CHAPTER VII. POWERS AND DUTIES OF COMMISSIONER-(B) VICE THE STATE DAIRY AND FOOD COMMISSIONER-SALE OF AGRICULTURAL SEEDS. PACKAGES, CONTENTS MUST BE PLAINLY MARKED ON. SEC. 113. SEC. 114. SEC. 115. MARKED. SEC. 116. SEC. 117. SEC. 118. SEC. 119. SEC. 120. SEC. 121. SEC. 122. SEC. 123. DUTIES OF INSPECTOR. SEC. 124. SEC. 125. APPLICATION OF ACT-PERSONS LIABLE. IMPURITIES-FOREIGN SUBSTANCES. STANDARD OF PURITY AND VIABILITY. SAMPLES-ANALYSIS BY DAIRY AND FOOD COMMIS- RULES-POWER OF DEPUTIES. SEC. 126. PENALTY FOR SALE OF IMPURE SEEDS. CHAPTER VII. PACKAGES-CONTENTS MUST BE PLAINLY MARKED ON. SEC. 113. Any person or persons doing business in this state who shall knowingly sell seed, or offer for sale any vegetable seed that are not plainly marked upon each package or bag containing such seed the year in which said seed were grown, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than fifty dollars, or imprisoned not more than thirty days for each and every offense. (Sec. 3055, R. & B.) PENALTY FOR MISLABELING. SEC. 114. Any person or persons who shall, with intention to deceive, wrongly mark or label, as to date, any package or bag containing garden or vegetable seed shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten nor more than fifty dollars, or imprisoned not less than ten nor more than thirty days. (Sec. 3056, R. & B.) AGRICULTURAL SEEDS-DEFINITION-PACKAGES MARKED. SEC. 115. The term "agricultural seeds" as used in this act shall include the seeds of red clover, white clover, alsike clover, alfalfa, Kentucky blue grass, timothy, brome grass, orchard grass, red top, meadow fescue, oat grass, rye grass, and other grasses and forage plants, flax, rape and cereals, and every parcel, package or lot of seeds as herein defined, containing one pound or more, offered or exposed for sale in this state for use in this state, shall have affixed thereto in a conspicuous place on the outside thereof, distinctly printed in the English language, in legible type, not smaller than eight-point heavy Gothic caps, or plainly written, a statement certifying: (1) Name of seed. (2) Full name and address of the seedman, importer, dealer or agent. (3) A statement of the purity of the seed contained, specifying the kind and percentage of the impurities as hereinbefore (after) defined: Provided, Said seeds are below the standards fixed in this act. (4) Locality where said seed was grown, if known. (Sec. 3057, R. & B.) MUST BE FREE FROM CERTAIN SEEDS. SEC. 116. No person shall sell, offer or expose for sale or distribution for the purpose of seeding, any agricultural seeds as herein defined, unless such agricultural seeds are free from the seeds of the following weeds: Wild mustard or charlock (brassica sinapistrum), quack grass (agropyron repens), Canada thistle (cnicus arvensis), wild oats (avena fatua), clover and alfalfa dodded (cuscuta epithymum), field dodder (cuscuta arvenus), and corn cockle (lychnis githago). (Sec. 3058, R. & B.) IMPURITIES-WEED SEEDS. SEC. 117. Seeds of the following weeds shall be considered as impurities in agricultural seeds as defined in section 3057, so offered or exposed for sale for the purpose of seeding: White cockle (lychnis vespertina), nightflowering catchfly (silene noctiflora), curled dock (rumex crispus), smooth dock (rumex altissimus), sheep sorrel (rumex acetosella), yellow trefoil (medotus alba and officinalis), black mustard (brassica nigra), plantain, buckhorn (plantago lanceolata), bracted plantain (plantago aristata), bindweed (convolvulus sepium), smooth crab grass (panicum glabrum), common chickweed (stellaria media), August flower and Russian thistle. When such impurities or any of them are present in quantity exceeding a total of 2 per cent. of the weight of said agricultural seeds, the approximate percentage of each shall be plainly indicated in statement specified in subdivision three (3) of section 3057. (Sec. 3059, R. & B.) ADULTERATED OR MIXED SEEDS. SEC. 118. For the purposes of this act seeds shall be deemed to be mixed or adulterated: First. When orchard grass (dactylus glomerata) seed contains 10 per cent. or more by weight of meadow fescue (festuca elatior pratensis) seed, or Italian rye grass (lolium italicum) seed, or English rye grass (lolium perenne) seed. Second. When blue grass or Kentucky blue grass (poa pratensis) seed contains 5 per cent. or more by weight of Canadian blue grass (poa compressa) seed, red top chaff, red top (agrostis alba) seed, or any other seed or foreign substance. Third. When red clover (trifolium pratense), mammoth red clover (trifolium pratense var), or alfalfa (medicago sative), contains 5 per cent. or more by weight of yellow trefoil (medicago lupulina), or sweet clover (melilotus abla and M. officinalsis) seed or burr clover (medicago denticulata) seed. Fourth. When rape (brassica rapa) contains 5 per cent. or more of common mustard (brassica sinapistrum) or black mustard (B. nigra). (Sec. 3060, R. & B.) MISBRANDED PACKAGES. SEC. 119. For the purpose of this act, seed shall be deemed to be misbranded: First. When meadow fescue (festuca elatior pratensis), English rye grass (lolium perenne) or Italian rye grass (lolium italicum) is labeled or sold under the name of orchard grass (dactylis glomerata) seed. Second. When Canadian blue grass (poa compressa) seed, red top (agrostis alba) seed, or any other seed not blue grass seed, is sold under the name of Kentucky blue grass or blue grass (poa pratensis) seed. Third. When yellow trefoil (medicago lupulina), burr clover (medicago denticulata), or sweet clover (melilotus alba) is sold under the name of clover, June clover, red clover (trifolium pratense), medium red clover, small red clover, mammoth red clover, sappling clover, peavine clover (T. pratense var) or alfalfa (medicago sativa) seed. Fourth. When the seeds are not true to the name under which they are sold. (Sec. 3061, R. & B.) APPLICATION OF ACT-PERSONS LIABLE. SEC. 120. The provisions concerning agricultural seeds contained in this act shall not apply to: First. Any person or persons growing or selling seeds for food purposes only, or having such seeds in possession for sale for such purposes. Second. Any person selling goods direct to merchants, to be cleaned or graded before being offered for sale for the purpose of seeding. This shall not, however, exempt the seller from the restrictions of section of this act. Third. Seed that is held in storage for the purpose of being recleaned, and which has not been offered, exposed or held in possession of or for sale for the purpose of seeding. Fourth. Seed marked "not absolutely clean," and held or sold for export outside the state only. Fifth. The sale of seed that is grown, sold and delivered by any farmer on his own premises for seeding by the purchaser himself, unless the purchaser of said seeds obtains from the seller at the time of the sale thereof a certificate that the said seed is supplied to the purchaser subject to the provisions of this act. Sixth. Mixtures of seeds for lawn or pasture purposes. This shall not, however, exempt the seller of such mixtures of seeds from the restrictions of sections of this act. (Sec. 3062, R. & B.) IMPURITIES-FOREIGN and SUBSTANCES. SEC. 121. Sand, dirt, chaff and foreign substances and seeds other than those specified in sections 3060 and 3061, or broken seed not capable of germinating, shall be considered impurities when present in agricultural seeds sold, offered or exposed for sale for the purpose of seeding, and when such impurities or any of them are present in quantity exceeding the standards of purity and viability authorized by this act, the name and approximate percentage of each shall be plainly indicated in the statement specified in subdivision 3, section 3057. (Sec. 3063, R. & B.) STANDARD OF PURITY AND VIABILITY. SEC. 122. The following standards of purity (meaning freedom from weed seeds or other seeds) and viability are hereby fixed: STANDARD OF PURITY AND VIABILITY OF AGRICULTURAL SEC. 123. The State Dairy and Food Commissioner shall cause to be made an analysis of all agricultural seeds sold or offered for sale in this state, and such Commissioner or his deputy is hereby authorized to take for analysis a sample from any lot or package of agricultural seeds, not to exceed four ounces in weight. Such sample shall be taken in the presence of the party or parties in interest, or their representative, from any parcel, lot or number of parcels, not less than 5 per cent. of the whole lot inspected, and such sample shall be thoroughly mixed, and divided into two samples and placed in glass or metal vessels, carefully sealed, and a label placed on each, stating the name of the seed therein, name of the party from whose stock the sample was taken, and the place and date of taking such sample, and such label shall be signed by the said Commissioner or his deputy, or said sample may be taken in the presence of two disinterested witnesses. All of said samples shall be taken in duplicate, and one of such duplicate samples shall be left on the premises of the party whose stock was sampled; and the other shall be retained by such Commissioner for analysis and comparison. The result of the analysis of such sample, together with such additional information as the said Dairy and Food Commissioner may deem advisable, shall be published from time to time in bulletins to be issued by said Dairy and Food Commissioner. (Sec. 3065, R. & B.) SAMPLES-ANALYSIS BY DAIRY AND FOOD COMMISSIONER -FEES. SEC. 124. Any person purchasing any agricultural seed for his own use, may submit fair samples of said seeds to the said Dairy and Food Commissioner, who shall, upon the receipt of a fee of fifty cents for each such sample so submitted, cause an analysis of the same to be made and furnished to the person submitting the same. (Sec. 3066, R. & B.) RULES-POWERS OF DEPUTIES. SEC. 125. It is especially made the duty of the said Dairy and Food Commissioner to enforce the provisions of this act, and for that purpose he may make all necessary rules and regulations not inconsistent herewith. Any deputy of said Commissioner shall have the same authority and power in |