Seed labeler license.
In this chapter:
"Agricultural seed" means any kind or mixture of kinds of plant seed, other than tree or shrub seed, which is sold, offered for sale, or displayed or distributed for sale for sowing purposes. "Agricultural seed" includes crop seed, vegetable seed, lawn or turf seed, flower seed and native species seed.
"Area of origin" means the area from which seed was harvested for sale or distribution.
"Coated seed" means agricultural seed that is covered with any substance that changes the size, shape or weight of the seed.
"Combination seed and non-seed product" means a product, other than treated seed, inoculated seed or coated seed, that contains agricultural seed in combination with mulch, growth media, fertilizer or other materials that are directly or implicitly purported to enhance the germination, erosion resistance, ease of application or other performance characteristics of the agricultural seed.
"Container" means any package, packet, bag or other receptacle in which agricultural seed is sold, offered for sale, or displayed or distributed for sale.
"Department" means the Wisconsin department of agriculture, trade and consumer protection.
"Dormant seed" means viable agricultural seed, other than hard seed, which fails to germinate in a germination analysis conducted according to this chapter.
"Dormant seed percentage" means, for a particular kind or variety of agricultural seed, the percentage of seeds in a container or lot that are dormant seeds, as estimated by a germination analysis conducted according to this chapter.
"Flower seed" means seed of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seed in this state. "Flower seed" does not include native species seed that is labeled as native species seed.
"Germination" means the emergence and development from the seed embryo of those essential structures which, for the kind of seed, are indicative of the ability to produce a normal plant under favorable conditions.
"Germination percentage" means, for a particular kind or variety of agricultural seed, the percentage of seeds in a container or lot that germinate under favorable germination conditions, as estimated by a germination analysis under this chapter.
"Hard seed" means agricultural seed that would remain hard throughout a germination analysis conducted according to this chapter because the seed would not absorb water due to an impermeable seed coat.
"Hard seed percentage" means, for a particular kind or variety of agricultural seed, the percentage of seeds in a container or lot that are hard seeds, as estimated by a germination analysis conducted according to this chapter.
"Hybrid seed" means the first generation seed of a cross produced by controlling the pollination and by combining two or more inbred lines, one inbred or a single cross with an open pollinated variety or two varieties or species, except open-pollinated varieties of zea mays (corn). "Hybrid seed" does not include the second or subsequent generation of seed produced from a cross described in this subsection.
ATCP 20.01 Note
Note: A hybrid version of a named seed variety is considered a separate seed variety.
"Indigenous" species means a species that is indigenous to the state of Wisconsin, as determined by the Wisconsin department of natural resources in Wisconsin department of natural resources technical bulletin number 192, Checklist of Vascular Plants of Wisconsin (2001).
"Inert matter" means all matter that is not intact seed. "Inert matter" includes broken seeds, sterile florets, chaff, fungus bodies and stones.
"Inoculated seed" means legume seed that has received an application of a bacteria culture that will effectively inoculate the legume to produce root nodulation, plant growth and nitrogen accumulation.
"Kind" means seed of a particular plant species or subspecies, or 2 or more related plant species or sub-species, which are singly or collectively known by one common name such as corn, oats, alfalfa or timothy. "Kind" includes an indigenous species or subspecies.
"Lawn or turf seed" means the seed of grasses, clovers or other agricultural seeds or seed mixtures that are commonly used or sold for seeding lawns, parks or turf areas in this state. "Lawn or turf seed" does not include native species seed that is labeled as native species seed.
"Lot" means a specific bulk quantity of agricultural seed, or a specific aggregation of agricultural seed containers, whose seed contents are uniform throughout.
"Lot code" means a number or mark that uniquely identifies a lot.
"Mixture" means agricultural seed consisting of more than one kind or variety, where each kind or declared variety represents more than 5 percent by weight of the whole mixture.
"Native species seed" means agricultural seed derived from indigenous herbaceous species.
"Noxious weed seeds" include prohibited noxious weed seeds and restricted noxious weed seeds.
"Person" means an individual, corporation, partnership, limited liability company, trust or other legal entity.
"Prohibited noxious weed seeds" means the seeds of weeds that are highly destructive and difficult to control by good cultural practices and use of herbicides. "Prohibited noxious weed seeds" includes convolvulus arvensis (field bindweed), euphorbia esula (leafy spurge), cirsium arvense (canada thistle), panicum miliaceum (wild proso millet), eriochloa villosa (woolly cupgrass), pueraria montana var. lobata (kudzu), polygonum perfoliatum (mile-a-minute weed), centaurea picris (Russian knapweed), and centaurea maculos (spotted knapweed)
"Pure live seed percentage" means, for a particular kind or variety of native species seed, the sum of the following multiplied by the pure seed percentage:
The hard seed percentage or dormant seed percentage, as appropriate based on the applicable seed evaluation method in this chapter.
