CHAPTER 9

An Act to amend and reenact §§ 3-219.2, 8-219.8, 8-219.4, 8-219.6, $-219.9,
8-219.10, 8-219.12, and to amend the Code of Virginia by adding sec-
tions numbered 8-219.9:1 and 8-219.14, the amended and new sections
relating to the Virginia Seed Law. 5 aR

[ ]

Approved February 17, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 3-219.2, 3-219.8, 3-219.4, 3-219.6, 3-219.9, 3-219.10, 3-219.12
of the Code of Virginia be amended and reenacted, and that the Code of
Virginia be amended by adding sections numbered 3-219.9:1 and 3-219. 14,
as follows:

§ 3-219.2. As used in this article, unless the context clearly requires
otherwise:

(1) The term “person” includes any individual, partnership, corpo-
ration, company, society or association.

2) The term “Commissioner” means the Commissioner of Agr-
culture and Immigration of Virginia.

8) The term “agricultural seeds” means the seeds of grass, for-
age * , cereal * and fiber crops, and * any other kinds of seeds commonly
recognized within this State as agricultural seeds, lawn seeds and mix-
tures of such seeds, and may include noxious-weed seeds, all of which
shall be specified by rules 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 pur-
suant to the provisions of this article.

(5) The term “kind” means one or more related species or sub-
species which singly or collectively is known by one common name, for
or wheat, oats, vetch, sweet clover, cabbage, cauliflower, and so

0)

(6) The term “variety” means a subdivision of a kind characterized
by growth, plant, fruit, seed, or other characters by which it can be
differentiated from other plants of the same kind, for example, Fulgrain
me a Dutch Cabbage, Ogden Soybeans, U.S. 262 (hybrid corn) and
so fo

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

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

(9) ‘“Noxious-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 by rules and regulations promulgated pursuant to the provisions
of this article.

(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
ue specified by rules and regulations promulgated pursuant to the pro-
visions of this article.

(10) The term “origin”? means the State, * Puerto Rico, or possession
of the United States, or tl the foreign country, or designated portion thereof,
where the seed was gro

(11) The term e labeling” includes all labels, and other written, print-
ed. or graphic representations, in any form whatsoever, accompanying
or pertaining to any seed whether in bulk or in containers, and includes
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.

(13) The term “processing” means cleaning, scarifying, treating, or

to obtain uniform quality, and other operations which would
change the purity or germination of the seed and therefore require retest-
ing to 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 quality 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” means the first generation seed of a cross

by controlling the pollination or by use of sterile lines and

combining (a) two, three, or four inbred lines, or (b) one inbred line or

a single cross with an open-pollinated variety, or (c) two varieties or

species, except open-pollinated varieties of corn. The second generation

‘a r soreequent generation seed from such crosses shall not be regarded as
8.

(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
che case of male sterile lines.

(17) The term “controlled conditions’ means those minimum stand-
ards for genetic purity of seed stocks, isolation, planting ratio, detasseling,
roguing, harvesting, and other factors necessary for the production of
«vbrid seed; such standards to be established by rules and 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, let-
ters or numbers) which was first assigned the variety of hybrid by the
person who developed it and first introduced it for production or sale.
Sect 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 com-
bination of two or more symbols of letters or numbers, or letters and
sumbers, identifying the inbred lines or varieties combined to make a

(20) The term “lot” means a definite quantity of seed, identified
38 ACTS OF ASSEMBLY [VA., 1966

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 bins,
or other containers, and not to seed in bags or packets.

(22) The term “pure seed’? means agricultural or vegetable seeds
exclusive of inert matter, weed seeds and all other seeds distinguishable
from the kind or kind and variety being considered, determined by meth-
ods prescribed by rules and regulations promulgated pursuant to the pro-
visions of this article. ;

(23) 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 seed-
lings in a given period of time and under conditions specified by rules
and regulations 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 regula-
tions promulgated pursuant to the provisions of this article.

The term “certified seed’, “registered seed” or “foundation
seed’”’ means seed that has been produced and labeled in accordance with
the procedures and 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
country wherein said seed were produced.

