NY Agric & Mkts L § 138 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 9 - Inspection and Sale of Seeds 138 - Prohibitions.

§ 138. Prohibitions.  A.  It shall be unlawful for any person to sell, offer for sale, expose for sale, or to transport for  planting  purposes any seed within this state:   1.  Unless  the  test  to  determine  the percentage of germination as required by section one hundred thirty-seven of this article, shall have been made for the calendar year in which the seed is sold,  offered,  or exposed for sale.   2.  Not  labeled  in accordance with the provisions of this article or having false or misleading labeling.   3. Pertaining to which there has been false or misleading advertising.   4. Containing more than one per cent  by  weight  of  all  weed  seeds except as hereafter specified by the commissioner.   5.  So  weak  or  so  low  in  germination  as to be unfit for seeding purposes.   6. Represented to be "certified seed", "registered seed",  "foundation seed", "phyto-inspected seed", or designated by any other term conveying similar  meaning,  unless  such  seed  has  been  produced or collected, processed  and  labeled  in  accordance  with  the  procedures  and   in compliance  with  the  rules and regulations of an officially recognized certification agency or agencies and bears an official tag or  label  of such an agency.   7.  Represented  to  be  hybrid  seed unless such seed conforms to the definition of hybrid presented in section one hundred thirty-six of this article; provided that this prohibition shall not apply to variety names in common trade usage at the time this law becomes effective.   8. If lawn seeds, containing more than twenty per  cent  inert  matter which is neither a micro-organism, a nutrient, a pest control substance, a  material  to modify the size, shape and weight of the seed, nor other beneficial inert matter applied as a coating to such seeds for  purposes of  improving  seed  placement,  or  the  yield  or  vigor  of resulting seedlings.   B. It is 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 promulgated thereunder, or to alter or substitute seed, in a manner that may  defeat  the  purpose  of this article.  (2) To disseminate any false or misleading advertising concerning seed in any manner or by any means.  (3)  To  hinder  or  obstruct in any way, any authorized person in the performance of his duties under this article.  (4) To fail to comply with a "stop-sale" order.  (5) To use the word "type" in any labeling in connection with the name of any seed.  (6) To move or otherwise handle or dispose of any  lot  of  seed  held under  a  "stop-sale"  order  or  tags attached thereto, except with the written permission  of  the  enforcing  officer,  and  for  the  purpose specified therein.  (7)  To  sell,  offer or expose for sale any color mixture of a single kind of flower seed representing four or more colors or shades, in which any one color or shade occurs in sixty per cent or more  of  the  plants which  the  mixture is capable of producing, unless colors or shades and approximate percentage of each are indicated on the label.  (8) To sell, offer, or expose for sale a mixture of flower seed  kinds in  which  any one kind is present in excess, of twenty-five per cent by seed count unless the kinds present and the  approximate  percentage  of each are indicated on the label.  (9)  To use relabeling stickers without having both the calendar month and year the germination test was completed, the sell by  date  and  the  lot  number that matches the existing, original lot number. A relabeling may not occur more than one time.  (10)  To  sell,  offer, or expose for sale agricultural seed more than nine months from the date of the  germination  test,  exclusive  of  the month of the test.