2007 California Food and Agricultural Code Article 3. Exceptions

CA Codes (fac:52311)

52311.  A person is not subject to the penalties which are
prescribed by this chapter in any of the following cases:
   (a) For selling in this state any agricultural or vegetable seed
which is incorrectly labeled or represented as to kind, variety, or
type, which seed cannot be identified by examination of it, unless he
has failed to obtain an invoice or grower's declaration which gives
the commonly accepted name of the kind, kind and variety, or kind and
type, and to take such other precautions as may be necessary to
insure the identity to be that which is stated.
   (b) As to any matter which is required by Article 8 (commencing
with Section 52451) of this chapter, for selling such seed in
original unopened sealed packages which are fully labeled by another
dealer, unless he has failed to have such seed retested and relabeled
as to the percentage of germination within the period which is
prescribed by Section 52481, or unless he has failed to correct the
label after notice that such label has been found to be incorrect.
   (c) For shipping, delivering, transporting, or selling within this
state any agricultural or vegetable seed which has a false labeling
as to percentage of germination or hard seeds, unless he has first
been given an opportunity by the director to be heard.  This
exemption does not, however, relieve any person from the obligation,
upon order of an enforcement official, to stop further sale of any
seed which is found to be incorrectly labeled as to germination, nor
does it exempt such seed from seizure pursuant to this chapter.