Below standard
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Where the standards come from
7 CFR 201.31 establishes minimum germination standards for vegetable seeds in interstate commerce under section 403(c) of the Act, construed to include hard seed. It is a plain table of crop names and percentages, and it runs to about seventy-five entries.
Some of the numbers
Carrot 55, celery 55, pepper 55, parsley 60, leek 60, onion 70, beet 65, tomato 75, radish 75, cabbage 75, cucumber 80, lettuce 80, pea 80, turnip 80, collards 80. Water cress is 40 and New Zealand spinach is 40, the lowest on the table.
What below standard requires
The words "Below Standard" clearly shown in a conspicuous place on the label or on the face of the container, in type no smaller than 8 points, and the variety also labeled to show the percentage of germination and the percentage of hard seed if any.
It is not a prohibition
Below-standard seed may be sold; it has to be disclosed. That is worth understanding, because the instinct is either to hide the figure or to discard the lot, and the rule asks for neither.
Conspicuous is a real requirement
Clearly shown, in a conspicuous place, at 8 points or larger. A compliant disclosure in small gray type on a busy packet back is arguably none of those, and the rule gives a floor rather than a target.
Mixtures take the oldest date
For a seed mixture it is only necessary to state the calendar month and year of test for the component with the oldest test date among all the kinds in the mixture. So a mixture is paced by its stalest component.
Retesting can move a lot across the line
Germination falls with time and storage conditions, so a lot that was at standard can drop below it. The disclosure obligation follows the current test, which is another reason the test date and the package are a single decision.