CHAPTER 518

AN ACT to amend and reenact §§ 8-209, 8-210, 3-211, 3-218,
8-214 and 8-215, of the Code of 1950, and to amend the
Code by adding a section numbered 8-218.1, the amended
and new sections relating to the labeling, sale and offering
for sale of agriculture and vegetable seeds and aren |

499

Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:

1. That §§ 3-209, 3-210, 3-211, 3-218, 3-214 and 3-215, of the
Code of 1950 be amended and reenacted, and that the Code be
amended by adding a section numbered 3-213.1, as follows:

§ 3-209. Definitions.—As used in this chapter, unless the
context clearly requires otherwise:

(a) “Person” includes an individual, a partnership, corpo-
ration, company, society, or association.

(b) “Commissioner” means the Commissioner of Agricul-
ture and Immigration of Virginia.

(c) “Agricultural seeds” include 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, sorghums, Sudan
grass, sweet Sudan grass, timothy, Bermuda grass when sold
as such and when present in mixtures at the rate of five per
centum or more by weight (in all other cases, Bermuda grass
is to be considered under this chapter as a secondary noxious-
weed seed and is here so defined), crotalarias, cotton, alfalfa,
clovers, lespedezas, field peas, cowpeas, soybeans, vetches, pea-
nuts, buckwheat, flax, rape, barley, corn, oats, rye, wheat, tobacco
and any other kinds of seeds recognized within this State as
agricultural or field seeds, and mixtures of such seeds.

(d) “Vegetable seeds” include the seeds of those crops
which are grown in gardens or on truck farms and are generally
known and sold under the name of vegetable seeds in this State.

(e) “Kind” means one or more related species or sub-
species which singly or collectively is known by one common
name, for example, wheat, oat, vetch, sweet clover, cabbage,
cauliflower, and so forth.

(f) “Variety”? means a subdivision of a kind which is char-
acterized by growth, plant, fruit, seed, or other characters by
which it can be differentiated from sorts of the same kind, for
example, Fulghum oats, Flat Dutch cabbage, Tokio soybeans,
and so forth.

(g) “Mixture” means seeds consisting of more than one
Kind or variety, each present in excess of five per centum of the
whole.

(h) ““Weed seeds” includes the seeds and bulblets of all
plants generally recognized as weeds within this State, and shall
include noxious-weed seeds.

(1) “Noxious-weed seeds” are weed seeds that are dissemi-
nated in seed subject to this chapter and shall be divided intc
two classes, “primary noxious-weed seeds” and “‘secondary noxi-
ous-weed seeds”.

(j) “Primary noxious-weed seeds” are the seeds of peren-
nial weeds such as not only reproduce by seed but also spread
by underground roots and stems, and which, when established,
are highly destructive and are not controlled in this State by
cultural practices commonly used; and for the purpose of this
act are the seeds of Bindweed (Convolvulus arvensis), Quack:
grass (Agropyron repens), Canada thistle (Cirsium arvense).
and Johnson grass (Sorghum halepense).

(k) “Secondary noxious-weed seeds” are the seeds of suck
weeds as are very objectionable in fields, lawns and gardens ir
this State and are difficult to control by cultural practices com-
monly used, and for the purpose of this act are the seeds ol
Dodder (Cuscuta spp.), Bermuda grass (Cynodon Dactylon).
Wild onion bulblets and Wild garlic bulblets (Allium spp.).

(l) “Origin” means the State, Alaska, District of Columbia
Hawaii, Puerto Rico, or possession of the United States, or the
foreign country, or designated portion thereof, where the seec
was grown. .
(m) “Labeling” includes all labels, and other written,
printed, or graphic representations, in any form whatsoever,
accompanying and pertaining to any seed whether in bulk or in
containers, and includes invoices.

(n) “Advertisement” means all representations, other than
those on the label, disseminated in any manner or by any means,
relating to seed within the scope of this chapter.

