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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) Unless the test to determine the percentage of germination shall have
been completed within a nine (9) month period 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.
(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.
Effective:April 8, 1994
History: Created 1994 Ky. Acts ch. 370, sec. 6, effective April 8, 1994.
Legislative Research Commission Note (4/8/94). Although the section of 1994
Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter
350, it is clear from the subject matter of this statute and the structure of ch. 370
that placement in KRS Chapter 250 was intended, and this has been done in
codification pursuant to KRS 7.136(1)(h).
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