Revised
August, 1997
Administration: The Nebraska Seed Law (note §§ 81-2,149 to 81-2,155 are not part of the Nebraska Seed Law, but are included here for informational purposes), and Neb. Rev. Stat. §§81-2,155 to 81-2,157 are administered by the Nebraska Department of Agriculture, Bureau of Plant Industry, State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509. Telephone: (402) 471-2394.
Revisions: The provisions of these statutes were last revised during the 1997 session of the Nebraska Legislature. This reproduction was prepared following that session.
Rules: A regulation has been promulgated under these statutes known as Title 25, Chapter 7, Nebraska Administrative Code - Nebraska Seed Law Regulations.
81-2,147. Law, how cited. Sections 81-2,147 to 81-2,147.11 shall
be known and cited as the Nebraska Seed Law.
81-2,147.01. Terms, defined. 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 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) 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;
(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;
(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;
(22) Primary noxious weed seeds means the seeds of the following plants: Canada
thistle (Cirsium arvense), leafy spurge (Euphorbia esula), musk thistle (Carduus nutans),
plumeless thistle (Carduus acanthoides), spotted knapweed (Centaurea maculosa), diffuse
knapweed (Centaurea diffusa), and any other 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;
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(30) Seizure means a legal process carried out by court order against a definite amount
or lot of seed;
(31) 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;
(32) 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;
(33) 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;
(34) 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;
(35) 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
(36) 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.
81-2,147.02. Container; labeling requirements. 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:
(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);
(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:
(ii) For all other agricultural seed or agricultural seed mixtures not included in
subdivision (i) of this subdivision, when present, label as found;
(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 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, 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:
(j) The name and address of the person who labeled such seed or who sells such seed
within this state;
(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;
(5) For seed mixtures for lawns and turf purposes in containers of fifty pounds or less:
(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 pure seed of each agricultural seed named;
(d) For each agricultural seed named under subdivision (b) of this subdivision:
(ii) Percentage of hard seed if present; and
(iii) Calendar month and year the test was completed to determine such percentages or
an expiration date;
(f) Percentage by weight of all agricultural seeds, which may be designated as crop seed,
other than those stated under subdivision (b) of this subdivision;
(g) Percentage by weight of inert matter;
(h) Lot number or other lot identification;
(i) The name and rate of occurrence of each kind of restricted noxious weed seed per
pound when present singly or collectively in excess of the numbers shown in
subdivision (2)(e)(i) of this section;
(j) Name and address of the person who labeled such seed or who sells such seed within
this state; and
(k) Origin, if known. If the origin is unknown, the fact shall be stated;
(b) The viable endophyte test must have been conducted within the last nine months, not
including the month of the test. If the test date exceeds nine months the seed lot must be retested
and relabeled or all references to endophyte must be removed from the label;
(b) Lot number or other lot identification;
(c) The calendar month and year the seeds were tested or the year for which the seed was
packaged for sale as "Packed for (year)";
(d) For seeds which germinate less than the standard last established in the rules and
regulations:
(ii) Percentage of hard seed if present;
(iii) The calendar month and year the test was completed to determine such percentages;
and
(iv) The words "Below Standard" in not less than eight-point type;
(f) The name and rate of occurrence per pound of each kind of restricted noxious weed
seed present; and
(g) The name and address of the person who labeled such seed or who sells such seed
within this state;
(b) Lot number or other lot identification;
(c) For each named vegetable seed:
(ii) The percentage of hard seed if present; and
(iii) The calendar month and year the test was completed to determine such percentages.
Following the information prescribed in subdivisions (i) and (ii) of this subdivision, the
total germination and hard seed percentage may be stated as such, if desired;
(e) Name and address of the person who labeled the seed or who sells such seed within
this state;
(ii) The calendar month and year the seed was tested or the year for which the seed was
packaged for sale as "Packed for (year)"; and
(iii) The name and address of the person who labeled the seed for sale within this state;
(ii) The words "Below Standard" in not less than eight-point type; and
(b) The percentage by weight of pure seed for each flower seed named;
(c) Lot number or other lot identification;
(d) Percentage by weight of all weed seed when present in flower seed;
(e) Name and rate of occurrence per pound of each kind of restricted noxious weed seed,
if present, listed under the heading noxious weed seeds;
(f) The calendar month and year that the seed was tested;
(g) The name and address of the person who labeled the seed or who sells the seed
within this state; and
(h) For those kinds of seed for which standard testing procedures are prescribed in
generally recognized official methods:
(ii) Percentage of hard seed if present; and
(ii) The percentage by weight of inert matter as required by subdivision&nbps;(2)(g) of
this section;
(ii) The calendar month and year in which the test determining the percentage of pure
live seed was completed.
