New Hampshire § 433-6 - Section 433:6 Exemptions.

§ 433-6. Section 433:6 Exemptions.

I. The provisions of RSA 433:2, 3 and 4 shall not apply to: (a) Seed or grain not intended for sowing purposes. (b) Seed in storage in, or being transported to or consigned to a cleaning or processing establishment for cleaning or processing, provided that the invoice or labeling accompanying any shipment of such seed bears the statement "seeds for processing"; and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this subdivision. (c) Any carrier with 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 producing, processing, or marketing seeds subject to the provisions of this subdivision. II. No person shall be subject to a penalty under this subdivision for having sold or offered for sale seeds subject to provisions of this subdivision which were incorrectly labeled or represented as to kind; species; subspecies, if appropriate; variety; type; origin; elevation; or year of collection, if required, when the seeds cannot be identified by examination of them, unless he 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 insure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed, such as invoice and labels. III. The provisions of RSA 433:3 and 4 shall not apply to tree seed produced by the consumer or sellers of less than 25 pounds of fruit, flower, or vegetable seeds per year.