15may03... 1659eba

2003 SESSION

03-0839

08/01

HOUSE BILL 529

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill make various changes to the New Hampshire seed law, including provisions for seed mixtures, labeling, and germination tests.

This bill is a request of the department of agriculture, markets, and food.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15may03... 1659eba

03-0839

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

106:1 New Paragraph; Definitions. Amend RSA 433:1 by inserting after paragraph XV the following new paragraph:

XV-a. "Introduced wildflower" means kinds, type, and varieties derived from those kinds that are not indigenous to North America.

106:2 New Paragraphs; Definitions. Amend RSA 433:1 by inserting after paragraph XIX the following new paragraphs:

XIX-a. "Mulch" means a protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds, and the prevention of erosion.

XIX-b. "Native wildflower" means kinds or the types and varieties derived from those kinds that are indigenous to North America.

106:3 New Paragraph; Definitions. Amend RSA 433:1 by inserting after paragraph XXXIII the following new paragraph:

XXXIII-a. "Undesirable grass seeds" (UGS) means seeds of grass species declared to be "restricted noxious weed" seed when found in lawn and turf seed.

106:4 Label Requirements for Agricultural, Vegetable and Flower Seeds. Amend the introductory paragraph of RSA 433:2, II to read as follows:

II. For agricultural seeds, except for cool season lawn and turf grass seed mixtures as provided in paragraph III; for seed sold on a pure live seed basis as provided in paragraph IX; and for hybrids which contain less than 95 percent hybrid seed as provided in paragraph X:

106:5 Label Requirements for Agricultural, Vegetable and Flower Seeds. RSA 433:2, III is repealed and reenacted to read as follows:

III. 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 thereof:

(a) For single kinds, the name of the kind or kind and variety.

(b) For mixtures:

(1) The word "mix," "mixed," "mixture," or "blend" shall be stated with the name of the mixture.

(2) The heading "Pure Seed" and "Germination" or "Germ" shall be used in the proper places.

(3) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form.

(c) Percentage by weight of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form.

(d) The percentage by weight of inert matter for lawn and turf grass not to exceed 10 percent, except that 15 percent inert matter is permitted in Kentucky bluegrass labeled without a variety name. Foreign material, other than material used for coating or pelleting, as provided in paragraph IV or combination products, as provided in paragraph XI, to enhance the planting value, not common to grass seed, may not be added.

(e) Percentage by weight of all weed seeds. Maximum weed seed content not to exceed 1/2 of one percent by weight.

(f) Noxious weeds and undesirable grass seed that are required to be labeled will be listed under the heading "Noxious Weed Seeds" or "Undesirable Grass Seeds". Undesirable grass seeds may not exceed 1/2 of one percent by weight.

(g) For each agricultural seed name under subparagraphs (a) or (b):

(1) Percentage of germination, exclusive of hard seed;

(2) Percentage of hard seed, if present;

(3) Calendar month and year the test was completed to determine such percentages. Oldest test date shall be used.

(4) The statement "Sell by____________" which may be no more than 15 months from the date of test exclusive of the month of the test.

(h) Name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within the state.

106:6 Label Requirements for Agricultural, Vegetable and Flower Seeds. RSA 433:2, IV is repealed and reenacted to read as follows:

IV. For agricultural seeds that are coated:

(a) Percentage by weight of pure seeds with coating material removed.

(b) Percentage by weight of coating material.

(c) Percentage by weight of inert material, exclusive of coating material.

(d) Percentage of germination shall be determined on 400 pellets with or without seeds.

(e) In addition to the requirements of this paragraph, labeling of coated seed shall comply with the requirements of paragraphs I, II, and III.

106:7 Label Requirements for Agricultural, Vegetable and Flower Seeds. RSA 433:2, V(c) is repealed and reenacted to read as follows:

(c) The calendar month and year the germination test was completed and the statement "Sell by ___________," which may be no more than 12 months from the date of test exclusive of the month or test or the percentage germination and the calendar month and year the test was completed to determine such percentage provided that the germination test must have been completed within 12 months exclusive of the month of test.

106:8 Label Requirements for Agricultural, Vegetable and Flower Seeds. RSA 433:2, VII(a)(2) is repealed and reenacted to read as follows:

(2) The calendar month and year the germination test was completed and the statement "Sell by _____________," which may be no more than 12 months from the date of test exclusive of the month of test or the percentage of germination and the calendar month and year the test was completed to determine such percentage provided that the germination test must have been completed within 12 months exclusive of the month of test.

