578.001 – Short Title.
578.001 Short title.—This chapter shall be known and cited as the “Florida Seed Law.” History.—s. 1, ch. 20251, 1941; s. 1, ch. 21942, 1943; s. 1, ch. 22694, 1945; s. 2, ch. 88-75. Note.—Former s. 578.20.
578.011 – Definitions; Florida Seed Law.
578.011 Definitions; Florida Seed Law.—When used in this chapter, the term: (1) “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 law. (2) “Agricultural seed” includes the seed of grass, forage, cereal and fiber crops, and chufas and any other seed […]
578.012 – Preemption.
578.012 Preemption.— (1) It is the intent of the Legislature to eliminate duplication of regulation of seed. As such, this chapter is intended as comprehensive and exclusive and occupies the whole field of regulation of seed. (2) The authority to regulate seed or matters relating to seed in this state is preempted to the state. A local government […]
578.08 – Registrations.
578.08 Registrations.— (1) Every person, except as provided in subsection (4), before selling, distributing for sale, offering for sale, exposing for sale, handling for sale, or soliciting orders for the purchase of any agricultural, vegetable, flower, tree, or shrub seed or mixture thereof, shall first register with the department as a seed dealer. The application for registration […]
578.09 – Label Requirements for Agricultural, Vegetable, Flower, Tree, or Shrub Seeds.
578.09 Label requirements for agricultural, vegetable, flower, tree, or shrub seeds.—Each container of agricultural, vegetable, flower, tree, or shrub seed which is sold, offered for sale, exposed for sale, or distributed for sale within this state for sowing purposes must bear thereon or have attached thereto, in a conspicuous place a plainly written or printed label […]
578.092 – Seed in Hermetically Sealed Containers.
578.092 Seed in hermetically sealed containers.—The period of validity of germination tests is extended to the following periods for seed packaged in hermetically sealed containers, under conditions and label requirements set forth in this section: (1) GERMINATION TESTS.—The germination test for agricultural and vegetable seed must have been completed within the following periods, exclusive of the calendar […]
578.10 – Exemptions.
578.10 Exemptions.— (1) The provisions of s. 578.13 shall not apply to any common carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier. Provided, that such carrier is not engaged in processing or merchandising seed subject to the provisions of this law. (2) The provisions of […]
578.11 – Duties, Authority, and Rules of the Department.
578.11 Duties, authority, and rules of the department.— (1) The duty of administering this law and enforcing its provisions and requirements shall be vested in the Department of Agriculture and Consumer Services, which is hereby authorized to employ such agents and persons as in its judgment shall be necessary therefor. It shall be the duty of the […]
578.12 – Stop-Sale, Stop-Use, Removal, or Hold Orders.
578.12 Stop-sale, stop-use, removal, or hold orders.—When agricultural, vegetable, flower, tree, or shrub seed is being offered or exposed for sale or held in violation of any of the provisions of this chapter, the department, through its authorized representative, may issue and enforce a stop-sale, stop-use, removal, or hold order to the owner or custodian of […]
578.13 – Prohibitions.
578.13 Prohibitions.— (1) It shall be unlawful for any person to sell, distribute for sale, offer for sale, expose for sale, handle for sale, or solicit orders for the purchase of any agricultural, vegetable, flower, tree, or shrub seed within this state: (a) Unless the test to determine the percentage of germination required by s. 578.09 has been […]
578.181 – Penalties; Administrative Fine.
578.181 Penalties; administrative fine.— (1) The department may enter an order imposing one or more of the following penalties against a person who violates this chapter or the rules adopted under this chapter or who impedes, obstructs, hinders, or otherwise attempts to prevent the department from performing its duty in connection with this chapter: (a) For a minor […]
578.22 – Disposition of Fees Collected.
578.22 Disposition of fees collected.—All fees required and collected as provided in this chapter shall be paid into the State Treasury to the credit of the General Inspection Trust Fund, and shall be used solely for the seed inspection program. History.—s. 11, ch. 21942, 1943; s. 10, ch. 22694, 1945; s. 3, ch. 26960, 1951; s. […]
578.23 – Records.
578.23 Records.—Each person who allows his or her name or brand to appear on the label as handling agricultural, vegetable, flower, tree, or shrub seeds subject to this chapter must keep, for 2 years, complete records of each lot of agricultural, vegetable, flower, tree, or shrub seed handled, and keep for 1 year after final disposition […]
578.24 – Mixed Varieties of Seed Oats Prohibited.
578.24 Mixed varieties of seed oats prohibited.—Oats consisting of mixed varieties shall not be sold for planting purposes in this state unless permitted by regulation promulgated by the department upon recommendation of the Florida Agricultural Experiment Station at Gainesville. History.—s. 12, ch. 21942, 1943; s. 11, ch. 22694, 1945; ss. 14, 35, ch. 69-106.
578.25 – Use of Disclaimer Clause.
578.25 Use of disclaimer clause.—The use of a disclaimer or nonwarranty clause in any invoice, advertising, labeling, or written, printed, or graphic matter pertaining to any seed shall not relieve or exempt any person from any provisions of the Florida Seed Law. History.—s. 14, ch. 22694, 1945.
578.26 – Complaint, Investigation, Hearings, Findings, and Recommendation Prerequisite to Legal Action.
578.26 Complaint, investigation, hearings, findings, and recommendation prerequisite to legal action.— (1)(a) When any buyer is damaged by the failure of agricultural, vegetable, flower, tree, or shrub seed planted in this state to produce or perform as represented by the labeling of such seed as required by s. 578.09, as a prerequisite to her or his right […]
578.27 – Seed Investigation and Conciliation Council; Composition; Purpose; Meetings; Duties; Expenses.
578.27 Seed investigation and conciliation council; composition; purpose; meetings; duties; expenses.— (1) The Commissioner of Agriculture shall appoint a seed investigation and conciliation council composed of seven members, one member to be appointed upon the recommendation of each of the following: the deans of extension and research, Institute of Food and Agricultural Sciences, University of Florida; the […]
578.29 – Prohibited Noxious Weed Seed.
578.29 Prohibited noxious weed seed.—Seeds meeting the definition of prohibited noxious weed seed under s. 578.011 may not be present in agricultural, vegetable, flower, tree, or shrub seed offered or exposed for sale in this state. History.—s. 54, ch. 2018-84.