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Medicago lupulina L.-Black medick.
Medicago sativa L.-Alfalfa.
Melilotus alba Desr.-White sweetclover.
Melilotus indica (L.) All. Sourclover.
Melilotus officinalis (L.) Lam.--Yellow sweetclover.
Melinis minutiflora Beauv.-Molasses grass.
Oryza sativa L.-Rice.
Panicum fasciculatum Swartz.—Browntop millet.
Panicum miliaceum L.-Proso.
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.
Pisum sativum arvense L. (Poir.).--Field pea, Austrian win-

ter pea.

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 cereale L.-Rye.

Setaria italica (L.) Beauv.–Foxtail, German, Hungarian, or golden millet.

Soja max (L.) Piper. Soybean.
Sorghum vulgare Pers.-Sorghum.
Sorghum vulgare sudanese_(Piper) Hitchc.-Sudan grass.
Stizolobium utile (Wall.) Piper and Tracy.Velvetbean,
Trifolium dubium Sibth.-Suckling clover.
Trifolium hybridum L.-Alsike clover.
Trifolum 1 incarnatum L.-Crimson clover.
Trifolum pratense L.-Red clover.
Trifolium repens L.-White clover.
Triticum spp.-Wheat; spelt; emmer.
Vicia angustifolia (L.) Reich.-Narrowleaf vetch.
Vicia atropurpurea Desf.—Purple vetch.
Vicia dasycarpa Ten.-Woollypod vetch.
Vicia monantha Desf.-Monantha vetch.
Vicia pannonica Crantz.—Hungarian vetch.
Vicia sativa L.-Common vetch.
Vicia villosa Roth.-Hairy vetch.
Vigna sinensis (Torner) Savi.-Cowpea.
Zea mays L.–Field corn:

Provided, That the Secretary of Agriculture is authorized by rules and regulations 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.

1 So in original. Probably should read "Trifolium."

(8) (A) For the purpose of subchapter II of this chapter, the term "weed seeds” means the seeds or bulblets of plants recognized as weeds either by the law or rules and regulations of

(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 subchapter III of this chapter, the term "weed seed” 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 subchapter II of this chapter, the term “noxious-weed seeds” means the seeds or bulblets of plants recognized as noxious

(i) by the law or rules and regulations of the State into which the seed is for ,

(ii) by the law or rules and regulations 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 Agricul: ture under this chapter, 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 subchapter III of this chapter, 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; Sorghum halepense (L.) Pers., Johnson grass; Convolvulus arvensis L., bindweed; Centaurea picris Pall., Russian knapweed; Sonchus arvensis L., perennial sowthistle; Euphorbia esula L., leafy spure; 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, plaint, fruit, seed, or other charcters 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 varities 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 1592 of this title.

(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 1593 of this title.

(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 1593 of this title.

(16) The term "inert matter" means all matter not seeds, and includes among others broken seeds. sterile florets, chaft, fungus bodies, and stones, determined by methods prescribed under section 1593 of this title.

(17) The term “pure live seed” for the purpose of subchapter III of this chapter means that portion of any lot of seed subject to this chapter that consists of live agricultural or vegetable seed determined by methods prescribed under section 1593 of this title.

(18) The term "label" means the display or displays of written, printed, or graphic matter upon or attached to the container of seed.

(19) 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.

(20) 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 chapter.

(21) Subject to such tolerances as the Secretary of Agriculture is authorized to prescribe under the provisions of this chapter-

(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.

(22) 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.

(23) 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. (Aug. 9, 1939, ch. 615, title I, § 101, 53 Stat. 1275.)

EFFECTIVE DATE See section 1610 of this title.

SUBCHAPTER II.-INTERSTATE COMMERCE § 1571. Prohibitions relating to interstate comerce in certain seeds.-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 1592 of this title:

(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 noxiousweed 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 or in accordance with the rules and regulations of the Secretary of Agriculture, when under the provisions of section 1561 (a)

(9) (A) (iii) of this title he shall determine that weeds other than those designated by State requirements are noxious;

(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) the calendar month and year the test was completed to determine such percentages;

(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 1592 of this title, 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 1592 of this title:

(1) Name of kind and variety of seed; (2) For seeds which germinate less than the standard last established by the Secretary of Agriculture, as provided under section 1593 (c) of this title

(i) percentage of germination, exclusive of hard seed; (ii) percentage of hard seed, if present; (iii) the calendar month and year the test was completed to (iv) the words "Below Standard"; 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 1592 of this title, indicating the person who transports or delivers for transportation said seed in interstate commerce.

(c) Any agricultural or vegetable seed unless the test to determine the percentage of germination required by this section shall have been completed within a five-month period, exclusive of the calendar month in which the test was completed, immediately prior to transportation or delivery for transportation in interstate commerce: Provided, however, That the Secretary of Agriculture may by rules and regulations designate: (a) a shorter period for kinds of agricultural or vegetable 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; or (b) a longer period not to exceed nine months, exclusive of the calendar month in which the test was completed. for kinds of agricultural or vegetable seed which he finds under ordinary conditions of handling will maintain during such longer period a germination within the established limits of tolerance.

(d) 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.

(e) Seed which is required to be stained under the provisions of this chapter and the regulations made and promulgated thereunder, and is not so stained.

(f) Seed which has been stained to resemble seed stained in accordance with the provisions of this chapter and the regulations made and promulgated thereunder.

(g) 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 chapter 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 chapter and of the regulations made and promulgated thereunder, with seed of the same kind produced in the United States.

(h) Screenings of any seed subject to this chapter, unless they are not intended for seeding purposes; and it is stated on the label, if in containers, or on the invoice if in bulk, that they are intended for cleaning, processing, or manufacturing purposes, and not for seeding purposes. (Aug. 9, 1939, ch. 615, title II, $ 201, 53 Stat. 1279.)

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