"Pure seed percentage" means, for a particular kind or variety of agricultural seed, the percentage by weight of the container or lot contents that is comprised of seed of that kind or variety exclusive of inert matter and other seeds.
"Restricted noxious weed seeds" means seeds of species that are objectionable, but that can be controlled by good cultural practices or use of herbicides. "Restricted noxious weed seeds" include raphanus raphanistrum (wild radish), plantago lanceolata (buckhorn), silene alba (white cockle), cuscuta spp.
, berteroa incana (hoary alyssum), avena fatua (wild oat), sinapis arvensis (wild mustard), agropyron repens (quackgrass), sonchus arvensis (perennial sowthistle), ambrosia trifida (giant ragweed), and abutilon theophrasti (velvetleaf).
"Seed evaluation" means evaluation of agricultural seed to determine seed composition, purity, germination percentage, hard seed percentage, dormant seed percentage, weed seed content, inert matter content, or other characteristics for purposes of seed labeling, regulatory compliance or enforcement under this chapter. "Seed evaluation" includes seed sampling, inspection, analysis, testing and examination. "Seed evaluation" includes evaluation by seed labelers and by the department.
"Seed evaluation terminology" means the nomenclature used in seed evaluation and related seed labeling, and includes relevant connotations, conditions, limitations and tolerances related to the declaration of seed evaluation results on seed labels.
"Seed labeler" means a person who holds a valid license under s. ATCP 20.18
, and who accepts legal responsibility for the labeling that accompanies a container or lot of agricultural seed that is sold, offered for sale, or displayed or distributed for sale in this state.
"Treated seed" means agricultural seed that is treated with a pesticide, or that is treated with another substance or process for which the seed advertising or labeling makes a performance claim.
"Type" as applied to flower seed means a group of different varieties of the same kind of flower seed, where the different varieties are so nearly similar that they cannot be clearly distinguished except under special conditions or analysis.
"Uniform" means consistent in composition and characteristics that are relevant to labeling requirements under this chapter, within tolerances prescribed by the relevant seed evaluation method under this chapter for each relevant characteristic.
"Variety" means a subdivision of a kind, where the subdivision is all of the following:
Distinct in the sense that it can be differentiated from all other known varieties of the kind by one or more identifiable morphological, physiological or other characteristics.
Uniform in the sense that variations in essential and distinctive characteristics, within the variety, are describable.
Stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and in its uniformity when reproduced or reconstituted as required for different categories of varieties.
ATCP 20.01 Note
Under the federal seed law (7 USC 1551
et. seq.), plant breeders may assign names to new plant varieties that they create. Variety names once established may not be changed. Plant breeders are not required to register variety names, but must refrain from duplicating existing variety names (the United States department of agriculture offers a name searching service to determine whether a proposed name is already in use). A company or trade name may not be used as a substitute for an established variety name. Under the federal plant variety protection act (7 USC 2321
et seq.), a plant breeder may obtain a certificate of plant variety protection (similar to a patent) for a new plant variety that meets certain criteria.
"Vegetable seed" means agricultural seed that is commonly used to produce vegetables or herbs in home gardens, and is generally known and sold under the name of vegetable or herb seed in this state.
"Weed" means a plant that is generally recognized as objectionable within the intended crop or planting in this state.
"Wild type" means a native species that is not a named variety.
ATCP 20.01 History
: emerg. cr., eff. 1-1-11; CR 10-107
: cr. Register June 2011 No. 666
, eff. 7-1-11; correction in (28) (a), (b) made under s. 13.92 (4) (b) 1.
, Stats., Register June 2011 No. 666
Seed evaluation and related terminology. ATCP 20.02(1)(1)
Except as otherwise provided in this chapter, agricultural seed evaluation methods and seed evaluation terminology used in agricultural seed labeling shall be consistent with applicable Rules for Seed Testing (October 1, 2010 edition) published by AOSA, Inc.
ATCP 20.02 Note
AOSA, Inc. is also known as the Association of Official Seed Analysts. Copies of the Rules for Seed Testing (October 1, 2010 edition), published by AOSA, Inc., are on file with the department and the legislative reference bureau. Copies may be obtained by contacting AOSA, Inc. at http://www.aosaseed.com
An agricultural seed sample collected by the department shall be accompanied by the label for that seed. At the request of the department, a seed labeler shall provide a copy of the agricultural seed label to accompany each seed sample collected by the department.
