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. 311. Any seed which has been sold or offered for sale in violation of sections 306, 307, or 308, or from which the coloring has been removed in violation of section 309 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. TITIE IV-GENERAL PROVISIONS RULES AND REGULATIONS SEC. 401. (a) The Secretary of Agriculture shall make such rules and regulations as may be necessary for the effective enforcement of title II of this Act. (b) The Secretary of the Treasury and the Secretary of Agriculture shall jointly or severally make such rules and regulations as may be necessary for the effective enforcement of title III of this Act. METHODS OF ANALYSIS OF SEEDS SEC. 402. The analysis of seeds made in connection with the enforcement of this Act shall be made by the methods prescribed by the Association of Official Seed Analysts of North America when practicable: Provided, however, That any method of analysis, test, or examination satisfactory to the Secretary of Agriculture may be employed. HEARING SEC. 403. There shall be, prior to any final recommendation for prosecution for violating any provision of this Act, an opportunity provided to the person or persons who are deemed to have violated such provisions to show cause why they should not be prosecuted. PUBLICATION SEC. 404. After judgment by the court in any case arising under this Act, notice shall be given by publication in such manner as may seem proper in the discretion of the Secretary of Agriculture. PENALTIES SEC. 405. Any person who violates any provision of this Act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not exceeding $1,000. REPEALS SEC. 406. The Seed Importation Act, approved August 24, 1912, as amended August 11, 1916, as amended April 26, 1926 (U. S. C., 1934 edition, title 7, secs. 111 to 116, inclusive), is hereby repealed. SEC. 407. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. EFFECTIVE DATE SEC. 408. This Act shall take effect on the one hundred and eightieth day after the date of its enactment, except that sections 401 and 402 shall take effect upon its enactment. We also have with us representatives from the Department. STATEMENTS OF DR. E. N. BRESSMAN, SCIENTIFIC ADVISER, OFFICE OF THE SECRETARY OF AGRICULTURE; DR. A. G. BLACK, CHIEF, BUREAU OF AGRICULTURAL ECONOMICS; DR. M. A. MCCALL, ASSISTANT CHIEF, BUREAU OF PLANT INDUSTRY, AND DR. JOSEPH F. COX, SENIOR AGRONOMIST, DIVISION OF PROGRAM PLANNING, AGRICULTURAL ADJUSTMENT ADMINISTRATION Dr. BRESSMAN. Mr. Chairman, my name is E. N. Bressman. Title, scientific adviser of the office of the Secretary of Agriculture, and happen to be chairman of the Department committee on seed policy. Also appearing here this morning are Dr. Black, Chief of the Bureau of Agricultural Economics, in charge of Seed Marketing and Seed Verification Service; Dr. McCall, Assistant Chief, Bureau of Plant Industry, the Bureau that administers the present Federal Seed Act; and Dr. Cox, of the Agricultural Adjustment Administration, who has been active in making up the various documents required under the former acts, particularly those required under the Soil Conservation Act. Mr. Chairman and members of the committee, on May 21, 1937, the Secretary established a Department committee on seed policy, with the specific request that the committee consider, among other things, proposed revisions of the Federal Seed Act. This committee, composed of eight members from various bureaus in the Department, has for almost a year been considering various phases of the seed work of the Department. Since the introduction of H. R. 8288, a bill to regulate interstate and foreign commerce in certain seeds, and so forth, by Mr. Coffee of Nebraska, on August 19, 1937, this committee has been considering the bill and ways in which it might be strengthened. In my opinion, H. R. 8288, with suggested changes, is sound seed legislation that will protect the interests of farmers and honest seedsmen. There might be other methods of safeguarding farmers' interests in the securing of good seeds, but in my opinion there is no simpler and less costly approach. In general, H. R. 8288 provides several features. The outstanding feature of the bill is the requirement that all field seeds in interstate commerce be labeled as to the kind of seeds, variety, where grown, purity, weed seeds, and noxious-weed seeds. These are facts that the grower should have. The need of more adequate control of noxious weeds is recognized in the bill. The worst noxious-weed seeds are listed, and in addition, the law of the State into which seed is shipped is recognized and noxious weeds prohibited by the various States must be specified in the label. The bill prohibits the shipment in interstate commerce of screenings. The bill prohibits any misleading advertisement or labeling by any means whatsoever. The bill includes many field crop seeds not covered in the present act, such as sweet clover, crested wheat grass, ryegrass, and other