CHAP. 506.—An ACT to regulate the selling, offering or exposing for sale
of agricultural seeds; and to repeal an act entitled 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 agri-
culture, approved March 16, 1910. (H. B. 318.)

Approved March 28, 1916.

1. Be it enacted by the general assembly of Virginia, That
the term “agricultural seeds” or “agricultural seed,” as used in
this act, shall be defined as the seeds of Canada blue grass, Ken-
tucky blue grass, brome grass, fescues, kaffir corn, millets, tall
meadow oat grass, orchard grass, red top, Italian rye grass,
perennial rye grass, sorghum, Sudan grass, timothy, alfalfa,
soy beans, alsike clover, crimson clover, red clover, sweet clover
white clover, Canada field peas, cowpeas, vetches and othe)
grasses and forage plants, buckwheat, flax, rape, barley, corn
oats, rye, wheat and other cereals which are sold, stored, offerec
or exposed for sale or distribution, or had in possession with in.
tent to sell within this State for seeding purposes.

2. Every lot of agricultural seeds, as defined in section one
of this act, except as herein otherwise provided, when in bulk
packages or other containers of ten pounds or more, shall have
affixed thereto, in a conspicuous place, on the exterior of th
container of such agricultural seeds, a plainly written or printec
tag or label in the English language, stating; provided, how
ever, that no tag or label shall be required, unless requested, 01
seeds when sold directly to and in presence of the consumer
and taken from container properly labeled in accordance with
the provisions of this act; and further provided, that this shall
in no way exempt the vendor from the analysis given on the
bag or label attached to any container.

(a) Commonly accepted name of such agricultural seeds.

(b) The approximate percentage by weight of purity;
meaning, the freedom of such agricultural seeds from inert mat-
ter and from other seeds distinguishable by their appearance.

(c) The approximate total percentage by weight of weed
seeds; provided, that plants which are to be considered weeds
under this act shall be designated by the commissioner of agri-
culture and immigration, approved by the State board of agri-
culture and immigration, and the names printed for distribv-
tion to citizens of this State.

The name and approximate number per ounce of each
kind of the seeds or bulblets of the following named noxious
weeds which are present in such agricultural seeds; wild onion
(allium vineale) ; Bermuda grass (cynodon dactylon) ; Johnson
grass (sorghum halepense); quack grass (agropyron repens):
dodder (cuscuta species) ; Canada thistle (cirsium arvense):
hawkweed (hieracium species) ; and perennial sow thistle (son-
chus arvensis).

(e) Approximate percentage of germination, together with
the month and year said seed was tested; provided, however, no
seller shall be held responsible for the germination for the longer
period than forty days from date of delivery. If such shipment
of seed is found to be more than a reasonable tolerance below
the marks on the tags, such seed may be returned within the
period as stated above, and the seller will be required to refund
the purchase price of said seed together with freight charges
to and from point of purchase.

(f) The full name and address of the seedsman, importer.
dealer or agent, or other person or persons, firms or corporation
selling, offering or exposing for sale or distribution such agri-
cultural seeds in this State for seeding purposes.

(zg) Sold subject to all requirements of the agricultural
seed law of Virginia, chapter five hundred and six, acts nireteen
hundred and sixteen.

3. Mixtures, when in bulk, packages or other containers of
ten pounds or more, containing one or more kinds of agricultural!
seeds in excess of five per centum by weight of the total mr-
ture shall have affixed thereto, in a conspicuous place on the
exterior of the container of such mixture, a plainly written or
printed tag or label in the English language, stating:

(a) That such seed is a mixture.

(b) The approximate total percentage by weight of weed
seeds.
_ (ce) The name and approximate number per ounce of each
kind of the seeds or bulblets of noxious weeds, as defined in sec-
tion two (d), which are present in such mixtures.

