Chap. 341.—An ACT to regulate the labeling, sale, and offering for sale of agricul-
tural and vegetable seed; to impose penalties for violations; and to repeal
certain statutes relating to the same subject. (H B 352]

Approved March 27, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. Definitions.—As used in this act, unless the con-
text clearly requires otherwise:

(a) “Person” includes a partnership, corporation, company, so-
ciety, or association.

(b) “Commissioner” means the Commissioner of Agriculture and
Immigration of Virginia,

(c) “Agricultural seeds” include the seeds of Canada blue grass,
Kentucky blue grass, rough-stalked meadow grass, brome grass, fescues,
kaffir corn, millets, tall meadaqw oat grass, orchard grass, red top, bent
grasses, rye grasses, sorghum, Sudan grass, timothy, Bermuda grass
when sold as such and when presented in mixtures at the rate of five
per centum or more by weight (in all other cases, Bermuda grass is to
be considered under this act as a secondary noxious weed seed and is here
so defined ), crotalarias, cotton, alfalfa, clovers, lespedezas, field peas, cow-
peas, soybeans, vetches, buckwheat, flax, rape, barley, corn, oats, rye,
wheat, tobacco and any other kinds of seeds recognized within this State
as agricultural or field seeds, and mixtures of such seeds.

(d) “Vegetable seeds” include the seeds of those crops which are
grown in gardens or on truck farms and are generally known and sold
under the name of vegetable seeds in this State.

(e) “Kind”? means one or more related species or sub-species which
singly or collectively is known by one common name, for example, wheat,
oat, vetch, sweetclover, cabbage, cauliflower, and so forth.

(f{) “Variety” means a subdivision of a kind which is characterized
by growth, plant, fruit, seed, or other characters by which it can be dif-
ferentiated from sorts of the same kind, for example, Fulghum oats,
Flat Dutch cabbage, Tokio soybeans, and so forth.

(g) “Mixture” means seeds consisting of more than one kind or
variety, each present in excess of five per centum of the whole.

(h) ‘Weed seeds” includes the seeds and bulblets of all plants
generally -recognized as weeds within this State, and shall include nox-
1ous-weed seeds.

(i) ‘“Noxious-weed seeds’ are weed seeds that are disseminated
in seed subject to this act and shall be divided into two classes, “primary
noxious-weed seeds” and “secondary noxicus-weed seeds.”
(j) “Primary noxious-weed seeds” are the seeds of perennial weeds
such as not only reproduce by seed but also spread by underground roots
and stems, and which, when established, are highly destructive and are
not controlled in this State by cultural practices commonly used; and for
the purpose of this act are the seeds of Bindweed (Convolvulus arvensis).
Quackgrass (Agropyron repeno), Canada thistle (Cirsium arvense),
and Johnson grass (Sorghum halepense).

(k) “Secondary noxious-weed seeds” are the seeds of such weeds
as are very objectionable in fields, lawns and gardens in this State and are
difficult to control by cultural practices commonly used, and for the pur-
pose of this act are the seeds of Dodder (Cuscuta spp. ), Bermuda grass
(Cynodon Dactylon), Wild onion bulblets and Wild garlic bulblets (AI-
lium spp.).

(1) “Origin” means the State, Alaska, District of Columbia, Hawaii,
Puerto Rico, or possession of the United States, or the foreign country,
or designated portion thereof, where the seed was grown.

(m) “Labeling” includes all labels, and other written, printed, or
graphic representations, in any form whatsoever, accompanying and per-
taining to any seed whether in bulk or in containers, and includes in-
voices.

(n) “Advertisement” means all representations, other than those
on the label, disseminated in any manner or by any means, relating to
seed within the scope of this act.

(o) “Hybrid seed corn’ means the first generation seed of a cross
involving two, three or four inbred lines in one of the following combina-
tions:

(1) Single cross—A cross between two inbred lines.

(2) Double cross—A cross between two unrelated single crosses.

(3) Three way cross—A cross between a single cross and an in-
bred line.

(p) “Inbred line” is a relatively stable and pure breeding strain
resulting from not less than five successive generations of controlled
self-fed pollination.

