Section 11.34.075. Prohibited acts.

	(a)  No person may sell, offer for sale, expose for sale, or transport for use in planting in the state any agricultural or vegetable seed that  
		(1) unless exempt under 11 AAC 34.010(h), has not been labeled as required by 11 AAC 34.010;  
		(2) bears a false or misleading label;  
		(3) contains any prohibited noxious weed seed, except as allowed in (g) of this section;  
		(4) contains any restricted noxious weed seed in excess of the permissible tolerance per pound established under 11 AAC 34.020(b), except as allowed in (g) of this section; or  
		(5) has not been tested within the 18 months preceding the sale, offering, or exposure for sale, or transportation, not including the calendar month in which the test was completed, except for hermetically sealed containers under 11 AAC 34.010(g)(3), and except that  
			(A) the director will, in his discretion, allow a shorter period for kinds of seed which he finds, under ordinary conditions of handling, will not maintain a germination within the established limits of tolerance during the prescribed time period, or a longer period for kinds of seed which are packaged in a container and under conditions the director determines will, during the longer period, maintain the viability of the seed under ordinary conditions of handling;  
			(B) a person in possession of seed shall keep on file, available for department inspection, the original or duplicate copy of the latest test made of the seed which must show, in addition to the information required by this chapter, the date and name of the person making the test.  
	(b)  No person may substitute uncertified seed for certified seed.  
	(c)  No person may use tags or seals indicating certification other than as prescribed by the authorized certification agency unless the tuber, horticultural, vegetable, tree, shrub, flower, or cereal grain seed has been produced, tested, examined, and labeled in accordance with this chapter or the official certification agency of another state, territory, or country. No person may  
		(1) sell, offer for sale, expose for sale, advertise, or transport any tuber, plant, or seed, falsely representing it to be certified; or  
		(2) use in connection with a tuber, plant, or seed any tags or seals similar to those used in official certification as established by this chapter.  
	(d)  No person may hinder or obstruct in any way, any authorized person in the performance of his duties under this chapter.  
	(e)  No person may sell, offer, or expose for sale, plant, transport or process any seed that is under a stop sale order issued under 11 AAC 34.045(a)(3) or that is in violation of this chapter, without express approval of the director.  
	(f)  No person may plant in this state any agricultural, vegetable, tree, shrub, or flower seed containing any prohibited noxious weeds listed in 11 AAC 34.020(a) or any restricted noxious weeds in excess of the maximum allowable tolerances listed in 11 AAC 34.020(b), except as provided in 11 AAC 34.030, without express written approval of the director, or as provided in (g) of this section.  
	(g)  No person may use, sell, offer, expose for sale, give away, or transport for feeding, seeding, or mulching purposes any seed or grain screenings containing any prohibited noxious weed seed listed in 11 AAC 34.020(a) or any restricted noxious weeds in excess of the maximum allowable tolerances listed in 11 AAC 34.020(b), except as provided in 11 AAC 34.030, and except that the director may allow sale or transport of screenings for  
		(1) complete destruction;  
		(2) removal outside of the boundaries of the state;  
		(3) recleaning to the point of being in compliance with 11 AAC 34.020(a) and (b); or  
		(4) processing to make the weed seed nonviable.  
	(h)  No person may sell, offer, or expose for sale for seeding purposes, seed containing more than one and one-half percent by weight of all weed seed.  
	(i)  No person may sell, offer, expose for sale or transportation, or transport a container or package of seed within this state unless the container or package of seed is labeled with a net contents statement, expressed by either weight, volume, or numerical count, except for seed being transported from an owner's field to a warehouse for storage, cleaning, or processing.  
	(j)  No person may sell, offer for sale, or represent potatoes as seed potatoes unless the potatoes have been certified by the official seed certifying agency of the state or country of origin.  

Authorities

03.05.010;03.05.030;44.37.030

Notes

Authority

AS 03.05.010 AS 03.05.030 AS 44.37.030

History

Eff. 10/28/83, Register 88; am 10/28/87, Register 104