No person may be subjected to the penalties of AS 03.05.090 for selling, offering, exposing for sale, or transporting in this state any agricultural or vegetable seed that;

1. (1) is incorrectly labeled or represented as to kind and variety or origin, and which cannot be identified except by a field test, when that person

   1. (A) obtains an invoice or grower's declaration stating the kind, or kind and variety, and origin, if required;
   2. (B) takes the invoice or grower's declaration in good faith; and
   3. (C) takes other precautions as are reasonable to insure the identity of the seeds to be as stated;
2. (2) does not conform to the label on the container, but is within the tolerances authorized by the director under this chapter; or
3. (3) is in violation of this chapter, but is allowed sale or movement under specific written permission of the director.

(Eff. 10/28/83, Register 88)

Authority: AS 03.05.010, AS 03.05.030, AS 44.37.030