(1) A container of seed that is transported, sold, offered, or exposed for sale within this state shall bear on the container or have attached to the container a printed label that:

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Terms Used In Utah Code 4-16-201

  • Agricultural seed: includes :
         (2)(a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed;
         (2)(b) lawn seed;
         (2)(c) combinations of the seed described in Subsections (2)(a) and (2)(b); and
         (2)(d) noxious weed seed, if the department determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being used as agricultural seed. See Utah Code 4-16-102
  • Coated seed: means seed that has been covered by a layer of materials that obscure the original shape and size of the seed resulting in an increase of the weight of the seed. See Utah Code 4-16-102
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Dormant: means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. See Utah Code 4-16-102
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Flower seed: includes the seed of herbaceous plants that are:
         (11)(a) grown for their blooms, ornamental foliage, or other ornamental parts; and
         (11)(b) commonly known and sold under the name of flower or wildflower seed in this state. See Utah Code 4-16-102
  • Germination: means the emergence and development from the seed embryo of those essential structures that are, for the kind of seed in question, indicative of the ability to produce a normal plant under favorable conditions expressed in whole numbers. See Utah Code 4-16-102
  • Inert matter: means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule. See Utah Code 4-16-102
  • Kind: means one or more related species or subspecies of seed that singly or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy. See Utah Code 4-16-102
  • Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102
  • Labeling: includes a tag or other device attached to, written, stamped, or printed on a container or accompanying a lot of bulk seeds that:
         (21)(a) claims to specify the information required on the seed label by this chapter; and
         (21)(b) may include other information related to the labeled seed. See Utah Code 4-16-102
  • Lot: means a definite quantity of seed identified by a number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Utah Code 4-16-102
  • mixed: means seed consisting of more than one kind, each in excess of 5% by weight of the whole. See Utah Code 4-16-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mulch: means a protective covering of a suitable substance placed with seed that:
         (24)(a) acts to retain sufficient moisture to support seed germination and sustain early seedling growth;
         (24)(b) aids in the prevention of the evaporation of soil moisture;
         (24)(c) aids in the control of weeds; and
         (24)(d) aids in the prevention of erosion. See Utah Code 4-16-102
  • Origin: means :
         (27)(a) for an indigenous stand of trees, the area on which the trees are growing; and
         (27)(b) for a nonindigenous stand of trees, the place from which the seeds or plants originated. See Utah Code 4-16-102
  • Other crop seed: means the seed of plants grown as crops other than the kind or variety included in the pure seed, as determined by methods defined by rule. See Utah Code 4-16-102
  • Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102
  • Pure seed: means seed exclusive of inert matter and all other seed not of the seed being considered as determined by methods defined by rule. See Utah Code 4-16-102
  • Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102
  • Sowing: means the placement of agricultural seed, vegetable seed, flower seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of obtaining plant growth. See Utah Code 4-16-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Tree and shrub seed: includes seed of woody plants commonly known and sold as tree and shrub seeds in this state. See Utah Code 4-16-102
  • Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Utah Code 4-16-102
  • Variety: means a subdivision of a kind that is:
         (41)(a) distinct, meaning a variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge;
         (41)(b) uniform, meaning that variations in essential and distinctive characteristics are describable; and
         (41)(c) stable, meaning a variety's essential and distinctive characteristics and uniformity will remain unchanged when reproduced or reconstituted as required by the category of variety. See Utah Code 4-16-102
  • Vegetable seed: includes the seed of those crops that are:
         (42)(a) grown in gardens or on truck farms; and
         (42)(b) generally known and sold under the name of vegetable or herb seed in this state. See Utah Code 4-16-102
  • Weed seed: means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule. See Utah Code 4-16-102
  • Weight: means the net weight of the commodity. See Utah Code 4-16-102
     (1)(a) is in a conspicuous place;
     (1)(b) is plainly written in the English language;
     (1)(c) is in type no smaller than eight point;
     (1)(d) specifies the information required by this chapter; and
     (1)(e) does not modify or deny the information required by this chapter in the labeling or on another label attached to the container.
(2) A container of agricultural seed offered or exposed for sale or transported for sowing into this state shall be labeled with the following information:

     (2)(a) name of the kind and variety for each seed component in excess of 5% of the whole and the percentage by weight of each component in the order of its predominance in columnar form, provided that:

