2VAC5-390-20. Noxious weed seeds.

Noxious weed seeds as defined in the Virginia Seed Law, Article 1 (§ 3.1-262 3.2-4000 et seq.) of Chapter 16 40 of Title 3.1 3.2 of the Code of Virginia are divided into two classes:

A. Prohibited noxious weed seeds are:

Balloonvine - Cardiospermum halicacabum

Canada thistle - Cirsium arvens

Field Bindweed - Convolvulus arvensis

Johnsongrass, Sorgrass and, Sorghum almum, and hybrids derived therefrom - Sorghum spp. - Perennial

Plumeless thistles, which includes Musk thistle, and Curled thistle - Carduus spp.

Quackgrass - Agropyron repens

Serrated tussock - Nassella trichotoma

Sicklepod - Cassia tora

B. Restricted noxious weed seeds are:

1. Restricted noxious weed seeds for agricultural and vegetable seed, except for lawn and turf seed and mixtures thereof, shall be prohibited from sale for seeding purposes if the number per ounce or per pound of such noxious weed seed found exceeds the limitations allowed for each. Such weed seeds and limitations shall be:

2. Restricted noxious weed seeds for lawn and turf seed and mixtures thereof. Those kinds listed below shall be restricted noxious weed seeds and shall be declared on the label under the heading "Noxious weed seeds" or "Undesirable grass seed" according to § 3.1-264 (I) (5) 3.2-4008 J 5 when present in bentgrasses, Kentrucky bluegrass, chewings fescue, red fescue, hard fescue, varieties of perennial ryegrass, varieties of named turf type tall fescue, and/or mixtures containing these grasses. Such weed seeds are:

NOTE - EXEMPTIONS - This chapter does not apply to restricted noxious weed seeds in grasses or mixtures clearly labeled for pasture, forage, hay, or spoilbank reclamation usage.

2VAC5-390-30. Net weight requirements.

A. Net weight is required on all containers except on packets containing less than ½ ounce avoirdupois.

B. All net weight labeling shall be consistent with the requirements of the Virginia Weights and Measures Law, Chapter 35 56 (§ 3.1-919 3.2-5600 et seq.) of Title 3.1 3.2 of the Code of Virginia and the Virginia Weights and Measures regulations except that when a seed tag is used the net weight information may appear on the seed tag rather than on the seed bag.

2VAC5-390-40. Labeling treated seed.

A. Contents of label. All seed "treated" as defined by § 3.1-263 3.2-4000 of the Code of Virginia, shall be labeled in type no smaller than eight points to indicate that such seed has been treated and to show the name of any substance or a description of any process (other than application of a substance) used to treat such seed, for example:

Treated with -(Name of substance or process)

or -(Name of substance or process) treated.

If the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall also bear a label containing statements as specified by subsections C and D below. The label shall contain the required information in any form that is clearly legible and complies with this chapter. The information may be on the analysis tag, on a separate tag, or printed on the container in a conspicuous manner.

B. Name of substance. The name of any substance as required by subsection A of this section shall be commonly accepted coined, chemical (generic), or abbreviated chemical name. Commonly accepted coined names are not private trademarks and are free for use by the public and are commonly recognized as names of particular substances such as thiram, captan, lindane, and dichlone. Examples of commonly accepted chemical (generic) names are: bluestone, calcium carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene and ethyl mercury acetate. The terms "mercury" or "mercurial" may be used to represent all types of mercurial compounds. Examples of commonly accepted abbreviated chemical names are: BHC (1,2,3,4,5,6, Hexachloroclolexane) and DDT (dichloro diphenyl trichloroethane)

C. Mercurials and similarly toxic substance.

1. Seeds treated with a mercurial or similarly toxic substance, if any amount whatsoever remains with the seed, shall be labeled to show a representation of a skull and crossbones at least twice the size of the type used for information required to be on the label under subsection A and shall also include in red letters on a background of distinctly contrasting color a statement substantially as follows: "Treated with Poison," "Poison treated," or "Poison." Such treatment shall appear in type no smaller than eight points.

2. Substances similarly toxic to mercurials include the following: Aldrin (technical); demeton; dieldrin; endrin; heptachlor; O, O-diethyl S-(ethylthiomethyl) phosphorodithiolate; and O, O-diethyl S-2 (ethylthio) ethyl phosphorodithiolate. Any amount of such substances remaining with the seed shall be considered harmful to humans and other vertebrate animals.

D. Other harmful substances. If any substance, other than one which would be classified as a mercurial or similarly toxic substance under subsection C., is used in the treatment of seed; the amount remaining with the seed is considered harmful to humans or other vertebrate animals unless the seed is in containers of four ounces or less. Seed treated with such substances shall be labeled with an appropriate caution statement in type no smaller than eight points worded substantially as follows: "Do not use for food," "Do not use for feed," "Do not use for oil purposes," or "Do not use for food, feed, or oil purposes." This subsection applies to all chemical substances not within subsection C. except that the following substances shall not be deemed harmful when present at a rate less than the number of parts per million indicated:

Allethrin - 2 p.p.m.

Malathion - 8 p.p.m.

