2-1421.   Unlawful acts.(a) It is unlawful for any person to sell,offer for sale, expose for sale or advertise by commercialmeans any agricultural seed forseeding purposes: (1) Unless a test has been made to determine thepercentage of germination and it shall have been completed within anine-month period (exclusive of the calendar month in which the test wascompleted) immediately prior to sale, exposure for sale or offering for sale;

      (2)   which is not labeled in accordance with the provisions of this act;

      (3)   which has a false, misleading or incomplete label;

      (4)   which contains noxious weed seeds;

      (5)   which contains restricted weed seeds in excess of thequantity prescribed by subsection (k) of K.S.A. 2-1415, and amendments thereto;

      (6)   which contains more than 1% of weed seeds by weight, exceptsmooth bromegrass, fescues, orchard grass, wheatgrasses, and lespedezawhich contain more than 2% weed seed by weight and chaffy range grasseswhich contain more than 4% by weight;

      (7)   if any label, advertisement or other mediarepresents such agricultural seed to be certified or registered, unless:(A) Such certification or registration has been determined byan official seed certifying agency; and (B) such seed bears anofficial label issued for such seed by such agency stating that theseed is certified or registered;

      (8)   by variety name not certified by an officialseed certifying agency when it is a variety for which a certificate of plantvariety protection has beenissued under the plant variety protection act, as amended, and as in effect onJuly 1, 1997, specifyingsale only as a class of certified seed, except that seed from a certifiedlot may be labeled as to variety name when used in a mixture by, or withthe approval of, the owner of the variety;

      (9)   without having registered with the secretary as required by K.S.A.2-1421a, and amendments thereto.

      (b)   It is unlawful for any person:

      (1)   To alter or deface any label so that the information is false ormisleading or to mutilate any label;

      (2)   to disseminate any false or misleading advertisements concerningagricultural seed;

      (3)   to issue any statement, invoice or declaration as to thevariety of any agricultural seed which is false or misleading;

      (4)   to hinder or obstruct the secretary or an authorized representativeof the secretary in the performance of official duties;

      (5)   to fail to comply with a stop sale order, or to move orotherwise handle or dispose of any quantity of seed held under a stopsale order, or a stop sale tag attached thereto, except withexpress permission of the enforcing officer in writing and except forthe purpose specified therein;

      (6)   to use the word "trace" as a substitute for any statement which is required;

      (7)   to use the word "type" in any labeling in connection with the nameof any agricultural seed variety.

      (c)   Except as provided in subsection (a)(8), it shall not be a violation ofthis act for the grower ofagricultural seed to sell, offer or expose for salefor planting or seeding purposes agricultural seed which has not beentested and labeled when the agricultural seed:

      (1)   Has been grown on the grower's premises;

      (2)   is free from noxious weed seed; and

      (3)   does not contain any restricted weed seed in excess of thequantity prescribed by subsection (k) of K.S.A. 2-1415, and amendmentsthereto. Agricultural seed sold pursuant to this exemption shall not beadvertised by commercial means unless such advertisement specificallystates such agricultural seed is bin run orwhether such seed has been tested.

      History:   L. 1935, ch. 4, § 7; L. 1961, ch. 5, § 4; L. 1978,ch. 5, § 1;L. 1985, ch. 10, § 4;L. 1990, ch. 4, § 3;L. 1997, ch. 63, § 2; July 1.