(a) (1) Each container of agricultural, vegetable, flower, or tree and shrub seeds which is sold, offered for sale, exposed for sale, or transported within this State for sowing purposes must bear thereon or have attached thereto, in a conspicuous place, a plainly written or printed label or tag in the English language, giving all of the information required under this chapter, which can not be modified or denied in the labeling or on another label attached to the container.

(2) The specific label requirements under paragraph (a)(1) of this section are as follows:

a. For agricultural seeds, under § 1502A of this title.

b. For vegetable seeds, under § 1502B of this title.

c. For flower seeds, under § 1502C of this title.

d. For tree and shrub seeds, under § 1503 of this title.

Terms Used In Delaware Code Title 3 Sec. 1502

  • Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State. See Delaware Code Title 3 Sec. 1501
  • Germination: means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts. See Delaware Code Title 3 Sec. 1501
  • Labeling: means all labels, in any form, including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices. See Delaware Code Title 3 Sec. 1501
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Treated: means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made. See Delaware Code Title 3 Sec. 1501
  • Tree and shrub seeds: includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State. See Delaware Code Title 3 Sec. 1501
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
  • Vegetable seeds: includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State. See Delaware Code Title 3 Sec. 1501
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) (1) In addition to the information required under paragraph (a)(2) of this section, if the seed has been treated, each container must provide all of the following:

a. A word or statement indicating that the seed has been treated.

b. The commonly accepted coined, chemical, or abbreviated chemical (generic) name of the applied substance or description of the process used.

c. If a substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement that explains the nature of the harm, such as “Do not use for food, feed, or oil purposes.” The caution for mercurials and similarly toxic substances must be a poison statement or symbol.

d. If the seed is treated with an inoculant, the expiration date, that is the date beyond which the inoculant is not to be considered effective.

(2) The information required under paragraph (b)(1) of this section may be provided in the same label as the information required under subsection (a) of this section or by using a separate label.

(c) Notwithstanding the germination test requirements under §§ 1502A through 1503 of this title, for seed in a hermetically-sealed container, no more than a 36-month germination test period may apply and all of the following conditions must have been met:

(1) The container is conspicuously labeled, in not less than 8-point font with all of the following statements:

a. The container is hermetically sealed.

b. The seed has been preconditioned as to moisture content.

c. The month and calendar year in which the germination test was completed.

(2) The seed was packaged within 9 months after harvest.

(3) The container used does not allow water vapor penetration (WVP) through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 F. with a relative humidity on side of 90% and on the other side of 0% as is measured by the standards of the United States Bureau of Standards.

(4) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as follows for agricultural seeds:

a. Beet, field, 7.5%.

b. Beet, sugar, 7.5%.

c. Bluegrass, Kentucky, 6.0%.

d. Clover, crimson, 8.0%.

e. Clover, red 8.0%.

f. Ryegrass, annual 8.0%.

g. Ryegrass, perennial, 8.0%

h. Mixtures of above paragraphs (c)(4) a. through (c)(4)g. of this section, 8.0%.

i. Bean, garden, 7.0%.

j. Bean, lima, 7.0%.

k. Beet, 7.5%.

l. Broccoli, 5.0%.

m. Brussels sprouts, 5.0%.

n. Cabbage, 5.0%.

o. Carrot, 7.0%.

p. Cauliflower, 5.0%.

q. Celeriac, 7.0%.

r. Celery, 7.0%.

s. Chard, Swiss, 7.5%.

t. Chinese cabbage, 5.0%.

u. Chives, 6.5%.

v. Collards, 5.0%.

w. Corn, sweet, 8.0%.

x. Cucumber, 6.0%.

y. Eggplant, 6.0%.

z. Kale. 5.0%.

aa. Kohlrabi, 5.0%.

bb. Leek, 6.5%.

cc. Lettuce, 5.5%.

dd. Muskmelon, 6.0%.

ee. Mustard, India, 5.0%.

ff. Onion, 6.5%.

gg. Onion, Welsh, 6.5%.

hh. Parsley, 6.5%.

ii. Parsnip, 6.0%.

jj. Pea, 7.0%.

kk. Pepper, 4.5%.

ll. Pumpkin, 6.0%.

mm. Radish, 5.0%.

nn. Rutabaga, 5.0%.

oo. Spinach, 8.0%.

pp. Squash, 6.0%.

qq. Tomato, 5.5%.

rr. Turnip, 5.0%.

ss. Watermelon, 6.5%.

tt. All others, 6.0%.

36 Del. Laws, c. 91, § ?2; Code 1935, § ?656; 44 Del. Laws, c. 66, §§ ?1, 3; 3 Del. C. 1953, § ?1502; 52 Del. Laws, c. 70, § ?1; 57 Del. Laws, c. 147, § ?1; 57 Del. Laws, c. 764, § ?6; 65 Del. Laws, c. 104, § ?2; 83 Del. Laws, c. 527, § 1;

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