(a) Sections 43-10-104 – 43-10-108 do not apply:

Terms Used In Tennessee Code 43-10-110

  • Conditioning: means cleaning, scarifying, treating, or blending to obtain uniform quality, and other operations that would change the purity or germination of the seed and therefore require testing to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed. See Tennessee Code 43-10-103
  • Kind: means one (1) or more related species or subspecies that singly or collectively are known by one (1) common name. See Tennessee Code 43-10-103
  • Labeling: includes 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 of invoices. See Tennessee Code 43-10-103
  • Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See Tennessee Code 43-10-103
  • Person: includes any individual, partnership, corporation, company, society, association, or legal entity. See Tennessee Code 43-10-103
  • Screenings: includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning. See Tennessee Code 43-10-103
  • Seed seller: means a person who buys, sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of agricultural or vegetable seeds for seeding purposes, and includes any person who has seed grown under contract for resale for seeding purposes. See Tennessee Code 43-10-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Variety: means a subdivision of a kind that is:
    (A) Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics. See Tennessee Code 43-10-103
  • Vegetable seeds: includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state. See Tennessee Code 43-10-103
(1) To seed or grain sold or represented to be sold for purposes other than for seeding; provided, that the seed is labeled “not for seeding purposes” and that the seed seller shall make it unmistakably clear to the purchaser of such seed or grain that it is not for seeding purposes;
(2) To seed for conditioning when consigned to being transported to or stored in a conditioning establishment; provided, that the invoice or labeling accompanying the seed bears the statement “Seed for conditioning”; and provided further, that other labeling or representation that may be made with respect to the uncleaned or unconditioned seed shall be subject to this part;
(3) When grown, sold, and delivered by the producer on the producer’s own premises, to the purchaser personally for seeding purposes. If, however, the seed is advertised for sale through any public medium or if the seed is delivered by a common carrier, except transported for the purposes of being recleaned as hereinafter provided, the seed must be labeled in accordance with this part; and
(4) To any carrier in respect to any seed or screenings transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, conditioning, or marketing agricultural or vegetable seeds or screenings subject to this part.
(b) No person shall be subject to the penalties of this part for having sold, offered or exposed for sale in this state any agricultural or vegetable seeds that were incorrectly labeled or represented as to origin, kind, or variety when such seeds cannot be identified by examination, unless such person has failed to obtain an invoice or genuine grower’s declaration giving origin, kind, and variety or to take such other precautions as may be necessary to ensure the identity to be that stated.
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