Section 4-16-202 - Distribution of seeds - Germination tests required - Date to appear on label - Seed to be free of noxious weed seed - Special requirements for treated seeds - Prohibitions(1) A person in this state may not offer or expose for sale or sowing any seed for sprouting or any agricultural, vegetable, flower, or tree and shrub seed unless: (a)(i) for agricultural seed, including mixtures of agricultural seed: (A) a test to determine the percentage of germination has been performed within 18 months, exclusive of the month the seed is tested and the date the seed is offered for sale; and(B) the date of the test appears on the label;(ii) for vegetable, flower, or tree and shrub seed or seed for sprouting: (A) a test to determine the percentage of germination has been performed within 12 months, exclusive of the month the seed is tested and the date the seed is offered for sale; and(B) the date of the test appears on the label;(iii) for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed: (A) a test to determine the percentage of germination has been performed within 36 months, exclusive of the month the seed is tested and the date the seed is offered for sale, or the seed have been retested for germination within nine months, exclusive of the month the seed is retested and the date the seed are offered or exposed for sale; and(B) the date of the test appears on the label;(b) the package or other container is truthfully labeled and in accordance with Section 4-16-201; and(c) the seed is free of noxious weed seed, subject to any tolerance as may be prescribed by the department through rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(2) The label on any package or container of an agricultural, vegetable, flower, lawn and turf, or tree and shrub seed or seed mixture that has been treated and for which a claim is made on account of the treatment, in addition to the labeling requirements specified in Section 4-16-201, shall: (a) state that the seed have been treated;(b) state the commonly accepted name, generic chemical name, or abbreviated chemical name of the substance used for treatment;(c) state the date beyond which the inoculant is not considered effective, if the seed is treated with an inoculant; and(d)(i) include a caution statement consistent with rules of the department if the treatment substance remains with the seed in an amount which is harmful to vertebrate animals; and(ii) subject to Subsection (2)(d)(i), state in a caution statement for mercurials and similarly toxic substances, as defined by rule of the department, that the seed has been treated with poison with "POISON" printed in red letters on a background of distinctly contrasting color together with a representation of the skull and crossbones.(3) A person may not: (a) use the word "trace" as a substitute for a statement required under this chapter;(b) disseminate any false or misleading advertisement about agricultural, vegetable, flower, or tree and shrub seed or seed for sprouting; or(c) detach, alter, or destroy any label or substitute any seed in a manner that defeats the purpose of this chapter.Amended by Chapter 355, 2018 General Session ,§ 11, eff. 5/8/2018.Renumbered from § 4-16-5 and amended by Chapter 345, 2017 General Session ,§ 178, eff. 7/1/2017.Amended by Chapter 81, 1997 General Session.