§ 106-277.10. Exemptions. - North Carolina Statutes

§ 106‑277.10. Exemptions.

(a)        When the requiredanalysis and other information regarding the seed is present on a seedman'slabel or tag which bears an official North Carolina seed stamp or isaccompanied by the North Carolina seed analysis tag on which is written,stamped or printed the words "See Attached Tag for Seed Analysis,"the provisions of G.S. 106‑277.5 through 106‑277.7 shall be deemedto have been complied with.

(b)        The official tag orlabel of the North Carolina Crop Improvement Association shall be considered an"official North Carolina seed analysis tag" when attached tocontainers of seed duly certified by the said Association or when it refers toan accompanying tag which carries the same information required in G.S. 106‑277.5to 106‑277.7 and when fees applicable to the North Carolina seed analysistag have been paid to the Commissioner.

(c)        The labelrequirements for peanuts, cotton and tobacco seed may be limited to:

(1)        Lot identification.

(2)        Origin, if known. Ifunknown, so stated.

(3)        Commonly acceptedname of kind and variety.

(4)        Name and number perpound of noxious‑weed seeds.

(5)        Percentage ofgermination with month and year of tests.

(6)        Name and address ofperson who labeled said seed or who sells, offers, or exposes said seed forsale.

(d)        The provisions ofG.S. 106‑277.3 through 106‑277.7 do not apply:

(1)        To seed or grainsold or represented to be sold for purposes other than for seeding providedthat said seed is labeled "not for seeding purposes" and that thevendor shall make it unmistakably clear to the purchaser of such seed or grainthat it is not for seeding purposes.

(2)        To seed forconditioning when consigned to, being transported to or stored in an approved conditioning establishment, provided that the invoice or labeling accompanyingsaid seed bears the statement "seed for conditioning" and providedfurther that other labeling or representation which may be made with respect tothe unlearned or  unconditioned seed shall be subject to this Article.

(3)        To seed sold by afarmer grower to a seed dealer or conditioner, or to seed in storage in orconsigned to a seed‑cleaning or conditioning plant; provided that anylabeling or other representation which may be made with respect to theunlearned or unconditioned seed shall be subject to this Article.

(4)        To any carrier inrespect to any seed or screenings transported or delivered for transportationin the ordinary course of its business as a carrier; provided that such carrieris not engaged in producing, conditioning, or marketing agricultural orvegetable seeds subject to provisions of this Article.

(e)        No person shall besubject to the penalties of this Article for having sold, offered or exposedfor sale in this State any agricultural or vegetable seeds which were incorrectlylabeled or represented as to origin, kind or variety when such seeds cannot beidentified by examination thereof unless such person has failed to obtain aninvoice or grower's declaration giving origin, kind and variety or to take suchother precautions as may be necessary to insure the identity to be that stated. (1941, c. 114,s. 4; 1943, c. 203, s. 2; 1945, c. 828; 1949, c. 725; 1959, c. 585, s. 1; 1963,c. 1182; 2009‑455, ss. 7, 8.)