Section 433:4 Prohibitions.
It is unlawful for any person:
I. To sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this state:
(a) If subject to the germination requirements of RSA 433:2, unless otherwise provided in RSA 433:2, and unless the test to determine the percentage of germination required by RSA 433:2 shall have been completed within a 9-month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation. This prohibition shall not apply to tree and shrub seeds or to agricultural or vegetable seeds in hermetically-sealed containers. Agricultural or vegetable seeds packaged in hermetically-sealed containers under the conditions defined in rules adopted under the provisions of this subdivision may be sold, exposed for sale or offered for sale or transportation for a period of 36 months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in hermetically-sealed containers are sold, exposed for sale, or offered for sale or transportation more than 36 months after the last day of the month in which they were tested prior to packaging, they shall have been retested within a 9-month period, exclusive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation.
(b) Not labeled in accordance with the provisions of this subdivision or having false or misleading labeling.
(c) Pertaining to which there has been false or misleading advertisement.
(d) Consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances.
(e) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed in rules adopted under this subdivision, or in excess of the number declared or in excess of the maximum percentage allowed for undesirable grass seed under RSA 433:2, III(f) on the label attached to the container of the seed or associated with the seed.
(f) Containing more than 2 1/2 percent by weight of all weed seeds.
(g) If any labeling, advertising, or other representation subject to this subdivision represents the seed to be certified seed or any class thereof unless:
(1) It has been determined by a seed certifying agency that such seed conformed to standards of purity and identity as to kind; species; subspecies, if appropriate; or variety, and also that tree seed was found to be of the origin and elevation claimed, in compliance with the rules or regulations of such agency pertaining to such seed; and,
(2) The seed bears an official label issued for such seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind; species; subspecies, if appropriate; 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, provided that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety.
II. Within the state:
(a) To detach, alter, deface, or destroy any label provided for in this subdivision or in the rules adopted under this subdivision, or to alter or substitute seed in a manner that may defeat the purpose of this subdivision.
(b) To disseminate any false or misleading advertisements concerning seeds subject to this subdivision.
(c) To hinder or obstruct any authorized person in the performance of his duties under this subdivision.
(d) To 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 to it, except with express permission of the enforcing officer and for the purpose specified by such officer.
(e) To use the word ""trace'' as a substitute for any statement which is required.
(f) To use the word ""type'' in any labeling in connection with the name of any agricultural seed variety.
(g) To use relabeling stickers without having both the calendar month and year the germination test was completed, the sell by date, as stated in RSA 433:2, III(g), RSA 433:2, V(c), and RSA 433:2, VII(a), and the lot number that matches the existing, original lot number. Relabeling shall not occur more than once.
(h) To alter or falsify any seed label, seed test, laboratory report, record, or other document to create a misleading impression as to kind, kind and variety, history, quality, or origin of seed.
Source. 1990, 126:2, eff. June 18, 1990. 2003, 106:11-13, eff. Jan. 1, 2004.