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209.02.11-3. Exceptions.

AR ADC 209.02.11-3Arkansas Administrative Code

West's Arkansas Administrative Code
Title 209. Department of Agriculture
Division 02. State Plant Board / Plant Industries Division
Rule 11. Regulations on the Sale of Planting Seed in Arkansas (Refs & Annos)
Ark. Admin. Code 209.02.11-3
209.02.11-3. Exceptions.
Currentness
A. There shall be no exceptions for chemically treated seed.
B. These regulations shall not apply:
1. To untreated seed distributed, sold, or transported for food or feed purposes, and not distributed, sold or recommended for planting purposes, except that (l) small grains, corn and soybeans, when distributed, sold, or transported for other than planting purposes must be branded or tagged to indicate plainly that they are not for planting purposes, and (2) if seeds are tagged, branded, or otherwise marked to show a variety name or to indicate or suggest in any way that they are suitable for planting purposes, such seed are not exempt under this paragraph unless each bag or other container is plainly and conspicuously marked or tagged “Not for Planting Purposes.”
NOTE: For rice, small grain and soybean seed where the purpose for which the seed is intended may be in question, all seeds advertised for sale in any manner, or as processed 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 / licensing provisions of this chapter.
2. To seed sold by a farmer or grower to a seed dealer or processor, or in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to the provisions of these regulations.
3. To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if such carrier is not engaged in producing, processing, or marketing agricultural seed.
C. Bermudagrass and Johnsongrass may be sold as agricultural seed for planting purposes in a pure state or in mixtures. Seed containing Bermudagrass or Johnsongrass in amounts of less than 5% may be sold, provided that a warning tag, obtained from the Plant Board, is attached to each bag, and provided that the number of these seeds per pound is shown on the analysis tag.

Credits

Amended April 19, 2014.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 209.02.11-3, AR ADC 209.02.11-3
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