§150-23  Prohibiting sales; germination
tests.  A person may not sell, offer, or expose for sale within the State
any agricultural or vegetable seed for planting purposes if any one or more of
the following conditions exist:



(1)  The seed has not been labeled in accordance with
sections 150-24 and 150-25;



(2)  A false or misleading advertisement has been made
with respect to the seed;



(3)  The amount of noxious weed seed and other weed
seed is in excess of tolerances established by rules of the department;



(4)  A testing of the seed, to determine the
percentages of germination, has not been completed within nine months,
exclusive of the calendar month in which the test was completed, before the
date of sale or offer or exposure for sale.  The department, by rule, may
extend the nine-month limitation for seed that has been packaged or processed
under conditions that would greatly extend the viability of the seed;



(5)  Descriptive words or phrases on labels are not
clearly distinguishable from the kind and variety names; or



(6)  The seed has a false or misleading label. [L
1945, c 90, pt of §2; RL 1955, §26-7; am L Sp 1959 2d, c 1, §22; am L 1961, c
132, §2; HRS §150-23; am L 1973, c 14, §1; am L 1987, c 164, §5; am L 1991, c
73, §3; am L 1992, c 98, §2]



 



Cross References



 



  Noxious weed control, see chapter 152.