State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter12

CHAPTER 12 - SEEDS

 

11-12-101. Definitions.

 

(a) Repealed By Laws 2007, Ch. 8, 4.

 

(b) As used in this act:

 

(i) "Controlling the pollination" means to use amethod of hybridization which will produce pure seed which is at leastseventy-five percent (75%) hybrid seed;

 

(ii) "Dormant" means viable seed, excluding hard seed,which fails to germinate when provided the specific germination conditions forthe kind of seed in question;

 

(iii) "Germination" means the emergence and developmentfrom the seed embryo of those essential structures which, for the kind of seedin question, are indicative of the ability to produce a normal plant underfavorable conditions. For the purposes of this act, "germination"may also mean the percentage of seed determined viable by a tetrazolium testfor species identified in the rules for testing, or for species for which thereare no rules for testing;

 

(iv) "Hard seed" means seed which remains hard at theend of the prescribed test period because it has not absorbed water due to animpermeable seed coat;

 

(v) "Hybrid" as applied to kinds or varieties ofseed, means the first generation seed of a cross produced by controlling thepollination and by combining:

 

(A) Two (2) or more inbred lines;

 

(B) One (1) inbred or a single cross with an open pollinatedvariety; or

 

(C) Two (2) selected clones, seed lines, varieties or species.

 

(vi) "Inert matter" means all matter that is not aseed, including broken seeds, sterile florets, chaff, fungus bodies and stones;

 

(vii) "Kind" means one (1) or more related species orsubspecies which singly or collectively is known by one (1) common name,including but not limited to, soybean, flax, barley and wheat;

 

(viii) "Labeling" means the display or displays ofwritten, printed or graphic matter upon or attached to the container of seed oraccompanying and pertaining to any seed whether sold in bulk or in containers,including invoices;

 

(ix) "Lot" means the number or other identificationthat relates to records pertaining to the known quantity of seed;

 

(x) "Origin" means the state, District of Columbia,Puerto Rico or possession of the United States, or the foreign country ordesignated portion thereof, where the seed was grown;

 

(xi) "Pure seed" means seed exclusive of inert matterand all other seed not of the seed being offered for sale;

 

(xii) "Rules for testing" means procedures specified bythe Association of Official Seed Analysts for conducting seed analysis;

 

(xiii) "Seed" means the propagative part of a plantnormally capable of germination to produce a new plant, including ovules,tubers and bulbs. "Seed" also includes the following as defined forthe purposes of this act:

 

(A) "Agricultural seeds" means any agronomic cropseeds or seeds of species as defined in W.S. 11-1-101;

 

(B) "Flower seed" means seeds of herbaceous plantsgrown for their blooms, ornamental foliage or other ornamental parts andcommonly known and sold under the name of flower seeds in this state;

 

(C) "Tree seed" means seeds of woody plants commonlyknown and sold as tree and shrub seeds in this state; or

 

(D) "Vegetable seed" means the seeds of those cropsthat are or may be grown in gardens or truck farms and are generally known andsold under the name of vegetable seeds in this state.

 

(xiv) "Total viable" means:

 

(A) Germination plus dormant seed plus hard seed; or

 

(B) Viable as determined by a tetrazolium test for speciesidentified in the rules for testing, or for species for which there are norules for testing.

 

(xv) "Treated seed" means any seed that has beentreated with chemicals that are harmful to humans, livestock or othervertebrate animals;

 

(xvi) "Variety" means a subdivision of a kind which ischaracterized by growth, plant, fruit, seed or other characters by which it canbe differentiated from other sorts of the same kind, including but not limitedto, C2243 wheat and Manchu soybeans;

 

(xvii) "Weeds" includes the following as defined forpurposes of this act:

 

(A) "Prohibited noxious weeds" means the seeds of anyspecies for which the department by rule has established zero (0) tolerance;

 

(B) "Restricted noxious weeds" means any species forwhich the department by rule has established an allowable tolerance;

 

(C) "Regulated weeds" means seed, other thanprohibited noxious weeds or restricted noxious weeds, of any species for whichthe department by rule has established a limitation of amount per pound in aseed lot.

 

(xviii) "This act" means W.S. 11-12-101 through11-12-124.

 

11-12-102. Exceptions to applicability.

 

(a) This act does not apply to any person who:

 

(i) Has seeds in storage for conditioning or cleaning and theintended use of the seed is not planting;

 

(ii) Is a resident grower of seed who sells his seed to a seeddealer who is licensed pursuant to this act;

 

(iii) Repealed By Laws 2006, Chapter 114, 2.

 

(b) Any resident grower who sells or offers for sale anyagricultural, vegetable, flower or tree seeds grown only by him and sold oroffered for sale at the headquarters of his operations directly to growerplanters of the seed and not for resale is exempt from the licensing provisionsunder W.S. 11-12-103.

 

11-12-103. Licensing.

 

(a) Any person who sells or offers for sale or distribution inWyoming any seeds shall obtain a license from the department. The license shallexpire annually on March 31. Application for the license shall include the nameand address of the person to whom the license is to be issued and the locationof the place or places of business of the applicant. The application shall beaccompanied by the license fee authorized by W.S. 11-1-104 for each place ofbusiness selling seeds in packets, packages or bulk of ten (10) pounds or more.This subsection shall not apply to any person licensed in accordance with W.S.11-11-103.

 

(b) Any person who conditions grain or seed for hire in Wyomingshall obtain a license from the department. The license shall expire annuallyon March 31. Application for the license shall include the name and address ofthe person to whom the license is to be issued and the location of the place orplaces of business of the applicant. The application shall be accompanied bythe license fee which shall be the same as the fee established for a seeddealer license. This subsection shall not apply to any person licensed inaccordance with W.S. 11-11-103.

 

(c) Charitable and educational institutions shall be exemptfrom licensing requirements imposed by this section.

 

11-12-104. Restrictions on the sale of weed seeds; allowed tolerancefor other noxious weeds; rulemaking.

 

(a) No person shall sell or offer for sale or distribution inWyoming seed which contains any prohibited noxious weed seeds. The department,by rule and regulation, may establish a list of prohibited noxious weeds,restricted noxious weeds and regulated weeds and establish tolerances forrestricted noxious weeds and regulated weeds.

 

(b) Repealed By Laws 2007, Ch. 8, 4.

 

(c) Repealed By Laws 2007, Ch. 8, 4.

 

(d) Any seed which contains any prohibited noxious weed seedsor exceeds the tolerance established on restricted noxious weed seeds orregulated weed seeds shall be removed from sale in Wyoming and impounded by thedirector and shall be released only for the following purposes:

 

(i) For complete destruction;

 

(ii) For removal outside of the state;

 

(iii) To be conditioned to the point that no prohibited noxiousweeds are present and to the point that the tolerance established on restrictednoxious weeds and regulated weeds is not exceeded;

 

(iv) For processing in such a way as to make the weed seedsharmless and sold as feed; or

 

(v) For burial in an approved landfill.

