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severally, make such rules and regulations as will prevent the importation of such seeds into the United States: Provided, however, That such seed may be delivered to the owner or consignee thereof under bond, to be recleaned in accordance with and subject to such regulations as the Secretary of the Treasury may prescribe, and when cleaned to the standard of purity specified in this Act for admission into the United States such seed may be released to the owner or consignee thereof after the screenings and other refuse removed from such seed shall have been disposed of in a manner prescribed by the Secretary of Agriculture: Provided further, That this Act shall not apply to the importation of barley, buckwheat, field corn, Kafir corn, sorghum, flax, oats, rye, or wheat not intended for seeding purposes, when shipped in bond through the United States or imported for the purpose of manufacture, but such shipment shall be subject to provisions of the Act of August fifth, nineteen hundred and nine.
Sec. 2. That seed shall be considered adulterated within the meaning of this Act:
First. When seed of red clover contains more than three per centum by weight of seed of yellow trefoil, or any other seed of similar appearance to and of lower market value than seed of red clover.
Second. When seed of alfalfa contains more than three per centum by weight of seed of yellow trefoil, burr clover and sweet clover, singly or combined.
Third. When any kind or variety of the seeds, or any mixture described in section one of this Act, contains more than five per centum by weight of seed of another kind or variety of lower market value and of similar appearance: Provided, That the mixture of the seed of white and alsike clover, red and alsike clover, or alsike clover and timothy, shall not be deemed an adulteration under this section.
Sec. 3. That seed shall be considered unfit for seeding purposes within the meaning of this Act:
First. When any kind or variety of clover or alfalfa seed contains more than one seed of dodder to five grams of clover or alfalfa seed, respectively.
Second. When any kind or variety of the seeds or any mixture described in section one of this Act contains more than three per centum by weight of seeds of weeds.
Sec. 4. That any person or persons who shall knowingly violate the provisions of this Act, shall be deemed guilty of a misdemeanor and shall pay a fine of not exceeding five hundred dollars and not less than two hundred dollars: Provided, That any person or persons who shall knowingly sell for seeding purposes seeds or grain which were imported under the provisions of this Act for the purpose of manufacture shall be deemed guilty of a violation of this Act.
Approved, August 24, 1912.
RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE SEED-IMPORTATION ACT.
Regulation 1.-Short Title of the Act.
The Act "To regulate foreign commerce by prohibiting the admission into the United States of certain adulterated grain
and seeds unfit for seeding purposes," approved August 24, 1912, shall be known and referred to as "The Seed-importation Act of August 24, 1912."
(a) Clover.-The term "clover" shall include:
(b) Dodder. The term "dodder" shall include all species of Cuscuta.
(c) Millet.-The term "millet" shall include: Chaetochloa italica (Setaria italica)......
.Hungarian or German millet. .broom-corn millet.
(d) Rape.-The term "rape" shall include the forms of Brassica napus, winter rape, commonly grown as forage, but shall not include the forms of Brassica napus, summer rape or bird rape, commonly grown for its seed.
(e) Sorghum. · The term "sorghum" shall include the saccharine varieties of Holcus sorghum (Sorghum vulgare).
(f) Kafir corn.-The term "Kafir corn" shall include the nonsaccharine or grain varieties of Holcus sorghum (Sorghum vulgare), exclusive of broom corn.
(g) Weeds.-The following plants shall be considered weeds: Abutilon theophrasti (A. avicennae).
.quack grass. ...corn cockle.
.garlic, wild onion. .chickweed.
Bursa bursa-pastoris (Capsella bursa-pastoris) shepherd's purse.
Echinochloa crus-galli (Panicum crus-galli). barnyard grass.
Lappula echinata (Echinospermum lappula).. stickseed.
Lappula texana (Echinospermum redowskii)..stickseed.
Medicago hispida denticulata (M. denticulata) toothed bur clover.
Vaccaria pyramidata (Saponaria vaccaria).. cow cockle.
Regulation 3.-Examination of Seeds.-Delivery in Bond. Seeds offered for importation into the United States from any foreign country, of which samples are taken for examination by the Secretary of Agriculture, shall be admitted only after the samples have been examined and pronounced to be neither adulterated nor unfit for seeding purposes within the meaning of the Seed Importation Act, August 24, 1912: Provided, however, That such seeds may be delivered to the consignee pending examination and decision of the Secretary of Agriculture, on the execution of a bond for the return of the seeds to customs custody.
If it appears from the examination of samples by the Secretary of Agriculture that any seeds offered for import are adulterated or are unfit for seeding purposes within the meaning of the Seed Importation Act, August 24, 1912, such seeds shall be admitted into the United States after having been cleaned under bond, when samples of the cleaned seeds have been examined by the Secretary of Agriculture and pronounced to be free from adulteration and not unfit for seeding purposes within the meaning of the Seed Importation Act, August 24, 1912: Provided, That all screenings and other refuse removed in the process of cleaning shall be exported or ground or otherwise
treated so as to render the seeds contained therein incapable of germination before the bond conditioned upon the cleaning is cancelled.
Regulation 5.-Appeal to the Secretary of Agriculture and
All applications for relief from decisions arising under these regulations should be addressed to the Secretary of Agriculture, and all vouchers or accounts for remuneration for samples shall be filed with the chief of the Seed Laboratory, who shall forward the same, with his recommendation, to the Secretary of Agriculture for action.
Regulation 6.-Date Regulations Take Effect.
These regulations shall take effect from and after February 24, 1913.
Approved: JAMES WILSON, Secretary of Agriculture.
(See also T. D. 33294.)