CHAPTER 483

An Act to amend the Code of Virginia by adding, in Article 1 of Chapter
13 of Title 8, new sections numbered 3-209.1 through 8-209.18; to
amend and reenact § 8-221, as amended, of the Code of Virginia; and
to repeal §§ 8-209 as amended, 8-210 as amended, 8-211 as amended,
8-212, 8-218 as amended, 8-218.1, 8-214 as amended, 8-215 as amended,
8-216, 8-217, 8-218 and 8-219 of the Code of Virginia; the new, amend-
ed and repealed sections all relating to the regulation of the labeling,
sale and offering for sale of agricultural and vegetable seed. 601]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding, in Article 1 of
Chapter 18 of Title 3, new sections numbered 3-209.1 through 3-209.13, and
past § 3-221, as amended, of the Code be amended and reenacted, as
ollows:

§ 8-209.1. This article may be known and cited as the “Virginia
Seed Law’’.

§ 8-209.2. As used in this article, unless the context clearly requires
otherwise:

_ (1) The term “person” includes any individual, partnership, corpor-
ation, company, society or association.

(2) The term “Commissioner” means the Commissioner of Agricul-
ture and Immigration of Virginia.

(8) The term “agricultural seeds” means the seeds of forage crops,
cereal crops, fiber crops, and lawn grass, all of which shall be speci:
by pues and regulations promulgated pursuant to the provisions of this
article.

(4) The term “vegetable seeds” includes seeds of those crops which
are grown in gardens and on truck farms, and are generally known and
sold under the name of vegetable seed in this State, and which from time
to time shall be specified by rules and regulations promulgated pursuant to
the provisions of this article.

(5) The term “kind” means one or more related species or subspecies
which singly or collectively is known by one common name, for example,
wheat, oats, vetch, sweet clover, cabbage, cauliflower, and so forth.
(6) The term “variety” means a subdivision of a kind characterized
by growth, plant, fruit, seed, or other characters by which it can be differ-
entiated from other plants of the same kind, for example, Fulgrain Oats,
Flat Dutch Cabbage, Ogden Soybeans, U. S. 262 (hybrid corn) and so

(7) The term “mixture” means seeds consisting of more than one
kind or variety, each present in excess of five per centum of the whole.

(8) The term “weed seeds” includes the seeds, bulblets or tubers of all
planta generally recognized as weeds within this State and includes nox-
tous-weed seeds.

(9) “Nozious-weed seeds” are divided into two classes: ;

(a) “Prohibited noxious-weed seeds” are the seeds of weeds which,
when established, are highly destructive and are not controlled in this
State by cultural practices commonly used. Such weeds are to be specified
oy pet and regulations promulgated pursuant to the provisions of this

ticle.

(b) “Restricted noxious-weed seeds” are the seeds of weeds which
are very objectionable in fields, lawns and gardens in this State and are
difficult to control by cultural practices commonly used. Such seeds are to
be specified by rules and regulations promulgated pursuant to the pro-
visions of this article. .

(10) The term “origin” means the State, Alaska, District of Columbia,

au, Puerto Rico, or possession of the United States, or the foreign
country, or designated portion thereof, where the seed was grown.

(11) The term “labeling” includes all labels, and other written,
printed, or graphic representations, in any form whatsoever, accompany-
ing or pertaining to any seed whether in bulk or in containers, and in-
cludes representations on invoices.

(12) The term “advertisement” means all representations, other
than those required on the label, disseminated in any manner or by any
means relating to seed within the scope of this article. ;

(18) The term “processing” means cleaning, scarifying, treating, or
blending to obtain uniform quality, and other operations which would
change the purity or germination of the seed and therefore require retest-
ing to determine the quality of the seed, but does not include operations
such as packaging, labeling, blending together 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 qual-
ity of the seed.

(14) The term “screenings” includes seed, inert matter and other
materials removed from agricultural or vegetable seed by cleaning or
processing.

