2 Miss. Code. R. 1-3-12-122.2

Current through October 31, 2024
Section 2-1-3-12-122.2

The following are valid conditions and situations which are within the scope and intent of Seed Arbitration proceedings. This is a representation of possible arbitrational claims and does not constitute all possible or valid situations or conditions in which a claim may be heard.

1. Claims where seed did not establish an adequate plant population when planted under favorable environmental conditions and planted properly in depth and at a proper seeding rate are valid.
2. Claims where the actual planting seed is responsible for the transmission of any viral, fungal, bacterial or mycoplasmic disease are valid. Transmission of any nematode through the actual planting seed is also a valid claim. This claim must be supported by observational or analytical testing of a representative sample of the seed.
3. Claims where seed does not meet labeled purity standards concerning pure seed, crop seed, weed seed, and noxious weed seed are valid.
4. Claims where transgenic seed fails to properly express the trait or characteristic for which it was selected are valid. This pertains to all statements concerning insect or herbicide resistance and any other characteristic for which the seed has been selected. Reasonable cultural practices must have been made in accordance with the guidelines of the Seedsman.
5. Claims where seed fails to exhibit the represented and labeled resistance to a certain disease are valid. This includes all representations made by the labeler, however, it does not apply to representations or claims of moderate or partial resistance or susceptibility or any other phrasing as such.
6. Claims where seed does not represent labeled traits or characteristics that can be analytically tested or visually identifiable are valid.

2 Miss. Code. R. 1-3-12-122.2

Miss. Code Ann. § 69-3-17.
Adopted 12/21/2020