Chap. 346.—An ACT to amend and re-enact Sections 1 and 7 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 further amend said act by adding thereto a
new section numbered 7-a, prohibiting the sale or distribution of certain
seeds. fH B 318]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions one and seven 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, ap-
proved March seventh, nineteen hundred and twenty-four, as hereto-
fore amended, be amended and re-enacted, and that said act be. further
amended by adding thereto a new section numbered seven-a, so that
the said amended sections and the said new section shall read as
follows: |

Section 1. Agricultural seeds defined—The term asedcaaleaeend
seed” or “agricultural seeds’, as used in this act, shall be defined as
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, sorghum,
Sudan grass, timothy, Bermuda grass only when sold as such and
when sold in packages and so marked (in all other cases, Bermuda
grass is to be considered under this act as a noxious weed seed and is
here so defined), cotton, alfalfa, clovers, lespedezas, field peas, cow-
peas, soy beans, vetches, buckwheat, flax, rape, barley, field corn,
oats, rye, wheat, and other grasses, forage plants and cereals which
are sold, stored, offered or exposed for sale or distribution, or had in
possession with intent to sell within this State, or transported from one
point within this state to another point within this State for seeding
purposes.

Section 7. What seeds prohibited from being sold or transported
for seeding purposes.—Agricultural seeds, as defined in section one
of this act, or mixtures 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 transported from one point within this State to another
point within this State for seeding 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 of agricultural seeds or mixtures of same
contain twelve or more seeds of Dodder (Cuscuta species) to one
ounce of such seeds or mixtures.

(C) When any kind of agricultural seeds or mixtures of same
contain one or more Johnson grass (Sorghum halapense) seeds to two
(2) ounces of such seeds or mixtures.

(D) 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.

Section 7-a. Sale or distribution of certain seeds prohibited.—
It shall be unlawful to sell or to offer for sale or distribution in this
State for seeding purposes within this State seeds or any material
whatsoever such as “‘seed screenings” or “tailings” which contain weed
seeds as defined in this act in excess of three (3%) per centum by
weight or, which contain the seeds of Dodder or Johnson grass in
excess of the amounts specified in section seven of this act.

The term “seed screenings” and “tailings” as used in this act
shall be defined as material removed in the cleaning of ‘ agricultural
seeds”. Seeds or any material whatsoever, as defined in this section,
when offered for sale or distribution within this State for. purposes
other than seeding, must be plainly labeled on each container with the
following statement: “Not for Seeding Purposes”.