agents, and employees from violating the provisions of such order or such order as modified. SEC. 411. If any person against whom an order is issued under section 409 fails to obey the order, the Secretary or the United States, by its Attorney General, may, after the expiration of the time allowed for filing a petition in the district court to set aside or modify such order and if no such petition is pending in the district court, appeal to the district court for the district in which such person has his principal place of business for the enforcement of such order by writ of injunction or other process, mandatory or otherwise, to restrain such person, his officers, agents, or representatives from further disobedience of such order, or to enjoin upon him or them obedience to the same. SEPARABILITY OF PROCEEDINGS SEC. 412. The institution of any one of the proceedings provided for in sections 405, 409, 410, and 411, or criminal prosecution under section 406 shall not bar institution of any of the others. However, nothing in this Act shall be construed as requiring the Secretary of Agriculture to recommend prosecution or institution of libel proceedings, injunction proceedings, or proceedings under an injunction, for minor violations of this Act whenever he believes that the public interest will be adequately served by suitable written notice or warning. SEC. 413. That in carrying on the work herein authorized, the Secretary of Agriculture, or any officer or employee designated by him for such purpose, shall have power to hold hearings, administer oaths, sign and issue subpenas, examine witnesses, and require the production of books, records, accounts, memoranda, and papers, and have access to office and warehouse premises. Upon refusal by any person to appear, testify, or produce pertinent books, records, accounts, memoranda, and papers in response to a subpena, or to permit access to premises, the proper United States district court shall have power to compel obedience thereto. PUBLICATION SEC. 414. After judgment by the court, or the issuance of a cease and desist order, in any case arising under this Act, notice thereof shall be given by publication in such manner as may be prescribed in the rules and regulations made and promulgated under this Act. AUTHORIZATION FOR APPROPRIATIONS SEC. 415. (a) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for administering this Act. (b) Funds appropriated for carrying into effect the purpose of this Act shall be available for allotment by the Secretary of Agriculture to the bureaus and offices of the Department of Agriculture and for transfer to other departments and agencies of the Government which the Secretary of Agriculture may call upon to assist or cooperate in carrying out such purposes or for services rendered or to be rendered in connection therewith. AUTHORIZATION FOR EXPENDITURES SEC. 416. The Secretary of Agriculture is authorized to make such expenditures for rent outside of the District of Columbia, printing, binding, telegrams, telephones, books of reference, publications, furniture, stationery, office and laboratory equipment, travel, and other supplies, including reporting services, and for such research necessary to develop methods of processing, bulking, blending, sampling, testing, and merchandising seeds necessary to the administration of this Act in the District of Columbia and elsewhere, and as may be appropriated for by the Congress. COOPERATION SEC. 417. The Secretary of Agriculture is authorized to cooperate with any other department or agency of the Federal Government; or with any State, Territory, District, or possession, or department, agency, or political subdivision thereof; or with any producing, trading, or consuming organization, whether operating in one or more jurisdictions, in carrying out the provisions of this Act. SEPARABILITY OF PROVISIONS SEC. 418. 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. REPEALS SEC. 419. The Seed Importation Act, approved August 24, 1912, as amended August 11, 1916, and as amended April 26, 1926 (7 U. S. C., 111–116, inclusive), is hereby repealed on the one hundred and eightieth day after the passage of this Act: Provided, however, That the notices with respect to imported alfalfa and red clover seed promulgated by the Secretary of Agriculture under the authority of the Seed Importation Act, approved August 24, 1912, as amended (7. U. S. C., 111-116, inclusive), and now in effect, shall remain with the same full force and effect as if promulgated under this Act. EFFECTIVE DATE SEC. 420. This Act shall take effect as follows: As to agricultural seeds, and the importation of vegetable seeds, on the one hundred and eightieth day after its enactment; as to vegetable seeds in interstate commerce, one year after its enactment; and as to sections 401, 402, and 403, on the date of its enactment. Mr. ANDRESEN. I would like to ask Mr. Coffee a question before we take up discussion with the witnesses. The CHAIRMAN. Yes, Mr. Andresen. Mr. ANDRESEN. Mr. Coffee, before