Chap. 212.-An ACT to amend the Code of’ Virginia, by adding thereto ten
new sections, numbered 1154-a, 1154-b, 1154-c, 1154-d, 1154-e, 1154-f, 1154-g,
1154-h, 1154-i, 1154-j, both inclusive, relating to the sale of vegetable seeds,
providing definitions, label requirements, exemptions; prescribing the powers
and duties of the commissioner of agriculture and immigration and _ his
employees; prohibiting false marks; making violations of this act a mis-
demeanor and providing for prosecutions thereof; providing trial grounds;
making provisions for free tests and authorizing the commissioner of
agriculture and immigration to prescribe rules and regulations and to repeal
chapter 379 of the acts of 1922, entitled an act to prevent the sale of inferior
and worthless vegetable seed in the State of Virginia. [H B 231]

Approved March 22, 1930

1. Be it enacted by the general assembly of Virginia, That the
Code of Virginia be amended by adding thereto ten new sections num-
bered eleven hundred and fifty-four-a to eleven hundred and fifty-
four-j, both inclusive. )

Section 1154-a. Definitions——The term “vegetable seeds” as used
in this chapter, shall include the seeds, regardless of origin, of those
crops that are grown in gardens or on truck farms and generally known
and sold under the name “vegetable seeds” and which are sold, offered
or exposed for sale or distribution or had in possession with intent
to sell within this State for seeding purposes or shipped from one
point within this State to another point within this State, for seeding
purposes.

Section 1154-b. Label requirements.——Each separate container of
vegetable seeds as defined in section eleven fifty-four-a of this chapter,
except as herein otherwise provided, shall be clearly and plainly labeled
in the English language as follows:

a. The kind of seed and the variety.

b. The year for which packeted or put up provided that the words
packed for shall precede the year.

c. The approximate percentage of germination together with the
month and year said seed was tested, provided the germination is
less than the standard of germination fixed by the commissioner of
agriculture and immigration for that kind and variety as authorized
in section eleven fifty-four-d of this chapter.

d. Full name and address of the person or firm who put up or
packeted the seed and labeled the same.

e. Provided that no label shall be required on vegetable seed which
is sold and delivered directly to the purchaser from a container which
is labeled as required herein.

Section 1154-c. Exemptions.—Vegetable seeds shall be exempt
from the provisions of this chapter:
a. When possessed, exposed for sale or sold for food purposes
only.
b. When sold to merchants to be re-cleaned or tested before being
sold or offered for sale for seeding purposes.

c. When possessed, exposed for sale or sold 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 by
any common carrier.

Section 1154-d. Duties of commissioner of agriculture and im-
migration, inspection, sampling, testing, publication, standards ——The
duty of enforcing this chapter and carrying out its provisions and re-
quirements shall be vested in the commissioner of agriculture and immi-
gration of this State. It shall be the duty of said commissioner, who
may act through his authorized agents to inspect and sample vegetable
seeds, as defined in section eleven hundred and fifty-four-a at such
time and place and to such extent as may be necessary, and to deter-
mine the purity, viability and trueness to variety, so far as it is found
practicable, of such vegetable seeds and when such seeds are found to
be adulterated, misbranded or of poor quality, according to standards,
including germination standards for each kind of vegetable seed, es-
tablished by said commissioner, to publish the results of the tests to-
gether with the name and address of the person or firm by whom the
seed was put up or packeted and the person or firm in whose hands the
seed was found, as well as such other information as may be im-
portant.

In case a sample drawn as provided herein upon test or analysis is
found to fall below the statement of the tag or label attached to the lot
from which said sample was secured, or to violate any of the provisions
of this chapter, the vendor or consignee of said lot of seed shall be
notified and a copy of said notice mailed to the person, firm or cor-
poration whose tag or label was found affixed thereto.

The commissioner of agriculture and immigration is hereby author-
ized to purchase such samples of vegetable seed as may be necessary to
carry out the provisions of this chapter and to pay the reasonable
market price for same.

Section 1154-e. Police power conferred-—The commissioner of
agriculture and immigration and his employees are empowered with
authority to enter upon any premises where vegetable seeds are offered
for sale for the purpose of carrying out the provisions of this chapter.
Any person or persons who shall obstruct or hinder the said commis-
sioner or his employees in the discharge of their duties under this
chapter shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not less than five dollars nor more than one hun-
dred dollars.

