02 NCAC 48C .0127          LABEL REQUIREMENTS FOR TREATED SEEDS

(a)  All seeds which are treated shall be labeled to show the following information on a separate label, or on the same label as used for other information (purity, germination, etc.) required under the North Carolina Seed Law or on the container of seed.

(1)           A word or statement in type no smaller than eight points indicating that the seed has been treated.

(2)           The commonly accepted coined, chemical (generic) or abbreviated chemical name of a substance or a description of any process (other than application of a substance) used in such treatment in type no smaller than eight points.

(3)           A caution statement if the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals.

(4)           All seeds treated with a poisonous substance, if the amount remaining with the seed is in excess of a tolerance recognized by the U.S. Department of Agriculture, or treatment for which no tolerance or exemption from tolerance is recognized by the U.S. Department of Agriculture, shall be conspicuously colored to prevent their subsequent inadvertent use for purposes other than for seeding.

(b)  Seed treated with a mercurial or similarly toxic substance, if any amount remains with the seed, shall be labeled to show a statement such as "Poison," "Poison Treated," or "Treated with Poison". The word "Poison" shall be in type no smaller than eight points and shall be in red letters of a distinctly contrasting background. In addition, the label shall show a representation of a skull and crossbones at least twice the size of the type used for the word "Poison" and the statement indicating that the seed has been treated.

(c)  Seed treated with other harmful substances (other than mercurials or similarly toxic substances), if the amount remaining with the seed is harmful to humans or other vertebrate animals, shall be labeled to show the appropriate toxicity category signal word (i.e. danger, warning, caution) in type no smaller than eight points, followed by the statement "Do not use for food, feed, or oil purposes" in type no smaller than eight points. Seed treated with substances other than mercurials or similarly toxic substances in containers of four ounces or less need not be labeled to show the caution statement.

(d)  Seed commingled with treated seed shall be labeled "treated," and the percentage of treated seed and the substance used shall be stated.

(e)  If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration) shall be declared on the label.

(f)  This Section establishes the minimum requirements for labeling or tagging of treated seeds in accordance with the North Carolina Seed Law.

History Note:        Authority G.S. 106‑277.15;

Eff. June 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.