Seed

 

§2-8-21.  Definitions.

 

As used in this subarticle:

 

1.        "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means relating to seed;

 

2.        "Agricultural seeds" means the seeds of grass, forage, cereal and fiber crops, and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixtures of seeds;

 

3.        "Certified seed", “registered seed", and “foundation seed” means seed that has been produced and labeled in accordance with the procedures and rules of an officially recognized seed-certifying agency or association;

 

4.        "Coated seed" means a seed unit covered with any substance which changes the size, shape, or weight of the original seed.  Seeds coated with ingredients including, but not limited to, rhizobia, dyes, and pesticides are excluded;

 

5.        "Germination" means the percent of seeds capable of producing normal seedlings under ordinarily favorable conditions;

 

6.        "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, wheat, lespedeza, alfalfa, and fescue;

 

7.        "Labeling" means all written, printed, or graphic representations accompanying and pertaining to any seed in bulk or in containers and includes, but is not limited to representations on invoices;

 

8.        "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling;

 

9.        "Noxious weed seeds" shall be divided into two classes, "prohibited noxious weed seeds" and "restricted noxious weed seeds" as defined in subparagraphs (a) and (b) of this paragraph.  The State Board of Agriculture may promulgate rules that add to or subtract from the list of seeds included under either definition:

 

 

(a)               prohibited noxious weed seeds are the seeds of weeds which reproduce by seeds and spread by underground roots, stems, or other reproductive parts.  When established, noxious weed seeds are highly destructive and difficult to control in this state by ordinary good cultural practice, and are prohibited by this subarticle subject to recognized tolerances, and

 

(b)               restricted noxious weed seeds are the seeds of weeds which are very objectionable in fields, lawns, and gardens of this state, but can be controlled by good cultural practice;

 

10.    “Pure seed” means agricultural and vegetable seeds, exclusive of inert matter, and all other seeds not of the kinds, or kinds and varieties, being considered;

 

11.    "Record" means all information relating to lot, identification, source, origin, variety, amount, processing, testing, labeling, distribution, and a file sample of the seed;

 

12.    "Seizure" means a legal process carried out by court order or Board order against a specific quantity of seed;

 

13.    "Stop sale" means an administrative order provided by law restraining the sale, use, disposition, and movement of a specific quantity of seed;

 

14.    "Treated seed" means seed that has been treated with an approved substance or subjected to a process designed to control or repel plant disease organisms, insects, or other pests attacking the seed or plants or will improve the planting value of the seed;

 

15.    "Variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics by which it can be differentiated from other plants of the same kind;

 

16.    “Vegetable seeds" means seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state; and

 

17.    "Weed seeds" means the seeds of all plants generally recognized as undesirable within this state and includes noxious weed seeds.

 

§2-8-22.  Containers to bear label or tag ‑ Information shown.

 

A.     Each bag, container, package, or bulk of agricultural seed transported, sold, offered for sale, or exposed for sale by any person within the State of Oklahoma for planting purposes, shall have, bear, or have attached in a conspicuous place, a plainly written or printed label or tag giving the following information, which shall not be modified or disclaimed in the labeling on the bag or container.

 

B.     For treated seed, separate labeling shall show:

 

1.      A word or statement that the seed has been treated;

 

2.       The name or "coined name" of the treatment;

 

3.       If harmful, the label must show the statement "Not to be Used for Feed or Food", and if poisonous materials are used, the label must show a caution statement stating words "Poison Treated".

 

C.     For agricultural seeds separate labeling shall show:

 

1.      Commonly accepted name as to kind, or kind and variety, of each agricultural seed component in excess of five percent (5%) of the whole.  If more than one component is present in excess of five percent (5%) of the whole, the word "mixture" or "mixed" shall be shown conspicuously on the tag or label;

 

2.       Net weight;

 

3.       Lot number or other lot identification;

 

4.      Origin, including state or foreign country where grown.  If the origin is unknown, that fact shall be stated;

 

5.       Percentage pure seed;

 

6.       Percentage by weight of inert matter;

 

7.      Percentage by weight of agricultural seed, other than the one required to be named on the label (designated as "other crop seed");

 

8.      Percentage by weight of all weed seeds;

 

9.      The name and rate of occurrence of each kind of restricted noxious weed seed per pound when present in any amount;

 

10.    For each named agricultural seed:

 

a.        percentage of germination, exclusive of hard seed,

 

b.        percentage of hard seed, if present, and

 

c.                the calendar month and year the test was completed to determine percentages;

 

11. Following (A) and (B), above, the "total germination and hard seed"

       may be stated if desired; and

 

12.   Name and address of the person or vendor who labeled the seed

       or who sells, offers, or exposes the seed for sale within the state.

