Chap. 394.—-An ACT to amend and re-enact sections 1, 2, 3, 5 and 15 of an act
entitled an act concerning agricultural seeds, and to repeal sections 1138 to
1153, both inclusive, of the Code of Virginia, approved March 7, 1924, as
heretofore amended, and to repeal section 4 of the said act. [H B 249]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tions one, two, three, five and fifteen of an act entitled, an act con-
cerning agricultural seeds, and to repeal sections eleven hundred and
thirty-eight to eleven hundred and fifty-three, both inclusive, of the
Code of Virginia, approved March seventh, nineteen hundred and
twenty-four, as heretofore amended, be amended and re-enacted so
as to read as follows:

Section 1. The term “agricultural 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, kafhr corn, millets, tall
meadow oat grass, orchard grass, red top, Italian rye grass, perennial
rye grass, sorghum, Sudan grass, timothy, cotton, 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 exposed 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. |

Section 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 the container of such agricul-
-tural seeds, a plainly written or printed “analysis tag or label,” in the
English language, stating:

(A) Commonly accepted name of such agricultural seeds. No
agricultural seed may be tagged or labeled as one kind (species) if
five per centum or more by weight of another kind (species) is
present. If five per centum or more by weight of another kind is
present the seed must be labeled as a mixture in accordance with section
three of this act.

Seed containing more than one variety or varieties, singly or col-
lectively, must be labeled as follows:

1. If as much as ten per centum of another variety or varieties,
singly or collectively, are present the word “mixed” must appear on
the label preceding the “kind”; example, ‘“‘mixed soybeans,” “mixed
cowpeas.”

The approximate percentage by weight of any variety present may
also be given.

2. Seeds containing as much as five per centum and less than ten
per centum of another variety or varieties, singly or collectively, must
be labeled as to kind only: example, “soybeans,” “cowpeas.”

The approximate percentage of any variety present may also be
given.

3. Seed containing less than five per centum by weight of another
variety or varieties, singly or collectively, may be labeled as a single
variety.

The above varietal labeling does not affect and is in addition to
the label requirement of percentage of purity by weight required by
subsection (B) of this section.

(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 ‘tweed seeds” as herein used, being defined as the noxious
weed seeds listed in subsection (D) of this section, and seeds of other
plants commonly known as weeds. Seeds of plants known in this State
as cultivated plants, except as otherwise provided herein, shall not be
considered weed seeds under this act.

(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 dactylon), Johnson grass (sorghum halpense), Quack grass
(Agropyron repens), Dodder (Cuscuta species), Canada thistle (Cir-
sium arvense), and Hawkweed (Hieracium species).

The Commissioner of Agriculture and Immigration is hereby given
authority, at his discretion, to change the unit of weight required to
be used on the label in giving the noxious weed seed content.

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

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

(G) 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, how-
ever, 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 herein.

Section 3. Mixtures of agricultural seeds when sold, offered or
exposed for sale or distribution in bulk packages or other containers,
regardless of weight, shall have affixed thereto, in a conspicuous place
on the exterior of such container 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, the pure seed
of which is present in excess of five per centum by weight of the
total mixture, together with a clearly worded statement to that effect.

Provided, however, that mixtures containing two kinds only of
agricultural seeds must also be labeled with the approximate percentage
by weight of each.

If kinds of agricultural seeds which are present in quantities less
than five per centum by weight are given on the label, a clear state-
ment relative to the quantity of each present must also be given.

(C) The approximate total percentage by weight of weed seeds,
as defined in subsection (C) of section two of this act.

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

(E) Name and approximate number per ounce of each kind of
the seeds or bulblets of noxious weeds present. Noxious weeds are
defined in subsection (D) of section two of this act. The Commissioner
of Agriculture and Immigration is hereby given authority, at his dis-
cretion, to change the unit of weight required to be used on the label
in giving the noxious weed seed content.

(F) The approximate percentage of germination together with the
month and year of test of each kind of agricultural seed which is
present in excess of five per centum by weight of the total mixture.

(G) The full name and address of the seedsman, importer, dealer or
agent, or other person or persons, firm or corporations selling, offering
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.

Section 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 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 by any common
carrier.

(C) When sold to merchants to be recleaned before being sold or
exposed for sale for seeding purposes and tagged or labeled “‘to be
recleaned or tested.”

(D) When in store for the purpose of recleaning or not possessed,
sold or offered for sale for seeding purposes within this State and
tagged or labeled “to be recleaned or tested.”

Section 15. Any citizen of this State shall have the privilege of
submitting to the Commisioner of Agriculture and Immigration samples
of agricultural seeds for test and analysis, subject to such rules and
regulations as may be adopted by said commissioner. The Commis-
sioner of Agriculture and Immigration may fix the maximum number
of samples tested free of charge for any one period of time for any
individual firm or corporation. The commissioner may also fix the
number of tests and charges for tests of samples submitted in excess
of those tested free of charge.

2. Be it further enacted by the General Assembly of Virginia, That
section four of an act entitled an act concerning agricultural seeds, and
to repeal sections eleven hundred and thirty-eight to eleven hundred and
fifty-three, both inclusive of the Code of Virginia, approved March
seventh, nineteen hundred and twenty-four, be, and the same is hereby
repealed.

3. This act shall become effective on and after the first day of
January, 1937.