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of the laws of nineteen hundred and ten, is hereby amended to read as follows:1

$ 119. Bonds of other officers. The clerk, principal-keeper, store-keeper, deputy superintendent of industries and any other employee at the discretion of the superintendent of state prisons, of each of said prisons, before he shall be qualified to enter upon the discharge of the duties of his office shall each execute and file in the office of the comptroller of the state, a bond to the people of this state, with sufficient sureties to be approved by the superintendent of state prisons, in the penal sum of five thousand dollars, conditioned for the faithful performance of his duties according to law. If any such clerk, principal-keeper, store-keeper, deputy superintendent of industries or other employee shall have entered upon the discharge of the duties of his office, prior to the passage of this act, without having executed and filed a bond as above provided, such bond shall be so executed and filed within thirty days after this act takes effect.

§ 2. This act shall take effect immediately.

CHAPTER 171

AN ACT to amend the farms and markets law, in relation to the inspection

and sale of seeds.

Became a law March 18, 1925, with the approval of the Governor. Passea

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Article nine of chapter forty-eight of the laws of nineteen hundred and twenty-two, entitled “An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," is hereby amended to read as follows:

L. 1922, ch. 48, art. 9 amended.

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ARTICLE 9.

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INSPECTION AND SALE OF SEEDS.
Section 136. Definitions.la

137. Label requirements of agricultural seeds.
138. Label requirements of mixtures.
139. Label requirements of special mixtures.
140. Label requirements of vegetable seeds.
141.3 Exemptions.
142. Samples; publication of results of tests.
142-a.5 Provision for seed tests.

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§ 136. Definitions. Within the meaning of this article "agricultural seeds” are defined as the seeds of Canada? bluegrass, Kentucky bluegrass, orchard grass, redtop, timothy, brome grass, fescues, millets, tall meadow oat grass, Italian rye grass, kaffir corn, perennial rye grass, sorghum, sudan grass and other grasses and forage plants, alfalfa, alsike clover, crimson clover, red clover, white clover, sweet clover, vetches, Canada field peas, cow peas, field beans, soy beans, rape, flax, buckwheat, barley, field corn, oats, rye, wheat and other cereals which are sold, offered or exposed for sale, within this state, for seeding purposes within this state. 1i The term “vegetable seeds'' shall include the seeds of those crops that are usually grown in New York in gardens or on truck farms and generally known and sold under the name of “vegetable seeds,” which are sold, offered or exposed for sale, within this state, for seeding purposes within this state.

$ 137. Label requirements of agricultural seeds. Every lot of agricultural seeds, as defined in section one hundred and thirtysix of this article except as herein otherwise provided, when in bulk, packages or other containers of ten pounds or more, shall have affixed thereto, in a conspicuous place, on the exterior of the container of such agricultural seeds, a plainly written or printed statement, tag or label, in the English language, stating:

1. The commonly accepted name of such agricultural seeds.

2. The approximate percentage by weight of purity; meaning, the freedom of such agricultural seeds from inert matter and from other seeds distinguished by their appearance.

3. The approximate total percentage by weight of weed seeds; the term “weed seeds,” as used herein, being defined as the noxious weed seeds listed in the next subdivision and all seeds not listed herein as agricultural seeds.

The name and approximate number per pound13 of each kind of the seeds of noxious weeds as herein defined which are present, singly or collectively: (1) in excess of one seed in each five grams of timothy, redtop, tall meadow oat grass, orchard grass, crested dogstail, Canada bluegrass, Kentucky bluegrass, fescues, brome grass, perennial and Italian rye grass, western 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 subdivisions one or three of this section; (3) one in one hundred grams of wheat, oats, rye, barley, buckwheat,15 vetches, and other seeds as large as or larger than wheat.16 For the

6 Section heading formerly read: ' Inspection and sale of seeds."
7 Word “ Canada" substituted for word Canadian."
8 Words and forage plants
9 Words“ Canada field peas, cow peas, field beans, soy beans," new.
10 Word “ field” new.
11 Remainder of section new.
12 Word “herein " substituted for words "in the next section."
13 Words " and approximate number per pound," new.
11 Formerly read" grasses."
15 Words wheat, oats, rye, barley, buckwheat,” new.
16 Words“ and other seeds as large as or larger than wheat,” new.

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purpose of this act the following seeds shall be considered as seeds of noxious weeds: the seeds of quack grass (Agropyron repens), wild mustard (Brassica arvensis) and other wild Brassica species, Canada thistle (Cirsium arvense), 1'dodder (Cuscuta spp.), crabgrasses (Digitaria spp.) and docks (Rumex spp.) 18 are hereby defined as noxious weeds.

5. The approximate percentage of germination of such agricultural seed together with the month and year said seed was tested, provided, that this statement shall not be a basis for prosecution under this article, and provided further that if the director of the New York states agricultural experiment station shall test these samples, or cause them to be tested, and shall publish the results of such germination tests as herein provided, such results shall be published together with the month and year such tests were made by the director or his experts together with the date of test shown on the label.

6. The full name and address of the vendor of such agricultural seeds.

§ 138. Label requirements of mixtures. Mixtures of agricultural seeds which contain not more than two kinds of such seeds in excess of five per centum by weight of each20 when sold, offered or exposed for sale as mixtures and in lots of ten pounds or more shall have affixed thereto, in a conspicuous place on the exterior of the container of such mixture of seeds, a plainly written or printed statement, tag or label, in the English language, stating:

1. That such seed is a mixture.

2. The name and approximate percentage by weight of each kind of agricultural seed present in such mixture in excess of five per centum by weight of the total mixture.

