§ 3.1-267. (Repealed effective October 1, 2008) Exemptions
(A) The provisions of §§ 3.1-264, 3.1-265 and 3.1-271 (6) do not apply:
(1) to seed or grain sold or represented to be sold for purposes other than for seeding, except as required by § 3.1-264 (E);
(2) to seed for conditioning when consigned to, being transported to, or stored in a processing establishment; provided, that the invoice or labeling accompanying said seed bears the statement "Seed for conditioning," and provided further that any other labeling or representation which may be made with respect to the uncleaned or unconditioned seed shall be subject to this article;
(3) to any carrier in respect to any seed or screenings transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, conditioning or marketing agricultural, vegetable, flower, tree and shrub, lawn and turf seeds, or screenings subject to this article; and
(4) to untested seed sold on his own premises by a grower who collected gross receipts for selling seeds in the Commonwealth of $1,000 or less during the calendar year immediately preceding the current calendar year, which seed was produced by him, provided that such seed, when sold or delivered, shall bear the label on each package or bag as follows: "These seeds have not been tested." Provided, however, that any labeling or representation which may be made in respect to such seed shall be subject to this article.
(B) No person shall be subject to the penalties of this article for having sold, offered or exposed for sale in this Commonwealth agricultural, vegetable, flower, tree and shrub, lawn and turf seeds, or screenings, which were incorrectly labeled or represented as to kind, variety, or origin, which seed cannot be identified by examination thereof by the Commissioner or his agent, unless he has failed to obtain an invoice or grower's declaration or other labeling information or unless he has failed to take such other precautions as may be reasonable to insure the identity is that stated.
(C) No person shall be subject to the penalties of this article for having sold or offered or exposed for sale tree or shrub seeds which were incorrectly labeled or represented as to subspecies, locality of collection, or year of collection, unless he has failed to obtain an invoice, grower's declaration, or other labeling information or unless he has failed to take such other precautions as may be reasonable to insure the accuracy of these statements as presented on the label.
(D) No person shall be subject to the provisions of § 3.1-275.1 or the penalties of this article for having sold, offered or exposed for sale any lawn and turf seed mixture not registered as provided in said section provided he has acted in good faith and has in his possession a statement showing that such lawn and turf seed mixture has been previously registered and approved for sale in this Commonwealth.
(Code 1950, § 3-219.6; 1958, c. 483; 1966, cc. 9, 702; 1994, c. 577.)
Sections: Previous 3.1-262 3.1-263 3.1-264 3.1-265 3.1-266 3.1-267 3.1-268 3.1-269 3.1-270 3.1-271 3.1-271.1 3.1-272 3.1-273 3.1-274 3.1-275 NextLast modified: April 16, 2009