(b) This part shall not apply:

1. (1)

   1. (A) To untreated seed distributed, sold, or transported for food or feed purposes, and not distributed, sold or recommended for planting purposes, except that:

(i) 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

1. (ii) 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 subsection (b) unless each bag or other container is plainly and conspicuously marked or tagged "Not for Planting Purposes."

   1. (B) 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 part;
2. (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 this part; or

3. (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.

   1. (c)
4. (1) Bermudagrass and Johnsongrass may be sold as agricultural seed for planting purposes in a pure state or in mixtures.

5. (2) Seed containing Bermudagrass or Johnsongrass in amounts of less than five percent (5%) may be sold, provided that:

   1. (A) A warning tag, obtained from the State Plant Board, is attached to each bag; and
   2. (B) The number of these seeds per pound is shown on the analysis tag.