Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 241 (2021GS)

Sponsor

Rep. Lund, S.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies a definition provision;
• addresses labeling requirements; and
• makes technical changes.

Every vote on this bill

Bill text

UTAH SEEDS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steven J. Lund
Senate Sponsor: 
Derrin R. Owens
LONG TITLE
General Description:
This bill addresses regulation of seeds.
Highlighted Provisions:
This bill:
▸ modifies a definition provision;
▸ addresses labeling requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-16-102
, as last amended by Laws of Utah 2018, Chapter 355
4-16-201
, as last amended by Laws of Utah 2018, Chapter 355
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-16-102
 is amended to read:
4-16-102.
Definitions.
As used in this chapter:
(1) "Advertisement" means any representation made relative to seeds, plants, bulbs, or
ground stock other than those on the label of a seed container, disseminated in any manner.
(2) "Agricultural seed" includes:
(a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized
within this state as agricultural seed;
(b) lawn seed;
(c) combinations of the seed described in Subsections (2)(a) and (2)(b); and
(d) noxious weed seed, if the department determines by rule made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being
used as agricultural seed.
(3) "Blend" means seed consisting of more than one variety of a kind, each in excess of
5% by weight of the whole.
(4) "Brand" means a word, name, symbol, number, or design used to:
(a) identify the seed of one person; and
(b) distinguish the seed of one person from the seed of another person.
(5) "Certifying agency" means:
(a) an agency authorized under the laws of a state, territory, or possession to officially
certify seed and that has standards and procedures approved by the United States Secretary of
Agriculture to assure the genetic purity and identity of the seed certified; or
(b) an agency of a foreign country determined by the United States Secretary of
Agriculture to adhere to procedures and standards for seed certification.
(6) (a) "Complete record" means all information that relates to the:
(i) origin, treatment, germination, purity, kind, and variety of each lot of agricultural
seed sold in this state; or
(ii) treatment, germination, kind, and variety of each lot of vegetable or flower seed
sold in this state.
(b) "Complete record" includes seed samples and records of declarations, labels,
purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and
examinations.
(7) "Conditioning" means drying, cleaning, scarifying, and other operations that:
(a) could change the purity or germination of a seed; and
(b) require a seed lot to be retested to determine the label information.
(8) "Controlling the pollination" means to use a method of hybridization that will
produce pure seed that is at least 75% hybrid seed.
[
(8)
] 
(9)
 "Dormant" means viable seed, excluding hard seed, that fail to germinate
when provided the specified germination conditions for the kind of seed in question.
[
(9)
] 
(10)
 "Flower seed" includes the seed of herbaceous plants that are:
(a) grown for their blooms, ornamental foliage, or other ornamental parts; and
(b) commonly known and sold under the name of flower or wildflower seed in this
state.
[
(10)
] 
(11)
 "Foundation seed," "registered seed," or "certified seed" means seed that is
produced and labeled in accordance with procedures officially recognized by a seed certifying
agency approved and accredited in this state.
[
(11)
] 
(12)
 "Germination" means the emergence and development from the seed
embryo of those essential structures that are, for the kind of seed in question, indicative of the
ability to produce a normal plant under favorable conditions 
expressed in whole numbers
.
[
(12)
] 
(13)
 "Hard seed" means seed that remains hard at the end of the prescribed
germination test period because the seed has not absorbed water due to an impermeable seed
coat.
[
(13) (a) "Hybrid" means the first generation seed of a cross produced by controlling
pollination and by combining:
]
[
(i) two or more inbred lines;
]
[
(ii) one inbred or a single cross with an open-pollinated variety; or
]
[
(iii) two varieties or species, except open-pollinated varieties of corn, Zea mays.
]
[
(b) "Hybrid" does not mean the second generation or subsequent generations from the
crosses referred to in Subsection (13)(a).
