PURPOSE: This rule clarifies permitted ways in which to label noxious weed seed content, requires a complete address of the seed labeler, sets forth labeling requirements for vegetable seed below standard in germination, sets vegetable seed germination standards, requires the purity percentages of seed labeling to equal one hundred percent, requires that labeling information on the seed label be put in a set format, forbids advertising matter on a seed label, forbids extraneous information on a seed label, requires some indication of not for sale on unlabeled seed stored in sales outlets and makes the seed owner responsible for the labeling of bulk and opened bags of seed.

1. (1) Labeling Seed as to Noxious Weed Seed Content. Noxious weed seed content must be 2 CSR 70-35

labeled in one (1) of the three (3) following ways:

1. (A) None—meaning no noxious weed seed is present;

2. (B) Not in excess of _______ per pound or per 100 grams. The blank is to be filled by a number given in this subsection for that kind of agricultural seed. Example: Timothy—Not in excess of 80 noxious weed seeds per pound or Not in excess of 18 noxious weed seeds per 100 grams.

   Noxious Weed Seed Content

   Allowed by This Choice of Labeling

Agricultural Seed (per pound) (per 100 grams) Agrostis species Poa species Bermuda grass Timothy Orchard grass Fescues (except meadow and tall) Alside and white clover Reed canary grass Ryegrasses Meadow and tall fescues Millets Alfalfa Red clover Sweet clovers Lespedezas Brome grass Crimson clover Rape Agrogyron species Vetches Sudan grass Wheat Oats Barley Buckwheat Sorghums (except sudan grass) Soybeans Cowpea

1. (C) Name and number of each kind of noxious weed seed present, when in excess of that stated in subsection (1)(B). The name and number of noxious weed seed present per pound or per one hundred grams (100 gm) may also be used if that quantity is less than the number given in subsection (1)(B); and
2. (D) An exception of up to one hundred forty-four (144) seeds per pound or thirtytwo (32) seeds per one hundred grams (100 gm) of giant foxtail may be present in lespedeza and the noxious weed seed labeling allowed by subsection (1)(B) used, without reference to the giant foxtail seed.

1. (2) The seed label shall show the name, complete address and zip code of the seed labeler.

2. (3) Vegetable seed which is below standard according to section (4) shall also be labeled 80 18 80 18 80 18 80 18 80 18 80 18 80 18 80 18 48 11 48 11 48 11 48 11 48 11 48 11 48 11 48 11 48 11 48 11 48 11 16 4 16 4 80 18 80 18 80 18 80 18 80 18 80 18 80 18 in accordance with the requirements of section 266.051, RSMo (1986) as follows:

   1. (A) Below standard in not less than eight (8)-point type; and
   2. (B) Percentage of germination.
3. (4) The germination of vegetable seed in packets of one pound (1 lb.) or less must exceed the following standards or read below standard and state the germination percentage. For vegetable seed not given a standard germination percentage, the germination must be shown on the packet:

Kind of Seed Artichoke Asparagus Beans, garden Beans, lima Beans, runner Beet Broadbean Broccoli Brussel Sprouts Cabbage Carrot Cauliflower Celery and Celeriac Chicory Chinese Cabbage Citron Collards Corn Cowpea Garden Cress Water Cress Cucumber Eggplant Endive Kale Kohlrabi Leek Lettuce Muskmelon Mustard Spinach Mustard Vegetable Mustard Okra

Onion Parsley Parsnip Peas Pepper Pumpkin Radish Rhubarb Rutabaga Salsify Soybean Percent of

Germination 60% 70% 70% 70% 75% 65% 75% 75% 70% 75% 55% 75% 55% 65% 75% 65% 80% 75% 75% 60% 40% 80% 60% 70% 75% 75% 60% 80% 75% 75% 75% 75% 50% (including hard seed) 70% 60% 60% 80% 55% 75% 75% 60% 75% 75% 75% Spinach (except New Zealand) 60% New Zealand Spinach 40% Squash 75% Swiss Chard 65% Tomato 75% Turnip 80% Watermelon 70%

1. (5) The purity percentages of pure seed, inert matter, other crop and weeds’ seed shall total one hundred percent (100%) on the seed tag.

2. (6) The information required on an agricultural seed label should appear in the following format:

   Kind or Kind and Variety of Seed

Pure seed % Germination % Net weight Inert matter % Hard seed % Lot # Other crop % Total germination Origin and hard seed % Weed seed % Month and year of germination test Noxious weed seeds per pound or per one hundred grams *The name and address of person or company held responsible for seed labeling should follow other information or should be printed on opposite side of label.

An alternative to the second column labeling may be provided for crops producing hard seed as follows:

Total germination %

which includes % of hard seed

1. (7) No advertising matter of any kind shall be printed on the label.
2. (8) No printed or written matter of any kind shall be attached to the original label.
3. (9) Seed in Storage. Any agricultural or vegetable seed, whether in bags, bins or other containers exposed to customers in a retail sales outlet, shall be considered offered or exposed for sale for seeding purposes in Missouri and will be subject to the provisions of the Missouri Seed Law, unless the seed is labeled in one (1) of the following ways: “For Feeding Purposes Only” (with no reference being made to germination, variety or other factors indicating that the seed is suitable for seeding purposes) or “For Processing Only— Not For Sale”.

4. (10) Any treatment of seed regulated by this law must be labeled to show the treatment.

   1. (A) The labeling of a treatment for seed must be done either on a separate tag or on the bag.
   2. (B) If a treatment adds more than one percent (1%) to the weight of the seed, that weight must also be included in the inert matter weight of the seed.
   3. (C) If the amount of treatment on the seed is harmful to man or animal, the label shall name the additive and give a precautionary use statement. In addition, a contrasting colored dye showing evidence of treatment must be used.
   4. (D) If the treatment of the seed is an inoculant, a date of expiration must be stated.
5. (11) The owner or possessor shall be responsible for properly labeled bulk or opened bags of agricultural seed.

6. (12) A declaration for the maximum percentage of seed containing the endophyte fungus, Epichole typhina (Acremonium coenophialum), may be made for a seed lot. For example, “endophyte not more than ten percent (10%)” or “live endophyte not more than ten percent (10%)”. When the declaration is for live endophyte, the labeling company must provide to the Missouri Department of Agriculture upon request—

   1. (A) The name of the laboratory performing the grow out and test;
   2. (B) Method of grow out and analytical test used;
   3. (C) The results of the analysis for the lot tested; and
   4. (D) Declarations for the percentage of endophyte should be placed on the label after seed origin.

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. Rescinded and readopted: Filed Sept. 28, 1979, effective March 13, 1980. Amended: Filed Jan. 17, 1986, effective May 16, 1986. *Original authority: 266.091, RSMo 1951, amended 1957, 1978, 1979, 1993, 1995.