Section 20.06. Seed germination; labeling, analysis and standards.

 

(1)   Label information. A seed label that is required to include germination information under s. ATCP 20.04 (1) (j) shall state the following percentages for each declared kind and each declared variety of seed:

(a) The germination percentage.

(b) The hard seed percentage or dormant seed percentage, as appropriate based on the applicable test method under s. ATCP 20.02 .

(2)   Germination analysis; expiration.

(a) Except as provided in par. (b) :

1. The label information under sub. (1) shall be based on a seed germination analysis under s. ATCP 20.02 that is completed within the 12-month period immediately preceding the month in which the seed is sold, offered for sale, or displayed or distributed for sale, except that for lawn or turf seed the label information may be based on a seed germination analysis under s. ATCP 20.02 that is completed within the 15-month period immediately preceding the month in which the seed is sold, offered for sale, or displayed or distributed for sale.

2. Seed on which a germination analysis under subd. 1 has expired may be relabeled with the results of a new germination analysis that complies with subd. 1.

(b) If seed is packaged in a hermetically sealed container as provided in sub. (5) , the label information under sub. (1) may be based on a germination analysis under s. ATCP 20.02 that is completed within the 36-month period immediately preceding the month in which the seed is sold, offered for sale, or displayed or distributed for sale. Seed on which a germination analysis under this paragraph has expired may not be sold, offered for sale, or displayed or distributed for sale unless it has been retested within the 9-month period immediately preceding month in which it is sold, offered for sale, or displayed or distributed for sale, and is re-labeled with the new analysis results and extended expiration date.

(c) A person holding seed on which the germination analysis is no longer valid under this subsection shall withdraw the seed from sale and shall identify it as expired seed until it has been re-analyzed and relabeled by the seed labeler identified on the new label.

(3)   Germination standards for vegetable seed.

(a) Except as provided in par. (b) , the germination percentage for each kind of vegetable seed shall be at least equal to the applicable percentage specified in Table 1.

(b) If the germination percentage for any kind of vegetable seed is less than the applicable percentage specified in Table 1, the vegetable seed shall be labeled with the actual germination percentage and the conspicuous words "Below Standard" in not less than 8-point type.

Table 1

GERMINATION STANDARDS FOR VEGETABLE SEEDS - See PDF for table

Table 1 (continued)

GERMINATION STANDARDS FOR VEGETABLE SEEDS - See PDF for table

Table 1 (continued)

GERMINATION STANDARDS FOR VEGETABLE SEEDS - See PDF for table

(4)   Germination standards for flower seed.

(a) Except as provided in par. (b) or (c) , the germination percentage for each kind of flower seed, as determined by an analysis under s. ATCP 20.02 , shall be at least equal to the applicable percentage specified in Table 2. When calculating the germination percentage for a kind of flower seed marked with an asterisk in Table 2, hard seeds may be counted as if they were germinated seeds.

(b) Except as provided in par. (c) , if the germination percentage for any kind of flower seed is less than the applicable minimum percentage specified in Table 2, the flower seed shall be labeled with the actual germination percentage and the conspicuous words "Below Standard" in not less than 8-point type.

(c) If flower seed is of a kind that is not specifically identified in Table 2, and is of a kind for which no standard germination analysis is prescribed under s. ATCP 20.02 , the flower seed may be labeled with the year of collection and the word "Untested."

Table 2

GERMINATION STANDARDS FOR FLOWER SEED - See PDF for table

Table 2 (continued)

GERMINATION STANDARDS FOR FLOWER SEED - See PDF for table

Table 2 (continued)

GERMINATION STANDARDS FOR FLOWER SEED - See PDF for table

Table 2 (continued)

GERMINATION STANDARDS FOR FLOWER SEED - See PDF for table

(5)   Seed packaged in hermetically sealed containers. Seed is deemed to be packaged in a hermetically sealed container for purposes of sub. (2) (b) if all of the following apply:

(a) The seed was subjected to a germination analysis under s. ATCP 20.02 and packaged within 9 months after harvest.

(b) The seed is packaged in a sealed container that does not allow water vapor penetration, through any wall or seal, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees Fahrenheit with a relative humidity on one side of 90 percent and on the other side of 0 percent.

(c) The container under par. (b) is conspicuously labeled to indicate all of the following:

1. The container is hermetically sealed.

2. The seed in the container has been preconditioned as to moisture content.

(d) The moisture content of the seed, as packaged in the container under par. (b) , does not exceed the applicable percentage by weight of moisture specified for that seed in Table 3.

Table 3

PERCENT MOISTURE OF SEED PACKED

IN HERMETICALLY SEALED CONTAINER - See PDF for table

Table 3 (continued)

PERCENT MOISTURE OF SEED PACKED

IN HERMETICALLY SEALED CONTAINER - See PDF for table

History: EmR1049 : emerg. cr., eff. 1-1-11; CR 10-107 : cr. Register June 2011 No. 666 , eff. 7-1-11; corrections in (4) (b), (c) made under s. 13.92 (4) (b) 7. , Stats., Register June 2011 No. 666 .