CHAPTER 183

An Act to amend and reenact §§ 8-209, 3-210, 8-211 and 8-214 of the Code
of Virginia, as amended, relating to certain seeds, to define terms, pre-
scribe the contents of labels, prohibit certain acts, and confer powers
on the Commissioner of Agriculture and Immigration. rH 323)

8

Approved March 4, 1952
Be it enacted by the General Assembly of Virginia:

1. That §§ 3-209, 3-210, 3-211 and 3-214 of the Code of Virginia, as
amended, be amended and reenacted as follows:

§ 3-209. Definitions—As used in this chapter, unless the context
clearly requires otherwise:

(1) “Person” includes an individual, a partnership, corporation, com-
pany, society, or association.

(2) “Commissioner” means the Commissioner of Agriculture and
Immigration of Virginia.

(3) “Agricultural seeds’ include the seeds of Canada blue grass,
Kentucky blue grass, rough-stalked meadow grass, brome grass, fescues,
kaffir corn, millets, tall meadow oat grass, orchard grass, red top, bent
grasses, rye grasses, sorghums, Sudan grass, sweet Sudan grass, timothy,
Bermuda grass when sold as such and when present in mixtures * as speci-
fied in Section 8-210 subsection (a) paragraphs (1), (9), and (10) (in all
other cases, Bermuda grass is to be_ considered under this chapter as a
secondary noxious-weed seed and is here so defined), crotalarias, cotton,
alfalfa, clovers, lespedezas, field peas, cowpeas, soybeans, vetches, peanuts,
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.

(4) ‘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.

(5) “Kind” means one or more related species or subspecies which
singly or collectively is known by one common name, for example, wheat,
oat, vetch, sweet clover, cabbage, cauliflower, and so forth.

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

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

“Weed seeds” includes the seeds and bulblets of all plants gener-
ally recognized as weeds within this State, and shall include noxious-weed
seeds

(9) ‘Noxious-weed seeds” are weed seeds that are disseminated in
seed subject to this chapter and shall be divided into two classes, “primary
noxious-weed seeds”’ and “secondary noxious-weed seeds’’.

(10) ‘‘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 repens), Canada thistle (Cirsium arvense), and
Johnson grass (Sorghum halepense).

(11) “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
purpose of this act are the seeds of Dodder (Cuscuta spp.), Bermuda
grass (Cynodon dactylon), Wild onion bulblets and Wild garlic bulblets
(Allium spp.).

(12) “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.

(13) “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 invoices.
(14) “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 chapter.

(15) “Processing” means cleaning, scarifying, or blending to obtain
uniform quality, and other operations which would change the purity or
germination of the seed and therefore require retesting to determine the
quality of the seed, but does not include operations such as packaging,
labeling, blending together of uniform lots of the same kind or variety
without cleaning, or the preparation of a mixture without cleaning, any
of which would not require retesting to determine the quality of the seed.

(16) “Screenings” shall include chaff, sterile florets, seed, immature
seed, weed seed, inert matter, and any other materials removed in any
way from any seed in any kind of cleaning or processing.

(17) “Hybrid seed corn” means the first generation seed of a cross
made under controlled conditions between strains of different parentage
and involving at least one inbred line of corn.

(18) ‘Inbred line” is a relatively stable and pure breeding strain of
corn resulting from not less than four successive generations of controlled
selfed pollination.

(19) “Controlled conditions’ * means those minimum standards for
purity of seed stock, isolation, planting ratio, detasseling, roguing and
harvesting of detasseled rows for seed purposes for hybrid seed corn es-
tablished under the International Rules for Certification except that certi-
fication of seed stocks shall not be required. * |

(20) “Description of a corn inbred line or a corn hybrid’? means
color of the grain and cob; husk characteristics, characteristic indentation
of the kernels; color of silk, relative plant and ear height and relative
date of maturity in days when compared to a well known station or U. S.
corn inbred line or hybrid which may be specified by the Commissioner ;
and such other information which might be helpful in identifying the corn
inbred line or hybrid.

(21)* “Hybrid designation” means the name, (which may be symbols,
letters or numbers), which was assigned the hybrid by the person who de-
veloped it and first introduced it for production or sale.

(22) “Pedigree’’ means the usual designated combination of two or
more symbols of letters or numbers, or letters and numbers identifying
the inbred lines or varieties combined to make a hybrid or its reciprocal
cross.

