A person is not subject to the penalties of ORS § 633.992 for having sold, offered for sale, exposed for sale or transported in this state any agricultural, flower or vegetable seed, that:

(1) Is incorrectly labeled or represented as to kind and variety or origin, if the seeds cannot be identified except by a field test, when such person:

(a) Obtains an invoice or grower’s declaration stating the kind, or kind and variety, and origin, if required;

(b) Takes such invoice or grower’s declaration in good faith; and

(c) Takes such other precautions as are reasonable to ensure the identity of the seeds to be as stated.

(2) Does not conform to the label on the container, but is within the tolerances authorized by the director under ORS § 633.680 (1). [1955 c.379 § 21; 1971 c.489 § 4; 2007 c.281 § 11]