81-2,147.03. Sale; unlawful acts. (1) It shall be unlawful for any person to
sell any agricultural, vegetable, or flower seed within this state:
(b) Not labeled in accordance with the provisions of the Nebraska Seed Law or having a
false and misleading labeling. In case agricultural seed is sold in bulk or sold from bulk, the
information required under section 81-2,147.02 may be supplied by a printed or written
statement to be furnished to any purchaser of such seed;
(c) Pertaining to which there has been a false or misleading advertisement, statement,
invoice, or declaration;
(d) Consisting of or containing primary noxious weed seeds;
(e) Consisting of or containing prohibited noxious weed seeds, subject to recognized
tolerances;
(f) Consisting of or containing restricted noxious weed seeds per pound in excess of the
number declared on the label attached to the container of the seed or associated with the seed,
subject to recognized tolerances. The recognized tolerances shall not exceed one-half of one
percent by weight;
(g) Containing more than two percent by weight of all weed seed other than primary
noxious weed seed, prohibited noxious weed seed, and restricted noxious weed seed. This
subdivision does not apply to agricultural, vegetable, or flower seeds specifically allowed in the
rules and regulations to contain four percent or less by weight of weed seed;
(h) If any labeling, advertising, or other representation subject to the Nebraska Seed Law
represents the seed to be certified or registered seed unless (i) it has been determined by a
certifying agency that such seed was produced, conditioned, and packaged and conforms to
standards of purity as to kind or kind and variety in compliance with rules and regulations of
such agency pertaining to such seed and (ii) the seed bears an official label issued for such seed
by a certifying agency stating that the seed is certified or registered; and
(i) For reproductive purposes which is not certified by an official certifying agency when
it is a variety for which an application has been made or accepted or a certificate of plant variety
protection is issued under the federal Plant Variety Protection Act specifying sale only as a class
of certified seed, except that seed from a certified lot may be labeled as to variety name when
used in a mixture by or with the approval of the owner of the variety.
(b) To disseminate any false or misleading advertisements concerning agricultural,
vegetable, or flower seeds in any manner or by any means;
(c) To hinder or obstruct in any way any authorized person in the performance of his or
her duties under the Nebraska Seed Law;
(d) To fail to comply with a stop-sale order or to move or otherwise handle or dispose of
any lot of seed held under a stop-sale order or tags attached thereto, except with written
permission of the enforcing officer and for the purpose specified thereby;
(e) To sell screenings if they contain any seed of primary, prohibited, or restricted
noxious weeds unless they have been conditioned to destroy the viability of such seed;
(f) To use the word trace as a substitute for any statement which is required;
(g) To use the word type in any labeling in connection with the name of any agricultural
seed variety;
(h) To plant seed which the person knows contains a prohibited noxious weed seed in
excess of the recognized tolerances utilized in subdivision (1)(e) of this section or contains
primary noxious weed seed; or
(i) To alter or falsify any seed label, seed test, laboratory report, record, or other
document in a manner which creates a false or misleading impression as to kind, variety, history,
quality, or origin of the seed.
81-2,147.04. Records; samples; subject to inspection. Each person whose
name appears on the label as handling agricultural, vegetable, or flower seeds subject to the
Nebraska Seed Law shall keep for a period of three years complete records of each lot of
agricultural, vegetable, or flower seed handled and keep for one year a file sample of each lot of
seed after final disposition of the lot. All such records and samples pertaining to the shipment or
shipments involved shall be accessible for inspection by the director during customary business
hours.
81-2,147.05. Exempt seed or grain. (1) Sections 81-2,147.02 and
81-2,147.03 shall not apply:
(b) To seed in storage in, or being transported or consigned to, a cleaning or
conditioning establishment for cleaning or conditioning, except that the invoice or labeling
accompanying any shipment of such seed shall bear the statement Seed for Conditioning, and any
labeling or other representation which may be made with respect to the uncleaned unconditioned
seed shall be subject to the Nebraska Seed Law; or
(c) To any carrier in respect to any seed transported or delivered for transportation in the
ordinary course of its business as a carrier if such carrier is not engaged in producing,
conditioning, or marketing agricultural, vegetable, or flower seeds subject to the Nebraska Seed
Law.
