New Hampshire Seed Law

Text of the New Hampshire Seed Law

Summary 

433:1 Definitions.  

I. "Advertisement’’ means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this subdivision. 

II. "Agricultural seed’’ includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this state as agricultural seeds, lawn seeds, and combinations of such seeds, and may include noxious weed seeds when the commissioner determines that such seed is being used as agricultural seed.         

       

X. "Flower seeds’’ includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seeds in this state. 

XVII. "Labeling’’ means a tag or other device attached to or written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label by this subdivision. Labeling may include any other information relating to the labeled seed. 

XXIII. "Person’’ means an individual, partnership, corporation, company, association, receiver, trustee or agent. 

XXIX. "Stop sale order’’ means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed. 

                                          

XXX. "Treated’’ means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made. 

                                                

XXXI. "Tree and shrub seeds’’ includes seeds of woody plants commonly known and sold as tree and shrub seeds in this state. 

 

XXXVI. "Vegetable seeds’’ includes the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state. 

XXXVII. "Weed seed’’ means the seeds of all plants generally recognized as weeds within this state, and includes prohibited and restricted noxious weed seed 

433:2 Label Requirements for Agricultural, Vegetable and Flower Seeds.  

Each container of agricultural, vegetable, and flower seeds which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear on it or have attached to it in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container: 

I. For all treated agricultural, vegetable, and flower seeds . . .                         

II. For agricultural seeds, except for cool season lawn and turf grass seed mixtures as provided in paragraph III; for seed sold on a pure live seed basis as provided in paragraph IX; and for hybrids which contain less than 95 percent hybrid seed as provided in paragraph X . . .

IV. For agricultural seeds that are coated . . .                                                    

V. For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices . . .                                  

VII. For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices . . .                                    

IX. For agricultural seeds sold on a pure live seed basis . . . 

X. For agricultural and vegetable hybrid seed which contain less than 95 percent hybrid seed . . . 

XI. For combination mulch, seed, and fertilizer products . . . 

             

433:3 Label Requirements for Tree and Shrub Seeds. 

Each container of tree and shrub seed which is sold, offered for sale, exposed for sale, or transported within this state for sowing purposes shall bear on it or have attached to it in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information . . .                                

I. For all treated tree and shrub seeds . . .                                            

II. For all tree and shrub seeds subject to this subdivision . . . 

433:4 Prohibitions. 

I. To sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this state . . . 

                                                   

(b) Not labeled in accordance with the provisions of this subdivision or having false or misleading labeling . . . 

(c) Pertaining to which there has been false or misleading advertisement . . .

                

433:5 Records.

Each person whose name appears on the label as handling agricultural, vegetable, flower, or tree and shrub seeds subject to this subdivision shall keep for a period of at least 2 years complete records of each lot of agricultural, vegetable, flower, or tree and shrub seed handled and shall keep for at least one year a file sample of each lot of seed after final disposition of such lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the commissioner or his agent during customary business hours. 

433:6 Exemptions. 

I. The provisions of RSA 433:2, 3 and 4 shall not apply to:

III. The provisions of RSA 433:3 and 4 shall not apply to tree seed produced by the consumer or sellers of less than 25 pounds of fruit, flower, or vegetable seeds per year. 

 

                                                

433:8 Seizure. 

Any lot of seed not in compliance with the provisions of this subdivision shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seed is located. If the court finds the seed to be in violation of this subdivision and orders the condemnation of said seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state, provided that in no instance shall the court order such disposition of said seed without first having given the claimant an opportunity to apply to the court for the release of said seed or permission to process or relabel it to meet the requirements of this subdivision. 

433:9 Injunction. 

When, in the performance of his duties, the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subdivision or any rules adopted under this subdivision, the injunction shall be issued without bond. 

               

433:9-a Licensing Requirements.

No person shall label agricultural, vegetable, flower, and tree and shrub seeds for planting purposes for distribution or sale in this state without first having obtained a seed labeling license. The license application shall be submitted on forms furnished by the commissioner and shall be accompanied by the license fee as prescribed by the commissioner. Sellers of less than 25 pounds of fruit, flower, or vegetable seeds per year shall be exempt from the licensure requirements of this section. 

     

     

433:9-b Penalties.

I. Any person who, by himself or by his servant or agent, violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. 

II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.             

III. Any person who violates any provision of this subdivision or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.