(1) When any farmer alleges that agricultural, vegetable, or flower seeds fail to conform to the label attached to the seeds, as required by Sections 46-21-210 and 46-21-240, as a prerequisite to his right to maintain a legal action against the dealer from whom the seeds were purchased, the farmer shall make a sworn complaint against the dealer indicating in what respects the seeds appear to be deficient. The complaint must be filed with the Department of Agriculture, and a copy of the complaint must be served on the dealer by certified mail, within such time as to permit inspection of the seeds, crops, or plants by the seed arbitration committee or its representatives and by the dealer from whom the seeds were purchased. The language setting forth the requirements for filing and serving the complaint must be legibly typed or printed on a label attached to or on the package containing the seeds at the time of purchase by the farmer. If language setting forth the requirements is not so placed on a package label or on the package itself the filing and serving of a complaint under this subsection are not required. Any party to a judicial action alleging damages from the failure of seeds purchased from a seed dealer to perform as labeled may request an investigation by the arbitration committee as long as sufficient time remains to permit inspection of the seeds, crops, or plants. Any investigation, findings, reports, and recommendations of the committee may be considered by the court in such a judicial action. Within ten days after receipt of a copy of the complaint, the dealer shall file with the department his answer to the complaint and serve a copy of the answer on the farmer by registered mail. The Commissioner of Agriculture shall refer the complaint and the answer to the arbitration committee provided in Section 46-21-270 for investigation, findings, and recommendations on the complaints. Upon receipt of the findings, and recommendations of the arbitration committee, the Commissioner shall transmit them to the farmer and to the dealer by registered mail.
(2) The commissioner shall refer the complaint and the answer to the arbitration committee provided in Section 46-21-270 for investigation, findings, and recommendation on the complaints. Upon receipt of the findings and recommendation of the arbitration committee, the commissioner shall transmit them to the farmer and to the dealer by registered mail.