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Electronic Code of Federal Regulations

e-CFR data is current as of October 16, 2019

Title 7Subtitle BChapter ISubchapter KPart 201 → Subject Group


Title 7: Agriculture
PART 201—FEDERAL SEED ACT REGULATIONS


labeling agricultural seeds

§201.8   Contents of the label.

The label shall contain the required information in any form that is clearly legible and complies with the regulations in this part. The information may be on a tag attached securely to the container, or may be printed in a conspicuous manner on a side or the top of the container. The label may contain information in addition to that required by the act, provided such information is not misleading.

[5 FR 30 Jan. 4, 1940, as amended at 24 FR 3952, May 15, 1959]

§201.9   Kind.

The name of each kind of seed present in excess of 5 percent shall be shown on the label and need not be accompanied by the word “kind.” When two or more kinds of seed are named on the label, the name of each kind shall be accompanied by the percentage of each. When only one kind of seed is present in excess of 5 percent and no variety name or type designation is shown, the percentage of that kind may be shown as “pure seed” and such percentage shall apply only to seed of the kind named.

[5 FR 30, Jan. 4, 1940]

§201.10   Variety.

(a) The following kinds of agricultural seeds are generally labeled as to variety and shall be labeled to show the variety name or the words “Variety Not Stated.”

Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Crambe; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Rice; Rye; Safflower; Sorghum; Sorghum-sudangrass, Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Triticale; Wheat, common; Wheat, durum.

(b) If the name of the variety is given, the name may be associated with the name of the kind with or without the words “kind and variety.” The percentage in such case, which may be shown as “pure seed,” shall apply only to seed of the variety named, except for the labeling of hybrids as provided in §201.11a. If separate percentages for the kind and the variety or hybrid are shown, the name of the kind and the name of the variety or the term “hybrid” shall be clearly associated with the respective percentages. When two or more varieties are present in excess of 5 percent and are named on the label, the name of each variety shall be accompanied by the percentage of each.

[32 FR 12778, Sept. 6, 1967, and 33 FR 10840, July 31, 1968, as amended at 35 FR 6108, Apr. 15, 1970; 59 FR 64491, Dec. 14, 1994]

§201.11   Type.

(a) When type is designated, such designation may be associated with the name of the kind but shall in all cases be clearly associated with the word “type.” The percentage, which may be shown as “pure seed”, shall apply only to the type designated. If separate percentages for the kind and the type are shown, such percentages shall be clearly associated with the name of the kind and the name of the type.

(b) If the type designation does not include a variety name, it shall include a name descriptive of a group of varieties of similar character and the pure seed shall be at least 90 percent of one or more varieties all of which conform to the type designation.

(c) If the name of a variety is used as a part of the type designation, the seed shall be of that variety and may contain: (1) An admixture of seed of other indistinguishable varieties of the same kind and of similar character; or, (2) an admixture of indistinguishable seeds having genetic characteristics dissimilar to the variety named by reason of cross-fertilization with other varieties. In either case, at least 90 percent of the pure seed shall be of the variety named or upon growth shall produce plants having characteristics similar to the variety named.

[5 FR 30, Jan. 4, 1940]

§201.11a   Hybrid.

If any one kind or kind and variety of seed present in excess of 5 percent is “hybrid” seed, it shall be designated “hybrid” on the label. The percentage that is hybrid shall be at least 95 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 or varieties are present in excess of 5 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 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage of pure seed that is hybrid seed or (b) a statement such as “Contains from 75 percent to 95 percent hybrid seed.” No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 75 percent hybrid seed.

[33 FR 10840, July 31, 1968]

§201.12   Name of kind and variety.

The representation of kind or kind and variety shall be confined to the name of the kind or kind and variety determined in accordance with §201.34. The name shall not have affixed thereto words or terms that create a misleading impression as to the history or characteristics of the kind or variety.

[20 FR 7929, Oct. 21, 1955]

§201.12a   Lawn and turf seed mixtures.

Seed mixtures intended for lawn and turf purposes shall be designated as a mixture on the label and each seed component shall be listed on the label in the order of predominance.

[49 FR 1172, Jan. 10, 1984]

§201.13   Lot number or other identification.

The lot number or other identification shall be shown on the label and shall be the same as that used in the records pertaining to the same lot of seed.

[5 FR 30, Jan. 4, 1940, as amended at 59 FR 64491, Dec. 14, 1994]

§201.14   Origin.

(a) Alfalfa, red clover, white clover, and field corn (except hybrid seed corn) shall be labeled to show: (1) The origin, if known; or (2) if the origin is not known, the statement “origin unknown.”

(b) Whenever such seed originates in more than one State, the name of each State and the percentage of seed originating in each State shall be given in the order of its predominance. Whenever such seed originates in a portion of a State, it shall be permissible to label such seed as originating in such portion of a State.