Section 2. Label requirements.—Each container of agricultural or
vegetable seed which 1s sold, offered for sale, or exposed for sale, within
this State for sowing purposes shall bear thereon or have attached there-
to in a conspicuous place a plainly written or printed label or tag in the
English language, giving the following information:

(a) For agricultural seeds:

(1) Commonly accepted name of (a) kind, or (b) kind and variety,
of each agricultural seed component in excess of five per centum of the
whole, and the percentage by weight of each in the order of its predom-
inance. Where more than one component is required to be named, the
word “mixture” or the word “mixed” shall be shown conspicuously on
the label.

(2) T.ot number or other lot identification.

(3) Origin, if known, of alfalfa, red clover, and field corn (except
hybrid corn). If the origin 1s unknown, that fact shall be stated.

(4) Percentage by weight of all weed seeds.
(5) The name and approximate number of each kind of secondary
noxious-weed seed per ounce when present singly or collectively in any
amount whatsoever, provided, however, that the Commissioner is hereby
authorized to establish tolerances for the enforcement of this require-
ment and it shall be his duty to include those tolerances in the rules and
regulations supplementary to this act.

(6) Percentage by weight of vegetable seeds and of agricultural
seeds other than those required to be named on the label.

(7) Percentage by weight of inert matter.

(8) For each named agricultural seed (a) percentage of germina-
tion, exclusive of hard seed (b) percentage of hard seed, if present, and
(c) the calendar month and year the test was completed to determine
such percentage. Following (a) and (b) the additional statement “‘total
germination and hard seed” may be stated as such, if desired.

(9) For all seed corn (including field and sweet or sugar corn),
offered for sale in Virginia and designated as a hybrid, the name or num-
ber by which the hybrid is designated plainly written or printed on the
tag or label. (A hybrid desigmation shall be treated as a variety name).

The Commissioner is hereby empowered at his discretion to require
the vendor of seed of corn hybrids offered for sale in Virginia to furnish
him with the name and address of the breeder who developed each
inbred line used in making the cross of any hybrid offered by him for
sale in this State, the name and address of the grower or growers who
produced such seed, and the name and address of the grower or growers
who produced the single crosses used. The Commissioner may, through
his agents, stop the sale of such hybrid until the information herein re-
quired has been furnished. The vendor of the seed of corn hybrid shall
file annually with the Commissioner, prior to offering the seed for sale,
a statement giving the pedigree of the hybrid.

(b) For vegetable seeds:

(1) Name of kind and variety of seeds.

(2) For seeds which germinate less than the standard last estab-
lished by the Commissioner under this act:

(A) Percentage of germination, exclusive of hard seed;

(B) Percentage of hard seed, if present ;

(C) The calendar month and year the test was completed to de-
termine such percentages ;

(D) The words “Below Standard” in not less than eight point type.

(3) Name and address of the person who labeled the seed, or who
sells, offers, or exposes the seed for sale within this State.

Section 3. Prohibitions.—(a) It shall be unlawful for any person
to transport, to offer for transportation, to sell, offer for sale, or expose
for sale any agricultural or vegetable seed within this State:

(1) Unless the test to determine the percentage of germination re-
quired by section two, shall have been completed within a nine month
period, exclusive of the calendar month in which the test was completed,
immediately prior to sale, exposure for sale, or offering for sale or trans-
portation.

(2) Not labeled in accordance with the provisions of this act, or
having a false or misleading labeling.
(3) Pertaining to which there has been a false gr misleading ad-
vertisement.

(4) Containing primary noxious-weed seeds subject to tolerances
and methods of determination prescribed in the rules and regulations
under this act.

(5) Containing weed seeds in excess of three per centum by weight,
subject to tolerances and methods of determination prescribed in the
rules and regulations under this act.

(6) Containing twelve or more dodder seed (Cuscuta spp.) to the
ounce.

Except as otherwise provided herein it shall be unlawful to sell or
to offer for sale or distribution in this State for seeding purposes within
this State seeds such as seed “screenings” or “tailings” or any material
whatsoever which contain weed seeds in excess of three per centum by
weight, or twelve or more dodder seed to the ounce, or which contain
any seeds of bindweed, quackgrass, Canada thistle, or Johnson grass.

