8 Colo. Code Regs. § 1203-6, pt. 3

Current through Register Vol. 48, No. 1, January 10, 2025

Part 3 - LABEL REQUIREMENTS FOR 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:

3.1. For all seeds, if a tetrazolium test is used in place of a germination test, the following statement shall appear on the label, "This lot of seed was tested for viability using a tetrazolium test (TZ) in place of a germination test."

3.2. For all treated agricultural, vegetable, and flower seeds (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).

3.3. For agricultural seeds, except for agricultural seed mixtures as provided in Part 3.4; and for hybrids which contain less than 95% hybrid seed as provided in Part 3.10:

(a) The name of the kind or kind and variety for each agricultural seed component present in excess of 5 percent of the whole and the percentage of weight of each. If the variety of those kinds generally labeled as to variety is not stated, the label shall show the name of the kind and the words, "Variety Not Stated" or "VNS" . Hybrids shall be labeled as hybrids.

(b) Lot number or other lot identification.

(c) Origin (state or foreign country), if known, except of 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.

(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) For each named agricultural seed:

(1) Percentage of germination, exclusive of hard or dormant seed,

(2) Percentage of hard or dormant seeds, if present,

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

(Following (1) and (2) above, the "total germination and hard or dormant seed" may be stated as such, if desired.)

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

3.4. For seed mixtures of agricultural seeds.

(a) The word "mixed" or "mixture" shall be stated with the name of the mixture.

(b) The heading "Pure Seed" and "Germination" or "Germ" shall be used in the proper places.

(c) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of five percent of the whole, and the percentage by weight of each in order of its predominance and in columnar form. If the variety of those kinds generally labeled as to variety is not stated, the label shall show the name of the kind and the words "Variety Not Stated" or "VNS".

(d) Percentage by weight of agricultural seed other then those required to be named on the label (which shall be designated as "crop seed").

(e) Percentage by weight of inert matter. Except for coating material, fertilizer and mulch, as provided by Parts 3.5 and 3.11, foreign material not common to agricultural seed shall not be added to inert matter.

(f) Percentage by weight of all weed seeds.

(g) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

(h) For each agricultural seed named under (c) above:

(1) Percentage of germination, exclusive of hard or dormant seed;

(2) Percentage of hard or dormant seed, if present;

(3) Calendar month and year the test was completed to determine such percentages. Oldest test date shall be used.

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

(j) Lot number or other lot identification.

(k) Origin (state or foreign country), if known, of each agricultural seed component. If the origin is unknown, the fact shall be stated.

3.5. For agricultural seeds that are coated:

(a) Percentage by weight of pure seeds with coating material removed.

(b) Percentage by weight of coating material.

(c) Percentage by weight of inert material exclusive of coating material.

(d) Percentage of germination is to be determined on 400 pellets with or without seeds.

(e) In addition to the provisions of this section, labeling of coated seed shall comply with the requirements of Parts 3.2, 3.3, and 3.4.

3.6. For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices:

(a) Name of kind and variety of seed.

(b) Lot identification, such as by lot number or other means.

(c) The year for which the seed was packed for sale as "Packed for __________________ " or the percentage germination and the calendar month and year the test was completed to determine such percentage.

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

(e) For seeds which germinate less than the standard established by Part 8 of these rules:

(1) Percentage of germination, exclusive of hard or dormant seed;

(2) Percentage of hard or dormant seed, if present,

(3) The words "Below Standard" in not less than 8-point type.

(f) For seeds placed in a germination medium, mat, tape, 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 or device, a statement to indicate the minimum number of seeds in the container.

3.7. For vegetable seeds in containers other than those prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(a) The name of each kind and variety present in excess of 5 percent and the percentage by weight of each in order of its predominance.

(b) Lot number or other lot identification.

(c) For each named vegetable seed:

(1) Percentage germination exclusive of hard or dormant seed;

(2) Percentage of hard or dormant seed, if present,

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

(Following (1) and (2) the "total germination and hard or dormant seed" may be stated as such, if desired.)

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

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

3.8. For flower seeds in containers 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 required by Part 4 of these rules;

(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 said seed, or who sells, offers, or exposes said 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 the provisions of these rules:

(1) Percentage of germination exclusive of hard or dormant seeds, and

(2) The words "Below Standard" in not less than 8-point type.

(c) For seeds placed in a germination medium, mat, tape, 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, or device, a statement to indicate the minimum number of seeds in the container.

3.9. For fower seeds in containers other than those prepared for use in home flower gardens or household plantings 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 required by Part 4 of these rules.

(b) The lot number or other lot identification;

(c) The calendar month and year that the seed was tested;

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

(e) For those kinds of seed for which standard testing procedures are prescribed:

(1) Percentage germination exclusive of hard or dormant seed, and,

(2) Percentage of hard or dormant seed, if present,

3.10. For agricultural and vegetable hybrid seed which contain less than 95% hybrid seed:

(a) Kind or variety must be labeled as "hybrid".

(b) The percent or range of percent which is hybrid shall be labeled parenthetically in direct association following named variety; i.e.- Comet (85% Hybrid or 75%- 85%).

(c) Varieties in which the pure seed contain less than 75% hybrid seed shall not be labeled hybrids.

3.11. For combination mulch, seed and fertilizer products:

(a) The word "combination" followed by the words "mulch- seed- fertilizer (if appropriate)" must appear on the upper 30% of the principal display panel. The word "combination" must be the largest and most conspicuous type on the container, equal to or larger than the product name. The words "mulch seed- fertilizer" shall be no smaller than one-half the size of the word "combination" and in close proximity to the word combination. These products shall contain a minimum of 70% mulch. The word "mulch" as used herein shall mean "a protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds and the prevention of erosion."

(b) Agricultural, lawn and turf seeds placed in a germination medium, mat, tape or other device or mixed with mulch shall be labeled as follows:

(1) Product name.

(2) Lot number.

(3) Percentage by weight of pure seed of each kind and variety named which may be less than 5% of the whole.

(4) Percentage by weight of other crop seeds.

(5) Percentage by weight of inert matter which shall not be less than 70%.

(6) Percentage by weight of weed seeds.

(7) Name and number of noxious weed seeds per pound, if present.

(8) Percentage of germination (and hard or dormant seed if appropriate) of each kind or kind and variety named and date of test.

(9) Name and address of labeler.

(10) Origin (state or foreign country), if known, of each agricultural seed component. If the origin is unknown, the fact shall be stated.

8 CCR 1203-6, pt. 3

42 CR 13, July 10, 2019, effective 7/30/2019

43 CR 05, March 10, 2020, effective 3/30/2020

43 CR 19, October 10, 2020, effective 10/30/2020