§1044. Prohibitions
1. Test for germination; labels; ads; noxious weeds. It shall be unlawful for any person to sell, offer for sale or expose for sale any agricultural, vegetable or tree and shrub seeds within this State:
A. Unless the test to determine the percentage of germination required by section 1043 has 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 except that, with regard to cool-weather lawn and turf seed, that test must have been completed within a 15-month period pursuant to this paragraph. As used in this paragraph, "cool-weather lawn and turf seed" includes Kentucky bluegrass, red fescue, Chewing's fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass and creeping bentgrass; [PL 2017, c. 57, §1 (AMD).]
B. Not labeled in accordance with this subchapter, or having a false or misleading label;
C. Pertaining to which there has been a false or misleading advertisement;
D. Containing primary noxious-weed seeds not in accordance with tolerances and methods of determination prescribed in the rules and regulations promulgated by the commissioner;
E. If noxious-weed seeds are present singularly or collectively in excess of 500 per pound.
[PL 2017, c. 57, §1 (AMD).]
2. Misuse of labels; false ads; obstructions; stop-sales. It shall be unlawful for any person within this State:
A. To detach, alter, deface or destroy any label provided for in this subchapter, or the rules and regulations promulgated by the commissioner thereunder, or to alter or substitute seed in any manner that may defeat the purposes of said subchapter;
B. To disseminate any false or misleading advertisement concerning agricultural, vegetable or tree and shrub seeds in any manner or by any means; [PL 1969, c. 42, §6 (AMD).]
C. To hinder or obstruct in any way any authorized person in the performance of his duties under this subchapter;
D. To fail to comply with a "stop-sale" order.
[PL 1969, c. 42, §6 (AMD).]
SECTION HISTORY
PL 1969, c. 42, §§5,6 (AMD). PL 2017, c. 57, §1 (AMD).
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