]
(14) (a) "Hybrid" applied to kinds or varieties of seed, means the first generation seed
of a cross produced by controlling the pollination and by combining:
(i) two or more inbred lines;
(ii) one inbred or a single cross with an open pollinated variety; or
(iii) two selected clones, seed lines, varieties, or species.
(b) The department shall treat hybrid designations as variety names.
[
(14)
] 
(15)
 "Inert matter" means all matter that is not seed, including broken seeds,
sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule.
(16) "Inoculant" means a commercial preparation containing nitrogen-fixing bacteria
applied to seed.
[
(15)
] 
(17)
 "Kind" means one or more related species or subspecies of seed that singly
or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy.
[
(16)
] 
(18)
 (a) "Label" means any written, printed, or graphic representation
accompanying and pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in
containers.
(b) "Label" includes a representation on an invoice, bill, or letterhead.
[
(17)
] 
(19)
 "Labeling" includes a tag or other device attached to, written, stamped, or
printed on a container or accompanying a lot of bulk seeds that:
(a) claims to specify the information required on the seed label by this chapter; and
(b) may include other information related to the labeled seed.
[
(18)
] 
(20)
 "Lot" means a definite quantity of seed identified by a number or other
mark, every portion or bag of which is uniform within recognized tolerances for the factors that
appear in the labeling.
[
(19)
] 
(21)
 "Mixture" or "mix" or "mixed" means seed consisting of more than one
kind, each in excess of 5% by weight of the whole.
[
(20)
] 
(22)
 "Mulch" means a protective covering of a suitable substance placed with
seed that:
(a) acts to retain sufficient moisture to support seed germination and sustain early
seedling growth;
(b) aids in the prevention of the evaporation of soil moisture;
(c) aids in the control of weeds; and
(d) aids in the prevention of erosion.
[
(21) " Noxious weed seed" means weed seed declared noxious by the commissioner in
accordance with Section 
4-17-103
.
]
(23) "Noxious weed seeds" means:
(a) prohibited noxious weed seeds; or
(b) restricted noxious weed seeds.
[
(22)
] 
(24)
 (a) "Off-type" means a seed or plant not part of the variety because the seed
or plant deviates in one or more characteristics from the variety.
(b) "Off-type" may include a seed or plant that:
(i) is of another variety;
(ii) is not necessarily any variety;
(iii) results from cross-pollination by another kind or variety; or
(iv) results from uncontrolled self-pollination during production of hybrid seeds.
[
(23)
] 
(25)
 "Origin" means:
(a) for an indigenous stand of trees, the area on which the trees are growing; and
(b) for a nonindigenous stand of trees, the place from which the seeds or plants
originated.
[
(24)
] 
(26)
 "Other 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.
[
(25)
] 
(27)
 "Person" means an individual, partnership, corporation, company,
association, receiver, trustee, or agent.
(28) (a) "Prohibited noxious weed seeds" means those weed seeds determined by the
commissioner that are prohibited from being present in agricultural, vegetable, flower, tree, or
shrub seed.
(b) "Prohibited noxious weed seeds" include the seeds of weeds that are highly
destructive and difficult to control by good cultural practices and the use of herbicides.
[
(26)
] 
(29)
 "Pure seed" means seed exclusive of inert matter and all other seed not of
the seed being considered as determined by methods defined by rule.
(30) "Restricted noxious weed seeds" means those weed seeds determined by the
commissioner that:
(a) are objectionable in agricultural crops, lawns, and gardens of this state; and
(b) can be controlled by good cultural practices or the use of herbicides.
[
(27)
] 
(31)
 "Seed for sprouting" means seed sold for sprouting for salad or culinary
purposes.
[
(28)
] 
(32)
 "Sowing" means the placement of agricultural seed, vegetable seed, flower
seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of
obtaining plant growth.
[
(29)
] 
(33)
 "Tetrazolium test (TZ)" means a biochemical seed viability test using the
compound 2, 3, 5 triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium
Testing Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the
Tetrazolium subcommittee of the Association of Official Seed Analysts, 2008 Edition.
