The flower seed label information required under s. ATCP 20.04 (4) (a) shall include all of the following as applicable:

1. (1) Plants grown for blooms. Flower seed used to grow plants primarily for their blooms shall be labeled as follows:

   1. (a) If the seed is for a single variety of plant, the label shall declare both the plant kind and the variety.

      Note: A declaration under par. (a) might say, for example, “Marigold, Butterball.”

   2. (b) If the seed is for plants of a single type and bloom color, the label shall declare the kind, type and bloom color.

      Note: A declaration under par. (b) might say, for example, “Scabiosa, Tall, Large Flowered, Double, Pink.”

   3. (c) If the seed is for assorted colors or types of a single kind of plant, the label shall declare the kind, colors and types, and shall disclose that the seed is mixed or assorted.

      Note: A declaration under par. (c) might say, for example, “Marigold, Dwarf Double French, Mixed Colors.”

   4. (d) If the seed is for a mixture or assortment of kinds or varieties, the label shall indicate that the seed is a mixture or assortment, and shall identify a specific intended use of the mixture or assortment.

      Note: A declaration under par. (d) might say, for example, “Cut Flower Mixture,” or “Rock Garden Assortment.” Statements such as “General Purpose Assortment” or “Wonder Mixture” that fail to indicate a specific intended use do not comply with par. (d).

   5. (e) The composition of a seed mixture or assortment under par. (d) shall be declared as follows, if the seed mixture or assortment is packaged in a container that has net contents of more than 3 grams:

      1. 1. The label shall list the name and pure seed percentage of each component kind and each component variety of seed that has a pure seed percentage of more than 5 percent. Kinds and corresponding pure seed percentages shall be listed in order of predominance by pure seed percentage. Varieties and corresponding pure seed percentages shall be listed in order of predominance under the kind to which they pertain.
      2. 2. The label shall identify component kinds and varieties that have pure seed percentages of 5 percent or less, but need not declare their individual pure seed percentages or list them in order of predominance. The label shall declare the sum of the pure seed percentages of these component kinds and varieties except that, if no component kind or variety in the container has a pure seed percentage of more than 5 percent, the label may include the statement “No component in excess of 5%” in lieu of the sum of the pure seed percentages.
   6. (f) If a seed mixture or assortment under par. (d) is packaged in a container with net contents of 3 grams or less, the label shall identify all of the component kinds and varieties but need not identify their pure seed percentages or list them in order of predominance.

2. (2) Plants grown for ornamental features other than blooms.

   1. (a) Except as provided in par. (b), flower seed used to grow plants primarily for ornamental features other than blooms shall be labeled with the name and pure seed percentage of each kind and each variety of flower seed that comprises more than 5 percent by weight of the seed container contents.

   2. (b) If a container includes assorted varieties of a kind, the container need not declare the individual varieties if it does all of the following:

      1. 1. Identifies the kind.
      2. 2. Identifies the declared kind as being a mixture, blend or assortment.

      3. 3. Describes the common ornamental feature of the varieties comprising the mixture, blend or assortment.

         Note: For example, a label under par. (b) might describe a mixture of ornamental gourd seeds (seed kind) as “Ornamental Gourds, Small Fruited, Mixed.”

History

History: EmR1049: emerg. cr., eff. 1-1-11; CR 10-107: cr. Register June 2011 No. 666, eff. 7-1-11.