H*4864(Rat #0309, Act #0273 of 2014)  General Bill, By Gambrell
 AN ACT TO AMEND SECTION 46-21-215, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO REQUIRED LABELS AND TAGS FOR CONTAINERS OF AGRICULTURAL,
 VEGETABLE, AND FLOWER SEEDS, SO AS TO REVISE CERTAIN OF THESE LABELING AND
 TAGGING REQUIREMENTS. - ratified title

   03/06/14  House  Introduced and read first time (House Journal-page 4)
   03/06/14  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 4)
   03/27/14  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 4)
   03/28/14         Scrivener's error corrected
   04/02/14  House  Read second time (House Journal-page 195)
   04/02/14  House  Roll call Yeas-106  Nays-0 (House Journal-page 195)
   04/03/14  House  Read third time and sent to Senate
                     (House Journal-page 15)
   04/03/14  House  Roll call Yeas-79  Nays-2 (House Journal-page 15)
   04/03/14  Senate Introduced and read first time (Senate Journal-page 11)
   04/03/14  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 11)
   05/28/14  Senate Recalled from Committee on Agriculture and
                     Natural Resources (Senate Journal-page 9)
   06/03/14  Senate Read second time (Senate Journal-page 52)
   06/03/14  Senate Roll call Ayes-40  Nays-0 (Senate Journal-page 52)
   06/04/14  Senate Read third time and enrolled (Senate Journal-page 19)
   06/05/14         Ratified R 309
   06/06/14         Signed By Governor
   06/13/14         Effective date 06/06/14
   06/26/14         Act No. 273

(A273, R309, H4864)

AN ACT TO AMEND SECTION 46-21-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED LABELS AND TAGS FOR CONTAINERS OF AGRICULTURAL, VEGETABLE, AND FLOWER SEEDS, SO AS TO REVISE CERTAIN OF THESE LABELING AND TAGGING REQUIREMENTS.

Be it enacted by the General Assembly of the State of South Carolina:

Labeling and tagging requirements revised

SECTION    1.    Section 46-21-215 of the 1976 Code, as added by Act 238 of 2010, is amended to read:

"Section 46-21-215.     Each container of agricultural, vegetable, and flower seeds which is sold, offered for sale, or exposed for sale, or transported within this State for sowing purposes must state or have affixed in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement may not be modified or denied in the labeling or on another label attached to the container.

(A)    For all agricultural, vegetable, and flower seeds treated as defined in this chapter for which a separate label may be used:

(1)    a word or statement indicating that the seed has been treated;

(2)    the commonly accepted coined, chemical, abbreviated chemical, or generic name of the applied substance or description of the process used;

(3)    if the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as 'do not use for food, feed, or oil purposes'. The caution for mercurials and similarly toxic substances must be a poison statement or symbol; and

(4)    if the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective, and its date of expiration.

(B)    For agricultural seeds, except for cool season lawn and turf grass seeds and mixtures as provided in item (C) and for hybrids which contain less than ninety-five percent hybrid seed as provided in item (I):

(1)    the name of the kind and variety for each agricultural seed component present in excess of five percent of the whole and the percentage by weight of each; in order of its predominance where more than one component is required to be named the word 'mixture' or the word 'mixed' must be shown conspicuously on the label. Hybrids must be labeled as hybrids;

(2)    lot number or other lot identification;

(3)    origin, state or foreign country, if known; if unknown, the fact must be stated;

(4)    percentage by weight of all weed seeds;

(5)    the name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

(6)    percentage by weight of other crop seed;

(7)    percentage by weight of inert matter;

(8)    the total of subitems (1), (4), (6), and (7) must equal one hundred percent;

(9)    for each named agricultural seed:

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

(b)    percentage of hard seeds, if present; and

(c)    the calendar month and year the test was completed to determine the percentages.

Following subitems (a) and (b) the 'total germination and hard seed' may be stated, if desired; and

(10)    name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this State.

