PLANT SEED REGULATION THURSDAY, MARCH 23, 1939 HOUSE OF REPRESENTATIVES, The committee met, pursuant to adjournment, at 10 a. m., Hon. Marvin Jones (chairman) presiding. The CHAIRMAN. The committee will come to order, please. The committee has under consideration this morning H. R. 3366, a bill to regulate interstate and foreign commerce in seed. (H. R. 3366 is as follows:) [H. R. 3366, 76th Cong., 1st sess.] A BILL To regulate interstate and foreign commerce in seeds; to require labeling and to prevent misrepresentation of seeds in interstate commerce; to require certain standards with respect to certain imported seeds; and for other purposes Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, That this Act may be cited as the "Federal Seea Act." TITLE I-DEFINITIONS SEC. 101. (a) When used in this Act (1) The term "United States" means the several States, Alaska, District of Columbia, Hawaii, and Puerto Rico. (2) The term "person" includes a partnership, corporation, company, society, or association. (3) The term "interstate commerce" means— (A) commerce between any State, Territory, possession, or the District of Columbia, and any other State, Territory, possession, or the District of Columbia; or (B) commerce between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or (C) commerce within the District of Columbia. (4) For the purposes of this Act with respect to labeling for variety and origin (but not in anywise limiting the foregoing definition), seeds shall be considered to be in interstate commerce, or delivered for transportation in interstate commerce, if such seeds are part of, or delivered for transportation in, that current of commerce usual in the transportation and/or merchandising of seeds, whereby such seeds are sent from one State with the expectation that they will end their transit in another, including, in addition to cases within the above general description, all cases where seeds are transported or delivered for transportation to another State, or for processing or cleaning for seeding purposes within the State and shipment outside the State of the processed or cleaned seeds. Seeds normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this Act. (5) The term "foreign commerce" means commerce between the United States, its possessions, or any Territory of the United States, and any foreign country. 1 (6) The term "district court of the United States" means any court exercising the powers of a district court of the United States. (7) The term— (A) "Agricultural seeds” shall include grass, forage, and field crop seeds, as follows: Agropyron cristatum (L.) Beauv.-Crested wheat-grass. Agropyron pauciflorum (Schwein.) Hitchc.-Slender wheatgrass. Agrostis alba L.—Redtop. Agrostis canina L.-Velvet bent. Agrostis palustris Huds.-Creeping bent. Agrostis tenuis Sibth.-Bentgrasses. Avena.-Oat. Beta sp.-Field beet, sugar beet. Brassica campestris napo-brassica (L.) DC.—Rutabaga. Brassica napus L.-Winter rape. Brassica rapa L.-Turnip. Bromus inermis Leyss.-Smooth brome. Chloris gayana Kunth.-Rhodes grass. Cynosurus cristatus L.-Crested dogtail. Dactylis glomerata L.—Orchard grass. Echinochloa crusgalli frumentacea (Roxb.) Wight.-Japanese millet. Fagopyrum vulgare Hill.-Common buckwheat. Festuca. Fescue. Gossypium.-Cotton. Hordeum.-Barley. Lespedeza sericea (Thumb.) Miq.-Chinese lespedeza. Lespedeza stipulacea Maxim.—Korean lespedeza. Lespedeza striata (Thumb.) Hook and Arn.-Common and Kobe lespedeza. Linum usitatissimum L.-Flax. Lolium multiflorum Lam.-Italian ryegrass. Lolium perenne L.-Perennial ryegrass. Medicago arabica (L.) All.--Bur clover. Medicago hospida Gaertn.-Bur clover. Medicago lupulina L.-Black medick. Medicago sativa L.-Alfalfa. Melilotus alba Desr.-White sweetclover. Melilotus indica (L.) All.-Sourclover. Mellilotus officinalis (L.) Lam.-Yellow sweetclover. Melinis minutiflora Beauv.-Molasses grass. Oryza sativa L.-Rice. Panicum fasciculatum Swartz.-Browntop millet. Paspalum dilatatum_Poir.-Dallis grass. Paspalum notatum Fluegge.-Bahia grass. Pennisetum glaucum (L.) R. Br.-Pearl millet. Pennisetum purpureum Schumach.-Napier grass. Phleum pratense L.-Timothy. Phalaris arundinacea L.-Reed canary grass. Phalaris canariensis L.-Canary grass. Pisum sativum arvense L. (Poir.).-Austrian winterpea. Poa annua L.-Annual bluegrass. Poa compressa L.-Canada bluegrass. Poa nemoralis L.-Wood bluegrass. Poa pratensis L.-Kentucky bluegrass. Poa trivialis L.-Rough bluegrass. Secale.-Rye. Setaria italica (L.) Beauv.-Foxtail, German, Hungarian, or golden millet. Soja max (L.) Piper.-Soybean. Sorghum vulgare Pers.-Sorghum. Sorghum vulgare sudanense (Piper) Hitchc.-Sudan grass. Stizolobium utile (Wall.) Piper and Tracy.-Velvet-bean. Trifolium dubium Sibth.-Suckling clover. Trifolium hybridum L.-Alsike clover. Trifolium incarnatum L.-Crimson clover. Trifolium pratense L.-Red clover. Trifolium repens L.-White clover. Triticum.-Wheat; spelt; emmer. Vicia angustifolia (L.) Reich.-Narrowleaf vetch. Vicia pannonica Crantz.-Hungarian vetch. Vicia villosa Roth.-Hairy vetch. Vigna sinensis (Torner) Savi.—Cowpea. Zea mays L.