grasses that have become of great importance to American agriculture. The bill defines methods of analysis as those prescribed by the Association of Official Seed Analysts of North America. The bill specifically prohibits the removal of stained seed from imported seed or in any way offsetting the purpose of the seed-staining section of this act. The bill specifically states that the disclaimer or nonwarranty clause found on most seedsmen's invoices shall not waive the liability for violation of the act. The favorable report on H. R. 8288 made by this Department points out that the present act is so faulty that it should be repealed in its entirety and new legislation substituted for it. The present act provides that intent to defraud must be proved, and hence the Government has been unable to successfully prosecute any case of criminal violation. The control provisions of the present act likewise are largely nullified by the nonwarranty clause generally employed by those engaged in the seed trade. The present act does not require the labeling of seed shipped in interstate commerce, and the clause directed against misbranding, therefore, is vitiated. Another weakness in the present act is the lack of provision for control of noxious weed seeds in seed moving in interstate commerce. Many important seeds, like crested wheat grass, sweet clover, and vegetable seeds are not covered in the present act. All of these factors are adequately taken care of, we believe, in H. R. 8288. All are familiar with the numerous programs of the Federal Government that require large amounts of seed. The agricultural conservation program calls for the use of large amounts of seeds of soil-conserving crops. Many of these seeds are small and not easily distinguished by farmers. Adequate protection, therefore, should be provided. Soilerosion projects and Federal seed loans also call for some protection of the Government's interests in the securing of good seed for this work. Under date of May 1, 1937, the Federated Seed Service, including the following members, requested the Secretary of Agriculture to provide amendments to the Federal Seed Act: Cooperative G. L. F. Mills, Inc., Buffalo, N. Y. Eastern States Cooperative Milling Corporation, Buffalo, N. Y. Farm Bureau Cooperative Association, Inc., Columbus, Ohio. Farm Bureau Services, Inc., Lansing, Mich. Farmers' Cooperative Exchange, Inc., Statesville, N. C. Indiana Farm Bureau Cooperative Association, Inc., Indianapolis, Ind. Pennsylvania Farm Bureau Cooperative Association, Inc., Harrisburg, Pa. Southern States Cooperative, Inc., Richmond, Va. Their recommendations were as follows: We recommend that consideration be given to amending the Federal Seed Act to include sweetclover, crested wheatgrass, oatgrass, yellow trefoil, bluegrass, bentgrass, crested dogtail, and all fescues. We believe it is very important that these items be controlled by the Federal Seed Act to prevent the importation of low-grade seed. For example, there were five cars of sweetclover brought into the United States from Canada this year which was 11 years old, with germination nil. It is interesting to note that this seed was handled by seed dealers using the United States verification emblem. Under the present Seed Act yellow trefoil, when present with other crops, is considered a weed. Trefoil is a legume and a useful pasture plant, particularly in Eastern States, and is recommended for this purpose by agricultural colleges. It is requested that this seed no longer be classed as a weed but as a crop. Sweetclover, when present in other crops, is considered a weed under the Federal Seed Act, whereas State laws classify sweetclover as a crop. It is requested that sweetclover be considered a crop and never as a weed under the Federal Seed Act. Seed sold in interstate commerce should comply with the State laws of the receiving State. It is desired that the Seed Act be so amended as to empower the Secretary of Agriculture to prohibit the sale of seed in interstate commerce which is unfit for seeding purposes, and that the Secretary be empowered to seize such seed. Resolution No. 16, adopted at the Nineteenth Annual Convention of the American Farm Bureau Federation, December 15, 1937, stated: Additional Federal legislation should be enacted to prevent misbranding, adulteration, and false advertising of seeds; to require certain standards with respect to origin, adaptability, purity, germination, and the percentage of noxious weed seed and to strengthen the Gooding-Ketcham Seed Staining Act. In a letter under date of September 6, 1937, to Joseph F. Cox, of the Department of Agriculture, L. J. Taber, master of the National Grange, stated: I want to assure you that the National Grange will be glad to support all sound legislation that will make for a better Federal Seed Act, prevent the importation of weeds and poor seed and also tend to control the weed menace. The American Seed Trade Association, through Mr. A. W. Livingston, chairman of the legislative