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(1) Agricultural seeds that are not more specifically categorized in this sub-chapter 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, except as provided for in ARM 4.12.3104, for each agricultural seed component present in excess of 5% of the whole and the percentage by weight of each. Hybrids shall be labeled as hybrids;

(d) state or foreign country of origin for each named agricultural seed. If the origin is unknown, the fact shall be stated;

(e) percentage by weight of all weed seeds;

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

(g) percentage by weight of other crop seeds;

(h) percentage by weight of inert matter; and

(i) viability information for each named agricultural seed:

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

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

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

(iv) following (1) (i) (i) , (ii) , and (iii) , the terms "total germination and hard and/or dormant seed" or "total viable" may be used in accordance with this subsection;

(v) as an alternative to (1) (i) (i) through (iv) , the label may give the percentage of viable seeds as determined by methods approved by department rule. The method used to determine viability shall be stated on the label; and

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

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

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