Agriculture, Dept. of

General Agency, Board or Commission Rules

Chapter 51: Regulations Pertaining to Seed Law

Effective Date: 06/19/2024 to Current

Rule Type: Current Rules & Regulations

Reference Number: 010.0005.51.06192024

Chapter 51

Regulations Pertaining to Seed Law

Section 1. Authority. Pursuant to Wyoming Statute § 11-12-113, the Board of Agriculture promulgates these regulations.

Section 2. Definitions. The following definitions, along with the definitions in W.S. § 11-12-101, apply in these rules:

1. (a) “Board” means the Wyoming Board of Agriculture.
2. (b) “Department” means the Wyoming Department of Agriculture.
3. (c) “Large seeded crops” means crops with seeds the size of winter wheat or larger.
4. (d) “Person” includes an individual, partnership, corporation, joint stock company or any other association or entity, public or private.
5. (e) “Reclamation species” means native or introduced species used for range or fire re-vegetation, but not intended to include agronomic crops.
6. (f) “Seed cleaning establishments” means any entity that processes seed for establishing a crop.
7. (g) “Small seeded crops” means crops with seeds smaller than winter wheat.
8. (h) “Tetrazolium test” or “TZ test” means a chemical test that indicates seed viability.
9. (i) “Weight” shall be understood and construed to mean the net weight.

Section 3. Amendments to the Prohibited, Restricted, and Regulated Weed Lists.

1. (a) The procedures for amending the prohibited, restricted, and regulated weed lists are as follows:
2. (i) A person may propose an amendment to the lists by submitting the amendment in writing to the State Seed Analyst.
3. (ii) The State Seed Analyst shall present the proposed amendment to the Seed Lab Advisory Group. The Seed Lab Advisory Group shall approve or disapprove the proposed amendment by motion at its next meeting, and if approved, shall forward the proposed amendment to the Board.
4. (iii) The Board shall consider the proposed amendment at its next scheduled meeting, and if approved, recommend that the Department amend the pertinent list.

(iv) The following factors may be considered in the decision to include a weed on the prohibited, restricted, or regulated weed lists:

1. (A) Invasiveness;
2. (B) Economic harm to ranching, farming, or the general public;
3. (C) Impact on native species, including plants and wildlife;
4. (D) Toxicity to grazers; or
5. (E) Other relevant factors.

Section 4. Intrastate Sell-by Date After Testing.

(a) The intrastate sell-by date after germination or TZ testing shall not exceed the following:

(i) Agricultural seed and reclamation species seed: 12 months excluding the month of the test;

(ii) Flower and vegetable seed (greater than one pound containers): 12 months excluding the month of the test;

(iii) Cool season lawn and turf grasses seed: 15 months excluding the month of the test; and

(iv) Seed in hermetically sealed containers: 24 months excluding the month of the test.

(b) Flower and vegetable seed (less than one pound containers) must indicate a “sell-by” or “packed-for” date or year, respectively.

Section 5. Tetrazolium Testing.

(a) The reclamation species below may be labeled with information from either a germination or a tetrazolium test.

Balsamroot	Balsamorhiza spp.
Bitterbrush	Purshia spp.
Cliffrose	Purshia spp.
Kochia, forage	Bassia prostrata
Lupine	Lupinus spp.
Mormon-tea	Ephedra spp.
Mountain-Mahogany	Cercocarpus spp.

Needlegrass	Achnatherum spp.
Needlegrass	Nassella spp.
Penstemon	Penstemon spp.
Rabbitbrush	Chrysothamnus spp.
Ricegrass, Indian	Achnatherum spp.
Sagebrush	Artemisia spp.
Saltbush	Atriplex spp.
Winterfat	Krascheninnikovia spp.

(b) Any species not listed in the germination table of the rules for testing as cited in W.S. § 11-12-101 may be labeled using a germination or a tetrazolium test.

Section 6. Tags and Labels.

(a) The following weight or seed count tag or label requirements apply:

(i) Net weight is required and shall be clearly and plainly labeled on all bags, containers, tags, or labels.

(ii) A pre-planted container, mat, tape, or other planting device shall state the minimum number of seeds in the container, mat, tape, or other planting device.

Section 7. Altering of Tags or Labels. A person shall not alter or deface a tag or label attached or imprinted upon the exterior of a container or displayed on a container as required by W.S. § 11-12-105. Any tag or label that is altered or defaced is void, and the person shall remove the seed from sale.

Section 8. Blank Spaces Prohibited. Blank spaces are prohibited, and any factor listed on the seed bag, container, tag, or label found to not be present shall be listed as “0.00.”

Section 9. Seed Laboratory Name Not Used in Advertising. The name of the State Seed Laboratory shall not be used for advertising purposes in connection with seed analysis reports.

Section 10. Seed Cleaning Establishments.

(a) To be approved as a seed cleaner, seed cleaning establishments must meet the requirements below.

(i) All establishments must allow the Wyoming Seed Certification Service to inspect the establishment during normal business hours.

(ii) An establishment must have a designated person in charge of seed handling, who must be trained and have experience in handling, sampling, and labeling seed.

(iii) An establishment shall thoroughly clean all seed handling equipment between the cleaning of each seed lot to prevent contamination or varietal mixture.

(iv) An establishment must keep complete and accurate records for seven years showing identity, origin, every process, and every movement of each lot of seed from the time of receipt until delivery.

(v) An establishment shall comply with Federal and state seed laws in the cleaning, labeling, sampling, shipment, and sale of seed.

(vi) An establishment shall properly contain weed seed to prevent spread and proliferation of weeds.

(vii) If no approved establishment is located within 150 miles hauling distance of a seed grower, a non-approved establishment may be approved on a one-time basis to clean that lot of seed for that particular grower. The Wyoming Seed Certification Service must conduct a thorough inspection, and the establishment must pay the inspection fee as authorized by W.S. § 11-12-119 before that lot of seed may be cleaned.

(b) The Wyoming Seed Certification Service shall annually review the approval status of all certified conditioners.