(0) “Processing” means cleaning, scarifying, or blending
to obtain uniform quality, and other operations which would
change the purity or germination of the seed and therefore re-
quire retesting to determine the quality of the seed, but does
not include operations such as packaging, labeling, blending to-
gether of uniform lots of the same kind or variety without
cleaning, or the preparation of a mixture without cleaning, any
of which ‘would not require retesting to determine the quality
of the seed.

(p) “Screenings” shall include chaff, sterile florets, seed,
emmature seed, weed seed, inert matter, and any other materi
removed in any way from any seeds in any kind of cleaning or
processing.

(q) “Hybrid seed corn’ means the first generation seed of
a cross * made under controlled conditions between strains of
different parentage and involving at least one inbred line of

(r) “Inbred line’ is a relatively stable and pure breeding
strain of corn resulting from not less than four successive gen-
erations of controlled selfed pollination.

(3) “Controlled conditions” (1) for closed pedigree hybrids
means those minimum standards for purity of seed stock, tsola-
tion, planting ratio, detasseling, rogueing and harvesting of
detasseled rows for seed purposes for hybrid seed corn estab-
lished under the International Rules for Certification except
that certification of seed stocks shall not be required; (2) for
open pedigree hybrids means those minimum requirements for
hybrid seed corn established by the official State Certifying

gency.

(t) “Description of a corn inbred line or a corn hybrid”
means color of the grain and cob; husk characteristics, charac-
teristic indentation of the kernels; color of silk, relative plant
and ear height and relative date of maturity in days when com-
pared to a well known station or U. S. corn inbred line or hy-
brid which may be specified by the Commissioner; and such other
information which might be helpful in identifying the corn in-
bred line or hybrid.

(u) “Non-coded” means that the pedigree of the hybrid
shall show the same designation for the hybrid as that assigned
by the person developing the hybrid at the time it is first put
in official test, production, or sale, together with the published
non-coded pedigree and each inbred line used in producing the
hybrid shall show the same designation as that used when tt was
first used in a hybrid which was put into official test, produc-
tion or sale.

(v) “Pedigree” means the usual designated combination of
two or more symbols of letters or numbers, or letters and num-
bers identifying the inbred lines or varieties combined to make
a hybrid or its reciprocal cross.

(w) (1) “Commercial hybrid seed corn” means hybrid seed
corn (not foundation seed corn) that 1s offered for sale for seed-
ing purposes other than for the production of hybrid seed corn.

(2) “Open-pedigree hybrid” means a hybrid for which the
pedigree 1s generally known and for which the seed stocks to
produce that hybrid are generally available to the public in
quantity.

(8) “Closed pedigree hybrid” means a hybrid for which
the pedgree is not generally known and for which the seed
stocks are not generally available to the public and which con-
tains at least one privately developed inbred line.

(x) “Lot of seed” means a definite quantity of seed iden-
tified by a lot number, or other lot identification, every portion
or bag of which is uniform, within permitted tolerances, for the
factors which appear in the labeling.

(y) “Purity’ means the name or names of the kind, or
variety and the percentage or percentages thereof; the per-
centage of other agricultural seed or crop seed; the percentage
of weed seeds, including noxious-weed seeds; the percentage of
inert matter; and the names of the noxious-weed seeds and the
rate of occurrence of each.

(z) “Germination” means the percentage of seeds capable
of producing normal seedlings under ordinarily favorable con-
ditions (not including seeds which produce weak, broken, mal-
formed, or obviously abnormal sprouts), determined by methods
prescribed in the rules and regulations promulgated under this
chapter.

(aa) “Certified seed’, “registered seed” or “foundation
seed’? means seed that has been produced and labeled in accord-
ance with the procedures and in compliance with the requtre-
ments of the official State Certifying Agency.

