La. Admin. Code tit. 7 § XIII-301

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-301 - Acts which Constitute Violations

A. The following acts shall be considered as violations under the Seed Law or this Part:

1. selling, distributing, or offering or handling for sale any agricultural or vegetable seed without registering with the commissioner as a seed dealer or maintaining a seed dealer's license;

2. failing to timely file any required report or pay any required regulatory fee on agricultural or vegetable seed sold within or into Louisiana;

3. selling, distributing, offering or handling for sale, or transporting, unless exempted under R.S. 3:1445, any agricultural or vegetable seed within or into this state which is not labeled in accordance with the Seed Law or this Part;

4. selling, distributing, offering or handling for sale, or transporting except for common carriers exempted under R.S. 3:1445, within or into this state, any agricultural or vegetable seed that is:

a. labeled in a false or misleading manner; or that is

b. advertised in a false or misleading manner; or that

c. contain conflicting labeling or label information;

5. failing to comply with a written stop order issued by an authorized agent of the commissioner, commission or LDAF;

6. failing to comply with labeling requirements when selling, distributing, or offering or handling for sale "treated" seed;

7. detaching, defacing, damaging, falsifying, altering or destroying any required label, certificate, seal, tape, test data, records or other documents provided for in the Seed Law or this Part unless any such action is performed by the ultimate consumer or end user of the seed after purchase by that person;

8. failing to keep accurate records or to make any such records available for inspection, as required by the Seed Law or this Part;

9. selling, distributing, or offering or handling for sale agricultural or vegetable seed as certified, registered or foundation class without being produced and labeled in compliance with the Seed Law or this Part;

10. representing a lot as "certified seed" without an official seed certifying agency label, tape, certificate or other approved documentation attached to or accompanying each container or shipment;

11. obstruct in any way the commissioner, the commission, LDAF or any of their authorized agents in the performance of their duties;

12. selling, distributing, offering or handling for sale, or transporting except for common carriers exempted under R.S. 3:1445, any agricultural or vegetable seed that has not been tested in accordance with the Seed Law or this Part;

13. using relabeling stickers or supplemental labels without having both the calendar month and year that the germination test was completed, and the lot number that exactly matches the original lot number;

14. failure of labeled seed to be within the limitations allowed or recognized tolerances of analysis on label;

15. failure to comply and obtain a written release of a stop order within the 30-day period required by R.S. 3:1440.

La. Admin. Code tit. 7, § XIII-301

Promulgated by the Department of Agriculture, Seed Commission, LR 8:567 (November 1982), amended LR 9:197 (April 1983), amended by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Seed Commission, LR 12:825 (December 1986), repromulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed Commission, LR 39:2708 (October 2013), amended LR 40:747 (April 2014), Amended LR 441853 (10/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1444 and R.S. 3:1433.