(3) The validity of a contract for the sale of Quality Declared Seed, or the right to enforce such a contract, shall not be affected by non-compliance with this section. (4) For the purposes of this section (a) the expression "in bulk quantities" includes any quantity of seed, but does not include seed which is packed and sold in sealed containers; (b) the word "sale" includes "gift". 36.Subject to the provisions of section 34, if a sample of any Quality Declared Seed is, upon test, found and reported by an official seed-analyst not to conform to the seed standards, the Controller of Seeds may (a).if such Quality Declared Seed has been seized and detained in accordance with the provisions of this Act , (i).subject to conditions of sale and use, direct its return either to the owner-thereof or to the person from whose custody or control the sample was taken. (ii) order it to be destroyed without payment or compensation to the owner if, upon reasonable grounds the owner is satisfied that itis in a state that is dangerous to public health or injurious to animals or plants. '. '. --"--"'~~"~'"'''"~------''''''"'----'-''-<--'''~'"'"~''--"~'"' "' (b).if the Quality Declared Seed has not been seized or detained in accordance with the provisions of this Act (i) permit the owner thereof to retain the Quality Declared Seed subject to such conditions as to its sale or use as the Controller of Seeds may impose; (ii) order it to be destroyed at the premises where located or to be seized by the Controller of Seeds and destroyed, in either case without payment of compensation to the owner if, upon reasonable grounds, is satisfied that it is in a state dangerous to public health or injurious to animals or plants. 19