 

D.     For vegetable seeds labeling shall show:

 

1.      Net weight;

 

2.      Name of kind and variety of seed; and

 

3.      For seeds which germinate less than the standard last established by the State Board of Agriculture:

 

a.             percentage of germination, exclusive of hard seed,

 

b.             percentage of hard seed, if present,

 

c.             the calendar month and year the test was completed to determine the percentages,

 

d.             the words "below standard" in not less than eight‑point type, and

 

e.             name and address of the person who labels the seed, or who sells, offers, or exposes the seed for sale within this state.

 

E.     For coated seed.  In addition to the required labeling for agricultural and vegetable seeds, when the seeds have been coated, labeling shall show:

 

1.      A word statement that seeds have been coated; and

 

2.      Percentage by weight of inert coating material.

 

§2-8-23.  Unlawful acts.

 

A.      It shall be unlawful for any person to sell, offer for sale, or expose for sale any agricultural seed or vegetable seed within this state:

 

1.           Unless a license has been obtained in accordance with the provisions of Sections 8‑21 through 8‑29 of this title;

 

2.           Unless the date of test to determine the percentage of germination is not more than nine (9) months prior to the sale, except the date of test for hermetically sealed containers may be thirty‑six (36) months prior to sale;

 

3.           Not labeled in accordance with the provisions of this subarticle and rules, or having a false or misleading label;

 

4.           When there has been a false or misleading advertisement; or

 

5.           Treated with any substance designed to control or repel plant disease organisms or insects or other pests unless each container bears a label giving information in the form prescribed by rules of the State Board of Agriculture, to show the name of the substance and if the substance may be harmful to humans or animals, a warning or caution statement adequate to protect the public.

 

B.      It shall be unlawful for any person within this state:

 

1.         To sell agricultural or vegetable seed that does not meet the minimum standards of germination and purity, and the maximum for inert matter and weed seed, prescribed in rules promulgated under the provisions of this subarticle;

 

2.         To sell agricultural or vegetable seed containing prohibited noxious weed seeds or restricted noxious weed seeds, subject to recognized tolerances, in excess of the amount allowed as prescribed in rules promulgated under the provisions of this subarticle;

 

3.         To detach, alter, deface, or destroy any label required or provided for in this subarticle or the rules;

 

4.         To alter or substitute seed in a manner that may defeat the purposes of this subarticle;

 

5.         To disseminate any false or misleading advertisement concerning agricultural seed or vegetable seed in any manner or by any means;

 

6.         To fail to comply with a "stop‑sale" order made by the Board on agricultural seed or vegetable seed sold, offered for sale, or exposed for sale; or to move, handle, or dispose of any lot of seed held under a "stop‑sale" order except with the permission of the Board and for the purposes specified;

 

7.         To fail to keep complete records of each lot of seed or make available for inspection the records of origin, testing, variety, distribution, seed samples, invoices, and other pertinent records or information, to the Board; or

 

8.         To sell, offer, or expose for sale any seed labeled "certified seed", "registered seed", or "foundation seed", unless it has been produced and labeled in compliance with the rules of an officially recognized seed‑certifying agency or association.

 

§2-8-24.  Records ‑ File samples ‑ Inspection.

 

Each person whose name appears on the label and handles agricultural and vegetable seed subject to this subarticle shall keep, for a period of at least two (2) years, complete records of each lot of agricultural or vegetable seed handled, and shall keep for at least one (1) year a file sample of each lot of seed after final disposition.  All records pertaining to the lot or lots involved shall be accessible for inspection by the State Board of Agriculture during customary business hours.

 

§2-8-25.  Penalties inapplicable - Exceptions - Provisions of Sections 8-22 and 8-23 inapplicable under certain conditions.

 

A.      No person shall be subject to the penalties of this subarticle for having sold, offered, or exposed for sale in this state any agricultural seed or vegetable seed which is incorrectly labeled or represented as to kind, kind and variety, or origin which cannot be identified by examination, unless the person failed to obtain an invoice or grower's declaration giving kind, or kind and variety, and origin, and to take precautions necessary or required to insure the identity and variety of the seed.

 

B.      The provisions of Sections 8-22 and 8-23 of this title shall not apply:

 

1.      To seed sold by a farmer or grower to a seed dealer or processor, or in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to the provisions of this subarticle.

 

2.      To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not engaged in producing, processing, or marketing agricultural or vegetable seed.

 

§2-8-26.  Powers of Board and agents.