-Corn. Provided, That the Secretary of Agriculture is authorized to add to or take from such list of agricultural seed, when he finds that any seeds are or are not used for seeding purposes in the United States. (B) "vegetable seeds" shall include the seeds of those crops that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seeds. (8) (A) For the purpose of title II, the term "weed seeds" means the seeds of bulblets of plants recognized as weeds either by the law of, or generally in— (i) The State into which the seed is offered for transportation, or transported; or (ii) Alaska, Hawaii, Puerto Rico, or District of Columbia into which transported, or District of Columbia in which sold. (B) For the purpose of title III, the term "weed seeds" means seeds or bulblets of plants which are found by the Secretary of Agriculture to be detrimental to the agricultural interests of the United States, or any part thereof. (9) (A) For the purpose of title II, the term "noxious-weed seeds" means the seeds or bulblets of plants recognized as noxious (i) by the law of the State into which the seed is offered for transportation, or transported; (ii) by the law of Alaska, Hawaii, Puerto Rico, or the District of Columbia, into which transported, or District of Columbia in which sold; or (iii) by the rules and regulations of the Secretary of Agriculture under this Act, when, after investigation, he shall determine that a weed is noxious in the United States or in any specifically designated area thereof. (B) For the purpose of title III, the term "noxious-weed seeds" means the seeds of Lepidium draba L., Lepidium repens (Schrenk) Boiss., Hymenophysa pubescens C. A. Mey., white top, Cirsium arvense (L.) Scop., Canada thistle, Cuscuta spp., dodder; Agropyron repens (L.) Beauv., quackgrass, Convolvulus arvensis L., Bindweed, Sorghum halepense (L.) Pers., Johnson grass, Centaurea picris Pall., Russian knapweed, Sonchus arvensis L., perennial sowthistle; Euphorbia esula L., leafy spurge; and seeds or bulblets of any other kinds which after investigation the Secretary of Agriculture finds should be included. (10) The term "origin" means the State, Alaska, District of Columbia, Hawaii, Puerto Rico, or possession of the United States, or the foreign country, or designated portion thereof, where the seed was grown. (11) The term "kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, wheat, oat, vetch, sweetclover, cabbage, cauliflower, and so forth. (12) The term "variety" means a subdivision of a kind which is characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other sorts of the same kind, for example, Marquis wheat, Flat Dutch cabbage, Manchu soybeans, Oxheart carrot, and so forth. (13) The term "type" means either (A) a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions, or (B) when used with a variety name means seed of the variety named which may be mixed with seed of other varieties of the same kind and of similar character, the manner of, and the circumstances connected with the use of the designation to be governed by rules and regulations prescribed under section 402 of this Act. (14) The term "germination" means the percentage of seeds capable of producing normal seedlings under ordinarily favorable conditions (not including seeds which produce weak, malformed, or obviously abnormal sprouts) determined by methods prescribed under section 403 of this Act. (15) The term "hard seeds" means the percentage of seeds which because of hardness or impermeability do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned, determined by methods prescribed under section 403 of this Act. (16) The term "live seed" means the percentage of germination plus the percentage of hard seed. (17) The term "inert matter" means all matter not seeds, and includes among others broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed under section 403 of this Act. (18) The term "pure live seed" for the purpose of title III means that portion of any lot of seed subject to this Act that consists of live agricultural or vegetable seed determined by methods prescribed under section 403 of this Act. (19) The term "label" means the display or displays of written, printed, or graphic matter upon or attached to the container of seed. (20) The term "labeling" includes all labels, and other written, printed, and graphic representations, in any form whatsoever, accompanying and pertaining to any seed whether in bulk or in containers, and includes invoices. (21) The term "advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this Act. (22) Subject to such tolerances as the Secretary of Agriculture is authorized to prescribe under the provisions of this Act (A) the term "false labeling" means any labeling which is false or misleading in any particular; (B) the term "false advertisement" means any advertisement which is false or misleading in any particular. (23) The term "screenings" shall include chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed in any way from any seeds in any kind of cleaning or processing and which contain less than 25 per centum of live agricultural or vegetable seeds. (24) The term "in bulk" refers to seed when loose either in vehicles of transportation or in storage, and not to seed in bags or other containers. TITLE II-INTERSTATE COMMERCE PROHIBITIONS RELATING TO INTERSTATE COMMERCE IN CERTAIN SEEDS SEC. 201. It shall be unlawful for any person to transport or deliver for transportation in interstate commerce (a) Any agricultural seeds or any mixture of agricultural seeds for seeding purposes, unless each container bears a label giving the following information in accordance with rules and regulations prescribed under section 402 of this Act: (1) The name of (A) kind, or (B) kind and variety, or (C) kind and type, for each agricultural seed component present in excess of 5 per centum of the whole and the percentage by weight of each: Provided, That such components are expressed in accordance with the category designated under (A), (B), or (C); (2) Lot number or other identification; (3) Origin, stated in accordance with paragraph (a) (1) of this section, of each agricultural seed present which has been designated by the Secretary of Agriculture as one on which a knowledge of the origin is important from the standpoint of crop