Delaware Code Title 3 Sec. 1502C – Label requirements; flower seeds
(a) In addition to the information required under § 1502 of this title, each container of flower seeds must contain all of the following information:
(1) The name of the kind and variety or a statement of type and performance characteristics.
(2) On each container, lot number or other lot identification.
(3) For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard established under this chapter, all of the following:
a. Percentage of germination, exclusive of hard seed.
b. Percentage of hard seed, if present.
c. The words “below standard”, in not less than 8-point font.
d. The month and calendar year the germination test was completed.
Terms Used In Delaware Code Title 3 Sec. 1502C
- Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State. See Delaware Code Title 3 Sec. 1501
- Germination: means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts. See Delaware Code Title 3 Sec. 1501
- Hard seed: means the percentage of seeds which, because of hardness or impermeability, do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned. See Delaware Code Title 3 Sec. 1501
- Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy. See Delaware Code Title 3 Sec. 1501
- Lot: means a definite quantity of seed identified by a lot number or other mark, in which every portion or bag is uniform within recognized tolerances for the factors in the labeling. See Delaware Code Title 3 Sec. 1501
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Delaware Code Title 3 Sec. 1501
- Variety: means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) In addition to the information required under § 1502 of this title, flower seeds in packets prepared for use in home flower gardens or household plantings or flower seeds in pre-planted containers, mats, tapes, or other planting devices, must contain all of the following information:
(1) The month and calendar year the germination test was completed.
(2) The statement “Sell by” followed by a date that is no more than 12 months from the date of the germination test, exclusive of the month of the test, or state the percentage of germination and the month and calendar year the test was completed, provided that the test must have been completed within 12 months, exclusive of the month of test.
(3) For seeds placed in a germination medium, mat, tape, or other device in such a way that makes it difficult to determine the quantity of seed without removing the seeds, a statement that indicates the minimum number of seeds in the container.
(c) In addition to the information required under § 1502 of this title, each container of flower seeds for which standard testing procedures are prescribed and that weigh more than 1 ounce in containers other than packets prepared for use in home flower gardens or household plantings and other than pre-planted containers, mats, tapes, or other planting devices, must contain all of the following information:
(1) The percentage of germination, exclusive of hard seed.
(2) The percentage of hard seed, if present.
(3) The month and calendar year the test was completed to determine the percentages under paragraphs (c)(1) through (c)(2) of this section.
36 Del. Laws, c. 91, § ?2; Code 1935, § ?656; 44 Del. Laws, c. 66, §§ ?1, 3; 3 Del. C. 1953, § ?1502; 52 Del. Laws, c. 70, § ?1; 57 Del. Laws, c. 147, § ?1; 57 Del. Laws, c. 764, § ?6; 65 Del. Laws, c. 104, § ?2; 83 Del. Laws, c. 527, § 1;