Section 2-11-22. Labeling requirements

   (a)  Labeling required. Each bag, container, package, or bulk of seeds which is sold, offered for sale, exposed for sale, or transported within this state for planting purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the information specified in subsections (b) through (j) of this Code section, which statement shall not be modified or denied in the labeling or on another label attached to the container. The labeler is responsible to assure that the required labeling is applied to each container or, in the case of bulk seed, that required labeling is shown on the invoice. All invoices and records pertaining to the shipment or sale of seed must show each lot number.

(b)  Treated seeds. For all treated seeds, as defined in this article, for which a separate label may be used, the following information shall be given:

   (1) A word or statement that the seed has been treated;

   (2) The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance and the rate of application;

   (3) If the level of treatment exceeds the established tolerance or is not subject to an exemption to a tolerance, a caution statement, such as "Do not use for food or feed or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement or symbol and the label shall carry the words "poison treated"; and

   (4) If the seed is treated with an inoculant, the label must state the inoculant manufacturer's lot number and expiration date as listed on the inoculant's original package.

(c)  Agricultural seed. For agricultural seed the following information shall be given except for grass seed mixtures as provided in subsection (d) of this Code section; and for hybrids that contain less than 95 percent hybrid seed as provided in subsection (j) of this Code section:

   (1) The commonly accepted name of kind and variety of each agricultural seed component in excess of 5 percent of the whole and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label, provided that the Commissioner may, through the promulgation of regulations, allow certain kinds of seed to be labeled "mixed" without showing the percentage of each variety present;

   (2) The net weight;

   (3) The lot number or other lot identification;

   (4) The origin (state or foreign country);

   (5) The percentage by weight of all weed seeds;

   (6) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

   (7) The percentage by weight of crop seeds other than those required to be named on the label;

   (8) The percentage by weight of inert matter;

   (9) For each named agricultural seed:

      (A) The percentage of germination, exclusive of hard seed or dormant seed;

      (B) The percentage of hard seed or dormant seed, if present; and

      (C) The calendar month and year the test was completed to determine such percentage;
   following the information given pursuant to subparagraphs (A) and (B) of this paragraph, the "total germination and hard seed" or "total germination and dormant seed" may be stated as such, if desired; and

   (10) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.

(d) For seed mixtures for lawn or turf purposes or both lawn and turf purposes the following information shall be given:

   (1) The word "mixed" or "mixture" shall be stated with the name of the mixture;

   (2) The headings "pure seed" and "germination" or "germ" shall be used in the proper places;

   (3) The net weight;

   (4) The lot number or other lot identification;

   (5) Commonly accepted name of kind, variety, and origin of each agricultural seed component in excess of 5 percent of the whole and the percentage by weight of pure seed in order of its predominance and in columnar form;

   (6) Percentage by weight of agricultural seed other than those required to be named on the label (which shall be designated as "crop seed");

   (7) The percentage by weight of inert matter;

   (8) Percentage by weight of all weed seeds;

   (9) Noxious weeds that are required to be labeled will be listed under the heading "noxious weed seeds";

   (10) For each agricultural seed named under paragraph (5) of this subsection;

      (A) Percentage of germination, exclusive of dormant seed;

      (B) Percentage of dormant seed, if present; and

      (C) The calendar month and year the test was completed to determine such percentages. The test date for each component may be labeled or, if each component does not show a test date, the oldest test date shall be used for the mixture; and

   (11) Name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within the state.

(e) For agricultural seeds that are coated or pelleted:

   (1) Percentage by weight of pure seed with coating or pelleting material removed;

   (2) Percentage by weight of coating or pelleting material;

   (3) Percentage by weight of inert material exclusive of coating or pelleting material;

   (4) Percentage of germination is to be determined on 400 pellets with or without seeds;

   (5) In addition to the provisions of paragraphs (1) through (4) of this subsection, labeling of coated or pelleted seed shall comply with the requirements of this Code section for the specific seed kind.