 

11-12-105. Labeling of packages required; contents; exception.

 

(a) Each lot of seed which is sold or offered for sale inWyoming, shall be legibly labeled in English upon the exterior of the containerwith a written or printed label. The label shall show:

 

(i) The commonly accepted name of the kind of seed. If seedsare mixed, the kind of each seed making up five percent (5%) or more of themixture shall be stated separately;

 

(ii) The full name and address of the person selling, offeringor distributing the seeds for sale;

 

(iii) The percentage of pure seed, crop seed (not to be added topure seed), inert matter, common weed seeds by weight, germination, hard seedand the month and year of the germination test;

 

(iv) The origin of the seed;

 

(v) Lot number or other lot identification;

 

(vi) Name and number of each kind of restricted noxious weedseeds per pound; and

 

(vii) The words "poisonous treated" shall appear inbold print if the seeds have been treated with chemicals which are toxic or poisonousto either humans, livestock or other vertebrate animals.

 

(b) When seeds are sold or offered for sale in bulk, the labelrequired by subsection (a) of this section shall be conspicuously displayed onthe container of each lot of bulk seed. A printed or written statement bearingthe required labeling information shall be taken from the bulk seed containerlabel in the presence of the purchaser and given to the purchaser upon request.

 

(c) This section does not apply to flower, tree, garden or vegetableseeds labeled to comply with the requirements of the United States departmentof agriculture by authority of the Federal Seed Act.

 

11-12-106. Lawn grass seed.

 

Lawn grass seed mixtures offered for salein Wyoming shall comply with all requirements of this act, and in additionshall contain at least fifty percent (50%) of perennial permanent type lawngrass seed that is adapted to local growing conditions, such as Kentucky bluegrass (Poa pratensis), bent grass (Agrostis species) or fescue (Festuca species).

 

11-12-107. Weed seeds.

 

No person shall sell in the retail trade inthis state, any seed which contains two percent (2%) or more of weed seeds byweight.

 

11-12-108. Screenings to be specially labeled and free from noxiousweed seeds; seizure and destruction; grain cleaning establishments.

 

Screenings of any seeds or grains which areoffered for sale by any person shall be legibly labeled as such and not sold asseeds. They shall be free of prohibited noxious weed seeds and shall not exceedthe tolerance established on restricted noxious weed seed. Screenings found tocontain weed seeds in violation of this section are subject to seizure by thedirector of the department of agriculture. Screenings are subject to theprovisions of W.S. 11-12-104(d).

 

11-12-109. Failure to label or false labeling of seeds.

 

It is unlawful for any person to sell oroffer for sale or to deliver within Wyoming any seeds which are misbranded orare not labeled in accordance with the requirements of W.S. 11-12-103 through11-12-108, or if the seed is falsely labeled in any respect, subject to suchtolerance as established by the board.

 

11-12-110. Importation of seeds.

 

It is unlawful for any person to transportor cause to be transported into Wyoming any seed without meeting therequirements of this act.

 

11-12-111. Repealed by Laws 1983, ch. 169, 4.

 

11-12-112. Director to enforce provisions; power of director to examineseeds; exception; purchase of samples.

 

The director shall enforce this act. Thedirector or his agents shall have free access at all reasonable hours upon andinto any premises or structures where seed is stored or offered for sale,except federally sealed granaries or warehouses, to examine any seeds and, upontendering payment therefor at the current value, may take from any person asample or samples of the seeds.

 

11-12-113. Rulemaking.

 

(a) The board shall promulgate, adopt and publish rules andregulations in accordance with the Wyoming Administrative Procedure Act for thepurpose of carrying out this act.

 

(b) Except as otherwise provided for in this act, no ordinanceor regulation of any political subdivision may prohibit or in any way attemptto regulate any matter relating to the registration, labeling, sale, storage,transportation, distribution, notification of use or use of seeds, if anyordinance, law or regulation of the political subdivision is in conflict ofthis chapter.

 

11-12-114. Seed and grain cleaning establishments; certificates ofapproval; lists thereof.

 

The board shall establish standards andother requirements whereby seed and grain cleaning establishments may be issueda certificate of approval. A list of approved establishments for cleaning seedsand grain shall be maintained by the director.

 

11-12-115. State seed analyst; seed laboratory.

 

(a) The department shall operate a state seed laboratorythrough a memorandum of understanding with the University of Wyoming. Theterms and conditions of the memorandum of understanding shall include thedesignation and compensation of a state seed analyst.

 

(b) A state laboratory operated for the purposes of seedanalysis shall be located in Park County.

 

11-12-116. Analysis of seeds.

 

(a) Any person may have his seed analyzed by the state seedanalyst by paying transportation charges to the laboratory and a fee.

 

(b) All samples submitted for analysis shall be taken inaccordance with the current regulations of sampling set forth by the UnitedStates department of agriculture by authority of the Federal Seed Act.

 

(c) Seed testing shall be done in accordance with the currentassociation of official seed analysts' rules for testing seed.

 

(d) The state seed analyst may provide a list of recommendedfees for seed testing and services to the seed laboratory advisory group.

 

(e) The seed laboratory advisory group shall review the stateseed analyst's list and provide their recommendation for testing and servicefees to the board.

 

(f) Fees for testing and services shall become effective uponapproval by the board. The board may set testing and service fees at differentlevels for in-state and out-of-state samples.

 

(g) The state seed analyst, upon approval by the board, mayenter into a separately negotiated contract with a government entity to providetesting and services at approximate cost.

 

11-12-117. Disposition of collected funds.

 

All funds collected from seed analysesshall be deposited in the general fund.

 

11-12-118. Duty of district or county and prosecuting attorney toprosecute reported violations.

 

Any district or county and prosecutingattorney to whom the director of the department of agriculture reports anyviolation of this act shall cause appropriate proceedings to be commenced andprosecuted in the proper courts without delay.

 

11-12-119. Seed certification service; authority to make rules; fees;disposition thereof.

 

The seed certification service of thecollege of agriculture of the University of Wyoming may engage in thecertification of varieties of seeds and propagating materials, and make suchrules and regulations with respect to certification and varieties eligible forcertification as necessary to insure the production of certified seed of highquality. The seed certification service may charge reasonable fees forconducting the certification program, and shall use the funds received todefray the cost of conducting the certification program.

 

11-12-120. False labeling of seeds; prohibited.

 

It is unlawful for any person to attach orcause to be attached to any container of seeds or propagating materials, forthe purpose of certifying the contents, any label or tag describing thecontents as certified seed or propagating material, except labels or tags whichare issued by the seed certification service of the college of agriculture, Universityof Wyoming, for the purpose of certification.