106:9 Label Requirements for Agricultural, Vegetable and Flower Seeds. RSA 433:2, VIII is repealed and reenacted to read as follows:

VIII. For flower seeds in containers other than packets and other than pre-planted containers, mats, tapes, or other planting devices and not prepared for use in home flower gardens or household plantings:

(a) The name of the kind and variety or a statement of type and performance characteristics as prescribed in rules adopted by commissioner under this subdivision and for wildflowers, the genus and species and subspecies, if appropriate.

(b) The lot number or other lot identification.

(c) For wildflower seed only with a pure seed percentage of less than 90 percent:

(1) The percentage by weight of each component listed in order of their predominance;

(2) The percentage by weight of weed seed if present; and

(3) The percentage by weight of inert matter.

(d) For those kinds of seed for which standard testing procedures are prescribed:

(1) Percentage germination exclusive of hard or dormant seed;

(2) Percentage of hard or dormant seed, if present; and

(3) The calendar month and year that the test was completed to determine such percentages.

(e) For those kinds of seed for which standard testing procedures are not available, the year of production or collection.

(f) The name and address of the person who labeled the seed or who sells, offers, or displays the seed for sale within the state.

106:10 New Paragraph; Label Requirements for Agricultural, Vegetable, and Flower Seeds. Amend RSA 433:2 by inserting after paragraph X the following new paragraph:

XI. For combination mulch, seed, and fertilizer products:

(a) The word "combination" followed by the words "mulch," "seed," or "fertilizer," as appropriate, must appear on the upper 30 percent of the principal display panel. The word "combination" shall be the largest and most conspicuous print on the container, equal to or larger than the product name. The words "mulch," "seed," or "fertilizer," shall be no smaller than 1/2 the size of the word "combination" and in close proximity to the word "combination." These products shall contain a minimum of 70 percent mulch.

(b) Agricultural, lawn, and turf seeds placed in a germination medium, mat, tape, or other device or mixed with mulch shall be labeled as follows:

(1) Product name.

(2) Lot number.

(3) Percentage by weight of pure seed of each kind and variety named which may be less than 5 percent.

(4) Percentage by weight of other crop seed.

(5) Percentage by weight of inert matter which shall not be less than 70 percent.

(6) Percentage by weight of weed seeds.

(7) Name and number of noxious weed seeds per pound, if present.

(8) Percentage of germination, and hard seed if appropriate, of each kind or kind and variety named and date of test.

(9) Name and address of labeler.

106:11 Prohibitions. Amend RSA 433:4, I(a) to read as follows:

(a) If subject to the germination requirements of RSA 433:2, unless otherwise provided in RSA 433:2, and unless the test to determine the percentage of germination required by RSA 433:2 shall have been completed within a 9-month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation. This prohibition shall not apply to tree and shrub seeds or to agricultural or vegetable seeds in hermetically-sealed containers. Agricultural or vegetable seeds packaged in hermetically-sealed containers under the conditions defined in rules adopted under the provisions of this subdivision may be sold, exposed for sale or offered for sale or transportation for a period of 36 months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in hermetically-sealed containers are sold, exposed for sale, or offered for sale or transportation more than 36 months after the last day of the month in which they were tested prior to packaging, they shall have been retested within a 9-month period, exclusive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation.

106:12 Prohibitions. Amend RSA 433:4, I(e) to read as follows:

(e) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed in rules adopted under this subdivision, or in excess of the number declared or in excess of the maximum percentage allowed for undesirable grass seed under RSA 433:2, III(f) on the label attached to the container of the seed or associated with the seed.

106:13 New Subparagraphs; Prohibitions. Amend RSA 433:4, II by inserting after subparagraph (f) the following new subparagraphs:

(g) To use relabeling stickers without having both the calendar month and year the germination test was completed, the sell by date, as stated in RSA 433:2, III(g), RSA 433:2, V(c), and RSA 433:2, VII(a), and the lot number that matches the existing, original lot number. Relabeling shall not occur more than once.

(h) To alter or falsify any seed label, seed test, laboratory report, record, or other document to create a misleading impression as to kind, kind and variety, history, quality, or origin of seed.

106:14 Effective Date. This act shall take effect January 1, 2004.

(Approved: June 6, 2003)

(Effective Date: January 1, 2004)