          (2)(a)(i) the label shall specify the name of the variety or state “Variety Not Stated” or “VNS,” for any component that is required by rule of the department to be labeled as a variety;
          (2)(a)(ii) a hybrid shall be labeled as a hybrid;
          (2)(a)(iii) the word “mix,” “mixture,” or “blend” shall appear, if more than one component is required to be named; and
          (2)(a)(iv) the total of the percentages described in Subsections (2)(a), (2)(d), (2)(e), and (2)(f) shall equal 100%;
     (2)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
     (2)(c) lot number or other lot identification;
     (2)(d) percentage by weight of all weed seeds;
     (2)(e) percentage by weight of agricultural or crop seeds other than those named on the label pursuant to Subsection (2)(a);
     (2)(f) percentage by weight of inert matter;
     (2)(g) name and rate of occurrence per pound of each kind of restricted noxious weed seed present for which tolerance is permitted;
     (2)(h) origin, if known, of alfalfa, red clover, white clover, or field corn seed, except hybrid corn, and, if the origin is unknown, that fact shall be stated;
     (2)(i) month and year seed tests were conducted for each named agricultural seed, specifying:

          (2)(i)(i) percentage of germination, exclusive of hard or dormant seed; and
          (2)(i)(ii) percentage of hard or dormant seed, if present; and
     (2)(j) net weight or seed count.
(3) A container of lawn and turf seed or lawn and turf seed mixture offered or exposed for sale or transported for sowing into this state shall be labeled with the following information:

     (3)(a) name of the kind and variety for each lawn and turf seed component in excess of 5% of the whole, and the percentage by weight of each component in the order of its predominance in columnar form, provided that:

          (3)(a)(i) the label shall specify the name of the variety or state “Variety Not Stated” or “VNS,” for any component that is required by rule of the department to be labeled as a variety;
          (3)(a)(ii) a hybrid shall be labeled as a hybrid; and
          (3)(a)(iii) the total of the percentages described in Subsections (3)(a), (3)(d), (3)(e), and (3)(f) shall equal 100%;
     (3)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
     (3)(c) lot number or other lot identification;
     (3)(d) percentage by weight of all weed seeds;
     (3)(e) percentage by weight of agricultural or crop seeds other than those named on the label pursuant to Subsection (3)(a);
     (3)(f) percentage by weight of inert matter;
     (3)(g) name and rate of occurrence per pound of each kind of restricted noxious weed seed present for which tolerance is permitted;
     (3)(h) month and year seed tests were conducted for each named lawn and turf seed, specifying:

          (3)(h)(i) percentage of germination, exclusive of hard or dormant seed; and
          (3)(h)(ii) percentage of hard or dormant seed, if present;
     (3)(i) the word “mix,” “mixture,” or “blend,” if more than one component is required to be named; and
     (3)(j) net weight or seed count.
(4) Vegetable seed in packets of one pound or less prepared for home gardens or household plantings or vegetable seed preplanted in containers, mats, tapes, or other planting devices shall be labeled with the following information:

     (4)(a) name of the kind and variety of seed, provided that a hybrid shall be labeled as a hybrid;
     (4)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
     (4)(c)

          (4)(c)(i) calendar month and year the germination test was completed and sell by date, which may not be more than 12 months past the date of the germination test exclusive of the month of test;
          (4)(c)(ii) year for which the seed was packaged for sale, stated as “Packed for yy,” or year of the seed sell by date, stated as “Sell by yy”; or
          (4)(c)(iii) calendar month and year the germination test was completed and the percentage germination, provided that the germination test was completed within the previous 12 months exclusive of the month of test;
     (4)(d) seed with germination less than the germination standard last established for the seed by the department shall specify the:

          (4)(d)(i) percentage of germination, exclusive of hard or dormant seed;
          (4)(d)(ii) percentage of hard or dormant seed, if present; and
          (4)(d)(iii) words “Below Standard” in not less than eight-point type;
     (4)(e) statement to indicate the minimum number of seeds or net weight in the container, if the seed are placed in a germination medium, mat, tape, or other device that makes it difficult to determine the quantity of the seed without removing the seed;
     (4)(f) lot number or other lot identification;
     (4)(g) the word “mix,” “mixture,” or “blend,” if more than one component is required to be named; and
     (4)(h) net weight or seed count.
(5) Vegetable seed not described in Subsection (4) shall be labeled with the following information:

