§ 2-6-4 Prohibitions. – (a) It is unlawful for any person to sell, offer for sale, expose for sale, ortransport for sale any agricultural or vegetable seed within this state:
(1) Unless the test to determine the percentage ofgermination required by § 2-6-3 has been completed within a nine (9) monthperiod exclusive of the calendar month in which the test was completed,immediately prior to sale, exposure for sale, or offering for sale ortransportation, except that seeds packaged in hermetically-sealed containersunder the conditions defined in rules and regulations promulgated under theprovisions of this chapter may be sold, exposed for sale or offered for sale ortransportation for a period of thirty-six (36) months after the last day of themonth that the seeds were tested for germination prior to packaging. If seedsin hermetically-sealed containers are sold, exposed for sale, or offered forsale or transportation more than thirty-six (36) months after the last day ofthe month in which they were tested prior to packaging, they must have beenretested for germination within the nine (9)-month period, exclusive of thecalendar month in which the retest was completed, immediately prior to sale,exposure for sale, or offering for sale or transportation;
(2) Not labeled in accordance with the provisions of thischapter or having a false or misleading labeling;
(3) Pertaining to which there has been false or misleadingadvertisement;
(4) Consisting of or containing prohibited noxious weedseeds, subject to recognized tolerances;
(5) Consisting of or containing restricted noxious weed seedsper pound in excess of the number prescribed by rules and regulationspromulgated under this chapter, or in excess of the number declared on thelabel attached to the container of the seed or associated with the seed;
(6) Containing more than two and one-half percent (21/2%) byweight of all weed seeds;
(7) If any labeling, advertising, or other representationssubject to this chapter represents the seed to be certified or registered seedunless:
(i) It has been determined by a seed certifying agency thatthe seed was produced, processed, and packaged, and conforms to standards ofpurity as to kind or variety, in compliance with rules and regulations of theagency pertaining to the seed; and
(ii) The seed bears an official label issued for the seed bya seed certifying agency stating that the seed is certified or registered.
(b) It is unlawful for any person within this state:
(1) To detach, alter, deface, or destroy any label providedfor in this chapter or the rules and regulations made and promulgated underthis chapter, or to alter or substitute seed in a manner that may defeat thepurpose of this chapter;
(2) To disseminate any false or misleading advertisementsconcerning agricultural or vegetable seeds in any manner or by any means;
(3) To hinder or obstruct in any way, any authorized personin the performance of his or her duties under this chapter;
(4) To fail to comply with a "stop sale" order or to move orotherwise handle or dispose of any lot of seed held under a "stop sale" orderor tags attached to the lot of seed, except with the express permission of thedirector and for the purpose specified by the director.
(5) To use the word "trace" as a substitute for any statementwhich is required.
(6) To use the word "type" in any labeling in connection withthe name of any agricultural seed variety.
§ 2-6-4 Prohibitions. – (a) It is unlawful for any person to sell, offer for sale, expose for sale, ortransport for sale any agricultural or vegetable seed within this state:
(1) Unless the test to determine the percentage ofgermination required by § 2-6-3 has been completed within a nine (9) monthperiod exclusive of the calendar month in which the test was completed,immediately prior to sale, exposure for sale, or offering for sale ortransportation, except that seeds packaged in hermetically-sealed containersunder the conditions defined in rules and regulations promulgated under theprovisions of this chapter may be sold, exposed for sale or offered for sale ortransportation for a period of thirty-six (36) months after the last day of themonth that the seeds were tested for germination prior to packaging. If seedsin hermetically-sealed containers are sold, exposed for sale, or offered forsale or transportation more than thirty-six (36) months after the last day ofthe month in which they were tested prior to packaging, they must have beenretested for germination within the nine (9)-month period, exclusive of thecalendar month in which the retest was completed, immediately prior to sale,exposure for sale, or offering for sale or transportation;
(2) Not labeled in accordance with the provisions of thischapter or having a false or misleading labeling;
(3) Pertaining to which there has been false or misleadingadvertisement;
(4) Consisting of or containing prohibited noxious weedseeds, subject to recognized tolerances;
(5) Consisting of or containing restricted noxious weed seedsper pound in excess of the number prescribed by rules and regulationspromulgated under this chapter, or in excess of the number declared on thelabel attached to the container of the seed or associated with the seed;
(6) Containing more than two and one-half percent (21/2%) byweight of all weed seeds;
(7) If any labeling, advertising, or other representationssubject to this chapter represents the seed to be certified or registered seedunless:
(i) It has been determined by a seed certifying agency thatthe seed was produced, processed, and packaged, and conforms to standards ofpurity as to kind or variety, in compliance with rules and regulations of theagency pertaining to the seed; and
(ii) The seed bears an official label issued for the seed bya seed certifying agency stating that the seed is certified or registered.