committee, asked for a conference in Washington with those interested in seed legislation. Under date of September 20, as chairman of the Department's Committee on Seed Policy, I expressed the willingness of the committee to meet with. Mr. Livingston's committee of the seed trade to discuss seed legislation. The legislative committee of the American Seed Trade, however, did not arrange for a conference. Many favorable comments have been received from agronomists of the various agricultural colleges in regard to H. R. 8288. I can recall no instance of objections having been made to the general provisions of this bill. Briefly, the bill calls for an honest label on seed moving in interstate commerce and protects our interests in seed coming from foreign sources. My remarks refer primarily to H. R. 8288, with the amendments suggested by the Secretary in his report on the bill. H. R. 8288 is a good bill, carefully drawn and specific in detail, so that it can be honestly and efficiently administered. I hope that it will receive favorable consideration from this subcommittee and the Agriculture Committee as a whole. Mr. MITCHELL. Mr. Bressman, as I understand the bill here, it is generally endorsed and well endorsed by farm organizations from all sections of the country. Mr. BRESSMAN. Yes, Mr. Chairman. Mr. MITCHELL. Mr. Livingston, from Columbus, Ohio, telephoned me that he desired to appear in connection with this bill. I do not recall his connection with it, but I understand he is very much interested in it. Mr. BRESSMAN. He was chairman of the legislative committee of the American Seed Trade Association. We have correspondence with him. Mr. MITCHELL. He will be given an opportunity, if he desires to appear. Mr. BRESSMAN. That is fine. Mr. MITCHELL. This bill provides its enforcement shall be through the Department of Justice, as I understand. Mr. BRESSMAN. The Department of Agriculture. Mr. MITCHELL. Its penalty provisions Mr. BRESSMAN. The Department of Agriculture is charged with its enforcement. Mr. MITCHELL. I mean the enforcement of its criminal provisions. There is no appropriation being asked for in this bill. Mr. BRESSMAN. No; there is no appropriation clause in this bill. Mr. MITCHELL. Now, is there any prospect of any additional expense in your Department? Mr. BRESSMAN. Yes; we have a sum of money Mr. MITCHELL (interposing). Other than your present set-up, I mean. Mr. BRESSMAN. Yes; we have a sum of money in the present Agricultural appropriation bill, through which we are administering the present Federal Seed Act, and those administering that act have gone carefully into the cost of complete and careful administration of this new bill, and have submitted to the Bureau of the Budget what they consider would be required, and it increases, as I remember the estimate, $50,000 per year. Mr. MITCHELL. That covers the whole country? Mr. BRESSMAN. That is right. Mr. CUMMINGS. What does it cost you now under the present set-up? Mr. MITCHELL. Yes; what is the present cost of administering the Federal Seed Act? Mr. BRESSMAN. Dr. McCall, I believe, can answer that. Mr. McCALL. I think the appropriation is $30,000, as I remember it. Mr. MITCHELL. And an additional sum of between $14,000 and $15,000 will be required? Mr. MCCALL. The amount estimated is in addition to the present appropriation. Mr. BRESSMAN. The present program requires approximately $30,000; and that will need to be increased by $50,000. Mr. CUMMINGS. $50,000 plus the $30,000? Mr. BRESSMAN. That is right. Mr. McCALL. In that connection, I might say that the Department is constantly receiving requests from State enforcement agencies for assistance, and whether or not this act is passed in its present form, it will be necessary to ask for additional funds, when the appropriate time arrives. Mr. COFFEE. If I may, I will add a statement right there, Mr. Chairman. Mr. MITCHELL. Yes, Mr. Coffee. Mr. COFFEE. The Secretary, in his report on this bill, states: We are of the opinion that the present Federal seed legislation is so faulty, that it should be repealed in its entirety and new legislation substituted for it. In this connection, you should be informed that all 11 of the contested Federal Seed Act criminal cases, arising out of the alleged violations of the provisions of the amendment to the Federal Seed Act, approved February 6, 1926, which prohibits traffic in interstate commerce, in misbranded seeds, were lost. Mr. CUMMINGS. Why spend the $35,000 on it then? Mr. COFFEE. That is why I proposed the repeal of the present seed laws and the substitution of one that can be enforced. Mr. LORD. May I ask a question, Mr. Chairman? Mr. MITCHELL. Yes; just a minute. Mr. LORD. Yes. Mr. MITCHELL: Have there been any judgments under the old law? Mr. BRESSMAN. I will ask Doctor McCall to answer that. Mr. MCCALL. No; there have not been. The policy has been recognized from the first, we have had so much difficulty in connection with criminal proceedings, that we have operated with the indi |