ATCP 20.02 History
: emerg. cr., eff. 1-1-11; CR 10-107
: cr. Register June 2011 No. 666
, eff. 7-1-11.
Label contents; general.
Except as provided in subs. (3)
, every container or lot of agricultural seed that is sold, offered for sale, or exposed or distributed for sale in this state shall be labeled with all of the following:
ATCP 20.04 Note
Note: The net quantity declaration under par. (b) is normally expressed as the total net weight of the labeled container or lot.
A lot code identifying the labeled lot or, in the case of a labeled container, the source lot from which the container originates.
The area of origin of the seed if the area of origin is known or if the seed is represented as native species seed. If the seed is a mixture of kinds or varieties from different areas of origin, the label shall identify the area of origin for each kind or variety declared under par. (e)
. The area of origin, if located in this state, may be identified by a geographic description or by a the name of a political subdivision such as a county. If the seed originates from another state or country, the label shall identify that state or country.
All of the following information related to the composition of the agricultural seed:
The name and pure seed percentage of each kind of agricultural seed that constitutes more than 5 percent by weight of the net contents of the container or lot. Kinds and corresponding pure seed percentages shall be listed in order of predominance based on pure seed percentage.
The name and pure seed percentage of each variety of agricultural seed that is declared on the seed label. If the label declares any variety of a kind, it shall declare every variety of that kind that has a pure seed percentage of more than 5 percent. Varieties protected by a certificate of protection under the federal plant variety protection act shall be declared. Declared varieties and corresponding pure seed percentages shall be listed in order of predominance under the kinds to which they pertain. If a container or lot includes 2 or more undeclared varieties of any kind, each of which has an undisclosed pure seed percentage of more than 5 percent, the label shall identify the seed of that kind as a mixture, blend or assortment and shall include the conspicuous statement "Variety Not Stated."
The combined total amount of all weed seeds in the container or lot, expressed as a percentage by weight of the total net contents of the container or lot. If any of the weed seeds are noxious weed seeds, the label shall also identify each component kind of noxious weed seed and its percentage by weight of the container or lot contents.
The combined total amount, in the container or lot, of all agricultural seeds of kinds not declared under par. (e) 1.
This amount shall be expressed as a percentage by weight of the total net contents of the container or lot. The label need not identify these seeds by kind, but may describe them collectively as "other crop seeds" to distinguish them from kinds declared under par. (e) 1.
The combined total amount of all inert matter in the container or lot, expressed as a percentage by weight of the total net contents of the container or lot.
The germination information described in s. ATCP 20.06 (1)
, and the month and year in which the germination analysis used to determine that information was completed.
Applicable information required under s. ATCP 20.08
if any of the seed is treated, inoculated or coated seed, or if the seed is part of a combination seed and non-seed product.
(2) Form of labeling.
The label information required under this section shall be attached to each container of agricultural seed, except that:
The information may be provided in an invoice or other labeling document that accompanies a wholesale lot or unpackaged bulk lot of agricultural seed identified in the invoice or labeling document. If a wholesale lot includes more than one unlabeled container of agricultural seed, the wholesale lot code shall be marked on each container and the seed in each container shall conform to the labeling that accompanies the wholesale lot.
If the agricultural seed is weighed and sold at retail from an open display container in the presence of the retail purchaser:
Label information required under this section may be disclosed on a label that is attached to the display container, provided that copies of that label are also available for purchasers to take.
If the seed labeler is the retail seller, the seed labeler's name and address may be disclosed on a scale ticket, sales slip or invoice provided to the retail purchaser.
The net content declaration under sub. (1) (b)
may be disclosed on a scale ticket, sales slip or invoice provided to the retail purchaser.
(3) Vegetable seed in small quantities for home use. ATCP 20.04(3)(a)(a)
If vegetable seed that complies with s. ATCP 20.06 (3)
is packaged for home use in a container with net contents of less than one pound, or in a pre-planted container, mat, tape or other planting device with net contents of less than one pound, the container or device may be labeled with one of the following in lieu of all the information required under s. ATCP 20.04 (1) (f)
The statement "Sell by [seed labeler inserts date]." The stated date may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c)
A statement indicating the calendar year in which the seed is to be used. The beginning of the year may be no more than 12 months after the end of the month in which a germination analysis was completed on the source lot identified under sub. (1) (c)