NRS587.117. When seller not subject to penalty for incorrect labeling or representations.

  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.  The seeds cannot be identified by mere examination;

      2.  The person obtains and relies upon:

      (a) An invoice;

      (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

      (c) Other labeling information; and

      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)