you call your witnesses on the seed bill I would like to get your idea as to the effect of the present bill, as drawn, on screenings and the sale and use of screenings for feed manufacturing purposes. Mr. COFFEE. I would say that there has been some apprehension by the commercial feed mills with respect to one section of this bill. It is not the intention to interfere with commercial feed mills and an amendment has been drawn which will clarify that matter entirely. The bill is only intended to apply to seed for seed purposes. Mr. ANDRESEN. For seed purposes only? Mr. COFFEE. Yes. Mr. ANDRESEN. So you are preparing an amendment that will exempt screenings used for feeding, or processed for feed? Mr. COFFEE. When the amendment is submitted I am sure that you will agree with me that the mills will have no need for any apprehension. The CHAIRMAN. The first witness will be Mr. H. H. Hobbs, president, American Seed Trade Association. STATEMENT OF HARRY H. HOBBS, PRESIDENT, AMERICAN SEED TRADE ASSOCIATION Mr. HOBBS. Mr. Chairman and gentlemen of the committee, my statement will be short. Because of the extreme technical nature of this bill the legislative committee of the American Seed Trade Association and the seed policy committee of the Department of Agriculture were requested to get together and work out something that would be satisfactory to all parties interested. There has been a tremendous amount of work involved. It has been naturally necessary for considerable give and take and we have finally assembled a bill that we believe is fairly satisfactory to all parties interested. and The committee on seed policy for the Department of Agriculture will present the amendments as finally agreed upon in H. R. 3366, that bill with these amendments is satisfactory to the legislative committee of the American Seed Trade Association, which also represents the various regional associations; the Pacific Seedmen's Association; the Western Seedmen's Association, and the Southern Seedmen's Association. Mr. ANDRESEN. Would you place the amendments in the record so that we may have them before us. I want to refer to them. Mr. HOBBS. Yes. Dr. McCall will present them. Mr. ANDRESEN. Dr. McCall is going to present them? Mr. ANDRESEN. Very well. Mr. HOBBS. We believe that because of the extreme technical nature of the bill and the many problems involved that we have worked out about as satisfactory a program as could be done under the circumstances. The legislative committee of the American Seed Trade Association would like to see this bill passed and would like to see its passage expedited. We believe that it will be definitely helpful and will improve conditions in seed distribution in interstate commerce and in the importation of seeds into this country. The CHAIRMAN. We desire to thank you. Mr. HOBBS. Thank you. The CHAIRMAN. Mr. C. B. Mills. STATEMENT OF C. B. MILLS, MARYSVILLE, OHIO Mr. MILLS. Mr. Chairman, I believe there is nothing I care to say except I think the problem which we presented has been solved under this bill. We are entirely satisfied with the bill as drawn with the amendments which Dr. McCall will present. The CHAIRMAN. We desire to thank you, Mr. Mills. Mr. MILLS. Thank you. The CHAIRMAN. Mr. C. N. McIntyre. STATEMENT OF C. N. MCINTYRE, CHAIRMAN, LEGISLATIVE COMMITTEE OF THE ASSOCIATION OF OFFICIAL SEED ANALYSTS, COLUMBUS, OHIO Mr. MCINTYRE. Mr. Chairman and gentlemen of the committee, I do not have a great deal to say concerning this bill. The Association of Official Seed Analysts of North America have gone along on this bill with the Seed Trade Association and the members of the seed policy committee of the Department of Agriculture and we feel that this bill adequately represents the thought of the different States concerning proper seed legislation. I have not gone over some of the amendments which were suggested yesterday, but I think, however, that the other members who were present at that time have and they have told me that the amendments were satisfactory and in the face of that we will accept them as such. Mr. HOPE. I would like to ask you a question. The CHAIRMAN. Mr. McIntyre, Mr. Hope has a question. 145302-39-ser. b--3 Mr. HOPE. What organization do you say you represent? Mr. MCINTYRE. The Association of Official Seed Analysts of North America. Mr. HOPE. What is that organization? Mr. MCINTYRE. Pardon me; I did not understand your question. Mr. HOPE. What is the membership of your organization? Mr. MCINTYRE. This membership represents the seed analysts in 46 States and those in the Department of Agriculture, Washington, D. C., and in some cases it represents the administrative agencies of those States for the reason that some of them operate in a dual capacity. Mr. HOPE. Are any of the members of your organization engaged in the seed business? Mr. MCINTYRE. No; only seed analytical work, testing laboratories in the various States. Mr. HOPE. Yes. Mr. MCINTYRE. All except two States. Mr. HOPE. They are