§ 3-210. Label Requirements.—Each container of (a)
agricultural or (b) vegetable seed which is sold, offered for sale,
or exposed for sale, within this State for sowing purposes, or
(c) seed other than for sowing purposes, shall bear thereon or
have attached thereto in a conspicuous place a plainly written
or printed label or tag in the English language, giving the fol-
lowing information:
(a) For Agricultural seeds:

(1) Commonly accepted name of (a) kind, or (b) kind
and variety, of each agricultural seed component in excess of
five per centum of the whole, and the percentage by weight of
2ach in the order of its predominance. Where more than one
“component is required to be named, the word “mixture” or the
word ‘“mixed’’ shall be shown conspicuously on the label. The
representation of kind, or kind and variety shall be confined to
the recognized name of the kind or kind and variety.

(2) Lot number or other lot identification.

(3) Origin, if known, of orchard grass, alfalfa and red
clover seeds. * If the origin is unknown, that fact shall be stated.

(4) Percentage by weight of all weed seeds.

(5) The name and approximate number of each kind of
primary noxious-weed seed per ounce when present singly or
collectively in amounts not exceeding the tolerances authorized
by Subsection I(a), paragraph number 4 of § 8-211.

(6) The name and approximate number of each kind of
secondary noxious-weed seed per ounce when present singly or
collectively in any amount whatsoever, provided, however, that
the Commissioner is hereby authorized to establish tolerances
for the enforcement of this requirement and it shall be his
duty to include these tolerances in the rules and regulations
supplementary to this chapter.

(7) Percentage by weight of vegetable seeds and of agri-
ce seeds other than those required to be named on the
abel.

(8) Percentage by weight of inert matter.

(9) For each named agricultural seed present in excess of
five per centum by weight (a) percentage of germination, ex-
clusive of hard seed, (b) percentage of hard seed, if present,
and (c) the calendar month and year the test was completed tc
determine such percentages. Following (a) and (b) the addi-
tional statement “total germination and hard seed” may be
stated as such, if desired.

(10) For each named agricultural seed present in a pro.
portion of five per centum or less of the whole (a) percentage
of germination, exclusive of hard seed, (b) percentage of hara
seed, if present, and (c) the calendar month and year the tes
was completed to determine such percentages. Following (a;
and (b), the additional statement “total germination and hare
seed” may be stated as such, if desired.

(11) For * seed corn, * offered for sale in Virginia anc
designated as a hybrid, the name or number by which the hy
brid is commonly designated, plainly written or printed on the
tag or label. (A hybrid designation shall be treated as a variety
name.) * * * * *
(12) For hybrid seed corn, except foundation seed, which
germinates less than 90 per cent, there must appear on the an-
alysis tag the words “Below Standard in Germination” in not
less than eight point type.

(18) In addition to the label requirements under this sec-
tion, each container of open pedigree hybrid seed corn sold in
this State shall bear thereon or have attached thereto an official
tag and/or seal of the certifying agency of the state, province
or country who certified the seed.

(14) Name and address of the person who labeled the seed,
or who sells, offers or exposes said seed for sale within this State.

(b) For vegetable seeds:

(1) Name of kind and variety of seeds, including hybrid
designation of hybrid corn and tf two or more kinds or vart-
eties are present, the percentage of each. |

(2) The year for which packeted or put up, provided that
the words “packed for’ shall precede the year.

(3) For * each variety of vegetable seed which germinates
less than the standard last established by the Commissioner
under this chapter.

(4) Lot number or other lot identification:

(A) Percentage of germination, exclusive of hard seed;

(B) Percentage of hard seed, if present;

(C) The calendar month and year the test was completed
to determine such percentages;

(D) The words “Below Standard in Germination” in not
less than eight point type. —

(5) Name and address of the person who labeled the seed,
ad who sells, offers, or exposes the seed for sale within this

tate

( c) For seed other than for sowing purposes:

Seeds, screenings or any material whatsoever, which contain
weed seeds in excess of two and twenty-five one hundredths per
centum (2.25%), by weight or, siz or more dodder seed to the
ounce or, which contain primary noxtous-weed seeds (each sub-
ject to tolerances and methods of determination prescribed in
the rules and regulations under this act) when offered for sale
or distribution in this State for purposes other than for sowing
must be plainly labeled on each container in such a way as to
unmistakably indicate to the purchaser that the contents are not
for sowing.

