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2006 Georgia Code - 2-11-23
2-11-23. (a) No person shall sell, offer for sale, expose
for sale, or transport for sale any agricultural, vegetable,
flower, tree, or shrub seed within this state: (1) Unless the test to determine the percentage
of germination required in Code Section 2-11-22 shall have been
completed within a nine-month period, exclusive of the calendar
month in which the test was completed, immediately prior to sale,
exposure for sale, offering for sale, or transportation. This
prohibition does not apply to agricultural or vegetable seed in
hermetically sealed containers. Agricultural or vegetable seeds
packaged in hermetically sealed containers under the conditions
defined in rules and regulations promulgated under the provisions
of this article may be sold, exposed for sale, or offered for sale
or transportation for a period of 24 months after the last day of
the month that the seeds were tested for germination prior to
packaging. If seeds in hermetically sealed containers are sold,
exposed for sale, or offered for sale or transportation more than
24 months after the last day of the month in which they were tested
prior to packaging, they must have been retested within a
nine-month period, exclusive of the calendar month in which the
retest was completed, immediately prior to sale, exposure for sale,
or offering for sale or transportation; (2) Not labeled in accordance with this article
or having false, misleading, or illegible labeling;
(3) Pertaining to which there has
been a false or misleading advertisement; (4) Consisting of or containing prohibited
noxious weed seeds; (5)
Consisting of or containing restricted noxious weed seeds per pound
in excess of the number prescribed by rules and regulations
promulgated under this article or in excess of the number declared
on the label attached to the container of the seed or associated
with the seed; (6)
Represented to be 'certified seed,' 'registered seed,' or
'foundation seed,' unless it has been produced and labeled in
accordance with the procedures and in compliance with rules and
regulations of a legally authorized seed certification agency;
or (7) Labeled with a variety
name but not certified by an official seed certifying agency when
it is a variety for which a United States certificate of plant
variety protection under the Plant Variety Protection Act (7 U.S.C.
Section 2321, et seq.) specifies sale only as a class of certified
seed, provided that seed from a certified seed lot may be labeled
as to variety name when used in a mixture by, or with the approval
of, the owner of the variety. (b) It shall be 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 made and promulgated hereunder or to
alter or substitute seed in a manner that may defeat the purpose of
this article; (2) To
disseminate any false or misleading advertisements concerning seeds
in any manner that may defeat the purpose of this article;
(3) To hinder or obstruct, in any
way, any authorized person in the performance of his or her duties
under this article; (4) To
fail to comply with a 'stop sale' order or to move from the
premises or dispose of any lot of seed or the tags attached thereto
held under a 'stop sale' order, except with express permission of
the enforcing officer and for the purpose specified thereby;
(5) To use the word 'trace' as a
substitute for any statement which is required; (6) To use the words 'or better,' 'more than,'
'less than,' or similar words in connection with any information
required on purity analyses; (7) To use the word 'type' in any labeling in
connection with the name of any agricultural seed variety;
or (8) To alter or falsify
any seed label, seed test, laboratory report, record, or other
document pertaining to seed dealings for the purpose of defrauding
or misleading the purchaser or to create a misleading impression as
to kind or variety, history, quality, or origin of seed.
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