                                 CODE OF VIRGINIA

LABELING AND ADVERTISING REQUIREMENTS (§ 3.2-4008)

A. All seed sold, offered for sale, transported, or advertised for planting
purposes and all screenings shall bear or have attached in a conspicuous place a
plainly written or printed label in the English language that provides the
following information without further modification or denial in the labeling or
advertisement.

B. For treated seed:

   1. A word or statement indicating that the seed has been treated;

   2. The commonly accepted chemical or generic name of the applied substance or
   treatment; and

   3. A caution statement such as &#8220;Do not use for food or feed or oil
   purposes&#8221; if any substance in the amount present is harmful to human or
   other vertebrate animals. The caution for mercurials and similar toxic
   substances shall be a poison statement or symbol.

C. For agricultural seeds:

   1. The recognized name of each kind (or kind and variety if that kind has been
   adopted by the Board pursuant to subdivision 6 of &#xA7; 3.2-4001) of
   agricultural seed component in excess of five percent of the whole and the
   percentage by weight in order of predominance. Mixtures and agricultural seed
   may be sold by kind name if the seed is not for the production of an
   agricultural crop and the label clearly indicates &#8220;NOT FOR AGRICULTURAL
   PRODUCTION&#8221;;

   2. The word &#8220;mixture&#8221; or &#8220;mixed&#8221; shall appear
   conspicuously on the label if the guarantor is required to name more than one
   agricultural seed component;

   3. The lot number or other lot identification;

   4. The origin, if known; if not known, that fact shall be stated;

   5. The percentage by weight of all weed seeds;

   6. The name and number per ounce, pound, or metric equivalent of each kind of
   restricted noxious-weed seed present, subject to subdivision 1 e of &#xA7;
   3.2-4015;

   7. The percentage by weight of agricultural and vegetable seeds other than the
   kind or kind and variety named on the label. Such information may be
   designated as &#8220;other crop seed,&#8221; &#8220;other variety,&#8221; or
   as both;

   8. The percentage by weight of inert matter;

   9. For each named agricultural seed:
   				a. The percentage of germination, exclusive of hard or dormant seed;
   				b. The percentage of any hard or dormant seed;
   				c. The month and year the test was completed to determine such
   percentages;
   				d. The &#8220;total germination and hard seed&#8221; may be stated
   following the information required by subdivisions a and b; and
   				e. The guarantor shall state separately on the label the percent of
   dormant seed.

   10. The recognized hybrid designation for all hybrids;

   11. The quantity statement; and

   12. The code designation of the person who transports or delivers for
   transportation said seed in interstate commerce and the name and address of:
   (i) the person who sells, labels, or offers the seed for sale; or (ii) the
   person to whom the seed is sold or shipped for resale.

D. For vegetable seeds in containers of one half pound or less:

   1. The name of kind and variety of seed;

   2. The year packeted or put up, provided that the words &#8220;packed
   for&#8221; shall precede the year, or the percentage of germination and the
   month and year the test was completed to determine such percentage;

   3. The quantity statement, except as provided by appropriate regulations;

   4. The name and address of the person who labels, sells, or offers to sell the
   seed; and

   5. For the seeds that germinate less than the standard last established by
   regulations:
   				a. The percentage of germination, exclusive of hard or dormant seed;
   				b. The percentage of any hard or dormant seed;
   				c. The month and year the test was completed to determine the percentages
   in subdivisions a and b;
   				d. The &#8220;total germination and hard seed&#8221; may be stated
   following the information in subdivisions a and b;
   				e. The guarantor shall state separately on the label the percentage of
   dormant seed; and
   				f. The words &#8220;below standard&#8221; in not less than eight-point
   type.

E. For vegetable seeds in bulk or in containers of more than one half pound:

   1. The name of each kind and variety present in excess of five percent of the
   whole and the percentage by weight of each in order of its predominance;

   2. The lot number or other lot identification;

   3. For each named kind and variety:
   				a. The percentage of germination exclusive of hard or dormant seed;
   				b. The percentage of any hard or dormant seed;
   				c. The month and year the test was completed to determine the percentages
   in subdivisions a and b;
   				d. The &#8220;total germination and hard seed&#8221; may be stated; and
   				e. The guarantor shall state separately on the label the percent of
   dormant seed.

   4. The quantity statement, except when in bulk;

   5. The name and address of the person who labels, sells, or offers to sell the
   seed; and

   6. The labeling requirements of subdivisions 1 through 5 for vegetable seeds
   sold from open containers shall be deemed to have been met if the seed is
   weighed from a properly labeled container in the presence of the purchaser.