3. The approximate percentage by weight of weed seeds as defined in subdivision three of the last preceding section.

4. The name and approximate number per pound of each kind of the seeds of the noxious weeds listed in subdivision four of the last preceding section which are present singly or collectively in excess of one seed in fifteen grams of such mixture.

5. The approximate percentage of germination of each kind of agricultural seed present in such mixture in excess of five per centum by weight, together with the month and year said seed was tested; provided, however, that this statement shall not be a basis for prosecution under this article, and provided further that if the director of the New York state agricultural experiment station shall test these samples, or cause them to be tested and shall publish the results of such germination tests as herein provided,

17 Word “and” omitted. 18 Word "crabgr ses (Digitaria spp.) and docks (Rumex spp.),” new. 19 Word “ state 20 Words "

agricultural seeds which contain not more than two kinds of such seeds in excess of five per centum by weight of each,” substituted for words “ alsike clover and timothy, alsike and white clover, redtop and timothy, alsike and red clover.”

21 Words “and approximate number per pound,” new. 22 Word “ state"

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such results shall be published together with the month and year such tests were made by the director or his experts together with the date shown on the label.

6. Full name and address of the vendor of such mixture.

§ 139. Label requirements of special mixtures. Special mixtures of agricultural seeds except as specified in section one hundred and thirty-eight of this article, when sold, offered or exposed for sale as mixtures, in bulk, packages or other containers23 shall have affixed thereto in a conspicuous place on the exterior of the container of such mixture, a plainly written statement or printed tag or label in the English language, stating:

1. That such seed is a mixture.

2. The name of each kind of agricultural seed which is present in the proportion of five per centum or more by weight24 of the total mixture, 25but if any kind of agricultural seed named is present in less than five per centum by weight of the total mixture, the percentage of such seed must be given.

3. The approximate total percentage by weight of weed seeds as defined in this article.

4. The approximate percentage by weight of inert matter.

5. The name and approximate number per pound2of each kind of the seeds of noxious weeds listed in this article, which are present singly or collectively in excess of one seed in each fifteen grams of such mixture.

6. The full name and address of the vendor of such mixture.

§ 140.27 Label requirements of vegetable seeds. Each separate container of vegetable seeds sold, offered or exposed for sale within this state for seeding purposes shall be clearly and plainly labeled in the English language as follows:

1. The kind of seed, and the variety.

2. The year for which packeted or put up, using type not smaller than ten point.

3. The name and address of the person or firm who put up or packeted the seeds and labeled the same.

§ 141.28 Exemptions. Agricultural seeds or mixtures of same shall be exempt from the provisions of this article:

1. When exposed for sale or sold for food or feeding purposes only.

2. When sold to be recleaned before being sold or exposed for sale for seeding2 purposes.

3. When held for the purpose of recleaning.

4. When such seeds consist of buckwheat, barley, corn, oats, rye, wheat or other cereal sold by the grower thereof on his own premises and delivered to the vendee or his agent or representative personally on such premises.

23 Words “ of eight ounces or more " omitted,
24 Words" by weight
25 Remainder of sentence new.
26 Words “and approximate number per pound,” new.
27 Section 140 new.
28 Formerly 8 140.
29 Word "seeding” substituted for word “ feeding."

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§ 142.50 Samples; publication of results of tests.

The commissioner or his duly authorized representatives shall take samples of seeds in duplicate in the presence of at least one witness and in the presence of such witness shall seal such samples and shall at the time of taking tender, and if accepted, deliver to the person apparently in charge one of such samples; the other sample the commissioner shall cause to be analyzed, examined or tested. The director of the New York state1 agricultural experiment station shall analyze, examine or test, or cause to be analyzed, examined or tested such samples of seeds taken under the provisions of this article as shall be submitted to him for that purpose by the commissioner, and shall report the results of such analysis, examination or test to the commissioner, and for this purpose the New York state31 agricultural experiment station may establish and maintain a seed laboratory, with the necessary equipment, and may employ experts and incur such expense as may be necessary to comply with the requirements of this article. In case a sample drawn as provided herein upon test or analysis is found to fall below the statements on the label attached to the lot from which said sample was secured, or to violate any of the provisions of this chapter, the vendor or consignee of said lot of seed shall be notified and a copy of the said notice shall be mailed to the person, firm or corporation whose label was found affixed thereto; but failure or neglect to send such notice as herein provided shall not be held or construed to be a bar to an action for a violation of the provisions of this chapter. The results of the analysis, examination or test of any sample or samples so procured, together with such additional information as circumstances advise, shall be published from time to time in reports or bulletins. The said commissioner upon notice to the seed trade of this state, through the agricultural bulletins of the department or otherwise, shall be empowered to adopt such reasonable rules and regulations as may be deemed necessary to secure the efficient enforcement of this article.

§ 142-a.33 Provisions for seed tests. Any citizen of this state shall have the privilege of submitting to the New York statel agricultural experiment station samples of agricultural seeds for test and analysis, subject to such rules and regulations as may be adopted by the director 34of said station, and approved by Cornell University.

§ 2. This act shall take effect September first, nineteen hundred and twenty-five. 30 Formerly § 141. 31 Word “state” new. 32 Following sentence now. 33 Formerly § 142.

34 Remainder of sentence formerly read: “and board of control of said station."

In effect Sept. 1, 1925.

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