(23) (a) “Commercial hybrid seed corn” means hybrid seed corn
(not foundation seed corn) that is offered for sale for seeding purposes
other than for the production of hybrid seed corn.

(b) “‘Open-pedigree hybrid” means a hybrid for which the pedigree
is generally known and for which the seed stocks to produce that hybrid
are generally available to the public in quantity.

(c) “‘Closed-pedigree hybrid” means a hybrid for which the pedigree
is not generally known. *

(24) ‘Lot of seed” means a definite quantity of seed identified by a
lot number, or other lot identification, every portion or bag of which is
wutorm, within permitted tolerances, for the factors which appear in the

ling. !

(25) “Purity” means the name or names of the kind, or variety and
the percentage or percentages thereof; the percentage of other agricul-
tural seed or crop seed; the percentage of weed seeds, including noxious-
weed seeds; the percentage of inert matter; and the names of the noxious-
weed seeds and the rate of occurrence of each.

(26) “Germination” means the percentage of seeds capable of pro-
ducing normal seedlings under ordinarily favorable conditions (not includ-
ing seeds which produce weak, broken, malformed, or obviously abnormal
sprouts), determined by methods prescribed in the rules and regulations
promulgated under this chapter.

(27) “Hard seeds’”’ means seeds which, because of hardness or tm-
permeability, do not absorb moisture or germinate under prescribed tests
but remain hard during the period prescribed for germination of the kind
of seed concerned, determined by methods prescribed under § 8-214.

(28) “Certified seed”, “registered seed” or ‘foundation seed” means

seed that has been produced and labeled in accordance with the procedures
and in compliance with the requirements of the official State certifying
agency.
§ 3-210. Label requirements.—Each container of (a) agricultural
or (b) vegetable seed which is sold, offered for sale, or exposed for sale,
within this State for sowing purposes, or (c) seed other than for sowing
purposes, shall bear thereon or have attached thereto 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 predomi-
nance. Where more than one component is required to be named, the word
“mixture” or the word ‘“‘mixed”’ shall be shown conspicuously on the label.
The representation of kind, or kind and variety shall be confined to the
recognized name of the kind or kind and variety.

(2) Lot number or other lot identification.

(3) Origin, if known, of orchard grass, alfalfa and red clover seeds.
If the origin is unknown, that fact shall be stated.

(4) Percentage by weight of all weed seeds.

(5) The name and approximate number of each kind of primary
noxious-weed seed per ounce when present singly or collectively in amounts
not exceeding the tolerances authorized by subsection I (a), paragraph
number (4) of § 3-211.

(6) 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 amount does not exceed
the requirements of § 8-211, and provided, further, that the Commissioner
is hereby authorized to establish tolerances for the enforcement of this
requirement and it shall be his duty to include these tolerances in the rules
and regulations supplementary to this chapter.

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

(8) Percentage by weight of inert matter.

(9) For each named agricultural seed present in excess of five per
centum by weight (a) percentage of germination, 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 percentages. Following
(a) and (b) the additional statement “total germination and hard seed”
may be * given, if desired.

(10) For each named agricultural seed present in a proportion of
five per centum or less of the whole (a) percentage by weight of each;
(b) percentage of germination exclusive of hard seed, (c) percentage of
hard seed, if present, and (d) the calender month and year the test was
completed to determine such percentages. Following (b) and (c), the
additional statement “total germination and hard seed” may be * given,
if desired.

(11) For seed corn, offered for sale in Virginia and designated as
a hybrid, the name or number by which the hybrid is commonly designated,
plainly written or printed on the tag or label. (A hybrid designation shall
be treated as a variety name). On or after July one, nineteen
fifty-two, the recognized hybrid designation for any new hybria
is first introduced for production or sale shall be the same de
assigned by the person who developed such hybrid and first intr
for production and sale.

* * a

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

(b) For vegetable seeds:

(1) Name of kind and variety of seeds, including hybrid de
of hybrid corn and if two or more kinds or varieties are pre
percentage of each.

(2) Lot number or other lot identification.

($) The year for which packeted or put up, provided that t
“packed for’”’ shall precede the year.

