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This entry was published on 2019-01-18
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SECTION 138
Prohibitions
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 9
§ 138. Prohibitions. A. It shall be unlawful for any person to sell,
offer for sale, expose for sale, or to transport for planting purposes
any seed within this state:

1. Unless the test to determine the percentage of germination as
required by section one hundred thirty-seven of this article, shall have
been made for the calendar year in which the seed is sold, offered, or
exposed for sale.

2. Not labeled in accordance with the provisions of this article or
having false or misleading labeling.

3. Pertaining to which there has been false or misleading advertising.

4. Containing more than one per cent by weight of all weed seeds
except as hereafter specified by the commissioner.

5. So weak or so low in germination as to be unfit for seeding
purposes.

6. Represented to be "certified seed", "registered seed", "foundation
seed", "phyto-inspected seed", or designated by any other term conveying
similar meaning, unless such seed has been produced or collected,
processed and labeled in accordance with the procedures and in
compliance with the rules and regulations of an officially recognized
certification agency or agencies and bears an official tag or label of
such an agency.

7. Represented to be hybrid seed unless such seed conforms to the
definition of hybrid presented in section one hundred thirty-six of this
article; provided that this prohibition shall not apply to variety names
in common trade usage at the time this law becomes effective.

8. If lawn seeds, containing more than twenty per cent inert matter
which is neither a micro-organism, a nutrient, a pest control substance,
a material to modify the size, shape and weight of the seed, nor other
beneficial inert matter applied as a coating to such seeds for purposes
of improving seed placement, or the yield or vigor of resulting
seedlings.

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

(1) To detach, alter, deface, or destroy any label provided for in
this article or the rules and regulations promulgated thereunder, or to
alter or substitute seed, in a manner that may defeat the purpose of
this article.

(2) To disseminate any false or misleading advertising concerning seed
in any manner or by any means.

(3) To hinder or obstruct in any way, any authorized person in the
performance of his duties under this article.

(4) To fail to comply with a "stop-sale" order.

(5) To use the word "type" in any labeling in connection with the name
of any seed.

(6) To move or otherwise handle or dispose of any lot of seed held
under a "stop-sale" order or tags attached thereto, except with the
written permission of the enforcing officer, and for the purpose
specified therein.

(7) To sell, offer or expose for sale any color mixture of a single
kind of flower seed representing four or more colors or shades, in which
any one color or shade occurs in sixty per cent or more of the plants
which the mixture is capable of producing, unless colors or shades and
approximate percentage of each are indicated on the label.

(8) To sell, offer, or expose for sale a mixture of flower seed kinds
in which any one kind is present in excess, of twenty-five per cent by
seed count unless the kinds present and the approximate percentage of
each are indicated on the label.

(9) To use relabeling stickers without having both the calendar month
and year the germination test was completed, the sell by date and the
lot number that matches the existing, original lot number. A relabeling
may not occur more than one time.

(10) To sell, offer, or expose for sale agricultural seed more than
nine months from the date of the germination test, exclusive of the
month of the test.