Iowa Code 199.8 – Prohibited acts
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1. It is unlawful for a person to sell, transport, offer for sale, expose for sale, or advertise an agricultural or vegetable seed:
a. Unless the test to determine the percentage of germination as required by this chapter has been completed within nine months, excluding the month of the test, immediately prior to selling, transporting, offering, exposing, or advertising for sale. A retest is not required for seed in hermetically sealed containers or packages provided they have not reached the thirty-six month expiration date.
b. Not labeled in accordance with the provisions of this chapter, or having a false or misleading label.
c. For which there has been false or misleading advertising.
d. Consisting of or containing primary noxious weed seed, subject to recognized tolerances.
e. Consisting of or containing secondary noxious weed seed per weight unit in excess of the number prescribed by rules adopted under this chapter, or in excess of the number declared on the label attached to the container of the seed or associated with the seed.
f. Containing more than one and one-half percent by weight of all weed seed.
g. If any labeling, advertising, or other representation subject to this chapter represents the seed to be certified seed or any class thereof, unless:
(1) It has been determined by a seed certifying agency that the seed conforms to standards of varietal purity and identity as to kind in compliance with the rules and regulations of the agency.
(2) The seed bears an official label issued for the seed by a seed certifying agency stating that the seed is of a specified class and a specified kind or variety.
h. Labeled with a variety name but not certified by an official seed certifying agency when it is a variety for which a United States 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. Seed from a certified lot may be labeled as to variety name and used in a blend, by or with the approval of the owner of the variety.
Terms Used In Iowa Code 199.8
- Agricultural seed: means grass, forage, cereal, oil, fiber, and any other kind of crop seed commonly recognized within this state as agricultural seed, lawn seed, vegetable seed, or seed mixtures. See Iowa Code 199.1
- blend: means a combination of seed of more than one kind or variety if present in excess of five percent of the whole. See Iowa Code 199.1
- Certifying agency: means 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 United States secretary of agriculture to assure genetic purity and identity of the seed certified, or an agency of a foreign country determined by the United States secretary of agriculture to adhere to the procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies in the United States. See Iowa Code 199.1
- Kind: means one or more related species or subspecies which singly or collectively are known by one common name. See Iowa Code 199.1
- Labeling: means all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to seed, whether in bulk or in containers, and includes invoices. See Iowa Code 199.1
- month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
- Owner: shall mean the person holding record title to real estate to include both legal and equitable interests under recorded real estate contracts. See Iowa Code 172D.1
- Person: means an individual, partnership, corporation, company, society, or association. See Iowa Code 199.1
- Purity: means the pure seed percentage by weight, exclusive of inert matter and of other agricultural or weed seed which are distinguishable by their appearance from the crop seed in question. See Iowa Code 199.1
- United States: includes all the states. See Iowa Code 4.1
- variety: means a cultivated subdivision of a kind of plant that may be characterized by growth habits, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind. See Iowa Code 199.1
- Vegetable seed: means the crops which are grown in gardens or truck farms and are generally sold under the name of vegetable or herb seed in this state. See Iowa Code 199.1
- Weed seed: means the seed of all plants listed as weeds in this chapter or listed as weeds in the rules of the department or commonly recognized as weeds in this state. See Iowa Code 199.1
2. It is unlawful for a person to:
a. Detach, alter, deface, or destroy a label provided for in this chapter or the rules adopted under this chapter, or to alter or substitute seed in a manner that may defeat the purpose of this chapter.
b. Disseminate false or misleading advertisements concerning seed subject to this chapter.
c. Hinder or obstruct in any way an authorized person in the performance of duties under this chapter.
d. 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 tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified thereby.
e. Use the word “trace” as a substitute for any statement which is required.
f. Use the word “type” in labeling in connection with the name of an agricultural seed variety.
3. It is unlawful for a person to sell, transport, offer for sale, expose for sale, or advertise screenings of any agricultural seed subject to this chapter, unless it is stated on the label if in containers or on the invoice if in bulk, that they are not intended for seeding purposes. For the purpose of this subsection, “screenings” includes chaff, empty florets, immature seed, weed seed, inert matter, and other materials removed by cleaning from any agricultural seed subject to this chapter.