 

The State Board of Agriculture shall have authority:

 

1.      To sample, test, make analysis of, and inspect any agricultural seed or vegetable seed transported, sold, offered or exposed for sale within this state for planting purposes, at any time and place and to any extent necessary to determine whether the agricultural seed or vegetable seed are in compliance with the provisions of this subarticle and rules promulgated thereto;

 

2.      To issue and enforce a written or printed "stop‑sale" order to the person or vendor of any agricultural seed or vegetable seed which is in violation of any of the provisions of this subarticle or rules promulgated thereto; provided, that no "stop‑sale" order shall be issued or attached to any seed without first giving the vendor an opportunity to comply with the provisions of this subarticle or to withdraw the seed from sale;

 

3.      To furnish adequate facilities for seed testing and to employ qualified persons for making the tests;

 

4.      To publish or cause to be published the results of the examination, analysis, and test of any agricultural or vegetable seed sampled in accordance with the provisions of this subarticle, together with any other information that the Board may deem advisable;

 

5.      To cooperate with the United States Department of Agriculture in the enforcement of the Federal Seed Act where mutual understanding is reached by written cooperative agreement.;

 

6.      To issue a license to any person upon payment of Five Dollars ($5.00) for each retail seed dealer’s license and Twenty‑five Dollars ($25.00) for each wholesale seed dealer’s license or Thirty Dollars ($30.00) for each retail-wholesale seed dealer’s license to be applied for by each seed dealer upon forms furnished for that purpose.  Out‑of‑state wholesale and retail seed dealers who sell or ship agricultural or vegetable seed into this state shall obtain a license in the same manner.  A separate license shall be required for each place of business.  Each license shall expire on a date to be determined by the Board.  Any license issued under the provisions of this subarticle may be revoked by the Board upon satisfactory proof that the licensee has violated any of the provisions of this subarticle or any of the rules;

 

7.      To provide that any person in this state shall have the privilege of submitting seed samples for test, subject to the charges made for samples submitted as prescribed in rules promulgated by the Board;

 

8.      To provide that any agricultural or vegetable seeds sold, distributed, offered for sale, or exposed for sale in this state, the person or vendor responsible for labeling and distributing the seed shall pay an inspection fee of not to exceed eight cents ($0.08) per hundred‑pound weight.  Every person responsible for labeling and distributing seed to a retail seed licensee in Oklahoma, or each retail seed licensee who processes and sells seed to the consumer on which the inspection fee has not been paid, shall file not later than the last day of January and July a semiannual affidavit, setting forth the number of pounds of seed sold for the preceding six (6) calendar months; and upon filing this statement shall pay the inspection fee required.  Each person labeling and distributing seed shall keep records required by the Board to indicate accurately the number of pounds of seed sold;

 

9.      To examine records and to verify the statement of the number of pounds of seed sold and the inspection fee reported.  The form of the statement for reporting and paying the seed inspection fees on a semiannual basis shall be prescribed in rules of the Board.  Failure to make an accurate statement of the number of pounds of seed sold and payment of the inspection fee shall be a misdemeanor, and constitute sufficient cause for the revocation of the person's Oklahoma Seed License and to take any other appropriate action provided under the law.  An inspection fee penalty of ten percent (10%) of the amount due or Ten Dollars ($10.00), whichever is greater, shall be assessed if the semiannual statement is not submitted when due; and

 

10.  To collect all fees and other money as provided in this subarticle and 

               deposit the monies in the State Department of Agriculture Revolving

                Fund.

 

§2-8-27.  Seeds subject to seizure ‑ Condemnation ‑ Reprocessing or relabeling ‑ Injunctions.

 

Any agricultural seed or vegetable seed sold, offered for sale, or exposed for sale in violation of any of the provisions of this subarticle or rules promulgated thereto shall be subject to seizure on petition of the State Board of Agriculture to a court in the locality in which the seed is located.  If the court finds the seed to be in violation of this subarticle and orders the condemnation of the seed, the seed shall be destroyed, reprocessed, relabeled, or disposed of in compliance with the laws of this state and as directed by the court.

 

§2-8-29.  Violations and penalties ‑ Prosecutions ‑ Warnings.

 

A.     Nothing in Sections 8‑21 through 8‑28 of this title shall be construed as requiring the State Board of Agriculture or any authorized agent to report, for prosecution, or for the institution of seizure proceedings, minor violations of Sections 8‑21 through 8‑28 of this title when the Board determines that the public interest will best be served by a suitable notice of violation or written warning.

 

B.     If the State Board of Agriculture finds any deficient inspection fees due, as a result of an audit of the records of any person subject to the provisions of Sections 8‑21 through 8‑28 of this title, the Board shall assess a penalty fee of ten percent (10%) maximum not to exceed Two Thousand Dollars ($2,000.00) of amount due, or One Hundred Dollars ($100.00), whichever is greater. The audit penalty shall be added to the deficient inspection fees due and payment made within thirty (30) days.