SECTIONS 52451-52456 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 52451-52456

52451. This article does not apply to any of the following:
(a) Seed or grain that is not intended for sowing purposes.
(b) Seed that is in storage in, or consigned to, a seed cleaning
or conditioning establishment for cleaning or conditioning.
(c) Seed or grain that is transported without transfer of title
for sowing on land that is owned by the person by whom the seed or
grain was produced.
(d) Seed that is weighed and packaged in the presence of the
purchaser from a bulk container, if the container is properly and
conspicuously labeled as provided by this chapter.
(e) Seed or grain that is transported from one warehouse to
another without transfer of title or in storage in a warehouse, if
each container is plainly marked or identified with a lot number or
other lot identification and the label information that is required
by this article is available at the request of an enforcing officer.

52452. Except as otherwise provided in Section 52454, each
container of agricultural seed which is for sale or sold within this
state for sowing purposes, unless the sale is an occasional sale of
seed grain by the producer of the seed grain to his neighbor for use
by the purchaser within the county of production, shall bear upon it
or have attached to it in a conspicuous place a plainly written or
printed label or tag in the English language, which gives all of the
following information:
(a) Commonly accepted name of the kind, kind and variety, or kind
and type of each agricultural seed component in excess of 5 percent
of the whole, and the percentage by weight of each. If the aggregate
of agricultural seed components, each present in an amount not
exceeding 5 percent of the whole, exceeds 10 percent of the whole,
each component in excess of 1 percent of the whole shall be named
together with the percentage by weight of each. If more than one
component is required to be named, the names of all components shall
be shown in letters of the same type and size.
(b) Lot number or other lot identification.
(c) Percentage by weight of all weed seeds.
(d) The name and approximate number of each kind of restricted
noxious weed seed per pound.
(e) Percentage by weight of any agricultural seed except that
which is required to be named on the label.
(f) Percentage by weight of inert matter. If a percentage by
weight is required to be shown by any provision of this section such
percentage shall be exclusive of any substance which is added to the
seed as a coating and shown on the label as such.
(g) For each agricultural seed, in excess of 5 percent of the
whole, stated in accordance with subdivision (a) of this section, the
percentage of germination, exclusive of hard seed; the percentage of
hard seed, if present; and the calendar month and year the test was
completed to determine such percentages. Following the statement of
such percentages, the additional statement "total germination and
hard seed" may be stated as such, if desired.
(h) Name and address of the person that labeled the seed, or of
the person that sells the seed within this state.
All determinations of noxious weed seeds are subject to tolerances
and methods of determination which are prescribed in the regulations
which are adopted pursuant to this chapter.

52453. Except as otherwise provided in Section 52454, each
container of vegetable seed that is for sale or sold within this
state for sowing purposes shall bear upon it, or have attached to it,
in a conspicuous place, a plainly written or printed label or tag in
the English language, that gives all of the following information:
(a) Name of kind and variety of seed.
(b) For any seed that germinates less than the standard last
established by the secretary under this chapter, the percentage of
germination, exclusive of hard seed; the percentage of hard seed, if
present; the calendar month and year the test was completed to
determine those percentages; and the words "Below Standard" in not
less than eight-point type.
(c) Name and address of the person that labeled the seed, or of
the person that sells the seed within this state.
(d) In addition to the information required in subdivisions (a),
(b), and (c), on each container of more than one-half pound (227
grams), the label shall include both the lot number or other lot
identification and the calendar month and year the germination test
was completed.

52454. Any lot of more than one container of seed which is
transported to a dealer for resale, or any lot of more than five
containers of seed which is sold to a consumer, is exempt from the
requirements which are prescribed by Section 52452 or 52453 if both
of the following requirements are complied with:
(a) Each container is plainly marked or identified with a lot
number or other lot identification.
(b) The invoice and one or more of the containers bears the tag or
label which is required by such sections.

52455. In addition to the labeling requirements of this article,
all seed at the time of sale by a retail merchant for nonfarm usage,
shall conspicuously bear upon the labeling of the seed a viability
assurance statement.
(a) The statement shall be "SELL BY (month) (year)," or "USE
BEFORE (month) (year)". The month and year in the statement shall not
exceed the 15-month retail time period allowed by subdivision (b) of
Section 52481.
(b) The statement shall be conspicuous and in capital letters of
the same size of type as other printed material on the labeling and
contiguous to the germination date.
(c) The statement shall be affixed at the time of labeling for
those containers destined for retail sales.
(d) For vegetable seed sold in containers of one-half pound (227
grams) or less, the viability assurance statement may read "Packed
for (year) season" as an alternative to the "SELL BY (month) (year)"
statements referenced in subdivision (a).

52456. In addition to the labeling requirements of this article,
all seed, except seed at the time of sale by a retail merchant for
nonfarm use, shall conspicuously bear upon the label adequate notice
of the requirement to follow the conciliation, mediation, or
arbitration procedures governing disputes between labelers and any
person, as authorized by this chapter, and the consequences of
failing to follow those procedures.