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.
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