official State laboratories? Mr. MCINTYRE. Official State laboratories, yes. All but two are represented; Florida and Georgia do not have any seed laws. Mr. HOPE. I see. The CHAIRMAN. All the members of the organization are officials? Mr. MCINTYRE. Yes. Mr. ANDRESEN. Mr. McIntyre, may I ask you a question? Mr. MCINTYRE. Yes. Mr. ANDRESEN. I have a communication from Mr. C. P. Bull, special assistant, Division of Weed and Seed Control, of the State of Minnesota. Mr. MCINTYRE. Yes. Mr. ANDRESEN. In which he refers to this so-called hard seed as outlined in the bill, and I want to read a paragraph from his letter on that question and get your reaction to it. May I call attention to some features of the bill for notice and comment? Page 12, line 23, and page 14, line 6 "exclusive of hard seeds"-this has particular reference to alfalfa seeds but also may mean clover and sweet clover seed, where with all good mature seeds a certain percentage have a hard seed coat into which the moisture needed for germination does not enter. These are viable seeds, and if scratched will admit moisture and sprout as readily as any. Therefore, farmers buying otherwise good seed may have 5 to 25 percent or more of the seed that fail to sprout the first year; therefore, of no value to the resulting crop. Now personally, I am not familiar enough with the seed business to comment on that, but you know Mr. Bull, I assume, who has had experience in this work? Mr. MCINTYRE. The thought there is that some seeds have a hard coat which is impervious to water, and the seed is unable to absorb the required amount of moisture necessary to start germination. In our laboratory processes, for instance, we will say the time allotted is 6 days for a test as the average normal time for the germination of seed, alfalfa seed, clover, and red clover, and at the end of that 6-day period there will be left on the germination blotter which is used for germination tests, a certain percentage of the seed which were impervious to water, they would not develop the proper sprouts indicating germination, and we have the three classifications, live sprouts, hard seeds, and dead seeds. The question which he raises is that a certain percentage of these hard seeds will not grow in the soil the first year, and the second year they might be carried over as a weed crop. When scratched these seed, under ordinary circumstances, will usually germinate. That covers the classification which he speaks of as hard seed. Mr. ANDERSEN. Do you think that the bill needs any amendment to take care of that? Mr. MCINTYRE. I do not believe so, at the present time. Mr. ANDERSEN. Now he also has referred to another matter, on page 18, lines 22 and 23, in which he states: It is my opinion that the words "buckwheat, millet and proso" should be eliminated, for we find in our weed work that these crops may contain the seeds of creeping jennie, or field bindweed, and of leafy spurge. It would be just too bad to ship millet seed with these weed seeds into States not having them. What is your reaction as to that? Mr. MCINTYRE. The thought that I have in mind is that Dr. Bull has not been in contact with the progressive development of this present seed act because of his connection in the State of Minnesota, and he has not been in attendance at association meetings nor has he met with the policy committee or the seedmen, and I think probably it would be better to let it stand as at present as long as it represents the consensus of opinion of these various organizations. Mr. ANDRESEN. Well, he was out of State work for 2 years? Mr. MCINTYRE. Two years, yes. Mr. ANDRESEN. That is what you have reference to? Mr. MCINTYRE. Yes, I had in mind, during the last 2 years, while this bill was in progress of development. Mr. ANDRESEN. Now let me ask you with repect to another matter on which he has commented, on page 22, line 6 (1): "One noxious weed seed in 10 grams means 45 per pound." Mr. MCINTYRE. Forty-five to the pound. Mr. ANDRESEN. That is right. And he states: In the This is too many. It should be not more than 25 per pound, but likely it is best to let the bill pass as it is rather than making too many amendments. larger seeds (2) and (3) it is not so important. Mr. MCINTYRE. I think it is well to let the matter go through as it is. Mr. ANDRESEN. Mr. Bull is for the bill. Mr. MCINTYRE. That is right. Mr. ANDRESEN. He has just made these suggestions for the consideration of the committee? Mr. MCINTYRE. Yes. Mr. DOXEY. We desire to thank you. Mr. MCINTYRE. Thank you. Mr. DoXEY. Dr. McCall, we will hear you now. STATEMENT OF M. A. McCALL, CHIEF, DIVISION OF CEREAL CROPS AND DISEASES, BUREAU OF PLANT INDUSTRY, DEPARTMENT OF AGRICULTURE AND CHAIRMAN, DEPARTMENT SEED POLICY COMMITTEE Mr. MCCALL. Mr. Chairman and members of the committee, as Mr. Hobbs has told you, under instructions from the chairman of the committee, Mr. Jones, and Mr. Coffee, author of the bill, the seed policy committee of the Department of Agriculture has worked very |