N.Y. Agriculture & Markets Law § 138: Prohibitions

§ 138. Prohibitions. A. It shall be unlawful for any person to sell,

offer for sale, expose for sale, or to transport for planting purposes

any seed within this state:

1. Unless the test to determine the percentage of germination as

required by section one hundred thirty-seven of this article, shall have

been made for the calendar year in which the seed is sold, offered, or

exposed for sale.

2. Not labeled in accordance with the provisions of this article or

having false or misleading labeling.

3. Pertaining to which there has been false or misleading advertising.

4. Containing more than one per cent by weight of all weed seeds

except as hereafter specified by the commissioner.

5. So weak or so low in germination as to be unfit for seeding

purposes.

6. Represented to be "certified seed", "registered seed", "foundation

seed", "phyto-inspected seed", or designated by any other term conveying

similar meaning, unless such seed has been produced or collected,

processed and labeled in accordance with the procedures and in

compliance with the rules and regulations of an officially recognized

certification agency or agencies and bears an official tag or label of

such an agency.

7. Represented to be hybrid seed unless such seed conforms to the

definition of hybrid presented in section one hundred thirty-six of this

article; provided that this prohibition shall not apply to variety names

in common trade usage at the time this law becomes effective.

8. If lawn seeds, containing more than twenty per cent inert matter

which is neither a micro-organism, a nutrient, a pest control substance,

a material to modify the size, shape and weight of the seed, nor other

beneficial inert matter applied as a coating to such seeds for purposes

of improving seed placement, or the yield or vigor of resulting

seedlings.

B. It is unlawful for any person within this state:

(1) To detach, alter, deface, or destroy any label provided for in

this article or the rules and regulations promulgated thereunder, or to

alter or substitute seed, in a manner that may defeat the purpose of

this article.

(2) To disseminate any false or misleading advertising concerning seed

in any manner or by any means.

(3) To hinder or obstruct in any way, any authorized person in the

performance of his duties under this article.

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

(5) To use the word "type" in any labeling in connection with the name

of any seed.

(6) To move or otherwise handle or dispose of any lot of seed held

under a "stop-sale" order or tags attached thereto, except with the

written permission of the enforcing officer, and for the purpose

specified therein.

(7) To sell, offer or expose for sale any color mixture of a single

kind of flower seed representing four or more colors or shades, in which

any one color or shade occurs in sixty per cent or more of the plants

which the mixture is capable of producing, unless colors or shades and

approximate percentage of each are indicated on the label.

(8) To sell, offer, or expose for sale a mixture of flower seed kinds

in which any one kind is present in excess, of twenty-five per cent by

seed count unless the kinds present and the approximate percentage of

each are indicated on the label.

(9) To use relabeling stickers without having both the calendar month

and year the germination test was completed, the sell by date and the

lot number that matches the existing, original lot number. A relabeling

may not occur more than one time.

(10) To sell, offer, or expose for sale agricultural seed more than

nine months from the date of the germination test, exclusive of the

month of the test.