     (5)(a) name of each kind and variety present in excess of 5% of the whole and the percentage by weight of each in order of its predominance in columnar form, provided that a hybrid shall be labeled as a hybrid;
     (5)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
     (5)(c) lot number or other lot identification;
     (5)(d) month and year seed tests were conducted, for each named vegetable seed, specifying the:

          (5)(d)(i) percentage of germination, exclusive of hard or dormant seed; and
          (5)(d)(ii) percentage of hard or dormant seed, if present;
     (5)(e) name and rate of occurrence per pound of each kind of restricted noxious-weed seed for which tolerance is permitted;
     (5)(f) the word “mix,” “mixture,” or “blend,” if more than one component is required to be named; and
     (5)(g) net weight or seed count.
(6) A flower seed packet of one pound or less prepared for use in home flower gardens or household plantings or flower seed in preplanted containers, mats, tapes, or other planting devices shall be labeled with the following information:

     (6)(a) name of the kind and variety or a statement of type and performance characteristics of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that:

          (6)(a)(i) a hybrid shall be labeled as a hybrid; and
          (6)(a)(ii) the word “mix,” “mixture,” or “blend” shall appear, if more than one component is required to be named;
     (6)(b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
     (6)(c)

          (6)(c)(i) calendar month and year the germination test was completed and the sell by date, which may not be more than 12 months past the date of the germination test exclusive of the month of the test;
          (6)(c)(ii) year for which the seed was packed for sale, stated as “Packed for yy,” or year of the seed sell by date, stated as “Sell by yy”; or
          (6)(c)(iii) calendar month and year the germination test was completed and percentage germination, provided that the germination test was completed within the previous 12 months exclusive of the month of the test;
     (6)(d) seed with germination less than the germination standard last established by the department shall specify the:

          (6)(d)(i) percentage of germination, exclusive of hard or dormant seed;
          (6)(d)(ii) percentage of hard or dormant seed, if present; and
          (6)(d)(iii) words “Below Standard” in not less than eight-point type; and
     (6)(e) statement to indicate the minimum number of seeds or net weight in the container, if the seeds are placed in a germination medium, mat, tape, or other device that makes it difficult to determine the quantity of seed without removing the seed.
(7) Flower seed not described in Subsection (6) offered or exposed for sale in this state shall be labeled with the following information:

     (7)(a) name of the kind and variety or statement of the type and performance characteristics of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that:

          (7)(a)(i) a hybrid shall be labeled as a hybrid; and
          (7)(a)(ii) the word “mix,” “mixture,” or “blend” shall appear, if more than one component is required to be named;
     (7)(b) genus and species of wildflower and the subspecies, if appropriate, of wildflower;
     (7)(c) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
     (7)(d) lot number or other lot identification;
     (7)(e) percentage of germination, exclusive of hard or dormant seed;
     (7)(f) percentage of hard or dormant seed, if present;
     (7)(g) calendar month and year that testing was completed to determine percentages described in Subsections (7)(e) and (7)(f);
     (7)(h) net weight or seed count; and
     (7)(i) wildflower seed with a pure seed percentage of less than 90% shall specify the percentage by weight of:

          (7)(i)(i) each component listed in order of predominance;
          (7)(i)(ii) weed seed if present; and
          (7)(i)(iii) inert matter.
(8) A container of tree and shrub seed that is sold, offered, or exposed for sale or transported for sowing into this state shall:

     (8)(a) bear a label as required by Subsection (1), unless:

          (8)(a)(i) each bag or other container is clearly identified by a lot number stenciled on the container or the seed is in bulk; and
          (8)(a)(ii) under a contractual agreement the seed may bear a label by invoice accompanying the shipment or an analysis tag attached to the invoice; and
     (8)(b) bear on the label the following information:

          (8)(b)(i) name of the seed and name of the subspecies, if appropriate;
          (8)(b)(ii) scientific name of the genus and species and scientific name of the subspecies, if appropriate;
          (8)(b)(iii) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
          (8)(b)(iv) lot number or other lot identification;
          (8)(b)(v) information as to origin as follows:

