December 3, 2015, Introduced by Senator HUNE and referred to the Committee on Agriculture.
A bill to amend 1965 PA 329, entitled
"Michigan seed law,"
by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707,
and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and
section 7 as amended by 1988 PA 455.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(1) "Person" means any individual, partnership, company,
corporation, society, cooperative, union, or association.
(2) "Sale or sell" means the act of transferring property for
any consideration and includes the acts of offering, advertising,
exposing, holding, or transporting for sale.
(3) "Label" includes all labels, and other written, printed,
or graphic representation in any form, accompanying or pertaining
to any seed in bulk or in containers and includes representation on
invoices, bills, and letterheads.
(4) "Agricultural seed" means the seed of grass, forage,
cereal, fiber, oil plants, and any other seed commonly recognized
within this state as agricultural or field seed, lawn seed, or
mixtures of those seeds.
(5)
"Director" means director of the state department of
agriculture and rural development or his or her authorized
representative.
(6) "Screenings" means chaff, florets, immature seed, weed
seed, or inert and other foreign matter removed in any way in
cleaning or conditioning of seed, or obtained from weedy fields or
any source, and contains less than 50% agricultural seed.
(7)
"Vegetable seed" means the seed of those crops which that
are grown in gardens or on truck farms and that generally are known
and sold under the name of vegetable or herb seed in this state.
(8) "Flower seed" means the seed of those plants usually grown
for their blooms, ornamental foliage, or other ornamental parts and
commonly are known and sold under the name of flower seed in this
state.
(9) "Forest tree seed" means the seeds of those forest trees
that are usually grown in nurseries and forests in this state, and
that are listed in the rules promulgated under this act.
(10) "Pure seed" means seed exclusive of inert matter and all
other seeds not of the seed being considered, as determined by
methods defined by rule promulgated under this act.
(11) "Inert matter" means broken seed 1/2 or less the original
size, seeds of legumes or crucifers with seed coats removed,
undeveloped or badly injured weed seed, the empty glumes or
attached sterile glumes of grasses, stems, leaves, stones, chaff,
soil, insects, fungal bodies, material added in coating or
pelleting, and all other matter other than pure seed, weed, or crop
seed, as determined by methods defined by rule promulgated under
this act.
(12) "Weed seed" means the seeds of all plants generally
recognized as weeds within the state, as determined by methods
defined by rule promulgated under this act, and includes prohibited
and restricted noxious weed seeds.
(13) "Crop seed" means the seed of plants grown as crops,
other than the kind or variety included in the pure seed, as
determined by methods defined by rule promulgated under this act.
(14) "Germination percent" means the percent of seeds capable
of producing normal seedlings under favorable growing conditions.
Broken, weak, diseased, malformed, or abnormal seedlings, as
determined by methods defined by rule promulgated under this act,
shall not be considered as having germinated.
(15) "Hard seed percent" means the seed which, due to hardness
or impermeability, does not absorb moisture and start growth under
favorable conditions during a prescribed germination period but
remains hard.
(16) "Prohibited noxious weed seed" means the seed of plants
that are highly destructive and difficult to control in this state
by ordinary good cultural practices, and that are listed in the
rules promulgated under this act.
(17) "Restricted noxious weed seed" means the seeds of the
plants that are objectionable in the fields, lawns, and gardens of
this state but can be controlled by ordinary good cultural
practices, and that are listed in the rules promulgated under this
act.
(18) "Lot" means a definite quantity of seed identified by a
number or other mark, every portion of which is uniform within
recognized
tolerances for the factors which that appear in the
labeling.
(19) "Kind" means 1 or more related species or subspecies
which
that singly or collectively is known by 1 common name,
including, but not limited to, oats, wheat, soybeans, and corn.
(20)
"Variety" means a subdivision of a kind which that is
distinct, uniform, and stable; distinct in the sense that the
variety can be differentiated by 1 or more identifiable
morphological, physiological, or other characteristics from all
other varieties of public knowledge; uniform in the sense that
variations in essential and distinctive characteristics are
describable, and stable in the sense 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; for example, heritage oats,
augusta wheat, corsoy soybeans.
(21) "Hybrid" means, as applied to kinds or varieties of seed,
the first generation seed of a cross, produced by controlling the
pollination and by combining 2 or more inbred lines, or 1 inbred
line or a single cross with an open pollinated variety, or 2
selected clones, seed lines, varieties, or species, except open
pollinated varieties of corn such as zea mays. A hybrid designation
shall be treated as a variety name.
(22) "Records" means all label information and the source of
this information required by this act for the seed being
considered, and all information relating to the shipment or
shipments involved with seed, such as invoices, vouchers, freight
bills, and other records.
(23) "Advertising" means all representations other than those
on the label, disseminated in any manner or by any means, and
relating to seed within the scope of this act.
