Chap. 114.—An ACT concerning agricultural seeds, and to repeal sections 1138 to
5

1153, both inclusive, of the Code of Virginia. [S B 208]

Approved March 7, 1924.

1. Beit enacted by the general assembly of Virginia, That the term
“spricultural seed” or “agricultural seeds,’’ as used in this act, shall be
defined as the seeds of Canada blue grass, Kentucky 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, cow peas, vetches, and
other grasses and forage plants, buckwheat, flax, rape, barley, corn,
oats, rye, wheat and other cereals which are sold, stored, offered or ex-
posed for sale or distribution, or had in possession with intent to sell
within this State, or shipped from one point within this State to another
point 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 con-
spicuous place on the exterior of the container of such agricultural seeds,
a plainly written or printed “‘analysis tag or label,” in the English lan-
guage, stating:

(A) Commonly accepted name of such agricultural seeds. No
seeds may be tagged or labeled as one variety if ten (10%) per centum
or more by weight of other varieties, singly or collectively, are present.

(B) The approximate percentage by weight of purity; meaning the
freedom of such agricultural seeds from inert matter and from other
seeds distinguishable by their appearance.

(C) The approximate total percentage by weight of weed seeds.—
The term ‘‘weed seeds,’’ as herein used, being defined as the noxious
weed seeds listed in section two, sub-section (d) and all other seeds not
listed in section one as agricultural seeds.

(D) The name and approximate number per ounce of each kind of
the seeds or bulblets of the following named ‘‘noxious weeds,”’ which are
present: Wild onion (allium vineale), Bermuda grass (Cynodon dac-
tylon), Johnson grass (Sorghum halpense), Quack grass (Agropyron
repens), Dodder (Cuscuta species), Canada thistle (Cirsium arvense),
and Hawkweed (Hieracium species).

(EK) The approximate percentage of germination of such agricul-
tural seeds, together with the month and year said seed was tested.

(F) The country or locality of origin in the case of the following
imported seeds: (1) Turkestan alfalfa, (2) Italian grown red clover, (3)
Italian grown alfalfa, (4) Red clover grown in Chile.

(G) The full name and address of the seedsman, importer, dealer
or agent, or other person or persons, firms or corporations selling, offer-
ing or exposing for sale or distribution, or shipping such agricultural
seeds from one point within this State to another point within this State,
for seeding purposes.

(H) No “analysis tag or label’ shall be required, unless requested,
on agricultural seeds which are sold directly to and in the presence of
the consumer, and taken from a container which is properly tagged or
labeled in accordance with the provisions of this act; this shall, however,
in no way exempt the vendor from the analysis given on the analysis
tag or label attached to any container. If such seeds are to be shipped
on a public carrier each container must be tagged or labeled as provided

erein.

3. Mixtures of agricultural seeds which contain not more than two
kinds of such seeds in exces3 of ten (10%) per centum by weight of each
kind, when sold, offered or exposed for sale or distribution as mixtures,
and in lots of ten (10) pounds or more shall have affixed thereto, in a
conspicuous place on the exterior of the container of such mixtures of
seeds, a plainly written or printed “‘analysis tag or label,” in the English
language, stating:

(A) That such seed is “a mixture.”

(B) The name and approximate percentage by weight of each kind
of agricultural seed present in such mixture in excess of ten (10%) per
centum by weight of the total mixture.

(C) The approximate percentage by weight of weed seeds, as de-
fined in section two, sub-section (c) of this act.

(D) The name and approximate number per ounce of each kind of
the seeds or bulblets of the ‘“‘noxious weeds”’ listed in section two, sub-
section (d) of this act, which are present.

(E) The approximate percentage of germination of each kind of
agricultural seeds present in such mixture in excess of ten (10%) per
centum by weight, together with the month and year said seed was
tested.

(F) The country or locality of origin of the following imported
seeds, if such seeds are present: (1) Turkestan alfalfa, (2) Italian grown
red clover, (3) Italian grown alfalfa, (4) Red clover grown in Chile.

(G) The full name and address of the seedsman, importer, dealer
or agent, or other person or persons, firms or corporation selling, offer-
ing or exposing for sale or distribution, or shipping such mixtures from
one point within this State to another point within this State, for seeding
purposes.

