Section R3-4-409. Violations and Penalties

A.      The Department may assess the following penalties against a dealer or labeler for each customer affected by a violation listed below: $50 for the first offense, $150 for the second offense, and $300 for each subsequent offense within a three- year period:

1.        Failure to complete the germination requirements on agri- cultural, vegetable, or flower seed intended for wholesale or commercial use within nine months prior to sale, exposing for sale, or offering for sale within the state, excluding the month in which the test was completed. This penalty does not apply to a violation under subsec- tions (A)(2), or (3);

2.        Failure to complete the germination requirements for agricultural, ornamental, or vegetable seed intended for retail purchase within the 15 months prior to the sale, exposing for sale, or offering for sale within the state, excluding the month in which the test was completed; and

3.        Failure to obtain any license required by this Article;

B.       The Department may assess the following penalties against any person committing the following acts: up to $500 for the first offense, up to $1250 for the second offense, and up to

$2500 for each subsequent offense within a three-year period.

1.        To label, advertise, or represent seed subject to this Arti- cle to be certified seed or any class of certified seed unless:

a.         It has been determined by a certifying agency that the seed conforms to standards of purity and identifi- cation as to kind, species and subspecies, if appro- priate, or variety; and

b.        The seed bears an official label issued for the seed by a certifying agency certifying that the seed is of a specified class and a specified kind, species and sub- species, if appropriate, and variety;

2.        To disseminate in any manner or by any means, any false or misleading advertisements concerning seeds subject to this Article;

3.        To hinder or obstruct in any way, any authorized agent of the Department in the performance of the person’s duties under this Article;

4.        To fail to comply with a cease and desist order or to move or otherwise handle or dispose of any lot of seed held under a cease and desist order or tags attached to the order, except with express permission of the enforcing officer, and for a purpose specified by the officer;

5.        To label or sell seed that has been treated without proper labeling;

6.        To provide false information to any authorized person in the performance of the person’s duties under this Article; or

7.        To label or sell seed that has false or misleading labeling, including:

a.         Labeling or selling seed with a label containing the word “trace” or the phrase “contains 01%” as a sub- stitute for any statement that is required by this Arti- cle;

b.        Altering or falsifying any seed label, seed test, labo- ratory report, record, or other document to create a misleading impression as to kind, variety, history, quality or origin of seed;

c.         Labeling as hermetically sealed containers of agri- cultural or vegetable seeds that have not had com- pleted the germination requirements with 36 months prior to sale, excluding the month in which the test was completed;

d.        Failure to label in accordance with the provisions of this Article;

e.         If applicable, failing to label as containing prohib- ited noxious weed seeds, subject to recognized toler- ances;

f.         If applicable, failing to label as containing restricted noxious weed seeds in excess of the number pre- scribed in R3-4-403 on the label attached to the con- tainer of the seed or associated with seed;

g.        If applicable, failing to label as containing more than two and one-half percent  by weight of all weed seeds;

h.        Detaching, altering, defacing, or destroying any label provided for in this Article, or altering or sub- stituting seed in a manner that may defeat the pur- pose of this Article;

i.         Using relabeling stickers without having both the calendar month and year the germination test was completed, the sell by date if appropriate, and the lot number that matches the existing, original lot num- ber; and

j.         Selling, exposing for sale, or offering for sale within the state vegetable seed intended for retail purchase that has labeling containing germination information that has not been completed within the 12 months prior to selling, exposing for sale, or offering for sale.

Historical Note

New Section made by final rulemaking at 13 A.A.R.

1464, effective June 2, 2007 (Supp. 07-2).