                                 CODE OF VIRGINIA

EXEMPTIONS FROM CERTAIN PROVISIONS (§ 3.2-4016)

A. The provisions of §§ 3.2-4008 and 3.2-4015 and subdivision 6 of § 3.2-4001
shall not apply to:

   1. Seed or grain sold or represented to be sold for purposes other than for
   planting, except as required by subsection F of &#xA7; 3.2-4008;

   2. Seed for conditioning when: (i) consigned to, being transported to, or
   stored in a processing establishment; and (ii) the accompanying invoice or
   labeling bears the statement &#8220;Seed for conditioning&#8221;;

   3. Any carrier of seed or screenings in the ordinary course of business
   provided that the carrier does not also produce, condition, or market
   agricultural, vegetable, flower, tree and shrub, lawn and turf seeds, or
   screenings; and

   4. Untested seed sold on his own premises by a grower who collected gross
   receipts for selling seeds produced by him of $1,000 or less during the
   preceding year provided that the seed bears the statement &#8220;These seeds
   have not been tested&#8221; on each package or bag.

B. The provisions of § 3.2-4009 shall not apply to any person who sells or
offers 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 has
   been 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 he fails to:
   (i) obtain an invoice or grower&#8217;s declaration or other labeling
   information; or (ii) take other reasonable precautions to insure the identity
   is that stated; and

   3. Any tree or shrub seeds that are incorrectly labeled or represented as to
   subspecies, locality of collection, or year of collection unless he fails to:
   (i) obtain an invoice, grower&#8217;s declaration, or other labeling
   information; or (ii) take other reasonable precautions to insure the accuracy
   of these statements as presented on the label.

HISTORY: Code 1950, § 3-219.6; 1958, c. 483; 1966, cc. 9, 702, § 3.1-267;
1994, c. 577; 2008, c. 860.