the Secretary an emergency shall exist, the Secretary shall request the advice of the advisory board in advance of the promulgation of any rules and regulations affecting the district." Approved, July 14, 1939. [CHAPTER 615-1ST SESSION] [H. R. 5625] AN ACT 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 America in Congress assembled, That this Act may be cited as the "Federal Seed 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. (6) (a) The term "district court of the United States" means any court exercising the powers of a district court of the United States. (b) The term "circuit court of appeals", in case the principal place of business or the place of residence of a person against whom a cease and desist order is issued is in the District of Columbia, includes the Court of Appeals of the District of Columbia. (7) The term— (A) "Agricultural seeds" shall include grass, forage, and field crop seeds, as follows: Agropyron cristatum (L.) Beauv.-Crested wheatgrass. Agropyron pauciflorum (Schwein.) Hitchc.-Slender wheat grass. Agropyron smithii Rydb.-Bluestem. Agrostis alba L.-Redtop. Agrostis canina L.-Velvet bent. Agrostis palustris Huds.-Creeping bent. Agrostis spp.-Bentgrasses. Avena spp.-Oat. Beta vulgaris L.-Field beet, excluding sugar beet. Brassica napus L.-Winter rape. 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 spp.-Fescue. Gossypium spp.-Cotton. Hordeum spp.-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 hispida Gaertn.-Bur-clover. Medicago lupulina L.-Black medick. 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. Fennisetum purpureum Schumach.-Napier grass. Phleum pratense L.-Timothy. Phalaris arundinacea L.-Reed canary grass. Pisum sativum arvense L. (Poir.)-Field pea, Austrian winter pea. Poa annua L.-Annual bluegrass. Poa compressa L.-Canada bluegrass. Pao nemoralis L.-Wood bluegrass. Poa pratensis L.-Kentucky 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. Trifolium hybridum L.-Alsike clover. Vicia angustifolia (L.) Reich.-Narrowleaf vetch. Vicia dasycarpa Ten.-Wollypod vetch. Vicia pannonica Crantz.-Hungarian vetch. Vicia villosa Roth.-Hairy vetch. Vigna sinensis (Torner) Šavi.-Cowpea. Provided, That the Secretary of Agriculture is authorized by (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 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 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 or rules and regulations of the State into which the seed is offered for transportation, or transported; (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 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; Sorghum halepense (L.) Pers., Johnson grass; Convolvulus arvensis L., bindweed; 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 "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. (17) 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. (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, accom |