               (8)(b)(v)(A) seed collected from a predominantly indigenous stand shall specify the area of collection given by latitude and longitude, geographic description, or political subdivision such as state or county; and
               (8)(b)(v)(B) seed collected from other than a predominantly indigenous stand shall specify identity of the area of collection and the origin of the stand or state “origin not indigenous”;
          (8)(b)(vi) elevation or the upper and lower limits of elevation within which the seed was collected;
          (8)(b)(vii) purity as a percentage of pure seed by weight;
          (8)(b)(viii) percentage of germination, exclusive of hard or dormant seed;
          (8)(b)(ix) percentage of hard or dormant seed, if present;
          (8)(b)(x) calendar month and year the germination test was completed to determine percentages described in Subsections (8)(b)(viii) and (8)(b)(ix);
          (8)(b)(xi) the word “mix,” “mixture,” or “blend” shall appear, if more than one component is required to be named; and
          (8)(b)(xii) net weight.
(9) A container of seed for sprouting that is offered or exposed for sale or transported for sowing into this state shall be labeled with the following information:

     (9)(a) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state;
     (9)(b) name of the kind or kinds in order of predominance;
     (9)(c) lot number or other identification;
     (9)(d) percentage by weight of each pure seed component in excess of 5% of the whole, other crop seeds, inert matter, and weed seeds, if any;
     (9)(e) percentage of germination of each pure seed component, exclusive of hard or dormant seed;
     (9)(f) percentage of hard or dormant seed, if present;
     (9)(g) calendar month and year the test was completed to determine percentages described in Subsections (9)(d) through (9)(f) or the year for which the seed was packaged;
     (9)(h) the word “mix,” “mixture,” or “blend,” if more than one component is required to be named; and
     (9)(i) net weight or seed count.
(10) A combination mulch, seed, and fertilizer product shall:

     (10)(a) contain a minimum of 70% mulch;
     (10)(b) bear a label with the word “combination” followed by the words “mulch – seed – fertilizer” on the upper 30% of the principal display panel, provided that the:

          (10)(b)(i) word “combination” shall be the largest and most conspicuous type on the container and equal to or larger than the product name; and
          (10)(b)(ii) words “mulch – seed – fertilizer” shall be no smaller than one-half the size of the word “combination” and in close proximity to the word “combination”; and
     (10)(c) bear an analysis label for seed placed in a germination medium, mat, tape, or other device or mixed with mulch, specifying the following information:

          (10)(c)(i) name of each kind and variety;
          (10)(c)(ii) product name;
          (10)(c)(iii) lot number;
          (10)(c)(iv) percentage by weight of pure seed of each kind and variety named, including those less than 5% of the whole, provided that the total of the percentages described in Subsections (10)(c)(iv) through (10)(c)(vii) shall equal 100%;
          (10)(c)(v) percentage by weight of other crop seed;
          (10)(c)(vi) percentage by weight of inert matter, which may not be less than 70%;
          (10)(c)(vii) percentage by weight of weed seed;
          (10)(c)(viii) name and number of noxious weed seed per pound, if present;
          (10)(c)(ix) percentage of germination of each kind or kind and variety named;
          (10)(c)(x) percentage hard or dormant seed, if appropriate;
          (10)(c)(xi) date of germination test;
          (10)(c)(xii) name and address of tagger; and
          (10)(c)(xiii) net weight.
(11) A product containing a combination of seed and granular fertilizer shall be labeled with the following information:

     (11)(a) the word “combination” followed by the words “seed-fertilizer” on the upper 30% of the principal display panel provided that:

          (11)(a)(i) the word “combination” must be the largest and most conspicuous type on the container and equal to or larger than the product name; and
          (11)(a)(ii) the words “seed-fertilizer” shall be no smaller than one-half the size of the word “combination” and in close proximity to the word “combination”; and
     (11)(b) an analysis label specifying the information listed in Subsection (10)(c) and the percentage by weight of the fertilizer, listed on a separate line as a component of the inert matter.
(12) Coated seed shall be labeled with the:

     (12)(a) information required by Subsections (2)(a) through (2)(e) and (2)(g);
     (12)(b) percentage by weight of pure seed exclusive of coating material;
     (12)(c) percentage by weight of coating material;
     (12)(d) percentage by weight of inert material exclusive of coating material; and
     (12)(e) percentage of germination, determined on 400 pellets with or without seed.
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