1. Transport, offer for transportation, sell, or offer for sale seed or seedmixtures:
a. Unless the germination test to determine the percentage of germinationrequired by § 3.2-4008 is completed within nine months prior to the month oftransportation, sale, or offer for sale;
b. Not labeled in compliance with this article, not registered or falselystated to be registered under § 3.2-4009, or having a false or misleadinglabeling or claim;
c. If there has been a false or misleading advertisement with regards to theseed;
d. Consisting of, or containing prohibited noxious-weed seeds in any amount;
e. Containing restricted noxious-weed seeds, except as prescribed byregulations;
f. Containing weed seeds in excess of one percent by weight, except asprescribed by regulations;
g. That have been treated and not labeled as required;
h. To which there is affixed names or terms that create a misleadingimpression as to the kind, kind and variety, history, productivity, quality,or origin of the seed;
i. Represented to be certified, registered, or foundation seed unless it hasbeen produced, processed and labeled in accordance with the procedures and incompliance with regulations of an officially recognized certifying agency;
j. Represented to be a hybrid unless such seed conforms to the definition ofa hybrid as defined in this article except those kinds named in regulationsadopted by the Board as having agronomic value and flower seed generallydefined as hybrids prior to the enactment of subsections G and H of §3.2-4008 on July 1, 1966 as determined by regulations adopted by the Board;
k. Hybrid seed from a crop that has been inspected in the field by a dulyauthorized inspector and rejected because of failure to conform to thecontrolled conditions as specified by regulations;
l. Unless it conforms to the definition of a "lot"; and
m. Unless the variety or hybrid name or designation is the first variety orhybrid name or designation assigned to it by the owner of the variety orhybrid.
2. Transport, offer for transportation, sell, or offer for sale screeningsunless labeled as provided in subsection F of § 3.2-4008.
3. Detach, alter, deface, or destroy any label required pursuant to thisarticle or alter or substitute seed in any manner that may defeat the purposeof this article.
4. Disseminate false or misleading advertisement concerning agricultural,vegetable, flower, tree and shrub, lawn and turf seeds, or screenings.
5. Hinder or obstruct the Commissioner in the performance of his duties.
6. Fail to comply with or supply inaccurate information in reply to a stopsale order; remove labels attached to or dispose of seed or screenings heldunder such order except as specified by the Commissioner.
7. Use the name of the Department or the results of tests and inspectionsmade by the Department for advertising purposes.
8. Use the words "type" or "trace" in lieu of information required bythis article.
9. Label and offer for sale seed without keeping complete records asspecified in § 3.2-4006.
10. Fail to obtain a license in accordance with § 3.2-4005.
11. Fail to register a lawn and turf seed mixture in accordance with §3.2-4009.
12. Fail to pay inspection fees in accordance with § 3.2-4010.
13. Sell, offer for sale, or advertise as noncertified a variety if acertificate of plant variety protection has been issued under the PlantVariety Protection Act specifying sale only as a class of certified seed. Theguarantor may label seed from a certified lot by variety name when theguarantor uses the seed in a mixture if the guarantor is the owner of thevariety or the owner of the variety gives the guarantor approval to use thevariety name.
(Code 1950, § 3-219.4; 1958, c. 483; 1966, cc. 9, 702, § 3.1-265; 1994, c.577; 2008, c. 860.)
1. Transport, offer for transportation, sell, or offer for sale seed or seedmixtures:
a. Unless the germination test to determine the percentage of germinationrequired by § 3.2-4008 is completed within nine months prior to the month oftransportation, sale, or offer for sale;
b. Not labeled in compliance with this article, not registered or falselystated to be registered under § 3.2-4009, or having a false or misleadinglabeling or claim;
c. If there has been a false or misleading advertisement with regards to theseed;
d. Consisting of, or containing prohibited noxious-weed seeds in any amount;
e. Containing restricted noxious-weed seeds, except as prescribed byregulations;
f. Containing weed seeds in excess of one percent by weight, except asprescribed by regulations;
g. That have been treated and not labeled as required;
h. To which there is affixed names or terms that create a misleadingimpression as to the kind, kind and variety, history, productivity, quality,or origin of the seed;
i. Represented to be certified, registered, or foundation seed unless it hasbeen produced, processed and labeled in accordance with the procedures and incompliance with regulations of an officially recognized certifying agency;
j. Represented to be a hybrid unless such seed conforms to the definition ofa hybrid as defined in this article except those kinds named in regulationsadopted by the Board as having agronomic value and flower seed generallydefined as hybrids prior to the enactment of subsections G and H of §3.2-4008 on July 1, 1966 as determined by regulations adopted by the Board;
k. Hybrid seed from a crop that has been inspected in the field by a dulyauthorized inspector and rejected because of failure to conform to thecontrolled conditions as specified by regulations;
l. Unless it conforms to the definition of a "lot"; and
m. Unless the variety or hybrid name or designation is the first variety orhybrid name or designation assigned to it by the owner of the variety orhybrid.
