)

   1. (A) (2)(A) Reports and fees due shall be filed with the board no later than thirty (30) days following the end of each quarter.
   2. (B) (B) First quarter begins July 1 and ends September 30.
   3. (C) (C) Second quarter begins October 1 and ends December 31.
   4. (D) (D) Third quarter begins January 1 and ends March 31.
   5. (E) (E) Fourth quarter begins April 1 and ends June 30.
6. (3) (3) Reports shall be filed each quarter, even if no seed sales occurred during the period being reported.

7. (4) (4) The board may assess a ten percent (10%) additional charge for late reports.

   1. (D)

      1. (i) Any person who sells, offers for sale, or distributes agricultural seed for planting purposes within the state, or who sells or distributes agricultural seed into the state in containers only, has the option of using the reporting system, as outlined above, or he or she may elect to purchase Arkansas permit labels and attach one to each container of such seed not previously accounted for by another licensee.
      2. (ii) This option would be indicated at the time application is filed for a license.
   2. (E) In those cases where the seed of a licensee who is using the reporting system requires a special permit label (noncertified cotton and sorghum for syrup, when labeled as to variety), then this seed shall be exempt from the quarterly seed report.

   3. (F) The board or its representative is authorized to inspect the records, during normal business hours, of any person subject to compliance with this part.

      1. (c) Labeling.
8. (1) A label with the information listed below shall be on or attached to each container of agricultural seed for planting purposes and, if seed is in bulk, the label shall accompany each sale, either on the invoice or on a separate sheet or tag, except that, in retail stores where sales are made from small open containers, the label of the seed shall be openly displayed on each container instead of being given to the purchaser with each sale.

9. (2) The label shall contain the following information, clearly legible in the English language, truly and correctly given:

   1. (A) The seedsman’s or vendor's name and address;

   2. (B)

      1. (i) The kind and variety of seed, or if variety is not listed, so state "Variety Not Stated.".
      2. (ii) Note. See subsection (d) of this section for kinds required to be labeled by variety name;
   3. (C) The lot number;
   4. (D) The state in which the seed was grown, or if unknown, a statement to that effect;
   5. (E) The year grown for certified cotton;
   6. (F) The percentage of pure seed;
   7. (G) The percentage of weed seed, including noxious weeds;
   8. (H) The percentage of other crop;
   9. (I) The percentage of inert matter;
   10. (J) The percentage of germination, exclusive of hard seed, and percentage of hard seed, if present;

   11. (K)

       1. (i) The date the germination test was completed, given by month and year.
       2. (ii) The test is valid for nine (9) months, not including the month the seed was tested;
   12. (L) Net weight of contents, with the exception of corn, which may be on the label or bag in the vicinity of the label;

   13. (M)

       1. (i) Any tall fescue offered for sale in Arkansas, certified or noncertified, must have shown on the tag that the seed contains ryegrass, if any, and the amount given in percentage.
       2. (ii) If no ryegrass is found in the sample, the tag shall state, "No Ryegrass Found".
       3. (iii) Note. Experiments have shown that if fescue seed contains as little as five-tenths percent (.5%) ryegrass seed, the first year's crop may contain as much as twenty-five percent (25%) ryegrass heads; and

   14. (N)

       1. (i) Name and number of noxious weed seeds present per pound, or if none are present, a statement to that effect, the noxious weeds being as follows:

(b) (b) Bermudagrass (Cynodon dactylon);

1. (c) (c) Blueweed (Helianthus ciliaris);

   1. (d) (d) Buckhorn plantain (Plantago lanceolata);

(h) (h) Crotalaria (Crotalaria spp.);

1. (i) (i) Darnel (Lolium temulentum);

(k) (k) Dodder (Cuscuta spp.);

1. (l) (l) Field bindweed (Convolvulus arvensis);

   1. (m) (m) Giant foxtail (Setaria faberi);

(u) (u) Purple nightshade (Solanum elaeagnifolium);

1. (v) (v) Wild onion and/or wild garlic (Allium spp.);

(w) (w) Serrated tussock (Nassella trichotoma);

1. (x) (x) Barnyardgrass (Echinochloa crus-galli) added November 1994; and

(y) (y) Tropical soda apple (Solanum viarum) added August 1996.

1. (ii) When found in rice, the following weeds shall, in addition, be classed as noxious and their presence must be indicated in accordance with the requirements for other noxious weeds:

(b) (b) Curly indigo (Aeschynomene spp.); and

1. (c) (c) Tall indigo or coffee bean (Sesbania exaltata).

   1. (d) Variety/brand labeling requirements.

2. (1)

   1. (A) In seed of wheat, soybeans, rice, and cotton, the label must contain the commonly accepted name of the kind and variety of each agricultural seed component in excess of five percent (5%) of the whole and the percentage by weight of each.
   2. (B) Variety identification is not required for wheat seed labeled “for cover crop”.

3. (2)

   1. (A) The name of a kind and variety of seed and any descriptive terms pertaining thereto shall be correctly represented in any labeling of the seed.