(15) The term “hybrid” meams the first generation seed of a cross
produced by controlling the pollination or by use of sterile lines and com-
bining (a) two, three, or four inbred lines, or (b) one inbred line or
single cross with an open-pollinated variety, or (c) two varieties or species,
except open-pollinated varieties of corn. The second generation or subse-
quent generation seed from such crosses shall not be regarded as hybrids.

(16) The term “inbred line” is a relatively stable and pure breeding
strain resulting from not less than four successive generations of con-
trolled self-pollination or four successive generations of backcrossing in the
case of male sterile lines.

(17) The term “controlled conditions” means those minimum stan-
dards for genetic purity of seed stocks, isolation, planting ratio, detasseling,
roguing, harvesting, and other factors necessary for the production of
hybrid seed; such standards to be established by rules amd regulations
promulgated pursuant to the provisions of this article.

(18) The terms “recognized variety name” and “recognized hybrid
designation” mean the name or designation (which may be symbols, letters
or numbers) which was first assigned the variety of hybrid by the person
who developed it and first introduced it for production or sale. Such terms
shall be used only to designate the varieties or hybrids to which they are
first assigned.

(19) The term “noncoded pedigree’ means the usual designated
combination of two or more symbols of letters or numbers, or letters and
st gull identifying the inbred lines or varieties combined to make a hy-

(20) The term “lot” means a definite quantity of seed, identified by
a lot number or other identification, which is uniform throughout for the
factors which appear on the label. oo.

(21) The term “bulk lot” or “in bulk” refers to loose seed in bims, or
other containers, and not to seed in bags or packets.

(22) The term “pure seed” means agricultural or vegetable seeds ex-
clusive of inert matter, weed seeds and all other seeds distinguishable
from the kind or kind and variety being considered, determined by methods
Dryer teeth by regulations promulgated pursuant to the provisions of this
article.

(28) The term “inert matter” means all matter not seeds, and in-
cludes broken seeds, sterile florets, chaff, fungus bodies, and stones, deter-
mined by methods prescribed by rules and regulations promulgated pur-
suant to the provisions of this article.

(24) The term “germination” means the percentage by count of seeds
under consideration, which are capable of producing normal seedlings in
@ given period of time and under conditions specified by rules and regula-
tions promulgated pursuant to the provisions of this article.

(25) The term “hard seeds” means seeds which, because of hardness
or impermeability, do not absorb moisture and germinate but remain hard
during the period prescribed for germination by rules and regulations
promulgated pursuant to the provisions of this article.

(26) The term “certified seed,” “registered seed” or “foundation
seed” means seed that has been produced and labeled in accordance with
the procedures amd in compliance with the requirements of an official
certifying agency.

(27) The term “official certifying agency’ means an agency recog-
nized and designated as a certifying agency by the laws of a state, the
United States, a province of Canada, or the government of a foreign coun-
try wherein said seed were produced.

(28) The term “treated” means that the seed has received an ef-
fective application of a generally approved substance or process designed
co control, or repel certain disease organisms, insects or other pests at-
tacking such seeds or seedlings grown therefrom, or has received some
other treatment to improve its planting value.

(29) Theterm “code designation” means a code designation not gen-
erally known to the public, assigned at the discretion of the Commissioner,
to any person engaged in the seed business, which, under conditions pre-
scribed by rules and regulations promulgated pursuant to the provisions
of this article, may be used to identify the person responsible for labeling
seed in intrastate commerce.

(80) The term “sale”? means the transfer of ownership of seed,
evidenced by exchange of payment and/or seed, in whole, or in part.

(81) The term “tolerance” means the allowable deviation from any
figure used on a label to designate the percentage of any fraction, or rate
of occurrence in the lot in question and is based on the law of normal
variation from a mean.