(C)    For cool season lawn and turf grasses including Kentucky bluegrass, red fescue, chewing fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, creeping bentgrass, and mixtures of them:

(1)    for single kinds, the name of the kind or kind and variety;

(2)    for mixtures:

(a)    the terms 'mix', 'mixed', or 'mixture' or 'blend' must be stated with the name of the mixture;

(b)    the heading 'Pure Seed' and 'Germination' or 'Germ' must be used in the proper places;

(c)    commonly accepted name of kind and variety of each agricultural seed component in excess of five percent of the whole, and the percentage by weights of pure seed in order of its predominance;

(3)    lot number or other lot identification;

(4)    origin, state or foreign country, if known; if unknown, it must be stated;

(5)    percentage by weight of all weed seeds;

(6)    the name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

(7)    percentage by weight of other crop seed;

(8)    percentage by weight of inert matter;

(9)    the total of subitems (1), (2), (5), (7), and (8) must be one hundred percent; and

(10)    for each agricultural seed named under subitem (1) or (2):

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

(b)    percentage of hard seed, if present;

(c)    calendar month and year the test was completed to determine percentages. The oldest test date must be used and the date of sale must be within fifteen months of this test date, exclusive of the month of the test, or alternatively     the statement 'Sell by _________', which may be no more than fifteen months from the date of test exclusive of the month of test; and

(d)    name and address of the person who labeled the seed, or who sells, offers or exposes this seed for sale within the State.

(D)    For agricultural seeds that are coated:

(1)    percentage by weight of pure seeds with coating material removed;

(2)    percentage by weight of coating material;

(3)    percentage by weight of inert material exclusive of coating material; and

(4)    in addition to the provisions of this subsection, labeling of coated seed must comply with the requirements of subsections (A), (B), and (C).

(E)    For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other plant devices:

(1)    name of kind and variety of seed;

(2)    lot identification, such as by lot number or other means;

(3)(a)    the calendar month and year the germination test was completed, and the date of sale may be no more than twelve months from the date of test exclusive of the month of the test; or

(b)    the year for which the seed was packaged for sale as 'Packed for _________' and the statement 'Sell by _________', which must be twelve months from the date of the test exclusive of the month of the test;

(4)    name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State; and

(5)    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, a statement to indicate the minimum number of seeds in the container.

(F)    For vegetable seeds in containers other than packets prepared for use in home gardens or household planting and other than preplanted containers, mats, tapes, or other planting devices:

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

(2)    lot number or other lot identification;

(3)    for each named vegetable seed:

(a)    percentage of germination exclusive of hard seed;

(b)    percentage of hard seed, if present;

(c)    the calendar month and year the test was completed to determine the percentages; and

(d)    germination test must have been completed within twelve months exclusive of the month of test.

Following subitems (a) and (b) the 'total germination and hard seed' may be stated, if desired;

(4)    name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State; and

(5)    the labeling requirements for vegetable seeds in containers of more than one pound is considered to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

(G)    For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices:

(1)    for all kinds of flower seeds:

(a)    the name of the kind and variety or a statement of type and performance characteristics as prescribed in regulations promulgated pursuant to the provisions of this chapter;

(b)(i)    the calendar month and year the germination test was completed and the date of sale may be no more than twelve months from the date of test exclusive of the month of the test; or

(ii)    the year the seed was packed for sale as 'Packed for _________' and the statement 'Sell by _________', which must be twelve months from the date of the test exclusive of the month of the test;

(c)    the name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State; and

(2)    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, a statement to indicate the minimum number of seeds in the container.

(H)    For flower seeds in containers other than packets and other than preplanted containers, mats, tapes, or other planting devices and not prepared for use in home flower gardens or household plantings:

(1)    the name of the kind and variety or a statement of type and performance characteristics as prescribed by regulations promulgated pursuant to the provisions of this chapter, and for wildflowers, the genus and species and subspecies, if appropriate;

(2)    the lot number or other lot identification;

(3)    for wildflower seed only with a pure seed percentage of less than ninety percent:

(a)    the percentage, by weight, of each component listed in order of their predominance;

(b)    the percentage by weight of weed seed if present; and

(c)    the percentage by weight of inert matter;

(4)    for seeds for which standard testing procedures are prescribed:

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

(b)    percentage of hard or dormant seed, if present;

(c)    the calendar month and year that the test was completed to determine the percentages; germination test must have been completed within twelve months exclusive of the month of test; and

(5)    name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.

(I)    For agricultural and vegetable hybrid seed which contain less than ninety-five percent hybrid seed:

(a)    kind or variety must be labeled as 'hybrid';

(b)    the percent which is hybrid must be labeled parenthetically in direct association following named variety; such as, 'Comet (85% hybrid)'; and

(c)    varieties in which the pure seed contains less than seventy-five percent hybrid seed may not be labeled hybrids."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2014.

Approved the 6th day of June, 2014.