Seeds or any material whatsoever, which contain weed seeds as de-
fined in this act in excess of three per centum by weight or, twelve or
more dodder seed to the ounce or, which contain the seeds of bindweed,
quackgrass, Canada thistle or Johnson grass, when offered for sale or
distribution in this State for purposes other than for sowing must be
plainly labeled on each container in such a way as to unmistakably indi-
cate to the purchaser that the contents are not for sowing or seeding pur-
poses.

(b) It shall be unlawful for any person within this State:

(1) To detach, alter, deface, or destroy any label provided for in
this act or the rules and regulations made and promulgated thereunder,
or to alter or substitute seed, in a manner that may defeat the purposes
of this act.

(2) To disseminate any false or misleading advertisement concern-
ing agricultural or vegetable seed in any manner or by any means.

(3) To hinder or obstruct in any way any authorized person in the
performance of his duties under this act.

(4) To fail to comply with any “stop sale” order issued under this
act.

Section 4. Records.—All persons transporting or delivering for
transportation intrastate agricultural seeds shall keep for a period of two
years a complete record of origin, germination, and purity of each lot of
agricultural seed offered, and the Commissioner or his duly authorized
agents shall have the right to inspect such records for the purpose of
the effective administration of this act.

Section 5. Exemptions.—(a) The provisions of sections two and
three do not apply :

(1) To seed or grain not intended for sowing purposes.

(2) To seed in storage .in, or consigned to, a seed cleaning or
processing establishment for cleaning or processing; provided, that any
labeling or other representation which may be made with respect to such
unclean seed shall be subject to this act. .

(b) No person shall be subject to the penalties of this act, for hav-
ing sold, offered or exposed for sale in this State any agricultural or
vegetable seeds, which were incorrectly labeled or represented as to kind,
variety or origin which seeds cannot be identified by examination there-
of, unless he has failed to obtain an invoice or grower's declaration giv-
ing kind, or kind and variety and origin, if required, and to take such
other precautions as may be necessary to insure the identity to be that
stated.

(c) To seed when possessed, exposed for sale by a farmer or
grower who incidentally sells directly to the consumer only such seeds
as may have been produced by him and who does not sell any seeds not
produced by him and who does not ship seeds so sold by mail or any
common carrier,

Section 6. Duties and Authority of the Commissioner.—(a) The
duty of enforcing this act and carrying out its provisions and require-
ments shall be vested in the Commissioner. It shall be the duty of such
officer, who may act through his authorized agents :

(1) To sample, inspect, make analysis of, and test agricultural and
vegetable seeds transported, sold, offered or exposed for sale within this
State for sowing purposes, at such time and place and to such extent as he
may deem necessary to determine whether such agricultural or vegetable
seeds are in compliance with the provisions of this act, and to notify
promptly the person who transported, sold, offered or exposed the seed
for sale, or who otherwise violated this act.

(2) To prescribe, and after public hearing following due public
notice to adopt rules and regulations governing the methods of sampling,
standards, inspecting, analysis, testing and examination of agricultural
and vegetable seed, and the tolerances to be followed in the administra-
tion of this act, which shall be in general accord with officially prescribed
practice in interstate commerce, and such other rules and regulations as
may be necessary to secure the efficient enforcement of this act.

(b) For the purpose of carrying out the provisions “of this act the
Commissioner individually or through his authorized agents, is further
authorized :

(1) To enter upon any public or private premises during regular
business hours in order to have access to seeds subject to the act and the
rules and regulations thereunder.