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

(29) The term “code designation” means a code designation not
generally known to the public, assigned at the discretion of the Com-
missioner, to any person engaged in the seed business, which, under con-
ditions prescribed 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, evi-
denced by exchange of payment and/or seed, in whole, or in part.

(31) 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.

(82) The term “flower seeds” includes seeds of herbaceous plants
grown for their blooms, ornamental foliage, or other ornamental parts
commonly known and sold under the name of flower seeds in this State,
and which from time to time shall be specified by rules and regulations
promulgated pursuant to the provisions of this article.

(33) The term “tree and shrub seeds’ includes seeds of woody plants
commonly known and sold as tree and shrub seeds in this State, and
which from time to time shall be specified by rules and regulations pro-
mulgated pursuant to the provisions of this article.

(84) The term “lawn or turf seed mixture” shall include two or
more kinds of agricultural seeds when combined and sold for lawns, recrea-
tional areas and other areas where turf is grown for beautification or
osion control: kinds used in such mixtures may be generally classe
frne-tertured kinds and/or coarse kinds which shall be specified fron
me to time by rules and regulations promulgated pursuant to the pro
sions of this article.

(35) The term “brand” means the name, term, design or trademar!
der which any person offers seed for sale.

(36) The term “name of mixture” means the name or term used t
signate a particular specification of a lawn or turf seed mixture.

(37) The term “registrant” means the person registering seed o
cn or turf seed mixture pursuant to the provisions of this article

(38) The term “Board” means the Board of Agriculture and Im
gration of Virginia.

§ 3-219.3. * All seed defined under § 8-219.2 of this article which ’
e sold, exposed for sale, transported, or advertised within this State fo:
wing purposes, or screenings for any purpose whatsoever, shall bea:
Preon or have attached thereto in a conspicuous place a plainly writtel

printed label or tag in the English language, giving information as °
rem specified, which statement shall not be modified or denied in the
yeling or * advertisement pertaining to such seed or Screenings

(A) For all seed named and treated as defined in this article (fo!
uch 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.
] (generic) name of the applied substance or treatment.

(3) If any substance in the amount present with the seed is harm.
} to human or other vertebrate animals, a caution statement such a:
io not use for food or feed or oil purposes.” The caution for mercurial:
d 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, 0!
‘h agricultural seed component in excess of five percentum of the whole
jd the percentage by weight of each in order of its predominance.

(2) When more than one agricultural seed component is requirec
be named, the word “mixture” or the word “mixed” shall be showr
ispicuously on the label.

(3) Lot number or other lot identification.

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

(5) Percentage by weight of all weed seeds.

(6) The name and number per ounce or pound of each kind of re
icted noxious-weed seed present, subject to * § $-219.4, I (A) (5)

(7) The percentage by weight of agricultural seeds and of vegetable
ds other than the kind or kind and variety named on the label. Such
ormation may be designated as “other crop seed” and/or “other
iety” 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.

(ec) The calendar month and year the test was completed to deter-
1e such percentages.

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

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

(i) Net weight.

(12) The name and address of (a) the person who sells or whc
4s, offers or exposes said seed for sale within this State or (b) the
son to whom the seed is sold or shipped for resale, together with a
» designation approved by the * Board under rules and regulations
authorized by * § 8-219.9:1, 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
“packed for” shall precede the year, or the percentage of germination
and the month and year the test was completed to determine such per-
centage.
lati (3) Net weight, except as provided by appropriate rules and regu-
ations.

(4) For seeds which germinate less than the standard last estab-
lished by * rules and regulations promulgated pursuant to the provisions
of 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 deter-
mine such percentages.

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

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

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

( For vegetable seeds in bulk or in containers of more than
two pounds: ,

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

(2) Lot number or other lot identification.

(3) 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 deter-
mine such percentages. |

(d) Following (a) and (b) the “total germination” and “hard
seed’’ 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 who labels,
offers, or exposes for sale, such seed within this State.

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

(E) For Screenings:

Seeds or screenings which contain more than two per centum by
weight weed seeds, prohibited noxious-weed seeds or restricted noxious-
weed seeds in excess of the amounts prescribed by rules and regulations
promulgated under this * article when offered for sale or distribution in
this State must be plainly labeled in such a way as to unmistakably in-
dicate to the purchaser that such seeds or screenings are not for seeding
purposes.

