250.031 Application of KRS 250.021 to 250. 111

250.031 Application of KRS 250.021 to 250. 111.

(1) The requirements and prohibitions of KRS 250.021 to 250.111 shall not apply:

(a) To seed or grain not distributed for planting purposes.

(b) To seed in storage in, or being transported or consigned to a conditioning

establishment, if the invoice or labeling accompanying any shipment of the

seed bears the statement "seed for conditioning"; and if any labeling or other

representation which may be made with respect to the unconditioned seed of

the same lot shall be subject to KRS 250.021 to 250.111.

(c) To any carrier in respect to any seed transported or delivered for transportation

in the ordinary course of its business as a carrier if the carrier is not engaged in

producing, conditioning, or distributing seed subject to the provisions of KRS

250.021 to 250.111.

(d) To seed grown, sold and delivered by a producer on his own premises to the

purchaser himself. If, however, the seed is advertised by the public press,

circular, or catalog, or if the seed is delivered by a common carrier, the seed

and the distributor shall be subject to the certification and labeling

requirements of KRS 250.021 to 250.111.

(2) No person shall be subject to the penalties of KRS 250.111 for having distributed

seed which were incorrectly labeled or represented as to kind, species, and

subspecies, if appropriate, variety, type, or origin, which seed cannot be identified

by examination thereof, unless he has failed to obtain an invoice, genuine grower's

declaration, or other labeling information and to take other reasonable precautions

to ensure 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, such as

invoice and label.

(3) The director may by administrative regulation omit the requirement for variety

designation on labels of seed kinds not commonly sold by variety name.