Sec. 10.

Section 3 does not apply to the following:

(a) Seed or grain not intended for sowing purposes.

(b) Seed stored in, transported to, or consigned to, a conditioning establishment for conditioning if the invoice or label accompanying the shipment of the seed bears the statement “seed for conditioning”. However, any labeling or other representation which may be made with respect to the unconditioned seed is subject to this act.

(c) Except for field bean seed, seed grown, sold, and delivered by the producer on his or her own premises directly to the purchaser if the seed does not contain prohibited noxious or restricted noxious weed seed, prohibited noxious or restricted noxious weed seed in excess of limits provided by rule, or not more than 2% of all weed seed. If, however, the seed is advertised for sale through the medium of the public press, by circular, catalog, or by exposing a sample of the seed, or a printed or written statement pertaining to the seed, in a public place or in any place of business, or if the seed is delivered by a common carrier, except when transported for the purpose of being conditioned as provided in this section, the producer shall be considered a vendor and the seed shall meet all requirements of the act including complete labeling of the seed. For cereal, field bean seed, and soybean seed where the purpose for which the seed is intended may be in question, all seeds advertised for sale by variety name or as conditioned or tested, or treated or offered at a price substantially higher than current market prices, shall be presumed to be offered for seeding purposes and subject to the labeling provisions of this act.

(d) A common carrier with respect to seed transported or delivered for transportation in the ordinary course of its business, if the carrier is not engaged in producing, conditioning, or marketing seed subject to this act.

History: 1965, Act 329, Eff. Mar. 31, 1966 ;-- Am. 1988, Act 455, Imd. Eff. Dec. 27, 1988 ;-- Am. 1996, Act 86, Imd. Eff. Feb. 27, 1996 Admin Rule: R 285.714.1 et seq. of the Michigan Administrative Code.