smaller than ten point size : percentage of germination exclusive of hard 

 seed; percentage of hard seed, if present; and the words, "below stand- 

 ard." 



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

 who sells, offers or exposes said seed for sale within this 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 transportation. 



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 ad- 

 vertisement. 



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 concern- 

 ing 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 establish- 

 ment 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, unless he has failed to take all proper precautions to insure the 

 identity to be that stated in accordance with rules and regulations here- 

 under. 



9. Duties and Authority of Commissioner of Agriculture. The 



commissioner of agriculture, who may act through his authorized agents, 

 shall have the power: 



I. To sample, inspect, make analyses of, and test, agricultural 

 and vegetable seeds transported, sold, offered or exposed for sale within 



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