250.071 Unlawful acts

250.071 Unlawful acts.

It shall be unlawful:

(1) To distribute any agricultural seed, mixtures of agricultural seed, vegetable seed, or

flower seed, for seeding purposes which is not labeled in compliance with the

provisions of KRS 250.041 or which has false or misleading labeling;

(2) To perform or hold oneself out as being authorized to perform any of the acts for

which registration or a permit is required without complying with requirements of

KRS 250.051;

(3) To detach, alter, deface, or destroy any label provided for in KRS 250.021 to

250.111 or administrative regulations promulgated thereunder, or to alter or to

falsely label seed;

(4) To disseminate false or misleading advertisements concerning seed subject to KRS

250.021 to 250.111;

(5) To hinder or obstruct any authorized person in the performance of his or her duties

under KRS 250.021 to 250.111;

(6) To fail to comply with a "stop sale" order or to move or otherwise handle or dispose

of any lot of seed, or tags attached thereto, held under a "stop sale" order, except

with express permission of the director and for the purpose specified thereby;

(7) To distribute agricultural, vegetable, or flower seed subject to the requirements of

KRS 250.021 to 250.111:

(a) If subject to the germination requirements in KRS 250.041, or unless

otherwise stipulated in KRS 250.041(10)(b), the test to determine the

percentage of germination required by KRS 250.041 shall be completed

within a nine (9) month period immediately prior to sale, exposure for sale, or

offering for sale or transportation, exclusive of the calendar month in which

the test was completed. However, agricultural or vegetable seed packaged in

hermetically sealed containers may be distributed for a period of thirty-six

(36) months after the germination test was completed;

(b) Consisting of or containing prohibited noxious weed seed;

(c) Having a combined germination and hard seed or germination and dormant

seed percentage that is under sixty percent (60%), unless exception is

specifically granted by the director;

(d) Consisting of or containing restricted noxious weed seed in amounts in excess

of the number prescribed by administrative regulations promulgated under

KRS 250.021 to 250.111, or in excess of the number declared on the label;

(e) Containing more than two percent (2%) by weight of all weed seed; or

(f) Labeled with the word "trace" or other word as a substitute for a percentage

amount;

(8) To distribute agricultural seed not certified by an official seed-certifying agency if it

is a variety for which a certificate of plant variety protection under the Federal Plant

Variety Protection Act, 7 U.S.C. secs. 2321 et seq., specifies distribution only as a

class of certified seed. Agricultural seed from a certified lot may be included and

labeled by variety name in a mixture provided that the approval of the owner of the

variety has been obtained;

(9) To sell or offer for sale any seed bearing the certified label of any growers'

association whose requirements for certification are in any regard lower than those

of the Kentucky Seed Improvement Association;

(10) To mix seed, including "feed wheat" or "wheat," with fertilizer and distribute the

mixture unless the seed have been tested and labeled and are in full compliance with

KRS 250.021 to 250.111;

(11) To condition seed belonging to one (1) person and deliver the conditioned seed to,

or allow its pick-up by, any other person unless the seed have been tested and

labeled in accordance with KRS 250.041; and

(12) To use relabeling stickers without having both the calendar month and year the

germination test was completed and the lot number that matches the existing

original lot number.