Montana Code 80-5-123. Label requirements for agricultural, vegetable, flower, and indigenous seeds
80-5-123. Label requirements for agricultural, vegetable, flower, and indigenous seeds. (1) Each container of agricultural, vegetable, flower, and indigenous seeds sold in this state for sowing purposes must bear a conspicuous, unaltered label or tag, plainly written or printed in English. Bulk sales must be accompanied by the required label information, which must be given to the seed purchaser. The following information, which may not be modified or denied in the labeling or on another label attached to the container, must be included on a label:
Terms Used In Montana Code 80-5-123
- Bulk: means not packaged in separate units. See Montana Code 80-5-120
- Germination: means the emergence and development from the seed embryo as evidence of vitality when the seeds are subjected to the proper moisture and temperature conditions with proper aeration for the customary length of time for each specific kind of seed, as specified in the rules for seed testing adopted by the association of official seed analysts. See Montana Code 80-5-120
- Indigenous seeds: means the seeds of those plants that are naturally adapted to an area where the intended use is for revegetation of disturbed sites. See Montana Code 80-5-120
- Kind: means one or more related species or subspecies that are known singly or collectively by one common name, such as corn, oats, alfalfa, and timothy. See Montana Code 80-5-120
- Labeling: means a tag or other device, attached to or written, stamped, or printed on a container or accompanying a lot of bulk seeds, that purports to set forth the information required on the seed label under 80-5-123 and that may include any other information relating to the labeled seed. See Montana Code 80-5-120
- Seed labeler: means a person affixing labels to seeds, with that person's name, address, and other information as required in 80-5-123. See Montana Code 80-5-120
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Treated: means that seed has received an application of a substance or has been subjected to a process for which a claim is made. See Montana Code 80-5-120
- Variety: means a subdivision of a kind that is:
(a)distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;
(b)uniform, in the sense that the variations in essential and distinctive characteristics are describable; and
(c)stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. See Montana Code 80-5-120
(a)name and address of the seed labeler;
(b)lot number identification;
(c)germination rate and date of germination test or a notation of the year for which the seed was packaged for sale;
(d)state or country of origin;
(e)notice calling attention to the requirement for alternative dispute resolution under 80-5-501; and
(f)seed kind or variety. The department shall establish rules specifying the kinds of seed for which variety must be stated and the kinds of seeds for which the variety may be stated and when the words “variety not stated” may be used. Kinds of seeds not listed by department rule may be stated as kind only or as kind and variety.
(2)In addition to the required label information listed in subsection (1), the department shall establish by rule additional label requirements for agricultural seed, including grass, lawn, and turf seed, and for vegetable, flower, and indigenous seeds. The additional label requirements may include:
(a)percentage of kind or variety of each seed component present in a container;
(b)percentage of weed seed present, both restricted and common weed seed;
(c)amount of inert material present;
(d)warnings for treated seed; and
(e)requirements for coated seed, inoculated seed, seed that is below standard, seed sold in bulk, hybrid seed, seed mixtures, and seed in containers, mats, tapes, and other planting devices.