SB 491 — Relating to Seed Certification Program

(hh) “Seizure” means a legal process carried out by court order against a definite amount of seed.

(ii) “Stop sale or embargo” means an administrative order, provided by this article, restraining the sale, use, disposition, and movement of a definite amount of seed.

(jj) “Treated” means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(kk) “Tree and shrub seeds” includes seeds of woody plants commonly known and sold as tree and shrub seeds in this state.

(ll) “Tree seed collector’s declaration” means a statement, signed by a grower or person having knowledge of the place of collection, giving, for a lot of seed, the lot number, common or scientific name of the species (and subspecies, if appropriate), origin, elevation, and quantity of tree and shrub seed.

(mm) “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated, except under special conditions.

(nn) “Variant” means any seed or plant which:

(A) (1) Is distinct within the variety but occurs naturally in the variety;

(B) (2) is stable and predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when the variety is reproduced or reconstituted;

and (C) (3) was originally a part of the variety as released.

(oo) “Variety” means a subdivision of a kind which is distinct, uniform, and stable.

(1)“Vegetable “Distinct”or meansherb thatseeds” includes the varietyseeds canof bethose differentiatedcrops bywhich oneare grown in gardens or moreon identifiabletruck morphological,farms physiologicaland orare othergenerally characteristicsknown fromand allsold otherunder varietiesthe name of publicvegetable knowledge.or herb seeds in this state.

(2)“Weed “Uniform”seed” means thatthe seeds of all plants generally recognized as weeds within this state, as determined by methods defined by rule, and includes the variationscategories inof essentialprohibited noxious weed seeds and distinctiverestricted characteristicsnoxious areweed describable.seeds.

(3) “Stable” means that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties (pp) “Vegetable or herb seeds” includes the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state.

(qq) “Weed seed” means the seeds of all plants generally recognized as weeds within this state, as determined by methods defined by rule, and includes the categories of prohibited noxious weed seeds and restricted noxious weed seeds.

(a) Each container of agricultural, or vegetable, or flower seeds which is distributed or transported within this state for sowing purposes shall bear on the container, or have attached to the container in a conspicuous place, a plainly written or printed label or tag in the English language.

(a) (b) For all treated agricultural, or vegetable, or flower seeds (for which a separate label may be used) the label shall include the following:

(b) (c) For agricultural seeds, except for grass seed mixtures, seed sold on a pure live seed basis, or for hybrids which contain less than 95 percent hybrid seed, the label shall include the following:

Provided, That if the variety of those kinds generally labeled as to variety is not stated, the label shall show the name of the kind and the words, “Variety Not Stated” Hybrids shall be labeled as hybrids;

(c) (d) For grass seed mixtures for lawn or turf purposes the label shall include the following:

(1) The word “mixed”, or “mixture”, or “blend” with the name of the mixture or blend;

Except for coating material, fertilizer, and mulch, as provided by subdivision three, subsection (d) (e) of this section, foreign material not common to grass seed shall not be added;

(d) (e) For agricultural seeds that are coated, the label shall include the following:

and (4) Percentage of germination, to be determined on 400 pellets with or without seeds;

(e) (f) For vegetable seeds in packets as prepared for use in home gardens or household plantings;

(3) TheOne yearof for which the seedfollowing: was packed for sale as “Packed for ” or the percentage germination and the calendar month and year the test was completed to determine the percentage;

and One of the following:

(f) (g) For seeds which germinate less than the standard as established by rule promulgated under this article, the label shall include the following:

(g) (h) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to include the minimum number of seeds in the container.

(h) (i) For vegetable seeds in containers other than packets prepared for use in home gardens or household plantings, and other than preplanted containers, mats, tapes, or other planting devices, the label shall include the following:

(ii) The year for which the seed was packed for sale, noted by the statement “Packed for” for” or “Sell by”, which blank shall be filled by the calendar year;

or (iii) “TheThe 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 the test;

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

(i) (m) For agricultural and vegetable hybrid seed which contain less than 95 percent hybrid seed, the label shall include the following:

(j)(n) For agriculturalcombination mulch, seed, and vegetablefertilizer seeds,products the label mayshall showinclude anthe expirationfollowing: date in lieu of:

(1) The calendar month and year of a germination test or pure live seed test;

and (2) The year for which the seed was packaged (k) (n) For combination mulch, seed, and fertilizer products the label shall include the following:

and (I) The name and address of the person who labeled the seed, or who distributes the seed within this state;

(l) (o) The labeling requirements for agricultural, and vegetable, and flower seeds shall be considered to have been met if the seed is weighed from a properly labeled bulk container in the presence of the purchaser.

(m) (p) Once a dealer has broken the seal on a container of seed for any reason, the dealer is fully responsible for its contents, including the guarantees for purity, germination rate, and anything else pertaining to the integrity of the opened seed container.

