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Chapter 34
Plant Health And Quarantine

Article

1. Seed Regulations. (11 AAC 34.010 - 11 AAC 34.090)

2. Pest Control. (11 AAC 34.100 - 11 AAC 34.190)

3. Birds. (11 AAC 34.200)

4. General Provisions. (11 AAC 34.400)

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Article 1
Seed Regulations

Section

10. Labeling.

20. Prohibited and restricted noxious weeds.

30. Weed seed as agricultural seed.

33. (Repealed).

40. Sampling procedure for purity and germination tests.

45. Duties and authority of the director.

50. Germination and purity tests.

60. Laboratory fees and schedule.

70. Code of Federal Regulations.

75. Prohibited acts.

77. Weed seeds in shipment.

80. Penalties.

85. When penalties not applicable.

90. Records.

11 AAC 34.010. Labeling

(a) Each lot or package of agricultural seed sold or offered for sale within the state must bear on it or have attached to it in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:

(1) the commonly accepted name of the kind and variety of the seed;

(2) the country or state where the seed was grown;

(3) the total percentage by weight of pure seed;

(4) the total percentage by weight of all weed seed;

(5) the total percentage by weight of inert matter;

(6) the total percentage by weight of other crop seed;

(7) the name and approximate number per pound of each kind of restricted noxious weed seed, as listed in 11 AAC 34.020;

(8) the percentage of germination of the agricultural seed, together with the month and year the seed was tested;

(9) the percentage of hard seed, if any is present;

(10) the name and address of the person labeling the seed or selling, offering, or exposing the seed for sale within the state; and

(11) the lot number or other lot identification.

(b) Each lot of mixed agricultural seed sold or offered for sale within the state must bear on it or have attached to it in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:

(1) that the seed is a mixture;

(2) the name and variety and total percentage by weight of each kind of agricultural seed present in order of predominance;

(3) the total percentage by weight of other crop seed less than five percent of the mixture; and

(4) the information listed in (a)(4), (a)(5), (a)(7), (a)(8), (a)(10), and (a)(11) of this section.

(c) Vegetable seed in a container of one-half pound or more sold or offered for sale within the state must bear on the container or have attached to the container in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:

(1) the name of the kind and the variety and total percentage by weight; and

(2) the information listed in (a)(4) - (a)(8), (a)(10), and (a)(11) of this section.

(d) Vegetable seed in a container of less than one-half pound sold or offered for sale within the state and which meets the germination standards and tolerances in 7 U.S.C. 1551 - 1611 (Federal Seed Act) must bear on the container or have attached to the container in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:

(1) the name of the kind and variety of the seed;

(2) the name and address of the person or firm labeling the seed, or selling, offering, or exposing the seed for sale within the state;

(3) the year the seed was packed; and

(4) the lot number or other identification.

(e) Vegetable seed in a container of less than one-half pound sold or offered for sale within the state and which does not meet the germination standards and tolerances in 7 U.S.C. 1551 - 1611 (Federal Seed Act) must be labeled, in English, to provide the information required by (d) of this section and the following:

(1) percentage of germination;

(2) percentage of hard seed, if applicable; and

(3) the phrase "substandard germination" in not less than eight-point type.

(f) Any agricultural or vegetable seed treated with toxic substances must be labeled to provide the information required by (a) - (e) of this section and the following:

(1) a word or statement, in type no less than eight points, that the seed has been treated;

(2) the commonly accepted coined or chemical name of the applied substances; and

(3) a caution statement and appropriate poison symbol if the applied substance presents a hazard to human or animal health.

(g) Seed packed in hermetically sealed containers must be labeled to provide the information required by (a) - (f) of this section and the following:

(1) that the container is hermetically sealed;

(2) that the seed has been preconditioned as to moisture content;

(3) that the germination test is valid for a period of not more than 24 months from the date of germination test for seed offered for sale on a wholesale basis, and for a period of not more than 36 months for seed offered for sale at retail; and

(4) that the germination of seeds at the time of packaging was equal to or above standards and tolerances prescribed in the 7 U.S.C. 1551 - 1611 (Federal Seed Act).

