LB91 LB91
2022 2022
LEGISLATIVE BILL 91
Approved by the Governor April 18, 2022
Introduced by Brandt, 32; Wayne, 13.
A BILL FOR AN ACT relating to the Nebraska Seed Law; to amend sections
81-2,147.02, 81-2,147.03, and 81-2,147.06, Reissue Revised Statutes of
Nebraska, and section 81-2,147.01, Revised Statutes Cumulative Supplement,
2020; to define terms; to change provisions for seed relating to labeling,
germination testing, and tetrazolium (TZ) testing; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 81-2,147.01, Revised Statutes Cumulative Supplement,
2020, is amended to read:
81-2,147.01 As used in the Nebraska Seed Law:
(1) Advertisement means all representations, other than those on the label, disseminated in any manner or by any means relating to seed, including farm grain represented as suitable for sowing, within the scope of the Nebraska Seed Law;
(2) Agricultural seed includes the seeds of grass, forage, cereal, oil and fiber crops, and lawn and mixtures of such seeds and any other kinds of seed commonly recognized within this state as agricultural seeds and may include the seed of any plant that is being used as an agricultural crop when the Director of Agriculture establishes in rules and regulations that such seed is being used as agricultural seed;
(3) Blend means seeds consisting of more than one variety of a kind, each in excess of five percent by weight of the whole;
(4) Brand means a word, name, symbol, number, or design to identify seed of one person to distinguish it from seed of another person;
(5) Certifying agency means (a) an agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure genetic purity and identity of the seed certified or
(b) an agency of a foreign country which is determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by certifying agencies under subdivision (a) of this subdivision;
(6) Conditioning means drying, cleaning, scarifying, or other operations which could change the purity or germination of the seed and require the seed lot or any definite amount of seed to be retested to determine the label information;
(7) Director means the Director of Agriculture or his or her designated employee or representative or authorized agent;
(8) Dormant seed means viable seeds, other than hard seeds, which fail to
germinate when provided the specified germination conditions for the kind of
seed in question;
(9) Flower seed includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower or wildflower seeds in this state;
(10) Germination means the emergence and development from the seed embryo of those essential structures which for the kind of seed in question are indicative of the ability to produce a normal plant under favorable conditions;
(11) Hard seed means seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat;
(12) Hybrid means the first generation seed of a cross produced by
controlling the pollination and by combining (a) two or more inbred lines, (b)
one inbred or a single cross with an open-pollinated variety, or (c) two varieties or species except open-pollinated varieties of corn (Zea mays). The second generation and subsequent generations from such crosses shall not be
regarded as hybrids. Hybrid designations shall be treated as variety names;
(13) Inert matter means all matter not seed which includes broken seeds,
sterile florets, chaff, fungus bodies, and stones as established by rules and regulations;
(14) Kind means one or more related species or subspecies which singly or
collectively are known by one common name, such as corn, oats, alfalfa, and timothy;
(15) Labeling includes all labels and other written, printed, stamped, or graphic representations, in any form whatsoever, accompanying or pertaining to
any seed, whether in bulk or in containers, and includes representations on
invoices;
(16) Lot means a definite quantity of seed in containers or bulk identified by a lot number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling;
(17) Mixture, mix, or mixed means seeds consisting of more than one kind,
each present in excess of five percent by weight of the whole;
(18) Mulch means a protective covering of any suitable material placed
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with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aids in preventing the evaporation of
soil moisture, controlling weeds, and preventing erosion;
(19) Native plant species means any grass, sedge, rush, or forb indigenous to North America prior to European settlement;
(20) Nonnative plant species means any grass, sedge, rush, or forb not indigenous to North America prior to European settlement;
(21) (19) Origin means a foreign country or designated portion thereof, a state, the District of Columbia, Puerto Rico, or a possession of the United States, where the seed was grown;
(22) (20) Other crop seed means seed of plants grown as crops, other than the kind or variety included in the pure seed, as established by rules and regulations;
(23) (21) Person includes any corporation, company, society, association,
