Each container of tree and shrub seed which is sold, offered for sale, or exposed for sale, or transplanted 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 — except that labeling of seed supplied under a contractual agreement may be by invoice accompanying the shipment or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling.

(1) For all tree and shrub seeds treated as defined in this chapter (for which a separate label may be used):

a. A word or statement indicating that the seed has been treated;

b. The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;

c. If the substance in the amount present with the seed is harmful to human or other vertebrate animals a caution statement such as “Do not use for food or feed or oil purposes.” The caution for mercurials and similarly toxic substances shall be a poison statement and symbol;

d. If the seed has been treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

(2) For all tree and shrub seeds subject to this chapter:

a. Common name of the species of seed (and subspecies, if appropriate);

b. The scientific name of the genus and species (and subspecies if appropriate);

c. Lot number or other lot identification;

d. Origin;

1. For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as state or county;

2. For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand or state “Origin not Indigenous”;

e. The elevation or the upper and lower limits of elevation within which the seed was collected;

f. Purity as a percentage of pure seed by weight;

g. For those species for which standard germination testing procedures are prescribed by the department the following:

1. Percentage germination exclusive of hard seed;

2. Percentage of hard seed, if present;

3. Calendar month and year test was completed to determine the percentages.

h. In lieu of subparagraphs 1., 2. and 3. of paragraph g., the seed may be labeled “Test is in process, results will be supplied upon request”;

i. For those species for which standard germination testing procedures have not been prescribed by the Department the calendar year in which the seed was collected;

j. The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.

3 Del. C. 1953, § 1502A; 57 Del. Laws, c. 147; 57 Del. Laws, c. 764, § 6.