§ 138 — Prohibitions

§ 138. Prohibitions. A. It shall be unlawful for any person to sell,\noffer for sale, expose for sale, or to transport for planting purposes\nany seed within this state:\n 1. Unless the test to determine the percentage of germination as\nrequired by section one hundred thirty-seven of this article, shall have\nbeen made for the calendar year in which the seed is sold, offered, or\nexposed for sale.\n 2. Not labeled in accordance with the provisions of this article or\nhaving false or misleading labeling.\n 3. Pertaining to which there has been false or misleading advertising.\n 4. Containing more than one per cent by weight of all weed seeds\nexcept as hereafter specified by the commissioner.\n 5. So weak or so low in germination as to be unfit for seeding\npurposes.\n 6. Represented to be "certified seed", "registered seed", "foundation\nseed", "phyto-inspected seed", or designated by any other term conveying\nsimilar meaning, unless such seed has been produced or collected,\nprocessed and labeled in accordance with the procedures and in\ncompliance with the rules and regulations of an officially recognized\ncertification agency or agencies and bears an official tag or label of\nsuch an agency.\n 7. Represented to be hybrid seed unless such seed conforms to the\ndefinition of hybrid presented in section one hundred thirty-six of this\narticle; provided that this prohibition shall not apply to variety names\nin common trade usage at the time this law becomes effective.\n 8. If lawn seeds, containing more than twenty per cent inert matter\nwhich is neither a micro-organism, a nutrient, a pest control substance,\na material to modify the size, shape and weight of the seed, nor other\nbeneficial inert matter applied as a coating to such seeds for purposes\nof improving seed placement, or the yield or vigor of resulting\nseedlings.\n B. It is unlawful for any person within this state:\n (1) To detach, alter, deface, or destroy any label provided for in\nthis article or the rules and regulations promulgated thereunder, or to\nalter or substitute seed, in a manner that may defeat the purpose of\nthis article.\n (2) To disseminate any false or misleading advertising concerning seed\nin any manner or by any means.\n (3) To hinder or obstruct in any way, any authorized person in the\nperformance of his duties under this article.\n (4) To fail to comply with a "stop-sale" order.\n (5) To use the word "type" in any labeling in connection with the name\nof any seed.\n (6) To move or otherwise handle or dispose of any lot of seed held\nunder a "stop-sale" order or tags attached thereto, except with the\nwritten permission of the enforcing officer, and for the purpose\nspecified therein.\n (7) To sell, offer or expose for sale any color mixture of a single\nkind of flower seed representing four or more colors or shades, in which\nany one color or shade occurs in sixty per cent or more of the plants\nwhich the mixture is capable of producing, unless colors or shades and\napproximate percentage of each are indicated on the label.\n (8) To sell, offer, or expose for sale a mixture of flower seed kinds\nin which any one kind is present in excess, of twenty-five per cent by\nseed count unless the kinds present and the approximate percentage of\neach are indicated on the label.\n (9) To use relabeling stickers without having both the calendar month\nand year the germination test was completed, the sell by date and the\nlot number that matches the existing, original lot number. A relabeling\nmay not occur more than one time.\n (10) To sell, offer, or expose for sale agricultural seed more than\nnine months from the date of the germination test, exclusive of the\nmonth of the test.\n