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

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



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



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

 year when last tested for germination. 



II. For seeds which germinate less than the standard last estab- 

 lished by the commissioner of agriculture hereunder, and in type not 

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

 seed ; percentage 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 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 

 required by sections 3 and 4 shall have been completed within a nine- 

 month period, exclusive of the calendar month in which the test was com- 

 pleted, 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 

 advertisement. 



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 establishment 

 for cleaning or processing, provided, that any labeling or other represen- 

 tation 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 

 hereunder. 