(F) For flowers seeds in packets prepared for use in home gardens
or household plantings or flower seeds in preplanted containers, mats,
tapes, or other planting devices:

(1) Forall kinds of flower seeds:

(a) The name of the kind and variety or a statement of type and
performance characteristics as prescribed in the rules and regulations
promulgated pursuant to the provisions of this article.

(b) The calendar month and year seed was tested or the year for
which the seed was packaged.
(e) Net weight, except as provided by appropriate rules and reg-

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

(2) For seeds of those kinds for which standard testing procedures
are prescribed and which germinate less than the germination standard
last established by rules and regulations promulgated pursuant to the
provisions of this article:

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

(bd) The words “Below Standard” in not less than etght potnt type.

($3) For seeds placed in a germination medium, mat, tape, or other
device tn such a way as to make it difficult to determine the quantity of
seed without removing the seeds from the medium, mat, tape, or device, a

to indicate the minimum number of seeds in the container.

(G) For flower seeds in containers other than packets prepared
for use tn home flower gardens or household plantings and other than
preplanted containers, mats, tapes, or other planting devices:

(1) The name of the kind and variety or a statement of type and
performance characteristics as prescribed in rules and regulations pro-

ed pursuant to the provisions of this article.

(2) The lot number or other lot identification.

($) The calendar month and year that the seed was tested, or the
year for which the seed was packaged.

(4) Net weight, except as provided by appropriate rules and regu-

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

(6) For those kinds of seed for which standard testing procedures
are prescribed:

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

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

(H) For treeand shrub seeds:

(1) Commonly accepted common and Latin name of species.

(2) Variety (if applicable).

(3) Net weight.

(4) Lot number.

(5) The calendar year in which seed was collected.

(6) Origin: The specific locality (state and county, or Virginia
zone, tn the United States or nearest equivalent political unit in case of
foreign countries) in which seed was collected.

(7) Date of test (month and year).

(8) Percentage by weight of pure seed.

(9) Percentage by weight of inert matter.

(10) Percentage by weight of other crop seeds.

(11) Percentage of germination exclusive of hard seed.

(12) Percentage of hard seeds, if present.

(13) Speed of germination, as days to reach ninety per centum of total.

(14) Pregermination treatment used in test.

(15) Total number of seed per pound.

(16) Motsture content.

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

(I) For lawn or turf seed mixtures in prepacked containers of
Afty pounds or less:

(1) The recognized name of each kind, or kind and variety, of
each agricultural seed component in excess of five per centum of the
whole, and the percentage by weight of each in order of its predomi-
nance or the common accepted name of the kind or kind and variety of
each agricultural seed present in excess of five per centum of the whole,
indicating the class of each ingredient to be “fine-textured grass’”’ or a
“coarse kind” in accordance with rules and regulations promulgated pur-
suant to the provisions of this article.

(2) The registered name of the mixture.

(3) Lot number or other lot identification.

(4) Percentage by weight of all weed seeds.

(5) The name and number per ounce or per pound of each kind of
restricted noxious-weed seeds present, subject to § 8-219.4, I (A) (5).

(6) The percentage by weight of other agricultural seeds not
claimed in the formula.

(7) Percentage by weight of inert matter.

(8) 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 deter-
mine such percentages; provided, however, the date of the first test of the
components may be given for the entire mixture.

(9) Net weight.

(10) The name and address of (a) the person who sells or who
labels, offers, or exposes said seed for sale within this State or (6)
person to whom the seed is sold or shipped for resale, together with the
code designation approved by the Board under rules and regulations au-
thorized by § 8-219.9:1, indicating the person who transports or delivers
for transportation said seed.

§ 3-219.4. 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:

* (A) * Seed or seed mixtures subject to this article:

(1) Unless the germination test to determine the percentage of
germination required by § 3-219.3 shall have been completed within a
twelve-month period, exclusive of the calendar month in which the test
was completed, * prior to sale, exposure for sale, or offering for sale or
transportation.