 

11-12-121. False labeling of seeds; false labeling as prima facieevidence of violation.

 

Any label or tag prohibited by W.S.11-12-120 found attached to any container of seed or propagating material isprima facie evidence of a violation of W.S. 11-12-120 by the person falselylabeling or tagging the container.

 

11-12-122. Quarantine.

 

(a) The board, in compliance with this act, may promulgaterules and regulations to establish a quarantine against movement of seedcontaining prohibited noxious weed seed and restricted noxious weed seed whichexceeds the tolerance established and may enter into an agreement with lawenforcement agencies to carry out the quarantine provisions.

 

(b) Repealed By Laws 2007, Ch. 8, 4.

 

(c) Repealed By Laws 2007, Ch. 8, 4.

 

(d) All seed shipments through the state shall be covered in aprescribed manner so as not to allow the dissemination of noxious weed seed.

 

11-12-123. Seed laboratory advisory group created; composition;appointment; officers; vacancy; meetings; quorum.

 

(a) There is created a seed laboratory advisory group whichshall be comprised of the following:

 

(i) Voting members shall be:

 

(A) One (1) member of the board, appointed by the chairman ofthe board;

 

(B) One (1) member representing organizations whose primarygoal is improved seed production, appointed by the board;

 

(C) Two (2) members representing the Wyoming seed industry,appointed by the board;

 

(D) Two (2) members who are certified or contract seed growers,appointed by the board;

 

(E) One (1) member who is a person interested in seed quality,appointed by the board.

 

(ii) Nonvoting members shall be:

 

(A) The director of the Wyoming department of agriculture orhis designee;

 

(B) The University of Wyoming experiment station director;

 

(C) The head of the University of Wyoming college ofagriculture plant science department or his designee;

 

(D) The Wyoming seed certification service manager, who shallserve as the seed laboratory advisory group secretary;

 

(E) The state seed analyst.

 

(b) All voting members shall serve terms of three (3) years. Amember may serve for more than one (1) term.

 

(c) The chairman and the vice-chairman shall serve terms of two(2) years with the vice-chairman succeeding the chairman. The chairman andvice-chairman shall be elected by a majority of the voting members at theannual meeting. In the event that the chairman is not able to complete histerm, the vice-chairman shall complete that term in addition to serving thesucceeding term. In the event the vice-chairman is unable to complete histerm, an election of a new chairman and vice-chairman shall take place at thenext annual meeting.

 

(d) In the event of a vacancy on the seed laboratory advisorygroup, the board shall appoint a new member to complete the term of thevacating member.

 

(e) One (1) regular meeting shall be held annually inconjunction with a Wyoming crop improvement industry meeting, as called by thechairman or as called by a majority of the voting members.

 

(f) A majority of the voting members shall constitute a quorum.

 

11-12-124. Seed laboratory advisory group duties.

 

(a) The seed laboratory advisory group shall:

 

(i) Maintain a policy of operation manual, which shall bereviewed by seed laboratory advisory group members at the annual meeting, andshall contain the policies and operational procedures of the seed laboratoryadvisory group;

 

(ii) Serve in an advisory role to aid the state seed analyst,the University of Wyoming, the Wyoming department of agriculture and the boardin the management of the seed laboratory;

 

(iii) Annually review the price list for seed testing andservices provided by the laboratory;

 

(iv) Recommend to the board as necessary, any changes to theprice list or other fees of the laboratory;

 

(v) Review the annual seed laboratory report;

 

(vi) Recommend to the board as necessary, any major capitalpurchases needed by the laboratory;

 

(vii) Recommend to the board as necessary, the use of newtechnologies or other seed testing needs as they occur;

 

(viii) Provide support as necessary to seed laboratory customers;

 

(ix) Provide to the board as necessary, constructive ideas onhow the laboratory can serve Wyoming and the region more effectively.

 

11-12-125. Penalties; director authorized to investigate and filecomplaint.

 

(a) Any person violating any provision of this act is guilty ofa misdemeanor and shall be fined not more than seven hundred fifty dollars($750.00), or imprisoned for not more than six (6) months, or both for eachoffense. Each day shall constitute a separate violation.

 

(b) The director is authorized to investigate allegedviolations and to file a complaint with the proper district or county andprosecuting attorney for the prosecution of violations.

 

(c) Any person found guilty of violating any provision of W.S.11-12-101 through 11-12-124, shall reimburse the state for the cost of anycontrol actions, treatments, quarantine, confiscation, destruction or removal ofany seed from the state resulting from the violation. Amounts collected underthis subsection shall be paid to the department of agriculture technicalservices division account.

 

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter12

CHAPTER 12 - SEEDS

 

11-12-101. Definitions.

 

(a) Repealed By Laws 2007, Ch. 8, 4.

 

(b) As used in this act:

 

(i) "Controlling the pollination" means to use amethod of hybridization which will produce pure seed which is at leastseventy-five percent (75%) hybrid seed;

 

(ii) "Dormant" means viable seed, excluding hard seed,which fails to germinate when provided the specific germination conditions forthe kind of seed in question;

 

(iii) "Germination" means the emergence and developmentfrom the seed embryo of those essential structures which, for the kind of seedin question, are indicative of the ability to produce a normal plant underfavorable conditions. For the purposes of this act, "germination"may also mean the percentage of seed determined viable by a tetrazolium testfor species identified in the rules for testing, or for species for which thereare no rules for testing;

 

(iv) "Hard seed" means seed which remains hard at theend of the prescribed test period because it has not absorbed water due to animpermeable seed coat;

 

(v) "Hybrid" as applied to kinds or varieties ofseed, means the first generation seed of a cross produced by controlling thepollination and by combining:

 

(A) Two (2) or more inbred lines;

 

(B) One (1) inbred or a single cross with an open pollinatedvariety; or

 

(C) Two (2) selected clones, seed lines, varieties or species.

 

(vi) "Inert matter" means all matter that is not aseed, including broken seeds, sterile florets, chaff, fungus bodies and stones;

 

(vii) "Kind" means one (1) or more related species orsubspecies which singly or collectively is known by one (1) common name,including but not limited to, soybean, flax, barley and wheat;

 

(viii) "Labeling" means the display or displays ofwritten, printed or graphic matter upon or attached to the container of seed oraccompanying and pertaining to any seed whether sold in bulk or in containers,including invoices;

 

(ix) "Lot" means the number or other identificationthat relates to records pertaining to the known quantity of seed;

 

(x) "Origin" means the state, District of Columbia,Puerto Rico or possession of the United States, or the foreign country ordesignated portion thereof, where the seed was grown;

 

(xi) "Pure seed" means seed exclusive of inert matterand all other seed not of the seed being offered for sale;

 

(xii) "Rules for testing" means procedures specified bythe Association of Official Seed Analysts for conducting seed analysis;

 

(xiii) "Seed" means the propagative part of a plantnormally capable of germination to produce a new plant, including ovules,tubers and bulbs. "Seed" also includes the following as defined forthe purposes of this act:

 

(A) "Agricultural seeds" means any agronomic cropseeds or seeds of species as defined in W.S. 11-1-101;

 

(B) "Flower seed" means seeds of herbaceous plantsgrown for their blooms, ornamental foliage or other ornamental parts andcommonly known and sold under the name of flower seeds in this state;

 

(C) "Tree seed" means seeds of woody plants commonlyknown and sold as tree and shrub seeds in this state; or

 

(D) "Vegetable seed" means the seeds of those cropsthat are or may be grown in gardens or truck farms and are generally known andsold under the name of vegetable seeds in this state.