body politic and corporate, community, individual, partnership, limited liability company, or joint-stock company or the public generally;
(24) (22) Primary noxious weed seeds means the seeds of any plant designated by the director as a noxious weed pursuant to the Noxious Weed Control Act. Pursuant to subdivision (1)(c) of section 81-2,147.06, the director may add to or subtract from this primary noxious weed seeds list;
(25) (23) Prohibited noxious weed seeds means the seeds of plants which are highly destructive and difficult to control in this state by ordinary good cultural practice, the use of herbicides, or both and includes field bindweed
(Convolvulus arvensis), hoary cress (Cardaria draba), Russian knapweed
(Centaurea repens), johnsongrass (Sorghum halepense), Scotch thistle (Onopordum acanthium), morning glory (Ipomoea purpurea) when found in field crop seeds,
skeletonleaf bursage (Ambrosia discolor), woollyleaf bursage (Ambrosia tomentosa), serrated tussock (Nassella trichotoma), and puncturevine (Tribulus terrestris). Pursuant to subdivision (1)(c) of section 81-2,147.06, the director may add to or subtract from this prohibited noxious weed seeds list;
(26) (24) Pure live seed means the product of the percent of germination plus percent of hard or dormant seed multiplied by the percent of pure seed divided by one hundred. The result shall be expressed as a whole number;
(27) (25) Pure seed means seed exclusive of inert matter and all other seeds not of the seed being considered as established by rules and regulations;
(28) (26) Record means any and all information which relates to the origin, treatment, germination, purity, kind, and variety of each lot or
definite amount of seed handled in this state. Such information includes seed samples and records of declarations, labels, purchases, sales, conditioning,
bulking, treatment, handling, storage, analyses, tests, and examinations;
(29) (27) Restricted noxious weed seeds means the seeds of plants which are objectionable in fields, lawns, and gardens of this state but can be
controlled by ordinary good cultural practice, the use of herbicides, or both and includes dodder (Cuscuta spp.), wild mustard (Brassica spp.), dock (Rumex spp.), quackgrass (Elytrigia repens), pennycress (Thlaspi arvense), purple loosetrife (Lythrum salicaria), and horsenettle (Solanum carolinense). Pursuant to subdivision (1)(c) of section 81-2,147.06, the director may add to or subtract from this restricted noxious weed seeds list;
(30) (28) Sale in any of its variant forms means sale, to barter,
exchange, offer for sale, expose for sale, move, or transport, in any of their variant forms, or otherwise supplying. Sale does not mean the donation,
exchange, or other transfer of seeds to or from a seed library or among members of, or participants in, a seed library;
(31) (29) Screenings means the results of the process which removes, in any way, weed seed, inert matter, and other materials from any agricultural,
vegetable, or flower seed in any kind of cleaning process;
(32) (30) Seed library means a nonprofit, governmental, or cooperative organization, association, or activity for the purpose of facilitating the donation, exchange, preservation, and dissemination of seeds of open pollinated, public domain plant varieties by or among its members or members of
the public when the use, exchange, transfer, or possession of seeds acquired by
or from the seed library is free of any charge or consideration;
(33) (31) Seizure means a legal process carried out by court order against
a definite amount or lot of seed;
(34) (32) Stop-sale order means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount or
lot of seed;
(35) (33) Tetrazolium (TZ) test means a type of test in which chemicals are used to produce differential staining of strong, weak, and dead tissues,
which is indicative of the potential viability of seeds;
(36) (34) Treated means that the seed has been given an application of a substance or subjected to a process or coating for which a claim is made or
which is designed to reduce, control, or repel disease organisms, insects, or other pests which attack seeds or seedlings growing therefrom;
(37) (35) Variety means a subdivision of a kind which is distinct,
uniform, and stable. For purposes of this subdivision: (a) Distinct means that the variety can be differentiated by one or more identifiable morphological,
physiological, or other characteristics from all other varieties of public knowledge; (b) uniform means that variations in essential and distinctive characteristics are describable; and (c) 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;
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(38) (36) Vegetable seed includes the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state; and
(39) (37) Weed seed includes the seeds of any plant generally recognized as a weed within this state as established in rules and regulations and includes the primary noxious weed seeds, prohibited noxious weed seeds, and restricted noxious weed seeds.