F. Seeds or screenings offered for sale or distribution must be plainly labeled
to indicate that such seeds or screenings are not for planting purposes if
containing more than: (i) two percent by weight weed seeds; or (ii) prohibited
noxious-weed seeds and restricted noxious-weed seeds in excess of the amounts
prescribed by regulations.

G. For seeds in preplanted containers, mats, tapes, or other planting devices:

   1. For flower seeds:
   				a. The name of the kind and variety or a statement of type and performance
   characteristics, as prescribed in the regulations adopted pursuant to the
   provisions of this article;
   				b. The month and year seed was tested or the year the seed was packaged;
   				c. The quantity statement, except as provided by regulations;
   				d. The name and address of the person who labels, sells, or offers to sell
   seed; and
   				e. Other special labeling requirements as determined by the Board.

   2. For seeds of those kinds with standard testing procedures that germinate
   less than the germination standard established by regulations:
   				a. The percentage of germination exclusive of hard seed; and
   				b. The words &#8220;below standard&#8221; in not less than eight-point
   type.

   3. For seeds placed in a germination medium, mat, tape, or other device making
   it difficult to determine the quantity of seed without removal, a statement to
   indicate the minimum number of seeds in the container.

H. For flower seeds in containers other than packets prepared for use in home
flower gardens or household plantings and other than preplanted containers,
mats, tapes, or other planting devices:

   1. The name of the kind and variety or a statement of type and performance
   characteristics as prescribed in regulations;

   2. The lot number or other lot identification;

   3. The month and year that the seed was tested or the year the seed was
   packaged;

   4. The quantity statement, except as provided by regulations;

   5. The name and address of the person who labels, sells, or offers to sell the
   seed; and

   6. For those kinds of seed for which standard testing procedures are
   prescribed:
   				a. The percentage of germination exclusive of hard seed; and
   				b. The percentage of any hard or dormant seed.

I. For tree and shrub seeds:

   1. The accepted common and Latin name of species;

   2. The variety (if applicable);

   3. The quantity statement;

   4. The number;

   5. The year in which seed was collected;

   6. The origin indicating the specific locality where the seed was collected;

   7. The month and year of the date the seed was tested;

   8. The percentage by weight of pure seed;

   9. The percentage by weight of inert matter;

   10. The percentage by weight of other crop seeds;

   11. The percentage of germination exclusive of hard or dormant seed;

   12. The percentage of any hard seeds;

   13. The speed of germination expressed in terms of the number of days the
   seeds will take to reach 90 percent of total;

   14. The pregermination treatment used in test;

   15. The total number of seed per pound;

   16. The moisture content; and

   17. The name and address of the person who labels, sells, or offers to sell
   the seed.

J. For lawn or turf seed mixtures in prepacked containers of 100 pounds or less
the information shall include:

   1. The recognized name of each kind or kind and variety of each agricultural
   seed component in excess of five percent of the whole, and the percentage by
   weight of each in order of its predominance;

   2. The registered name of the mixture;

   3. The lot number or other lot identification;

   4. The percentage by weight of all weed seeds;

   5. The name and number per ounce or per pound of each kind of restricted
   noxious-weed seeds present, subject to subdivision 1 e of &#xA7; 3.2-4015;

   6. The percentage by weight of other agricultural seeds not claimed in the
   formula;

   7. The percentage by weight of inert matter;

   8. For each named agricultural seed:
   				a. The percentage of germination, exclusive of hard seed;
   				b. The percentage of any hard seed;
   				c. The month and year the test was completed to determine the percentages
   in subdivisions a and b; provided that the date of the first test of the
   components may be given for the entire mixture; and
   				d. For cool-season lawn and turf seeds and mixtures thereof, a &#8220;sell
   by&#8221; statement, which may provide a date no more than 15 months from the
   date of the germination test exclusive of the month of the germination test.

   9. The quantity statement; and

   10. The code designation of the person who transports or delivers for
   transportation the seed and the name and address of: (i) the person who sells,
   labels, or offers to sell the seed; or (ii) the person to whom the seed is
   sold or shipped for resale.

K. For transgenetic seed, in addition to any other requirements, the guarantor
shall label all seed produced from transgenetic plant material pursuant to
regulation.

HISTORY: Code 1950, § 3-219.3; 1958, c. 483; 1966, cc. 9, 702, § 3.1-264;
1994, c. 577, § 3.1-275.4; 2008, c. 860; 2012, c. 297.