 

(xiv) "Total viable" means:

 

(A) Germination plus dormant seed plus hard seed; or

 

(B) Viable as determined by a tetrazolium test for speciesidentified in the rules for testing, or for species for which there are norules for testing.

 

(xv) "Treated seed" means any seed that has beentreated with chemicals that are harmful to humans, livestock or othervertebrate animals;

 

(xvi) "Variety" means a subdivision of a kind which ischaracterized by growth, plant, fruit, seed or other characters by which it canbe differentiated from other sorts of the same kind, including but not limitedto, C2243 wheat and Manchu soybeans;

 

(xvii) "Weeds" includes the following as defined forpurposes of this act:

 

(A) "Prohibited noxious weeds" means the seeds of anyspecies for which the department by rule has established zero (0) tolerance;

 

(B) "Restricted noxious weeds" means any species forwhich the department by rule has established an allowable tolerance;

 

(C) "Regulated weeds" means seed, other thanprohibited noxious weeds or restricted noxious weeds, of any species for whichthe department by rule has established a limitation of amount per pound in aseed lot.

 

(xviii) "This act" means W.S. 11-12-101 through11-12-124.

 

11-12-102. Exceptions to applicability.

 

(a) This act does not apply to any person who:

 

(i) Has seeds in storage for conditioning or cleaning and theintended use of the seed is not planting;

 

(ii) Is a resident grower of seed who sells his seed to a seeddealer who is licensed pursuant to this act;

 

(iii) Repealed By Laws 2006, Chapter 114, 2.

 

(b) Any resident grower who sells or offers for sale anyagricultural, vegetable, flower or tree seeds grown only by him and sold oroffered for sale at the headquarters of his operations directly to growerplanters of the seed and not for resale is exempt from the licensing provisionsunder W.S. 11-12-103.

 

11-12-103. Licensing.

 

(a) Any person who sells or offers for sale or distribution inWyoming any seeds shall obtain a license from the department. The license shallexpire annually on March 31. Application for the license shall include the nameand address of the person to whom the license is to be issued and the locationof the place or places of business of the applicant. The application shall beaccompanied by the license fee authorized by W.S. 11-1-104 for each place ofbusiness selling seeds in packets, packages or bulk of ten (10) pounds or more.This subsection shall not apply to any person licensed in accordance with W.S.11-11-103.

 

(b) Any person who conditions grain or seed for hire in Wyomingshall obtain a license from the department. The license shall expire annuallyon March 31. Application for the license shall include the name and address ofthe person to whom the license is to be issued and the location of the place orplaces of business of the applicant. The application shall be accompanied bythe license fee which shall be the same as the fee established for a seeddealer license. This subsection shall not apply to any person licensed inaccordance with W.S. 11-11-103.

 

(c) Charitable and educational institutions shall be exemptfrom licensing requirements imposed by this section.

 

11-12-104. Restrictions on the sale of weed seeds; allowed tolerancefor other noxious weeds; rulemaking.

 

(a) No person shall sell or offer for sale or distribution inWyoming seed which contains any prohibited noxious weed seeds. The department,by rule and regulation, may establish a list of prohibited noxious weeds,restricted noxious weeds and regulated weeds and establish tolerances forrestricted noxious weeds and regulated weeds.

 

(b) Repealed By Laws 2007, Ch. 8, 4.

 

(c) Repealed By Laws 2007, Ch. 8, 4.

 

(d) Any seed which contains any prohibited noxious weed seedsor exceeds the tolerance established on restricted noxious weed seeds orregulated weed seeds shall be removed from sale in Wyoming and impounded by thedirector and shall be released only for the following purposes:

 

(i) For complete destruction;

 

(ii) For removal outside of the state;

 

(iii) To be conditioned to the point that no prohibited noxiousweeds are present and to the point that the tolerance established on restrictednoxious weeds and regulated weeds is not exceeded;

 

(iv) For processing in such a way as to make the weed seedsharmless and sold as feed; or

 

(v) For burial in an approved landfill.

 

11-12-105. Labeling of packages required; contents; exception.

 

(a) Each lot of seed which is sold or offered for sale inWyoming, shall be legibly labeled in English upon the exterior of the containerwith a written or printed label. The label shall show:

 

(i) The commonly accepted name of the kind of seed. If seedsare mixed, the kind of each seed making up five percent (5%) or more of themixture shall be stated separately;

 

(ii) The full name and address of the person selling, offeringor distributing the seeds for sale;

 

(iii) The percentage of pure seed, crop seed (not to be added topure seed), inert matter, common weed seeds by weight, germination, hard seedand the month and year of the germination test;

 

(iv) The origin of the seed;

 

(v) Lot number or other lot identification;

 

(vi) Name and number of each kind of restricted noxious weedseeds per pound; and

 

(vii) The words "poisonous treated" shall appear inbold print if the seeds have been treated with chemicals which are toxic or poisonousto either humans, livestock or other vertebrate animals.

 

(b) When seeds are sold or offered for sale in bulk, the labelrequired by subsection (a) of this section shall be conspicuously displayed onthe container of each lot of bulk seed. A printed or written statement bearingthe required labeling information shall be taken from the bulk seed containerlabel in the presence of the purchaser and given to the purchaser upon request.

 

(c) This section does not apply to flower, tree, garden or vegetableseeds labeled to comply with the requirements of the United States departmentof agriculture by authority of the Federal Seed Act.

 

11-12-106. Lawn grass seed.

 

Lawn grass seed mixtures offered for salein Wyoming shall comply with all requirements of this act, and in additionshall contain at least fifty percent (50%) of perennial permanent type lawngrass seed that is adapted to local growing conditions, such as Kentucky bluegrass (Poa pratensis), bent grass (Agrostis species) or fescue (Festuca species).

 

11-12-107. Weed seeds.

 

No person shall sell in the retail trade inthis state, any seed which contains two percent (2%) or more of weed seeds byweight.

 

11-12-108. Screenings to be specially labeled and free from noxiousweed seeds; seizure and destruction; grain cleaning establishments.