81-2,147.06. Director; powers and duties. (1) The duty of enforcing the
Nebraska Seed Law and carrying out such law and requirements shall be vested in the director. It
shall be the duty of the director:
(b) To adopt and promulgate rules and regulations in compliance with the
Administrative Procedure Act as are specifically authorized in the Nebraska Seed Law governing
the method of sampling, inspecting, analyzing, testing, and examining agricultural, vegetable,
and flower seed and the tolerances to be followed in the administration of the law, which shall be
in general accord with officially prescribed practice in interstate commerce, and such other rules
and regulations as may be necessary to secure the efficient enforcement and full intent of such
law;
(c) To adopt and promulgate rules and regulations in compliance with the
Administrative Procedure Act adding to or subtracting from the primary noxious weed seeds list,
the prohibited noxious weed seeds list, and the restricted noxious weed seeds list, as defined in
section 81-2,147.01, whenever the director finds that a noxious weed seed should or
should not be within one of these lists;
(d) To adopt and promulgate rules and regulations in compliance with the
Administrative Procedure Act establishing reasonable standards of germination for agricultural,
vegetable, and flower seed; and
(e) To adopt and promulgate rules and regulations in compliance with the
Administrative Procedure Act to establish, add to, or subtract from the seeds listed in
subdivision (2)(i) of section 81-2,147.02 and for which the tetrazolium (TZ) test
may be employed as the official test to indicate the potential viability of the seed.
(b) Issue and enforce a written or printed stop-sale order to the owner or custodian of
any lot of agricultural, vegetable, or flower seed which the director finds is in violation of any of
the provisions of the law or rules and regulations adopted and promulgated under such law,
which order shall prohibit further sale, conditioning, and movement of such seed, except on
approval of the enforcing officer, until such officer has evidence that the law has been complied
with and he or she has issued a release from the stop-sale order of such seed. With respect to
seed which has been denied sale, conditioning, or movement as provided in this subdivision, the
owner or custodian of such seed shall have the right to appeal from such order in accordance with
the Administrative Procedure Act, praying for a judgment as to the justification of such order and
for the discharge of such seed from the order prohibiting the sale, conditioning, or movement in
accordance with the findings of the court. This subdivision shall not be construed as limiting the
right of the director to proceed as authorized by other sections of the law;
(c) Establish and maintain or make provision for seed-testing facilities, employ qualified
persons, and incur such expenses as may be necessary to comply with the law or rules and
regulations adopted and promulgated under the law;
(d) Make or provide for making purity, weed seed, tetrazolium (TZ), germination, and
other tests of seed as established in rules and regulations and recommended by rule of the
Association of Official Seed Analysts for persons on request, adopt and promulgate rules and
regulations in compliance with the Administrative Procedure Act governing such testing, and fix
and collect charges for the tests made, which charges shall not exceed the cost of such tests. All
fees shall be remitted to the state treasury and by the State Treasurer placed in the Nebraska Seed
Administrative Cash Fund;
(e) Cooperate with the United States Department of Agriculture and other agencies in
seed law enforcement; and
(f) Cooperate and enter into agreements with any person necessary to carry out the
purpose of the law.
81-2,147.07. Seeds not in compliance with law; remedies; procedure. (1)
Any lot of agricultural, vegetable, or flower seed not in compliance with the Nebraska Seed Law
shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the
locality in which the seed is located. In the event the court finds the seed to be in violation of
such law and orders the condemnation thereof, it shall be denatured, conditioned, destroyed,
relabeled, or otherwise disposed of in compliance with the laws of this state, except that in no
instance shall the court order such disposition of the seed without first having given the claimant
an opportunity to apply to the court for the release of the seed or permission to condition or
relabel it to bring it into compliance with such law.
(2) It shall be the duty of the county attorney of the county in which the seed is located
or the Attorney General when notified by the Department of Agriculture of such need for seizure
to institute appropriate proceedings without delay.
81-2,147.08. Restraining order or injunction; application by director; issued
without bond. The director may apply for a restraining order, a temporary or permanent
injunction, or a mandatory injunction against any person who has violated, is violating, or is
threatening to violate any of the provisions of the Nebraska Seed Law or any rules or regulations
adopted and promulgated under such law. The district court of the county in which the violations
have occurred, are occurring, or are about to occur shall have jurisdiction to grant such relief
upon good cause shown. Relief may be granted notwithstanding the existence of any other
remedy at law and shall be granted without bond.
81-2,147.09. Violations; penalty; hearing; enforcement. Any person
violating the Nebraska Seed Law shall be guilty of a Class IV misdemeanor.
