Chap. 286.—An ACT to regulate the sale of agricultural seeds, to provide a
standard of purity for such seeds, to prescribe penalties for the violation
of this act, and vesting the execution and enforcement of this act in
the commissioner of agriculture.

Approved March 16, 1910.

1. Be it enacted by the general assembly of Virginia, That no person,
firm or corporation shall by himself, his agent or representative of any
other person, firm or corporation, sell or offer for sale or distribution
within the State for seeding purposes any lot or package of agricultural
seeds, fifty pounds or more, unless the same, when put up in either open
or closed packages, shall have attached thereto a label on which is plainly
printed or written, in the English language:

First. Name and kind of seed.

Second. Full name and address of seedsman, importer, agent or
dealer.

Third. The approximate percentage of purity or freedom of such
seed from foreign matter, or from other seeds distinguishable by their
appearance.

Fourth. Seeds that are up to the required standard of purity, as pro-
vided by the State board of agriculture, can be marked standard seeds.

2. For the purposes of this act the term “agricultural seeds” shall
include seed of the red clover either medium or mammoth, white clover,
alsike clover, crimson clover, alfalfa, timothy, orchard grass, Kentucky
blue grass, red top, bromis inermis, oat grass, rye grass, the fescues, the
millets, other grass and clover seeds, flax, vetch, rape and cereals.

3. First. No agricultural seeds, as defined in section two of this
act shall be sold or offered for sale or distribution within the State,
which contain in greater numbers than one to two thousand of the seeds
under examination, the seeds of the following named noxious weeds:
Canada thistle (carduus arvensis L.), Russian thistle (salsola tragus L.),
couch, quack or quitch grass (agropyron repens L.), clover dodder (cus-
cuta epithymum L.), field dodder (cuscuta arvensis L.), sow thistle (son-
chus arvensis).

Second. Where the seeds of the weeds mentioned herein are present
in larger numbers than one to two thousand of the seed being examined,
and if containing any seed or bulb of wild onion, English charlock
(raphanus raphanistrum L.), wild oats, a statement shall be so made on
the label attached to the package, naming the weed seeds present therein,
and per centum of same.

4. First. The seeds of the following named weeds shall be classed as
impurities in agricultural seeds, as defined in section two of this act:
Sheep sorrel (rumex acetosella), green fox-tail (chaetochloa viridis L.),
yellow fox-tail or pigeon grass (setara glauca L.), night flowering catch-
fly (silene noctiflora L.), black wild mustard (brassica arvensis), seeded
plantain (plantago rugelii), common plantain (plantago major), buck-
horn or narrow leaf plantain (plantago lauceolata), curled dock (rumex
crispsus), pigweed (amaranthus retroflexus L.), lamb’s quarters (cheno-
podium album L.), lady’s thumb or smart weed (polygonum amphi-
brum), yellow trefoil (medicago lupulina), burr clover (medicago denti-
culata), sweet clover (melilotus alba and officinalis), chick weed (stelavia
media), orange hawkweed (hieracium aurantiacum L.), black bindweed
(polygonum convolculus L.), ragweed (ambrosia artemisasfolia L.),
oneye daisy, iron weed, wild carrot (dusacus carota), sour dock, corn
cockle.

Second. When such impurities, or any of them, are present in quan-
tity exceeding two per centum of said agricultural seeds, the approximate
percentage of each shal] be plainly stated on the tag attached as specified
in section one of this act.

5. Sand, dirt, sticks, broken seeds, other seeds than those mentioned
in sections three and four of this act, or any other foreign matter shall be
considered as impurities when mixed with agricultural seed sold, offered
or exposed for sale in this State for seeding purposes; and when such
impurities are present in seed exceeding the recognized standard of
purity and germination, as defined in rules and regulations adopted by
the commissioner of agriculture to carry out the provisions of this act,
the name and approximate percentage of impurities shall be stated in the
label as specified in section one of this act.

Fifth. Seeds that are up to the required standard of germination
and purity as provided by the State board of agriculture can be marked
“standard seeds” without marking the percentage of germination or
purity on the labels.