§ 3-211. Prohibitions. — It shall be unlawful for any
person:

I. To transport, to offer for transportation, to sell, offer
for sale, or expose for sale within this State, for sowing pur-
poses:
(a) Agricultural or vegetable seed:

(1) Unless the test to determine the percentage of germi-
nation required by § 3-210, shall have been completed within a
twelve month period, exclusive of the calendar month in which
the test was completed, immediately prior to sale, exposure for
sale, or offering for sale or transportation.

(2) Not labeled in accordance with the provisions of this
chapter, or having a false or misleading laheling.

(3) Pertaining to which there has been a false or mislead-
ing advertisement.

(4) Containing primary noxious-weed seeds subject to tol-
erances and methods of determination prescribed in the rules
and regulations under this chapter.

(5) Containing weed seeds in excess of two and twenty-
five one hundredths per centum (2.25%) by weight, subject
to tolerances and methods of determination prescribed in the
rules and regulations under this chapter.

(6) Containing siz or more dodder seed (Cuscuta spp.) to
the ounce, subject to tolerances and methods of determination
prescribed in the rules and regulations under this chapter.

(7) That have been treated with any substance designed to
control or repel seed-borne plant diseases or insect pests attack-
ing such seed unless each container bears a label giving informa-
tion in such form as the Commissioner may, by rules and regu-
lations prescribe, showing the commonly accepted name or the
kind or nature of such substance, and, if such substance may be
harmful to humans or other vertebrate animals, a warning or
caution statement adequate to protect the public.

(8) To which there is affixed names or terms that create a
misleading impression as to the history or quality of the kind or
kind and variety. :

(9) Open pedigree hybrid seed corn, except vegetable seed
corn, which has not been certified by an officially recognized
certifying agency in the State, province or country in which the
seed was grown, except that under certain conditions wherein
hybrids have met all provisions for certification except for ger-
mination, permission may be given by the Commissioner to sell
such seed upon the recommendation of the Virginia Certified
Seed Commission.

(10) Hybrid seed corn which has been inspected in the field
by a duly authorized inspector of the certifying agency and re-
jected because of failure to conform to the controlled conditions
as defined by this chapter.

(b) Screenings:

(1) Containing primary noxious-weed seeds subject to tol-
erances and methods of determination prescribed in the rules
and regulations under this chapter.
(2) Containing weed seeds in excess of two and twenty-
five one hundredths per centum (2.25%) by weight, subject to
tolerances and methods of determination prescribed in the rules
and regulations under this chapter.

(3) Containing six or more dodder seed (Cuscuta spp.) to
the ounce, subject to tolerances and methods of determination
prescribed in the rules and regulations under this chapter.

(II) To detach, alter, deface, or destroy any label pro-
vided for in this chapter or the rules and regulations made and
promulgated thereunder, or to alter or substitute seed, in a
manner that may defeat the purposes of this chapter.

(III) To disseminate any false or misleading advertise-
ment concerning agricultural or vegetable seed in any manner
or by any means.

(IV) To hinder or obstruct in any way any authorized per-
son in the performance of his duties under this chapter.

(V) To fail to comply with any “stop sale’ order issued
under this chapter.

§ 3-213. Exemptions.—(a) The provisions of §§ 3-210
and 3-211 do not apply:

(1) To seed or grain not intended for sowing purposes,
except as required by § 8-210(c).

