Utah Code 4-16-202. Distribution of seeds — Germination tests required — Date to appear on label — Seed to be free of noxious weed seed — Special requirements for treated seeds — Prohibitions
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(1) A person in this state may not offer or expose for sale or sowing any seed for sprouting or any agricultural, vegetable, flower, or tree and shrub seed unless:
Terms Used In Utah Code 4-16-202
- Advertisement: means any representation made relative to seeds, plants, bulbs, or ground stock other than those on the label of a seed container, disseminated in any manner. See Utah Code 4-16-102
- 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
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- 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
- Inoculant: means a commercial preparation containing nitrogen-fixing bacteria applied to seed. 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- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. 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
- Treated: means that a seed has received an application of a substance or been subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests that attack seeds or seedlings. See Utah Code 4-16-102
- 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
- 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
(1)(a)(1)(a)(i) for agricultural seed, including mixtures of agricultural seed:(1)(a)(i)(A) a test to determine the percentage of germination has been performed within 18 months, exclusive of the month the seed is tested and the date the seed is offered for sale; and(1)(a)(i)(B) the date of the test appears on the label;(1)(a)(ii) for vegetable, flower, or tree and shrub seed or seed for sprouting:(1)(a)(ii)(A) a test to determine the percentage of germination has been performed within 12 months, exclusive of the month the seed is tested and the date the seed is offered for sale; and(1)(a)(ii)(B) the date of the test appears on the label;(1)(a)(iii) for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed:(1)(a)(iii)(A) a test to determine the percentage of germination has been performed within 36 months, exclusive of the month the seed is tested and the date the seed is offered for sale, or the seed have been retested for germination within nine months, exclusive of the month the seed is retested and the date the seed are offered or exposed for sale; and(1)(a)(iii)(B) the date of the test appears on the label;(1)(b) the package or other container is truthfully labeled and in accordance with Section 4-16-201; and(1)(c) the seed is free of noxious weed seed, subject to any tolerance as may be prescribed by the department through rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(2) The label on any package or container of an agricultural, vegetable, flower, lawn and turf, or tree and shrub seed or seed mixture that has been treated and for which a claim is made on account of the treatment, in addition to the labeling requirements specified in Section 4-16-201, shall:(2)(a) state that the seed have been treated;(2)(b) state the commonly accepted name, generic chemical name, or abbreviated chemical name of the substance used for treatment;(2)(c) state the date beyond which the inoculant is not considered effective, if the seed is treated with an inoculant; and(2)(d)(2)(d)(i) include a caution statement consistent with rules of the department if the treatment substance remains with the seed in an amount which is harmful to vertebrate animals; and(2)(d)(ii) subject to Subsection (2)(d)(i), state in a caution statement for mercurials and similarly toxic substances, as defined by rule of the department, that the seed has been treated with poison with “POISON” printed in red letters on a background of distinctly contrasting color together with a representation of the skull and crossbones.(3) A person may not:(3)(a) use the word “trace” as a substitute for a statement required under this chapter;(3)(b) disseminate any false or misleading advertisement about agricultural, vegetable, flower, or tree and shrub seed or seed for sprouting; or(3)(c) detach, alter, or destroy any label or substitute any seed in a manner that defeats the purpose of this chapter.