(a)  The provisions of §§ 2-6-3 and 2-6-4 do not apply:

(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 any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed is subject to this chapter; or

(3)  To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier provided the carrier is not engaged in producing, processing, or marketing agricultural or vegetable seeds subject to the provisions of this chapter.

Terms Used In Rhode Island General Laws 2-6-6

  • Kind: means one or more related species or sub-species which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa, and timothy. See Rhode Island General Laws 2-6-2
  • Labeling: means all labels, and other written, printed, or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices. See Rhode Island General Laws 2-6-2
  • Person: means any individual, partnership, corporation, company, society, or association. See Rhode Island General Laws 2-6-2
  • Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Rhode Island General Laws 2-6-2
  • Variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind. See Rhode Island General Laws 2-6-2
  • Vegetable seeds: means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state. See Rhode Island General Laws 2-6-2

(b)  No person is subject to the penalties of this chapter for having sold or offered or exposed for sale agricultural or vegetable seeds which were incorrectly labeled or represented as to kind, variety, type or origin (if required) which seeds cannot be identified by examination, unless the person has failed to obtain an invoice, genuine grower’s declaration or other labeling information and to take any other precautions that may be reasonable to insure the identity to be that stated.

History of Section.
P.L. 1978, ch. 371, § 2.