Michigan Laws 286.710 – Applicability of MCL 286.703
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Section 3 does not apply to the following:
(a) Seed or grain not intended for sowing purposes.
Terms Used In Michigan Laws 286.710
- Conditioning: means drying, cleaning, scarifying, and other operations that change the purity or germination of the seed and require the seed lot to be retested to determine the label information. See Michigan Laws 286.702
- Label: includes all labels, and other written, printed, or graphic representation in any form, accompanying or pertaining to any seed in bulk or in containers and includes representation on invoices, bills, and letterheads. See Michigan Laws 286.702
- Restricted noxious weed seed: means the seeds of the plants that are objectionable in the fields, lawns, and gardens of this state but can be controlled by ordinary good cultural practices, and that are listed in the rules promulgated under this act. See Michigan Laws 286.702
- Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 286.702
- Treated: means that the seed has received an effective application of substance or method designed to reduce, control, or repel certain disease organisms, fungi, insects, or other pests attacking the seed or seedlings or has received some other treatment to improve its planting value. See Michigan Laws 286.702
- Variety: means a subdivision of a kind that is distinct, uniform, and stable; distinct in the sense that the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that 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 as required by the different categories of varieties; for example, heritage oats, augusta wheat, corsoy soybeans. See Michigan Laws 286.702
- Vendor: means a person engaged in the selling of seed. See Michigan Laws 286.702
- Weed seed: means the seeds of all plants generally recognized as weeds within the state, as determined by methods defined by rule promulgated under this act, and includes prohibited and restricted noxious weed seeds. See Michigan Laws 286.702
(b) Seed stored in, transported to, or consigned to, a conditioning establishment for conditioning if the invoice or label accompanying the shipment of the seed bears the statement “seed for conditioning”. However, any labeling or other representation which may be made with respect to the unconditioned seed is subject to this act.
(c) Except for field bean seed, seed grown, sold, and delivered by the producer on his or her own premises directly to the purchaser if the seed does not contain prohibited noxious or restricted noxious weed seed, prohibited noxious or restricted noxious weed seed in excess of limits provided by rule, or not more than 2% of all weed seed. If, however, the seed is advertised for sale through the medium of the public press, by circular, catalog, or by exposing a sample of the seed, or a printed or written statement pertaining to the seed, in a public place or in any place of business, or if the seed is delivered by a common carrier, except when transported for the purpose of being conditioned as provided in this section, the producer shall be considered a vendor and the seed shall meet all requirements of the act including complete labeling of the seed. For cereal, field bean seed, and soybean seed where the purpose for which the seed is intended may be in question, all seeds advertised for sale by variety name or as conditioned or tested, or treated or offered at a price substantially higher than current market prices, shall be presumed to be offered for seeding purposes and subject to the labeling provisions of this act.
(d) A common carrier with respect to seed transported or delivered for transportation in the ordinary course of its business, if the carrier is not engaged in producing, conditioning, or marketing seed subject to this act.