199.9 - EXEMPTIONS.
199.9 EXEMPTIONS.
1. Sections 199.3 and 199.8 do not apply to:
a. Seed or grain not intended for sowing purposes.
b. Seed in storage in, or consigned to, or for sale to, a
seed cleaning or conditioning establishment for cleaning or
conditioning; provided that any labeling or other representation
which is made with respect to the unclean or unconditioned seed is
subject to this chapter.
c. A carrier in respect to seed transported or delivered for
transportation in the ordinary course of its business as a carrier
provided that the carrier is not engaged in producing, conditioning,
or marketing seed, and subject to this chapter.
2. A person is not subject to the penalties of this chapter for
having sold, offered or exposed for sale in this state any
agricultural seeds which were incorrectly labeled or represented as
to kind, species, variety, or origin when those seeds cannot be
identified by examination, unless the person has failed to obtain an
invoice or genuine grower's declaration or other labeling information
and to take other precautions as reasonable to ensure the identity.
A genuine grower's declaration of variety shall affirm that the
grower holds records of proof concerning parent seed such as invoices
and labels. Section History: Early Form
[S13, § 5077-a20; C24, 27, 31, 35, 39, § 3136; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 199.9; 82 Acts, ch 1191, § 8]