Section 43-10-109 - ProhibitionsIt is unlawful for any person to:
(1) Transport, offer for transportation, sell, distribute, offer or expose for sale within this state agricultural seed or vegetable seeds for seeding purposes:(A) Unless a seed license has been obtained in accordance with this part;(B) Unless the test to determine the percentage of germination required by §§ 43-10-106 - 43-10-108 has been completed within a nine-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;(C) Not labeled in accordance with this part or having a false or misleading labeling or claim;(D) Pertaining to which there has been a false or misleading advertisement;(E) Consisting of or containing prohibited noxious-weed seeds (tolerance not permitted);(F) Containing restricted noxious-weed seeds, except as prescribed by rules and regulations promulgated under this part;(G) Containing weed seeds in excess of two percent (2%) by weight unless otherwise provided in rules and regulations promulgated under this part;(H) That have been treated and not labeled as required;(I) To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds;(J) Represented to be certified, registered, or foundation seed, unless it has been produced, processed and labeled in accordance with the procedures and in compliance with rules and regulations of an official seed certifying agency;(K) Represented to be hybrid, unless such seed conforms to the definition of a "hybrid" as defined in this part;(L) Unless it conforms to the definition of a "lot"; or(M) By variety name seed not certified by an official seed certifying agency when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act 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;(2) Advertise by variety name or make any representations to a particular variety, when the variety is protected by the Plant Variety Protection Act for sale only as a class of certified seed, if it has not been certified by an official seed certification agency, except as provided in subdivision (1)(M);(3) Transport, offer for transportation, sell, distribute, offer or expose for sale seeds, whole grain, and screenings not for seeding purposes unless labeled "not for seeding purposes";(4) Detach, alter, deface, or destroy any label provided for in this part or the rules and regulations promulgated under this part, or to alter or substitute seed in any manner that defeats the purpose of this part;(5) Disseminate false or misleading advertisement in any manner concerning agricultural seeds, vegetable seeds or screenings;(6) Hinder or obstruct in any manner an authorized agent of the commissioner in the performance of such agent's lawful duties;(7) Fail to comply with or to supply inaccurate information in reply to a stop-sale order, or remove tags attached to, or move or dispose of, seed or screenings held under stop-sale order, except as specified by the enforcement officer;(8) Use the name of the department of agriculture or the results of tests and inspections made by the department for advertising purposes;(9) Sell, offer or expose for sale, or give away the seeds or plants of Johnson grass or seed indistinguishable from Johnson grass seed, such as Sorghum alum;(10) Use the words "type" or "trace" in lieu of information required by § 43-10-105 through this section;(11) Label and offer for sale seed under the scope of this part without keeping complete records as specified in § 43-10-111; or(12) Sell, distribute, offer or expose for sale tobacco seed for seeding purposes unless the seed has been certified by an official seed certifying agency.Acts 1986, ch. 660, § 10; 1993, ch. 269, § 1; 1994, ch. 844, § 2; 1997, ch. 94, § 2.