Req. No. 7720 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1989 By: Caldwell (Trey) COMMITTEE SUBSTITUTE An Act relating to agriculture; amending 2 O.S. 2011, Section 8-22, which relates to seed la bels; requiring genetically engineered cotton seed labels contain certain information; establishing minimum warm germination percentage for genetically engineered cotton seed; providing exception; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 2 O.S. 2011, Section 8 -22, is amended to read as follows: Section 8-22. A. Each bag, container, package, or bulk of agricultural seed transported, sold, offered for s ale, or exposed for sale by any person within the State of Oklahoma for planting purposes, shall have, bear, or have attached in a conspicuous place, a plainly written or printed label or tag giving the following information, which shall not be modified or disclaimed in the labeling on the bag or container. B. For treated seed, separate labeling shall show: Req. No. 7720 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. A word or statement that the seed has been treated; 2. The name or "coined name" of the treatment; 3. If harmful, the label must show the stateme nt "Not to be Used for Feed or Food", and if poisonous materials are used, the label must show a caution statement stating words "Poison Treated". C. For agricultural seeds separate labeling shall show: 1. Commonly accepted name as to kind, or kind and v ariety, of each agricultural seed component in excess of five percent (5%) of the whole. If more than one component is present in excess of five percent (5%) of the whole, the word "mixture" or "mixed" shall be shown conspicuously on the tag or label; 2. Net weight; 3. Lot number or other lot identification; 4. Origin, including state or foreign country where grown. If the origin is unknown, that fact shall be stated; 5. Percentage pure seed; 6. Percentage by weight of inert matter; 7. Percentage by weight of agricultural seed, other than the one required to be named on the label (designated as "other crop seed"); 8. Percentage by weight of all weed seeds; 9. The name and rate of occurrence of each kind of restricted noxious weed seed per pound whe n present in any amount; 10. For each named agricultural seed: Req. No. 7720 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. percentage of germination, exclusive of hard seed, b. percentage of hard seed, if present, and c. the calendar month and year the test was completed to determine percentages; 11. Following (A) and (B), above, the "total germination and hard seed" may be stated if desired; and 12. Name and address of the person or vendor who labeled the seed or who sells, offers, or exposes the seed for sale within the state. D. For vegetable seeds labeli ng shall show: 1. Net weight; 2. Name of kind and variety of seed; and 3. For seeds which germinate less than the standard last established by the State Board of Agriculture: a. percentage of germination, exclusive of hard seed, b. percentage of hard seed, if present, c. the calendar month and year the test was completed to determine the percentages, d. the words "below standard" in not less than eight-point type, and e. name and address of the person who labels the seed, or who sells, offers, or exposes t he seed for sale within this state. Req. No. 7720 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. For coated seed. In addition to the required labeling for agricultural and vegetable seeds, when the seeds have been coated, labeling shall show: 1. A word statement that seeds have been coated; and 2. Percentage by weight of inert coating material. F. Beginning January 1, 2024, and until January 1, 2027, in addition to the required labeling requirements under this section, when cotton seeds have been genetically engineered, labeling shall show the percentage of w arm germination. Beginning January 1, 2024, and until January 1, 2027, it shall be unlawful for any person within this state to sell genetically engineered cotton seed that does not meet a minimum eighty -five percent (85%) standard of warm germination, unless the purchaser of the seed acknowledges in writing the warm germination rate of less than eighty -five percent (85%) SECTION 2. This act shall become effective November 1, 2021. 58-1-7720 AMM 02/23/21