 

Screenings of any seeds or grains which areoffered for sale by any person shall be legibly labeled as such and not sold asseeds. They shall be free of prohibited noxious weed seeds and shall not exceedthe tolerance established on restricted noxious weed seed. Screenings found tocontain weed seeds in violation of this section are subject to seizure by thedirector of the department of agriculture. Screenings are subject to theprovisions of W.S. 11-12-104(d).

 

11-12-109. Failure to label or false labeling of seeds.

 

It is unlawful for any person to sell oroffer for sale or to deliver within Wyoming any seeds which are misbranded orare not labeled in accordance with the requirements of W.S. 11-12-103 through11-12-108, or if the seed is falsely labeled in any respect, subject to suchtolerance as established by the board.

 

11-12-110. Importation of seeds.

 

It is unlawful for any person to transportor cause to be transported into Wyoming any seed without meeting therequirements of this act.

 

11-12-111. Repealed by Laws 1983, ch. 169, 4.

 

11-12-112. Director to enforce provisions; power of director to examineseeds; exception; purchase of samples.

 

The director shall enforce this act. Thedirector or his agents shall have free access at all reasonable hours upon andinto any premises or structures where seed is stored or offered for sale,except federally sealed granaries or warehouses, to examine any seeds and, upontendering payment therefor at the current value, may take from any person asample or samples of the seeds.

 

11-12-113. Rulemaking.

 

(a) The board shall promulgate, adopt and publish rules andregulations in accordance with the Wyoming Administrative Procedure Act for thepurpose of carrying out this act.

 

(b) Except as otherwise provided for in this act, no ordinanceor regulation of any political subdivision may prohibit or in any way attemptto regulate any matter relating to the registration, labeling, sale, storage,transportation, distribution, notification of use or use of seeds, if anyordinance, law or regulation of the political subdivision is in conflict ofthis chapter.

 

11-12-114. Seed and grain cleaning establishments; certificates ofapproval; lists thereof.

 

The board shall establish standards andother requirements whereby seed and grain cleaning establishments may be issueda certificate of approval. A list of approved establishments for cleaning seedsand grain shall be maintained by the director.

 

11-12-115. State seed analyst; seed laboratory.

 

(a) The department shall operate a state seed laboratorythrough a memorandum of understanding with the University of Wyoming. Theterms and conditions of the memorandum of understanding shall include thedesignation and compensation of a state seed analyst.

 

(b) A state laboratory operated for the purposes of seedanalysis shall be located in Park County.

 

11-12-116. Analysis of seeds.

 

(a) Any person may have his seed analyzed by the state seedanalyst by paying transportation charges to the laboratory and a fee.

 

(b) All samples submitted for analysis shall be taken inaccordance with the current regulations of sampling set forth by the UnitedStates department of agriculture by authority of the Federal Seed Act.

 

(c) Seed testing shall be done in accordance with the currentassociation of official seed analysts' rules for testing seed.

 

(d) The state seed analyst may provide a list of recommendedfees for seed testing and services to the seed laboratory advisory group.

 

(e) The seed laboratory advisory group shall review the stateseed analyst's list and provide their recommendation for testing and servicefees to the board.

 

(f) Fees for testing and services shall become effective uponapproval by the board. The board may set testing and service fees at differentlevels for in-state and out-of-state samples.

 

(g) The state seed analyst, upon approval by the board, mayenter into a separately negotiated contract with a government entity to providetesting and services at approximate cost.

 

11-12-117. Disposition of collected funds.

 

All funds collected from seed analysesshall be deposited in the general fund.

 

11-12-118. Duty of district or county and prosecuting attorney toprosecute reported violations.

 

Any district or county and prosecutingattorney to whom the director of the department of agriculture reports anyviolation of this act shall cause appropriate proceedings to be commenced andprosecuted in the proper courts without delay.

 

11-12-119. Seed certification service; authority to make rules; fees;disposition thereof.

 

The seed certification service of thecollege of agriculture of the University of Wyoming may engage in thecertification of varieties of seeds and propagating materials, and make suchrules and regulations with respect to certification and varieties eligible forcertification as necessary to insure the production of certified seed of highquality. The seed certification service may charge reasonable fees forconducting the certification program, and shall use the funds received todefray the cost of conducting the certification program.

 

11-12-120. False labeling of seeds; prohibited.

 

It is unlawful for any person to attach orcause to be attached to any container of seeds or propagating materials, forthe purpose of certifying the contents, any label or tag describing thecontents as certified seed or propagating material, except labels or tags whichare issued by the seed certification service of the college of agriculture, Universityof Wyoming, for the purpose of certification.

 

11-12-121. False labeling of seeds; false labeling as prima facieevidence of violation.

 

Any label or tag prohibited by W.S.11-12-120 found attached to any container of seed or propagating material isprima facie evidence of a violation of W.S. 11-12-120 by the person falselylabeling or tagging the container.

 

11-12-122. Quarantine.

 

(a) The board, in compliance with this act, may promulgaterules and regulations to establish a quarantine against movement of seedcontaining prohibited noxious weed seed and restricted noxious weed seed whichexceeds the tolerance established and may enter into an agreement with lawenforcement agencies to carry out the quarantine provisions.

 

(b) Repealed By Laws 2007, Ch. 8, 4.

 

(c) Repealed By Laws 2007, Ch. 8, 4.

 

(d) All seed shipments through the state shall be covered in aprescribed manner so as not to allow the dissemination of noxious weed seed.

 

11-12-123. Seed laboratory advisory group created; composition;appointment; officers; vacancy; meetings; quorum.

 

(a) There is created a seed laboratory advisory group whichshall be comprised of the following:

 

(i) Voting members shall be:

 

(A) One (1) member of the board, appointed by the chairman ofthe board;

 

(B) One (1) member representing organizations whose primarygoal is improved seed production, appointed by the board;

 

(C) Two (2) members representing the Wyoming seed industry,appointed by the board;

 

(D) Two (2) members who are certified or contract seed growers,appointed by the board;

 

(E) One (1) member who is a person interested in seed quality,appointed by the board.

 

(ii) Nonvoting members shall be:

 

(A) The director of the Wyoming department of agriculture orhis designee;

 

(B) The University of Wyoming experiment station director;

 

(C) The head of the University of Wyoming college ofagriculture plant science department or his designee;

 

(D) The Wyoming seed certification service manager, who shallserve as the seed laboratory advisory group secretary;

 

(E) The state seed analyst.

 

(b) All voting members shall serve terms of three (3) years. Amember may serve for more than one (1) term.

 

(c) The chairman and the vice-chairman shall serve terms of two(2) years with the vice-chairman succeeding the chairman. The chairman andvice-chairman shall be elected by a majority of the voting members at theannual meeting. In the event that the chairman is not able to complete histerm, the vice-chairman shall complete that term in addition to serving thesucceeding term. In the event the vice-chairman is unable to complete histerm, an election of a new chairman and vice-chairman shall take place at thenext annual meeting.

