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Seedway Hemp Seed License and Master Sales Agreement

State Specific Addendum

The following notices and terms are provided, specific to Buyer’s state:

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.

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 Illinois Seed Arbitration Act, 710 ILCS 25/1 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.

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.

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.