Delaware Code Title 3 Sec. 1503 – Label requirements; tree and shrub seeds
(a) (1) In addition to the information required under § 1502 of this title, each container of tree and shrub seed must contain all of the information under this section.
(2) Tree and shrub seed supplied under a contractual agreement may be labeled by an invoice accompanying the shipment or by an analysis tag attached to the invoice, if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not identified by a lot number must carry complete labeling under this section.
Terms Used In Delaware Code Title 3 Sec. 1503
- 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
- 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
- Origin: means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown. See Delaware Code Title 3 Sec. 1501
- Person: includes any individual, partnership, corporation, company, society, or association. See Delaware Code Title 3 Sec. 1501
- Pure seed: means seed exclusive of inert matter and other seeds, as determined by methods under regulations promulgated under this chapter. 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
- Tree and shrub seeds: includes seeds of woody plants commonly known and sold as tree and shrub 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) The label for all tree and shrub seeds must provide all of the following:
(1) The common name of the species of seed, and subspecies, if appropriate.
(2) The scientific name of the genus and species, and subspecies if appropriate.
(3) Lot number or other lot identification.
(4) Origin, as follows:
a. For seed collected from a predominantly indigenous stand, the area of collection by latitude and longitude, geographic description, or political subdivision, such as state or county.
b. For seed collected from other than a predominantly indigenous stand, state either of the following:
1. The area of collection and the origin of the stand.
2. “Origin not Indigenous.”
(5) The elevation or the upper and lower limits of elevation within which the seed was collected.
(6) Purity as a percentage of pure seed by weight.
(7) For seeds of species for which standard germination testing procedures are prescribed by the Department, all of the following:
a. Percentage 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 (b)(7)a. through (b)(7)b. of this section.
(8) For seeds of species for which standard germination testing procedures are prescribed by the Department and the germination testing has not been completed, the following statement: “Test is in process, results will be supplied upon request.”
(9) For seeds of species for which standard germination testing procedures have not been prescribed under this chapter, the calendar year in which the seed was collected.
(10) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.
3 Del. C. 1953, § ?1502A; 57 Del. Laws, c. 147; 57 Del. Laws, c. 764, § ?6; 83 Del. Laws, c. 527, § 2;