2016 Delaware Code
Title 3 - Agriculture
CHAPTER 15. SEEDS
§ 1504. Prohibitions.

(a) No person shall sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower or tree and shrub seeds within this State:

(1) If subject to the germination requirements of § 1502 of this title, unless the test to determine the percentage of germination required by § 1502 of this title shall have been completed within a 14-month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation;

(2) Not labeled in accordance with this chapter or having false or misleading labeling;

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

(4) Consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;

(5) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed under this chapter, or in excess of the number declared on the label attached to the container of the seed or associated with the seed subject to recognized tolerances;

(6) Containing more than 11/2% by weight of all weed seeds;

(7) Containing more than 20% by weight of inert matter in lawn and turf seed;

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

(9) If any labeling, advertising or other representation subject to this chapter represents the seed to be certified or registered seed unless:

a. It has been determined by a seed certifying agency that the seed was produced, processed, and packaged, and conforms to the standards of purity as to kind, species (and subspecies, if appropriate), or variety, and also that tree seed was found to be of the origin and elevation claimed, in compliance with the rules and regulations of the agency; and

b. That the seed bears an official label issued by a seed certifying agency stating that the seed is certified or registered.

(b) It is unlawful for any person within this State to:

(1) Detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated thereunder, or to alter or substitute seed in a manner that may defeat the purposes of this chapter;

(2) Disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner or by any means;

(3) Hinder or obstruct in any way, any authorized person in the performance of his duties under this chapter;

(4) Fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop sale" order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified;

(5) Use the word "trace" as a substitute for any statement which is required;

(6) Use the word "type" in any labeling in connection with the name of any agricultural seed variety.

36 Del. Laws, c. 91, § 8; Code 1935, § 662; 44 Del. Laws, c. 66, §§ 1, 4; 3 Del. C. 1953, § 1503; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 77 Del. Laws, c. 355, § 1.;