(1) The provisions of s. 578.13 shall not apply to any common carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier. Provided, that such carrier is not engaged in processing or merchandising seed subject to the provisions of this law.
(2) The provisions of ss. 578.09 and 578.13 do not apply to:

(a) Seed or grain not intended for sowing or planting purposes.

Terms Used In Florida Statutes 578.10

  • Dealer: means any person who sells or offers for sale any agricultural, vegetable, flower, tree, or shrub seed for seeding purposes, and includes farmers who sell cleaned, processed, packaged, and labeled seed. See Florida Statutes 578.011
  • Kind: means one or more related species or subspecies which singly or collectively is known by one common name; e. See Florida Statutes 578.011
  • Label: means the display or displays of written or printed material upon or attached to a container of seed. See Florida Statutes 578.011
  • Labeling: includes all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to any seed, whether in bulk or in containers, and includes invoices and other bills of shipment when sold in bulk. See Florida Statutes 578.011
  • Origin: means the state, District of Columbia, Puerto Rico, or possession of the United States, or the foreign country where the seed were grown, except for native species, where the term means the county or collection zone and the state where the seed were grown. See Florida Statutes 578.011
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Processing: means conditioning, cleaning, scarifying, or blending to obtain uniform quality and other operations which would change the purity or germination of the seed and, therefore, require retesting to determine the quality of the seed. See Florida Statutes 578.011
  • Tree seed: means seed of a woody perennial plant typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. See Florida Statutes 578.011
  • Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Florida Statutes 578.011
  • Variety: means a subdivision of a kind which is distinct in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that the variations in essential and distinctive characteristics are describable; and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted. See Florida Statutes 578.011
(b) Seed stored in, consigned to, or being transported to seed cleaning or processing establishments for cleaning or processing only. Any labeling or other representation which may be made with respect to the unclean seed is subject to this law.
(c) Seed under development or maintained exclusively for research purposes.
(3) If seeds cannot be identified by examination thereof, a person is not subject to the criminal 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, and, if appropriate, subspecies, variety, type, or origin, elevation, and, if required, year of collection unless he or she has 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 of the seeds to be as stated by the grower. A genuine grower’s declaration of variety must affirm that the grower holds records of proof of identity concerning parent seed, such as invoice and labels.
(4) When seeds are sold from a duly labeled container and taken therefrom in the presence of the purchaser, the container in which such seeds are delivered to the purchaser will not be required to have a label or tag unless so requested by the purchaser. This, however, shall not relieve or exempt any seed dealer from any liability imposed by the Florida Seed Law.
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