§ 266.071 — Sales, offers for sale and acts prohibited.

Missouri § 266.071

• Jurisdiction: Missouri
• Title XVII: AGRICULTURE AND ANIMALS
• Ch. 266: Seeds, Fertilizers and Feeds

Text

1.  It is unlawful for any person to sell, distribute, offer for sale, or expose for sale any agricultural or vegetable seed within this state:

(1)  Unless the test to determine the percentage of germination was performed within ten months of the time the seed is sold, exposed for sale, offered for sale or distributed.  An exception shall be allowed for seed packaged in hermetically sealed containers, which may be sold, exposed for sale, offered for sale or transported up to thirty-six months after the test to determine the percentage of germination, if the seed is packaged according to the regulation governing hermetically packaged seed;

(2)  Not labeled in accordance with the provisions of sections 266.011 to 266.111 or having a false or misleading labeling;

(3)  Which has false or misleading advertisement;

(4)  Containing prohibited weed seeds;

(5)  Containing noxious weed seeds in excess of one-half percent, or in excess of the number declared on the label attached to the container of the seed;

(6)  Containing more than two percent by weight of weed seeds, except for Brome grass, orchard grass or fescue which may not exceed three percent;

(7)  Which is represented to be certified, registered, foundation, or any other term conveying a similar meaning when referring to seed unless it has been produced, processed, and labeled in accordance with procedures and in compliance with the rules and regulations of an officially recognized certifying agency.

2.  It is unlawful for any person within this state:

(1)  To detach, alter, deface or destroy any label provided for in sections 266.011 to 266.111 , or the rules and regulations made and promulgated thereunder, or to alter or substitute seed, in a manner that may defeat the purposes of sections 266.011 to 266.111 ;

(2)  To hinder or obstruct in any way any authorized person in the performance of his duties under sections 266.011 to 266.111 ;

(3)  To fail to comply with a "stop-sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop-sale" order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified thereby;

(4)  To sell noxious or prohibitive weed seed except as provided in section 266.080 ;

(5)  To sell seed to persons performing the seed sale functions listed in subdivision (1), (2), (3), or (4) of subsection 1 of section 266.031 , unless the person buying has a retail permit to sell seed;

(6)  To permit seed to move into this state which does not meet the standards of the seed certifying agency of the state in which the seed originated or the provisions of Missouri seed law.

Legislative History

(L. 1951 p. 5 § 266.070, A.L. 1957 p. 13, A.L. 1979 H.B. 57)