[
(30)
] 
(34)
 "Total viable" is:
(a) equal to the sum of percentage germination, percentage dormant seed, and
percentage hard seed; or
(b) determined by a tetrazolium test for species identified in the rules for testing or for
species for which there are no rules for testing.
[
(31)
] 
(35)
 "Treated" means that a seed has received an application of a substance or
been subjected to a process about which a claim is made.
[
(32)
] 
(36)
 "Tree and shrub seed" includes seed of woody plants commonly known and
sold as tree and shrub seeds in this state.
[
(33)
] 
(37)
 "Type" means a group of varieties so nearly similar that the individual
varieties cannot be clearly differentiated except under special conditions.
[
(34)
] 
(38)
 (a) "Variant" means a seed or plant that:
(i) is distinct within the variety but occurs naturally in the variety;
(ii) 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
(iii) was originally a part of the variety as released.
(b) "Variant" does not include an off-type.
[
(35)
] 
(39)
 "Variety" means a subdivision of a kind that is:
(a) distinct, meaning a variety can be differentiated by one or more identifiable
morphological, physiological, or other characteristics from all other varieties of public
knowledge;
(b) uniform, meaning that variations in essential and distinctive characteristics are
describable; and
(c) stable, meaning a variety's essential and distinctive characteristics and uniformity
will remain unchanged when reproduced or reconstituted as required by the category of variety.
[
(36)
] 
(40)
 "Vegetable seed" includes the seed of those crops that are:
(a) grown in gardens or on truck farms; and
(b) generally known and sold under the name of vegetable or herb seed in this state.
[
(37)
] 
(41)
 "Weed seed" means the seed of all plants generally recognized as weeds
within this state, as determined by methods defined by rule.
(42) "Weight" means the net weight of the commodity.
Section 2. Section 
4-16-201
 is amended to read:
4-16-201.
Labeling requirements.
(1) [
Each
] 
A
 container of seed that is transported, sold, offered, or exposed for sale
within this state shall bear [
thereon
] 
on the container
 or have attached [
thereto
] 
to the container
a printed label that:
(a) is in a conspicuous place;
(b) is plainly written in the English language;
(c) is in type no smaller than eight point;
[
(c)
] 
(d)
 specifies the information required by this chapter; and
[
(d)
] 
(e)
 does not modify or deny the information required by this chapter in the
labeling or on another label attached to the container.
(2) [
Each
] 
A
 container of agricultural seed offered or exposed for sale or transported
for sowing into this state shall be labeled with the following information:
(a) name of the kind and variety for each seed component in excess of 5% of the whole
and the percentage by weight of each component in the order of its predominance in columnar
form, provided that:
(i) the label shall specify the name of the variety or state "Variety Not Stated" or
"VNS," for any component that is required by rule of the department to be labeled as a variety;
(ii) a hybrid shall be labeled as a hybrid;
(iii) the word "mix," " mixture," or "blend" shall appear, if more than one component is
required to be named; and
(iv) the total of the percentages described in Subsections (2)(a), (2)(d), [
2(e)
] 
(2)(e)
,
and (2)(f) shall equal 100%;
(b) name and address of the person who labeled the seed, or the person who sells,
offers, or exposes the seed for sale in this state;
(c) lot number or other lot identification;
(d) percentage by weight of all weed seeds;
(e) percentage by weight of agricultural or crop seeds other than those named on the
label pursuant to Subsection (2)(a);
(f) percentage by weight of inert matter;
(g) name and rate of occurrence per pound of each kind of restricted noxious weed seed
present for which tolerance is permitted;
(h) origin, if known, of alfalfa, red clover, 
white clover,
 or field corn seed
, except
hybrid corn,
 and, if the origin is unknown, that fact shall be stated;
(i) month and year seed tests were conducted for each named agricultural seed,
specifying:
(i) percentage of germination, exclusive of hard or dormant seed; and
(ii) percentage of hard or dormant seed, if present; and
(j) net weight.