(h) Agricultural seeds, mixed agricultural seeds, or bulk vegetable seeds, are exempt from the provisions of this section when

(1) the seeds are grown in or sold within the state to be recleaned before being sold, exposed, or offered for sale for seeding purposes;

(2) the seeds are held for purposes of recleaning; or

(3) the seeds are held or sold for milling for food or for feeding purposes only.

(i) Tetrazolium viability test results are not considered valid germination tests for the purposes of labeling as required by this section.

(j) Hybrid seed, as defined in 7 C.F.R. 201.2(y), must be labeled in accordance with provisions of 7 C.F.R. 201.11(a).

History: In effect before 7/28/59; am 3/2/78, Register 65; am 10/28/83, Register 88

Authority: AS 03.05.010

AS 03.05.030

AS 44.37.030

11 AAC 34.020. Prohibited and restricted noxious weeds

(a) The following are prohibited noxious weeds:

(1) Bindweed, field (Convolvulus arvensis);

(2) Fieldcress, Austrian (Rorippa austriaca);

(3) Galensoga (Galensoga parviflora);

(4) Hempnettle (Galeopsis tetrahit);

(5) Horsenettle (Solanum carolinense);

(6) Knapweed, Russian (Centaurea repens);

(7) Lettuce, blue-flowering (Lactuca puichella);

(8) Orange Hawkweed (Hieracium aurantiacum);

(9) Purple Loosestrife (Lythrum salicaria);

(10) Quackgrass (Agropyron repens);

(11) Sowthistle, perennial (Sonchus arvensis);

(12) Spurge, leafy (Euphorbia esula);

(13) Thistle, Canada (Cirsium arvense);

(14) Whitetops and its varieties (Cardaria drabe, C. pubescens, Lepidium latifolium).

(b) The following are restricted noxious weeds, with their maximum allowable tolerances:

(1) Annual bluegrass (Poa annua), 90 seeds per pound;

(2) Blue burr (Lappula echinatat), 18 seeds per pound;

(3) Mustard (Brassica kaber, juncea), 36 seeds per pound;

(4) Oats wild (Avena fatua), seven seeds per pound;

(5) Plantain, buckhorn (Plantago sp.), 90 seeds per pound;

(6) Radish (Raphanus raphanistrum), 27 seeds per pound;

(7) Toadflax, yellow (Linaria vulgaris), one seed per pound;

(8) Vetch, tufted (Vicia cracca), two seeds per pound;

(9) Wild Buckwheat (Polygonum convovulus), two seeds per pound.

History: In effect before 7/28/59; am 3/2/78, Register 65; am 10/28/83, Register 88; am 7/28/2007, Register 183

Authority: AS 03.05.010

AS 03.05.030

AS 44.37.030

11 AAC 34.030. Weed seed as agricultural seed

The following seeds, when occurring incidentally in agricultural and vegetable seeds, are classed as weed seeds, except when sold alone or as a specific constituent of a definite seed mixture:

Black Medic (Medicago lupulina);

Cardoon (Cynara cardunculus);

Dandelion (Taraxacum species);

Lupine (Lupinus species);

Pigweed (Amaranthus species);

Radish (Raphanus sativus);

Rape (Brassica campestris and napus);

Sunflower (Helianthus annuus);

Yarrow (Achillea millefolium); and

Tufted Vetch (Vicia cracca).

History: In effect before 7/28/59; am 3/2/78, Register 65; am 10/28/83, Register 88

Authority: AS 03.05.010

AS 03.05.030

AS 44.37.030

11 AAC 34.033. Certified seed potatoes

Repealed 10/28/87.

11 AAC 34.040. Sampling procedure for purity and germination tests

(a) A sample of seed chosen by an authorized agent of the division of agriculture for the purpose of determining whether or not the seed meets the requirements of this chapter is known as an "official sample," and must be drawn in a manner to represent as nearly as possible the entire lot from which it is taken.

(b) Official samples of seed shall be taken according to procedures which conform as nearly as practicable to those used by the United States Department of Agriculture pursuant to 7 C.F.R. 201.39 - 201.44.

History: In effect before 7/28/59; am 3/2/78, Register 65

Authority: AS 03.05.010

AS 03.05.030

AS 44.37.030

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