PURPOSE: This rule designates what plants’ seed are agricultural (crop) seeds for labeling purposes and also designates restricted weeds’ seed. Both agricultural (crop) seed and restricted weeds’ seed content must be declared on the label to comply with the statute, but the seed of plants making up these lists are not specified by statute.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Agricultural Seeds. Agricultural crop seeds will be those listed as agricultural seeds in the Federal Seed Act, 7 CFR Section 201.2(L), January (1976).

2. (2) Restricted Weeds’ Seed.

   1. (A) Prohibited Weeds’ Seed. The seeds of plants: balloon vine (Cardiospermum halicacubum), Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), Johnson grass (Sorghum halepense), musk thistle (Carduus nutans), serrated tussock (Nassella trichotoma) and sorghum almum (Sorghum almum).
   2. (B) Noxious Weeds’ Seed. The seed of plants: commonly known as docks of the (Rumex species) red sorrel, curly dock, etc., dodders (Cuscuta species), buckhorn (Plantago lanceolata), eastern black nightshade (Solanum ptycanthum), giant foxtail (Setarai faberi), hedge bindweed (Convolvulus sepium), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), purple moon flower (Calonyction muricatum), quackgrass (Agropyron repens), Russian thistle (Salsola pestifer), slender oats (Avena barbata), wild garlic (Allium vineale), wild oats (Avena fatua), wild onion (Allium canadense) and yellow star thistle (Centaurea solstitialis) are designated as noxious and are subject to listing on seed labels according to the requirements of the Missouri Seed Law, section 266.021, RSMo (1986).
3. (3) Hermetically-Sealed Container. A hermetically-sealed container does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per twenty-four (24) hours per one hundred (100) square inches of surface at one hundred degrees Fahrenheit (100° F) with a relative humidity (RH) on one (1) side of ninety percent (90%) and on the other side of zero percent (0%). Water vapor penetration
4. (WVP) is measured by the standards of the United States Bureau of Standards as—gm water/24 hr./100 sq. in./100 F/90% RH v. 0% RH.
5. (4) Percentage of Germination. The label claim for percent of germination shall be the result of a test of any lot of seed which has been sampled according to and analyzed by the Rules for Testing Seed, (Vol. 6, No. 2, 1981, Rev. 1984), Association of Official Seed Analysts.

AUTHORITY: section 266.091, RSMo 1986.* Original rule filed June 6, 1952, effective June 16, 1952. Amended: Filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed June 14, 1977, effective Sept. 11, 1977. Rescinded and readopted: Filed Sept. 28, 1979, effective March 13, 1980. Amended: Filed Jan. 17, 1986, effective May 1, 1986. Emergency amendment filed Feb. 1, 1989, effective Feb. 11, 1989, expired June 11, 1989. Amended: Filed March 1, 1989, effective June 12, 1989. Amended: Filed Sept. 16, 1991, effective Jan. 13, 1992. *Original authority: 266.091, RSMo 1951, amended 1957, 1978, 1979, 1993, 1995.