Delaware Code Title 3 Sec. 1506 – Exemptions
(a) Sections 1502 through 1504 of this title do not apply to any of the following:
(1) To seed or grain not intended for sowing purposes.
(2) To seed in storage in, or being transported, or consigned to a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of the seed bears the statement “seed for processing,” and that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed is subject to §§ 1502 through 1504 of this title.
(3) 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, processing, or marketing seeds subject to this chapter.
(4) To seed sold by 1 farmer to another if the seed has not been advertised for sale or delivered through a carrier.
(5) To grain sold by farmers for cover crop purposes and not delivered through a common carrier.
Terms Used In Delaware Code Title 3 Sec. 1506
- Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy. See Delaware Code Title 3 Sec. 1501
- Labeling: means all labels, in any form, including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices. See Delaware Code Title 3 Sec. 1501
- Origin: means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown. See Delaware Code Title 3 Sec. 1501
- Person: includes any individual, partnership, corporation, company, society, or association. See Delaware Code Title 3 Sec. 1501
- Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Delaware Code Title 3 Sec. 1501
- Variety: means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) No person shall be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter which were incorrectly labeled or represented as to kind, species, subspecies if appropriate, variety, type or origin, elevation, or year of collection, if required, if the seeds cannot be identified by examination, unless the person failed to obtain an invoice, genuine grower’s or tree seed collector’s declaration, or other labeling information and to take such other precautions as may be reasonable to ensure the identity to be the identity stated.
(c) Sections 1503 and 1505 of this title do not apply to tree seed produced by the consumer.
36 Del. Laws, c. 91, § ?7; Code 1935, § ?661; 44 Del. Laws, c. 66, §§ ?1, 5; 3 Del. C. 1953, § ?1504; 52 Del. Laws, c. 70, § ?1; 57 Del. Laws, c. 147, § ?1; 83 Del. Laws, c. 527, § 3;