(1) The word “combination” followed by the words “seed-fertilizer” must appear on the upper 30 percent of the principal display panel.

(n) (r) Label requirements for tree and shrub seeds:

(o) (s) Label requirements for seed potatoes:

If the name and address of the interstate shipper are not shown upon the label, an AMS number identifying the interstate shipper shall be shown, along with the full name and address of the consigneeconsignee. §19-16-3.

§19-16-3.

The commissioner shall add a penalty of two dollars to the fee for each registration, as set forth in legislative rules, that is not applied for or renewed within the time limit.

(e) Each person who holds a valid certificate of registration is required to pay a tonnage fee on seed sold in this state and shall report to the commissioner the net pounds or kilograms of seeds distributed and sold by kind or variety, except for seed potatoes, on a semiannual quarterly basis.

Each report shall be filed under oath and is due before the thirty-first last day of January, April, and July, and October of each year for the preceding six-month three-month period.

(g) Persons first distributing seed potatoes into West Virginia trade channels shall report to the commissioner the net pounds or kilograms of seed potatoes distributed during the first six months of the year monthly in arrears:

Provided, That payments for the previous month shall be made not later than the 15th day of the following month, The report and appropriate fee is due by the thirty-first day of July as set by legislative rules.

(1) Which have not been tested to determine germination rates as required under sections three §19-6-3 and four §19-16-4 §19-16-2 of this code;

(2) (3) To disseminate any false or misleading advertisement concerning seeds subject to this article in any manner or by any means;

(3) (4) To interfere with the commissioner’s official duties;

(4) (5) To fail to comply with a “stop sale or embargo” order or to move or otherwise handle or dispose of any lot of seed held under a “stop sale or embargo” order or tags attached to the lot of seed, unless released by the commissioner, and for the purpose specified by the commissioner;

(5) (6) To use the word “trace” or the phrase “contains < 0.01 percent” as a substitute for any statement which is required;

(6) (7) To use the word “type” in any labeling in connection with the name of any agricultural seed variety;

(7) (8) To distribute or knowingly use any agricultural, vegetable, or tree and shrub, or flower seed that is misbranded;

(8) (9) To misbrand any agricultural, vegetable, or tree and shrub, or flower seed or seed potato.

(9) (10) To distribute or knowingly use any agricultural, vegetable, or tree and shrub seed or seed potato that has not had an accurate statement of poundage reported to the commissioner in the previous reporting period;

(10) (11) To use or imply the name West Virginia Department of Agriculture, or reference any inspection or sample findings made by the West Virginia Department of Agriculture on labels or labeling of agricultural, vegetable, flower, or tree and shrub seed, or seed potatoes;

or (11) (12) To falsify any laboratory reports regarding seed distributed within this state.

(a) The provisions of §19-16-2, §19-16-3, §19-16-4, and § 19-16-8§19-16-8 of this code do not apply:

(2) To seed in storage, or seed being transported or consigned to a cleaning or processing conditioning establishment for cleaning or processing conditioning:

Provided, That the invoice, label or labeling accompanying any shipment of the seed bears the statement “seeds for processing conditioning”;

and that any label or labeling or other representation which may be made with respect to the uncleaned or unprocessed unconditioned seed is subject to this article;

Provided, That the carrier is not engaged in producing, processing conditioning, or marketing seeds subject to the provisions of this article.

(a) Establish by legislative rule germination standards for agricultural, forest vegetable, tree and shrub, or flower seeds;

(b) Enter and inspect, during reasonable hours, any location where agricultural, vegetable, or tree and shrub, or flower seeds, or seed potatoes for sowing purposes are manufactured, distributed, transported, or used, and where records relating to the manufacture, distribution, shipment, labeling, or sale of seed are kept.

(c) Open, examine, sample, and test agricultural, vegetable, or tree and shrub, or flower seed, or seed potatoes, equipment, containers, transport containers, and packages used or intended to be used in the manufacture and distribution of seeds used for sowing purposes;

(g) Condemn and confiscate any agricultural, vegetable, or tree and shrub, or flower seed, or seed potato that is not brought into compliance with this article;

(i) Conduct sampling in accordance with the official methods as established by the Association of Analytical Chemists, the Association of American Seed Control Officials, the United States Department of Agriculture, or the Association of Official Seed Analysts;

(n) Be guided by the analytical results of the official sample when determining whether the agricultural, vegetable, or tree and shrub, or flower seed is deficient in any component;

(1) The sales of agricultural, vegetable, or tree and shrub, or flower seed, and seed potatoes during the preceding period;

and (u) Promulgate emergency rules within 90 days of the passage of this bill into law;

      NOTE:

The purpose of this bill is to update the seed certification law under the Department of Agriculture.

NOTE:

This bill is recommended by the Committee on Agriculture and Rural Development for introduction and passage during the 2020 Regular Session.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.