It is unlawful for any person to:

(1) Transport, offer for transportation, sell, distribute, offer or expose for sale within this state agricultural seed or vegetable seeds for seeding purposes:

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Terms Used In Tennessee Code 43-10-109

  • 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 part. See Tennessee Code 43-10-103
  • Agricultural seeds: 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 mixture of such seeds, and may include noxious-weed seeds when the commissioner determines that such seed is being used as agricultural seed. See Tennessee Code 43-10-103
  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Certifying agency: means an agency authorized to officially certify seed under the laws of a state, territory, possession, or foreign country and that has certification standards for genetic purity and identity that meet those standards established by the Association of Official Seed Certifying Agencies and referenced in its official handbook. See Tennessee Code 43-10-103
  • Class of certified seed: means one (1) of four (4) classes of certified seeds:
    (A) Breeder. See Tennessee Code 43-10-103
  • Commissioner: means the commissioner of agriculture or the commissioner's designated agent or agents. See Tennessee Code 43-10-103
  • Germination: means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions. See Tennessee Code 43-10-103
  • Hybrid: means the first-generation seed of a cross produced by controlling the pollination or by use of sterile lines and combining:
    (A) Two (2) or more inbred lines. See Tennessee Code 43-10-103
  • Kind: means one (1) or more related species or subspecies that singly or collectively are known by one (1) common name. See Tennessee Code 43-10-103
  • Labeling: includes all labels and other written, printed or graphic representations in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations of invoices. See Tennessee Code 43-10-103
  • Lot: means a definite quantity of seed identified by a lot number or other identification, which shall be uniform within recognized tolerances for the factors that appear in the labeling. See Tennessee Code 43-10-103
  • Mixture: means seeds consisting of more than one (1) kind or kind and variety, each present in excess of five percent (5%) of the whole. See Tennessee Code 43-10-103
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See Tennessee Code 43-10-103
  • Person: includes any individual, partnership, corporation, company, society, association, or legal entity. See Tennessee Code 43-10-103
  • Screenings: includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning. See Tennessee Code 43-10-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Treated: means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests that attack seeds or seedlings growing therefrom, or to improve the planting value of the seed. See Tennessee Code 43-10-103
  • Variety: means a subdivision of a kind that is:
    (A) Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics. See Tennessee Code 43-10-103
  • Vegetable seeds: includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state. See Tennessee Code 43-10-103
  • Weed seeds: means the seeds, bulblets, or tubers of all plants generally recognized as weeds within this state and includes noxious-weed seeds. See Tennessee Code 43-10-103
(A) Unless a seed license has been obtained in accordance with this part;
(B) Unless the test to determine the percentage of germination required by §§ 43-10-106 – 43-10-108 has 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;
(C) Not labeled in accordance with this part 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 (tolerance not permitted);
(F) Containing restricted noxious-weed seeds, except as prescribed by rules and regulations promulgated under this part;
(G) Containing weed seeds in excess of two percent (2%) by weight unless otherwise provided in rules and regulations promulgated under this part;
(H) That have been treated and not labeled as required;
(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) Represented to be certified, registered, or foundation seed, unless it has been produced, processed and labeled in accordance with the procedures and in compliance with rules and regulations of an official seed certifying agency;
(K) Represented to be hybrid, unless such seed conforms to the definition of a “hybrid” as defined in this part;
(L) Unless it conforms to the definition of a “lot”; or
(M) By variety name seed not certified by an official seed certifying agency when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act 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;
(2) Advertise by variety name or make any representations to a particular variety, when the variety is protected by the Plant Variety Protection Act for sale only as a class of certified seed, if it has not been certified by an official seed certification agency, except as provided in subdivision (1)(M);
(3) Transport, offer for transportation, sell, distribute, offer or expose for sale seeds, whole grain, and screenings not for seeding purposes unless labeled “not for seeding purposes”;
(4) Detach, alter, deface, or destroy any label provided for in this part or the rules and regulations promulgated under this part, or to alter or substitute seed in any manner that defeats the purpose of this part;
(5) Disseminate false or misleading advertisement in any manner concerning agricultural seeds, vegetable seeds or screenings;
(6) Hinder or obstruct in any manner an authorized agent of the commissioner in the performance of such agent’s lawful duties;
(7) Fail to comply with or to supply inaccurate information in reply to a stop-sale order, or remove tags attached to, or move or dispose of, seed or screenings held under stop-sale order, except as specified by the enforcement officer;
(8) Use the name of the department of agriculture or the results of tests and inspections made by the department for advertising purposes;
(9) Sell, offer or expose for sale, or give away the seeds or plants of Johnson grass or seed indistinguishable from Johnson grass seed, such as Sorghum alum;
(10) Use the words “type” or “trace” in lieu of information required by § 43-10-105 through this section;
(11) Label and offer for sale seed under the scope of this part without keeping complete records as specified in § 43-10-111; or
(12) Sell, distribute, offer or expose for sale tobacco seed for seeding purposes unless the seed has been certified by an official seed certifying agency.
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