Chap. 223.—An ACT to create a commission for the supervision of the production
and distribution of certified seed; to prescribe its powers and duties; to provide
for the appointment and qualifications of its members, secretary, chief, and
other personnel, of the field force, and clerical assistants; to provide for the
procurement of certified seed stocks, selection of producers, adoption of stand-
ards, the regulation and purification of seed stocks; to prohibit certain acts and
activities relative to production and distribution of seeds; to prescribe penalties ;
to provide for the expense of administration; to incorporate herein the substan-
tial provisions of Chapter 370, Acts 1936, approved March 28, 1936; and to
repeal said act. [S B 114]

Approved March 14, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. A commission, to be known as the State Certified Seed
Commission, hereinafter sometimes called the “Commission”, is created
and invested with the powers and duties herein set forth, and with all
other powers necessary and proper to enable it to execute fully and effect-
ually all of the purposes of this act.

Section 2. The Commissioner of Agriculture and Immigration, the
Director of the Experiment Station at Blacksburg, the Director of Exten-
sion Division, and the Head of the Agronomy Department, of the Vir-
ginia Agricultural and Mechanical College and Polytechnic Institute, shall
constitute, ex officio, the Commission.

Section 3. A majority of the regular members of the Commission
shall constitute a quorum, one of whom shall be elected chairman.

Section 4. The Commission shall (1) set up and define the stand-
ards for agricultural seed, as defined in chapter one hundred and four-
teen of the Acts of nineteen hundred and twenty-four; approved March
seventh, nineteen hundred and twenty-four, as heretofore, or hereafter,
amended, for vegetable seed and for tubers, used for seeding purposes,
(2) provide for their certification and procurement, (3) adopt brands,
(4) select, by general regulation and systematic examination, producers
of certified seed, (5) appoint a full time secretary, who shall be ex officio
administrative secretary and have charge of all clerical assistants and all
records and official files of the Commission, a chief of field forces, who
shall have supervision and authority over the field staff, all necessary
clerical assistants, and, by and with the advice and recommendation of the
chief of field forces, such additional field men as necessary. All such ap-
pointees shall be subject to removal at the pleasure of the Commission.

Section 5. The members of the Commission shall serve without
compensation but shall be reimbursed for their actual traveling and other
necessary expenses incurred in the performance of their duties hereunder.
The Commission shall have power to fix the compensation of its em-
ployees within the appropriations made for such purposes and subject to
the current provisions of law as to compensation of officers and employees
of the Commonwealth. Salaries and expenses shall be paid by the Treas-
urer, on warrants of the Comptroller, issued on vouchers signed by the
chairman of, or by such other person or persons designated by, the Com-
mission.

Section 6. The Commission shall maintain an office in Blacksburg
from which place its duties shall be performed and it is authorized to
procure the necessary quarters and office equipment, payment for which
shall be as in other cases of like character. Meetings of the Commission
shall be held, upon the call of the chairman, in Blacksburg or at such other
place as designated in the call.

Section 7. The Commission shall have authority to promulgate rea-
sonable rules and regulations, after a public hearing and investigation, and
upon due publication of notice of the general object, time, and place, at
least fifteen days before the date fixed for the hearing, in a newspaper of
general circulation published in the City of Richmond, together with such
other dissemination of notice as is deemed advisable, governing the cer-
tifying, branding and labeling of seed, and the tagging of certified seeds,
other than those now provided by law. Such rules and regulations shall
be reasonably adapted to the promotion of the objects of this and other
laws on the subject, and of the agricultural interests of the State.

Section 8. The Commission shall have authority to fix and prescribe
fees for use of brands, labels, and tags which it adopts, proceeds from
which to be used as a supplement to any appropriation for administrative
purposes. Such fees, if any, shall be paid into the general fund of the
State treasury and disbursed therefrom as provided by law.

Section 9. The Commission shall encourage the production and use
of certified seed as an economic measure when consistent with a fair profit
for the certified seed producer. It shall also consider and advise coopera-
tion or marketing systems for certified seed producers, through seed deal-
ers or cooperative warehouses, control standards and grades and dis-
tribution of certified seed stocks other than through private sales by pro-
ducers, make as far as possible all certified seed stocks available for mar-
ket demands through pooling or other means, insure to all producers, as
far as possible, uniform percentage sales, and distribute among producers
on a fair basis the carry-over of unsold certified seed stocks for sale and
distribution commercially as far as feasible. The uniform observance of
the rules and regulations, and all matters of policy and control in the pro-
duction of certified seed shall be carried out by the Commission through
the chief of the field staff and his assistants, and it shall cooperate with
State and other agencies engaged in similar work. |

Section 10. (a) It shall be unlawful for any person, firm or
corporation to use, orally or in writing, relative to any agricultural or
vegetable seeds, or any tubers for seeding purposes, or plants, sold or
advertised or offered for sale in this State, the term “certified”, alone or
with other words, or to so use any other term or form of words which
suggests that there has been inspection and certification, or either, unless
such seeds or tubers or plants have been certified as herein provided.

(b) If such seeds or tubers or plants were produced in another
state or in a foreign country, certification by the legally constituted inspec-
tion officials of such state or country or of the United States shall be sut-
ficient, if accepted by the Commission ; but if such seeds or tubers or plants
were produced in Virginia, certification shall be by the producers under
authorization of the Commission, or its duly authorized inspectors or
agents, or by such other agency as the Commission shall designate ; except
in case of certificates issued by the State Department of Agriculture and
Immigration in its regulatory work as authorized by law. The Commis-
sion shall adopt and promulgate appropriate standards of health, vigor,
purity and type for certifying such seed, tubers and plants as are suited
to the needs of agriculture in this State.

(c) Any person, firm or corporation who or which violates any of
the provisions of this section, shall be guilty of a misdemeanor, and upon
conviction shall be punished by a fine not to exceed five hundred dollars.
Each violation shall constitute a separate offense.

Section 11. Nothing in this act shall be construed as invalidating
any of the provisions of the following laws: Chapter three hundred and
forty-six of the Acts of the General Assembly of nineteen hundred and
thirty-eight, approved March thirty-first, nineteen hundred and thirty-
eight; Chapter two hundred and twelve of the Acts of the General As-
sembly of nineteen hundred and thirty, approved March twenty-second,
nineteen hundred and thirty; nor shall anything in this act be construed
to regulate, restrict or affect in any way whatsoever the certification o!
seeds, plants and other materials, or the use of the term ‘‘certified” ot
other similar words, by the Department of Agriculture and Immigration,
the Commissioner of Agriculture and Immigration, or the State Boarc
of Agriculture and Immigration, in its or their regulatory work, as au-
thorized by law.

2. Be it further enacted, That chapter three hundred and seventy
of the Acts of nineteen hundred and thirty-six, approved March twenty-
eighth, nineteen hundred and thirty-six, is repealed.