(1) This article does not apply to:
Seed not intended for propagation; except that screenings are subject to the requirements of section 35-27-113 (1)(e);
Seed in storage in or consigned to a seed conditioning establishment for conditioningor for sale outside the state; except that:
(I) Disclosure of information concerning the holding, sale, and transportation of such seed shall be provided:
On the labels attached to such seed; or
Upon request; and
(II) All labeling and advertisements made regarding such seed are subject to this article;
Seed sold or consigned to a merchant, if such seed is to be recleaned before it is soldfor propagation; except that the seller or consignor of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;
Seed of a variety not protected by the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, sold on a grower's premises and delivered to a purchaser, if such seed is: Grown on such grower's premises, not delivered by common carrier or by mail, and not commercially advertised in any way; except that such seed shall be subject to the noxious weed provisions of section 35-27-113 (2), and the grower of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;
Seed brought into the state by the Colorado agricultural experiment station for experimental purposes or for storage in the USDA-ARS national center for genetic resources preservation;
Any person who produces seed for such person's own use on property owned orrented by such person or such person's employer;
Seed held for wholesale transactions; except that such seed shall be subject to thelabeling requirements of section 35-27-105;
Seed potatoes as defined in section 35-27.3-103.
(2) Any person who acts as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state shall be subject to this article.
Source: L. 93: Entire article R&RE, p. 1004, § 1, effective July 1. L. 99: (1)(d) amended, p. 189, § 4, effective March 31. L. 2007: (1)(e) amended, p. 642, § 2, effective April 26. L. 2010: IP(1) amended and (1)(h) added, (SB 10-072), ch. 384, p. 1793, § 4, effective July 1.
Cross references: For the "Federal Seed Act", see 7 U.S.C. § 1551 et seq.