2006 Ohio Revised Code - 907.03. Label requirements; germination.

§ 907.03. Label requirements; germination.
 

(A)  Each container of agricultural, vegetable, or flower seed that is sold for sowing purposes shall bear on it or have attached to it in a conspicuous place a label plainly written or printed in the English language giving the following information: 

(1) For agricultural seed that is sold on a pure live seed basis or any other basis: 

(a) The commonly accepted name of the kind, or kind and variety, of each agricultural seed component in excess of five per cent by weight of the whole and the percentage by weight of each in the order of its predominance. If the director of agriculture has determined in rules adopted under section 907.10 of the Revised Code that any component of agricultural seed is generally labeled as to variety, the label shall bear, in addition to the name of the kind, the name of the variety, or the statement "variety not stated." If any such component is a hybrid, the label shall also bear the name of the hybrid. If more than one seed kind is listed on the label, the word "mixture, " "mixed, " or "mix" shall appear conspicuously on the label. If more than one variety is listed on the label of seed consisting of a single kind, the word "blend" shall appear on the label. 

(b) The lot number; 

(c) The origin, if known, of alfalfa and red clover. If the origin is unknown, that fact shall be stated. 

(d) The percentage by weight of all weed seed; 

(e) The name and number of each kind of restricted noxious-weed seed per ounce, when present singly or in combination: 

(i) In excess of one seed in each ten grams of timothy, red top, tall meadow oatgrass, orchardgrass, crested dog's-tail, Kentucky bluegrass, Canada bluegrass, fescue, bromegrass, perennial and Italian ryegrass, crimson clover, red clover, white clover, alsike clover, sweet clover, alfalfa, or any other agricultural seed of similar size, other grasses and clovers not otherwise classified, or any combination thereof; 

(ii) In excess of one seed in each fifty grams of millet, rape, flax, sudangrass, or other seed not specified in division (A)(1)(e)(i) or division (A)(1)(f) of this section, or any combination thereof. 

(f) The name and number of each kind of restricted noxious-weed seed per pound when present, singly or in combination, in excess of one seed in each two hundred grams of wheat, oats, rye, barley, buckwheat, vetches, or any other seed as large as or larger than wheat, or any combination thereof; 

(g) The percentage by weight of agricultural seed, which may be designated as "crop seed," other than that required to be named on the label; 

(h) The percentage by weight of inert matter; 

(i) For each named agricultural seed: the percentage of germination, exclusive of hard seed; the percentage of hard seed, if present; and the calendar month and year the test was completed to determine these percentages; 

(j) The name and address of the person who labels the seed. 

(2) For coated agricultural seed, in addition to the information required under division (A)(1) of this section: 

(a) The percentage by weight of pure seed with coating material removed; 

(b) The percentage by weight of coating material; 

(c) The percentage by weight of inert matter exclusive of coating material; 

(d) The percentage of germination determined on four hundred coated pellets. 

(3) For vegetable seed that is sold in containers weighing eight ounces or less: 

(a) The name of the kind and variety of the seed; 

(b) For seed that germinates less than the germination standard established by the director under division (B)(3) of section 907.10 of the Revised Code: 

(i) The percentage of germination, exclusive of hard seed; the percentage of hard seed, if present; and the calendar month and year the test was completed to determine these percentages; 

(ii) "Below standard" in not less than 8-point type in a conspicuous place on the same side of the label as that which states the percentage of germination or on the face of the container. 

The percentage of germination of seed determined to be equal to or above the standard may be, but is not required to be, stated on the label or container. 

(c) The name and address of the person who labels the seed; 

(d) The year in which the packed seed is intended for sale or, if the seed is packed in hermetically sealed containers, the years in which the packed seed is intended for sale; 

(e) The lot number. 

(4) For vegetable seed that is sold in containers weighing more than eight ounces: 

(a) The name of each kind and variety of vegetable seed present in excess of five per cent and the percentage by weight of each in order of its predominance; 

(b) The lot number; 

(c) The following information for each vegetable seed named on the label: 

(i) The percentage of germination exclusive of hard seed; 

(ii) The percentage of hard seed, if present. 

Germination and hard seed may be stated as a total percentage if desired. 

(iii) The calendar month and year that the test used to determine each percentage was completed. 

(d) The name and address of the person who labels the seed. 