§ 8-209.8. Each container of agricultural or vegetable seed which is
sold, exposed for sale, transported, or advertised within this State for
sowing purposes, or screenings for any purpose whatsoever, shall bea:
thereon or have attached thereto in a conspicuous place a plainly writ
ten or printed label or tag in the English language, giving information a.
follows, which statement shall not be modified or denied in the labelin;
or on another label attached to the container: ;

(A) For all seed named and treated as defined in this article (fo
which a separate label may be used):

(1) A word or statement indicating that the seed has been treated

(2) The commonly accepted, coined, chemical or abbreviated chem
ical (generic) name of the applied substance or treatment.

(3) If any substance in the amount present with the seed is harmfu
to human or other vertebrate animals, a caution statement such as “De
not use for food or feed or oil purposes”. The caution for mercurials anc
similar toxic substances shall be a poison statement or symbol.

(B) For agricultural seeds:

(1) The recognized name of each kind, or kind and variety, of each
agricultural seed component in excess of five percentum of the whole, anc
the percentage by weight of each in order of its predominance,

(2) When more than one agricultural seed component is required tc
be named, the word “mixture” or the word “mized” shall be shown con-
spicuously on the label.

(8) Lot number or other lot identification.

(4) Origin, if known; it not known, that fact shall be stated.

(5) Percentage by weight of all weed seeds.

. (6) The name and number per ounce of each kind of restricted nox-
tous-weed seed present, subject to § 8-209.4, I (a) (5).

(7) The percentage by weight of agricultural seeds and of vegetable
seeds other than the kind or kind and variety named on the label. Such
information may be designated as “other crop seed” and/or “other var-
tety’”’ as the case may be.

(8) Percentage by weight of inert matter.

(9) For each named agricultural seed:

(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) Following (a) and (b) the “total germination” and “hard seed”
may be stated as such, if desired. . .

(10) For all hybrids, the recognized hybrid designation.

(11) Net weight.

(12) The name and address of (a) the person who sells or who labels
offers or exposes said seed for sale within this State or (b) the person te
whom the seed is sold or shipped for resale, together with a code desig-
nation approved by the Commissioner under rules and regulations author.
ized by § 8-209.9, indicating the person who transports or delivers for
transportation said seed in intrastate commerce.

(C) For vegetable seeds in containers of two pounds or less:

(1) Name of kind and variety of seed.

(2) The year for which packeted or put up, provided that the words
“nacked for” shall precede the year, or the percentage of germination and
the month and year the test was completed to determine such percentage.

(3) Net weight, except as provided by appropriate rules and regula-

(4) For seeds which germinate less than the standard last established
by the Commissioner under this article:

(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 de
such percentages.

(d) Following (a) and (b) the “total germination” and “har
may be stated as such, if desired.

(e) The words “Below Standard” in not less than eight point

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

(D) For vegetable seeds in bulk or in containers of more t)
pounds:

(1) The name of each kind and variety present in excess of
centum of the whole and the percentage by weight of each in ord
predominance.

(2) Lot number or other lot identification.

(8) For each named kind and variety:

(a) The percentage of germination exclusive of hard seed.

(b) The percentage of hard seed, if present.

(c) The calendar month and year the test was completed to de
such percentages.

(d) Following (a) and (b) the “total germination” and “ha:
may be stated as such, if desired.

(4) Net weight, except when in bulk.

(5) The name and address of the person who sells, or wh
offers, or exposes for sale, such seed within this State.

(6) The labeling requirements for vegetable seeds sold fre
containers shall be deemed to have been met if the seed is weighec
properly labeled container in the presence of the purchaser.

(E) For Screenings:

Seeds or screenings which contain more than two per centum b:
weed seeds, prohibited noxious-weed seeds or restricted noxious-we
tn excess of the amounts prescribed by rules and regulations pron
under this chapter when offered for sale or distribution in this Ste
be plainly labeled in such a way as to unmistakeably indicate to
chaser that such seeds or screenings are not for seeding purposes.

§ 8-209.4. It shall be unlawful for any person:

I. To transport, to offer for transportation, to sell, offer fo:
expose for sale, within this State:

(a) Agricultural or vegetable seeds for sowing purposes: .

