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(1) Agricultural seed mixtures for lawn and turf

purposes shall be labeled with the:

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

(b) lot number or other lot identification mark;

(c) commonly accepted name of kind or kind and variety of each agricultural seed component in excess of 5% of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form;

(d) word "mix" or derivation thereof stated with the name of the mixture;

(e) headings such as "pure seed," "germination," or "germ" in the proper places;

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

(g) percentage by weight of all weed seeds;

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

(i) percentage by weight of other crop seeds;

(j) percentage by weight of inert matter. Inert matter shall not exceed 10% by weight. Except for coating material, fertilizer and mulch as provided for in this sub-chapter, foreign material not common to grass seed shall not be added; and

(k) 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) (k) (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; and

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

(2) The labeling requirements for seed mixtures for lawn and/or turf purposes in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

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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