(2) Not labeled in accordance with or otherwise meeting the pro-
visions of this * article, not registered or falsely stated to be registered
under § 8-219.14, or having a false or misleading labeling or claim.

(3) Pertaining to which there has been a false or misleading ad-
vertisement.

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

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

(6) Containing weed seeds in excess of * one per centum by weight,
except as prescribed by rules and regulations promulgated under this
article.

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

(8) To which there is affixed names or terms that create a mis-
leading impression as to the kind, kind and variety, history, productivity,
quality, or origin of the seed. |

Represented to be certified, registered, or foundation seed, un-
less it has been produced, processed and labeled in accordance with the
procedures and in compliance with rules and regulations of an officially
recognized certifying agency.

(10) Represented to be a hybrid unless such seed conforms to the
definition of a hybrid as defined in this article except flower seed gen-
erally termed hybrids prior to the enactment of § 8-219.8 (F) and (G).

(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 pro-
muigated pursuant to the provisions of this article.

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

* (B) Screenings; unless labeled as provided in § 3-219.3 (E) of
this article.

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

HI. To disseminate false or misleading advertisement in any man-
ner concerning agricultural *, vegetable, flower, tree and shrub, lawn and
turf seeds, or screenings.

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

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
enforcement 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 re-
quired by this article.

VIII. To label and offer for sale seed under the scope of this *
erticle without keeping complete records as specified in § 3-219.5.

§ 3-219.6. * (A) The provisions of §§ 3-219.3 and 3-219.4 do not

(1) To seed or grain sold or represented to be sold for purposes
other than for seeding, except as required by § 3-219.3 (E).

(2) To seed for processing when consigned to, being transported to,
or stored in a processing establishment; provided, that the invoice or
labeling accompanying said seed bears the statement ‘‘Seed for process-
ing”, and provided further that other labeling or representation which
may be made with respect to the uncleaned or unprocessed seed shall be
subject to this * article.

(3) 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, pro-
cessing or marketing agricultural * , vegetable, flower, tree and shrub,
lawn and turf 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 seeds 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 *,
vegetable, flower, tree and shrub, lawn and turf seeds, or screenings,
which were incorrectly labeled or represented as to kind, variety, or
ongin, which seed cannot be identified by examination thereof, unless
he has failed to obtain an invoice or grower’s declaration or other label-
ing information and to take such other precautions as may be reasonable
to insure the identity to be that stated.

(C) No person shall be subject to the penalties of this article for
having sold or offered or exposed for sale tree or shrub seeds which were
tncorrectly labeled or represented as to subspecies, locality of collection,
or year of collection, unless he has failed to obtain an invoice, grower’s
declaration, or other labeling information and to take such other precau-
tions as may be reasonable to insure the accuracy of these statements as
presented on the label.

(D) No person shall be subject to the provisions of § 8-219.14 or
the penalties of this article for having sold, offered or exposed for sale any
lawn and turf seed mixture not registered as provided im said section
provided he has acted in good faith and has in hig possession a statement

showing that such lawn and turf seed mixture has been previously reg-
istered and approved for sale in this State.

§ 8-219.9. (A) The duty of enforcing this article and carrying
out its provisions and requirements is vested in the Commissioner. It is
the duty of such officer, who may act through his authorized agents:

(1) To sample, inspect, analyze, and test agricultural * , vegetable,
flower, tree and shrub, lawn and turf seeds, and mixtures of such seeds
transported, sold, offered or exposed for sale within this State for sow-
ing purposes and screenings for any purpose whatsoever, at such time and
place and to such extent as he may deem necessary to determine whether
such * seeds, mixtures 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.