(4) For each variety of vegetable seed which germinates
the standard last established by the Commissioner under this
(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
mine such percentages;

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

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

(c) For seed other than for sowing purposes:

Seeds, screenings or any material whatsoever, which cont
seeds in excess of two and twenty-five one hundredths per ce
weight or, six or more dodder seed to the ounce or, which contain
noxious-weed seeds (each subject to tolerances and methods of de
tion prescribed in the rules and regulations under this act) whe
for sale or distribution in this State for purposes other than fo
must be plainly labeled on each container in such a way as to unm
indicate to the purchaser that the contents are not for sowing.

§ 3-211. Prohibitions.—It shall be unlawful for any person

I. To transport, to offer for transportation, to sell, offer fo
expose for sale within this State, for sowing purposes:

(a) Agricultural or vegetable seed:

(1) Unless the test to determine the percentage of germir
quired by § 3-210, shall have been completed within a twel
period, exclusive of the calendar month in which the test was c
immediately prior to sale, exposure for sale, or offering for sale
portation.

(2) Not labeled in accordance with the provisions of this ch
having a false or misleading labeling.

(3) Pertaining to which there has been a false or m
advertisement.

(4) Containing primary noxious-weed seeds subject to toler
methods of determination prescribed in the rules and regulatio
this chapter.

(5) Containing weed seeds in excess of two and twenty-five
dredths per centum by weight, subject to tolerances and methods
mination prescribed in the rules and regulations under this cha

(6) Containing six or more dodder seed (Cuscuta spp.) to t
subject to tolerances and methods of determination prescribed in
and regulations under this chapter.

(7) That have been treated with any substance designed t
or repel seed-borne plant diseases or insect pests attacking such |
less each container bears a label on the outside giving * the commonly
accepted name * of the substance, the * nature of the substance, and if
such substance be harmful to humans or other vertebrate animals, * an
antidote for the poison.

(8) That is labeled as required in subsection 7 of this section and ts
not treated as claimed.

(9) To which there is affixed names or terms that create a mislead-
ing impression as to the history or quality of the kind or kind and variety.

* *

(b) Hybrid seed corn which has been inspected in the field by a duly
authorized inspector * and rejected because of failure to conform to the
controlled conditions as defined by this chapter.

(c) Screenings:

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

(2) Containing weed seeds in excess of two and twenty-five one
hundredths per centum by weight, subject to tolerances and methods of
determination prescribed in the rules and regulations under this chapter.

(3) Containing six or more dodder seed (cuscuta spp.) to the ounce
subject to tolerances and methods of determination prescribed in the rules
and regulations under this chapter.

(d) The sceds of Johnson grass or quack grass as such.

(II) To detach, alter, deface, or destroy any label provided for in
this chapter or the rules and regulations made and promulgated thereun-
der, or to alter or substitute seed, in a manner that may defeat the pur-
poses of this chapter.

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

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

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

(VI) To use the name of the Department of Agriculture or the re-
sults of field tests and inspection made by the Department for advertise-
ment purposes.

§ 3-214. Duties and authority of the Commissioner.—(a) The duty
of enforcing this chapter, and carrying out its provisions and requirements
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, mixtures of such seeds, and “screenings”, 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 de-
termine whether such agricultural or vegetable seeds, mixtures of such
seeds and “screenings”, are in compliance with the provisions of this
chapter, and if such seeds, mixtures of such seeds, or screenings are found
not to be in compliance with the provisions of this chapter, to notify
promptly the person who transported, sold, offered or exposed the seed
for sale, or who otherwise violated this chapter.

(2) To prescribe, and after public hearing following due public
notice to adopt rules and regulations governing (a) methods of sampling,
(b) the establishment of standards, (c) methods of inspection, (d) meth-
ods of making analyses, (e) methods of testing (both in the laboratory
and in the field), (f) methods of making examinations of agricultural
and vegetable seeds, mixtures of such seeds and “screenings”, (g) the
tolerances to be followed in the administration of this chapter, which shall
be in general accord with officially prescribed practice in interstate com-
merce, and such other rules and regulations as may be necessary to secure
the efficient enforcement of this chapter.

(3) To enter upon any public or private premises during regular
business hours in order to have access to seeds, mixtures of such seeds
and “screenings”, subject to this chapter and the rules and regulations
thereunder ; and also to enter upon the premises of any hybrid seed corn
producer when necessary for the purpose of administering this chapter.