4. Special mixtures of agricultural seeds, except as specified in sec-
tion three of this act, when sold, offered or exposed for sale or distribu-
tion as mixtures, in bulk, packages or other containers of eight ounces
or more, shall have affixed thereto in a conspicuous place on the exterior
of the container of such mixture, a plainly written or printed ‘‘analysis
tag or label,’’ in the English language, stating:

(A) That such seed is ‘‘a mixture.”

(B) The name of each kind of agricultural seed which is present in
excess of five (5%) per centum by weight of the total mixture, under the
following plainly written or printed statement: ‘‘Each kind of seed
given below is present in this mixture in excess of five (5°) per centum
by weight.”
(C) The approximate total percentage by weight of weed seeds as
defined in section two, sub-section (c) of this act.

(D) The approximate percentage by weight of inert matter.

(E) The name and approximate number per ounce of each kind of
the seeds or bulblets of ‘‘noxious weeds” listed in section two, sub-section
(d) of this act, which are present.

(F) The country or locality of origin of the following imported seeds
if, ‘such are present: (1) Turkestan alfalfa, (2) Italian grown red clover,
(3) Italian grown alfalfa, (4) red clover grown in Chile.

(G) The full name and address of the seedsman, importer, dealer
or agent, or other person or persons, firms or corporations selling, offer-
ing or exposing for sale ar distribution, or shipping such mixtures from
one point within this State to another point within this State, for seed-
ing purposes.

5. Agricultural seeds or mixtures of same shall be exempt from the
provisions of this act:

(A) When possessed, exposed for sale or sold for food purposes only.

(B) When sold to merchants to be re-cleaned before being sold or
exposed for sale for seeding purposes and tagged or labeled ‘“‘to be re-
cleaned or tested.”

(C) When in store for the purpose of re-cleaning or not possessed,
sold or offered for sale for seeding purposes within this State and tagged
or labeled ‘“‘to be re-cleaned or tested.”

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 ‘“‘analysis tag or label,’ or placed inside, or
affixed to any container or bulk of agricultural seeds or mixtures sold,
offered or exposed for sale or distribution, or held in possession with in-
tent to sell within this State, or shipped from one point within this State
to another point within this State, for seeding purposes.

7. Agricultural seeds, as defined in section one of this act, or mix-
tures of same, shall be considered unfit for seeding purposes within the
meaning of this act, and are hereby prohibited from being sold, offered
or exposed for sale or distribution within this State, or shipped from
one point within this State to another point within this State, for seed-
ing purposes:

(A) When such agricultural seeds or mixtures contain more than
three (3%) per centum by weight of the seeds of weeds.

(B) When any kind or variety of alfalfa or clover contains two (2)
or more seeds of Dodder (cuscuta species) to five grams of such seeds.

(C) The commissioner of agriculture and immigration may, in his
discretion, fix the weed seed content allowable in the case of special
kinds of agricultural seeds, the character of which precludes the removal
of weed seeds to as small an amount as three (3%) per centum.

8. It shall be unlawful for any person, firm or corporation to sell,
offer or expose for sale or distribution, or have in possession with intent
to sell within this State any agricultural seeds or mixtures of same, as
defined in this act for seeding purposes without complying with the re-
quirements of this act, or to falsely mark or label any agricultural seeds
or mixtures of same, or to interfere in any way with the inspectors or
assistants in the discharge of the duties herein named.
9. 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 commissioner, upon notice to the
seed trade of this State, through the agricultural bulletin of the depart-
ment of agriculture and immigration of Virginia, with the approval of
the State board of agriculture and immigration, is hereby empowered to
adopt such rules and regulations as may be deemed necessary in order
to secure the efficient enforcement of this act. The said commissioner,
with the approval of the said board, shall maintain a laboratory with
necessary equipment, and shall 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 the said board, in his discretion, fix the salaries of said analysts, in-
spectors and assistants.

10. It shall be the duty of the said commissioner of agriculture and
immigration, either by himself or his analysts, inspectors or assistants,
to inspect, examine and make analysis of and test any agricultural seeds
or mixtures of same stored, sold, offered or exposed for sale or distribu-
tion within this State, or shipped from one point within this State to
another point within this State, for seeding purposes, at such time and
place, and to such extent as may be determined. The said commis-
sioner, analysts, inspectors and assistants shall have free access, at all
reasonable hours, upon and into any premises or structures to make ex-
amination of any agricultural seeds or mixtures of same, whether such
seeds or mixtures are upon the premises of the owner or consignee of
such seeds or mixtures, or on the premises or in possession of any ware-
house, elevator, railway or steamship company, and he is hereby given
authority in person or by his analysts, inspectors or assistants, upon
notice to the dealer, his agent or the representative of arty warehouse,
elevator, railway or steamship company, if present, to take for analysis
a composite sample of such agricultural seeds or mixtures of same.
Said sample shall be thoroughly mixed and two official samples taken
therefrom; each official sample shall be securely sealed and shall weigh
not less than two ounces. One of said samples shall be left with, or
on the premises of the vendor or party in interest, and the other retained
by the said commissioner, analysts, inspector or assistant for analysis.