(24) "Treated" means that the seed has received an effective
application of substance or method designed to reduce, control, or
repel certain disease organisms, fungi, insects, or other pests
attacking the seed or seedlings or has received some other
treatment to improve its planting value.
(25) "Tolerance" means the allowable deviation from any
percentage claim used on a label and is based on the law of normal
variation from a mean. Tolerance tables used in the enforcement of
this act are those prescribed in the rules promulgated under this
act.
(26) "Official sample" means the sample taken from a lot of
seed by a representative of the director.
(27) "Representative sample" means a sample taken from a seed
lot that is of sufficient size to supply an adequate amount of seed
for laboratory testing and that is secured and submitted according
to the guidelines approved by the director.
(28) "Vendor" means a person engaged in the selling of seed.
(29) "Grower's declaration" means a statement signed by the
grower or shipper giving, for any lot of seed, the lot number, the
kind, variety, weight, and origin.
(30) "Hermetically sealed seed" means seed packed in a
moisture proof container when the container and the seed in the
container meet the requirements specified in the rules promulgated
under this act.
(31) "Type" means a group of varieties so nearly similar that
individual varieties cannot be clearly differentiated except under
special conditions.
(32) "Blend" means seed consisting of more than 1 variety of a
kind, each in excess of 5% of the whole.
(33) "Mixture" means seed consisting of more than 1 kind, each
in excess of 5% of the whole.
(34) "Dormant seed" means viable seed, excluding hard seed
that fail to germinate when provided with the specified germination
conditions for the kind of seed in question.
(35) "Controlling the pollination" means a method of
hybridization that will produce pure seed that is at least 75%
hybrid seed. The second generation or subsequent generations from
these crosses are not hybrids.
(36) "Seizure" means a legal process carried out by a court
order against a definite amount of seed.
(37) "Stop sale" means an administrative order restraining the
sale, disposition, and movement of a definite amount of seed.
(38) "Conditioning" means drying, cleaning, scarifying, and
other
operations which that change the purity or germination of the
seed and require the seed lot to be retested to determine the label
information. Conditioning does not include packaging, labeling,
combining seed lots to form blends or mixtures, or other operations
which
that would not make necessary the retesting of the seed
lot
to determine the label information.
(39) "Brand" means a word, name, symbol, number, or design
used to identify seed of 1 person to distinguish it from the seed
of another person.
(40) "Cool season lawn and turf grass" means grasses including
Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall
fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass,
colonial bentgrass, annual bentgrass, and mixtures of any of these.
(41) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.326.
Sec. 4. For agricultural seed and mixtures of agricultural
seed, and for vegetable seed in containers of more than 1 pound,
the following information is required:
(a) The commonly accepted name of the kind, or kind and
variety, of each agricultural or vegetable seed component in excess
of 5% by weight of the whole and the percentage by weight of each
in the order of its predominance. If the director has determined in
rules promulgated under this act that a component is generally
labeled as to variety, the label shall bear, in addition to the
name of the kind, the name of the variety or the statement "variety
not stated", except for vegetable seed, which shall be labeled as
to kind and variety. If any component is a hybrid, the label shall
also bear the name of the hybrid and the word "hybrid" in
connection with the kind of agricultural or vegetable seed
component. If the seed is a blend, the word "blend" shall appear on
the label in connection with the name of the kind of agricultural
or vegetable seed component. If more than 1 component is required
to be named, the word "mixture" or "mix" shall be stated
conspicuously on the label.
(b) The lot number or identifying mark.
(c) The percentage by weight of all weed seed present.
(d) The percentage of germination exclusive of dormant or hard
seed, and the percentage of dormant or hard seed, if present, and
the calendar month and year that these percentages were determined
by test for each agricultural seed named.
(e) For cool season lawn and turf seed and mixtures, the
statement "Sell by", which shall be not more than 15 months from
the date of the germination test exclusive of the month of the
test.
(f) (e)
For alfalfa, red clover, and white
clover, the state
or foreign country where originally grown. If the origin is
unknown, that fact shall be stated.
(g) (f)
The name and the number per pound,
if present, of each
kind of the restricted noxious weed seed, except buckhorn and
yellow
rocket, which must be shown on the label only when if in
excess of 90 seeds per pound.
(h) (g)
The name and complete address of
the person who labels
the seed or sells the seed within this state.
(i) (h)
Percentage by weight of crop seed
other than those
required to be named on the label, and this figure shall be shown
under the heading "crop" or "other crop".
(j) (i)
Percentage by weight of inert
matter. Any coating
material shall be included as inert matter, and a statement of
percentage of the coating material may be shown immediately
following inert matter.
(k) (j)
In the case of For field bean seeds, a statement
indicating that the lot has been field inspected and laboratory
tested and meets the disease tolerances established by the director
in the manner provided for in section 7a and a statement on the
label indicating the state or foreign country of origin.