(b) It is unlawful for any person within this state:
(1) To detach, alter, deface, or destroy any label providedfor in this chapter or the rules and regulations made and promulgated underthis chapter, or to alter or substitute seed in a manner that may defeat thepurpose of this chapter;
(2) To disseminate any false or misleading advertisementsconcerning agricultural or vegetable seeds in any manner or by any means;
(3) To hinder or obstruct in any way, any authorized personin the performance of his or her duties under this chapter;
(4) To fail to comply with a "stop sale" order or to move orotherwise handle or dispose of any lot of seed held under a "stop sale" orderor tags attached to the lot of seed, except with the express permission of thedirector and for the purpose specified by the director.
(5) To use the word "trace" as a substitute for any statementwhich is required.
(6) To use the word "type" in any labeling in connection withthe name of any agricultural seed variety.
§ 2-6-4 Prohibitions. – (a) It is unlawful for any person to sell, offer for sale, expose for sale, ortransport for sale any agricultural or vegetable seed within this state:
(1) Unless the test to determine the percentage ofgermination required by § 2-6-3 has been completed within a nine (9) monthperiod exclusive of the calendar month in which the test was completed,immediately prior to sale, exposure for sale, or offering for sale ortransportation, except that seeds packaged in hermetically-sealed containersunder the conditions defined in rules and regulations promulgated under theprovisions of this chapter may be sold, exposed for sale or offered for sale ortransportation for a period of thirty-six (36) months after the last day of themonth that the seeds were tested for germination prior to packaging. If seedsin hermetically-sealed containers are sold, exposed for sale, or offered forsale or transportation more than thirty-six (36) months after the last day ofthe month in which they were tested prior to packaging, they must have beenretested for germination within the nine (9)-month period, exclusive of thecalendar month in which the retest was completed, immediately prior to sale,exposure for sale, or offering for sale or transportation;
(2) Not labeled in accordance with the provisions of thischapter or having a false or misleading labeling;
(3) Pertaining to which there has been false or misleadingadvertisement;
(4) Consisting of or containing prohibited noxious weedseeds, subject to recognized tolerances;
(5) Consisting of or containing restricted noxious weed seedsper pound in excess of the number prescribed by rules and regulationspromulgated under this chapter, or in excess of the number declared on thelabel attached to the container of the seed or associated with the seed;
(6) Containing more than two and one-half percent (21/2%) byweight of all weed seeds;
(7) If any labeling, advertising, or other representationssubject to this chapter represents the seed to be certified or registered seedunless:
(i) It has been determined by a seed certifying agency thatthe seed was produced, processed, and packaged, and conforms to standards ofpurity as to kind or variety, in compliance with rules and regulations of theagency pertaining to the seed; and
(ii) The seed bears an official label issued for the seed bya seed certifying agency stating that the seed is certified or registered.
(b) It is unlawful for any person within this state:
(1) To detach, alter, deface, or destroy any label providedfor in this chapter or the rules and regulations made and promulgated underthis chapter, or to alter or substitute seed in a manner that may defeat thepurpose of this chapter;
(2) To disseminate any false or misleading advertisementsconcerning agricultural or vegetable seeds in any manner or by any means;
(3) To hinder or obstruct in any way, any authorized personin the performance of his or her duties under this chapter;
(4) To fail to comply with a "stop sale" order or to move orotherwise handle or dispose of any lot of seed held under a "stop sale" orderor tags attached to the lot of seed, except with the express permission of thedirector and for the purpose specified by the director.
(5) To use the word "trace" as a substitute for any statementwhich is required.
(6) To use the word "type" in any labeling in connection withthe name of any agricultural seed variety.