To seed in storage in, or consigned to, a seed cleaning
or processing establishment for cleaning or processing; pro-
vided, that any labeling or other representation which may be
made with respect to such unclean seed shall be subject to this
chapter.

(3) To seed * grown, sold and delivered by a * grower, who
incidentally sells on his own premises directly to the consumer,
only such seeds as * were produced by him and who does not
sell any seeds not produced by him. * If, however, the seed is
advertised for sale through the public press, circular or catalog,
or if the seed is transported by the grower off the premises or
1s delivered by mail or by a common carrier, the seed shall be
subject to §§ 8-210 and 8-211.

(b) No person shall be subject to the penalties of this
chapter for having sold, offered or exposed for sale in this State
any agricultural or vegetable seeds, which were incorrectly
labeled or represented as to kind, variety or origin which seeds
cannot be identified by examination thereof, unless he has failed
to obtain an invoice or grower’s declaration giving kind, or kind
and variety and origin, if required, and to take such other pre-
cautions as may be necessary to insure the identity to be that
stated.

§ 3-213.1. Disclaimers and non-warranties.—A disclaimer,
non-warranty, or limited warranty used in any invoice, adver-
tising, labeling, or written, printed, or graphic matter pertain-
ing to any seed shall not directly or indirectly deny or modify
any information required by this act and the rules and regula-
tions for the enforcement of this chapter.

§ 3-214. Duties and authority of the Commissioner.— (a)
The duty of enforcing this chapter, and carrying out its provi-
sions and requirements shall be vested in the Commissioner. It
shall be the duty of such officer, who may act through his author-
ized agents:

(1) To sample, inspect, make analysis of, and test agri-
cultural and vegetable seeds, mixtures of such seeds, and ‘‘screen-
ings”, transported, sold, offered or exposed for sale within this
State for sowing purposes, at such time and place and to such
extent as he may deem necessary to determine whether such
agricultural or vegetable seeds, mixtures of such seeds and
“screenings”, are in compliance with the provisions of this
chapter, and if such seeds, mixtures of such seeds, or screenings
are found not to be in compliance with the provisions of this
chapter, to notify promptly the person who transported, sold,
offered or exposed the seed for sale, or who otherwise violated
this chapter.

(2) To prescribe, and after public hearing following due
public notice to adopt rules and regulations governing (a)
methods of sampling, (b) the establishment of standards, (c)
methods of inspection, (d) methods of making analyses, (e)
methods of testing (both in the laboratory and in the field),
(f) methods of making examinations of agricultural and vege-
table seeds, mixtures of such seeds and “‘screenings”’, (g) the
tolerances to be followed in the administration of this chapter,
which shall be in general accord with officially prescribed prac-
tice in interstate commerce, and such other rules and regulations
as may be necessary to secure the efficient enforcement of this

(3) To enter upon any public or private premises during
regular business hours in order to have access to seeds, mix-
tures of such seeds and ‘“‘screenings’’, subject to this chapter
and the rules and regulations thereunder ; and also to enter upon
the premises of any hybrid seed corn producer when necessary
for the purpose of administering this chapter.

(4) To issue and enforce a written or printed “stop sale’
order to the owner or custodian of any lot of agricultural or
vegetable seed, mixtures of such seeds, or “screenings’’, * the
Commissioner finds is in violation of any of the provisions of
this chapter which order shall prohibit further sale of such
seeds, mixtures of seeds, or “screenings” until the Com-
missioner has evidence that the law has been complied with;
provided, that in respect to seeds, mixtures, or “screenings”,
which have been denied sale as provided in this paragraph, the
owner or custodian of such seeds, mixtures or “screenings”’,

shall have the right to appeal from such order to a court of
competent jurisdiction in the county or city where the seeds,
mixtures of such seeds, or “screenings’’ are found, praying for
a judgment as to the justification of said order, and for the dis-
charge of such seeds, mixtures, or “screenings’’, from the order
prohibiting the sale in accordance with the findings of the court;
and provided further, that the provisions of this paragraph
shall not be construed as limiting the right of the enforcement
officer to proceed as authorized by other sections of this chapter.

