(A) The provisions of Sections 46-21-215 and 46-21-217 do not apply to:

(1) seed or grain not intended for sowing purposes;

(2) seed in storage in, or being transported or consigned to a cleaning or conditioning establishment for cleaning or conditioning, provided, that the invoice or label accompanying a shipment of said seed bears the statement "seeds for conditioning"; and provided that any labeling or other representation which may be made with respect to the uncleaned or unconditioned seed shall be subject to this chapter; or

(3) a carrier in respect to seeds transported or delivered for transport in the ordinary course of its business as a carrier; provided, that the carrier is not engaged in producing, conditioning, or marketing seeds subject to the provisions of this chapter.

(B) A person is not subject to the penalties of this chapter for having sold or offered for sale seed subject to provisions of this chapter which were incorrectly labeled or represented as to kind, species, and subspecies, if appropriate, variety, type, or origin, if required, which seeds cannot be identified by examination, unless he has failed to obtain an invoice, genuine growers declaration, or other labeling information and to take precautions as may be reasonable to insure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed.

HISTORY: 1940 (41) 1875; 1941 (42) 119; 1942 Code Section 5806-87; 1952 Code Section 3-405; 1962 Code Section 3-405; 1967 (55) 216; 1976 Code Section 46-21-50; 2010 Act No. 238, Section 2, eff. upon approval (became law without the Governor's signature on June 8, 2010).