(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,
“screenings”, 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;

(2) To issue and enforce a written or printed “Stop Sale” order to
the owner or custodian of any lot of agricultural * , vegetable, flower,
tree and shrub, lawn and turf seed, mixtures of such seeds, or “screen-
ings”, the Commissioner finds is in violation of any of the provisions of
this article which order shall prohibit further sale of such seeds, mix-
tures of seeds, or “‘screenings’” until the Commissioner 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 para-
graph, 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 “screen-
ings”, 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 otherwise authorized by the provisions of this article;

(83) To establish and maintain or make provisions for seed testing
facilities, to employ qualified persons, and to incur such expenses, includ-
ing 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 * set by
the Commissioner * under rules and regulations governing 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
into a Special Fund Account, which funds are hereby appropriated to be
used at the discretion of the Commissioner for such part or parts of the
costs of the testing as he may deem advisable;
(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;

(1) To cooperate with the United States Department of Agriculture
in seed Jaw 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
deed such variety or hybrid and first introduced it for production
a °

(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) The Commissioner may appoint a Lawn and Turf Grass Seed
Advisory Committee to advise with him on provisions of this article as
— to the registration and labeling of lawn and turf grass seed

ures,

§ $-219.9:1. The Board is authorized:

(1) To prescribe and adopt rules and regulations governing (a)
mthods of sampling, (b) methods of inspection, (c) methods of testing
(m the laboratory and in the field), agricultural, vegetable, flower, tree
end shrub, lawn and turf seeds, mixtures of such seeds and screenings,
(d) the establishment of standards, (e) the establishment of code designa-
hons, and (f) the establishment of tolerances to be followed in the admin-
uiration of this article, which shall be in general accord with officially
preenbed practice in interstate commerce, and such other rules and regu-

as may be necessary to secure the enforcement of this article.

(2) To prescribe and establish, add to or subtract therefrom by

and regulations prohibited and restricted noxious-weed seed lists.

($) To prescribe and adopt rules and regulations for the labeling
of flower seeds in respect to kind and variety or type and performance
tharacteristics as required by § $-219.8 of this article.

(4) To prepare and publish a list of the kinds of tree and shrub
seeds which are subject to the tree and shrub seed purity and germina-

Inbeling requirements of § 8-219.8 (H) of this article.

(3) For the purpose of protecting the rights of hybrid breeders,
‘ke Board may provide by rules and regulations for the registration of
the pedigree of any hybrid produced or sold in Virginia.

$3219.10. Any lot of agricultural * , vegetable, flower, tree and

lawn and turf seeds, mixtures of such seeds, or “screenings” being
wid, 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
1 complaint of the Commissioner to a court of competent jurisdiction in
ie county or city in which the seeds, mixtures of such seeds, or “screen-
mgr are located. In the event the court finds the seeds, mixtures of such

ot “screenings” to be in violation of the provisions of this article
und orders the condemnation thereof, such seeds, mixtures of such seeds,
it “screenings” shall be denatured, processed, destroyed, relabeled, or
otherwise of in compliance with the laws of this State; provided.
that In no instance shall such disposition of the seeds, mixtures OI suct
seeds, or “screenings”, be ordered by the court without first having giver
the claimant an opportunity to apply to the court for the release of the
seeds, mixtures of such seeds, or “screenings”, or permission to proces:
an da to bring them into compliance with the provisions of this
article.

§ 3-219.12. It shall be the duty of the Commissioner to give notice
of every violation of the provisions of this article with respect to agri
cultural * , vegetable, flower, tree and shrub, lawn and turf seed, mix
tures of such seeds or “screenings” to the person in whose hands suck
seed or “screenings” are found, and to send a copy of such notice to the
person whose “analysis tag or label” is attached to the container of suck
seed or “screenings”, designating a time and place for hearing. If, afte
hearing, or without such hearing in the event the person fails or refuse:
to appear, the Commissioner is of the opinion that the evidence warrants
prosecution, he may prosecute under § 3-219.11, or, if he believes the public
interest will be adequately served thereby, he may direct to the allegec
violator a suitable written notice or warning.

§ 8-219.14. (A) Each and every lawn and truf seed mixture bear-
ing a distinguishing name or trademark in prepackaged containers 0}
fifty pounds or less must be registered annually by the person packing
or distributing the mixture with the Commissioner or his authorized agen
giving the following information:

(1) Thename of the mixture. ;

(2) A _ statement indicating the specifications of the mixture m
dicating within five per centum the percentage by weight of each kina
of lawn and turf seed in the mixture.

- (3) A complete copy of all labeling that is to appear on the con
aner.