[
(3) Coated seed shall be labeled with the:
]
[
(a) information required by Subsections 
4-16-201
(2)(a) through (2)(e) and (2)(g);
]
[
(b) percentage by weight of pure seed exclusive of coating material;
]
[
(c) percentage by weight of coating material;
]
[
(d) percentage by weight of inert material exclusive of coating material; and
]
[
(e) percentage of germination, determined on 400 pellets with or without seed.
]
[
(4) Each
] 
(3) A
 container of lawn and turf seed or lawn and turf seed mixture offered
or exposed for sale or transported for sowing into this state shall be labeled with the following
information:
(a) name of the kind and variety for each lawn and turf seed component in excess of
5% of the whole, and the percentage by weight of each component in the order of its
predominance in columnar form, provided that:
(i) the label shall specify the name of the variety or state "Variety Not Stated" or
"VNS," for any component that is required by rule of the department to be labeled as a variety;
(ii) a hybrid shall be labeled as a hybrid; and
(iii) the total of the percentages described in Subsections [
(4)(a), (4)(d), (4)(e), and
(4)(f)
] 
(3)(a), (3)(d), (3)(e), and (3)(f)
 shall equal 100%;
(b) name and address of the person who labeled the seed, or the person who sells,
offers, or exposes the seed for sale in this state;
(c) lot number or other lot identification;
(d) percentage by weight of all weed seeds;
(e) percentage by weight of agricultural or crop seeds other than those named on the
label pursuant to Subsection [
(4)
] 
(3)
(a);
(f) percentage by weight of inert matter;
(g) name and rate of occurrence per pound of each kind of restricted noxious weed seed
present for which tolerance is permitted;
(h) month and year seed tests were conducted for each named lawn and turf seed,
specifying:
(i) percentage of germination, exclusive of hard or dormant seed; and
(ii) percentage of hard or dormant seed, if present;
(i) the word "mix," "mixture," or "blend," if more than one component is required to be
named; and
(j) net weight.
[
(5)
] 
(4)
 Vegetable seed in packets 
of one pound or less
 prepared for home gardens or
household plantings or vegetable seed preplanted in containers, mats, tapes, or other planting
devices shall be labeled with the following information:
(a) name of the kind and variety of seed, provided that a hybrid shall be labeled as a
hybrid;
(b) name and address of the person who labeled the seed, or the person who sells,
offers, or exposes the seed for sale in this state;
(c) (i) calendar month and year the germination test was completed and sell by date,
which may not be more than 12 months past the date of the germination test exclusive of the
month of test;
(ii) year for which the seed was packaged for sale, stated as "Packed for yy," [
and
] 
or
year of the seed sell by date, stated as "Sell by yy"; or
(iii) calendar month and year the germination test was completed and the percentage
germination, provided that the germination test was completed within the previous 12 months
exclusive of the month of test;
(d) seed with germination less than the germination standard last established for the
seed by the department shall specify the:
(i) percentage of germination, exclusive of hard or dormant seed;
(ii) percentage of hard or dormant seed, if present; and
(iii) words "Below Standard" in not less than eight-point type;
(e) statement to indicate the minimum number of seeds in the container, if the seed are
placed in a germination medium, mat, tape, or other device that makes it difficult to determine
the quantity of the seed without removing the seed;
(f) lot number or other lot identification; [
and
]
(g) the word "mix," "mixture," or "blend," if more than one component is required to
be named[
.
]
; and
(h) net weight.
[
(6)
] 
(5)
 Vegetable seed not described in Subsection [
(5)
] 
(4)
 shall be labeled with the
following information:
(a) name of each kind and variety present in excess of 5% of the whole and the
percentage by weight of each in order of its predominance in columnar form, provided that a
hybrid shall be labeled as a hybrid;
(b) name and address of the person who labeled the seed, or the person who sells,
offers, or exposes the seed for sale in this state;
(c) lot number or other lot identification;
(d) month and year seed tests were conducted, for each named vegetable seed,
specifying the:
(i) percentage of germination, exclusive of hard or dormant seed; and
(ii) percentage of hard or dormant seed, if present;
(e) name and rate of occurrence per pound of each kind of restricted noxious-weed
seed for which tolerance is permitted; [
and
]
(f) the word "mix," "mixture," or "blend," if more than one component is required to be
named[
.
