199.8 - PROHIBITED ACTS.
199.8 PROHIBITED ACTS.
1. It is unlawful for a person to sell, transport, offer for
sale, expose for sale, or advertise an agricultural or vegetable
seed:
a. Unless the test to determine the percentage of germination
as required by this chapter has been completed within nine months,
excluding the month of the test, immediately prior to selling,
transporting, offering, exposing, or advertising for sale. A retest
is not required for seed in hermetically sealed containers or
packages provided they have not reached the thirty-six month
expiration date.
b. Not labeled in accordance with the provisions of this
chapter, or having a false or misleading label.
c. For which there has been false or misleading advertising.
d. Consisting of or containing primary noxious weed seed,
subject to recognized tolerances.
e. Consisting of or containing secondary noxious weed seed
per weight unit in excess of the number prescribed by rules adopted
under this chapter, or in excess of the number declared on the label
attached to the container of the seed or associated with the seed.
f. Containing more than one and one-half percent by weight of
all weed seed.
g. If any labeling, advertising, or other representation
subject to this chapter represents the seed to be certified seed or
any class thereof, unless:
(1) It has been determined by a seed certifying agency that the
seed conforms to standards of varietal purity and identity as to kind
in compliance with the rules and regulations of the agency.
(2) The seed bears an official label issued for the seed by a
seed certifying agency stating that the seed is of a specified class
and a specified kind or variety.
h. Labeled with a variety name but not certified by an
official seed certifying agency when it is a variety for which a
United States certificate of plant variety protection under the Plant
Variety Protection Act, 7 U.S.C. § 2321 et. seq., specifies sale only
as a class of certified seed. Seed from a certified lot may be
labeled as to variety name and used in a blend, by or with the
approval of the owner of the variety.
2. It is unlawful for a person to:
a. Detach, alter, deface, or destroy a label provided for in
this chapter or the rules adopted under this chapter, or to alter or
substitute seed in a manner that may defeat the purpose of this
chapter.
b. Disseminate false or misleading advertisements concerning
seed subject to this chapter.
c. Hinder or obstruct in any way an authorized person in the
performance of duties under this chapter.
d. 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.
e. Use the word "trace" as a substitute for any statement
which is required.
f. Use the word "type" in labeling in connection with the
name of an agricultural seed variety.
3. It is unlawful for a person to sell, transport, offer for
sale, expose for sale, or advertise screenings of any agricultural
seed subject to this chapter, unless it is stated on the label if in
containers or on the invoice if in bulk, that they are not intended
for seeding purposes. For the purpose of this subsection,
"screenings" includes chaff, empty florets, immature seed, weed
seed, inert matter, and other materials removed by cleaning from any
agricultural seed subject to this chapter. Section History: Early Form
[S13, § 5077-a15; C24, 27, 31, 35, 39, § 3137; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 199.8; 82 Acts, ch 1191, § 7]
Referred to in § 199.9, 199.12