Delaware Code Title 3 Sec. 1504 – Prohibitions
(a) No person can sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this State if any of the following apply to the seeds:
(1) Unless otherwise specified under this chapter, if the seeds are subject to germination test requirements under this chapter, the test to determine the germination may be no more than 9 months from the date of test, exclusive of the month of test.
(2) Not labeled in accordance with this chapter or having false or misleading labeling.
(3) There has been false or misleading advertising.
(4) Contains prohibited noxious weed seeds, in excess of tolerances established under this chapter.
(5) Contains restricted noxious weed seeds per pound in excess of any of the following numbers:
a. Established under this chapter.
b. Declared on the label attached to the container of the seed or associated with the seed.
(6) Containing more than 1½% by weight of all weed seeds.
(7) The label contains names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality, or origin of the seed.
(8) A label or advertisement may not represent that the seed is certified seed or registered seed unless all of the following apply:
a. It has been determined by a seed certifying agency that the seed was produced, processed, and packaged, and conforms to the standards of purity as to kind, species, subspecies if appropriate, or variety, and also that tree seed was found to be of the origin and elevation claimed, in compliance with the rules and regulations of that agency.
b. That the seed bears an official label issued by a seed certifying agency stating that the seed is certified or registered.
Terms Used In Delaware Code Title 3 Sec. 1504
- Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution. See Delaware Code Title 3 Sec. 1501
- Agricultural seed: includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds, and mixes of these seeds, and may include noxious weed seeds when the Department determines that noxious weed seed is being used as agricultural seed. See Delaware Code Title 3 Sec. 1501
- Certifying agency: means either of the following:
- Germination: means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts. See Delaware Code Title 3 Sec. 1501
- Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy. See Delaware Code Title 3 Sec. 1501
- Labeling: means all labels, in any form, including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices. See Delaware Code Title 3 Sec. 1501
- Lot: means a definite quantity of seed identified by a lot number or other mark, in which every portion or bag is uniform within recognized tolerances for the factors in the labeling. See Delaware Code Title 3 Sec. 1501
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Origin: means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown. See Delaware Code Title 3 Sec. 1501
- Person: includes any individual, partnership, corporation, company, society, or association. See Delaware Code Title 3 Sec. 1501
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Tree and shrub seeds: includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State. See Delaware Code Title 3 Sec. 1501
- Variety: means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:
- Weed seeds: includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds. See Delaware Code Title 3 Sec. 1501
(b) It is unlawful for any person within this State to do any of the following:
(1) Detach, alter, deface, or destroy any label required under this chapter or to alter or substitute seed in a manner that may defeat the purposes of this chapter.
(2) Disseminate any false or misleading advertisements concerning seeds subject to this chapter.
(3) Hinder or obstruct in any way, an authorized person’s performance of duties under this chapter.
(4) Fail to comply with a “stop sale” order or to move or otherwise handle or dispose of any lot of seed held under a “stop sale” order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified.
(5) Use the word “trace” as a substitute for any statement which is required.
(6) Use the word “type” in any labeling in connection with the name of any agricultural seed variety.
36 Del. Laws, c. 91, § ?8; Code 1935, § ?662; 44 Del. Laws, c. 66, §§ ?1, 4; 3 Del. C. 1953, § ?1503; 52 Del. Laws, c. 70, § ?1; 57 Del. Laws, c. 147, § ?1; 77 Del. Laws, c. 355, § ?1; 82 Del. Laws, c. 126, § 1; 83 Del. Laws, c. 527, § 3;