Sec. 61.016. EXCEPTIONS. (a) Sections 61.001, 61.003-61.005, and 61.008 of this code do not apply to:
(1) seed or grain not intended for sowing purposes;
(2) seed in storage for cleaning or conditioning, if the label or other records pertaining to the seed bear the phrase "seed for conditioning"; or
(3) seed being transported or consigned to a seed cleaning or conditioning establishment for cleaning or conditioning, if the invoice or labeling accompanying the seed bears the phrase "seed for conditioning."
(b) The exceptions provided by Subsection (a) of this section do not affect the criminal liability of a person for false or misleading labeling or advertising of unclean seed under Section 61.018 of this code.
(c) This chapter does not prevent one farmer from selling to another farmer seed grown on his or her own farm without having the seed tested or labeled as required by this chapter if the seed:
(1) is not advertised in the public communications media outside the vendor's home county;
(2) is not sold or offered or exposed for sale by an individual or organization for the farmer; and
(3) is not shipped by a common carrier.
Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle A - Seed and Fertilizer
Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed
Section 61.002. Administration; Rules
Section 61.003. Classification of Seeds
Section 61.004. Labeling of Agricultural Seed
Section 61.005. Labeling of Vegetable Seed
Section 61.006. Labeling of Treated Seed
Section 61.007. Certified Seed
Section 61.008. Noxious Weed Content
Section 61.009. Germination and Purity Testing
Section 61.010. Inspection of Seed
Section 61.011. Agricultural Seed Inspection Fee and Permit
Section 61.012. Cancellation or Revocation of Agricultural Seed Permit
Section 61.013. Vegetable Seed License
Section 61.0135. Revocation, Modification, or Suspension of License
Section 61.014. Stop-Sale Order