Rules for grading and classification of agricultural products.

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(a) Subject to (b) of this section, the commissioner may adopt rules, regulations, and procedures requiring the classification, grading, and inspection of agricultural products before the products are sold or offered for sale for general consumption , and requiring the marking or labeling of a sack, box, carton, or other container of an agricultural product to show the kind, grade, or other prescribed classification of the container's contents.

(b) A rule, regulation, or procedure adopted under (a) of this section does not apply to the noncommercial transfer of seed under AS 03.20.110 or the giving or exchanging of seed through a community seed library under AS 03.20.120(a), unless the seed

(1) does not comply with requirements applicable under AS 03.20;

(2) contains seed of a patented, protected, or proprietary variety used without permission of the patent or certificate holder of the intellectual property associated with the variety;

(3) has been misrepresented as seed classified, graded, or inspected under (a) of this section; or

(4) contains prohibited or restricted weed seed or seed from a species the department has determined is noxious.


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