(1) A person may not sell, offer for sale, expose for sale or transport for use in planting in the State of Oregon any agricultural, flower or vegetable seed:

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(a) That except as provided in ORS § 633.550, has not been labeled as required by ORS § 633.520, 633.531 and 633.541;

(b) That bears a label that is false or misleading;

(c) That contains any prohibited noxious weed seeds;

(d) That contains restricted noxious weed seeds in excess of the permissible numbers per pound established under ORS § 633.561 or 633.571 (2);

(e) That has not been tested within the 18 months next preceding such sale, offering for sale, exposure for sale or transportation, not including the calendar month in which the test was completed, to determine the percentage of germination for the labeling requirements of ORS § 633.520, 633.531 and 633.541. The Director of Agriculture may, pursuant to the authority of ORS § 633.680, establish by order a shorter period for kinds of seed that the director finds under ordinary conditions of handling will not maintain a germination within the established limits of tolerance during an 18-month period, or longer period for kinds of such seed that are packaged in such container materials and under such conditions as the director may determine will, during such longer period, maintain the viability of the seed under ordinary conditions of handling. Any person in possession of seeds shall keep on file available for State Department of Agriculture inspection the original or duplicate copy of the latest test made of such seeds that shows, in addition to the information required by the provisions of this section, the date and the name of the person making such test; or

(f) That, if it is a variety for which a certificate of plant variety protection under the federal Plant Variety Protection Act specifies sale only as a class of certified seed, is sold or exposed for sale by variety name but has not been so certified by any official seed certifying agency. However, seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the written approval of, the owner of the variety.

(2) A person may not substitute uncertified for certified seed.

(3) A person may not use tags or seals indicating certification other than as prescribed by a certification agency, as authorized by ORS § 633.620 or 633.511 (2).

(4) Unless the tuber, horticultural plant or agricultural, cereal grain, flower or vegetable seed has been produced, tested, examined and labeled in accordance with ORS § 633.511 to 633.750 and the rules and regulations of this state or the official certification agency of another state, territory or country, a person may not:

(a) Sell, offer for sale, expose for sale, advertise or transport any such tuber, plant or seed representing it to be certified; or

(b) Use in connection with such tuber, plant or seed any tags or seals similar to those used in official certification, as established pursuant to ORS § 633.620 or 633.511 (2).

(5) A person may not alter or falsify any seed labels, seed tests, records or other documents pertaining to seed dealings. [1955 c.379 § 12; 1957 c.407 § 1; 1969 c.132 § 5; 1981 c.196 § 4; 1983 c.740 § 236; 1995 c.371 § 6; 2003 c.14 § 384; 2007 c.281 § 10]