Section 266.051

Title XVII AGRICULTURE AND ANIMALS

Chapter 266

Effective - 28 Aug 1979   

  266.051.  Label requirements for agricultural seeds. — 1.  Each container of agricultural seed of more than one pound and vegetable seed in any amount which is sold, offered for sale, transported, or exposed for sale, within this state for seeding 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:

  (1)  For agricultural seeds:

  (a)  Commonly accepted name of (A) kind or (B) kind and variety, of each agricultural seed component in excess of five percent of the whole by weight.  When more than one component is required to be named, the work "mixture" or the word "mixed" shall be shown conspicuously on the label;

  (b)  Lot number or other lot identification;

  (c)  Origin, if unknown, that fact shall be stated;

  (d)  Percentage by weight of pure seed;

  (e)  Percentage by weight of all weed seeds;

  (f)  Percentage by weight of agricultural seeds (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)  Noxious weed seed content must be expressed in numbers per pound if the seed is sold in units of pounds or U.S. dry measure and in numbers per one hundred grams if the seed is sold in units of the metric system.  The name and number of each kind of noxious weed seed must be stated when present singly or collectively in excess of the numbers listed in subparagraphs a, b, c, or d:

  a.  Eighty seeds per pound or eighteen seeds per one hundred grams of Agrostis species, Poa species, Bermuda grass, timothy, orchard grass, fescues (except meadow and tall fescues), alsike and white clover, reed canary grass, and other agricultural seeds of similar size and weight, or mixtures within this group;

  b.  Forty-eight seeds per pound or eleven seeds per one hundred grams of ryegrasses, meadow and tall fescues, millets, alfalfa, red clover, sweet clovers, lespedezas, brome grass, crimson clover, rape, Agropyron species, and other agricultural seeds of similar size and weight, or mixtures within this group, or of this group with subparagraph a, above;

  c.  Sixteen seeds per pound or four seeds per one hundred grams of vetches, sudan grass and other agricultural seeds of similar size and weight, or mixtures not specified in subparagraphs a, b, and d, of this section;

  d.  Eighty seeds per pound or eighteen seeds per one hundred grams of wheat, oats, rye, barley, buckwheat, sorghums (except sudan grass), soybeans, cowpeas, and other agricultural seeds of a size and weight similar to or greater than those within this group;

  (i)  The word "none", if shown on the label or tag under "noxious weeds", shall be construed as meaning that no noxious weed seeds are present.  If noxious weed seeds are not present in excess of the number prescribed in paragraph (h), subparagraphs a, b, c, and d, above, then there shall be shown on the label or tag under "noxious weeds" either the name and number of each kind of noxious weed seeds present per pound or per one hundred grams, as may be the case, or the words "not in excess of ______" and in the blank to be inserted the maximum number permitted under paragraph (h), subparagraphs a, b, c, and d;

  (j)  For each named agricultural seed:

  a.  Percentage of germination, exclusive of hard seeds;

  b.  Percentage of hard seed, if present;

  c.  Total germination and hard seed;

  d.  The calendar month and year the test was completed to determine such percentage;

  (k)  Name and address of the person who labeled said seed, or the name and address of the person who sells, offers or exposes said seed for sale within this state;

  (l)  Warning as to danger if seed has been treated with a compound poisonous to man or farm animal;

  (2)  For vegetable seeds:

  (a)  Name of kind and variety of seed;

  (b)  For vegetable seed packets of one pound or less, the planting season for which the seed was packed;

  (c)  For vegetable seed in containers of more than one pound the percentage of germination, and the month and year in which the germination test was performed;

  (d)  For seed in packets of one pound or less, that germinates less than the standards as established by the Federal Seed Act, or as the director prescribes through regulation:

  a.  Percentage of germination, exclusive of hard seed;

  b.  Percentage of hard seed, if present;

  c.  Total germination and hard seed;

  d.  The words "below standard" in not less than eight point type;

  e.  The calendar month and year the test was completed;

  (e)  Name and address of the person who labeled said seed, or the name and address of the person who sells, offers or exposes said seed for sale within this state.

  2.  Agriculture seeds exposed for sale stored in bulk shall be labeled by attaching to the bin, tank, box, or other container in a conspicuous place, a tag or label stating the information required by the Missouri seed law and the rules and regulations thereunder.  Any portion of seeds consisting of more than one pound sold from bulk directly to the purchaser shall be accompanied by an exact copy of the label attached to the container of the bulk lot of seed.

  3.  Agricultural seed labeled to show less than fifty percent germination must be additionally distinguished by the words "low germination".  No seed containing less than twenty-five percent germination can be sold at retail level.  This demarkation must be printed diagonally across the seed quality guarantees in print size at least three times the print used to express other seed quality claims.

  4.  Labeling agricultural seed as to variety is not required; however, when a variety name is shown on the label, the name must be confined to the recognized variety name.  The representation of variety shall be confined to the recognized name of the variety of seed and such seed shall not have affixed thereto names or terms that create a misleading impression as to the history or quality of the seed.

  5.  When using the designation "hybrid" in labeling if any one kind or kind and variety of seed present in excess of five percent is hybrid seed, it shall be designated "hybrid" on the label.  The percentage that is hybrid shall be at least ninety-five percent of the percentage of pure seed shown unless the percentage of pure seed which is hybrid seed is shown separately.  If two or more kinds of varieties are present in excess of five percent and are named on the label, each that is hybrid shall be designated as hybrid on the label.  Any one kind or kind and variety that has pure seed which is less than ninety-five percent but more than seventy-five percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show:

  (1)  The percentage of pure seed that is hybrid seed;

  (2)  A statement such as contains from seventy-five percent to ninety-five percent hybrid seed.

  6.  When using the designation "hybrid" in labeling no one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than seventy-five percent hybrid seed.

  7.  Seed treated with a compound poisonous to man or farm animal shall show on the label or on a separate tag the words "poison treated" in boldface type, and in addition give the name of the chemical or brand name of treatment used.

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(L. 1951 p. 5 § 266.050, A.L. 1979 H.B. 57)