A person who sells or offers to sell seeds which are subject to the provisions of NRS 587.015 to 587.123, inclusive, is not subject to a penalty for incorrect labeling or representation as to kind, species, variety, type or origin, elevation and year of collection, if applicable, of such seeds if:

1. 1. The seeds cannot be identified by mere examination;

2. 2. The person obtains and relies upon:

   1. (a) An invoice;
   2. (b) A declaration of a grower or a seedsman of trees, which states that the grower or seedsman has records to prove the progeny of seed of the same origin; or
   3. (c) Other labeling information; and
3. 3. The person takes other precautions as are reasonable to ensure that the labeling and representations are correct.

(Added to NRS by 1969, 363; A 1985, 632)