(1) Unless the test to determine the percentage of germinc
quired by § 8-209.8 shall have been completed within a twelr
period, exclusive of the calendar month in which the test was co
immediately prior to sale, exposure for sale, or offering for sale ¢
portation.

(2) Not labeled in accordance with the provisions of this ch
having a false or misleading labeling or claim.

(8) Pertaining to which there has been a false or misleadin
tisement.

(4) Consisting of, or containing prohibited noxious-weed seec
amount whatsoever (tolerance not permitted).

(5) Containing restricted noxious-weed seeds, except as presc
rules and regulations promulgated under this article.

(6) Containing weed seeds in excess of two per centum by u

(7) That have been treated and not labeled as required.

(8) To which there is affixed names or terms that create a
ing impression as to the kind, kind and variety, history, productivi
ity, or origin of the seed.

(9) Represented to be certified, registered, or foundation see
it has been produced, processed and labeled in accordance with th
dures and in compliance with rules and regulations of an officially recog-
nized certifying agency.

(10) Represented to be a hybrid unless such seed conforms to the
definition of a hybrid as defined in this article. .

(11) Hybrid seed from a crop which has been inspected in the field
by a duly authorized inspector and rejected because of failure to conform
to the controlled conditions as specified by rules and regulations promul-
gated pursuant to the provisions of this article.

(12) Unless it conforms to the definition of a “lot”.

‘s (e) Screenings; unless labeled as provided in § 3-209.3 (E) of this
article.

II. To detach, alter, deface, or destroy any label provided for in this
chapter or the rules and regulations promulgated thereunder, or to alter or
substitute seed, in any manner that may defeat the purpose of the provi-
sions of this article.

Ill. To disseminate false or misleading advertisement in any manner
concerning agricultural seeds, vegetable seeds, or screenings.

I To hinder or obstruct in any manner an authorized agent of the
Commissioner in the performance of his duties. ae

V. To fail to comply with, or to supply inaccurate information in
reply to, a Stop Sale order, or to remove tags attached to, or to dispose of
seed or screenings held under such order except as specified by the enforce-
ment officer.

VI. To use the name of the Department of Agriculture or the results
of tests and inspections made by the Department for advertising purposes.

VII. To use the words “type” or “trace” in lieu of information
required by this article.

__ Vv. To label and offer for sale seed under the scope of this chapter
without keeping complete records as specified in § 3-209.5.
_ . § 8-209.5. All persons transporting or delivering for transportation
intrastate agricultural seeds shall keep for a period of two years a com-
plete record of origin, germination, purity, variety, and treatment of each
lot of agricultural seed offered, and the Commissioner or his duly author-
ized agents shall have the right to inspect such records for the purpose of
the effective administration of this article.

3 8-209.6. (a) The provisions of §§ 8-209.3 and 3-209.4 do not
apply:
(1) To seed or grain sold or represented to be sold for purposes other
than for seeding, except as required by § 3-209.3 (E).

(2) To seed for processing when consigned to, being transported to,
or stored in a processing establishment; provided, that the invoice or label-
ing accompanying said seed bears the statement “Seed for processing”, and
provided further that other labeling or representation which may be
eh eniett to the uncleaned or unprocessed seed shall be subject to this
chapter.

(8) To any carrier in respect to any seed or screenings transported
or delivered for transportation in the ordinary course of its business as a
carrier; provided, that such carrier is not engaged in producing, process-
ing or marketing agricultural or vegetable seeds or screenings subject to
this article.

(4) To untested seed sold on his own premises by a grower who sells
only seed produced by him, which seed when sold or delivered shall bear
the label on each package or bag as follows: “These sceds have not been
tested.”’ Provided, however, that any labeling or representation which may
be made in respect to such seed shall be subject to this article.

(b) No person shall be subject to the penalties of this article for
having sold, offered or exposed for sale in this State agricultural or vege-
table seeds, which were incorrectly labeled or represented as to kind,
variety, or origin, which seed cannot be identified by examination thereof,
unless he has failed to obtain an invoice or grower’s declaration or other
labeling information and to take such other precautions as may be reason-
able to insure the identity to be that stated. .

