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Section: 266.0071 Sales, offers for sale and acts prohibited. RSMO 266.071


Published: 2015

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Missouri Revised Statutes













Chapter 266

Seeds, Fertilizers and Feeds

←266.061

Section 266.071.1

266.076→

August 28, 2015

Sales, offers for sale and acts prohibited.

266.071. 1. It is unlawful for any person to sell, distribute, offer

for sale, or expose for sale any agricultural or vegetable seed within this

state:



(1) Unless the test to determine the percentage of germination was

performed within ten months of the time the seed is sold, exposed for sale,

offered for sale or distributed. An exception shall be allowed for seed

packaged in hermetically sealed containers, which may be sold, exposed for

sale, offered for sale or transported up to thirty-six months after the test

to determine the percentage of germination, if the seed is packaged according

to the regulation governing hermetically packaged seed;



(2) Not labeled in accordance with the provisions of sections 266.011 to

266.111 or having a false or misleading labeling;



(3) Which has false or misleading advertisement;



(4) Containing prohibited weed seeds;



(5) Containing noxious weed seeds in excess of one-half percent, or in

excess of the number declared on the label attached to the container of the

seed;



(6) Containing more than two percent by weight of weed seeds, except for

Brome grass, orchard grass or fescue which may not exceed three percent;



(7) Which is represented to be certified, registered, foundation, or any

other term conveying a similar meaning when referring to seed unless it has

been produced, processed, and labeled in accordance with procedures and in

compliance with the rules and regulations of an officially recognized

certifying agency.



2. It is unlawful for any person within this state:



(1) To detach, alter, deface or destroy any label provided for in

sections 266.011 to 266.111, or the rules and regulations made and

promulgated thereunder, or to alter or substitute seed, in a manner that may

defeat the purposes of sections 266.011 to 266.111;



(2) To hinder or obstruct in any way any authorized person in the

performance of his duties under sections 266.011 to 266.111;



(3) To 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;



(4) To sell noxious or prohibitive weed seed except as provided in

section 266.080;



(5) To sell seed to persons performing the seed sale functions listed in

subdivision (1), (2), (3), or (4) of subsection 1 of section 266.031, unless

the person buying has a retail permit to sell seed;



(6) To permit seed to move into this state which does not meet the

standards of the seed certifying agency of the state in which the seed

originated or the provisions of Missouri seed law.



(L. 1951 p. 5 § 266.070, A.L. 1957 p. 13, A.L. 1979 H.B. 57)







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Missouri General Assembly



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