TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 4

PURE SEED LAW

22-434.  Seed dealer’s license. An in-state seed dealer or an out-of-state seed dealer who conditions or labels or sells, for the use of others any seed, shall obtain a license from the department authorizing him to condition or label or sell such seed. A dealer shall not be entitled to a license unless he has an established plant, warehouse or place of business.

(1)  A separate license shall be required for each place of business from which seed regulated under this chapter is sold. Application for licenses shall be on a form provided by the director.

(2)  Applications shall be renewed no later than July 1 of each year.

(3)  Fees so collected shall be paid into the state treasury and credited to the state agricultural inspection account.

(4)  In-state producers selling their own crop shall be exempt from this section.

(5)  Any person selling seed who has total annual gross seed sales not exceeding five hundred dollars ($500) is exempt from this section.

(6)  An in-state seed dealer or an out-of-state seed dealer, who sells, offers for sale, exposes for sale or delivers seed only in packages of less than eight (8) ounces shall be exempt from this section.

(7)  The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that:

(a)  The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement of a license; and/or

(b)  The licensee was guilty of violating any of the provisions of this chapter.

History:

[22-434, added 1985, ch. 247, sec. 2, p. 580; am. 1986, ch. 110, sec. 1, p. 303; am. 1989, ch. 41, sec. 1, p. 54; am. 1994, ch. 50, sec. 1, p. 88; am. 1997, ch. 17, sec. 2, p. 27; am. 1998, ch. 203, sec. 2, p. 722; am. 2000, ch. 140, sec. 1, p. 368; am. 2004, ch. 162, sec. 1, p. 528.]