§150-23 - Prohibiting sales; germination tests.
§150-23 Prohibiting sales; germination tests. A person may not sell, offer, or expose for sale within the State any agricultural or vegetable seed for planting purposes if any one or more of the following conditions exist:
(1) The seed has not been labeled in accordance with sections 150-24 and 150-25;
(2) A false or misleading advertisement has been made with respect to the seed;
(3) The amount of noxious weed seed and other weed seed is in excess of tolerances established by rules of the department;
(4) A testing of the seed, to determine the percentages of germination, has not been completed within nine months, exclusive of the calendar month in which the test was completed, before the date of sale or offer or exposure for sale. The department, by rule, may extend the nine-month limitation for seed that has been packaged or processed under conditions that would greatly extend the viability of the seed;
(5) Descriptive words or phrases on labels are not clearly distinguishable from the kind and variety names; or
(6) The seed has a false or misleading label. [L 1945, c 90, pt of §2; RL 1955, §26-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-23; am L 1973, c 14, §1; am L 1987, c 164, §5; am L 1991, c 73, §3; am L 1992, c 98, §2]
Cross References
Noxious weed control, see chapter 152.