§ 2-6-6. Exemptions — Good faith sellers.
(a) The provisions of §§ 2-6-3 and 2-6-4 do not apply:
(1) To seed or grain not intended for sowing purposes;
(2) To seed in storage in, or being transported or consigned to a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of the seed bears the statement “seed for processing” and any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed is subject to this chapter; or
(3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier provided the carrier is not engaged in producing, processing, or marketing agricultural or vegetable seeds subject to the provisions of this chapter.
(b) No person is subject to the penalties of this chapter for having sold or offered or exposed for sale agricultural or vegetable seeds which were incorrectly labeled or represented as to kind, variety, type or origin (if required) which seeds cannot be identified by examination, unless the person has failed to obtain an invoice, genuine grower’s declaration or other labeling information and to take any other precautions that may be reasonable to insure the identity to be that stated.
History of Section.
P.L. 1978, ch. 371, § 2.