(c) Reasonable precautions to insure that the origin of seed is known shall include the maintaining of a record as described in §201.5. The examination of the seed and any pertinent facts may be taken into consideration in determining whether reasonable precautions have been taken to insure the origin to be that which is represented.

[5 FR 31, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955; 32 FR 12779, Sept. 6, 1967]

§201.15   Weed seeds.

The percentage of weed seeds shall include seeds of plants considered weeds in the State into which the seed is offered for transportation or transported and shall include noxious weed seeds.

[5 FR 31, Jan. 4, 1940]

§201.16   Noxious-weed seeds.

(a) Except for those kinds of noxious-weed seeds shown in paragraph (b) of this section, the names of the kinds of noxious-weed seeds and the rate of occurrence of each shall be expressed in the label in accordance with, and the rate of occurrence shall not exceed the rate permitted by, the law and regulations of the state into which the seed is offered for transportation or is transported. If in the course of such transportation, or thereafter, the seed is diverted to another State of destination, the person or persons responsible for such diversion shall cause the seed to be relabeled with respect to the noxious-weed seed content, if necessary to conform to the laws and regulations of the State into which the seed is diverted.

(b) Seeds or bulblets of the following plants shall be considered noxious-weed seeds in agricultural and vegetable seeds transported or delivered for transportation in interstate commerce (including Puerto Rico, Guam, and the District of Columbia). Agricultural or vegetable seed containing seeds or bulblets of these kinds shall not be transported or delivered for transportation in interstate commerce. Noxious-weed seeds include the following species on which no tolerance will be applied:

Aeginetia spp.

Ageratina adenophora (Spreng.) King and H.E. Robins.

Alectra spp.

Alternanthera sessilis (L.) DC.

Asphodelus fistulosus L.

Avena sterilis L. (including Avena ludoviciana Dur.)

Azolla pinnata R. Br.

Carthamus oxyacantha M. Bieb

Chrysopogon aciculatus (Retz.) Trin.

Commelina benghalensis L.

Crupina vulgaris Cass.

Digitaria abyssinica Stapf. (=D. scalarum (Schweinf.) Chiov.)

Digitaria scalarum (Schweinfurth) Chiovenda

Drymaria arenarioides Roem. and Schult.

Eichornia azurea (Sw.) Kunth

Emex australis Steinh.

Emex spinosa (L.) Campd.

Galega officinalis L.

Heracleum mantegazzianum Sommier & Levier

Homeria spp.

Hydrilla verticillata (L. f.) Royle

Hygrophila polysperma T. Anders.

Imperata brasiliensis Trin.

Imperata cylindrica (L.) Raeusch.

Ipomoea aquatica Forsk.

Ischaemum rugosum Salisb.

Lagarosiphon major (Ridley) Moss

Leptochloa chinensis (L.) Nees

Limnophila sessiliflora (Vahl) Blume

Lycium ferocissimum Miers

Melaleuca quinquenervia (Cav.) Blake

Melastoma malabathricum L.

Mikania cordata (Burm. f.) B.L. Robins.

Mikania micrantha H.B.K.

Mimosa invisa Mart.

Mimosa pigra L. var. pigra

Monochoria hastata (L.) Sloms-Laub.

Monochoria vaginalis (Burm. f.) K.B. Presl

Nassella trichotoma (Nees) Arechavaleta

Opuntia aurantiaca Lindl.

Oryza longistaminata A. Cheval. and Roehr.

Oryza punctata Steud.

Oryza rufipogon Griff.

Ottelia alismoides (L.) Pers.

Paspalum scrobiculatum L.

Pennisetum clandestinum Chiov.

Pennisetum macrourum Trin.

Pennisetum pedicellatum Trin.

Pennisetum polystachion (L.) Schult.

Prosopis alapataco R.A. Philippi

Prosopis argentina Burkart

Prosopis articulata S. Watson

Prosopis burkartii Munoz

Prosopis caldenia Burkart

Prosopis calingastana Burkart

Prosopis campestris Griseb.

Prosopis castellanosii Burkart

Prosopis denudans Benth.

Prosopis elata (Burkart) Burkart

Prosopis farcta (Russell) Macbride

Prosopis ferox Griseb.

Prosopis fiebrigii Harms

Prosopis hassleri Harms

Prosopis humilis Hook. and Arn.

Prosopis kuntzei Harms

Prosopis pallida (Willd.) H.B.K.

Prosopis palmeri S. Watson

Prosopis reptans Benth. var. reptans

Prosopis rojasiana Burkart

Prosopis ruizlealii Burkart

Prosopis ruscifolia Griseb.

Prosopis sericantha Hook. and Arn.

