Mississippi Code

Miss. Code Ann. § 69-3-5 (2026)

Labeling requirements

✓ current as of July 2026

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(1) Each container of agricultural, vegetable, flower, or tree and shrub seeds sold, offered for sale, or exposed for sale, or transported within this state for seeding purposes shall bear thereon or have attached in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information:
- (a) For agricultural seed:
  - (i) The commonly accepted name of kind and variety of each agricultural seed present in excess of five percent (5%) of the whole and the percentage by weight of each in the order of its predominance. When more than one (1) kind and variety is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label, but the commissioner may by regulation permit certain kinds of seed to be labeled "mixed" without showing the percentage of each variety present. Hybrids shall be labeled with the name and/or number by which the hybrid is commonly designated.
  - (ii) Lot number or other designation.
  - (iii) Net weight.
  - (iv) Origin.
  - (v) Percentage by weight of all weed seed, including noxious weed seed.
  - (vi) Percentage by weight of inert matter.
  - (vii) Percentage by weight of other crop seed.
  - (viii) For each named agricultural seed:
    - 1. Percentage of germination, exclusive of hard seed or firm seed.
    - 2. Percentage of hard seed, if present.
    - 3. Percentage of firm ungerminated seed, if present.
    - 4. The calendar month and year the test was completed to determine such percentages.
  - (ix) The name and number per pound of each kind of restricted noxious weed seed.
  - (x) The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
  - (xi) In addition to the above label requirements, the commissioner may, by regulation, require certain additional information for the label.
- (b) For vegetable seed in containers of more than one (1) pound:
  - (i) Name of kind and variety of seed.
  - (ii) Net weight.
  - (iii) Lot number or other identification.
  - (iv) Percentage of germination, exclusive of hard seed.
  - (v) Percentage of hard seed, if present.
  - (vi) Calendar month and year the test was completed to determine such percentages.
  - (vii) The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
  - (viii) For seeds which germinate less than standards prescribed under rules and regulations, the words "below standard" in not less than 8-point type must be written or printed on face of tag in addition to other information required.
- (c) For vegetable seed in containers of one (1) pound or less:
  - (i) Name of kind and variety.
  - (ii) The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
  - (iii) For seed which germinate less than the standards prescribed for such seed under rules and regulations, the following additional information must be shown:
    - 1. Percentage of germination, exclusive of hard seed.
    - 2. Percentage of hard seed, if present.
    - 3. Calendar month and year the test was completed to determine such percentage.
    - 4. The words "below standard" in not less than 8-point type.
- (d) For flower seed:
  Flower seed shall be labeled to comply with rules and regulations promulgated under this article.
- (e) For tree and shrub seed:
  Tree and shrub seed shall be labeled to comply with the rules and regulations promulgated under this article.
- (f) For treated seed:
  All seed treated shall be labeled to comply with the rules and regulations promulgated under this article.

(2) The labeler shall keep records of the year of production and blending components of all agricultural or vegetable seed in each lot labeled, distributed or offered for sale within the state. Upon request the records of each lot of seed shall be made available to the purchaser of seed from such lots either through information on the label, the container or other means that may be required by regulation to provide the information requested in a timely manner.

Codes, 1942, § 4397-03; Laws, 1964, ch. 204, § 3; Laws, 2000, ch. 623, § 2, eff. 7/1/2000.

Notes of Decisions

Cited in 2 cases, 1999–2006 · leading case: Delta & Pine Land Co. & Mississippi Agric. & Forestry Experiment Station v. The Sinkers Corp., 177 F.3d 1343 (Fed. Cir. 1999).

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Delta & Pine Land Co. & Mississippi Agric. & Forestry Experiment Station v. The Sinkers Corp., 177 F.3d 1343 (Fed. Cir. 1999). “…in excess of five per cent (5%) of the whole and the percentage by weight of each in the order of its predominance. Miss.Code Ann. § 69-3-5 (1991).”

Delta & Pine Land Co. v. Burns, 926 So. 2d 901 (Miss. 2006). “Miss.Code Ann. § 69-3-5 (1999). Under the 1999 version of the statute, a consumer alleging damage "by the failure of agricultural, vegetable, flower or forest tree seed to produce or perform as represented by the label attached to such seed under the provisions of Section…”

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