The following notices and terms are provided, specific to Buyer’s state and the location of planting of the Seed.  Buyer agrees and acknowledges that where the Buyer has agreed to receive this addendum by electronic means, Buyer considers this addendum to have been included with and/or attached to the bag or label for the seed purchased.

ALABAMA

Code of Alabama § 2-26-70 et seq. provides a Buyer an opportunity to submit a complaint to the Commissioner of Agriculture and Industry within ten (10) days of discovery of a claimed defect.  Please consult Code of Alabama § 2-26-70 et seq. or your own attorney for further details. 

ARKANSAS

Arkansas Code § 2-23-102 et seq. provides for arbitration under the following notice: 

NOTICE OF MANDATORY ARBITRATION 

As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to produce as represented, a consumer shall file a sworn complaint with the Director of the State Plant Board within such time as to permit inspection of the crops or plants during the growing season.”

CALIFORNIA

California Code of Regulations Section 3915.1 requires the following notice:

ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES

Under the seed laws of several states, arbitration, mediation or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint (sworn for AR, FL, IN, MS, SC, TX, WA; signed only CA, GA, ID, ND, SD) along with the required filing fee  (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops, plants or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.

COLORADO

Colorado Revised Statutes § 35-27-123 requires the following notice:

NOTICE OF REQUIRED ARBITRATION 

UNDER THE “COLORADO SEED ACT”, ARTICLE 27 OF TITLE 35, COLORADO REVISED STATUTES, ARBITRATION IS REQUIRED AS A PREREQUISITE TO CERTAIN LEGAL ACTIONS, COUNTERCLAIMS, OR DEFENSES AGAINST A SELLER OF SEED. INFORMATION ABOUT THIS REQUIREMENT MAY BE OBTAINED FROM THE COLORADO COMMISSIONER OF AGRICULTURE. 

FLORIDA

Florida Statute § 578.09 and 578.26(1)(c) require the following information be included for the grower: 

Florida Statute § 578.26(1)(a) requires that when a buyer is damaged by the failure of seed planted in this state to produce or perform as represented by the labeling, the grower is required as a prerequisite to her or his right to maintain a legal action against the dealer to make a sworn complaint alleging the damages and file the complaint with the Florida Department of Agriculture and Consumer Services (and the Department to forward it to the dealer by certified mail) within such time to permit inspection of the property and crops by Florida’s Seed Investigation and Conciliation Council and the dealer.  A filing fee of $100 is owed by the grower at the time of the filing of the complaint.  For more information, please consult Florida Statute 578.26.

GEORGIA

The Official Code of Georgia C.G.A. 2-11-72(a) and Rule 40-12-6-.02 require the following notice: 

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of several states arbitration is required as a prerequisite to maintaining a legal action against the seller of the seed in any dispute relating to the quality or performance of the seed sold. The purchaser shall file a complaint along with the required filing fee (where applicable) with the Commissioner or Chief Agricultural Officer within such time as to permit inspection of the crops, plant or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.

IDAHO

Idaho Code § 22-436 requires the following notice: 

NOTICE OF REQUIRED ARBITRATION 

Under the seed laws of some states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims or defenses against a seller of seed. The buyer must file a complaint along with the filing fee with the Idaho Department of Agriculture within such time as to permit inspection of the crops, plants or trees. The buyer shall notify and serve a copy of the complaint upon the seller by certified mail. 

ILLINOIS

Under the Illinois Seed Arbitration Act, 710 ILCS 25/1 et seq., a Buyer is required to submit to arbitration prior to any civil claim.  Please consult Code of Alabama § 2-26-70 et seq. or your own attorney for further details.

INDIANA

Indiana Code §15-15-5-1 et seq. provides for arbitration under the following notice:

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of Indiana and some other states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed. Information about this requirement, where applicable, may be obtained from a state’s seed commissioner or the Indiana State Department of Agriculture.

MINNESOTA

Minnesota Statute § 1572.0020 subd. 5 A. requires for the following notice: 

Arbitration is required as a precondition of maintaining certain legal actions, counter-claims, or defenses against a seller of seed for damages for the failure of seed for planting to produce or perform as represented by a seed tag or label.

MISSISSIPPI

Mississippi Code §69-3-22 requires the following notice:

NOTICE

As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to properly produce or perform, as represented by the label or labeling, a consumer shall file a sworn complaint with the Commissioner of Agriculture and Commerce within such time as to permit inspection of the crops, plants or trees.

MONTANA

Montana Code § 80-5-502 requires the following notice:

ALTERNATIVE DISPUTE RESOLUTION REQUIRED BY STATE LAW

Under Montana agricultural seed laws, alternative dispute resolution is required as a prerequisite to maintaining a legal action based upon the failure of the agricultural seed to which this notice is attached to produce as represented. The consumer shall file a complaint along with the filing fee, when applicable, with the Director of the Department of Agriculture allowing sufficient time to permit inspection of the crops, plants, or trees by the designated agency and the seller from whom the agricultural seed was purchased. A copy of the complaint must be sent to the seller by certified mail or as otherwise provided by state law.

NORTH CAROLINA

North Carolina Gen. Stat. § 106-277.31 requires the following notice:

Notice of Claims Procedure for Defective Seed

North Carolina provides an opportunity for persons who believe that they have suffered damage from the failure of agriculture or vegetable seeds to perform as labeled or warranted, or as a result of negligence, to have the matter investigated and heard before a special seed board as an alternative to filing a court action. To take advantage of this procedure, a purchaser of seed must file a complaint with the North Carolina Commissioner of Agriculture in time for the seed, crop, or plants to be inspected. Failure to follow this procedure will limit the amount of damages you may be able to recover. Please contact the Commissioner of Agriculture for information about this claims procedure.

SOUTH CAROLINA

South Carolina Code § 46-21-1010 requires the following notice:

ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES

Pursuant to the seed law of several states arbitration, mediation, or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint along with the required filing fee, if applicable, with the Commissioner of Agriculture, Seed Commissioner, or Chief Agricultural Officer within that time as to permit inspection of the crops, plants, or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint must be sent to the seller by certified or registered mail or as otherwise provided by state statute.

SOUTH DAKOTA

Under South Dakota Codified Law 38-12A-21, you are provided the following notice:

NOTICE

As part of the terms and conditions of sale, you are required to submit any claim relating to the seed or resulting crops to arbitration.  For more information about the timing and process for submitting such a claim, please refer to S.D.C.L 38-12A-23 through 26.

TEXAS

Texas Code § 64.003 requires the following notice: 

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of Texas, arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed.  Information about this requirement may be obtained from the state commissioner of agriculture.

WASHINGTON

Revised Washington Code § 15.49.071 requires mediation as a prerequisite to legal action.  Please consult Revised Washington Code § 15.49.071 et seq. or your own attorney for further details.