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(1) All seed shall be labeled with information that indicates the viability of the seed. This information shall be in one of the following formats as further stated in these rules for different types of seed:

(a) the calendar month and year the test was completed to determine the viability information percentages;

(b) the year for which the seed was packed for sale; or

(c) the date by which the seed must be sold.

(2) Seed sold or offered for sale must have current viability information as required by 80-5-134(1)(d), MCA. Seed shall not be sold more than 12 months after the calendar month and year in which the test for the viability information for that seed was completed except grass seed sold for lawn, landscaping, or ornamental purposes may be up to 15 months.

(3) As stated in procedures such as the Federal Seed Act and the rules for testing seeds by the association of official seed analysts, the following tests are approved for determining viability:

(a) germination as prescribed for the seed kinds being tested;

(b) hard seeds as prescribed for the seed kinds being tested; and

(c) dormancy as determined by tetrazolium testing.

(4) A seed dealer may use the label of the seed labeler without changing the name for a period of 12 months (15 months for grass seed) following the month in which the viability test was completed, provided that label complies with the Montana labeling requirements and that it is attached to the original container. After this period, viability information must be updated.

(5) A supplemental label must be attached to the container or affixed to the original label showing new viability information and the name and address of the person who affixed the supplemental label. Not more than one supplemental label shall be visible.


History: 80-5-139, MCA; IMP, 80-5-123, MCA; NEW, 2000 MAR p. 3334, Eff. 12/8/00; AMD, 2017 MAR p. 2180, Eff. 11/25/17.

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