2016 Delaware Code
Title 3 - Agriculture
CHAPTER 15. SEEDS
§ 1502. Label requirements — Agricultural, vegetable and flower seeds.

Each container of agricultural, vegetable and flower seeds which is sold, offered for sale or exposed for sale, or transported within this State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container:

(1) For all agricultural, vegetable and flower seeds treated as defined in this chapter (for which a separate label may be used):

a. A word or statement indicating that the seed has been treated;

b. The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;

c. If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "Do not use for food, feed or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement or symbol;

d. If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

(2) For agricultural seeds, except for grass seed mixtures as provided in subdivision (3) of this section:

a. The name of the kind, or kind and variety for each agricultural seed component present in excess of 5% of the whole and the percentage by weight of each in the order of its predominance; provided, that if the variety of those kinds generally labeled as to variety as designated in the regulations is not stated, the label shall show the name of the kind and the words, "Variety Not Stated." Hybrids shall be labeled as hybrids. Where more than 1 component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label;

b. Lot number or other lot identification;

c. Origin (state or foreign country), if known, of alfalfa, red clover and field corn (except hybrid corn). If the origin is unknown, the fact shall be stated;

d. Percentage by weight of all weed seeds;

e. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in any amount whatsoever; provided, however, that the amount does not exceed 160 per pound in Group 1 and 10 per pound in Group 2. Except in lawn or turf seed, Poa Annua shall not exceed 256 per pound.

Group 1: Agropyron spp., Agrostis spp., alfalfa, Bermuda grass, Brassica spp., orchard grass, alsike and white clover, crimson clover, Dallis grass, fescues, flax, foxtail millet, lespedezas, poa spp., red clover, reed canary grass, Rhodes grass, rye-grass, sweet clover, smooth brome, timothy, and other agricultural seeds of similar size and weight, or mixtures within this group.

Group 2: Barley, buckwheat, oats, proso, rye, sorghums, Sudan grass, vetches, wheat and other agricultural seeds of a size and weight similar to or greater than those within this group, or any mixtures within this group.

f. Percentage by weight of agricultural seed (which may be designated as "crop seeds") other than those required to be named on the label;

g. Percentage by weight of inert matter;

h. For each named agricultural seed:

1. Percentage of germination, exclusive of hard seed;

2. Percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages.

Following subparagraphs 1. and 2. of this paragraph the "total germination and hard seed" may be stated as such, if desired.

i. Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this State;

(3) For seed mixtures for lawn and/or turf purposes in containers of 50 pounds or less.

a. The word "mixed" or "mixture."

b. List as follows:

1. Common accepted name, in order of its predominance, of the kind, or kind and variety of each agricultural seed present in excess of 5% of the whole;

2. Percentage by weight of pure seed of each agricultural seed named;

3. For each agricultural seed named under clause 1. of this sub-subdivision:

A. Percentage of germination, exclusive of hard seed;

B. Percentage of hard seed, if present;

C. Calendar month and year the test was completed to determine the percentages.

c. The heading "other ingredients" and thereunder in type no larger than the heading;

1. Percentage by weight of all weed seeds;

2. Percentage by weight of all agricultural seeds other than those stated under subparagraph 1. of this paragraph;

3. Percentage by weight of inert matter;

d. Lot number or other lot identification;

e. Name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

f. Name and address of the person who labeled the seed or who sells, offers or exposes the seed for sale within this State;

g. Net weight.

(4) For vegetable seeds in containers of 1 pound or less:

a. Name of kind and variety of seed;

b. For seeds which germinate less than the standard last established by the Department under this chapter:

1. Percentage of germination, exclusive of hard seed;

2. Percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages;

4. The words "below standard" in not less than 8-point type; and

c. Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State;

(5) For vegetable seeds in containers of more than 1 pound:

a. The name of each kind and variety present in excess of 5% and the percentages by weight of each in order of its predominance;

b. Lot number or other lot identification;

c. For each named vegetable seed:

1. The percentage germination, exclusive of hard seed;

2. The percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages.

Following subparagraphs 1. and 2. of this paragraph the "total germination and hard seed" may be stated as such if desired.

d. Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this State;

e. The labeling requirements for vegetable seeds in containers of more than 1 pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser;

(6) For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes or other planting devices:

a. For all kinds of flower seeds:

1. The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules and regulations promulgated under this chapter;

2. The calendar month and year the seed was tested or the year for which the seed was packaged; and

3. The name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State.

b. For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established under this chapter:

1. The percentage of germination, exclusive of hard seed, and

2. The words "below standard" in not less than 8-point type.

c. For seeds placed in a germination medium, mat, tape, diluent or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, diluent or device, a statement to indicate the minimum number of viable seeds in the container;

(7) For flower seeds in containers other than packets prepared for use in home flower gardens or household planting and other than preplanted containers, mats, tapes, or other planting devices:

a. The name of the kind and variety or a statement of type and performance characteristics as prescribed in rules and regulations promulgated under this chapter;

b. The lot number or other lot identification;

c. The calendar month and year that the seed was tested or the year for which the seed was packaged;

d. The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State; and

e. For those kinds of seeds for which standard testing procedures are prescribed:

1. The percentage germinated, exclusive of hard seed; and

2. The percentage of hard seed, if present.

36 Del. Laws, c. 91, § 2; Code 1935, § 656; 44 Del. Laws, c. 66, §§ 1, 3; 3 Del. C. 1953, § 1502; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; 65 Del. Laws, c. 104, § 2.;