 

(d) In the event of a vacancy on the seed laboratory advisorygroup, the board shall appoint a new member to complete the term of thevacating member.

 

(e) One (1) regular meeting shall be held annually inconjunction with a Wyoming crop improvement industry meeting, as called by thechairman or as called by a majority of the voting members.

 

(f) A majority of the voting members shall constitute a quorum.

 

11-12-124. Seed laboratory advisory group duties.

 

(a) The seed laboratory advisory group shall:

 

(i) Maintain a policy of operation manual, which shall bereviewed by seed laboratory advisory group members at the annual meeting, andshall contain the policies and operational procedures of the seed laboratoryadvisory group;

 

(ii) Serve in an advisory role to aid the state seed analyst,the University of Wyoming, the Wyoming department of agriculture and the boardin the management of the seed laboratory;

 

(iii) Annually review the price list for seed testing andservices provided by the laboratory;

 

(iv) Recommend to the board as necessary, any changes to theprice list or other fees of the laboratory;

 

(v) Review the annual seed laboratory report;

 

(vi) Recommend to the board as necessary, any major capitalpurchases needed by the laboratory;

 

(vii) Recommend to the board as necessary, the use of newtechnologies or other seed testing needs as they occur;

 

(viii) Provide support as necessary to seed laboratory customers;

 

(ix) Provide to the board as necessary, constructive ideas onhow the laboratory can serve Wyoming and the region more effectively.

 

11-12-125. Penalties; director authorized to investigate and filecomplaint.

 

(a) Any person violating any provision of this act is guilty ofa misdemeanor and shall be fined not more than seven hundred fifty dollars($750.00), or imprisoned for not more than six (6) months, or both for eachoffense. Each day shall constitute a separate violation.

 

(b) The director is authorized to investigate allegedviolations and to file a complaint with the proper district or county andprosecuting attorney for the prosecution of violations.

 

(c) Any person found guilty of violating any provision of W.S.11-12-101 through 11-12-124, shall reimburse the state for the cost of anycontrol actions, treatments, quarantine, confiscation, destruction or removal ofany seed from the state resulting from the violation. Amounts collected underthis subsection shall be paid to the department of agriculture technicalservices division account.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter12

CHAPTER 12 - SEEDS

 

11-12-101. Definitions.

 

(a) Repealed By Laws 2007, Ch. 8, 4.

 

(b) As used in this act:

 

(i) "Controlling the pollination" means to use amethod of hybridization which will produce pure seed which is at leastseventy-five percent (75%) hybrid seed;

 

(ii) "Dormant" means viable seed, excluding hard seed,which fails to germinate when provided the specific germination conditions forthe kind of seed in question;

 

(iii) "Germination" means the emergence and developmentfrom the seed embryo of those essential structures which, for the kind of seedin question, are indicative of the ability to produce a normal plant underfavorable conditions. For the purposes of this act, "germination"may also mean the percentage of seed determined viable by a tetrazolium testfor species identified in the rules for testing, or for species for which thereare no rules for testing;

 

(iv) "Hard seed" means seed which remains hard at theend of the prescribed test period because it has not absorbed water due to animpermeable seed coat;

 

(v) "Hybrid" as applied to kinds or varieties ofseed, means the first generation seed of a cross produced by controlling thepollination and by combining:

 

(A) Two (2) or more inbred lines;

 

(B) One (1) inbred or a single cross with an open pollinatedvariety; or

 

(C) Two (2) selected clones, seed lines, varieties or species.

 

(vi) "Inert matter" means all matter that is not aseed, including broken seeds, sterile florets, chaff, fungus bodies and stones;

 

(vii) "Kind" means one (1) or more related species orsubspecies which singly or collectively is known by one (1) common name,including but not limited to, soybean, flax, barley and wheat;

 

(viii) "Labeling" means the display or displays ofwritten, printed or graphic matter upon or attached to the container of seed oraccompanying and pertaining to any seed whether sold in bulk or in containers,including invoices;

 

(ix) "Lot" means the number or other identificationthat relates to records pertaining to the known quantity of seed;

 

(x) "Origin" means the state, District of Columbia,Puerto Rico or possession of the United States, or the foreign country ordesignated portion thereof, where the seed was grown;

 

(xi) "Pure seed" means seed exclusive of inert matterand all other seed not of the seed being offered for sale;

 

(xii) "Rules for testing" means procedures specified bythe Association of Official Seed Analysts for conducting seed analysis;

 

(xiii) "Seed" means the propagative part of a plantnormally capable of germination to produce a new plant, including ovules,tubers and bulbs. "Seed" also includes the following as defined forthe purposes of this act:

 

(A) "Agricultural seeds" means any agronomic cropseeds or seeds of species as defined in W.S. 11-1-101;

 

(B) "Flower seed" means seeds of herbaceous plantsgrown for their blooms, ornamental foliage or other ornamental parts andcommonly known and sold under the name of flower seeds in this state;

 

(C) "Tree seed" means seeds of woody plants commonlyknown and sold as tree and shrub seeds in this state; or

 

(D) "Vegetable seed" means the seeds of those cropsthat are or may be grown in gardens or truck farms and are generally known andsold under the name of vegetable seeds in this state.

 

(xiv) "Total viable" means:

 

(A) Germination plus dormant seed plus hard seed; or

 

(B) Viable as determined by a tetrazolium test for speciesidentified in the rules for testing, or for species for which there are norules for testing.

 

(xv) "Treated seed" means any seed that has beentreated with chemicals that are harmful to humans, livestock or othervertebrate animals;

 

(xvi) "Variety" means a subdivision of a kind which ischaracterized by growth, plant, fruit, seed or other characters by which it canbe differentiated from other sorts of the same kind, including but not limitedto, C2243 wheat and Manchu soybeans;

 

(xvii) "Weeds" includes the following as defined forpurposes of this act:

 

(A) "Prohibited noxious weeds" means the seeds of anyspecies for which the department by rule has established zero (0) tolerance;

 

(B) "Restricted noxious weeds" means any species forwhich the department by rule has established an allowable tolerance;

 

(C) "Regulated weeds" means seed, other thanprohibited noxious weeds or restricted noxious weeds, of any species for whichthe department by rule has established a limitation of amount per pound in aseed lot.

 

(xviii) "This act" means W.S. 11-12-101 through11-12-124.

 

11-12-102. Exceptions to applicability.

 

(a) This act does not apply to any person who:

 

(i) Has seeds in storage for conditioning or cleaning and theintended use of the seed is not planting;

 

(ii) Is a resident grower of seed who sells his seed to a seeddealer who is licensed pursuant to this act;

 

(iii) Repealed By Laws 2006, Chapter 114, 2.

