A. The provisions of §§ 3.2-4008 and 3.2-4015 and subdivision 6 of § 3.2-4001shall not apply to:
1. Seed or grain sold or represented to be sold for purposes other than forplanting, except as required by subsection F of § 3.2-4008;
2. Seed for conditioning when: (i) consigned to, being transported to, orstored in a processing establishment; and (ii) the accompanying invoice orlabeling bears the statement "Seed for conditioning";
3. Any carrier of seed or screenings in the ordinary course of businessprovided that the carrier does not also produce, condition, or marketagricultural, vegetable, flower, tree and shrub, lawn and turf seeds, orscreenings; and
4. Untested seed sold on his own premises by a grower who collected grossreceipts for selling seeds produced by him of $1,000 or less during thepreceding year provided that the seed bears the statement "These seeds havenot been tested" on each package or bag.
B. The provisions of § 3.2-4009 shall not apply to any person who sells oroffers for sale:
1. Any lawn and turf seed mixture provided he: (i) acted in good faith; and(ii) possessed a statement showing that the lawn and turf seed mixture hasbeen previously registered and approved for sale;
2. Any agricultural, vegetable, flower, tree and shrub, lawn and turf seeds,or screenings that are incorrectly labeled or represented as to kind,variety, or origin and cannot be identified by official examination unless hefails to: (i) obtain an invoice or grower's declaration or other labelinginformation; or (ii) take other reasonable precautions to insure the identityis that stated; and
3. Any tree or shrub seeds that are incorrectly labeled or represented as tosubspecies, locality of collection, or year of collection unless he fails to:(i) obtain an invoice, grower's declaration, or other labeling information;or (ii) take other reasonable precautions to insure the accuracy of thesestatements as presented on the label.
(Code 1950, § 3-219.6; 1958, c. 483; 1966, cc. 9, 702, § 3.1-267; 1994, c.577; 2008, c. 860.)
A. The provisions of §§ 3.2-4008 and 3.2-4015 and subdivision 6 of § 3.2-4001shall not apply to:
1. Seed or grain sold or represented to be sold for purposes other than forplanting, except as required by subsection F of § 3.2-4008;
2. Seed for conditioning when: (i) consigned to, being transported to, orstored in a processing establishment; and (ii) the accompanying invoice orlabeling bears the statement "Seed for conditioning";
3. Any carrier of seed or screenings in the ordinary course of businessprovided that the carrier does not also produce, condition, or marketagricultural, vegetable, flower, tree and shrub, lawn and turf seeds, orscreenings; and
4. Untested seed sold on his own premises by a grower who collected grossreceipts for selling seeds produced by him of $1,000 or less during thepreceding year provided that the seed bears the statement "These seeds havenot been tested" on each package or bag.
B. The provisions of § 3.2-4009 shall not apply to any person who sells oroffers for sale:
1. Any lawn and turf seed mixture provided he: (i) acted in good faith; and(ii) possessed a statement showing that the lawn and turf seed mixture hasbeen previously registered and approved for sale;
2. Any agricultural, vegetable, flower, tree and shrub, lawn and turf seeds,or screenings that are incorrectly labeled or represented as to kind,variety, or origin and cannot be identified by official examination unless hefails to: (i) obtain an invoice or grower's declaration or other labelinginformation; or (ii) take other reasonable precautions to insure the identityis that stated; and
3. Any tree or shrub seeds that are incorrectly labeled or represented as tosubspecies, locality of collection, or year of collection unless he fails to:(i) obtain an invoice, grower's declaration, or other labeling information;or (ii) take other reasonable precautions to insure the accuracy of thesestatements as presented on the label.
(Code 1950, § 3-219.6; 1958, c. 483; 1966, cc. 9, 702, § 3.1-267; 1994, c.577; 2008, c. 860.)
A. The provisions of §§ 3.2-4008 and 3.2-4015 and subdivision 6 of § 3.2-4001shall not apply to:
1. Seed or grain sold or represented to be sold for purposes other than forplanting, except as required by subsection F of § 3.2-4008;
2. Seed for conditioning when: (i) consigned to, being transported to, orstored in a processing establishment; and (ii) the accompanying invoice orlabeling bears the statement "Seed for conditioning";
3. Any carrier of seed or screenings in the ordinary course of businessprovided that the carrier does not also produce, condition, or marketagricultural, vegetable, flower, tree and shrub, lawn and turf seeds, orscreenings; and
4. Untested seed sold on his own premises by a grower who collected grossreceipts for selling seeds produced by him of $1,000 or less during thepreceding year provided that the seed bears the statement "These seeds havenot been tested" on each package or bag.
B. The provisions of § 3.2-4009 shall not apply to any person who sells oroffers for sale:
1. Any lawn and turf seed mixture provided he: (i) acted in good faith; and(ii) possessed a statement showing that the lawn and turf seed mixture hasbeen previously registered and approved for sale;
2. Any agricultural, vegetable, flower, tree and shrub, lawn and turf seeds,or screenings that are incorrectly labeled or represented as to kind,variety, or origin and cannot be identified by official examination unless hefails to: (i) obtain an invoice or grower's declaration or other labelinginformation; or (ii) take other reasonable precautions to insure the identityis that stated; and
3. Any tree or shrub seeds that are incorrectly labeled or represented as tosubspecies, locality of collection, or year of collection unless he fails to:(i) obtain an invoice, grower's declaration, or other labeling information;or (ii) take other reasonable precautions to insure the accuracy of thesestatements as presented on the label.
(Code 1950, § 3-219.6; 1958, c. 483; 1966, cc. 9, 702, § 3.1-267; 1994, c.577; 2008, c. 860.)
