Sec. 61.018. PENALTIES. (a) A person commits an offense if the person sells or offers, exposes, or transports for sale agricultural or vegetable seed within this state that:
(1) has not been tested for germination in accordance with Section 61.009 of this code;
(2) is not labeled in accordance with Section 61.004, 61.005, or 61.006 of this code, as applicable;
(3) has false or misleading labeling;
(4) is represented by a false or misleading advertisement;
(5) contains noxious weed seeds in excess of the limitations per pound, allowing for tolerances, prescribed under Section 61.008 of this code;
(6) has labeling or advertising subject to this chapter that represents the seed to be certified in violation of Section 61.007 of this code; or
(7) is labeled by variety name in violation of Section 61.007(b) of this code.
(b) A person commits an offense if the person:
(1) detaches, alters, defaces, or destroys any label provided for in this chapter or the rules adopted under this chapter;
(2) alters or substitutes seed in a manner that may defeat the purposes of this chapter;
(3) disseminates a false or misleading advertisement concerning agricultural or vegetable seed;
(4) fails to comply with a stop-sale order issued under Section 61.014 of this code;
(5) hinders or obstructs an authorized person in the performance of duties under this chapter;
(6) uses the word "type" in violation of Section 61.004(b) of this code; or
(7) violates any other provision of this chapter.
(c) An offense under this section is a Class C misdemeanor.
(d) If a person is prosecuted under this section for selling or offering or exposing for sale in this state agricultural or vegetable seed that is incorrectly labeled or represented as to kind, variety, type, treatment, or origin and that cannot be identified by examination, it is a defense to prosecution that the defendant obtained an invoice or grower's declaration giving kind, kind and variety, or kind and type, treatment, and origin, if required.
Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 39, eff. Sept. 1, 1989.
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