STATE BOARD OF AGRICULTURE
AN ACT to repeal Chapter 51 of Volume 28, Laws of Delaware entitled "An Act to Regulate the sale of Seed in the State of Delaware, and to provide for the inspection thereof by the State Board of Agriculture", and to regulate the sale of seed in the State of Delaware, to provide for the inspection thereof by the State Board of Agriculture, and to authorize the said State Board of Agriculture to seize and hold any lot of agricultural seed found to violate any of the provisions of this Act until the law has been complied with or said violation otherwise regularly disposed of.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. For the purpose of this Act, agricultural seeds are defined as the seeds of alfalfa, alsike clover, crimson clover, mammoth clover, red clover, sweet clover, white clover, Canada blue grass, Kentucky blue grass, crested dog's tail, brome grass, fescues, Italian rye grass, perennial rye grass, orchard grass, redtop, timothy, sorghum, Sudan grass, millets, flax, buckwheat, rape, spring vetch, winter vetch, field corn, Kaffir corn, canning house peas, cowpeas, soy beans, barley, oats, rye, wheat, and other cereals which are sold, stored, offered or exposed for sale or distribution or had in possession with intent to sell within this State, or shipped from one point within this State to another point within this State for seeding purposes.
Section 2. Every lot of agricultural seed as defined in Section 1 of this Act, which is offered or exposed for sale within this State for seeding purposes, in lots of ten (10) pounds or more, shall be accompanied by a plainly written or printed statement in the English language, stating:
1. Name of agricultural seed.
2. Name and address of the person selling or offering for sale such seed.
3. The approximate percentage of purity and freedom of such seed from foreign matter, or from other seeds distinguishable by their appearance.
4. The approximate percentage of germination of such agricultural seeds, together with month and year said seed was tested.
Section 3. The seeds of quack grass (Agropyron repens), Canada thistle (Circium arvense), dodders (Cuscuta species), wild mustard (Brassica arvensis), wild oats (Avena fatua), and orange hawkweed (Hieracium aurantiacum), are hereby defined as noxious weed seeds. No person shall sell, store, offer or expose for sale or distribution or have in possession with intent for sale within this State, or ship from one point within this State to another point within this State for seeding purposes, any agricultural seeds, defined in Section 1 of this Act, containing any of the seeds defined as noxious weed seeds without the name and the approximate number of each noxious weed seed per ounce contained in said agricultural seeds, appearing on the tag or label. (I) If said noxious weed- seeds are present in excess of one seed in each five grams of timothy, red top, orchard grass, Canada blue grass, Kentucky blue grass, fescues, brome grasses, perennial and Italian rye grass, crimson clover, red clover, white clover, alsike clover, sweet clover, alfalfa and all other grasses and clovers not otherwise classified ; (2) one in twenty-five grams of millets, rape, flax, and other seeds not specified in (I) or (3) of this section; (3) one in one hundred grams of wheat, oats, rye, barley, buckwheat, vetches and other seeds as large or larger than wheat.
Section 4. The percentage of purity, and the percentage of germination of agricultural seed required under Section 2 of this Act shall be based upon analysis and test conducted either by the State Board of Agriculture, or its inspectors or agents, or by the vendor of the agricultural seeds, or his agents. The methods of conducting the analysis and tests of agricultural seeds, adopted as official by the Association of Official Seed Analysts of North America, shall be the official methods under the provision of this Act.
Section 5. Whoever buys or sells agricultural seeds defined in Section 1 of this Act, for use in this State for seeding purposes, may submit fair samples of such seeds to the State Board of Agriculture for analysis and test of purity or germination, and the State Board of Agriculture shall cause such analysis and tests to be promptly made, and report thereon returned to the sender. For the analysis of purity, the said Board may charge a fee of twenty-five cents for the examination of each sample, and for a test of germination, a further fee of twenty-five cents, either or both of which fees shall be payable in advance. All moneys received from receipt of such fees shall be paid into the Treasury of the State.
Section 6. The enforcement of this Act is hereby placed in the State Board of Agriculture, and the said Board is hereby authorized to appoint such inspectors and agents as may be necessary to enforce this Act, and such inspectors or agents are authorized to take for analysis, paying the reasonable purchase price, a sample of sufficient size, for analysis, from any lot of agricultural seeds offered or exposed for sale; provided, that said sample shall be taken from a parcel, lot or number of parcels which shall be not less than ten per cent of the whole lot inspected.
Upon request of the person from whom the sample is taken the inspector or agent shall divide the sample after it is thoroughly mixed and leave one portion with the person from whom it is taken. Said duplicate portion shall be sealed, numbered and signed by the inspector or agent.
Section 7. The provisions of this Act shall not apply to:
First: Any person selling agricultural seeds direct to seed merchants to be cleaned or graded before being offered or exposed for sale for seeding purposes.
Second: Agricultural seed which is held in storage for the purpose of being cleaned.
Third: Mixtures of agricultural seeds prepared for special purposes when so labeled. This shall not, however, exempt the vendor of such mixtures from the provisions of Section 3 of this
Fourth: Agricultural seeds sold by a farmer who incidentally sells, directly to another farmer, for seeding purposes, only such seeds as may be produced by him, who does not sell any seeds not produced by him, and who does not ship seeds so sold by mail or by any common carrier.
Section 8. Whoever sells, offers or exposes for sale within this State any agricultural seeds defined in Section 1 of this Act without complying with the requirements of Sections 2 and 3 of this Act, or whoever falsely marks or labels any agricultural seeds under Section 2 of this Act, or whoever shall prevent the State Board of Agriculture, its inspectors or agents, from inspecting said seeds and collecting samples as provided in Section 6 of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Fifty Dollars for the first offense and not less than Ten nor more than One Hundred Dollars for each subsequent offense. Provided, however, that no prosecution for violation of this Act shall be instituted except in the manner following:
When the agent of the State Board of Agriculture believes, or has reason to believe, that any person has violated any of the provisions of this Act, he shall cause notice of such fact, together with full specifications of the act or omission constituting alleged violation, to be given to said person, who either in person or by agent or attorney, shall have the right under such reasonable rules and regulations as may be prescribed by the State Board of Agriculture, to appear before said State Board of Agriculture and introduce evidence, and said hearing shall be private. If, after said hearing; or without such hearing, in case said person fails or refuses to appear, said Board shall decide and decree that any or all of said specifications have been proven to their satisfaction, they may in their discretion so certify to the proper prosecuting attorney and request him to prosecute said person according to Law for violation of this Act, transmitting with said certificate a copy of the specifications and such other evidence as they shall deem necessary and proper. Whereupon said prosecuting attorney shall prosecute said person according to Law.
Section 9. The State Board of Agriculture may cause to be seized and held any lot of agricultural seeds or mixtures of same found to violate any of the provisions of this Act until the Law has been complied with or said violation otherwise legally disposed of.
Section 10. The results of the analysis and tests of seed made by the State Board of Agriculture of samples drawn by them or their inspectors may be published in their annual report, or in bulletins.
Section 11. The words "person", "Vendor", and "whoever" as used in this Act, shall be construed to import both the plural and singular, as the case demands, and shall include corporations, companies, societies, and associations.
Section 12. That Chapter 51, of Volume 28, Laws of Delaware, be and the same is hereby repealed.
Approved May 1, 1929.