Sec. 2. Section 81-2,147.02, Reissue Revised Statutes of Nebraska, is amended to read:
81-2,147.02 Each container of agricultural, vegetable, or flower seeds which is sold within this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or
tag in the English language giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to
the container:
(1) For any agricultural seeds or any mixture thereof, any vegetable seeds or any mixture thereof, or any flower seeds or any mixture thereof for sowing purposes that have been treated, unless each seed container bears a label giving the following information and statements as established in the rules and regulations:
(a) A word or statement indicating that the seeds have been treated;
(b) The commonly accepted coined, chemical (generic), or abbreviated chemical name of any substance used in such treatment;
(c) If the substance used in such treatment in the amount remaining with the seeds is harmful to humans or other vertebrate animals, an appropriate caution statement approved by the director as adequate for the protection of
the public such as, "Do Not Use For Food Or Feed Or Oil Purposes", except that the caution statement for mercurials and similarly toxic substances, as established in the rules and regulations, shall be a representation of a skull and crossbones and a statement such as, "This Seed Has Been Treated With POISON", in red letters on a background of distinctly contrasting color;
(d) A description approved by the director for the protection of the public of any process used in such treatment; and
(e) If the seed is treated with an inoculant, the year and month beyond which the inoculant, if shown in the labeling, is no longer claimed to be effective (Date of expiration);
(2) For agricultural seeds except for grass seed mixtures as provided in
subdivision (5) of this section:
(a) The commonly accepted name of the kind and variety of each agricultural seed component, in excess of five percent of the whole, and the percentage by weight of each in the order of its predominance, except that if
the variety of the kinds which are generally labeled as to their variety as
established in the rules and regulations is not stated, the label shall show the name of the kind and the words, "Variety Not Stated". When more than one component is required to be named, the word mixture, mix, mixed, or blend shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids except when the pure seed contains less than seventy-five percent hybrid seed. If the percentage of the hybrid seed is equal to or greater than seventy-five percent but less than ninety-five percent, the percentage of hybrid shall be labeled parenthetically following the variety;
(b) The lot number or other lot identification;
(c) Origin, if known. If the origin is unknown, the fact shall be stated;
(d) The percentage by weight of all weed seed;
(e) The name and rate of occurrence per pound of each kind of restricted noxious weed seed:
(i) For Agrostis spp., bluegrass, timothy, orchardgrass, fescue, alsike clover, white clover, reed canarygrass, ryegrass, foxtail millet, alfalfa, red clover, sweetclover, lespedeza, smooth brome, crimson clover, Brassica spp.,
flax, wheatgrass, and other agricultural seed of similar size and weight, or mixtures within such group, when present singly or collectively in excess of
eighteen seeds per pound; and
(ii) For all other agricultural seed or agricultural seed mixtures not included in subdivision (i) of this subdivision, when present, label as found;
(f) Percentage by weight of agricultural seeds which may be designated as
other crop seed other than those required to be named on the label;
(g) The percentage by weight of inert matter;
(h) For each named agricultural seed, the percentage of germination exclusive of hard seed and the percentage of hard seed if present. Following the percentage of germination exclusive of hard seed and the percentage of hard seed, if present, the total germination and hard seed percentage may be stated if desired. The calendar month and year the test was completed to determine such percentages or an expiration date for those seeds labeled for lawn and turf purposes shall also be stated;
(i) For each native plant species, of the following named grasses the percentage of germination exclusive of dormant seed, the percentage of dormant seed if present, or the percentage of viability as indicated by a tetrazolium
(TZ) test and the calendar month and year the test was completed to determine such percentages. Following the percentage of germination, exclusive of dormant seed and the percentage of dormant seed, if present, the total germination and dormant seed may be stated if desired. Also, for each of the following named grasses when extreme dormancy is encountered in such species, the result of a tetrazolium (TZ) test may be shown in lieu of the percentage of germination to
indicate the potential viability of the seed; and :
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Bluestem:
Big Andropogon gerardii Little Schizachyrium scoparium Sand Andropogon hallii Yellow Bothriochioa ischaemum Dropseed, sand Sporobolus cryptandrus Buffalograss Buchloe dactyloides Grama:
Sideoats Bouteloua curtipendula Blue Bouteloua gracilis Indiangrass Sorghastrum nutans Lovegrass, sand Eragrostis trichodes Needlegrass, green Stipa viridula Prairiesandreed Calamovilfa longifolia Ricegrass, Indian Oryzopsis hymenoides Wheatgrass, western Elymus smithii Switchgrass Panicum virgatum; and
(j) The name and address of the person who labeled such seed or who sells such seed within this state;
(3) For agricultural, vegetable, and flower seeds that are coated:
(a) The percentage of pure seeds with coating material removed;
(b) The percentage of coating material should be shown as a separate item in close association with the percentage of inert matter; and
(c) The percentage of germination should be determined on four hundred pellets with or without seeds;
(4) For products which claim to be a combination of mulch, seed, and fertilizer the word combination shall be followed by the words "Mulch - Seed -
Fertilizer". The word combination must appear on the upper thirty percent of
the principal display panel and must be the largest and most conspicuous type on the container, equal to or larger than the product name. The words "Mulch -
Seed - Fertilizer" shall be no smaller than one-half the size of, and in close proximity to, the word combination. Such product shall contain a minimum of
seventy percent mulch;
(5) For seed mixtures for lawns and turf purposes in containers of fifty pounds or less:
(a) The word mixed, mixture, mix, or blend;
(b) Commonly accepted name, in order of its predominance of the kind and variety, or kind of each agricultural seed present in excess of five percent of
the whole;
(c) Percentage by weight of p