It is unlawful for any person to sell, offer for sale or transport for sale any seeds of agricultural crops, flowers, vegetables, herbs, trees or shrubs within this state:

1. If they are subject to the labeling requirements of NRS 587.091 to 587.105, inclusive, unless the test to determine the percentage of germination required has been completed, as prescribed in the regulations adopted under paragraph (f) of subsection 1 of NRS 587.083, immediately before the sale, offering for sale or transporting of the seed.

2. Unless labeled in accordance with the provisions of NRS 587.091 to 587.105, inclusive, or if bearing a false and misleading label.

3. Which have been the subject of a false or misleading advertisement.

4. Which consist of or contain prohibited seeds of noxious weeds in excess of recognized tolerances.

5. Which consist of or contain seeds of restricted noxious weeds in excess of the number per pound as prescribed by regulations adopted under paragraph (b) of subsection 1 of NRS 587.083, or in excess of the number stated on the label attached to the container of the seed.

6. Which contain seeds of weeds in excess of limits set forth in the regulations adopted under NRS 587.015 to 587.123, inclusive.

7. Which are represented, by labeling, advertising or otherwise, to be any particular class of certified seed, unless:

(a) It has been determined by a certifying agency that the seed was produced, processed and packaged, in accordance with the standards established by the agency; in addition, as to seeds for trees, the seed was found to be of the origin and elevation claimed; and

(b) The seed bears an official label, issued by the certifying agency, that the seed is certified or registered.

(Added to NRS by 1969, 362; A 1985, 630)