Chap. 144.—An ACT to amend and re-enact Section 2, as amended, of Chapter
114 of the Acts of Assembly of 1924, approved March 7, 1924, relating to agri-
cultural seeds, and to further amend such chapter by adding thereto a new
section numbered 2-a, defining hybrid seed corn and regulating its sale. [H 241]

Approved March 6, 1944

Be it enacted by the General Assembly of Virginia :

1. That section two, as amended, of chapter one hundred fourteen
of the Acts of Assembly of nineteen hundred twenty-four, approved
March seventh, nineteen hundred twenty-four, be amended and re-
enacted, and that such chapter be further amended by adding thereto
a new section numbered two-a, as follows:

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 agricultural
seeds, a plainly written or printed “analysis tag or label”, in the English
language, stating:

(A) Commonly accepted name of such agricultural seeds. No agri-
cultural 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 collec-
tively, 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 cow-
peas”.

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 va-
riety. |

The above varietal labeling does not affect and is in addition to the
label requirement of percentage of purity by weight required by subsec-
tion (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 “weed 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 cul-
tivated plants, except as otherwise provided herein, shall not be con-
sidered weed seeds under this act.

(D) The name and approximate number per pound 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 halapense), Quack grass (Agro-
pyron repens), Dodder (Cuscuta species), Canada thistle (Cirsium
arvense), and Field Bindweed (Convolvulus arvensis).

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, of-
fering 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.

(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 ts 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
herein.

Section 2-a. The term “hybrid seed corn’ means the first-generation
seed of a cross involving two, three or four inbred lines in one of the
following combinations: (1) Single cross—a cross between two inbred
lines; (2) Double. cross—a cross between two unrelated single crosses ;
(3) Three-way cross—a cross between a single cross and an inbred line.
Hybrid designations shall be treated as variety names, and in addition
to the label requirements found in section two hereof, such seed shall
be labeled so as to show the following: (i) the name and number by
which the hybrid is designated, (11) a statement that such seed is a “single
cross”, a “double cross” or a ‘“‘three-way cross”.

The vendor of the seed shall be responsible for there being on file
with the Commissioner of Agriculture and Immigration at Richmond, a
statement giving the pedigree of the hybrid and the name of the breeder
who developed each inbred line in the cross, and such statement. shall
be filed prior to the time the seed is sold or offered for sale within this
State.
For the purpose of interpretation, an inbred line shall be considered
a relatively stable and pure breeding strain, resulting from not less than
five successive generations of controlled-pollination.