Vegetable seeds in containers of more than one pound shall be labeled to show the following information:

(1)        The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance.

(2)        Lot identification.

(3)        Repealed by Session Laws 2009-455, s. 5, effective October 1, 2009.

(4)        For each named vegetable seed:

a.         The percentage of germination exclusive of hard seed.

b.         The percentage of hard seed, 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.

(5)        Net weight, except when in bulk as defined in this Article.

(6)        Name and address of persons 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.

(7)        No tag or label shall be required, unless requested, on seeds sold directly to and in the presence of the purchaser and taken from a bag or container properly labeled.

(8)        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. 5; 1995, c. 47, s. 3; 2009-455, s. 5.)

Terms Used In North Carolina General Statutes 106-277.7

  • 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
  • in bulk: refers to loose seed in bins, or open containers, and not to seed in bags or packets. 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
  • 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
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