1. (1) Agricultural or vegetable seeds packaged in hermetically sealed containers may be sold, exposed for sale, or offered for sale or transportation for 36 months after the last day of the month the seeds were tested for germination before packaging.
2. (2) If seeds in hermetically sealed containers are sold, exposed for sale, or offered for sale or transportation more than 36 months after the last day of the month in which they were tested for germination before packaging, they shall be retested within nine months, exclusive of the calendar month in which the retest was completed, immediately before the sale, exposure for sale, or offering for sale or transportation.

3. (3) The 36-month provision on the date of the test in Section 4-16-5 will apply to hermetically sealed agricultural and vegetable seed when the following conditions have been met:

   1. (a) the seed was packaged within nine months after harvest;
   2. (b) the container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of the surface at 100 degrees F. with a relative humidity on one side of 90% and on the other side 0%, assuming vapor penetration (WVP) is measured by the standards adopted by the U. S. Bureau of Standards as: WVP=gm H2O/24 hr./100 sq. in./100 degrees F./90% RHV, 0%RH; and

   3. (c) the seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed in Table 8 or Table 9;

      TABLE 8AGRICULTURAL SEEDSPERCENTBeet, field7.5%Beet, sugar7.5%Bluegrass, Kentucky 6%Clover, crimson8%Fescue, red8%Ryegrass, annual 8%Ryegrass, perennial8%any other agricultural seed6%mixtures of above8%

      TABLE 9VEGETABLE SEEDPERCENT

      Bean, garden7%Bean, lima 7%Beet7.5%Broccoli5%Brussels sprout5%Cabbage5%Carrots7%Cauliflower5%Celeriac7%Celery7%Chard, Swiss7.5%Cabbage, Swiss5%Chives6.5%Collards5%Corn, sweet8%Cucumber6%Eggplant6%Kale5%Kohlrabi5%Leek6.5%Lettuce5.5%Muskmelon6%Mustard, India 5%Onion6.5%Onion, Welsh6.5%Parsley6%Parsnip6%Pea7%Pepper4.5%

      Pumpkin6%Radish5%Rutabaga5%Spinach8%Squash6%Tomato5.5%Turnip5%Watermelon6.5%all other vegetable seeds6%

   4. (d) the container is conspicuously labeled in not less than eight point type to indicate:

      1. (i) that the container is hermetically sealed;
      2. (ii) that the seed has been preconditioned as to moisture content; and
      3. (iii) the calendar month and year in which the germination test was completed; and
   5. (e) the vegetable seed germination percentage at the time of packaging was equal to or above the standards specified in Section R68-8-10.

KEY: inspections

Date of Last Change: August 22, 2023

Notice of Continuation: September 5, 2025

Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103