Prosopis strombulifera (Lam.) Benth.

Prosopis torquata (Lagasca) DC.

Rottboellia cochinchinensis (Lour.) Clayton

Rubus fruticosus L. (complex)

Rubus moluccanus L.

Saccharum spontaneum L.

Sagittaria sagittifolia L.

Salsola vermiculata L.

Salvinia auriculata Aubl.

Salvinia biloba Raddi

Salvinia herzogii de la Sota

Salvinia molesta D.S. Mitchell

Senecio inaequidens DC.

Setaria pallide-fusca (Schumach.) Stapf and Hubb.

Solanum tampicense Dunal

Solanum torvum Sw.

Solanum viarum Dunal

Sparaganium erectum L.

Spermacoce alata (Aublet) de Candolle

Striga spp.

Tridax procumbens L.

Urochloa panicoides Beauv.

[65 FR 1706, Jan. 11, 2000, as amended at 76 FR 31794, June 2, 2011]

§201.17   Noxious-weed seeds in the District of Columbia.

(a) Noxious-weed seeds in the District of Columbia are: Quackgrass (Elytrigia repens), Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), bermudagrass (Cynodon dactylon), giant bermudagrass (Cynodon dactylon var. aridus), annual bluegrass (Poa annua), and wild garlic or wild onion (Allium canadense or Allium vineale). The name and number per pound of each kind of such noxious-weed seeds present shall be stated on the label.

(b) [Reserved]

[65 FR 1707, Jan. 11, 2000]

§201.18   Other agricultural seeds (crop seeds).

Agricultural seeds other than those included in the percentage or percentages of kind, variety, or type may be expressed as “crop seeds” or “other crop seeds,” but the percentage shall include collectively all kinds, varieties, or types not named upon the label.

[5 FR 31, Jan. 4, 1940]

§201.19   Inert matter.

The label shall show the percentage by weight of inert matter.

[5 FR 31, Jan. 4, 1940]

§201.20   Germination.

The label shall show the percentage of germination for each kind or kind and variety or kind and type of kind and hybrid of agricultural seed present in excess of 5 percent or shown in the labeling to be present in a proportion of 5 percent or less.

[76 FR 31794, June 2, 2011]

§201.21   Hard seed.

The label shall show the percentage of hard seed, if any is present, for any seed required to be labeled as to the percentage of germination, and the percentage of hard seed shall not be included as part of the germination percentage.

[24 FR 3953, May 15, 1959]

§201.22   Date of test.

(a) The label shall show the month and year in which the germination test was completed. No more than 5 calendar months shall have elapsed between the last day of the month in which the germination test was completed and the date of transportation or delivery for transportation in interstate commerce, except for seed in hermetically sealed containers as provided in §201.36c in which case no more than 24 calendar months shall have elapsed between the last day of the month in which the germination test was completed prior to packaging and the date of transportation or delivery for transportation in interstate commerce.

(b) In the case of a seed mixture, it is only necessary to state the calendar month and year of such test for the kind or variety or type of agricultural seed contained in such mixture which has the oldest calendar month and year test date among the test conducted on all the kinds or varieties or types of agricultural seed contained in such mixture.

(c) The following kinds shall be tested within the indicated time before interstate shipment:

Agricultural seeds and mixtures thereofMonths from test date to shipment
Bentgrass, Colonial15
Bentgrass, Creeping15
Bluegrass, Kentucky15
Fescue, Chewings15
Fescue, Hard15
Fescue, Red15
Fescue, Tall15
Ryegrass, Annual15
Ryegrass, Perennial15

[5 FR 31, Jan. 4, 1940, as amended at 32 FR 12779, Sept. 6, 1967; 49 FR 1172, Jan. 10, 1984; 59 FR 64491, Dec. 14, 1994]

§201.23   Name of shipper or consignee.

The full name and address of either the shipper or consignee shall appear upon the label. If the name and address of the shipper are not shown upon the label, a code designation identifying the shipper shall be shown.

[5 FR 31, Jan. 4, 1940]

§201.24   Code designation.

The code designation used in lieu of the full name and address of the person who transports or delivers seed for transportation in interstate commerce shall be approved by the Administrator of the Agricultural Marketing Service or such other person as may be designated by him for the purpose. When used, the code designation shall appear on the label in a clear and legible manner.

[5 FR 31, Jan. 4, 1940, as amended at 13 FR 8731, Dec. 30, 1948; 19 FR 57, Jan. 6, 1954]

§201.24a   Inoculated seed.

Seed claimed to be inoculated shall be labeled to show the month and year beyond which the inoculant on the seed is no longer claimed to be effective by a statement such as, “Inoculant not claimed to be effective after____(Month and year).”

[32 FR 12779, Sept. 6, 1967]

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