A person may not sell, offer, or expose for sale within the State any agricultural or vegetable seed for planting purposes if any one or more of the following conditions exist:

(1) The seed has not been labeled in accordance with sections 150-24 and 150-25;

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 150-23

  • Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter. See Hawaii Revised Statutes 150-21
  • Department: means the Hawaii department of agriculture. See Hawaii Revised Statutes 150-21
  • Kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, barley, lettuce, and alfalfa. See Hawaii Revised Statutes 150-21
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Person: includes any individual, partnership, corporation, company, society, or association. See Hawaii Revised Statutes 150-21
  • State: means the State of Hawaii. See Hawaii Revised Statutes 150-21
  • Variety: means a subdivision of a kind characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other plants of the same kind. See Hawaii Revised Statutes 150-21
  • Vegetable seed: includes the seed of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seed in the State. See Hawaii Revised Statutes 150-21
  • Weed seed: includes noxious weed seed and the seed of all plants generally recognized as weeds within the State. See Hawaii Revised Statutes 150-21
(2) A false or misleading advertisement has been made with respect to the seed;
(3) The amount of noxious weed seed and other weed seed is in excess of tolerances established by rules of the department;
(4) A testing of the seed, to determine the percentages of germination, has not been completed within nine months, exclusive of the calendar month in which the test was completed, before the date of sale or offer or exposure for sale. The department, by rule, may extend the nine-month limitation for seed that has been packaged or processed under conditions that would greatly extend the viability of the seed;
(5) Descriptive words or phrases on labels are not clearly distinguishable from the kind and variety names; or
(6) The seed has a false or misleading label.