Delaware Code Title 3 Sec. 1502B – Label requirements; vegetable seeds
(a) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of 1 pound or less must contain all of the following information:
(1) Name of kind and variety of seed.
(2) Lot number or other lot identification.
(3) For seeds which germinate less than the standard established by the Department, all of the following:
a. Percentage of germination, exclusive of hard seed.
b. Percentage of hard seed, if present.
c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (a)(3)a. through (a)(3)b. of this section.
d. The words “below standard” in not less than 8-point font.
(4) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.
(5) The statements “Sell by” and “Packed for” for the calendar year in which they are being offered for sale, followed by the applicable dates.
Terms Used In Delaware Code Title 3 Sec. 1502B
- Department: means the Department of Agriculture. 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
- Labeling: means all labels, in any form, including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices. 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
- Person: includes any individual, partnership, corporation, company, society, or association. See Delaware Code Title 3 Sec. 1501
- 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
- Variety: means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:
- Vegetable seeds: includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State. See Delaware Code Title 3 Sec. 1501
- 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, each container of vegetable seeds in containers of more than 1 pound must contain all of the following information:
(1) The name of each kind and variety present in excess of 5% of the weight of the whole.
(2) The percentages by weight of each kind and variety under paragraph (b)(1) of this section, in order of predominance.
(3) Lot number or other lot identification.
(4) All of the following for each named vegetable seed:
a. The percentage of germination, exclusive of hard seed.
b. The percentage of hard seed, if present.
c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(4)a. through (b)(4)b. of this section.
(5) Name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State.
(6) The statement “Sell by” followed by a date that is no more than 9 months from the date of the germination test, exclusive of the month of the test.
(7) The labeling requirements for vegetable seeds in containers of more than 1 pound under this subsection are deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.
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;