6. Seeds shall be considered mixed or adulterated within the mean-
ing of this act:

First. When orchard grass seed (dactylis glomerata L.) contains
ten or more per centum by weight of meadow (fescue elatior pratensis
L.) seed, Italian rye grass (lolium italcum Iu.) seed or English rye
grass (lolium perene L.) seed.

Second. When Kentucky blue grass (poa pratensis L.) seed con-
tains five per centum or more by weight of Canadian blue grass (poa
compressa L.) seed, chaff red top (agrostis alba L.) seed, or any other
seed or foreign substance.

Third. When red clover (trifolium pratense) seed, mammoth red
clover (trifolium pratense var.) seed or alfalfa (medicago sativa L.)
contains five or more per centum by weight of yellow trefoil (medicago
lupulina L.) seed or burr clover (medicago denticulata L.) seed.

Fourth. When seed of rape (brassica nossus I.) contains five or more
per centum of wild mustard (brassica arvensis L.) or block mustard
(brassica nigra L.).

%. Within the meaning of this act shall be misbranded:

First. When meadow fescue (festuca elatior protensis L.), English
rye grass (lolium perenne L.), or Italian rye grass (lolium italicum L.),
is sold or labeled as orchard grass (dactylis glomerata L.).

Second. When Canadian blue grass (poa compresso L.), chaff red
top (agrostis alba L.) seed or any other seed not Kentucky blue grass,
is labeled or sold as Kentucky blue grass (poa pratensis L.) seed.

Third. When sweet clover (melilotus alba L.), burr clover (medi-
cago denticulata L.), or yellow trefoil (medicago lupulina L.), is sold
as red clover (trifolium pratense), under any of its various names.

Fourth. When seeds are not true to the name or label under which
they are sold. This to apply only to such seeds as can be determined by
examination or analysis.

8. The provisions of this act shall not be construed as applying to:

First. Any person growing, possessing for sale, or selling seeds for
food purposes only. .

Second. Persons selling seeds containing impurities except as de-
fined in section three of this act, providing such seeds are sold to mer-
chants to be recleaned before exposing for sale upon the general market.

Third. Seed that is in store for the purpose of recleaning, and which
1s not possessed, sold or offered for sale for seed purposes, or seeds that
are sold or held in stores for shipment outside of this State.

Fourth. Cereals grown or sold and delivered from the farm by the
owner thereof, buyer himself to use the seed for seeding purposes only,
unless the purchaser obtain a certificate at time of sale, stating that the
seed is sold subject to the provisions of this act.

Fifth. Mixture of seeds for lawn, pasturage or hay or special pur-
poses, when so labeled, except that the sale of such mixtures is subject
to the restrictions of sections three and four of this act.

9a. The provisions of this act shall also apply to all agricultural
seeds as defined in section two of this act shipped by dealers from other
States to farmers or dealers or any other partics in this State, and trans-
portation companies are required to see that all seeds so brought into the
State bear a tag or label certifying as to the purity of the seed and
branded with the names of the objectionable and noxious weed seeds, a8
provided herein, and any transportation company violating these re-
quirements shall be subject to the same fines and penalties as provided
in this act.

9b. The commissioner of agriculture is hereby charged with the duty
of carrying out and seeing to the enforcement of the provisions of this
act. He, with the approval of the board of agriculture, may adopt such
rules and regulations as may be deemed necessary to carry out the pro-
visions of this act.

10. It shall be the duty of the commissioner of agriculture and the
dairy and food commissioner, the deputy dairy and food commissioner,
and their special assistants, provided for in the act of the general as-
sembly, approved March eleventh, nineteen hundred and eight, being
chapter one hundred and eighty-eight of the assembly of Virginia, nine-
teen hundred and eight, to take from any lot or package of seeds fifty
(50) pounds or more in weight, a sample not exceeding four ounces 10
weight or less than two, said sample to be drawn or taken in the pres-
ence of the party or parties in interest, or their representatives, and 1t
shall be taken from unbroken packages or lot of packages which shall
not be less than five per centum of the whole lot inspected, or said sam-
ple may be taken in the presence of two disinterested witnesses. Said
sample so taken shall be forwarded to the commissioner of agriculture for
analysis and comparison, with the certified statements required by sec:
tion one of this act. A duplicate of said sample shall be furnished, se-
curely sealed, to the person offering or exposing said seeds for sale, and
the said commissioner of agriculture may appoint such seed analysts as
may be necessary to carry out the provisions of this act, subject to the
approval of the board of agriculture.
In case the sample so drawn, or sample drawn as provided in section
sixteen of this act, shall upon test and analysis, violate any provision of
this act, the parties from whom the samples have been obtained, shall be
notified and a second test and analysis shall be made from the original
sample before publication is made.