(f) For vegetable seeds in containers of one pound or less or preplanted containers, mats, tapes, or other planting devices, the following information shall be given:

   (1) The name of kind and variety of seed;

   (2) The lot number or other lot identification;

   (3) The year for which the seed was packed for sale as "Packed for        " or the percent germination and the calendar month and year the test was completed to determine such percentage;

   (4) For seed which germinate less than the standard last established by the Commissioner under this article:

      (A) The percentage of germination, exclusive of hard seed or dormant seed;

      (B) The percentage of hard seed or dormant seed, if present;

      (C) The calendar month and year the test was completed to determine such percentage; and

      (D) For seed that germinate less than the standard last established by the Commissioner, the words "below standard" in not less than eight-point type must be printed or written with permanence on the face of the label, in addition to the other information required, provided that no seed marked "below standard" shall be sold if it falls more than 20 percent below the established standard for such seed;

   (5) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state; and

   (6) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

(g)  Vegetable seeds in containers of more than one pound.

   (1) For vegetable seeds in containers of more than one pound, the following information shall be given:

      (A) The name of each kind and variety present in excess of 5 percent and the percentage by weight of each in order of its predominance;

      (B) The net weight or seed count;

      (C) The lot number or other lot identification;

      (D) For each named vegetable seed:

         (i) The percentage of germination, exclusive of hard seed or dormant seed;

         (ii) The percentage of hard seed or dormant seed, if present; and

         (iii) The calendar month and year the test was completed to determine such percentages;
      following the information given pursuant to such divisions (i) and (ii) of this subparagraph, the "total germination and hard seed" or the "total germination and dormant seed" may be stated as such, if desired; and

      (E) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.

   (2) The labeling requirements for vegetable seeds in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

(h) For flower seed in packets prepared for use in home gardens or household plantings or flower seed in preplanted containers, mats, tapes, or other planting devices, the following information shall be given:

   (1) For all kinds of flower seeds:

      (A) The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules promulgated under this article;

      (B) The calendar month and year the seed was tested or the year for which the seed was packaged;

      (C) The lot number or other lot identification;

      (D) The net weight or seed count; and

      (E) The name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within this state;

   (2) For flower seed kinds for which standard testing procedures are prescribed and that germinate less than the germination standard last established by rule under this article:

      (A) Percentage of germination, exclusive of hard seed or dormant seed;

      (B) Percentage of hard seed or dormant seed, if present; and

      (C) The words "below standard" in not less than eight-point type; and

   (3) For flower seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

(i) For flower seed in containers other than packets and other than preplanted containers, mats, tapes, or other planting devices and not prepared for use in home flower gardens or household plantings, the following information shall be given:

   (1) The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules promulgated under this article and for wildflowers the genus and species and, if appropriate, the subspecies;

   (2) The lot number or other lot identification;

   (3) The net weight or seed count;

   (4) For wildflower seed only with a pure seed percentage of less than 90 percent:

      (A) The percentage, by weight, of each component listed in order of their predominance;

      (B) The percentage by weight of weed seed if present; and

      (C) The percentage by weight of inert matter;

   (5) For those seed kinds for which standard testing procedures are prescribed:

      (A) Percentage of germination, exclusive of hard seed or dormant seed;

      (B) Percentage of hard seed or dormant seed, if present;

      (C) The calendar month and year that the seed was tested or the year for which the seed was packaged; and

      (D) For flower seed kinds that germinate less than the germination standard last established by rule under this article, the words "below standard" in not less than eight-point type;

   (6) For those kinds of seed for which standard testing procedures are not available, the year of production or collection; and

   (7) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state.

(j) For hybrid agricultural and vegetable seed, the following is required:

   (1) If any one kind or kind and variety of seed present in excess of 5.0 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 5.0 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 90 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show the percentage of pure seed that is hybrid seed. No kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 90 percent hybrid seed;

   (2) Hybrid wheat, hybrid millet, and other hybrids to be established by rule shall be labeled the same as all other hybrids except that if 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 shall be labeled to show the percentage of pure seed that is 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. Any seed containing less than 95 percent hybrids must be labeled as a mixture; and

   (3) In addition to the provisions of paragraph (1) of this subsection, labeling of hybrid agricultural and vegetable seed shall comply with the requirements of this Code section for the specific seed kind and, if appropriate, quantity.

Ga. L. 1941, p. 497, § 2; Ga. L. 1956, p. 217, § 3; Ga. L. 1982, p. 3, § 2; Ga. L. 1996, p. 1151, § 1; Ga. L. 1998, p. 128, § 2.