Page:United States Statutes at Large Volume 53 Part 2.djvu/804

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PUBLIC LAWS-CH. 615-AUG. 9, 1939 Vegetable seeds, for seeding, in containers. Post, p. 1285. Name of kind and variety. Seeds which germi- nate less than stan- dard. Post, p. 1286 . Name of shipper, consignee, etc. Determination of percentage of germi- nation, test period. Proviso. Periods of germina- tion; regulations. False labeling or ad- vertisement, etc. Violations of stain- ing provisions. Screenings. (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) For seeds which germinate less than the standard last estab- lished by the Secretary of Agriculture, as provided under section 403 (c) of this Act- (i) percentage of germination, exclusive of hard seed; (i) percentage of hard seed, if present; (iii) the calendar month and year the test was completed to determine such percentages; (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 402 of this Act, 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 trans- portation 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 agri- cultural 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 agri- cultural 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 label- ing, 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 Act and the regulations made and promulgated thereunder, and is not so stained. (f) Seed which has been stained to resemble seed stained in accord- ance with the provisions of this Act 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 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. (h) Screenings of any seed subject to this Act, 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. 1280 {53 STAT.