Front Range Seed Analysts
1995 Seed Forum Volume 9 Number 1
Labeling by count: An update.
by Bill Ebener
Mesa Maize, Inc.
PO Box 250
Olathe, CO 81425
A notice in the December, 1994 issue of Indiana Seed News, the official newsletter of the Indiana Crop Improvement Association, Inc., alerted me to several "new" laws that affect quantity packaging and labeling requirements for seed. In particular, the Seed News stated that Indiana would begin enforcement as of November, 1994, of metric labeling requirements on seed tags and bags.
Further exploration of the metric simation in Indiana turned up a similar, but more involved situation in Illinois. Specifically, the Illinois seed law requires that all labeling adhere to the Illinois Weights and Measures Act and adopted regulations. The Illinois Bureau of Weights and Measures has adopted numerous uniform laws and regulations established by the National Institute of Standards and Technology (NIST). In addition to metric labeling (specified by NIST Handbook 130 sec. 6.1), NIST Handbook 130 (sec. 6.14) also States that in no case shall any declaration of quantity be qualified by the addition of the words "when packed," "minimum" or "not less than," or any words of similar import, nor shall any unit of weight, measure, or count be qualified by any term. (such as "jumbo," "giant," "full," or the like) that tends to exaggerate the amount of commodity. The declaration of "approximately" for seed count is not acceptable when labeling products.
Within the NIST Packaging and Labeling Regulation. (this includes sec. 6 discussed above) is sec. 12 "Variationsto be Allowed."This section is of particular importance to those companies that label their seed bags by count because sec 12.2 specifies the magnitude of permitted variation. NIST Handbook 133 establishes the maximum allowable variation (MAV) for packages labeled by count. The MAV for individual packages increases as the label of count increases. For products that are labeled with a seed count of 1334 or more (that is any container with more than 1334 seeds in it). the MAV is 1.5% of the label count rounded to the nearest whole number. The MAV applies only to shortages in package count and does not pertain to counts found exceeding the labeled count. MAVs apply only to individual package errors. The average count of the lot of bags offered for sale must equal or exceed the count declaration labeled on the bag. Although labeled seed counts are not required by the Federal Seed Act, any such labeling must be truthful and in compliance with established State packaging and labeling regulations.
According to the
NIST (as of July 1994) most States (Alaska has NO weights and measures
law, New Mexico, Norih Dakota, and Wyoming have NO packaging and labeling
regulations; District of Columbia, Nevada, New Jersey, and Washington have
NO regulations for checking the net contents of packaged goods)
have adopted NIST Uniform Laws and Regulations from earlier years and
some states automatically adopt NIST laws and regulations on an annual
basis. This is an important item for companies that are located or
sell product in states that adopt NIST guidelines for their weights and
measures "law."
Be aware, in Colorado, and in most other states, there are current laws governing the accuracy of seed packages that a re labeled by count as well as metric labeling and quantity qualifier regulations. These laws and regulations are enforceable, however, not all states actively enforce them. The critical issue for those of us in the seed industry that label by count concerns how appropriate the 1.5% MAV is for seed. Currently, the Illinois Department of Agriculture is conducting a study which reviews seed count data, methodology, and other related information to determine the accuracy of MAV's for seed. It is the Department's intention that tolerances be established at the National level and applicable for all until the National study is completed and any recommendations adopted. Until the NIST is changed, the current 1.5% MAV is the law, in many states, regarding seed count accuracy for packages containing 1334 or more seeds.
References:
Illinois Dep't. of Ag. PO Box 19281, Springfield, Ill 62794
(217) 782-3817
Colorado Dep't. of Ag. 3125 Wyandot St., Denver, CO 80211 (303) 866-2845
National Bureau of Standards, NIST Ken Butcher, Fax (301) 975-3991