Section 1154-f. Unlawful to falsely mark; stoppage of sale au-
thorized.—It shall be unlawful for any person, firm or corporation to
falsely mark, or to sell, offer or expose for sale, or have on hand for
distribution any vegetable seeds, as defined in this chapter not properly
agged or labeled as provided herein or to interfere in any way with
he duly authorized representatives of the commissioner of agriculture
ind immigration in the discharge of the duties herein required.

The commissioner of agriculture and immigration may cause to be
withheld from sale any lot of vegetable seeds found to violate any of
the provisions of this chapter until the law has been complied with or
said violation otherwise legally disposed of; provided, however, that
the person, firm or corporation who owns the seed withheld shall have
the right to apply to the proper court of the city or county in which
such action has been taken for release of the saine.

Section 1154-g. Violations and prosecutions——Every violation of
the provisions of this chapter shall be deemed a misdemeanor punish-
able by a fine of not less than five dollars nor more than one hundred
dollars and if the commissioner of agriculture and immigration shall
find upon examination, analysis or test, that any person, firm or cor-
poration has violated any of the provisions of this chapter, he or his
duty authorized agent or agents may institute proceedings in a court
of competent jurisdiction to have such person, firm or corporation con-
victed therefor, or the commissioner of agriculture and immigration,
in his discretion, may report the results of such examination or test
to the attorney of the commonwealth together with sworn statement
of the analyst, duly acknowledged, and such other evidence of said
violation as he shall deem necessary.

It shall be the duty of the attorney of the commonwealth of the
county or city in which said violation occurred to institute proceedings
at once against the person or persons, firm or corporation charged with
such violation.

Provided, however, that no prosecution under this chapter shall be
instituted except in the manner following: when the commissioner of
agriculture and immigration finds that this chapter has been violated,
he shall give notice to the person or firm in whose hands the seed was
found designating a time and place for a hearing. This hearing shall
be public or private and the person or firm involved shall have the right
to introduce evidence either in person, or by agent or attorney. If,
after said hearing, or without such hearing, in case said person fails
or refuses to appear, the said commissioner decides that the evidence
warrants prosecution, he shall proceed as herein provided.

Section 1154-h. Trial grounds.—-For the purpose of carrying out
the provisions of this chapter the Virginia truck experiment station 1s
authorized to establish and maintain trial grounds and to employ ex-
perts in order that samples of vegetable seeds submitted by the com-
missioner of agriculture and immigration, collected as authorized by
this chapter may be tested for trueness to variety.

The director of the Virginia truck experiment station shall causs
to be tested for trueness to variety so far as practicable and so far a:
facilities permit, such samples of vegetable seeds, taken under the pro.
visions of this chapter as are submitted to him for that purpose by th
commissioner of agriculture and immigration, and shall report the
results of such tests to the commissioner.
Section 1154-i. Provisions for free tests—-Any citizen of this
State shall have the privilege of submitting to the commissioner of
agriculture and immigration samples of vegetable seeds for test and
analysis, subject to such rules and regulations as may be adopted by
said commissioner. Provided that the said commissioner may by
such regulations fix the maximum number of samples that may be
tested free of charge and for any one citizen in any one period of
time and fix charges for tests of samples submitted in excess of those
tested free of charge.

Section 1154-j. Rules and regulations——The commissioner of ag-
riculture and immigration, upon notice to the seed trade of this State
through the agricultural bulletins of the department of agriculture and
immigration, of Virginia or through other publications with the appro-
val of the State board of agriculture and immigration, 1s hereby em-
powered to adopt such reasonable rules and regulations as may be
deemed necessary in order to secure the efficient enforcement of this
chapter.

2. Beit further enacted by the general assembly of Virginia, That
chapter three hundred and seventy-nine of the acts of nineteen hundred
and twenty-two, entitled, an act to prevent the sale of inferior and
worthless vegetable seed in the State of Virginia is hereby repealed.

3. This act shall be effective on and after the first day of January,
nineteen hundred and thirty-one.