The period of validity of germination tests is extended to the following periods for seed packaged in hermetically sealed containers, under conditions and label requirements set forth in this section:

(1) GERMINATION TESTS.–The germination test for agricultural and vegetable seed must have been completed within the following periods, exclusive of the calendar month in which the test was completed, immediately prior to shipment, delivery, transportation, or sale:

(a) In the case of agricultural or vegetable seed shipped, delivered, transported, or sold to a dealer for resale, 18 months;

Terms Used In Florida Statutes 578.092

  • Dealer: means any person who sells or offers for sale any agricultural, vegetable, flower, tree, or shrub seed for seeding purposes, and includes farmers who sell cleaned, processed, packaged, and labeled seed. See Florida Statutes 578.011
  • Department: means the Department of Agriculture and Consumer Services or its authorized representative. See Florida Statutes 578.011
  • Germination: means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions. See Florida Statutes 578.011
  • Label: means the display or displays of written or printed material upon or attached to a container of seed. See Florida Statutes 578.011
  • Labeling: includes all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to any seed, whether in bulk or in containers, and includes invoices and other bills of shipment when sold in bulk. See Florida Statutes 578.011
  • Vegetable seed: means the seed of those crops that are grown in gardens or on truck farms, and are generally known and sold under the name of vegetable seed or herb seed in this state. See Florida Statutes 578.011
(b) In the case of agricultural or vegetable seed for sale or sold at retail, 24 months.
(2) CONDITIONS OF PACKAGING.–The following conditions are considered as minimum:

(a) Hermetically sealed packages or containers.–A container, to be acceptable under the provisions of this section, shall not allow water vapor penetration through any wall, including the wall seals, greater than 0.05 gram of water per 24 hours per 100 square inches of surface at 100°F. with a relative humidity on one side of 90 percent and on the other of 0 percent. Water vapor penetration (WVP) is measured by the standards of the National Institute of Standards and Technology as: gm H2O/24 hr./100 sq. in./100°F/90 percent RH V. 0 percent RH.
(b) Moisture of seed packaged.–The moisture of agricultural or vegetable seed subject to the provisions of this section shall be established by rule of the department.
(3) LABELING REQUIRED.–In addition to the labeling required by s. 578.09, seed packaged under the provisions of this section shall be labeled with the following information:

(a) Seed has been preconditioned as to moisture content.
(b) Container is hermetically sealed.
(c) “Germination test valid until (month, year)” may be used. (Not to exceed 24 months from date of test).
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