4.12.3112    FLOWER SEEDS

(1) All flower seeds shall be labeled with the:

(a) name and mailing address of the seed labeler;

(b) lot number or other lot identification mark;

(c) name of the kind and variety or a statement of type and performance characteristics if prescribed in a specific rule; and

(d) year for which the seed was packed for sale, the sell by date or the percentage germination and the calendar month and year the test was completed to determine such percentage.

(2) The genus and species of each flower in a mix shall be furnished to the department upon request.

(3) Flower seeds in packets of generally one pound or less prepared for use in home gardens or household plantings or flower seeds in pre-planted containers, mats, tapes, or other planting devices for which standard testing procedures are established by the association of official seed analysts and which germinate less than the germination standard last established under the provisions of the Act shall also be labeled with the:

(a) percentage of germination exclusive of hard seeds; and

(b) the words "Below Standard Germination" in not less

than 8-point type.

(4) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, the label shall contain a statement to indicate the minimum number of seeds in the container.

(5) Flower seeds in containers, other than packets of generally one pound or less prepared for use in home flower gardens or household plantings and other than pre-planted containers, mats, tapes, or other planting devices and for which standard testing procedures are established by the association of official seed analysts, shall also be labeled with the:

(a) percentage of germination, exclusive of hard or dormant seed;

(b) percentage of hard seeds may be stated, if present;

(c) percentage of dormant seed may be stated, if present, and the test used to determine dormancy; and

(d) following (5) (a) , (b) and (c) , the terms "total germination and hard and/or dormant seed" or "total viable" may be used in accordance with this subsection.

History: Sec. 80-5-139, MCA; IMP, Sec. 80-5-123, MCA; NEW, 2000 MAR p. 3334, Eff. 12/8/00.