 

(b) Any resident grower who sells or offers for sale anyagricultural, vegetable, flower or tree seeds grown only by him and sold oroffered for sale at the headquarters of his operations directly to growerplanters of the seed and not for resale is exempt from the licensing provisionsunder W.S. 11-12-103.

 

11-12-103. Licensing.

 

(a) Any person who sells or offers for sale or distribution inWyoming any seeds shall obtain a license from the department. The license shallexpire annually on March 31. Application for the license shall include the nameand address of the person to whom the license is to be issued and the locationof the place or places of business of the applicant. The application shall beaccompanied by the license fee authorized by W.S. 11-1-104 for each place ofbusiness selling seeds in packets, packages or bulk of ten (10) pounds or more.This subsection shall not apply to any person licensed in accordance with W.S.11-11-103.

 

(b) Any person who conditions grain or seed for hire in Wyomingshall obtain a license from the department. The license shall expire annuallyon March 31. Application for the license shall include the name and address ofthe person to whom the license is to be issued and the location of the place orplaces of business of the applicant. The application shall be accompanied bythe license fee which shall be the same as the fee established for a seeddealer license. This subsection shall not apply to any person licensed inaccordance with W.S. 11-11-103.

 

(c) Charitable and educational institutions shall be exemptfrom licensing requirements imposed by this section.

 

11-12-104. Restrictions on the sale of weed seeds; allowed tolerancefor other noxious weeds; rulemaking.

 

(a) No person shall sell or offer for sale or distribution inWyoming seed which contains any prohibited noxious weed seeds. The department,by rule and regulation, may establish a list of prohibited noxious weeds,restricted noxious weeds and regulated weeds and establish tolerances forrestricted noxious weeds and regulated weeds.

 

(b) Repealed By Laws 2007, Ch. 8, 4.

 

(c) Repealed By Laws 2007, Ch. 8, 4.

 

(d) Any seed which contains any prohibited noxious weed seedsor exceeds the tolerance established on restricted noxious weed seeds orregulated weed seeds shall be removed from sale in Wyoming and impounded by thedirector and shall be released only for the following purposes:

 

(i) For complete destruction;

 

(ii) For removal outside of the state;

 

(iii) To be conditioned to the point that no prohibited noxiousweeds are present and to the point that the tolerance established on restrictednoxious weeds and regulated weeds is not exceeded;

 

(iv) For processing in such a way as to make the weed seedsharmless and sold as feed; or

 

(v) For burial in an approved landfill.

 

11-12-105. Labeling of packages required; contents; exception.

 

(a) Each lot of seed which is sold or offered for sale inWyoming, shall be legibly labeled in English upon the exterior of the containerwith a written or printed label. The label shall show:

 

(i) The commonly accepted name of the kind of seed. If seedsare mixed, the kind of each seed making up five percent (5%) or more of themixture shall be stated separately;

 

(ii) The full name and address of the person selling, offeringor distributing the seeds for sale;

 

(iii) The percentage of pure seed, crop seed (not to be added topure seed), inert matter, common weed seeds by weight, germination, hard seedand the month and year of the germination test;

 

(iv) The origin of the seed;

 

(v) Lot number or other lot identification;

 

(vi) Name and number of each kind of restricted noxious weedseeds per pound; and

 

(vii) The words "poisonous treated" shall appear inbold print if the seeds have been treated with chemicals which are toxic or poisonousto either humans, livestock or other vertebrate animals.

 

(b) When seeds are sold or offered for sale in bulk, the labelrequired by subsection (a) of this section shall be conspicuously displayed onthe container of each lot of bulk seed. A printed or written statement bearingthe required labeling information shall be taken from the bulk seed containerlabel in the presence of the purchaser and given to the purchaser upon request.

 

(c) This section does not apply to flower, tree, garden or vegetableseeds labeled to comply with the requirements of the United States departmentof agriculture by authority of the Federal Seed Act.

 

11-12-106. Lawn grass seed.

 

Lawn grass seed mixtures offered for salein Wyoming shall comply with all requirements of this act, and in additionshall contain at least fifty percent (50%) of perennial permanent type lawngrass seed that is adapted to local growing conditions, such as Kentucky bluegrass (Poa pratensis), bent grass (Agrostis species) or fescue (Festuca species).

 

11-12-107. Weed seeds.

 

No person shall sell in the retail trade inthis state, any seed which contains two percent (2%) or more of weed seeds byweight.

 

11-12-108. Screenings to be specially labeled and free from noxiousweed seeds; seizure and destruction; grain cleaning establishments.

 

Screenings of any seeds or grains which areoffered for sale by any person shall be legibly labeled as such and not sold asseeds. They shall be free of prohibited noxious weed seeds and shall not exceedthe tolerance established on restricted noxious weed seed. Screenings found tocontain weed seeds in violation of this section are subject to seizure by thedirector of the department of agriculture. Screenings are subject to theprovisions of W.S. 11-12-104(d).

 

11-12-109. Failure to label or false labeling of seeds.

 

It is unlawful for any person to sell oroffer for sale or to deliver within Wyoming any seeds which are misbranded orare not labeled in accordance with the requirements of W.S. 11-12-103 through11-12-108, or if the seed is falsely labeled in any respect, subject to suchtolerance as established by the board.

 

11-12-110. Importation of seeds.

 

It is unlawful for any person to transportor cause to be transported into Wyoming any seed without meeting therequirements of this act.

 

11-12-111. Repealed by Laws 1983, ch. 169, 4.

 

11-12-112. Director to enforce provisions; power of director to examineseeds; exception; purchase of samples.

 

The director shall enforce this act. Thedirector or his agents shall have free access at all reasonable hours upon andinto any premises or structures where seed is stored or offered for sale,except federally sealed granaries or warehouses, to examine any seeds and, upontendering payment therefor at the current value, may take from any person asample or samples of the seeds.

 

11-12-113. Rulemaking.

 

(a) The board shall promulgate, adopt and publish rules andregulations in accordance with the Wyoming Administrative Procedure Act for thepurpose of carrying out this act.

 

(b) Except as otherwise provided for in this act, no ordinanceor regulation of any political subdivision may prohibit or in any way attemptto regulate any matter relating to the registration, labeling, sale, storage,transportation, distribution, notification of use or use of seeds, if anyordinance, law or regulation of the political subdivision is in conflict ofthis chapter.

 

11-12-114. Seed and grain cleaning establishments; certificates ofapproval; lists thereof.

 

The board shall establish standards andother requirements whereby seed and grain cleaning establishments may be issueda certificate of approval. A list of approved establishments for cleaning seedsand grain shall be maintained by the director.

 

11-12-115. State seed analyst; seed laboratory.

 

(a) The department shall operate a state seed laboratorythrough a memorandum of understanding with the University of Wyoming. Theterms and conditions of the memorandum of understanding shall include thedesignation and compensation of a state seed analyst.