]
; and
(g) net weight.
[
(7) Each packet of flower seed
] 
(6) A flower seed packet of one pound or less
prepared for use in home flower gardens or household plantings or flower seed in preplanted
containers, mats, tapes, or other planting devices shall be labeled with the following
information:
(a) name of the kind and variety or a statement of type and performance characteristics
of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, provided that:
(i) a hybrid shall be labeled as a hybrid; and
(ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
required to be named;
(b) name and address of the person who labeled the seed, or the person who sells,
offers, or exposes the seed for sale in this state;
(c) (i) calendar month and year the germination test was completed and the sell by date,
which may not be more than 12 months past the date of the germination test exclusive of the
month of the test;
(ii) year for which the seed was packed for sale, stated as "Packed for yy," [
and
] 
or
 year
of the seed sell by date, stated as "Sell by yy"; or
(iii) calendar month and year the germination test was completed and percentage
germination, provided that the germination test was completed within the previous 12 months
exclusive of the month of the test;
(d) seed with germination less than the germination standard last established by the
department shall specify the:
(i) percentage of germination, exclusive of hard or dormant seed;
(ii) percentage of hard or dormant seed, if present; and
(iii) words "Below Standard" in not less than eight-point type; and
(e) statement to indicate the minimum number of seeds 
or net weight
 in the container,
if the seeds are placed in a germination medium, mat, tape, or other device that makes it
difficult to determine the quantity of seed without removing the seed.
[
(8)
] 
(7)
 Flower seed not described in Subsection [
(7)
] 
(6)
 offered or exposed for sale
in this state shall be labeled with the following information:
(a) name of the kind and variety or statement of the type and performance
characteristics of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, provided that:
(i) a hybrid shall be labeled as a hybrid; and
(ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
required to be named;
(b) genus and species of wildflower and the subspecies, if appropriate, of wildflower;
(c) name and address of the person who labeled the seed, or the person who sells,
offers, or exposes the seed for sale in this state;
(d) lot number or other lot identification;
(e) percentage of germination, exclusive of hard or dormant seed;
(f) percentage of hard or dormant seed, if present;
(g) calendar month and year that testing was completed to determine percentages
described in Subsections [
(8)(e) and (8)(f)
] 
(7)(e) and (7)(f)
; [
and
]
(h) net weight; and
[
(h)
] 
(i)
 wildflower seed with a pure seed percentage of less than 90% shall specify the
percentage by weight of:
(i) each component listed in order of predominance;
(ii) weed seed if present; and
(iii) inert matter.
[
(9) Each
] 
(8) A
 container of tree and shrub seed that is sold, offered, or exposed for
sale or transported for sowing into this state shall:
(a) bear a label as required by Subsection [
4-16-201
](1), unless:
(i) each bag or other container is clearly identified by a lot number stenciled on the
container or the seed is in bulk; and
(ii) under a contractual agreement the seed may bear a label by invoice accompanying
the shipment or an analysis tag attached to the invoice; and
(b) bear on the label the following information:
(i) name of the seed and name of the subspecies, if appropriate;
(ii) scientific name of the genus and species and scientific name of the subspecies, if
appropriate;
(iii) name and address of the person who labeled the seed, or the person who sells,
offers, or exposes the seed for sale in this state;
(iv) lot number or other lot identification;
(v) information as to origin as follows:
(A) seed collected from a predominantly indigenous stand shall specify the area of
collection given by latitude and longitude, geographic description, or political subdivision such
as state or county; and
(B) seed collected from other than a predominantly indigenous stand shall specify
identity of the area of collection and the origin of the stand or state "origin not indigenous";
(vi) elevation or the upper and lower limits of elevation within which the seed was
collected;
(vii) purity as a percentage of pure seed by weight;
(viii) percentage of germination, exclusive of hard or dormant seed;
(ix) percentage of hard or dormant seed, if present; [
and
]
(x) calendar month and year the germination test was completed to determine
percentages described in Subsections [
(9)
] 
(8)
(b)(viii) and [
(9)
] 
(8)
(b)(ix)[
.
