4. Vegetable Seeds. For vegetable seeds, the following is required : 



I. Name of kind and variety of seeds, and the calendar month and 

 year when last tested for germination. 



II. For seeds which germinate less than the standard last established 

 by the commissioner of agriculture hereunder, and in type not smaller than 

 ten point size : percentage of germination exclusive of hard seed ; percent- 

 age of hard seed, if present ; and the words, "below standard." 



III. Name and address of the person who labeled said seed, or who 

 sells, offers or exposes said seed for sale within the state. 



5. Illegal Sales. It shall be unlawful for any person to sell, offer for 

 sale or expose for sale any agricultural or vegetable seed within this state : 



I. Unless the test to determine the percentage of germination re- 

 quired by sections 3 and 4 shall have 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 trans- 

 portation. 



II. Not labeled in accordance with the provisions hereof, or having 

 a false or misleading labeling. 



III. Pertaining to which there has been a false or misleading adver- 

 tisement. 



IV. Any agricultural seeds containing any primary noxious weed 

 seeds except as may be allowed under tolerances prescribed in the rules 

 and regulations hereunder. 



6. Prohibitions. It shall be unlawful for any person within this state : 



I. To detach, alter, deface or destroy any label provided for herein 

 or the rules and regulations made and promulgated hereunder, or to alter 

 or substitute seed, in a manner that may defeat the purposes hereof. 



II. To disseminate any false or misleading advertisement concerning 

 agricultural or vegetable seed in any manner or by any means. 



III. To hinder or obstruct in any way any authorized person in the 

 performance of his duties hereunder. 



IV. To fail to comply with a "stop sale" order. 



7. Exemptions. The provisions of sections 2 to 6, inclusive, do not 

 apply to seed or grain not intended for sowing purposes, nor to seed in 

 storage in, or consigned to, a seed cleaning or processing establishment for 

 cleaning or processing, provided, that any labeling or other representation 

 which may be made with respect to the unclean seed shall be subject to 

 the provisions hereof. 



8. Exceptions. No person shall be subject to the penalties hereof for 

 having sold, offered or exposed for sale in this state any agricultural or 

 vegetable seeds, which were incorrectly labeled- or represented as to kind, 

 variety, or origin which seeds cannot be identified by examination thereof. 