Methoxyclor - 8 p.p.m.

Piperonyl butoxide - 20 p.p.m. except 8 p.p.m. on Oat and Sorghum.

Pyrethrins -- 3 p.p.m. except 1 p.p.m. on Oat and Sorghum.

E. Weight of treatment substance. When the weight of treatment substances added exceed 1.0% of the net weight of seed, the rate of treatment must be given on the analysis tag.

2VAC5-390-60. Weed seeds.

As provided by subdivision 1 f of § 3.1-265 I(A)(6) 3.2-4015 of the Code of Virginia, agricultural seed of the following kinds may contain weed seeds not to exceed the following limitations:

A. 1. Korean Lespedeza -- Lespedeza stipulacea 1.50%

B. 2. Orchardgrass -- Dactylis glomerata (Hulled) 1.50%

C. 3. Oatgrass, tall -- Arrhenatherum elatius 1.50%

D. 4. Redtop -- Agrostis gigantea 1.50%

2VAC5-390-70. Code designation.

As provided by § 3.1-264, subsections B paragraph (12)(b) and I(10)(b) § 3.2-4008 C 12 and J 10 of the Code of Virginia, any Virginia seed dealer may request from the commissioner a code designation to be used in lieu of his name and address for use on seed labeled for intrastate shipment provided; however, such shipments must be labeled to show the name and address of the consignee. Such designation will bear the prefix VDACS followed by an appropriate assigned number; however, a bona fide AMS (C&MS) number may be used in lieu of the VDACS code designation provided it is recorded with the commissioner by the seed dealer.

2VAC5-390-80. Controlled conditions.

Controlled conditions are those minimum field standards for certification last established by the State Certified Seed Board as authorized under Article 2, (§ 3.2-4021 et seq.) of Chapter 16, 40 of Title 3.1 3.2 of the Code of Virginia.

2VAC5-390-100. Origin.

Origin as required by § 3.1-264(B)(4) 3.2-4008 C 4 of the Code of Virginia shall not apply to seed in lawn or turf grass mixtures in prepacked containers of fifty pounds or less; however, the formulator of such mixtures shall maintain origin records as required by § 3.1-266 3.2-4006 of the Code of Virginia.

2VAC5-390-110. Flower seed and minimum germination standards.

A. The kinds of flower seeds listed below are those for which standard testing procedures have been prescribed and which are, therefore, required to be labeled in accordance with the germination labeling provisions of §§ 3.1-263 3.2-4000 and 3.1-264 3.2-4008 of the Code of Virginia. The percentage listed opposite each kind is the germination standard for that kind. For the kinds marked with an asterisk, this percentage is the total of percentage germination and percentage hard seed. For other kinds, it is the percentage germination.

B. Testing tolerances shall not be applied unless the percentage of germination is shown on the seed package or label attached to the seed container. If no germination percentage is shown on the label, the seed must meet the minimum standards without benefit of tolerance.

2VAC5-390-120. Labeling of flower seed.

Flower seeds shall be labeled with the name of the kind and variety or a statement of type and performance characteristics as prescribed by § 3.1-264(F) and (G) 3.2-4008 G and H of the Code of Virginia.

A. For seeds of plants grown primarily for their blooms:

1. Seeds of a single name variety shall be labeled to show the kind and variety name. For example -- "Marigold, Butterball."

2. Seeds of a single type and color for which there is no special variety name shall be labeled to show either the type of plant or the type and color of bloom. For example -- "Scabiosa, Tall, Large Flowered, Double, Pink."

3. Seeds consisting of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant, and the type or types of bloom shall be indicated. In addition, it shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is -- "Marigold, Dwarf double French, Mixed colors."

4. Seeds consisting of an assortment or mixture of kinds, shall clearly indicate that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated. For example -- "Cut flower mixture," or "Rock garden mixture." Such statements as "Wild flower mixture," "General purpose mixture," "Wonder mixture," or any other statement which fails to indicate the specific use of the seed shall not meet the requirements of this provision unless the specific use of the mixture is also stated.

B. Seeds of plants grown for ornamental purposes other than their blooms shall be labeled to show the kind and variety, or the kind together with a descriptive statement concerning the ornamental part of the plant. For example -- "Ornamental gourds, Small fruited, Mixed."

2VAC5-390-160. Maximum percentage of inert matter.

Seed or seed mixtures as defined by § 3.1-263 3.2-4000 of the Code of Virginia shall not contain more than 15% by weight of inert matter, excluding coating material which has been added to enhance the planting value.

2VAC5-390-170. Minimum size of peanut seed.

Shelled peanuts for agricultural seed as defined in § 3.1-263 3.2-4000 of the Code of Virginia shall be a size of which 97% by weight of whole seed shall pass over a 16/64 inch screen and none shall pass through a 14/64 inch screen.

2VAC5-390-180. Minimum germination standard for peanut seed.

Peanuts for agricultural seed as defined in § 3.1-263 3.2-4000 of the Code of Virginia shall have a 75% minimum total germination. However, effective March 1, 2008, and continuing until July 1, 2008, the minimum total germination shall be 70%.