(5) For flower seed that is sold in containers weighing eight ounces or less: 

(a) The common name of the kind and variety of flower seed or, if commonly used, the scientific name of the kind and variety of flower seed; 

(b) The following information for flower seed that germinates less than the germination standard established by the director under division (B)(3) of section 907.10 of the Revised Code: 

(i) The percentage of germination, exclusive of hard seed; 

(ii) The percentage of hard seed, if present; 

(iii) The calendar month and year that the test used to determine the percentages was completed; 

(iv) The words "below standard" in not less than eight-point type in a conspicuous place on the same side of the label as that which states the percentage of germination or on the face of the container. 

The percentage of germination of any flower seed determined to be equal to or above the standard may be, but is not required to be, stated on the label or container. 

(c) The name and address of the person who labels the seed; 

(d) The year in which the packed seed is intended for sale or, if the seed is packed in hermetically sealed containers, the years in which the packed seed is intended for sale; 

(e) The lot number. 

(6) For flower seed in containers weighing more than eight ounces: 

(a) The name of each kind and variety of flower seed present in excess of five per cent and the percentage by weight of each in order of its predominance; 

(b) The lot number; 

(c) The following information for each flower seed named on the label: 

(i) The percentage of germination exclusive of hard seed; 

(ii) The percentage of hard seed, if present. 

Germination and hard seed may be stated as a total percentage if desired. 

(iii) The calendar month and year that the test used to determine each percentage was completed. 

(d) The name and address of the person who labels the seed. 

(7) For combination seed-mulch products: 

(a) The word "combination," which shall be printed on the upper third of the principal display panel in the largest and most conspicuous type in relation to other words and designs on the label; 

(b) Following the word "combination" on the upper third of the principal display panel, the words "seed, mulch, and fertilizer," as applicable and not necessarily in that order, printed in type smaller than, but no less than one-half the size of, the type used to print the word "combination"; 

(c) In addition to the information required under division (A)(1) of this section, the product's analysis label shall contain all of the following: 

(i) The seed origin, if known, for each kind or variety, or both; 

(ii) The percentages by weight of mulch and, if applicable, of fertilizer; 

(iii) Any noxious weeds. If no noxious weeds are present, "noxious weeds - none found" shall be stated. 

(B)  When dormant seed is encountered with respect to any of the following named grasses, the result of a tetrazolium test also may be shown on the label of the grass seed to indicate the potential germination and viability of the seed: 

(1) Bluestem, big (Andropogon gerardii); 

(2) Bluestem, little (Schizachyrium scoparium); 

(3) Dropseed, sand (Sporobolus cryptandrus); 

(4) Grama, sideoats (Bouteloua curtipendula); 

(5) Indiangrass (Sorghastrum nutans); 

(6) Needlegrass (Stipa viridula); 

(7) Switchgrass (Panicum virgatum). 

(C)  Bulk agricultural, vegetable, or flower seed that is offered for sale or sold shall comply with the labeling requirements established in division (A) of this section, except that the label shall be provided in the following manner rather than being attached to a container: 

(1) The label shall be posted next to the bulk seed so that it is easily read by the purchaser. 

(2) In the case of bulk seed purchased in excess of twenty pounds, the seller shall provide a copy of the label to the consumer in conjunction with the bill of sale. 

(D)  No information concerning a test date, pure seed, inert matter, crop seed, weed seed, germination, hard seed, or noxious weed seed shall be included on a label for agricultural, vegetable, or flower seed unless a test has been conducted on that lot of seed prior to its being sold to determine the accuracy of the information. 
 

HISTORY: GC § 5805-3; 123 v 305, § 3; Bureau of Code Revision, 10-1-53; 131 v 340 (Eff 10-8-65); 132 v H 1 (Eff 2-21-67); 133 v S 342 (Eff 1-1-70); 135 v H 554 (Eff 10-2-74); 144 v S 202. Eff 6-11-92; 150 v H 143, § 1, eff. 10-29-03; 151 v S 189, § 1, eff. 6-15-06.
 

Not analogous to former GC § 5805-3 (108 v PtI 52, § 2; 113 v 770; 117 v 659, § 3. 

Analogous to former GC § 5805-2.

 

Effect of Amendments

151 v S 189, effective June 15, 2006, added "or, if the seed is packed in hermetically sealed containers, the years in which the packed seed is intended for sale" to the end of (A)(3)(d) and (5)(d). 

H.B. 143, Acts 2003, effective October 29, 2003, rewrote the section.