Michigan Laws 286.709 – Seed; circumstances prohibiting selling, offering for sale, advertising, exposing, or transporting for sale; prohibited conduct
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Terms Used In Michigan Laws 286.709
- Advertising: means all representations other than those on the label, disseminated in any manner or by any means, and relating to seed within the scope of this act. See Michigan Laws 286.702
- Brand: means a word, name, symbol, number, or design used to identify seed of 1 person to distinguish it from the seed of another person. See Michigan Laws 286.702
- Director: means director of the department of agriculture and rural development or his or her authorized representative. See Michigan Laws 286.702
- Flower seed: means the seed of those plants usually grown for their blooms, ornamental foliage, or other ornamental parts and commonly are known and sold under the name of flower seed in this state. See Michigan Laws 286.702
- Hybrid: means , as applied to kinds or varieties of seed, the first generation seed of a cross, produced by controlling the pollination and by combining 2 or more inbred lines, or 1 inbred line or a single cross with an open pollinated variety, or 2 selected clones, seed lines, varieties, or species, except open pollinated varieties of corn such as zea mays. See Michigan Laws 286.702
- Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, including, but not limited to, oats, wheat, soybeans, and corn. See Michigan Laws 286.702
- Label: includes all labels, and other written, printed, or graphic representation in any form, accompanying or pertaining to any seed in bulk or in containers and includes representation on invoices, bills, and letterheads. See Michigan Laws 286.702
- Lot: means a definite quantity of seed identified by a number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling. See Michigan Laws 286.702
- Mixture: means seed consisting of more than 1 kind, each in excess of 5% of the whole. See Michigan Laws 286.702
- month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
- Person: means any individual, partnership, company, corporation, society, cooperative, union, or association. See Michigan Laws 286.702
- Records: means all label information and the source of this information required by this act for the seed being considered, and all information relating to the shipment or shipments involved with seed, such as invoices, vouchers, freight bills, and other records. See Michigan Laws 286.702
- Restricted noxious weed seed: means the seeds of the plants that are objectionable in the fields, lawns, and gardens of this state but can be controlled by ordinary good cultural practices, and that are listed in the rules promulgated under this act. See Michigan Laws 286.702
- Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 286.702
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Stop sale: means an administrative order restraining the sale, disposition, and movement of a definite amount of seed. See Michigan Laws 286.702
- Treated: means that the seed has received an effective application of substance or method designed to reduce, control, or repel certain disease organisms, fungi, insects, or other pests attacking the seed or seedlings or has received some other treatment to improve its planting value. See Michigan Laws 286.702
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
- Variety: means a subdivision of a kind that is distinct, uniform, and stable; distinct in the sense that the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that variations in essential and distinctive characteristics are describable, and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties; for example, heritage oats, augusta wheat, corsoy soybeans. See Michigan Laws 286.702
- Vegetable seed: means the seed of those crops that are grown in gardens or on truck farms and that generally are known and sold under the name of vegetable or herb seed in this state. See Michigan Laws 286.702
- Weed seed: means the seeds of all plants generally recognized as weeds within the state, as determined by methods defined by rule promulgated under this act, and includes prohibited and restricted noxious weed seeds. See Michigan Laws 286.702
(1) A person shall not sell, offer for sale, advertise, expose, or transport for sale in this state any of the seed subject to this act if any 1 or more of the following circumstances exist:
(a) The seed is not labeled in accordance with this act, or has a false or misleading label.
(b) The test to determine the percentage of germination required by section 3 was not completed within an 11-month period, or a 15-month period for cool season lawn and turf seed and mixtures, exclusive of the month in which the test was completed immediately prior to sale, exposure, offering, or transporting for sale, except that a longer time shall be permitted for any kind of agricultural or vegetable seed that is packaged in container materials and under conditions prescribed under the rules promulgated under this act that will maintain the viability of the seed under ordinary conditions of handling.
(c) The seed consists of, or contains, prohibited noxious weed seed.
(d) The seed consists of, or contains, restricted noxious weed seed in excess of the limits prescribed by rule promulgated under this act.
(e) The seed has a percentage of germination, including hard seeds, that is below 60%, or, in the case of vegetable seed and flower seed, below the germination standard established in the rules promulgated under this act, unless labeled according to section 5.
(f) The seed has tags or labels on, or attached to, the container of seed including a liability or nonwarranty clause disclaiming responsibility for the information on the label required by this act.
(g) The seed has been the subject of false or misleading advertisement in any manner or by any means.
(h) The seed contains in excess of 1% by weight of all weed seeds.
(i) The seed was not produced and labeled in accordance with the procedures and in compliance with rules as prescribed in section 2 of 1959 PA 221, MCL 286.72.
(j) If seed, under tag or label, has been substituted or altered.
(k) If stop sale orders have been instituted by the director.
(l) The seed is falsely represented to be a hybrid as defined in this act.
(m) A person whose name appears on the label as distributing agricultural, vegetable, or flower seed subject to this act fails to retain, for a period of 2 years, complete records of each lot of agricultural, vegetable, or flower seed distributed, fails to retain, for 1 year, a file sample of each lot of seed that is distributed after final disposition of the lot, and fails to make accessible for inspection by the director during customary business hours, records and samples pertaining to the shipment or shipments involved.
(n) If the name of the department is used in connection with the labeling or advertising or sale of any seed in any manner.
(o) If the word “trace” is used as a substitute for any statement that is required by this act.
(p) If the word “type” is used on any labeling in connection with the name of any agricultural or vegetable seed variety.
(q) There is less than the stated number of seed in the container.
(r) The seed is labeled with a brand or a trademark, or a term taken from a brand or trademark, unless the brand name or trademark is clearly identified with the word “brand” and is other than a part of the variety.
(s) The seed is labeled with a variety name but is 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 USC 2321 to 2582, specifies sale only as a class of certified seed. However, seed from a certified lot may be labeled as to variety name if used in a mixture by, or with the approval of, the owner of the variety.
(t) For field bean seeds, the label does not include a statement indicating that the lot has been field inspected and laboratory tested and meets the disease tolerances established by the director.
(u) For field bean seeds, the lot is found to contain diseases in excess of the tolerances prescribed in section 7a.
(2) A person shall not do any of the following:
(a) Hinder, obstruct, or resist the director in the discharge of his or her duties under this act.
(b) Store, ship, or handle seed under conditions that make it impossible to properly inspect or obtain a sample representative of the seed being sold, offered, exposed, or transported for sale.
(c) Sell seed that has been treated, as defined in this act, to any person for any purpose unless the seed is colored and clearly labeled as required in section 7.