South Carolina Code 46-21-217. Compliance required
(1) if subject to the germination requirement of § 46-21-215, unless otherwise stipulated in the section, the test to determine the percentage of germination required by § 46-21-215 must have been completed within a nine month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation. This prohibition does not apply to agricultural or vegetable seeds in hermetically sealed containers. Agricultural or vegetable seeds packaged in hermetically sealed containers under the conditions defined in regulations promulgated pursuant to the provisions of this chapter may be sold, exposed for sale or offered for sale or transportation for a period of thirty-six months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in hermetically sealed containers are sold, exposed for sale, or offered for sale or transportation more than thirty-six months after the last day of the month in which they were tested prior to packaging, they must have been retested within a nine-month period, exclusive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation;
Terms Used In South Carolina Code 46-21-217
- Advertisement: means all representations, other than those on the label, relating to seed within the scope of this chapter. See South Carolina Code 46-21-15
- Agricultural seed: means grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this State as agriculture seeds, lawn seeds, and combinations of these seeds and may include noxious weed seeds when the Commissioner determines that the seed is being used as agricultural seed. See South Carolina Code 46-21-15
- Certifying agency: means :
(a) an agency authorized under the laws of a state, territory or possession to officially certify seed and which has standards and procedures approved by the U. See South Carolina Code 46-21-15 - Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seeds in this State. See South Carolina Code 46-21-15
- Germination: means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, or indicative of the ability to produce a normal plant under favorable conditions. See South Carolina Code 46-21-15
- Kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See South Carolina Code 46-21-15
- Labeling: means a tag or other device attached to or written, stamped, or printed on a container or accompanying a lot of bulk seed purporting to set forth the information required on the seed label by this act, and it may include other information relating to the labeled seed. See South Carolina Code 46-21-15
- Lot: means a definite quantity of seed identified by a unique lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See South Carolina Code 46-21-15
- mixture: means seed consisting of more than one kind, each in excess of five percent by weight of the whole. See South Carolina Code 46-21-15
- Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See South Carolina Code 46-21-15
- Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See South Carolina Code 46-21-15
- Prohibited noxious weed seeds: means those seeds that are prohibited from being present in agricultural, vegetable, or flower seed and are the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See South Carolina Code 46-21-15
- Restricted noxious weed seeds: means those weed seeds that are objectionable in agricultural crops, lawns, and gardens of this State and may be controlled by good cultural practices or the use of herbicides. See South Carolina Code 46-21-15
- Variety: means a subdivision of a kind which is distinct, uniform, and stable. See South Carolina Code 46-21-15
- Vegetable seeds: means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this State. See South Carolina Code 46-21-15
(2) not labeled in accordance with the provisions of this chapter or having false or misleading labeling;
(3) pertaining to which there has been false or misleading advertisement;
(4) consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;
(5) consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by regulations promulgated pursuant to this chapter;
(6) containing more than two percent by weight of all weed seeds;
(7) if any labeling, advertising, or other representation subject to this chapter represents the seed to be certified seed or any class thereof unless:
(a) it has been determined by a seed certifying agency that the seed conformed to standards of purity and identified as to kind, species and subspecies, if appropriate, or variety in compliance with the regulations of the agency pertaining to the seed; and
(b) that the seed bears an official label issued for the seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind, species and subspecies, if appropriate, or variety; and
(8) labeled with a variety name but not certified by an official seed certifying agency when it is a variety of which a U.S. certificate of plant variety protection under the Plant Variety Protection Act (7 U.S.C. § 2321 et seq.) specifies sale only as a class of certified seed; provided, that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety.
(B) It is unlawful for a person in this State to:
(1) detach, alter, deface, or destroy any label provided for in this chapter or the regulations promulgated thereunder, or to alter or substitute seed in a manner that may defeat the purpose of this chapter;
(2) use relabeling stickers without having both the calendar month and year the germination test was completed, the sell by date, as stated in § 46-21-215, and the lot number that matches the existing, original lot number. A relabeling may not occur more than one time;
(3) disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner or by any means;
(4) hinder or obstruct in any way, an authorized person in the performance of his duties pursuant to this chapter;
(5) 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 attached tags, except with express permission of the enforcing officer, and for the specified purpose;
(6) use the word "trace" or the phrase "contains less than .01%" as a substitute for a required statement;
(7) use the word "type" in any labeling in connection with the name of any agricultural seed variety; or
(8) alter or falsify a seed label, seed test, laboratory report, record, or other document to create a misleading impression as to kind, kind of variety, history, quality, or origin of seed.