   2. (B) The name of each variety of agricultural or vegetable seed is the name determined in accordance with the following considerations:

      1. (i)

(b) (b) The name of each variety of agricultural or vegetable seed is the name determined in accordance with the following considerations:

1. (1) (1) The variety name shall represent a subdivision of a kind, which is characterized by:

   1. (A) (A) Growth;
   2. (B) (B) Plant;
   3. (C) (C) Fruit;
   4. (D) (D) Seed; or
   5. (E) (E) Other characteristics by which it can be differentiated from other sorts of the same kind;
2. (2) (2) The name of a new variety shall be the name given by the originator or discoverer of the variety, except that in the event the originator or discoverer of a new unnamed variety, at the time seed of the variety is first introduced into channels of commerce of the United States for sale to the public, cannot or chooses not to name the variety, the name of the variety shall be the first name under which the seed is introduced into such commerce; and

3. (3)

   1. (A) (3)(A) The variety name shall not be misleading.

   2. (B) (B) The same variety name shall not be assigned to more than one variety of the same kind of seed; and

      1. (ii)

(b) (b) When agricultural seed is labeled with a brand, trademark, or term taken from a brand or trademark, the seed label must clearly identify the term with the word “brand” and as being other than part of the variety name. Example: When both a brand and a variety name are stated, the terms must be shown by stating the brand name, followed by the term “brand”.

1. (c) (c) For crops that can be sold as “variety not stated”, the seed must be labeled in the following order:
2. (1) (1) The brand name;
3. (2) (2) The word “brand”;
4. (3) (3) The kind name; and
5. (4) (4) The words “variety not stated”.

(e) Records and test data.

1. (1) Each person whose name appears on the label of seed sold or offered for sale in Arkansas for planting purposes shall have a complete analysis test made by a registered seed technologist or an official state seed analyst.

2. (2) Such test record shall be:

   1. (A) Kept for a period of two (2) years; and
   2. (B) Accessible for inspection by the state seed law enforcement officer or his or her agent during customary business hours.

(f) Analysis for mixtures.

1. (1) If the seed consists of a mixture of two (2) or more kinds of field seeds, the word "mixture" and the percentage of pure seed must be shown in the analysis for each kind that is present in the amount of over five percent (5%).
2. (2) Also, for each kind present in the amount of over five percent (5%), the percentage of germination of each (exclusive of hard seed) and the percentage of hard seed of each, if present, must be shown in the analysis.

(g) Limitations on amount of weed seeds.

1. (1) Agricultural seeds must not be sold for planting purposes which contain more than two percent (2%) by weight of weed seeds.
2. (2) Exceptions. Limit four percent (4%) for Lespedeza and grasses.

(h) Limitations on amounts of noxious weeds. Agricultural seeds must not be sold for planting purposes which contain more than three hundred (300) of any one (1) noxious weed per pound, or a combined total of five hundred (500) noxious weeds per pound, with the following exceptions:

1. (1) Sale of seeds containing field bindweed, Crotalaria spp., balloon vine, itchgrass, nutgrass, serrated tussock, and tropical soda apple in any amount whatsoever (no tolerance) is prohibited;

2. (2)

   1. (A) Sale of seed such as sorghum, vetch, or small grains requiring at least three hundred grams (300g) or more as shown in Column 3 of the table in 2 CAR § 33-104(c), for a noxious weed examination, that contains more than two (2) wild onion or wild garlic per pound is prohibited.
   2. (B) Sale of seed such as sudangrass, clovers, or lespedezas requiring less than three hundred grams (300g) for a noxious examination, that contain more than eighteen (18) wild onion or wild garlic per pound, is prohibited.
   3. (C) When the original analysis used for tagging shows any wild onion or wild garlic present, a warning tag must be attached in addition to the analysis tag, said warning tag to be obtained from the board at cost, bearing the following statement: "This seed contains wild onion or wild garlic in the amount shown on the analysis tag. You are warned not to plant this seed where the land will be used to pasture dairy cattle, or where the land may hereafter be used to produce planting seed of any kind.";

3. (3)

   1. (A) Sale of seed containing more than one hundred (100) Johnsongrass seed per pound is prohibited.
   2. (B) When the original analysis used for tagging shows any Johnsongrass present, a warning tag must be attached in addition to the analysis tag, said warning tag to be obtained from the board at cost, bearing the following statement: "This seed contains Johnsongrass in the amount shown on the analysis tag. You are warned not to plant this seed where you do not already have Johnsongrass, and it should not be used on land that hereafter may be used to produce planting seed, or on land which may hereafter be planted to row crops.";
4. (4) Sale of rice seed for planting purposes containing more than fifteen (15) each of red rice, curly indigo, and tall indigo or coffee bean per pound is prohibited;
5. (5) Bromus commutatus when present in smooth bromegrass shall not be considered as a noxious weed but as a common weed;
6. (6) Sale of seed containing more than three (3) cocklebur per pound is prohibited; and

7. (7) Barnyardgrass, Echinochloa crus-galli, when present in Lespedeza, shall not be considered as a noxious weed, but as a common weed.