(2) To issue and enforce a written or printed “stop sale” order to
the owner or custodian of any lot of agricultural or vegetable seed which
the Commissioner finds is 1n violation of any of the provisions of this act,
which order shall prohibit further sale of such seed until the Commis-
sioner has evidence that the law has been complied with; provided, that
in respect to seeds which have been denied sale as provided in this para-
graph, the owner or custodian of such seed shall have the right to appeal
from such order to a court of competent jurisdiction in the county or city
where the seeds are found, praying for a judgment as to the justification
of said order, and for the discharge of such seed from the order prohibit-
ing the sale in accordance with the findings of the court; and provided
further, that the provisions of this paragraph shall not be construed as
limiting the right of the enforcement officer to proceed as authorized by
other sections of this act.
( 3) To establish and maintain or make provision for seed testing
facilities, to employ qualified persons, and to incur such expenses, in-
cluding those incurred in the purchase of seeds, as may be necessary to
comply with these provisions.

(4) To make or provide for making purity and germination tests
of seeds for farmers and dealers on request ; to prescribe rules and regu-
lations governing such testing ; and if he deem it advisable or necessary,
to fix and collect charges for the tests made, paying into the treasury
of vu inia all fees so collected.

(5) To cooperate with the United States Department of Agricul-
ture in seed law enforcement.

Section 7. Seizure.—Any lot of agricultural or vegetable seed not
in compliance with the provisions of this act shall be subject to seizure
on complaint of the Commissioner to a court of competent jurisdiction in
the county or city in which the seed is located. In the event the court
finds the seed to be in violation of the provisions of this act and orders
the condemnation thereof, such seed shall be denatured, processed, de-
stroyed, relabeled, or otherwise disposed of in compliance with the laws
of this State; provided, that 1n no instance shall such disposition of the
seed be ordered by the court without first having given the claimant an
opportunity to apply to the court for the release of the seed, or permis-
sion to process or relabel it to bring it into compliance with the pro-
visions of this act.

Section 8. Violations and Prosecutions.—Every violation of the
provisions of this act shall be deemed a misdemeanor punishable by a fine
not exceeding one hundred dollars for the first offense, and not exceeding
two hundred and fifty dollars for each subsequent offense.

When the Commissioner shall find that any person has violated
any of the provisions of this act, he or his duly authorized agent or
agents may institute proceedings in a court of competent jurisdiction in
the county or ‘City in which the violation occurred, to have such person
convicted therefor; or the Commissioner may file with the Attorney for
the Commonwealth of such county or city with the view of prosecution
such evidence as may be deemed necessary ; provided, however, that no
prosecution under this act shall be instituted without first having given
the defendant an opportunity to appear before the Commissioner or his
duly authorized agent to introduce evidence either in person or by agent
or attorney at a private hearing. If, after such hearing, or without such
hearing in case the defendant or his agent or attorney fails or refuses to
appear, the Commissioner is of the opinion that the evidence warrants
prosecution, he shall proceed as herein provided.

It shall be the duty of the Attorney for the Commonwealth of the
county or city in which the violation occurred, or the Attorney General,
as the case may be, to institute proceedings at once against the person
charged with such violation. The Commissioner may, in his discretion,
call upon the Attorney General for assistance in enforcing the provisions
of this act.

After judgment by the court in any case arising under this act, the
Commissioner shall publish any information relative thereto in such
manner as he may deem best.
Section 9. Hearings by Commissioner.—It shall be the duty of
the Commissioner to give notice of every violation of the provisions of this
act with respect to agricultural or vegetable seed to the person in whose
hands such seed are found, and to send a copy of such notice to the per-
son whose “analysis tag or label’’ 1s attached to the container of such
seed, designating a time and place for a hearing. If, after hearing, or
without such hearing in the event the person fails or refuses to appear,
the Commissioner may institute proceedings in a court of competent
jurisdiction in the county or city in which the violation occurred. It
shall be the duty of the Commissioner, after providing for the hearing
above specified, to publish any violations of the provisions of this act,
together with any information pertinent thereto, in any manner he may
deem best.

2. Sections eleven hundred fifty-four-a to eleven hundred fifty-four-
j, both inclusive, of the Code of Virginia, relating to vegetable seeds, and
chapter one hundred fourteen of the Acts of Assembly of nineteen hun-
dred twenty-four, approved March seven, nineteen hundred twenty-four,
and all amendments thereto, relating to agricultural seeds, are repealed.

3. This act shall be effective on and after January one, nineteen
hundred forty-seven.