(d) The full name and address of seedsman, importer,
dealer or agent, or other person or persons, firms or corpora-
tions, selling, offering or exposing for sale or distribution, such
mixtures in this State for seeding purposes.

(e) Sold subject to all requirements of the agricultural
seed law of Virginia, chapter five hundred and six, acts nineteen
hundred and sixteen.

4. Mixtures, as defined in section three of this act, of al-
sike clover and timothy, red top and timothy, and alsike clover
and red clover, in addition to the label requirements designated
In section three shall have written or printed on the label the
name and approximate percentage by weight of each kind of
these seeds present.

5. Agricultural seeds, or mixtures of same, shall be exempt
from the provisions of this act, when plainly marked on the out-
side of the container, “‘not clean seed’”’ or “not tested seed,” pro-
vided such seeds, or mixtures, are sold to, or held by merchants
to be recleaned before being offered or exposed for sale or dis-
tribution upon the general market. Cereals or other agricul-
tural seeds shall be exempt from the provisions of this act when
sold exclusively for manufacturing purposes, for food, or for
feeding purposes; provided, however, that said cereals or seeds
shall be subject to the requirements of this act, if sold, offered
or exposed for sale under variety names.

The sections of this act shall not apply to the sale of seed
that is grown, sold and delivered by any farmer on his own
premises, for seeding by the purchaser himself, unless the pur-
chaser of said seed obtain from the seller at the time of the
sale thereof a certificate that the said seed is supplied to him
subject to the provisions of this act.

6. No statements regarding the quality of such agricultural
seeds or mixtures, if inconsistent with the requirements of this
act, shall be written or printed on the tag or label, or placed in-
side, or affixed to any container or bulk of agricultural seed or
mixture sold, offered or exposed for sale or distribution, or held
in possession with intent to seM within the State for seeding
purposes.

7. Agricultural seeds shipped to any point in this State
for seeding purposes shall be subject to the provisions and re-
quirements of this act, and transportation companies shall be
required to see that all such agricultural seeds carried by them
are tagged or labeled as provided herein.

8. Agricultural seeds, as defined in section one of this act,
ur mixtures of same, shall be considered unfit for seeding pur-
poses within the meaning of this act, and are hereby prohibited
from being sold, offered or exposed for sale or distribution with-
in this State for seeding purposes, when:
(a) Such agricultural seeds contain more than three per

centum by weight of the seeds of weeds, or when

Any kind or variety of alfalfa or clover contains two
or more seeds of dodder (cuscuta species) to five grams of
such seed. |

9. It shall be unlawful for any person, firm or corporation
to sell, offer or expose for sale or distribution, or have in pos-
session with intent to sell within this State any agricultural
seeds, or mixtures, as defined in this act, for seeding purposes
without complying with the requirements of this act, or to
falsely mark or label any agricultural seeds, or to interfere in
any way with the inspectors or assistants in the discharge of
the duties herein named.

10. The duty of enforcing this act and carrying out its
provisions and requirements shall be vested in the commissioner
of agriculture and immigration of this State. The said com-
missioner, upon notice to the seed trade of this State, through
their official representative, and through the agricultural bul
letins of the department of agriculture and immigration of Vir-
ginia, with the approval of the State board of agriculture and
immigration, shall be empowered to adopt such “rules and regr-
lations” as may be deemed necessary in order to secure the eff-
cient enforcement of this act; provided further, that the said
commissioner, with the approval of the said board of agricul-
ture and immigration, shall maintain a laboratory with neces-
sary equipment, and may appoint such analysts, inspectors and
assistants as may be necessary for the proper enforcement and
carrying out of the provisions and requirements of this act,
and with the approval of said board, in his discretion, fix the
salaries of said analysts, inspectors and assistants.