(4) An example of the analysis statement that is to appear on each
container of a mixture. }

(5) The name and address of the registrant and the name ana
address of the person whose name will appear on the label. ;

(B) All registrations of lawn and turf seed mixtures shall expire
on the thirty-first day of December of the year for which they were
registered, unless cancelled by the Commissioner for violation of any 0)
the provisions of this article. |

(C) Within the discretion of the Commissioner or his authorizea
representative, a change in the labeling or specifications of a lawn or tur}
grass mixture subject to this section may be made within a current
registration period without requiring new registration of the product
provided the name of the mixture and the specifications for the primary
ingredients of the mixture are not changed.

Upon registration or renewal of registration, and prior to the
distribution of any lawn and turf seed mixture in prepacked containers
of fifty pounds or less, the registrant shall pay an annual registration
fee | of ten dollars for each named mixture registered for sale in this

ate.

(E') If tt appears to the Commissioner or his authorized agent that
the components of the lawn and turf seed mixture are such as to warrant
the proposed labeling and other claims for it and if the labeling and other
material required to be submitted appear to comply with the requirements
of this article, he shall register the mixture.

If it appears to the Commissioner or his authorized agent that
the mixture does not warrant the proposed claims for it or if the mixture
and its labeling required to be submitted do not comply with the provisions

nk 447. wads nala oa DS See & ee a e pp gr.
this article so as to afford the registrant an opportunity to make the

necessary corrections. Should the registrant desire to be heard on any
decision decision of the Commissioner or his duly authorized agent under this
section, he may request the same in writing, thereafter the Commissioner
or his duly authorized agent may grant such a hearing.

CHAPTER 9
REAL ESTATE INVESTMENT TRUSTS

§ 6.1-848. This chapter may be referred to as the “Virginia Real
Estate Investment Trust Act’’.

§ 6.1-344. As used in this chapter the term:

(1) “Real estate investment trust” or “trust” means a trust created
under this chapter (a) for the primary purpose of acquiring ownership
or coownership of one or more of the following: (i) land or improvements
thereon and the development and management thereof, (ii) obligations
secured by deeds of trust, mortgages or other lien instruments on real
estate, (iii) personal property, whether or not constituting fixtures, in-
cidental to the operation of real estate in which the trust has an interest,
and (iv) leases of and other limited interests in real estate, and (b) which
provides in the declaration of trust that the property and business of the
trust shall be held and managed by trustees who are residents of Virginia
and for the issuance of transferable certificates of interest. ,

(2) “Certificate of interest” or “certtficates of tnterest”’ means a
peoiueate or certificates issued by a trust evidencing a beneficial interest

erein.

(3) “Trustees” means the trustees of real estate investment trust.

§ 6.1-345. (1) Two or more individuals may form a trust by execut-
ing and acknowledging a declaration of trust which shall set forth:

(a) The name of the trust, which shall include the words “real
estate trust”.

(b) The character of the business to be conducted.

(c) The location of its principal office.

(d) The name and residence address of each of the initial trustees.

(e) The terms, conditions and limitations under which certificates of
interest may be issued by the trustees.

(f) The powers and duties of the trustees and the rights of the
holders of certificates of interest.

(zg) The tenure of office of the trustees and the method of determin-
ing succession.

(h) The duration of the trust, or a statement that the duration of
the trust is unlimited.

(i) Any other provisions not inconsistent with law which may be
deemed desirable.

(2) The declaration of trust so executed and acknowledged shall be
filed for record in the office of the clerk of the court in which deeds to
Hien he are recorded, located where the principal office of the trust is
ocated.

(83) The clerk with whom the declaration of trust is filed for record
shall keep a book in which all such declarations of trusts and all amend-
ments and supplements thereto shall be recorded showing the date of filing
and shall keep an index in which shall be entered in alphabetical order
the name of the trust and the names of each of the trustees.

§ 6.1-346. All amendments of and supplements to the declaration of
trust shall be in writing and shal] be executed, acknowledged and filed
for record as provided with respect to the declaration of trust.

_ ,§ 6.1-847. The principal office of the trust shall be located in Vir-
ginia. If the principal office of the trust is changed a certificate showing
such change shall be executed and acknowledged by one or more trustees
and filed for record in the place where the declaration of trust was last
filed for record, and the declaration of trust as amended and supplemented
deeds to real estate are recorded, located where the principal office of the
trust has been moved. If any change is made in the personnel of the
trustees a certificate showing such change shall be executed and acknowl-
edged by one or more trustees and filed for record in the office where
the declaration of trust was last filed for record.

§ 6.1-348. Certificates of interest may be issued by the trustees
from time to time for such consideration as they may deem desirable,
subject to any limitation contained in the declaration of trust. Each
holder of a beneficial interest in the trust shall be entitled to a certificate
of interest. No certificate of interest shall be issued that is not fully paid
and nonassessable.

§ 6.1-349. (1) The declaration of trust may provide that the right
of acquisition, management and disposition of property of the trust and
the conduct of its business and to appoint or elect successor trustees shall
be vested exclusively in the trustees and that in the conduct of the affairs
of the trust, pursuant to the provisions of the declaration of trust, and
in the appointment or election of trustees, the holders of certificates of
interest shall have a limited or no vote.

(2) The declaration of trust may provide that any number of trus-
tees, not less than two, may exercise any or all rights of the trustees,
that property of the trust may be held in the name of the trust, and that
any contract, deed, deed of trust, mortgage or other document executed
in the name of the trust by any two trustees shall be effective and binding
on the trust.

§ 6.1-350. (1) Creditors of the trust and others having claims
against the trust shall be entitled to seek recovery only out of the assets
of the trust, and the trustees and holders of certificates of interest shall
not be liable to such creditors or other claimants.

(2) The declaration of trust may provide that the trustees shall not
be liable to the trust or to the holders of certificates of interest except
for negligence or misconduct and that the trust will indemnify each of
the trustees against expenses incurred by him in defending any claim
arising out of his trusteeship except claims as to which he shall be finally
adjudged to be liable for negligence or misconduct.

§ 6.1-351. The duration of a trust may be unlimited and a trust shall
not be deemed to violate any rule against perpetuities or accumulations
or to unlawfully suspend the power of alienation.

38. All acts and parts of acts, all sections of the Code of Virginia,
and all provisions of municipal charters inconsistent with the provisions
of this act are, except as otherwise provided, repealed to the extent of
such inconsistency.

4. The repeal of Title 6 effective as of July 1, 1966, shall not affect
any act or offense done or committed, or any penalty or forfeiture in-
curred, or any right established, accrued or accruing on or before such
date, or any prosecution, suit or action pending on that date. Except as
in this act otherwise provided, neither the repeal of Title 6 of the Code
of Virginia nor the enactment of Title 6.1 shall apply to offenses com-
mitted prior to July 1, 1966, and prosecutions for such offenses shall be
governed by the prior law, which is continued in effect for that purpose.
For the purposes of this act, an offense was committed prior to July 1,
1966, if any of the essential elements of the offense occurred prior thereto.
5. Whenever in Title 6.1 any of the conditions, requirements, pro-
visions or contents of any section, article or chapter of Title 6, as such
title existed prior to July 1, 1966, are transferred in the same or in
modified form to a new section, article or chapter of Title 6.1, and when-
ever any such former section, article or chapter of Title 6 is given a new
number in Title 6.1, all references to any such former section, article or
chapter of Title 6 appearing elsewhere in the Code of Virginia than in
contents or portions thereof.

6. It is the intention of the General Assembly that this act shall
be liberally construed to effect the purposes set out herein, and if any
clause, sentence, paragraph or section of this act shall ever be declared
unconstitutional. it shall be deemed severable, and the remainder of this
act shall continue in full force and effect.

7. This act shall become effective on July 1, 1966.

Chapter 9
GROUNDS AND BUILDINGS
ARTICLE 1
General Provisions

§§ 2.1-82 to 2.1-97
ARTICLE 2

Planning and Construction
$§ 2.1-98 to 2.1-106
ARTICLE 8
Property Records and Insurance
$§ 2.1-107 to 2.1-109