(5) To establish and maintain or make provision for seed
testing facilities, to employ qualified persons, and to incur such
expenses, including those incurred in the purchase of seeds, as
may be necessary to comply with these provisions.

(6) To make or provide for making purity and germination
tests of seeds for farmers and dealers on request, subject to such
quotas as the Commissioner may establish, to prescribe rules
and regulations governing such testing; and if he deem it advis-
able or necessary, to fix and collect charges for the tests
made, paying into the * treasury of Virginia all fees so collected.

(7) To establish and maintain trial grounds in the open
and in greenhouses. To cooperate with Federal and other State
agencies such as the Virginia Truck Experiment Station and
the Virginia Agricultural Experiment Station, and to employ
experts in order that agricultural and vegetable seeds including
corn hybrids, collected under the provisions of this act, may be
tested for trueness to kind or kind and variety or for hybrid
designation.

(8) To publish the results of analyses, tests, examinations
and studies made as authorized by this chapter, together with
any other information he may deem advisable.

(9) To cooperate with the United States Department of
Agriculture in seed law enforcement.

(10) To require the person responsible for tagging all seed
corn hybrids to furnish him annually, prior to offering the seed
for sale, a statement giving the non-coded pedigree of the hybrid,
together with the lot number under which the seed recetved
from each grower is to be sold and the approximate number of
bushels of shelled corn in each lot. Further, the Commissioner
may stop sale of any hybrid corn which fails to conform with
the requirements of this chapter.

- (b) For the purpose of carrying out the provisions of this
chapter the Commissioner individually or through his author-
ized agents, is further authorized, to require, at his discretion,
the vender of seed of all corn hybrids which are to be offered
for sale in Virginia to furnish him with: (1) A three pound
sample of each hybrid. (2) A complete description of each
hybrid and each inbred line or variety used in its pedigree. (8)
The name and address of the person who developed each inbred
line involved in the cross offered by him for sale in this State,
and the name and address of the grower or growers who pro-
duced such seed, and the name and address of the grower or
growers who produced the foundation seed used. (4) To require,
at his discretion, the producer of hybrid seed corn, to furnish
a one thousand viable kernel sample labeled to show the non-
coded pedigree of the two foundation seed parents (other than
inbred lines) used in the production of commercial hybrid seed
offered for sale.

(5) To require the registration annually of all fields planted
in Virginia for the production of hybrid seed corn on or before
July 1 of the year in which the seed is to be produced.

§ 8-215. Seizure—Any lot of agricultural or vegetable
seeds, * mixtures of such seeds, or “screenings” being sold,
exposed for sale, offered for sale, or held with intent to sell in
this State contrary to the provisions of this chapter shall be
subject to seizure on complaint of the Commissioner to a court
of competent jurisdiction in the county or city in which the
seeds, mixtures of such seeds, or “screenings” are located. In
the event the court finds the seeds mixtures of such seeds, or

“screenings” to be in violation of the provisions of this act and

orders the condemnation thereof, such seeds, mixtures of such
seeds, or “screenings’’ shall be denatured, processed, destroyed,
relabeled, or otherwise disposed of in compliance with the laws
of this State; provided, that in no instance shall such disposition
of the seeds, mixtures of such seeds, or “‘screenings’’ be ordered
by the court without first having given the claimant an oppor-
tunity to apply to the court for the release of the seeds, mixtures
of such seeds, or “screenings”, or permission to process or
relabel * to bring them into compliance with the provisions of
this chapter.
2. These sections as hereby amended except as hereinafter pro-
vided shall be in effect on and after January one, nineteen hun-
dred fifty-one; provided, that as to the amendments relating to
hybrid seed corn such amendments shall be in force on and after
January one, nineteen hundred fifty-two.