§ 8-209.7. A disclaimer, nonwarranty, or limited warranty used in
any invoice, advertising, labeling, or written, printed or graphic matter
pertaining to any seed shall not directly or indirectly deny or modify any
information required by this article or the rules and regulations promul-
gated thereunder.

§ 8-209.8. Due to recognized variations which occur between two
analyses or tests and likewise between label statements and the results of
subsequent analyses and tests, tolerances which are to be established by
appropriate rules and regulations shall be employed in the enforcement of
the provisions of this article. .

§ 8-209.9. (A) The duty of enforcing this article and carrying out
its provisions and requirements is vested in the Commissioner. It ts the
duty of such officer, who may act through his authorized agents:

(1) To sample, inspect, analyze, and test agricultural and vegetable
seeds, and mixtures of such seeds transported, sold, offered or exposed for
sale within this State for sowing purposes and screenings for any purpose
whatsoever, at such time and place and to such extent as he may dee
necessary to determine whether such agricultural or vegetable seeds, mtx-
ture of such seeds and screenings, are in compliance with the provisions
of this article, and if such seeds, mixtures of such seeds, or screenings are
found not to be in compliance with the provisions of this article, to notify
promptly the person who transported, sold, offered or exposed the seed for
sale, or who otherwise violated this article. ;

(2) To prescribe, and, after public hearing following due public
notice, to adopt rules and regulations governing (a) methods of sampling,
(b) methods of inspection, (c) methods of testing (in the laboratory and in
the field), agriculture, and vegetable seeds, mixtures of such seeds and
“screenings”, (d) the establishment of standards, (e) the establishment of
code designations, and (f) the establishment of tolerances to be followed in
the administration of this chapter, which shall be in general accord with
officially prescribed practice in interstate commerce, and such other rules
and regulations as may be necessary to secure the efficient enforcement of
this article. .

(3) To prescribe and after public hearing following due public notice,
establish, add to or subtract therefrom by rules and regulations prohibited
and restricted noxious-weed seed lists. .

(B) Further, for the purpose of carrying out the provisions of this
article the Commissioner through his authorized agents, is authorized:

(1) To enter upon public premises or private premises during busi-
ness hours in order to have access to seeds, mixtures of such seeds, “screen-
ings’, and the records connected therewith subject to this article and the
rules and regulations thereunder; and any truck or other conveyor by land,
by water, or by air at any time when such conveyor is accessible, for the
same purpose;

(a) To issue and enforce a written or printed “stop sale” order to
the owner or custodian of any lot of agricultural or vegetable seed, mix-
tures of such seeds, or “screenings,” the Commissioner finds is in violation
of any of the provistons of this article which order shall prohibit further
sale of such seeds, mixtures of seeds, or “screenings” until the Commts-
sioner 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 discharge 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 en-
forcement officer to proceed as otherwise authorized by the provisions
of this article;

(8) To establish and maintain or make provisions for seed testing
facilities, to employ qualified persons, and to incur such expenses, including
those incurred in the purchase of seed, as may be necessary;

(4) To make or provide for making purity and germination tests of
seed for farmers and dealers on request subject to such quotas as the
Commissioner may establish and to prescribe rules and regulations gov-
erning such testing; and if he deems it advisable or necessary, to fix and
collect charges for the tests made, paying into the Treasury of Virginia
all fees so collected;

(5) To establish and maintain facilities for checking trueness to
variety, and to employ experts in order that seeds collected under the
provisions of this article may be tested for trueness to kind and variety,
and to cooperate with Federal and State agencies relative to variety test-
ing in the laboratory, greenhouse and field;

(6) To publish the results of analyses, tests, examinations, studies,
and investigations made as authorized by this article, together with any
other information he may deem advisable;

(7) To cooperate with the United States Department of Agriculture
in seed law enforcement;

(8) To require at his discretion the registration of any variety or
hybrid which is to be offered for sale under the provisions of this article
and rules and regulations promulgated thereunder, furnishing: (a) the
recognized variety name or recognized hybrid designation of such variety
or hybrid, (b) a one thousand viable seed sample of such seed, and (c) the
history of its development and the name of the person who developed such
variety or hybrid and first introduced it for production and sale;

(9) To require the registration annually of all fields planted for the
production of hybrid seed on or before June twentieth and to provide for
inspection of such fields at his discretion.

