§ 111.23. Restricted noxious weed seeds.
(a) The presence of restricted noxious weed seeds in agricultural, vegetable and flower seed, other than lawn and turf grasses, and mixtures thereof listed in subsection (b)(1) shall be governed by the following:
(1) List. The seeds of the following plants shall be restricted noxious weed seeds and shall be listed on the tag or label under the heading ‘‘Noxious Weed Seeds’’ by name and number per pound:
(i) Bedstraw (Galium spp.).
(ii) Buckhorn plantain (Plantago lanceolata).
(iii) Corncockle (Agrostemma githago).
(iv) Dodder (Cuscuta spp.).
(v) Horsenettle (Solanum carolinense).
(vi) Perennial sow thistle (Sonchus arvensis).
(vii) Wild garlic (Allium vineale).
(viii) Wild onion (Allium canadense).
(ix) Wild mustard (Brassica juncea, B. lower casek kaber, and B. nigra).
(x) Bull Thistle (Cirsium vulgare).
(xi) Musk Thistle (Carduus nutans).
(2) Other states. Seeds designated as noxious weed seeds in other states shall be listed under the heading ‘‘Noxious Weed Seeds’’ if included on the tag or label.
(3) Rate of occurrence in small size seeds. The seeds of Agrostis spp., Bermuda grass, timothy, orchardgrass, fescues, alsike and white clover, Reed canary grass, ryegrass, foxtail millet, alfalfa, red clover, sweet clovers, lespedezas, smooth brome, tall oat grass, crimson clover, Brassica spp., flax, Agropyron spp., and other agricultural, vegetable and flower seeds of similar size and weight or mixtures thereof shall not contain more than one seed or bulblet, single or collectively, of restricted noxious weed seeds per 5 grams of seed-equivalent to 90 weed seeds per pound-except that not more than five seeds of buckhorn plantain per 5 grams of agricultural seed may be permitted equivalent to 450 weed seeds per pound.
(4) Rate of occurrence in large size seeds. The seeds of wheat, Sudan grass, oats, rye, barley, buckwheat, sorghums, vetches and other agricultural, vegetable and flower seeds of similar or greater size and weight or mixtures thereof may not contain more than one seed of restricted noxious weed seeds per 100 grams of seed-equivalent to five seeds per pound-except that not more than five seeds of buckhorn plantain per 100 grams of agricultural seeds may be permitted-equivalent to 25 weed seeds per pound, and seed wheat is not permitted to contain bulblets of wild garlic or wild onion-equivalent to zero bulblets per pound.
(b) The presence of restricted noxious weed seeds in lawn and turf grasses and mixtures thereof shall be governed by the following:
(1) Except as provided in paragraph (3), the seeds of the following plants shall be restricted noxious weed seeds and shall be listed on the tag or label under the heading ‘‘Undesirable Grass Seeds’’ or ‘‘Restricted Noxious Weed Seeds’’ by name and number per pound when present in bentgrass, Kentucky bluegrass, chewings fescue, hard fescue, red fescue, varieties of named turf type tall fescue, varieties of perennial ryegrass or mixtures containing these grasses:
(i) Bermudagrass. (Cynodon spp.).
(ii) Annual bluegrass. (Poa annua).
(iii) Rough bluegrass. (Poa trivialis).
(iv) Bentgrass (creeping, colonial, velvet), (Agrostis spp.).
(v) Meadow fescue (Festuca pratensis).
(vi) Tall fescue (Festuca arundinaceae).
(vii) Orchardgrass (Dactylis glomerata).
(viii) Timothy (Phleum pratense).
(ix) Velvetgrass (Holcus lanatus).
(x) Redtop (Agrostis gigantea).
(2) Restricted noxious weed seeds set forth in paragraph (1) may not exceed 0.50% by weight.
(3) The restricted noxious weed seeds set forth in paragraph (1) may not apply:
(i) To grasses or mixtures clearly labeled for pasture, forage, hay, conservation or spoil bank reclamation usages.
(ii) When the seeds are present in excess of 5.0% of the whole and the label contains the information required by § 111.13(a)(1) (relating to labeling of lawn or turf grasses and mixtures).
Source The provisions of this § 111.23 amended through November 7, 1986, effective November 8, 1986, 16 Pa.B. 4383; amended May 22, 2009, effective June 22, 2009, 39 Pa.B. 2573. Immediately preceding text appears at serial pages (260956) to (260957).
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