Agricultural seeds sold, offered or exposed for sale, transported for sale, or otherwise distributed within this State shall be labeled to show the following information:

(1)        The commonly accepted name of the kind and the variety, or kind and the phrase “variety not stated” for each agricultural seed component, in excess of five percent (5%) of the whole, and the percentage by weight of each in order of its predominance. The Board of Agriculture may, pursuant to N.C. Gen. Stat. § 106-277.15, require the variety to be stated on the labeling for certain kinds of agricultural seed, and the phrase “variety not stated” shall not be used on the labeling of such seed. When more than one component is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label. Second generation from hybrid seeds, if sold, shall be labeled “second generation (of the parent), variety not stated.” “F” designations on labels, unless used as a part of a variety name, will refer only to size and shape of corn seeds.

(2)        Lot identification.

(3)        Net weight.

(4)        Origin, if known. If the origin is unknown, the fact shall be stated.

(5)        Percentage by weight of inert matter.

(6)        Percentage by weight of agricultural seeds and/or vegetable seeds (which shall be designated as “other crop seeds”) other than those named on the label. Different varieties of the same kind of seed, when in quantities of less than five percent (5%) will be considered as other crop seed.

(7)        Percentage by weight of all weed seeds, including noxious-weed seeds.

(8)        For each named agricultural seed:

a.         Percentage of germination, exclusive of hard seed.

b.         Percentage of hard seeds, if present.

c.         The calendar month and year the test was completed to determine such percentages.

In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired.

(9)        The name and number per pound of each kind of restricted noxious-weed seed present.

(10)      Name and address of person who labeled said seed or who sells, offers or exposes said seed for sale within this State. If the seeds are labeled by the shipper for a consignee within this State, the shipper may use his approved code designation with the name and address of the consignee.

(11)      Such other information as the Board shall prescribe by rule. ?(1941, c. 114, s. 4; 1943, c. 203, s. 2; 1945, c. 828; 1949, c. 725; 1959, c. 585, s. 1; 1963, c. 1182; 1971, c. 637, s. 3; 1987 (Reg. Sess., 1988), c. 1034, s. 6; 1995, c. 47, s. 1; 2009-455, s. 3.)

Terms Used In North Carolina General Statutes 106-277.5

  • agricultural seeds: shall include the seed of grass, forage, cereal, fiber crops and any other kinds of seeds commonly recognized within this State as agricultural or field seeds, lawn seeds and mixtures of such seeds, and may include noxious-weed seeds when the Commissioner determines that such seed is being used as agricultural seed. See North Carolina General Statutes 106-277.2
  • Board: means the North Carolina Board of Agriculture as established under N. See North Carolina General Statutes 106-277.2
  • code designation: means a series of numbers or letters approved by the United States Department of Agriculture and used in lieu of the full name and address of the person who labels seeds, as required in this Article in N. See North Carolina General Statutes 106-277.2
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • germination: means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions. See North Carolina General Statutes 106-277.2
  • hard seeds: means seeds which, because of hardness or impermeability, do not absorb moisture and germinate but remain hard during the normal period of germination. See North Carolina General Statutes 106-277.2
  • hybrid: means the first generation seed of a cross produced by controlling cross-fertilization within prescribed limits and combining (i) two or more inbred lines or clones, or (ii) one or more inbred lines or clones with an open-pollinated variety, or (iii) two or more varieties or species, clonal or otherwise, except open-pollinated varieties of normally cross-fertilized species. See North Carolina General Statutes 106-277.2
  • inert matter: means all matter not seeds, including broken seeds, sterile florets, chaff, fungus bodies, stones and other substances found not to be seed when examined according to procedures prescribed by rules and regulations promulgated pursuant to the provisions of this Article. See North Carolina General Statutes 106-277.2
  • kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, wheat, striate lespedeza, alfalfa, tall fescue. See North Carolina General Statutes 106-277.2
  • labeling: includes all labels and other written, printed or graphic representations in any manner whatsoever accompanying and pertaining to any seed whether in bulk or in containers and includes representations on invoices. See North Carolina General Statutes 106-277.2
  • lot: means a definite quantity of seed, identified by a lot number or other identification, which shall be uniform throughout for the factors which appear on the label. See North Carolina General Statutes 106-277.2
  • month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
  • origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See North Carolina General Statutes 106-277.2
  • person: shall include any individual, partnership, corporation, company, society or association. See North Carolina General Statutes 106-277.2
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • variety: means a subdivision of a kind characterized by growth, plant, fruit, seed or other constant characteristics by which it can be differentiated in successive generations from other sorts of the same kind; for example, Knox Wheat, Kobe Striate Lespedeza, Ranger Alfalfa, Kentucky 31 Tall Fescue. See North Carolina General Statutes 106-277.2
  • vegetable seeds: shall include the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seed in this State. See North Carolina General Statutes 106-277.2
  • weed seeds: means the seeds, bulblets or tubers of all plants generally recognized as weeds within this State or which may be classified as weed seed by regulations promulgated under this Article. See North Carolina General Statutes 106-277.2
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