production, if the origin is known, and if each such seed is present in excess of 5 per centum. If the origin of such agricultural seed or seeds is unknown, that fact shall be stated: (4) Percentage by weight of weed seeds, including noxious-weed seeds; (5) Kinds of noxious-weed seeds and the rate of occurrence of each, which rate shall be expressed in accordance with and shall not exceed the rate allowed for shipment, movement, or sale of such noxious-weed seeds by the law and regulations of the State into which the seed is offered for transportation or transported; (6) Percentage by weight of agricultural seeds other than those included under paragraph (a) (1) of this section; (7) Percentage by weight of inert matter; (8) For each agricultural seed, in excess of 5 per centum of the whole, stated in accordance with paragraph (a) (1) of this section, (A) percentage of germination, exclusive of hard seed, (B) percentage of hard seed, if present, (C) percentage of live seed, if hard seed is present, and (D) the calendar month and year the test was completed to determine such percentages, which test shall have been completed not more than five months, exclusive of the calendar month in which the test was completed, prior to transportation or delivery for transportation in interstate commerce: Provided, however, That the Secretary of Agriculture may by rules and regulations designate a shorter period for kinds of agricultural seed which he finds under ordinary conditions of handling will not maintain, during the aforesaid five-month period, a germination within the established limits of tolerance; (9) Name and address of (A) the person who transports, or delivers for transportation, said seed in interstate commerce, or (B) the person to whom the seed is sold or shipped for resale, together with a code designation approved by the Secretary of Agriculture under rules and regulations prescribed under section 402 of this Act, indicating the person who transports or delivers for transportation said seed in interstate commerce; (b) Any vegetable seeds, for seeding purposes, in containers, unless each container bears a label giving the following information in accordance with rules and regulations prescribed under section 402 of this Act; (1) Name of kind and variety of seed; (2) (A) For seeds which germinate equal to or above the standard last established by the Secretary of Agriculture, as provided under section 403 (c) of this Act: The words "Standard for with the year inserted; (B) For seeds which germinate less than the standard last established by the Secretary of Agriculture, as provided under section 403 (c) of this Act (i) percentage of germination, exclusive of hard seed; (ii) percentage of hard seed, if present; (iii) percentage of live seed, if hard seed is present; (iv) the calendar month and year the test was completed to determine such percentages, which test shall have been completed not more than five months, exclusive of the calendar month in which the test was completed, prior to transportation or delivery for transportation in interstate commerce; and (3) Name and address of (A) The person who transports, or delivers for transportation, said seed in interstate commerce; or (B) the person to whom the seed is sold or shipped for resale, together with a code designation approved by the Secretary of Agriculture under rules and regulations prescribed under section 402 of this Act, indicating the person who transports or delivers for transportation said seed in interstate commerce. (a) Any agricultural seeds or vegetable seeds, having a false labeling, or pertaining to which there has been a false advertisement, or to sell or offer for sale such seed for interstate shipment by himself or others. (d) Seed which is required to be stained under the provisions of this Act and the regulations made and promulgated thereunder, and is not so stained. (3) Seed which has been stained to resemble seed stained in accordance with the provisions of this Act and the regulations made and promulgated thereunder. (f) Seed which is a mixture of seeds which are required to be stained or which are stained with different colors under the provisions of this Act and of the regulations made and promulgated thereunder, or which is a mixture of any seed required to be stained under the provisions of this Act and of the regulations made and promulgated thereunder, with seed of the same kind produced in the United States. (g) Screenings of any seed subject to this Act, unless— (1) they are free from noxious-weed seeds; and (2) it is stated on the label, if in containers, or in the invoice, if in bulk, that they are not intended for seeding purposes. RECORDS SEC. 202. All persons transporting, or delivering for transportation, in interstate commerce agricultural or vegetable seeds shall keep such records as may be prescribed by rules and regulations prescribed under section 402 of this Act, and the Secretary of Agriculture, or his duly authorized agents, shall have the right to inspect such records for the purpose of the effective administration of this Act. EXEMPTIONS SEC. 203. (a) The provisions of sections 201 and 202 shall not apply to any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier: Provided, That such carrier is not engaged in processing or merchandising seed subject to the provisions of this Act. (b) The provisions of section 201 (a) and (b) shall not apply to any seed when transported or delivered for transportation in interstate commerce (1) if in bulk, in which case however the invoice pertaining to such seed shall bear the various statements required for the respective seeds under section 201 (a) and (b); or 145302-39-ser. b |