(k)
In the case of field bean seeds, a statement on the label
indicating
the state or foreign country of origin.
Sec. 7. (1) Seed that has been treated with an irritating or
poisonous substance, harmful to human or other vertebrate animals,
shall be colored or dyed a color contrasting with the natural color
of the seed, and shall be labeled with the following information:
(a)
A warning statement in 12-point 8-point
or larger type
that the seed has been treated.
(b) The common, coined, chemical, or abbreviated chemical name
of the substance applied to the seed.
(c)
A caution statement in 12-point 8-point
or larger type as
follows: "treated seed—do not use for food, feed, or oil purposes".
(2) If the seed is treated, and the treatment is not
irritating, poisonous, or harmful to humans or other vertebrate
animals,
the seed shall be labeled with a statement, in 12-point 8-
point or larger type, describing the applied substance.
Sec. 9. (1) A person shall not sell, offer for sale,
advertise, expose, or transport for sale in this state any of the
seed subject to this act if any 1 or more of the following
circumstances exist:
(a) The seed is not labeled in accordance with this act, or
has a false or misleading label.
(b) The test to determine the percentage of germination
required by section 3 was not completed within an 11-month period,
or a 15-month period for cool season lawn and turf seed and
mixtures, exclusive of the month in which the test was completed
immediately prior to sale, exposure, offering, or transporting for
sale,
except that a longer period of time shall be permitted for
any
kind of agricultural or vegetable seed which that is
packaged
in container materials and under conditions prescribed under the
rules promulgated under this act that will maintain the viability
of the seed under ordinary conditions of handling.
(c) The seed consists of, or contains, prohibited noxious weed
seed.
(d) The seed consists of, or contains, restricted noxious weed
seed in excess of the limits prescribed by rule promulgated under
this act.
(e) The seed has a percentage of germination, including hard
seeds, that is below 60%, or, in the case of vegetable seed and
flower seed, below the germination standard established in the
rules
authorized by promulgated
under this act, unless labeled
according to section 5.
(f) The seed has tags or labels on, or attached to, the
container of seed including a liability or nonwarranty clause
disclaiming responsibility for the information on the label
required by this act.
(g) The seed has been the subject of false or misleading
advertisement in any manner or by any means.
(h) The seed contains in excess of 1% by weight of all weed
seeds.
(i) The seed was not produced and labeled in accordance with
the
procedures and in compliance with rules of the department as
prescribed
in section 2 of Act No. 221 of the Public Acts of 1959,
being
section 286.72 of the Michigan Compiled Laws.1959 PA 221, MCL
286.72.
(j)
When If seed, under tag or label, has been substituted or
altered.
(k)
When If stop sale orders have been instituted by the
director.
(l) The seed is falsely represented to be a
hybrid and is not
one
as defined in this act.
(m) A person whose name appears on the label as distributing
agricultural, vegetable, or flower seed subject to this act fails
to retain, for a period of 2 years, complete records of each lot of
agricultural, vegetable, or flower seed distributed, fails to
retain, for 1 year, a file sample of each lot of seed that is
distributed after final disposition of the lot, and fails to make
accessible for inspection by the director during customary business
hours, records and samples pertaining to the shipment or shipments
involved.
(n)
When If the name of the department is used in connection
with the labeling or advertising or sale of any seed in any manner.
(o)
When If the word "trace" is used as a substitute
for any
statement that is required by this act.
(p)
When If the word "type" is used on any labeling in
connection with the name of any agricultural or vegetable seed
variety.
(q) There is less than the stated number of seed in the
container.
(r) The seed is labeled with a brand or a trademark, or a term
taken from a brand or trademark, unless the brand name or trademark
is clearly identified with the word "brand" and is other than a
part of the variety.
(s) The seed is labeled with a variety name but is not
certified by an official seed certifying agency when it is a
variety
for which a U.S. United
States certificate of plant variety
protection,
under the plant variety protection act, 7 U.S.C. USC
2321 to 2582, specifies sale only as a class of certified seed.
However, seed from a certified lot may be labeled as to variety
name
when if used in a mixture by, or with the approval of, the
owner of the variety.
(t)
In the case of For field bean seeds, the label does not
include a statement indicating that the lot has been field
inspected and laboratory tested and meets the disease tolerances
established by the director.
(u)
In the case of For field bean seeds, the lot is found to
contain diseases in excess of the tolerances prescribed in section
7a.
(2) A person shall not do any of the following:
(a) Hinder, obstruct, or resist the director in the discharge
of his or her duties under this act.
(b)
Store, ship, or handle seed under conditions which that
make it impossible to properly inspect or obtain a sample
representative of the seed being sold, offered, exposed, or
transported for sale.
(c)
Sell seed which that has been treated, as defined in this
act, to any person for any purpose unless the seed is colored and
clearly labeled as required in section 7.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.