                                 CODE OF VIRGINIA

PROHIBITIONS (§ 3.2-4015)

It is unlawful to:

1. Transport, offer for transportation, sell, or offer for sale seed or seed
mixtures:
			a. Unless the germination test to determine the percentage of germination
required by &#xA7; 3.2-4008 is completed within nine months prior to the month
of transportation, sale, or offer for sale, except for the germination test for
cool-season lawn and turf seeds or mixtures thereof, which must be completed
within 15 months prior to the month of transportation, sale, or offer for sale;
			b. Not labeled in compliance with this article, not registered or falsely
stated to be registered under &#xA7; 3.2-4009, or having a false or misleading
labeling or claim;
			c. If there has been a false or misleading advertisement with regards to the
seed;
			d. Consisting of, or containing prohibited noxious-weed seeds in any amount;
			e. Containing restricted noxious-weed seeds, except as prescribed by
regulations;
			f. Containing weed seeds in excess of one percent by weight, except as
prescribed by regulations;
			g. That have been treated and not labeled as required;
			h. 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;
			i. 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 regulations of an officially recognized certifying agency;
			j. 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
adopted by the Board as having agronomic value and flower seed generally defined
as hybrids prior to the enactment of subsections G and H of &#xA7; 3.2-4008 on
July 1, 1966 as determined by regulations adopted by the Board;
			k. Hybrid seed from a crop that 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;
			l. Unless it conforms to the definition of a &#8220;lot&#8221;; and
			m. 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;

2. Transport, offer for transportation, sell, or offer for sale screenings
unless labeled as provided in subsection F of &#xA7; 3.2-4008.

3. Detach, alter, deface, or destroy any label required pursuant to this article
or alter or substitute seed in any manner that may defeat the purpose of this
article.

4. Disseminate false or misleading advertisement concerning agricultural,
vegetable, flower, tree and shrub, lawn and turf seeds, or screenings.

5. Hinder or obstruct the Commissioner in the performance of his duties.

6. Fail to comply with or supply inaccurate information in reply to a stop sale
order; remove labels attached to or dispose of seed or screenings held under
such order except as specified by the Commissioner.

7. Use the name of the Department or the results of tests and inspections made
by the Department for advertising purposes.

8. Use the words &#8220;type&#8221; or &#8220;trace&#8221; in lieu of
information required by this article.

9. Label and offer for sale seed without keeping complete records as specified
in &#xA7; 3.2-4006.

10. Fail to obtain a license in accordance with &#xA7; 3.2-4005.

11. Fail to register a lawn and turf seed mixture in accordance with &#xA7;
3.2-4009.

12. Fail to pay inspection fees in accordance with &#xA7; 3.2-4010.

13. Sell, offer for sale, or advertise as noncertified a variety if a
certificate of plant variety protection has been issued under the Plant Variety
Protection Act specifying sale only as a class of certified seed. 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.

HISTORY: Code 1950, § 3-219.4; 1958, c. 483; 1966, cc. 9, 702, § 3.1-265;
1994, c. 577; 2008, c. 860; 2012, c. 297.