It shall be the duty of the county attorney of the county in which any violation has occurred, is
occurring, or is about to occur or the Attorney General when notified by the Department of
Agriculture of a violation or a threatened violation to institute appropriate proceedings, either
criminal or injunctive, or both, without delay. Before the director reports a violation, an
opportunity shall be given to the person against whom proceedings will be brought to present
such person's views to the director at a hearing held pursuant to the Administrative Procedure
Act.
If after such hearing or without such hearing, in case the defendant or his or her agent or attorney
fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, he
or she shall proceed as provided in this section. The county attorney or the Attorney General, as
the case may be, shall institute proceedings at once against any person charged with a violation of
the Nebraska Seed Law, if in the judgment of the director the information submitted warrants
such action.
After judgment by the court in any case arising under such law, the director shall publish any
information pertinent to the issuance of the judgment by the court in such media as he or she may
designate from time to time.
(a) A word or statement indicating that the seeds have been treated;
(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;
(3) For agricultural, vegetable, and flower seeds that are coated:
(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
(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;
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 Prairie sandreed
Calamovilfa longifolia Ricegrass, Indian Oryzopsis hymenoides
Wheatgrass, western Elymus smithii Switchgrass
Panicum virgatum; and
(a) The percentage of pure seeds with coating material removed;
(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;
(a) The word mixed, mixture, mix, or blend;
(6) For grass seed for which claims are made regarding the beneficial presence of
Acremonium species:
(i) Percentage of germination exclusive of hard seed;
(e) Percentage by weight of all weed seed;
(a) The seed shall have on the analysis label or on a separate label which is in close
proximity to the analysis label the actual percentage of viable endophyte present in each
component and the month and year that a viable endophyte test was performed to establish the
percentage of endophyte present. For mixtures, the oldest test date shall be used. The test date
shall be stated as "Endophyte Test Date". Freshly harvested seed may be labeled and shipped
based on a seed endophyte test until October 1 of the harvest year;
(7) For vegetable seeds in containers prepared for use in home gardens or household
plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices:
(a) The name of the kind and variety of seed;
(8) For vegetable seeds in containers other than containers prepared for use in home
gardens or household plantings and other than preplanted containers, mats, tapes, or other
planting devices:
(i) Percentage of germination exclusive of hard seed;
(e) For seeds placed in a germination medium, mat, tape, or other device in such a way
as to make it difficult to determine the quantity of seed without removing the seeds from the
medium, mat, tape, or other device, a statement to indicate the minimum number of seeds in the
container;
(a) The name of each kind and variety present in excess of five percent and the
percentage by weight of each in order of its predominance;
(9) For flower seeds in containers prepared for use in home gardens or household
plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices:
(i) The percentage of germination exclusive of hard seed;
(d) The name and rate of occurrence per pound of each kind of restricted noxious weed
seed present; and
(a) For all kinds of flower seeds:
(10) For flower seeds in containers other than packets prepared for use in home flower
gardens or household plantings and other than preplanted containers, mats, tapes, or other
planting devices:
(i) The name of the kind and variety or a statement of type and performance
characteristics as established in rules and regulations. Mixtures shall be listed on the label as
mixture, mix, or mixed. Seeds described as native wildflower seeds shall only be seeds from
flowers that are indigenous to North America. Seeds described as introduced wildflower seeds
shall only be seeds from flowers that are not indigenous to North America;
(b) For seeds of those kinds for which standard testing procedures are prescribed, such
as methods published by the Association of Official Seed Analysts or other generally recognized
methods, and which germinate less than the germination standard last established in the rules and
regulations:
(i) Percentage of germination exclusive of hard seeds; and
(c) For seeds placed in a germination medium, mat, tape, or other device in such a way
as to make it difficult to determine the quantity of seed without removing the seeds from the
medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the
container;
(a) The name of the kind and variety or a statement of type and performance
characteristics as established in rules and regulations. Mixtures shall be listed on the label as
mixture, mixed, or mix. Seeds described as native wildflower seeds shall only be seeds from
flowers that are indigenous to North America. Seeds described as introduced wildflower seeds
shall only be seeds from flowers that are not indigenous to North America;
(11) For agricultural seeds sold on a pure live seed basis, as established in the rules and