In case the sample drawn as herein provided, upon test and analysis
is found to fall more than a reasonable tolerance, as shall be established
by the said commissioner, below the statements on the “‘analysis tag or
label” attached to the lot from which said sample was secured, or to
violate any of the provisions 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 “analysis tag or label’? was found affixed
thereto.

11. It shall be the duty of the commissioner of agriculture and im-
migration to publish or cause to be published, the results of the examina-
tion, analysis and test of any sample of agricultural seeds or mixtures of
same, drawn as provided for in section ten, together with any other in-
formation he may deem advisable; before such publication is made,
however, notice shall be given and proceedings had, as provided in sec-
tion fourteen.
12. It shall be unlawful for any person, firm or corporation to sell,
offer or expose for sale, or have on hand for distribution any lot of agri-
cultural seeds or mixtures of same, as defined in this act, not properly
tagged or labeled as provided herein. The commissioner of agriculture
and immigration may cause to be seized and held any lot of agricultural
seeds or mixtures of same, found to violate any of the provisions of this
act until the Jaw has been complied with or said violation otherwise
legally disposed of: provided, however, that such person, firm or cor-
poration shall have the right tmmediately to apply to the circuit court
of the city or county in which such seizure is made, for release of the
same from seizure.

13. Every violation of the provisions of this act shall be deemed &
misdemeanor, punishable by a fine of not less than twenty-five ($25.00)
dollars nor more than two hundred and fifty ($250.00) dollars, and if the
said commissioner of agriculture and immigration shall find upon exam-
ination, 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 institute proceedings in a court of competent jurisdiction to have
such rereon, firm or corporation convicted therefor, or the said commis-
sioner, in his discretion, may report the results of such examination to
the attorney for the Commonwealth, together with the sworn statement
of the analyst, duly acknowledged, and such other evidence of said viola-
tion 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 examination.

It shall ke the duty of the attorney for the Commonwealth of the

county or city in which said violation occurred, to institute proceedings
at once against the person or persons, firm or corporations charged with
such violation. It is further provided that the said attorney for the
Commonwealth shall receive for his services fifteen ($15.00) dollars for
every conviction had under this act, same to be assessed as costs against
the defendant as other costs are taxed.
14. Whenever the commissioner of agriculture and immigration
shall find upon examination, analysis or test that any of the provisions
of this act have been violated, he shall give notice to the person, firm or
corporation in whose hands the said seed was found and copy of said
notice shall be sent to the person, firm or corporation whose ‘‘analysis
tag or label” was attached to the container of such seed, designating
a time and place for a hearing. This hearing shall be private and the
person, firm or corporation involved shall have the right to introduce
evidence either in person, by agent or attorney. If, after said hearing,
or without such hearing, in case said person, firm or corporation fails
or refuses to appear, the said commissioner decides the evidence warrants
prosecution, or publication as in this law provided, he shall proceed in
the manner prescribed herein.

15. Any citizen of this State shall have the privilege of submitting
to the commissioner of agriculture and immigration samples of agricul-
tural seeds or mixtures of same, for test and analysis, subject to such
rules and regulations as may be adopted by the said commissioner as
herein provided.
16. There shall be appropriated by the general assembly a sum suf-
ficient to pay such salaries and expenses as are necessary to carry out
and properly enforce the provisions of this act. Said salaries and ex-
penses shall be paid by warrant upon the auditor of public accounts,
drawn by the said commissioner of agriculture and immigration, coun-
tersigned by the president of the board of agriculture and immigration,
and the said commissioner shall keep proper books of accounts and
vouchers on file in his office for all expenditures made from such funds.

17. Sections eleven hundred and thirty-eight to eleven hundred and
fifty-three, both inclusive, of the Code of Virginia, are hereby repealed.

18. This act shall be effective on and after the first day of January,
nineteen hundred and twenty-five.