(4) To issue and enforce a written or printed “stop sale” order to
the owner or custodian of any lot of agricultural or vegetable seed, mix-
tures of such seeds, or “screenings”, the Commissioner finds is in violation
of any of the provisions of this chapter which order shall prohibit further
sale of such seeds, mixtures of seeds, or “screenings” until the Commis-
sioner has evidence that the law has been complied with; provided,: that
in respect to seeds, mixtures, or “screenings”, which have been denied sale
as provided in this paragraph, the owner or custodian of such seeds, mix-
tures or “screenings”, shall have the right to appeal from such order to a
court of competent jurisdiction in the county or city where the seeds,
mixtures of such seeds, or “screenings” are found, praying for a judgment
as to the justification of said order, and for the discharge of such seeds,
mixtures, or “screenings”, from the order prohibiting the sale in accord-
ance with the findings of the court; and provided further, that the provi-
sions of this paragraph shall not be construed as limiting ‘the right of the
enforcement officer to proceed as authorized by other sections of this
chapter.

(5) To establish and maintain or make provision for seed testing
facilities, to employ qualified persons, and to incur such expenses, includ-
ing those incurred in the purchase of seeds, as may be necessary to comply
with these provisions.

(6) To make or provide for making purity and germination tests of
seeds for farmers and dealers on request, subject to such quotas as the
Commissioner may establish, to prescribe rules and regulations 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 Virginia all fees
so collected.

(7) To establish and maintain trial grounds in the open and in
greenhouses. To cooperate with federal and other State agencies such as
the Virginia Truck Experiment Station and the Virginia Agricultural
Experiment Station, and to employ experts in order that agricultural and
vegetable seeds including corn hybrids, collected under the provisions of
this chapter may be tested for trueness to kind or kind and variety or for
hybrid designation.

(8) To publish the results of analyses, tests, examinations and studies
made as authorized by this chapter, together with any other information
he may deem advisable.

(9) To cooperate with the United States Department of Agriculture
in seed law enforcement.

(10) To require the person responsible for tagging * any seed corn
hybrid to furnish him annually, prior to offering the seed for sale, a
signed statement giving the * hybrid designation, declaring that the hybrid
was inspected in the field by a duly authorized official inspector, furnishing
the name of the person or agency who made the inspection, and further
stating that it was found to meet the minimum standards of the “controlled
conditions’”’ specified in § 3-209, subsection (19) of this chapter. The part
of the above requirement relating to field inspection shall apply only to
open pedigree hybrids.

Also at his discretion, the Commissioner may require a statement
giving the lot number under which the seed received from each grower ts
to be sold and the approximate number of bushels of shelled corn in each
lot, together with a statement (for open pedigree hybrids only) signed by a
duly authorized inspector declaring that the hybrid was inspected in the
field and was found to meet the minimum standards of the “controlled con-
ditions” specified in § 3-209, subsection (19) of this chapter.

Provided, further, if the grower does not furnish the field inspection
statement herein required, he must in lieu thereof file with the Commis-
sioner evidence satisfactory to the Commissioner showing that he re-
quested official inspection sufficiently in advance to allow the inspector to
arrange to make the inspection and that the field was not inspected as
requested.

Further, the Commissioner may stop sale of any hybrid corn which
fails to conform to the requirements of this chapter.

(b) For the purpose of carrying out the provisions of this chapter
the Commissioner individually or through his authorized agents, is further
authorized, to require, at his discretion, the vender of seed of any corn
hybrid which is to be offered for sale in Virginia to furnish him with:
(1) A two pound sample of each hybrid. (2) A complete description of
each hybrid and of each * single cross or variety used in its pedigree.
(3) The name and address of the person who developed each inbred line
involved in the cross offered by him for sale in this State, and 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 foundation
seed used.

The Commissioner is also authorized: (1) To require, at his discre-
tion, the producer of hybrid seed corn, to furnish a one thousand viable
kernel sample labeled to show the * two foundation seed parents (other
than inbred lines) used in the production of commercial hybrid seed corn
offered for sale; and (2) To require: (t) The registration, annually, of
all fields planted in Virginia for the production of hybrid seed corn, on
or before June twentieth of the year in which the seed is to be produced,
(it) the name of the grower, (iii) the location of each field, (iv) the num-
ber of acres planted to each hybrid.

(c) For the purpose of protecting the rights of corn hybrid breeders,
the Commissioner may, upon request, provide by regulation for the regis-
tration of any corn hybrid produced or sold in Virginia.