Section 15-15-1-32 - Agricultural seeds; information for purchaser; label; bulk purchase(a) A container of agricultural seed of any size consisting of more than one (1) pound distributed in Indiana for sowing and seeding purposes must contain or have attached in a conspicuous place on the outside of the container a plainly written or printed tag or label in English giving the information required by this section. If the seed is distributed in bulk, the information required by this section must accompany delivery and be supplied to the purchaser at the time of delivery.(b) The labeling required for seed sold in bags and packages, and in bulk as required by this section, must include the following statements on the labeling attached to the container: (1) The commonly accepted name of each kind and variety of each agricultural seed component that exceeds five percent (5%) of the whole and the percentage by weight of each in the order of its predominance. However, the variety designation may be omitted if the label states the name of the kind and the words "variety not stated". If more than one (1) component is required to be named, the word "mixture" or the word "mixed" must be shown conspicuously on the label. A mixture consisting of two (2) or more varieties of the same kind may be designated as a "blend".(2) Lot number or other lot identification.(3) Origin (state or foreign country where grown) for all seed except hybrid corn. If the origin is unknown, that fact must be stated.(4) The percentage of all weed seed.(5) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.(6) The percentage of all other agricultural or vegetable seed, which may be designated as "other crop seeds" or "crop seeds".(7) The percentage of inert matter.(8) For each named agricultural seed:(A) the percentage of germination (as defined by rule adopted under section 28 of this chapter), exclusive of hard seed;(B) the percentage of hard seed, if present; and(C) the calendar month and year the test was completed to determine the percentages.(9) The name and address of the person who labeled the seed or who distributed it within Indiana.(10) For all seed named and treated (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 any applied pesticide;(C) a description of the process or the commonly accepted name of the substance applied if other than a pesticide; and(D) 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 Or Feed Or Oil Purposes". A poison statement or symbol must be used as the caution for mercurials and similarly toxic substances.(11) For pre-inoculated seed, in addition to other labeling requirements of this section (for which a separate label may be used):(A) a word or statement indicating that the seed has been pre-inoculated; and(B) the date beyond which the inoculant is not to be considered effective.(12) For cool season lawn and turf grasses, the following statements on the labeling:(A) For single kinds of grasses, the name of the kind or the kind and variety.(B) For grass mixtures: (i) the word "mix", "mixed", "mixture", or "blend" must be stated with the name of the mixture;(ii) the headings "Pure Seed" and "Germination" or "Germ" must be used in the proper places; and(iii) the commonly accepted name of the kind or the kind and variety of each agricultural seed component that exceeds five percent (5%) of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form.(C) The percentage by weight of agricultural seed other than those required to be named on the label (which must be designated as "crop seed").(D) The percentage by weight of inert matter.(E) The percentage by weight of all weed seeds. The maximum weed seed content may not exceed two and five-tenths percent (2.5%) by weight.(F) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present and listed under the heading "Noxious Weed Seeds". Restricted noxious weed seed may not exceed twenty-five hundredths of one percent (0.25%) by weight.(G) For each agricultural seed named under clause (A) or (B), the following: (i) The percentage of germination, exclusive of hard seed.(ii) The percentage of hard seed, if present.(iii) The calendar month and year the test was completed to determine the required percentages. The oldest test date must be used.(iv) The statement "Sell by (month/year)". The date may not exceed fifteen (15) months from the date that must be stated on the labeling under item (iii), exclusive of the month of the test. The total of the percentages by weight under clauses (B)(iii), (C), (D), and (E) must equal one hundred percent (100%).
(c) The statements required by this section may not be modified or denied.(d) The total of the percentages that are stated on the labeling under subsection (b)(1), (b)(4), (b)(6), and (b)(7) must equal one hundred percent (100%).Pre-2008 Recodification Citation: 15-4-1-4.
As added by P.L. 2-2008, SEC.6. Amended by P.L. 75-2010, SEC.6.