11. Whoever violates any of the provisions named in any section of
this act, or who shall attempt to interfere with the inspectors or assistants
in the discharge of the duties named herein, shall be guilty of a misde-
meanor, and, upon conviction, shall be punished by a fine of not more
than one hundred dollars ($100.00), for each and every offense. All
fines and fees collected under this act shall be paid to the commissioner of
agriculture, to be deposited by him in the State treasury, and shall be
used and paid out as the other funds of the department of agriculture
and immigration.

12. If it shall appear from any such examination that any of the pro-
visions of this act shall have been violated, the commissioner of agricul-
ture shall at once certify the facts to the proper Commonwealth’s attor-
ney with a copy of the results of the analysis duly authorized by an
expert analyst, under oath, which copy, so authenticated, shall be lawful
evidence against the party charged with the violation of the provisions of
this act. And it shall be duty of every Commonwealth’s attorney to
whom the commissioner of agriculture shall report any Wolation of this
act, to cause proceedings to be commenced and prosecuted without delay
for the fines and penalties in such cases made and provided.

13. Any citizen of the State not a dealer in seeds may send to the
commissioner of agriculture samples of seed they have purchased, or may
wish to have examined, with a view of purchasing, for examination and
analysis. The said commissioner of agriculture shall have examination
and analysis made according to the provisions of this act, and send a
copy of such analysis to the party sending the seed, free of charge; but no
publication of such special analysis shall be made, and the penalties pro-
vided for in this act shall not apply to such special analysis.

14. Persons or firms desiring to sell, or offer for sale, seeds in this
State, shall have like privileges as to their goods upon a payment of a
fee of fifty cents ($.50) for each sample.

15. The commissioner of agriculture shal] print the results of analy-
sis made of seeds, giving percentage of purity and per centum of germ-
inable seeds along with the name and addresses of the party or parties
from whom sample is obtained, together with the names of the seller of
the seed, provided the seeds are in unbroken packages and the tag or
label of the seller is on the package, in the same bulletin with the analysis
of fertilizers.

16. Be it further enacted that there is hereby appropriated, for the
purpose of enforcing the provisions of this act, a sum not exceeding two
thousand dollars ($2,000.00), out of the funds collected for testing
seeds, so far as it shall go, and balance or remainder out of the funds of
the funds of the department of agriculture derived from the fertilizer
tax. Such expenses shall be paid by warrant of the State auditor upon
bills filed by the commissioner of agriculture.

1%. Upon the request of the purchaser, every seller of seeds, as de-
fined in section two of this act, shall draw a fair sample of the same at
the time of its delivery from unbroken package in the presence of the
purchaser, or if the seller is not present, any qualified justice or notary
(who shall be paid twenty-five cents for his services), shall, at the re-
quest of the purchaser, draw a sample of the seeds in the presence of the
purchaser. The sample when drawn shall, in the presence of both par-
ties, be put in a package and securely sealed and a certificate placed with
it, signed by both parties, certifying that the sample is a fair and cor-
rect one. The sample must then be sent to the commissioner of agricul-
ture and immigration, who shall have it analyzed by the official analyst
and send a copy to both the buyer and seller free of cost. On receipt of
the analysis, the purchaser shall send to the commissioner of agriculture
a correct copy of what was branded on the bag or package from which
the sample was drawn, signed by both parties, and which copy must be
made at the time the sample was drawn. The copy of the official analyst’s
analysis of seeds then certified to by him or her shall be admitted as evi-
dence in any court of this State, in the trial of anything involving the
anerits of any seed.

18. Be it further enacted that all laws and parts of laws in conflict
with this act be, and the same are hereby, repealed.

19. This act shall go into effect six months after its passage.