2. Transport, offer for transportation, sell, or offer for sale screeningsunless labeled as provided in subsection F of § 3.2-4008.
3. Detach, alter, deface, or destroy any label required pursuant to thisarticle or alter or substitute seed in any manner that may defeat the purposeof this article.
4. Disseminate false or misleading advertisement concerning agricultural,vegetable, flower, tree and shrub, lawn and turf seeds, or screenings.
5. Hinder or obstruct the Commissioner in the performance of his duties.
6. Fail to comply with or supply inaccurate information in reply to a stopsale order; remove labels attached to or dispose of seed or screenings heldunder such order except as specified by the Commissioner.
7. Use the name of the Department or the results of tests and inspectionsmade by the Department for advertising purposes.
8. Use the words "type" or "trace" in lieu of information required bythis article.
9. Label and offer for sale seed without keeping complete records asspecified in § 3.2-4006.
10. Fail to obtain a license in accordance with § 3.2-4005.
11. Fail to register a lawn and turf seed mixture in accordance with §3.2-4009.
12. Fail to pay inspection fees in accordance with § 3.2-4010.
13. Sell, offer for sale, or advertise as noncertified a variety if acertificate of plant variety protection has been issued under the PlantVariety Protection Act specifying sale only as a class of certified seed. Theguarantor may label seed from a certified lot by variety name when theguarantor uses the seed in a mixture if the guarantor is the owner of thevariety or the owner of the variety gives the guarantor approval to use thevariety name.
(Code 1950, § 3-219.4; 1958, c. 483; 1966, cc. 9, 702, § 3.1-265; 1994, c.577; 2008, c. 860.)
1. Transport, offer for transportation, sell, or offer for sale seed or seedmixtures:
a. Unless the germination test to determine the percentage of germinationrequired by § 3.2-4008 is completed within nine months prior to the month oftransportation, sale, or offer for sale;
b. Not labeled in compliance with this article, not registered or falselystated to be registered under § 3.2-4009, or having a false or misleadinglabeling or claim;
c. If there has been a false or misleading advertisement with regards to theseed;
d. Consisting of, or containing prohibited noxious-weed seeds in any amount;
e. Containing restricted noxious-weed seeds, except as prescribed byregulations;
f. Containing weed seeds in excess of one percent by weight, except asprescribed by regulations;
g. That have been treated and not labeled as required;
h. To which there is affixed names or terms that create a misleadingimpression as to the kind, kind and variety, history, productivity, quality,or origin of the seed;
i. Represented to be certified, registered, or foundation seed unless it hasbeen produced, processed and labeled in accordance with the procedures and incompliance with regulations of an officially recognized certifying agency;
j. Represented to be a hybrid unless such seed conforms to the definition ofa hybrid as defined in this article except those kinds named in regulationsadopted by the Board as having agronomic value and flower seed generallydefined as hybrids prior to the enactment of subsections G and H of §3.2-4008 on July 1, 1966 as determined by regulations adopted by the Board;
k. Hybrid seed from a crop that has been inspected in the field by a dulyauthorized inspector and rejected because of failure to conform to thecontrolled conditions as specified by regulations;
l. Unless it conforms to the definition of a "lot"; and
m. Unless the variety or hybrid name or designation is the first variety orhybrid name or designation assigned to it by the owner of the variety orhybrid.
2. Transport, offer for transportation, sell, or offer for sale screeningsunless labeled as provided in subsection F of § 3.2-4008.
3. Detach, alter, deface, or destroy any label required pursuant to thisarticle or alter or substitute seed in any manner that may defeat the purposeof this article.
4. Disseminate false or misleading advertisement concerning agricultural,vegetable, flower, tree and shrub, lawn and turf seeds, or screenings.
5. Hinder or obstruct the Commissioner in the performance of his duties.
6. Fail to comply with or supply inaccurate information in reply to a stopsale order; remove labels attached to or dispose of seed or screenings heldunder such order except as specified by the Commissioner.
7. Use the name of the Department or the results of tests and inspectionsmade by the Department for advertising purposes.
8. Use the words "type" or "trace" in lieu of information required bythis article.
9. Label and offer for sale seed without keeping complete records asspecified in § 3.2-4006.
10. Fail to obtain a license in accordance with § 3.2-4005.
11. Fail to register a lawn and turf seed mixture in accordance with §3.2-4009.
12. Fail to pay inspection fees in accordance with § 3.2-4010.
13. Sell, offer for sale, or advertise as noncertified a variety if acertificate of plant variety protection has been issued under the PlantVariety Protection Act specifying sale only as a class of certified seed. Theguarantor may label seed from a certified lot by variety name when theguarantor uses the seed in a mixture if the guarantor is the owner of thevariety or the owner of the variety gives the guarantor approval to use thevariety name.
(Code 1950, § 3-219.4; 1958, c. 483; 1966, cc. 9, 702, § 3.1-265; 1994, c.577; 2008, c. 860.)
