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

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

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

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

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

(5)  Descriptive words or phrases on labels are notclearly distinguishable from the kind and variety names; or

(6)  The seed has a false or misleading label. [L1945, c 90, pt of §2; RL 1955, §26-7; am L Sp 1959 2d, c 1, §22; am L 1961, c132, §2; HRS §150-23; am L 1973, c 14, §1; am L 1987, c 164, §5; am L 1991, c73, §3; am L 1992, c 98, §2]

 

Cross References

 

  Noxious weed control, see chapter 152.