regulations, the information required by subdivision (2)(a) of this section, except as
modified in this subdivision:
(i) Percentage of germination exclusive of hard seed; and
(a) The label need not show:
(i) The percentage by weight of each agricultural seed component as required by
subdivision (2)(a) of this section; or
(b) The label shall, instead of the information required by subdivision (2)(h) of
this section or subdivision (2)(i) of this section when appropriate, show for each named
agricultural seed:
(i) The percentage of pure live seed as established in the rules and regulations; and
(a) Unless the test to determine the percentage of germination required in
section 81-2,147.02 has been completed within a nine-month period, exclusive of the
calendar month in which the test was completed, immediately prior to sale, except that for those
seeds as established in rules and regulations, the test to determine the percentage of germination
shall have been completed within a twelve-month period, exclusive of the calendar month in
which the test was completed, immediately prior to sale. Seeds packaged in hermetically sealed
containers under the conditions established in rules and regulations may be sold for a period of
thirty-six months after the last day of the month that the seeds were tested prior to packaging. If
the seeds in hermetically sealed containers are sold more than thirty-six months after the last day
of the month in which they were tested prior to packaging, they shall have been retested for
germination within a nine-month period, exclusive of the calendar month in which the retest was
completed, immediately prior to their sale;
(2) It shall be unlawful for any person within this state:
(a) To detach, alter, deface, or destroy any label provided for in the Nebraska Seed Law
or established in the rules and regulations adopted and promulgated under such law or to alter or
substitute seed in a manner that may defeat the purpose of such law;
(3) All seed sold shall be labeled on the basis of tests performed by a seed laboratory
using Rules for Testing Seeds adopted by the Association of Official Seed Analysts as of
January 1, 1997.
(a) To seed or grain not intended for sowing purposes;
(2) No person shall be subject to the penalties of the Nebraska Seed Law for having sold
agricultural, vegetable, or flower seed which was incorrectly labeled or represented as to kind,
variety, or origin, if required, which seeds cannot be identified by examination thereof, unless he
or she has failed to obtain an invoice, genuine grower's declaration, or other labeling information
and to take such other precautions as may be reasonable to insure the identity to be as stated.
(a) To sample, inspect, make analysis of, and test agricultural, vegetable, and flower
seed sold within this state for sowing purposes at such time and place and to such extent as he or
she may deem necessary to determine whether such agricultural, vegetable, or flower seed is in
compliance with the Nebraska Seed Law and to notify promptly the persons who sold the seed of
any violation;
(2) For the purpose of carrying out the law, the director may:
(a) Enter upon any public or private premises during regular business hours in order to
have access to seeds and the records connected with such seeds subject to the law and the rules
and regulations adopted and promulgated under such law and enter any truck or other conveyor
by land, water, or air at any time when the conveyor is accessible for the same purpose;
| Fee: | Applicant sold: |
| Twenty-five dollars | Less than ten thousand pounds of agricultural seed (other than lawn and turf seed); |
| Fifty dollars | Ten thousand or more pounds of agricultural seed (other than lawn and turf seed) and less than two hundred fifty thousand pounds of any kind of seed; |
| One hundred dollars | Two hundred fifty thousand or more pounds and less than five hundred thousand pounds of seeds; |
| Two hundred fifty dollars | Five hundred thousand or more pounds and less than one million pounds of seeds; |
| Three hundred fifty dollars | One million or more pounds and less than five million pounds of seeds; |
| Seven hundred fifty dollars | Five million or more pounds of seeds. |
(2) Subsection (1) of this section shall not apply if the agricultural, vegetable, or flower seeds being labeled and sold are of the breeder or foundation seed classes of varieties developed by publicly financed research agencies intended for the purpose of increasing the quantity of seed available.
(3) The director shall refuse to issue a permit when the application for such permit is not in compliance with the Nebraska Seed Law or any rules and regulations adopted and promulgated pursuant to such law and may cancel any permit when it is subsequently found to be in violation of any provision of such law, rule, or regulation or when the director has satisfactory evidence that the person has used fraudulent or deceptive practices in an attempted evasion of the law, rule, or regulation, except that no permit shall be refused or canceled until the person shall have been given an opportunity to be heard before the director.
81-2,147.11. Nebraska Seed Administrative Cash Fund; created; use;
investment. There is hereby created a fund to be known as the Nebraska Seed
Administrative Cash Fund. All money received pursuant to the Nebraska Seed Law shall be
remitted to the State Treasurer for credit to such fund. All money credited to the fund shall be
used by the Department of Agriculture to aid in defraying the cost of administering such law.
