2023 Delaware Code
Title 3 - Agriculture
Chapter 15. SEEDS
§ 1502A. Label requirements; agricultural seeds.
(a) In addition to the information required under § 1502 of this title, each container of agricultural seeds, except for grass seed mixtures under subsection (b) of this section, must contain all of the following information:
(1) 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, as follows:
a. If the variety of the kind is not generally labeled as to variety, the label must state the name of the kind and the words, “Variety Not Stated.”
b. Hybrids must be labeled as hybrids.
c. Where more than 1 component is required to be named, the word “mixture” or the word “mixed” must be shown conspicuously on the label.
d. Lot number or other lot identification.
(2) Origin, if known, of alfalfa, red clover, and field corn, except hybrid corn. If the origin is unknown, that fact must be stated.
(3) Percentage by weight of all weed seeds.
(4) a. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in any amount.
b. The amount of noxious weed seed must not exceed any of the following:
1. For noxious weed seeds in Group 1 under paragraph (a)(4)c. of this section, 160 per pound.
2. For noxious weed seeds in Group 2 under paragraph (a)(4)d. of this section, 10 per pound.
3. Notwithstanding paragraphs (a)(4)b.1 and (a)(4)b.2. of this section, in lawn or turf seed, Poa Annua must not exceed 256 per pound.
c. Group 1 includes all of the following:
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, ryegrass, sweet clover, smooth brome, timothy, and other agricultural seeds of similar size and weight, or mixtures within this group.d. Group 2 includes all of the following:
Barley, buckwheat, oats, proso, rye, sorghums, sudangrass, 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.(5) Percentage by weight of agricultural seed, including seed designated as “crop seeds” other than those required to be named on the label.
(6) Percentage by weight of inert matter.
(7) For each named agricultural seed, all of the following:
a. Percentage of germination, exclusive of hard seed.
b. Percentage of hard seed, if present.
c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (a)(7)a. through (a)(7)b. of this section.
(8) Name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State.
(9) The statement “Sell by”, followed by a date that must be no more than 9 months from the date of the germination test, exclusive of the month of test.
(b) In addition to the requirements under § 1502 of this title, each container of seed mixtures for lawn or turf purposes in containers of 50 pounds or less must contain all of the following information:
(1) The word “mixed” or “mixture.”
(2) All of the following for each kind or kind and variety of agricultural seed present in excess of 5% of the whole, in order of the seed's predominance:
a. Common accepted name.
b. Percentage by weight of pure agricultural seed.
c. Percentage of germination, exclusive of hard seed.
d. Percentage of hard seed, if present.
e. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(2)c. through (b)(2)d. of this section.
(3) The heading “other ingredients” and all of the following, in type no larger than the heading:
a. Percentage by weight of all weed seeds present, not to exceed 1%, by weight, of the whole.
b. Percentage by weight of all agricultural seeds not identified under paragraph (b)(2) of this section.
c. Percentage by weight of inert matter.
(4) Lot number or other lot identification.
(5) Name and rate of occurrence per pound of each kind of restricted noxious weed seed present.
(6) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.
(7) Net weight.
(8) The statement “Sell by” followed by a date from the date of the germination test, exclusive of the month of the test, as follows:
a. For cool season grasses, no more than 15 months.
b. For warm season grasses, no more than 9 months.
