(1) It is unlawful and a violation of this article for any person to sell, offer or expose for sale, barter, or distribute any seed within this state, if such seed: (a) Has not been tested to determine the percentage of germination of such seed within the previous thirteen months, except for certain cool season grasses as determined by the commissioner by rule, if such seed has not been tested within the previous sixteen months, and except that, for seed stored in hermetically sealed containers, if such seed has not been tested within the previous twenty-four months. For labeling purposes, a tetrazolium test may not be used in place of a germination test except as specifically authorized by the commissioner by rule. (b) Has been treated with a material which is poisonous to humans or livestock unless there is a conspicuous warning in the labeling which gives the commonly accepted or abbreviated chemical name of the poisonous substance; (c) Is not labeled in accordance with this article; (d) Is or has been the subject of false or misleading advertisements or statements by the person, or such person's agent, who is selling, exposing or offering for sale, bartering, or distributing such seed; (e) Is sold in the form of screenings, but is not labeled and invoiced as "screenings for processing, not for seeding"; (f) Is officially labeled or advertised as certified or registered, and if such seed has not been produced, conditioned, and packaged in conformity with the standards of purity as to kind and variety in compliance with the rules and regulations of the certifying agency. For purposes of this paragraph (f), labeling or advertising guarantees that seed is certified if such labeling or advertising uses the word "certified", "foundation", or "registered" in any manner. (g) (I) Is sold by a variety name but is not certified by an official seed certifying agency if such seed is of a variety for which a certificate or application for certificate of plant variety protection under the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, requires sale only as a class of certified seed. (II) Notwithstanding subparagraph (I) of this paragraph (g), seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety. (h) Is sold by a variety name when such seed is of a variety for which a certificate or application for certificate of plant variety protection under the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, has been granted or for which an application for a certificate of plant variety protection has been sought. (2) (a) It is a civil violation of this article for any person to sell, offer or expose for sale, barter, or distribute any seed within this state if such seed contains: (I) More than two percent of weed seed by weight or such other standard established by the commissioner; (II) Prohibited noxious weed seed; or (III) (A) More restricted noxious weed seed per pound than the amount declared on the label attached to the container of such seed, if the amount declared meets the standards established by the commissioner; or (B) More restricted noxious weed seed per pound than the amount allowed by the standards established by the commissioner. (b) Any person who violates paragraph (a) of this subsection (2) shall be subject to a civil penalty pursuant to section 35-27-118. (3) It is unlawful and a violation of this article for any person within this state to: (a) Detach, alter, deface, or destroy any label or tag completed pursuant to section 35- 27-105, if such person is not the ultimate consumer; (b) Alter or substitute seed or other material in a manner that may defeat the purposes of this article; (c) Disseminate any false or misleading advertisement concerning a specific lot of seed in any manner or by any means; (d) Intentionally hinder or obstruct in any way any authorized person in the performance of such person's official duties as such duties pertain to this article; (e) Perform, or hold oneself out as being authorized to perform, any of the acts for which registration is required without registering pursuant to section 35-27-111; (f) Solicit, advertise, or offer to perform any of the acts for which registration is required without being registered; (g) Refuse or fail to comply with a cease-and-desist order issued pursuant to section 35- 27-116; (h) Refuse or fail to comply with the provisions of this article; (i) Make false, misleading, deceptive, or fraudulent advertisements concerning a specific lot of seed; (j) Impersonate any state, county, city and county, or municipal official or inspector authorized pursuant to this article; (k) Refuse or fail to comply with any rules or regulations adopted by the commissioner pursuant to this article or to any lawful order issued by the commissioner. (4) It is unlawful and a violation of this article for any person to sell, offer or expose for sale, barter, or distribute, for other than propagation purposes, within the state, any seed that has been treated unless it is sold separately from untreated seed or grain and is accompanied by an affidavit, certificate, label, or tag stating that the seed has been chemically treated and cannot be used for food, feed, or oil purposes. (5) It is unlawful and a violation of this article for any person acting as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler to: (a) Make false or misleading representations or statements of fact in any application, record, or report submitted to the department pursuant to this article; (b) Fail to maintain or submit any records or reports required by this article; (c) Permit the use of a registration by any person other than the registrant. (6) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 when such person: (a) Sells, offers or exposes for sale, barters, or distributes within the state: (I) Any seed beans which have not been approved in accordance with section 35-27-109; (II) Any seed subject to the provisions of this article if such person fails to comply with or violates the provisions of this article; (b) (I) Removes or disposes of any detained or embargoed seed without prior permission from the commissioner or a court of competent jurisdiction or removes or alters any labeling on such seed. (II) Any person violating this paragraph (b) may be subject to civil penalties assessed in accordance with section 35-27-118. (7) The failure by any person to comply with the provisions of subsection (3)(e), (3)(f), or (3)(i) of this section is a deceptive trade practice and is subject to the provisions of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S. (8) It is the duty of the several district attorneys of the state to prosecute all persons charged with the violation of any of the provisions of this article. It is the duty of the attorney general to advise the commissioner in all legal matters and to represent the commissioner or the commissioner's agents in all actions brought by or against the commissioner or the commissioner's agents.
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