22-416. PROHIBITIONS. (1) It shall be unlawful for any person to sell, offer for sale, expose for sale, or deliver under a contract any seed within the state:

(a) Unless the test to determine the percentage of germination required by section 22-415, Idaho Code, shall have been completed within a fifteen (15) month period, exclusive of the calendar month in which the test was completed immediately prior to sale, exposure for sale, or offered for sale or transportation. This prohibition does not apply to tree and shrub seeds or agricultural or vegetable seed in hermetically-sealed containers. The director may by regulation prescribe a longer period than otherwise stated herein, and the conditions and methods of treatment or packaging and labeling which he deems to be necessary to maintain the identification and viability of such seed.

(b) Not labeled in accordance with the provisions of this chapter, or having false or misleading labeling.

(c) Pertaining to which there has been a false or misleading advertisement.

(d) Containing prohibited noxious weed seeds.

(e) Containing restricted noxious weed seeds singly or collectively in excess of tolerances as provided by the rules and regulations of the department.

(f) Labeled a variety name for which a United States certificate of plant variety protection has been issued or is pending, specifying seed sale only as a class of certified seed, when the seed is in fact not certified by an official seed certifying agency.

(g) If the crop seed rye (Secale cereal) is present in wheat, oats or barley.

(2) It shall be unlawful for any person within this state:

(a) To detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated thereunder, or to alter or substitute seed, in a manner that may defeat the purposes of this chapter.

(b) To disseminate any false or misleading advertisement concerning seeds in any manner or by any means.

(c) To hinder or obstruct in any way any authorized person in the performance of his duties under this chapter.

(d) To fail to comply with a "stop-sale" order.

(e) To ship, deliver, transport, or sell seeds treated with any substance likely to be poisonous to human beings or animals unless there is conspicuously shown on the analysis tag or label, or on a separate tag or container, the word "treated", signal word and precautionary statements for appropriate warning adequate to protect the public based on the toxicity categories set forth in title 40, code of federal regulations, effective July 1, 1989. It is unlawful to sell or divert seed so treated for use or for processing either for human or animal consumption.

(f) To transport screenings containing noxious weed seeds without proper covering or tarping, or containerizing or boxing, to prevent noxious weed seed dissemination. All screenings containing noxious weed seeds must be processed to eliminate germination.

(g) To return to a seed dealer treated seed in open bags except for storage purposes.

(3) It shall be unlawful for any person to make any representation as to any particular lot of seeds, tubers, plants or plant parts intended to be offered for sale as "Idaho State Certified," "State Certified," "Idaho Certified," or "Certified," or similar words or phrases, without first having the written certificate of the Idaho agricultural experiment station in the college of agriculture of the university of Idaho or its agent as to the genetic purity and/or other characteristics of the particular seeds, tubers, plants or plant parts as represented.

History:

[22-416, added 1951, ch. 243, sec. 3, p. 508; am. 1970, ch. 8, sec. 1, p. 12; am. 1974, ch. 18, sec. 5, p. 364; am. 1979, ch. 180, sec. 1, p. 533; am. 1985, ch. 22, sec. 3, p. 38; am. 1987, ch. 188, sec. 3, p. 376; am. 1990, ch. 89, sec. 2, p. 187; am. 1990, ch. 413, sec. 3, p. 1147; am. 1991, ch. 171, sec. 2, p. 416.]