Any money in the fund available for investment shall be invested by the state investment officer
pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
81-2,149. State-certified seeds; plant parts; approval of standards;
certification, defined. Every person, firm, association, or corporation who or which issues,
uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, or
written or printed representation or description of or pertaining to seeds or plant parts intended
for propagation or sale or sold or offered for sale in which the words Nebraska State Certified,
State Certified, Nebraska Certified, or similar words or phrases are used or employed or in which
are used or employed, signs, symbols, maps, diagrams, pictures, words, or phrases expressly or
impliedly stating or representing that such seeds or plant parts comply with or conform to the
standards or requirements recommended or approved by the University of Nebraska Institute of
Agriculture and Natural Resources or by any department, office, agency, or institution of the
State of Nebraska shall be subject to the provisions of sections 81-2,149 to 81-2,154.
Every issuance, use, or circulation of any certificate or any other instrument as described in this
section shall be deemed to be certification as that term is employed in such sections.
81-2,150. State-certified seeds; dealers; observance of rules of University of
Nebraska Institute of Agriculture and Natural Resources required. Every person, firm,
association, or corporation subject to the provisions of sections 81-2,149 to 81-2,154 shall
observe, perform, and comply with all rules, regulations, and requirements fixed, established, or
specified by the University of Nebraska Institute of Agriculture and Natural Resources as to what
crops grown or to be grown in Nebraska shall be eligible for certification, either by the institute
directly or by agents or agencies authorized by it for the purpose, and as to standards,
requirements, and forms of and for certification under such sections, except that not more than
one such agent or agency for certification shall be designated for any one specified crop. No
certification, within the provisions of such sections, shall be made or authorized except by or
through the institute.
81-2,151. State-certified seeds; certification agencies; nonprofit basis.
Certification work, whether conducted by the University of Nebraska Institute of Agriculture and
Natural Resources or by any agency designated by it, shall be on a self-supporting basis and not
for financial profit. The institute may designate as the agency for the certification of seed
potatoes a nonstock, nonprofit cooperative association engaged in the marketing of such potatoes
under exclusive marketing agreements with its growers.
81-2,152. State-certified seeds; certification agencies; legal obligations;
University of Nebraska Institute of Agriculture and Natural Resources not liable. The
University of Nebraska Institute of Agriculture and Natural Resources shall not be financially
responsible for debts incurred by, damages inflicted by, or contracts broken by certifying
agencies in conducting certification work.
81-2,153. State-certified seeds; growers; violations; dishonest practices;
certification may be withheld. The University of Nebraska Institute of Agriculture and
Natural Resources or its designated agency or agencies may withhold certification, for a period
not to exceed two years, from any grower of seeds or plant parts who is engaged in or attempting
to engage in any dishonest practices for the purpose of evading the provisions of
sections 81-2,149 to 81-2,154, including standards, rules, and regulations laid down by the
institute to cover certification.
81-2,154. State-certified seeds; violations; penalty. It shall be unlawful
for any person, firm, association, or corporation to issue, make, use, or circulate any certification
as defined in section 81-2,149 without the authority and approval of the University of
Nebraska Institute of Agriculture and Natural Resources or its duly authorized agency. Every
person, firm, association, or corporation who violates any of the provisions of
sections 81-2,149 to 81-2,154 pertaining to certification shall be guilty of a Class IV
misdemeanor.
81-2,155. Hybrid seed corn, defined; sale; practices forbidden. It shall
be unlawful for any person, firm, corporation or its agents or representatives to sell, offer or
expose for sale, or falsely mark or tag, within the State of Nebraska, any seed corn as hybrid
unless it answers to the following definition: Hybrid seed corn shall be seed of the first
generation of a cross involving two, three or four different inbred lines of corn or their
combinations, and shall be restricted to seed of single crosses, three-way crosses, and double
crosses, these in turn being defined as follows:
(1) Single cross: The first generation of a hybrid between two inbred lines;
(2) Three-way cross: The first generation of a hybrid between a single cross and an
inbred line;
(3) Double cross: The first generation of a hybrid between two single crosses.
81-2,156. Hybrid seed corn; cross, defined. The cross mentioned in
section 81-2,155 shall be produced by cross fertilization, controlled either by hand or by
detasseling under isolation at the proper time.
81-2,157. Hybrid seed corn; violations; penalty. Every violation of the
provisions of sections 81-2,155 and 81-2,156 shall be a Class III misdemeanor. The
Department of Agriculture, through its duly authorized agent or agents, shall report violations of
said sections to the proper county attorney or to the Attorney General for prosecution.