Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-265 (Repealed effective October 1, 2008) Prohibitions

§ 3.1-265. (Repealed effective October 1, 2008) Prohibitions

It shall be unlawful for any person:

I. To transport, to offer for transportation, to sell, offer for sale or expose for sale, within this Commonwealth:

(A) Seed or seed mixtures subject to this article:

(1) unless the germination test to determine the percentage of germination required by § 3.1-264 shall have been completed within a nine-month period, exclusive of the calendar month in which the test was completed, prior to sale, exposure for sale, or offering for sale or transportation;

(2) not labeled in accordance with or otherwise meeting the provisions of this article, not registered or falsely stated to be registered under § 3.1-275.1, or having a false or misleading labeling or claim;

(3) pertaining to which there has been a false or misleading advertisement;

(4) consisting of, or containing prohibited noxious-weed seeds in any amount whatsoever (tolerance not permitted);

(5) containing restricted noxious-weed seeds, except as prescribed by regulations promulgated under this article;

(6) containing weed seeds in excess of one percent by weight, except as prescribed by regulations promulgated under this article;

(7) that have been treated and not labeled as required;

(8) to which there is affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality, or origin of the seed;

(9) represented to be certified, registered, or foundation seed, unless it has been produced, processed and labeled in accordance with the procedures and in compliance with rules and regulations of an officially recognized certifying agency;

(10) represented to be a hybrid unless such seed conforms to the definition of a hybrid as defined in this article except those kinds named in regulations promulgated by the Board as having agronomic value and flower seed generally defined as hybrids prior to the enactment of § 3.1-264 (F) and (G) on July 1, 1966 as determined by regulations promulgated by the Board;

(11) hybrid seed from a crop which has been inspected in the field by a duly authorized inspector and rejected because of failure to conform to the controlled conditions as specified by regulations promulgated pursuant to the provisions of this article;

(12) unless it conforms to the definition of a "lot"; and

(13) unless the variety or hybrid name or designation is the first variety or hybrid name or designation assigned to it by the owner of the variety or hybrid.

(B) Screenings; unless labeled as provided in § 3.1-264 (E) of this article.

II. To detach, alter, deface, or destroy any label provided for in this article or the regulations promulgated thereunder, or to alter or substitute seed, in any manner that may defeat the purpose of the provisions of this article.

III. To disseminate false or misleading advertisement in any manner concerning agricultural, vegetable, flower, tree and shrub, lawn and turf seeds, or screenings.

IV. To hinder or obstruct in any manner an authorized agent of the Commissioner in the performance of his duties.

V. To fail to comply with, or to supply inaccurate information in reply to, a stop sale order, or to remove tags attached to, or to dispose of seed or screenings held under such order except as specified by the Commissioner or his agent.

VI. To use the name of the Department of Agriculture or the results of tests and inspections made by the Department for advertising purposes.

VII. To use the words "type" or "trace" in lieu of information required by this article.

VIII. To label and offer for sale seed under the scope of this article without keeping complete records as specified in § 3.1-266.

IX. To fail or refuse to obtain a license in accordance with § 3.1-275.2.

X. To fail or refuse to register a lawn and turf seed mixture in accordance with § 3.1-275.1.

XI. To fail or refuse to pay inspection fees in accordance with § 3.1-275.3.

XII. To sell, or expose for sale, or advertise as noncertified, a variety for which a certificate of plant variety protection has been issued, under the Plant Variety Protection Act, specifying sale only as a class of certified seed; provided, that the guarantor may label seed from a certified lot by variety name when the guarantor uses the seed in a mixture, if the guarantor is the owner of the variety or the owner of the variety gives the guarantor approval to use the variety name.

(Code 1950, § 3-219.4; 1958, c. 483; 1966, cc. 9, 702; 1994, c. 577.)

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Last modified: April 16, 2009