Labels for vegetable seeds in containers of one pound or less shall show the following information:

(1)        Name of kind and variety of seed.

(2)        Repealed by Session Laws 2009-455, s. 4, effective October 1, 2009.

(2a)      Lot identification.

(3)        Repealed by Session Laws 2009-455, s. 4, effective October 1, 2009.

(3a)      One of the following, as applicable:

a.         The statement “Packed for (year)” or “Sell by (year).”

b.         The statement “Sell by (month)(year)” where the month and year in which the germination test was complete is no more than 12 months from the date of the test, exclusive of the month and year of the test.

c.         The percentage germination and the calendar month and year that the test was completed to determine the percentage, provided that the germination test was completed within 12 months, exclusive of the month and year of the test.

(4)        For seeds which germinate less than the standards last established by the Commissioner and approved by the Board of Agriculture under the Article:

a.         Percentage of germination, exclusive of hard seed.

b.         Percentage of hard seed, if present.

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

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.

d.         The words “Below Standard” in not less than eight-point type.

(5)        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.

(6)        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. 4; 1995, c. 47, s. 2; 2009-455, s. 4.)

Terms Used In North Carolina General Statutes 106-277.6

  • 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
  • Commissioner: means the Commissioner of Agriculture of North Carolina or his designated agent or agents. 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
  • 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
  • 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
  • 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
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