Current through the 2024 Regular Session
Section 69-3-4 - Transfers of Bermuda grass; permit required; fee; misrepresentation and infringement of brand prohibited; penalties; rules and regulations(1) Every person, firm, association or corporation that shall transfer ownership of Bermuda grass for commercial sprigging, or that shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking circular, written or printed representation or description of or pertaining to Bermuda grass intended for commercial sprigging or sale shall conform to the standards or requirements as made by the Commissioner of Agriculture and Commerce. Such persons, firms, associations and corporations, before transferring ownership of Bermuda grass, on or before the first day of July of each year, shall secure an annual permit from the Commissioner of Agriculture to engage in such business or practice. The annual permit fee shall not exceed Twenty-five Dollars ($25.00) for each person or place of business.(2) If a person, firm, association or corporation discovers a new selection of Bermuda grass, such entity shall not name the grass in such a manner as to misrepresent, infringe or mimic a name already on the market. The commissioner may revoke the permit of any person who misrepresents, infringes or mimics a name in violation of this section.(3) Any person who transfers ownership of Bermuda grass for commercial sprigging without a permit as required under this section shall be subject to a civil penalty, not to exceed Two Hundred Fifty Dollars ($250.00). All penalties levied by the commissioner shall be paid into the General Fund in the State Treasury.(4) The Commissioner of Agriculture and Commerce shall promulgate rules and regulations to implement the provisions of this section. Laws, 2002, ch. 596, § 2, eff. 4/11/2002.