(a)A person shall not sell, offer for sale, expose for sale, transport for sale, or distribute in the State hemp seed that:
(1)is not labeled in accordance with the requirements of this section or rules adopted by the Secretary;
(2)fails to meet germination standards, feminized seed claims, or other claims made on the label or in an advertisement or provides false or misleading information on a label or in an advertisement;
(3)fails to meet certification standards if standards have been adopted by the Secretary by rule; or
(4)consists of or contains prohibited noxious weed seeds, as that term is defined in section 641 of this title.
(b)Hemp seed sold, offered for sale, exposed for sale, transported for sale, or distributed in the State shall have a label attached to the bag or contai
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(a) A person shall not sell, offer for sale, expose for sale, transport for sale, or distribute in the State hemp seed that:
(1) is not labeled in accordance with the requirements of this section or rules adopted by the Secretary;
(2) fails to meet germination standards, feminized seed claims, or other claims made on the label or in an advertisement or provides false or misleading information on a label or in an advertisement;
(3) fails to meet certification standards if standards have been adopted by the Secretary by rule; or
(4) consists of or contains prohibited noxious weed seeds, as that term is defined in section 641 of this title.
(b) Hemp seed sold, offered for sale, exposed for sale, transported for sale, or distributed in the State shall have a label attached to the bag or container in which the seed is sold, offered for sale, exposed for sale, transported for sale, or distributed. The label shall contain the following information:
(1) the name and kind of each hemp seed present in excess of five percent of the whole percentage by weight;
(2) the origin state or foreign country of the hemp seed;
(3) whether the hemp seed was certified by a state or foreign country;
(4) the percentage by weight of any weed seeds in the container or bag;
(5) the percentage by weight of inert matter in the container or bag;
(6) the percentage of feminized seed;
(7) the percentage of germination of the seed;
(8) the date the seed was packed or packaged; and
(9) the name and address of the person who labeled the hemp seed or who sells, offers for sale, exposes for sale, or distributes the hemp seed in the State.
(c) The Secretary may issue a stop sale order for the violation of the requirements of this section or rules adopted by the Secretary under this chapter. The sale, processing, and movement of any seed subject to a stop sale order is prohibited until the Secretary issues a release from the stop sale order.
(d) A violation of this section or rules adopted by the Secretary under this chapter shall be subject to an administrative penalty under section 569 of this title.
(e)(1) A person injured or damaged by a violation of this section or a rule adopted by the Secretary under this chapter regarding the sale, offer for sale, exposure for sale, transport for sale, or distribution of hemp seed in the State may bring an action for equitable relief or damages arising from the violation.
(2) The cause of action authorized under this section is in addition to any common law or statutory remedies otherwise available and does not amend or conflict with the powers and authority of the Agency of Agriculture, Food and Markets.
(f) The Secretary may conduct inspections and otherwise enforce requirements for the sale or distribution of hemp seed established under this chapter according to the Secretary’s general authority to regulate seed under chapter 35 of this title, provided that the Secretary shall issue any penalty for the violation of the requirements of this chapter under the provisions of this chapter or rules adopted under this chapter. (Added 2019, No. 129 (Adj. Sess.), § 26.)