Register October 2019 No. 766
Chapter ATCP 20
SEED LABELING AND SALE
Seed evaluation and related terminology.
Seed labeling; general.
Seed germination; labeling, analysis and standards.
Treated seed, inoculated seed, coated seed and combination products; labeling.
Hybrid seed labeling.
Flower seed in small containers; composition.
Seed labeler license.
ATCP 20.01 Definitions.
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: amaranthus palmeri
(Palmer amaranth), amaranthus tuberculatus
(field bindweed), euphorbia esula
(Canada thistle), panicum miliaceum
(wild proso millet), eriochloa villosa
(woolly cupgrass), pueraria montana var. lobate
(kudzu), polygonum perfoliatum
(Russian knapweed), and centaurea maculos
“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
(buckhorn), silene alba
, 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
“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
; CR 18-020: am. (27) Register October 2019 No. 766, eff. 11-1-19.
ATCP 20.02 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: