FEDERAL SEED ACT

MONDAY, MARCH 14, 1938

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE COMMITTEE ON AGRICULTURE.

The subcommittee met, at 10 a. m., pursuant to call, Hon. J. R. Mitchell presiding.

Present: Mr. Mitchell, Mr. Cummings, Mr. Coffee, Mr. Tobey, and Mr. Lord.

Mr. MITCHELL. The committee will be in order, please.

Gentlemen of the subcommittee, we have before us for consideration this morning H. R. 8288, a bill introduced by Representative Coffee, of Nebraska, whom I note is present at the hearing, and we are glad to have him. All the members of the subcommittee are present this morning except Mr. Beam.

This bill is as follows:

[H. R. 8288, 75th Cong., 1st sess.]

A BILL To regulate interstate and foreign commerce in certain seeds; to prevent misbranding, false advertising, and adulteration of certain seeds; to require certain standards with respect to origin, adaptability, purity, and germination of certain seeds; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Seed Act".

TITLE I-DEFINITIONS

SEC. 101. (a) When used in this Act

(1) The term "United States" means the several States, the Territories, the District of Columbia, and Puerto Rico;

(2) The term "person" includes a partnership, corporation or association: (3) The term "interstate commerce" means commerce between any State, Territory, or possession, or the District of Columbia, and any other State, Territory, or possession, or the District of Columbia; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia;

(4) The term "district court of the United States" means any court exercising the powers of a district court of the United States;

(5) The term "advertising" means all representations of fact or opinion disseminated to the public in any manner or by any means;

(6) The term "agricultural field seed" means the seeds of wheat, corn, rye, oats, barley, alfalfa, clover, sweet sorghum, grain sorghum, sudan grass, soybeans, cowpeas, cotton, millet, flax, lespedeza, ryegrass, wheatgrass, bromus, vetch, velvetbean, rape, and such species of agrostis and of poa, and such other seeds, as the Secretary of Agriculture finds are customarily planted by farmers in the United States to produce field crops, and by rules and regulations defines as agricultural field seeds;

(7) The term "weed seeds" means seeds other than (A) agricultural field seed and (B) the seeds of vegetables, trees, shrubs, flowers, and lawn grass;

(8) The term "noxious-weed seeds" means the seeds of canada thistle, dodder, quackgrass, buckhorn, bindweed, corncockle, Johnson grass, Russian knapweed, sowthistle, leafy spurge, mustard, and wild oats.

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(9) The term "origin" means the State, Territory, District, or possession of the United States, or the foreign nation, where seed was grown;

(10) The term "false advertisement" means an advertisement which is misleading in a material respect;

(11) The term "label" means the principal display or displays of written, printed, or graphic matter (A) upon or attached to the immediate container of seed, and (B) upon or attached to the outside container or wrapper, if any there be, in which the seed is sold at retail;

(12) The term "labeling" includes all labels and other written printed, and graphic matter, in any form whatsoever, accompanying any seed.

(13) The term "packer" means any person—

(A) who grows seed; or

(B) who purchases or receives seed in bulk; or

(C) who processes seed; or

(D) who does any two or more of the foregoing; and places such seed in packages or other containers for sale at retail for seeding purposes.

(14) The term "processor" means any person who cleans, grades, or processes, or otherwise prepares for sale, seed for seeding purposes.

(b) In determining whether any advertisement or labeling is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof but also the extent to which the advertisement or labeling, as the case may be, fails to reveal facts material in the light of such representations or material with respect to the consequences which may result from the use of the seed to which the advertisement or labeling, as the case may be, relates; but in the case of a substantial difference of opinion, among experts qualified by scientific training and experience, as to the truth of a representation, the advertisement or labeling, as the case may be, shall not be considered misleading on account of such representation, if it states clearly and prominently the fact of such difference of opinion.

TITLE II-REGULATION OF INTERSTATE COMMERCE IN RESPECT OF CERTAIN

SEEDS

PROHIBITIONS RELATING TO INTERSTATE COMMERCE IN CERTAIN SEEDS

SEC. 201. It shall be unlawful for any person to transport, deliver for transportation, sell, or offer for sale in interstate commerce

(a) Any agricultural field seed in lots of eight ounces or more for seeding purposes unless it bears a label containing a true and correct statement of the following information:

(1) Name and address of packer or processor.

(2) Kind or kinds of seed.

(3) Variety of each kind, if known; if unknown, to be so stated.

(4) Origin of each kind, if known; if unknown, to be so stated.

(5) Percentage by weight of purity.

(6) Percentage by weight of weed seeds, including noxious-weed seeds.

(7) Kinds of noxious-weed seeds and of weed seeds declared by the law of

the State into which shipped or consigned to be noxious, present, and the rate of occurrence of each expressed as number per pound.

(8) Percentage by weight of inert matter.

(9) Percentage by weight of other crop seeds.

(10) Percentage of germination, exclusive of hard seeds, together with date of test.

(11) Percentage of hard seeds, if such are present.

(12) In the case of a mixture of agricultural field seed, the percentage by weight of each ingredient thereof in excess of 5 per centum.

(b) Any agricultural field seed, the labeling of which is misleading in a material respect.

(c) Any seed which is required to be colored under the provisions of section 304 of this Act and the regulations issued pursuant to title IV, and is not so colored. (d) Any seed which is colored in imitation of seed required to be colored under the provisions of section 304 of this Act and the regulations issued pursuant to title IV.

PROHIBITIONS RELATING TO INTERSTATE COMMERCE IN SCREENINGS, SCALPINGS, CHAFF, AND SCOURINGS OF CERTAIN SEED

SEC. 202. It shall be unlawful for any person to transport, deliver for transportation, sell, or offer for sale in interstate commerce any screenings, scalpings, chaff, or scourings of any seed subject to this Act. This section shall not apply to screenings, scalpings, chaff, or scourings of corn, barley, rye, oats, wheat, sorghum, millet, soybeans, cowpeas, field beans, field peas, cotton, and fiax if it bears a label stating that it is to be used for feeding purposes only.

EXEMPTIONS

SEC. 203. (a) The provisions of sections 201 and 202 shall not apply to any common carrier in respect of any seed transported or delivered for transportation in the ordinary course of its business as a common carrier.

(b) The provisions of sections 201 and 202 shall not apply to any seed when transported, delivered for transportation, sold, or offered for sale, in interstate commerce, for feeding purposes, or to be processed, cleaned, graded, or otherwise prepared for sale, for seeding purposes.

(c) No person (other than a packer or processor) shall be subject to the penalties provided for in section 405 for violation of any of the provisions of section 201 or 202, if he furnishes to the Secretary of Agriculture, on the request of the Secretary, a representation signed by the person from whom he received or purchased the seed in question to the effect that such seed is not seed which may not, under section 201 or 202, be transported, delivered for transportation, sold, or offered for sale in interstate commerce.

(d) The making of a representation referred to in subsection (c), which representation is false, except by a person who relied upon a representation to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received or purchased in good faith the seed in question, shall be unlawful.

CONFISCATION OF CERTAIN SEED

SEC. 204. (a) Any seed illegally transported, delivered for transportation, sold, or offered for sale, in interstate commerce, shall be liable to be proceeded against in the district court of the United States for any judicial district in which it is found, and to be seized for confiscation by a process of libel for condemnation, if such seed is being

(1) transported in interstate commerce; or

(2) held for sale or exchange after having been so transported.

(b) If such seed is condemned by the court as having been illegally transported, delivered for transportation, sold, or offered for sale, in interstate commerce, it shall be disposed of in the discretion of the court

(1) by sale; or

(2) by delivery to the owner thereof upon the payment of the legal costs and charges, and the execution and delivery of a good and sufficient bond to the effect that such seed will not be sold or disposed of in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction; or (3) by destruction.

(c) If such seed is disposed of by sale, the proceeds of the sale, less the legal costs and charges, shall be paid into the Treasury as miscellaneous receipts.

(d) Proceedings in such libel cases shall conform, as nearly as may be, to suits in rem in admiralty, except that either party may demand trial by jury on any issue of fact if the value in controversy exceeds $20; and facts so tried shall not be reexamined other than in accordance with the rules of the common law. All such proceedings shall be at the suit and in the name of the United States. The Supreme Court of the United States and, under its direction, other courts of the United States are authorized to prescribe rules regulating such proceedings in any particular not provided by law.

EFFECT OF DISCLAIMERS AND NONWARRANTIES

SEC. 205. The use of a disclaimer or nonwarranty clause in any invoice, advertising, or labeling pertaining to any seed shall not waive the liability for violation of any of the provisions of this title.

PROHIBITIONS RELATING TO FALSE ADVERTISING OF CERTAIN SEED

SEC. 206. (a) It shall be unlawful for any person to disseminate, or cause to be disseminated, any false advertisement

(1) by United States mails, or in interstate or foreign commerce by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of any agricultural field seed; or

(2) by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in interstate or foreign commerce, of any agricultural field seed.

(b) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of advertising except the packer or processor of the seed to which the false advertisement relates, shall be liable under this section by reason of the dissemination by him of any false advertisement, unless he has refused, on the request of the Secretary of Agriculture, to furnish the Secretary the name and post-office address of the packer, processor, or advertising agency, residing in the United States, who caused him to disseminate such advertisement. advertising agency shall be liable under this section by reason of the causing by it of the dissemination of any false advertisement, unless it has refused, on the request of the Secretary of Agriculture, to furnish the Secretary the name and post-office address of the packer or processor, residing in the United States, who caused it to cause the dissemination of such advertisement.

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TITLE III-REGULATION OF FOREIGN COMMERCE IN RESPECT OF CERTAIN SEEDS

PROHIBITIONS RELATING TO THE IMPORTATION OF CERTAIN SEED

SEC. 301. The importation into the United States of alfalfa, barley, buckwheat, clover, field corn, crested wheatgrass, slender wheatgrass, flax, millet, oats, orchard grass, grain sorghum, sweet sorghum, sudan grass, rape, rye, ryegrass, smooth bromegrass, sweetclover, timothy, vetch, wheat, and species of agrostis, festuca, and poa, or mixtures of seeds containing 10 per centum or more of any one of such seeds, which are adulterated or unfit for seeding purposes under the terms of this title is hereby prohibited; Provided, That such seeds may be delivered to the owner or consignee thereof under bond, to be recleaned in accordance with and subject to such regulations as the Secretary of the Treasury may prescribe and, when cleaned to the standard specified in this Act for admission into the United States, such seed may be released to the owner or consignee thereof after the screenings and other refuse removed from such seed shall have been disposed of in a manner prescribed by the Secretary of Agriculture: Provided further, That this Act shall not apply to the importation of barley, buckwheat, field corn, grain sorghum, flax, broomcorn millet, early fortune millet, oats, rye, or wheat, not intended for seeding purposes, when shipped in bond through the United States or imported for the purpose of manufacture, but such shipment shall be subject to the provisions of the Tariff Act.

SEED DEEMED ADULTERATED

SEC. 302. Seed shall be considered adulterated within the meaning of section 301 when any kind or variety of the seeds, or any mixture subject to section 301, contains more than 5 per centum by weight of seed of another kind or variety of similar appearance: Provided, That the mixture of the seed of white and alsike clover, red and alsike clover, or alsike clover and timothy shall not be deemed an adulteration under this section.

SEED DEEMED UNFIT FOR SEEDING PURPOSES

SEC. 303. Seed shall be considered unfit for seeding purposes within the meaning of section 301

(a) When any kind or variety of the seeds or any mixture subject to section 301 contains noxious-weed seeds at a rate in excess of

(1) One seed in each five grams of timothy, alfalfa, orchard grass, rye grass, species of agrostis, poa, and festuca, clovers, lespedezas, and all other seeds of similar size.

(2) One seed in each twenty-five grams of millet, rape, flax, and other seeds of similar size.

(3) One seed in each one hundred grams of wheat, oats, rye, barley, buckwheat, sorghum, vetches, and other seeds of similar or larger size.

(b) When any kind or variety of the seeds of any mixture thereof contains more than 3 per centum by weight of weed seeds.

(c) When any seed or mixture of seed contains less than 75 per centum of live pure seed.

CERTAIN IMPORTED SEEDS REQUIRED TO BE COLORED

SEC. 304. (a) The importation into the United States of seeds of alfalfa or red clover, or any mixture of seed containing 10 per centum or more of the seeds of alfalfa and/or red clover, is prohibited unless such seeds are colored in such manner and to such extent as the Secretary of Agriculture may prescribe, and when practicable, the color used shall indicate the country or region of origin.

(b) Whenever the Secretary of Agriculture, after public hearing, determines that seeds of alfalfa or red clover from any foreign country or region are not adapted for general agricultural use in the United States, he shall publish such determination. On and after the expiration of ninety days after the date of such publication, and until such determination is revoked, the importation into the United States of any of such seeds, or of any mixture of seeds containing 10 per centum or more of such seeds of alfalfa and/or red clover, is prohibited, unless at least 10 per centum of the seeds in each container is stained a red color, in accordance with such regulations as the Secretary of Agriculture may prescribe. PROHIBITIONS RELATING TO IMPORTATION OF SCREENINGS, SCALPINGS, CHAFF, AND SCOURINGS OF CERTAIN SEED

SEC. 305. (a) The importation of screenings, scalpings, chaff, or scourings of any seeds subject to this Act is prohibited: Provided, That this section shall not apply to screenings, scalpings, chaff, or scourings of corn, barley, rye, oats, wheat, sorghum, millet, and flax when shipped for feeding purposes.

(b) The importation of seed of alfalfa and red clover of unknown origin is prohibited.

(c) The importation of seed of alfalfa or red clover which consists of a mixture of seed of more than one origin, when the seed comprising the mixture has not been designated for the same coloring, is prohibited.

CERTAIN SALES OF SEED IMPORTED FOR MANUFACTURING PURPOSES PROHIBITED

SEC. 306. It shall be unlawful for any person to sell or offer for sale for seeding purposes seeds of grain imported for purposes of manufacture.

SALE OF CERTAIN UNCOLORED SEED PROHIBITED

SEC. 307. It shall be unlawful for any person to sell or offer for sale seed which is required to be colored under the provisions of this title and the regulations issued pursuant to title IV and is not so colored.

SALE OF SEED COLORED IN IMITATION OF CERTAIN SEED PROHIBITED

SEC. 308. It shall be unlawful for any person to sell or offer for sale any seeds that have been colored in imitation of seed required to be colored under the provisions of this title and the regulations issued pursuant to title IV.

PROHIBITIONS RELATING TO REMOVAL OF COLORED SEED AND TO DESTRUCTION OF COLORING

SEC. 309. It shall be unlawful for any person to remove the colored seed from a lot of seed which has been colored under the provisions of this title, or to deface, destroy, remove, alter, cover, obscure, or obliterate any coloring of imported seed of alfalfa or red clover required to be colored under the provisions of this title.

EXEMPTIONS

SEC. 310. (a) No person (other than a packer, processor, or importer) shall be subject to the penalties provided for in section 405 for violation of any of the provisions of sections 306, 307, or 308 if he furnishes to the Secretary of Agriculture, on the request of the Secretary, a representation signed by the person from whom he received or purchased the seed in question to the effect that such seed is not seed which may not, under any of such provisions, be sold or offered for sale. (b) The making of a representation referred to in subsection (a), which representation is false, except by a person who relied upon a representation to the same