 

(b) A state laboratory operated for the purposes of seedanalysis shall be located in Park County.

 

11-12-116. Analysis of seeds.

 

(a) Any person may have his seed analyzed by the state seedanalyst by paying transportation charges to the laboratory and a fee.

 

(b) All samples submitted for analysis shall be taken inaccordance with the current regulations of sampling set forth by the UnitedStates department of agriculture by authority of the Federal Seed Act.

 

(c) Seed testing shall be done in accordance with the currentassociation of official seed analysts' rules for testing seed.

 

(d) The state seed analyst may provide a list of recommendedfees for seed testing and services to the seed laboratory advisory group.

 

(e) The seed laboratory advisory group shall review the stateseed analyst's list and provide their recommendation for testing and servicefees to the board.

 

(f) Fees for testing and services shall become effective uponapproval by the board. The board may set testing and service fees at differentlevels for in-state and out-of-state samples.

 

(g) The state seed analyst, upon approval by the board, mayenter into a separately negotiated contract with a government entity to providetesting and services at approximate cost.

 

11-12-117. Disposition of collected funds.

 

All funds collected from seed analysesshall be deposited in the general fund.

 

11-12-118. Duty of district or county and prosecuting attorney toprosecute reported violations.

 

Any district or county and prosecutingattorney to whom the director of the department of agriculture reports anyviolation of this act shall cause appropriate proceedings to be commenced andprosecuted in the proper courts without delay.

 

11-12-119. Seed certification service; authority to make rules; fees;disposition thereof.

 

The seed certification service of thecollege of agriculture of the University of Wyoming may engage in thecertification of varieties of seeds and propagating materials, and make suchrules and regulations with respect to certification and varieties eligible forcertification as necessary to insure the production of certified seed of highquality. The seed certification service may charge reasonable fees forconducting the certification program, and shall use the funds received todefray the cost of conducting the certification program.

 

11-12-120. False labeling of seeds; prohibited.

 

It is unlawful for any person to attach orcause to be attached to any container of seeds or propagating materials, forthe purpose of certifying the contents, any label or tag describing thecontents as certified seed or propagating material, except labels or tags whichare issued by the seed certification service of the college of agriculture, Universityof Wyoming, for the purpose of certification.

 

11-12-121. False labeling of seeds; false labeling as prima facieevidence of violation.

 

Any label or tag prohibited by W.S.11-12-120 found attached to any container of seed or propagating material isprima facie evidence of a violation of W.S. 11-12-120 by the person falselylabeling or tagging the container.

 

11-12-122. Quarantine.

 

(a) The board, in compliance with this act, may promulgaterules and regulations to establish a quarantine against movement of seedcontaining prohibited noxious weed seed and restricted noxious weed seed whichexceeds the tolerance established and may enter into an agreement with lawenforcement agencies to carry out the quarantine provisions.

 

(b) Repealed By Laws 2007, Ch. 8, 4.

 

(c) Repealed By Laws 2007, Ch. 8, 4.

 

(d) All seed shipments through the state shall be covered in aprescribed manner so as not to allow the dissemination of noxious weed seed.

 

11-12-123. Seed laboratory advisory group created; composition;appointment; officers; vacancy; meetings; quorum.

 

(a) There is created a seed laboratory advisory group whichshall be comprised of the following:

 

(i) Voting members shall be:

 

(A) One (1) member of the board, appointed by the chairman ofthe board;

 

(B) One (1) member representing organizations whose primarygoal is improved seed production, appointed by the board;

 

(C) Two (2) members representing the Wyoming seed industry,appointed by the board;

 

(D) Two (2) members who are certified or contract seed growers,appointed by the board;

 

(E) One (1) member who is a person interested in seed quality,appointed by the board.

 

(ii) Nonvoting members shall be:

 

(A) The director of the Wyoming department of agriculture orhis designee;

 

(B) The University of Wyoming experiment station director;

 

(C) The head of the University of Wyoming college ofagriculture plant science department or his designee;

 

(D) The Wyoming seed certification service manager, who shallserve as the seed laboratory advisory group secretary;

 

(E) The state seed analyst.

 

(b) All voting members shall serve terms of three (3) years. Amember may serve for more than one (1) term.

 

(c) The chairman and the vice-chairman shall serve terms of two(2) years with the vice-chairman succeeding the chairman. The chairman andvice-chairman shall be elected by a majority of the voting members at theannual meeting. In the event that the chairman is not able to complete histerm, the vice-chairman shall complete that term in addition to serving thesucceeding term. In the event the vice-chairman is unable to complete histerm, an election of a new chairman and vice-chairman shall take place at thenext annual meeting.

 

(d) In the event of a vacancy on the seed laboratory advisorygroup, the board shall appoint a new member to complete the term of thevacating member.

 

(e) One (1) regular meeting shall be held annually inconjunction with a Wyoming crop improvement industry meeting, as called by thechairman or as called by a majority of the voting members.

 

(f) A majority of the voting members shall constitute a quorum.

 

11-12-124. Seed laboratory advisory group duties.

 

(a) The seed laboratory advisory group shall:

 

(i) Maintain a policy of operation manual, which shall bereviewed by seed laboratory advisory group members at the annual meeting, andshall contain the policies and operational procedures of the seed laboratoryadvisory group;

 

(ii) Serve in an advisory role to aid the state seed analyst,the University of Wyoming, the Wyoming department of agriculture and the boardin the management of the seed laboratory;

 

(iii) Annually review the price list for seed testing andservices provided by the laboratory;

 

(iv) Recommend to the board as necessary, any changes to theprice list or other fees of the laboratory;

 

(v) Review the annual seed laboratory report;

 

(vi) Recommend to the board as necessary, any major capitalpurchases needed by the laboratory;

 

(vii) Recommend to the board as necessary, the use of newtechnologies or other seed testing needs as they occur;

 

(viii) Provide support as necessary to seed laboratory customers;

 

(ix) Provide to the board as necessary, constructive ideas onhow the laboratory can serve Wyoming and the region more effectively.

 

11-12-125. Penalties; director authorized to investigate and filecomplaint.

 

(a) Any person violating any provision of this act is guilty ofa misdemeanor and shall be fined not more than seven hundred fifty dollars($750.00), or imprisoned for not more than six (6) months, or both for eachoffense. Each day shall constitute a separate violation.

 

(b) The director is authorized to investigate allegedviolations and to file a complaint with the proper district or county andprosecuting attorney for the prosecution of violations.

 

(c) Any person found guilty of violating any provision of W.S.11-12-101 through 11-12-124, shall reimburse the state for the cost of anycontrol actions, treatments, quarantine, confiscation, destruction or removal ofany seed from the state resulting from the violation. Amounts collected underthis subsection shall be paid to the department of agriculture technicalservices division account.

 

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