ATCP 20.01 HistoryHistory: EmR1049: 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(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 NoteNote: 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.

ATCP 20.02(2)(2) 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 20.04(1)(1) Label contents; general. Except as provided in subs. (3) to (5), 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(1)(b)(b) A net quantity declaration that complies with ss. 98.07 and 98.08, Stats. If the seed is sold in packaged form, the net quantity declaration shall comply with s. ATCP 90.08 (12).

ATCP 20.04(1)(d)(d) 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.

ATCP 20.04(1)(e)1.1. 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.

ATCP 20.04(1)(e)2.2. 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.”

ATCP 20.04(1)(f)(f) 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.

ATCP 20.04(1)(g)(g) 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.

ATCP 20.04(1)(h)(h) 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.

ATCP 20.04(1)(j)(j) 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.

ATCP 20.04(1)(k)(k) 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.

ATCP 20.04(2)(a)(a) 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.

ATCP 20.04(2)(b)1.1. 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.

ATCP 20.04(2)(b)2.2. 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.