   1. (i) Treated seed must be labeled.
8. (1) If seed has been chemically treated, each bag or container must be labeled bearing a true statement as follows (required information shall be in type no smaller than eight-point and may be on the tag bearing the analysis information or on a separate tag, or it may be printed in a conspicuous manner on a side or top of the container): The seed in this bag has been chemically treated. The chemical or chemicals are used in accordance with the manufacturer's recommendations.

9. (2)

   1. (A) Label is to show name of substance or substances used.
   2. (B) The name of the substance will be the commonly accepted coined, chemical (generic), or abbreviated chemical name.

10. (3)

    1. (A) The appropriate toxicity category signal word shall be a part of the label.
    2. (B) The signal word shall correspond to toxicity categories as set forth in Title 40 of the Code of Federal Regulations. TOXICITY CATEGORIES

       Hazard Indicators	I	II	III	IV
       Oral LD50	Up to and including 50 mg/kg	From 50 thru500 mg/kg	From 500thru 5,000 mg/kg	Greater than 5,000 mg/kg
       Inhalation LC50	Up to and including.2 mg/liter	From .2 thru2 mg/liter	From 2 thru20 mg/liter	Greater than 20 mg/liter
       Dermal LD50	Up to and including 200 mg/kg	From 200thru 2,000 mg/kg	From 2,000thru 20,000 mg/kg	Greater than 20,000 mg/kg
       Eye Effects	Corrosive: Corneal opacity not reversible with 7 days	Corneal opacity reversible within 7 days; irritation persisting for 7days	No corneal opacity; irritation reversible within 7 days	No irritation
       Skin Effects	Corrosive	Severe irritation at 72 hours	Moderate irritationat 72 hours	Mild or slight irritation at 72 hours

       Signal Words DANGER: Category I – Include Poison and Skull & Crossbones ("Poison" in red letters. Skull & Crossbones at least twice the size of the type used for information required on the label), except in the case of pesticides requiring the signal word, DANGER, because of skin and eye local effects. WARNING: Category II CAUTION: Category III and IV

11. (4)

    1. (A) Appropriate precautionary statement worded substantially as follows:

       1. (i) "Do not use for food";
       2. (ii) "Do not use for feed";
       3. (iii) "Do not use for oil purposes"; or
       4. (iv) "Do not use for food, feed, or oil purposes".
    2. (B) Cottonseed which has been treated with Disulfoton (Di-Syston), Monocrotophos (Azodrin) or Phorate (Thimet) shall bear as part of the seed treatment label a warning statement taken from the Di-syston, Azodrin, or Thimet label indicating a possible reduction in germination or stand as a result of such treatment.

12. (5)

    1. (A) It shall be illegal to sell, give away, or use treated seed for any purpose other than planting.
    2. (B) Treated seed for other than planting purposes shall be disposed of as specified by the appropriate state agency.

(j) Treating plants must be licensed.

1. (1) All seed treating plants that treat seed in Arkansas must have a license from the board.
2. (2) All licenses expire June 30 of each year and must be renewed.
3. (3) The annual license fee shall be two hundred fifty dollars ($250).
4. (4) All seed treated by such plants must be labeled as it is processed in accordance with subdivision (i) of this section.
5. (5) Farmers may treat their own planting seed with their own equipment without a license.

(k) Seed lots must be uniform. When one (1) shipment of a lot is found to be mislabeled, other shipments from this same lot may be held under stop-sale until tags are corrected to conform with board findings, either based on results of the shipment originally found mislabeled or from tests made on samples taken from each shipment.

1. (l) Special permit labels required for noncertified cotton and sweet sorghums when sold under a variety name.

2. (1)

   1. (A) When noncertified cotton or noncertified sweet sorghum seed commonly used for syrup purposes is sold, or offered for sale, for planting purposes under a variety name, each bag or container must carry a special permit label.
   2. (B) These special permit labels will be issued after the applicant has given the requested information on an application form, furnished by the board, covering the lots to be sold under this provision, and if the information is satisfactory and is approved, special permit labels will be issued to cover each individual lot.

3. (2) Exception.

   1. (A) Those companies that have a licensed plant breeder, as stipulated in 2 CAR pt. 34, approved and registered with the board for cotton and/or sweet sorghum, and who maintains a breeding program, are exempt from the requirements of obtaining and using the special permit labels on those varieties developed and distributed or sold by them in or into Arkansas.

   2. (B) In this case, the seed would either carry a regular Arkansas permit label or be accounted for under the reporting system.

      1. (m) Certified rapeseed must be treated. All certified rapeseed being grown and/or sold in Arkansas must be treated with benomyl, or iprodione when approved, (or other registered and approved chemicals recognized to be equal to or greater than benomyl or iprodione in effective control of virulent blackleg, Leptosphaeria maculans).

(n) Relabeling test date. The following information shall appear on a label for relabeling seeds in their original containers:

1. (1) The calendar month and year the test was completed to determine such percentage;
2. (2) The same lot designation as on the original labels; and
3. (3) The identity of the labeling person if different from original labeler.