(C) For the purpose of protecting the rights of hybrid breeders, the
Commissioner may, upon request, provide by regulations for the registra-
tion of the pedigree of any hybrid produced or sold in Virginia.

§ 8-209.10. 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
article 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 article and orders the condemnation thereof, such
seeds, mixtures of such seeds, or “screenings” shall be denatured, pro-
cessed, 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 opportunity to apply to
the court for the release of the seeds, mixtures of such seeds, or “screen-
ings’”’, or permission to process or relabel to bring them into compliance
with the provisions of this article.

§ 3-209.11. Every violation of the provisions of this article shall be
deemed a misdemeanor punishable by a fine not exceeding one hundred
dollars for the first offense, and not exceeding two hundred and fifty
dollars for each subsequent offense. i. . .

§ 8-209.12. It shall be the duty of the Commissioner to give notice
of every violation of the provisions of this article with respect to agricul-
tural or vegetable seed, mixtures of such seeds or “screenings” to the
person in whose hands such seed or “screenings” are found, and to send
a copy of such notice to the person whose “analysis tag or label” is at-
tached to the container of such seed or “screenings”, designating a time
and place for hearing. If, after hearing, or without such hearing in the
event the person fails or refuses to appear, the Commissioner is of the
opinion that the evidence warrants prosecution, he may prosecute under
§ 3-209.11, or, if he believes the public interest will be adequately served
thereby, he may direct to the alleged violator a suitable written notice or
warning.

§ 8-209.18. All seedsmen and others who sell farm or garden seeds
to be used in producing crops for sale or for family use shall be bound as
guarantors that such seeds are true to kind and variety as represented
at the time of sale, whether such seeds were raised by the seller or by
another; and if such seeds are sold by an agent the principal shall be
bound by the representations of the agent in regard to the kind and variety
of the seed so sold. ;

If any paper or package containing seed sold in this State for planting
or seeding has printed or written thereon the kind, variety, or quality of
the seeds therein the seller shall be bound in the courts of this Common-
wealth by the same written or printed statement unless it be affirmatively
proved that there was some other agreement between the parties in
respect thereto.

§ 3-221. The Commission shall:

(1) Set up and define the standards for the certification of agricul-
tural seed and of vegetable seed as defined in § * 8-209.2, and * of tubers
used for seeding purposes;

(2) Provide for their certification and procurement;

(83) Adopt brands;

(4) Select, by general regulation and systematic examination, pro-
ducers of certified seed; .

(5) Appoint a chief of field forces, who, under the supervision and
direction of the Director of the Agricultural Extension Division of the
Virginia Polytechnic Institute, shall have supervision and authority over
the field staff, and by and with the advice and recommendation of the chief
of field forces, such additional field men as are necessary; a full time
administrative secretary who, under the direction of the chief of field
forces, shall have charge of all clerical assistants and all records and
official files of the Commission.

All appointees shall be subject to removal at the pleasure of the
Commission.

2. §§ 3-209 as amended, 3-210 as amended, 3-211 as amended, 3-212,
3-213 as amended, 3-213.1, 3-214 as amended, 8-215 as amended, 3-216,
3-217, 3-218 and 3-219 of the Code of Virginia, are repealed.

3. The foregoing provisions of this act shall become effective July 1,
1958.

4. The Commissioner of the Department of Agriculture and Immigration
is authorized and directed forthwith to promulgate, so that they shall
become effective simultaneously with the foregoing provisions of this act,
such rules and regulations as may be necessary for the proper enforcement
of this act.

5. An emergency exists and this act is in force from its passage.