Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 3 - AGRICULTURAL SEEDS (§§ 69-3-1 — 69-3-121) › Article 1 - SALES (§§ 69-3-1 — 69-3-29) › Section 69-3-9 - Prohibitions

(1)
It shall be unlawful for any person to sell, offer for sale or expose for sale any agricultural seed, mixtures of agricultural seed, vegetable seed, flower seed, or tree and shrub seed, as defined in this article, for seeding purposes within this state:
(a)
Unless a permit has been obtained in accordance with provisions of this article.
(b)
Unless the test to determine the percentage of germination required by Section
69-3-5
shall have been completed within the period specified in the rules and regulations promulgated pursuant to the provisions of this article.
(c)
Not labeled in accordance with the provisions of this article, or having a false or misleading labeling or claim.
(d)
Pertaining to which there has been a false or misleading advertisement.
(e)
Consisting of, or containing, prohibited noxious weed seeds.
(f)
Containing restricted noxious weed seeds, except as prescribed by regulations promulgated under this article.
(g)
Containing weed seeds, including those of noxious weeds, in excess of limits set forth in the rules and regulations promulgated pursuant to the provisions of this article.
(h)
That have been treated with a poisonous material and not labeled in accordance with provisions of this article and regulations promulgated thereunder.
(i)
To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds.
(j)
Having tags or labels attached to the containers of seed bearing thereon a liability or nonwarranty clause disclaiming responsibility for the information on the label required by Section
69-3-5
.
(k)
Unless it conforms to the definition of a "seed lot" or "lot of seed" as defined in this article.
(2)
It shall be unlawful for any person within this state:
(a)
To detach, alter, deface or destroy any label provided for in this article or the regulations promulgated thereunder, or to alter or substitute seed in any manner that may defeat the purpose or provisions of this article.
(b)
To disseminate false or misleading advertisements in any manner concerning agricultural, vegetable, flower, or tree and shrub seeds.
(c)
To sell, distribute, offer for sale or expose for sale any agricultural, vegetable, flower, or tree and shrub seeds labeled "certified seed," "registered seed" or "foundation seed" unless it has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency as defined in this article.
(d)
To sell seed represented to be a hybrid unless such seed conforms to the definition of a hybrid as defined in this article.
(e)
To hinder or obstruct in any manner the commissioner or an authorized agent of the commissioner in the performance of his duties.
(f)
To fail to comply with a stop sale order or seizure order, or to dispose of any seed suspended from sale or use without proper release.
(g)
To use the name of the department of agriculture, or the results of tests and inspections made by the department, for advertising purposes.
(h)
To label and offer for sale seed under the scope of this article without keeping complete records as specified in Section
69-3-7
.
(i)
To use the words "type" or "trace" in lieu of information required by Section
69-3-5
.
Codes, 1942, § 4397-05; Laws, 1964, ch. 204, § 5; Laws, 1968, ch. 249, § 3, eff. 1/1/1969.