11. It shall be the duty of the said commissioner of agri-
culture and immigration, either by himself or his analysts, in
spectors or assistants, to inspect, examine and make analysis
of and test any agricultural seeds stored, sold, offered or ex-
posed for sale or distribution within this State for seeding pur
poses, at such time and place, and to such extent as he may de-
termine. The commissioner, analysts, inspectors or assistants
shall have free access at all reasonable hours upon and into any
premises or structures to make examination of any agricultural
seeds, whether such seeds are upon the premises of the owner
or consignee of such seeds or on the premises or in possession
of any warehouse, elevator, railway or steamship company, and
he is hereby given authority in person or by his analysts, im
spectors or assistants, upon notice to the dealer, his agent or
the representative of any warehouse, elevator, railway or stean-
ship company, if present, to take for analysis a sample of such
agricultural seeds from a parcel, package, lot or other container
or number of parcels, packages, lots or other containers, said
sample shall be thoroughly mixed and divided into two samples,
of at least two ounces each and securely sealed. One of said
samples shall be left with or on the premises of the vendor or
party in interest, and the other retained by said commissioner,
analyst, inspector, or assistant, for analysis.

12. In case the sample drawn as herein provided, upon test
znd analysis is found to fall more than a reasonable tolerance
below the statements on the tag or label attached to lot from
which said sample was secured, or to violate any of the provi-
sions of this act, the vendor or consignee of said lot of seed
shall be notified and a copy of said notice mailed to the person,
firm, or corporation whose tag or label was found affixed there-
to, and it shall be the duty of the commissioner of agriculture
and immigration to publish, or cause to be published, the re-
sults of the examination, analysis and test of any sample of
agricultural seed or mixture of such seed, drawn as provided
for in section eleven, together with any other information he
may deem advisable. | |

18. Every violation of the provisions of this act shall be
deemed a misdemeanor punishable by a fine not exceeding one
hundred dollars, and if the commissioner of agriculture and im-
migration shall find upon examination, analysis or test, that any
person, firm or corporation has violated any of the provisions
of this act, he or his duly authorized agent or agents may in-
stitute proceedings in a court of competent jurisdiction to have
such person, firm or corporation convicted thereof, or the com-
missioner of agriculture and immigration, in his discretion, may
report the results of such examination to the attorney-general,
together with the sworn statement of the analyst, duly acknowl-
edged, and such other evidence of said violation as he shall deem
necessary. Said sworn statement shall be admitted as evidence
in any court of this State in any proceedings instituted under
this act, but upon motion of the accused, such analyst shall be
required to appear as a witness, and be subject to cross-examina-

tion.

It shall be the duty of the attorney-general, or,in his dis-
cretion, he may act through the attorney for the Commonwealth
of the county or city in which said violation has occurred, to
institute proceedings at once against the person or persons,
firms or corporations charged with such violation.

14. It shall be unlawful for any person, firm or corpora-
tion to sell, offer or expose for sale, or have on hand for distri-
bution any lot of agricultural seed, as defined in this act, not
properly tagged or labeled as provided herein. The commis-
sioner of agriculture and immigration may cause to be seized
and held any lot of agricultural seeds found to violate any of
the provisions of this act until the law has been complied with
or said violation otherwise disposed of.

15. Any citizen of this State shall have the privilege of sub-
mitting to the commissioner of agriculture and immigration
samples of agricultural seeds, for test and analysis, subject to
such rules and regulations as may be adopted by said commis-
sioner as is herein provided.

16. Such salaries and expenses as may be necessary for the
proper enforcement of the provisions of this act shall be paid
from said sum herein appropriated, by warrant upon the auditor
of public accounts, driven by the commissioner of agriculture
and immigration, and countersigned by the president of the
State board of agriculture and immigration, and he shall keep
proper vouchers on file in his office for all expenditures.

17. An act entitled an act to regulate the sale of agricul-
tural 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 sixteenth, nineteen hundred and
and ten, and all laws or parts of laws in conflict with this act.
are hereby repealed.

18. This act shall be effective on and after the first day of
July, nineteen hundred and sixteen.