Utah Seed Law

Text of Utah Seed Law (2015)

Utah Seed Act 

Summary

Utah’s Labeling requirements apply to any seed "offered or exposed for sale or transported for sowing" which it’s germination reqiurement specify that it applies to any seed "offered or exposed for sale or for sowing." It is ambiguous if seed sharing and seed libraries falls under the labeling requirements, but appear to fall under the germination requirements. One part of Utah Seed Law which bans Noxious Weed Seeds  (R68-8-2) explicitly uses the word "distribute." 

 

Labeling Requirements

Title 4. Section 16. Chapter 4.

Labeling requirements specified for containers of agricultural seed, mixtures of lawn and turf seed, vegetable seed, flower seed, tree and shrub seed, and seeds for sprouting. 

                                        

(1) Each container of agricultural seed offered or exposed for sale or transported for sowing into this state shall be labeled with the following information: 

                                       

(4) Each container of vegetable seeds weighing more than one pound offered or exposed for sale or transported for sowing into this state shall be labeled with the following information: 

                                        

NOTE: No labeling requirements listed for vegetable seeds weighing under one pound. 

(5) Each container of flower seeds prepared in packets for use in home flower gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices and offered or exposed for sale in this state shall be labeled with the following information: 

                                        

Germination Requirements

Title 4. Section 16. Chapter 5  

Distribution of seeds -- Germination tests required -- Date to appear on label -- Seed to be free of noxious weed seed -- Special requirements for treated seeds -- Prohibitions. 

  1. No person in this state shall offer or expose any agricultural, vegetable, flower, or tree and shrub seed or seeds for sprouting for sale or sowing unless:
    1. for agricultural seeds, including mixtures of agricultural seeds:
      1. a test to determine the percentage of germination has been performed within 18 months, exclusive of the month the seed is tested and the date the seed is offered for sale; and
      2. the date of the test appears on the label;
    2. for vegetable, flower, or tree and shrub seed or seeds for sprouting:
      1. a test to determine the percentage of germination has been performed within nine months, exclusive of the month the seed is tested and the date the seed is offered for sale; and
      2. the date of the test appears on the label;
    3. for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed:
      1. a test to determine the percentage of germination has been performed within 36 months, exclusive of the month the seed is tested and the date the seed is offered for sale; provided, that hermetically sealed seeds may be offered or exposed for sale after 36 months if they have been retested for germination within nine months, exclusive of the month the seed is retested and the date the seeds are offered or exposed for sale; and
      2. the date of the test appears on the label;
  2. its package or other container is truthfully labeled and in accordance with Section 4-16-4; and
  3. it is free of noxious weed seed, subject to any tolerance as may be prescribed by the department through rule.

R68-8-2. Noxious Weed Seeds and Weed Seed Restrictions.

        It shall be unlawful for any person, firm, or corporation to sell, offer, or expose for sale or distribute in the State of Utah any agricultural, vegetable, flower, tree and shrub seeds, or seeds for sprouting or seeding purposes which:

Exemptions

Title 4 Section 16. Chapter 6. 

Chapter does not apply to seed not intended for sowing, to seed at seed processing plant, or to seed transported or delivered for transportation in the ordinary course of business. 

This chapter does not apply to: 

  1. Seed or grain not intended for sowing
  2. Seed at, or consigned to, a seed processing or cleaning plant; provided, that any label or any other representation which is made with respect to the uncleaned or unprocessed seed is subject to this chapter; or
  3. To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided, the carrier is not engaged in producing, processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting.

Defintions

Title 4. Section 16. Chapter 2                                                                                      

(2) "Agricultural seeds" mean seeds of grass, forage plants, cereal crops, fiber crops, sugar beets, seed potatoes, or any other kinds of seed or mixtures of seed commonly known within this state as agricultural or field seeds. 

                                                   

(3) "Flower seeds" mean seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental plants commonly known and sold under the name of flower seeds in this state.                                        

6) "Kind" means one or more related species or subspecies of seed which                                         

singly or collectively is known by one name, for example, corn, oats, alfalfa, and timothy.                                         

(7) (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 representations on invoices, bills, and letterheads. 

                                                                                           

11) "Seeds for sprouting" means seeds sold for sprouting for salad or culinary purposes. 

                                        

(12) "Sowing" means the placement of agricultural seeds, vegetable seeds, flower seeds, tree and shrub seeds, or seeds for sprouting in a selected environment for the purpose of obtaining plant growth.