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250.031 Application of KRS 250.021 to 250. 111.
(1)
(2)
(3)
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.
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.
The director may by administrative regulation omit the requirement for variety
designation on labels of seed kinds not commonly sold by variety name.
Effective: April 8, 1994
History: Created 1994 Ky. Acts ch. 370, sec. 2, effective April 8, 1994.
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