]
;
(xi) the word "mix," "mixture," or "blend" shall appear, if more than one component is
required to be named; and
(xii) net weight.
[
(10) Each
] 
(9) A
 container of seed for sprouting that is offered or exposed for sale or
transported for sowing into this state shall be labeled with the following information:
(a) name and address of the person who labeled the seed, or the person who sells,
offers, or exposes the seed for sale in this state;
(b) name of the kind or kinds in order of predominance;
(c) lot number or other identification;
(d) percentage by weight of each pure seed component in excess of 5% of the whole,
other crop seeds, inert matter, and weed seeds, if any;
(e) percentage of germination of each pure seed component, exclusive of hard or
dormant seed;
(f) percentage of hard or dormant seed, if present;
(g) calendar month and year the test was completed to determine percentages described
in Subsections [
(10)
] 
(9)
(d) through [
(10)
] 
(9)
(f) or the year for which the seed was packaged;
[
and
]
(h) the word "mix," "mixture," or "blend," if more than one component is required to
be named[
.
]
; and
(i) net weight.
[
(11)
] 
(10)
 A combination mulch, seed, and fertilizer product shall:
(a) contain a minimum of 70% mulch;
(b) bear a label with the word "combination" followed by the words "mulch - seed -
fertilizer" on the upper 30% of the principal display panel, provided that the:
(i) word "combination" shall be the largest and most conspicuous type on the container
and equal to or larger than the product name; and
(ii) words "mulch - seed - fertilizer" shall be no smaller than one-half the size of the
word "combination" and in close proximity to the word "combination"; and
(c) bear an analysis label[
, for agricultural and lawn and turf
] 
for
 seed placed in a
germination medium, mat, tape, or other device or mixed with mulch, specifying the following
information:
(i) name of each kind and variety;
(ii) product name;
(iii) lot number;
(iv) percentage by weight of pure seed of each kind and variety named, including those
less than 5% of the whole, provided that the total of the percentages described in Subsections
[
(11)
] 
(10)
(c)(iv) through [
(11)
] 
(10)
(c)(vii) shall equal 100%;
(v) percentage by weight of other crop seed;
(vi) percentage by weight of inert matter, which may not be less than 70%;
(vii) percentage by weight of weed seed;
(viii) name and number of noxious weed seed per pound, if present;
(ix) percentage of germination of each kind or kind and variety named;
(x) percentage hard or dormant seed, if appropriate;
(xi) date of germination test; [
and
]
(xii) name and address of tagger[
.
]
; and
(xiii) net weight.
[
(12)
] 
(11)
 A product containing a combination of seed and granular fertilizer shall be
labeled with the following information:
(a) the word "combination" followed by the words "seed-fertilizer" on the upper 30%
of the principal display panel provided that:
(i) the word "combination" must be the largest and most conspicuous type on the
container and equal to or larger than the product name; and
(ii) the words "seed-fertilizer" shall be no smaller than one-half the size of the word
"combination" and in close proximity to the word "combination"; and
(b) an analysis label specifying the information listed in Subsection [
(11)
] 
(10)
(c) and
the percentage by weight of the fertilizer, listed on a separate line as a component of the inert
matter.
(12) Coated seed shall be labeled with the:
(a) information required by Subsections (2)(a) through (2)(e) and (2)(g);
(b) percentage by weight of pure seed exclusive of coating material;
(c) percentage by weight of coating material;
(d) percentage by weight of inert material exclusive of coating material; and
(e) percentage of germination, determined on 400 pellets with or without seed.