1. (a) Nature of “Registration” and/or “Certification.” The terms “registration” and/or “certification” as used in these Programs mean that Department employees or agents have visually inspected growing grounds and crops thereon as described in this article. The terms do not mean that the Department has inspected or is responsible for nuclear or parent stock, or that the Department has control over the labeling of the stock by Program participants. Registration and/or certification does not guarantee or warrant that the articles to which foundation, registration or certification tags are attached, or which are otherwise represented as foundation, registered or certified are merchantable or fit for a particular purpose.
2. (b) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, regarding all plants, plant parts, and plant materials under any Nursery Stock Registration and/or Certification Program. The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with these Programs. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept any financial responsibility on behalf of the Department regarding these Programs, except as provided in this section.

3. (c) Each participant in a specific Program shall be required to sign the following Agreement as a condition of participation:

   1. (1) The undersigned grower is a participant in the (specific Registration and/or Certification) Program of the Department of Food and Agriculture. Applicant understands that the following limitations of liability apply:

      1. (A) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
      2. (B) The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program.
      3. (C) In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant material.
      4. (D) No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069.

      LIMITATIONS OF LIABILITY

   2. (2) Participant agrees to the above limitations of liability and further agrees:

      1. (A) To waive any and all causes of action for damages, indemnification, or otherwise, which may accrue to the applicant in any manner against the State of California, the Department, its officers, agents, and employees in connection with the Department's participation in the Program;
      2. (B) To indemnify, defend and save harmless the State of California, the Department and its officers, agents, and employees from any and all claims or losses occurring or resulting from the Department's participation in the Program in connection with participant's activities;
      3. (C) To attach to each container of foundation, registered or certified nursery stock a tag, accurately and fully completed. In lieu of a tag on each container, a notice, accurately and fully completed, may be printed on or attached to each bulk delivery invoice. Each tag and notice will be in the form provided by 3 California Administrative Code Subarticle 10 Section 3069(d); and

      4. (D) Not to advertise or otherwise represent that the Department certifies freedom from disease, genetic disorder, off-type or any aspect of performance, nor that the Department has any financial responsibility with regard to the Program.

         This agreement shall be deemed to incorporate future amendments to the Food and Agricultural Code and 3 California Administrative Code relating to the Nursery Stock Registration and/or Certification Program.

         The agreement shall remain in effect for the current and each succeeding year of Program participation.

         Date

         Name of Grower

         By

         Title

         Street Address

         City and Zip Code

         Note: If participant is a sole proprietorship, the owner must sign; if a partnership, a managing partner; if a corporation, an executive officer. Keep a signed copy for your file.

   CALIFORNIA NURSERY STOCK REGISTRATION AND/OR CERTIFICATION PROGRAM

   3 California Administrative Code Subarticle 10 Section 3069. et seq.

   READ THIS DOCUMENT CAREFULLY AND COMPLETELY BEFORE SIGNING DISCLAIMER OF WARRANTIES AND NONLIABILITY AND INDEMNIFICATION AGREEMENT

4. (d) Following is the statement required on each tag or notice which is to be used by Program participants, as stated in Subsection (c):

   1. (1) Tag

      (FRONT OF TAG, WHICH STATES PROGRAM NAME)

      NOTICE OF NONLIABILITY AND DISCLAIMER OF WARRANTIES.

      THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS AND PLANT MATERIALS UNDER THE PROGRAM. (CONTINUED ON REVERSE OF THIS TAG.)

      The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant materials involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069.

      The grower, whose name and participation number appear on the other side, is responsible for all information filled in on this tag.

      Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion/Nursery Program, 1220 N Street, Room 427, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot or block number and serial number shown on the face of this tag.

   2. (2) Bulk Delivery Invoice Notice (which states Program name).

      DISCLAIMER OF WARRANTIES AND NOTICE OF NONLIABILITY

      THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS, AND PLANT MATERIALS UNDER THE PROGRAM.

      The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant materials involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or to accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069.

      The grower, whose name and participation number appear on this document, is responsible for all information filled in on this document.

      Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion/Nursery Program, 1220 N Street, Room 427, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot number shown on this document.

Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.

History

1. New Article 15 (Section 3069) filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1).