PUBLIC LAWS-CH. 615-AUG. 9 , 1939 SEED UNFIT FOR SEEDING PURPOSES Seed unfit for seed- ing purposes. SEC. 304. Seed subject to the provisions of section 301 is unfit for seeding purposes- (a) If any such seed contains noxious-weed seed at a rate in excess of- (1) one noxious-weed seed in each ten grams of the seed of timothy, orchard grass, bromegrass, crested wheatgrass, slender wheatgrass, ryegrass, sweetclover, alfalfa, millet, rape, flax, clovers, and species of Agrostis, Festuca, or Poa, or any kind of seed of a size and weight similar to or less than those named; (2) one noxious-weed seed in each twenty-five grams of the seed of sorghum, Sudan grass, and buckwheat, or any kind of seed of a size and weight greater than the seeds referred to in (a) (1), but less than seeds referred to in (a) (3) of this section; (3) one noxious-weed seed in each one hundred grams of the seed of wheat, oats, rye, barley, vetches, and corn, or any seed of a size and weight similar to or greater than such seed. (b) If any such seed contains more than 2 per centum by weight of weed seeds; or (c) If any such seed contains less than 75 per centum of pure, live seed, or if any component of such seed present to the extent of 10 per centum or more contains less than 75 per centum of live seed: Seed standards. Provided,That when the Secretary of Agriculture shall find that any such seed or any kind of seed present to the extent of 10 per centum or more cannot be produced to contain 75 per centum of pure, live seed, he may set up such standard from time to time for pure, live seed as he finds can be produced. CERTAIN SEEDS REQUIRED TO BE STAINED Certain seeds re- quired to be stained. SEC. 305. (a) Any seed containing 10 per centum or more of the seeds of alfalfa and/or red clover, subject to the provisions of section 301, shall be stained in such manner and to such extent as the Secre- tary of Agriculture by regulation may prescribe and, when prac- ticable, the color produced by such stain shall indicate the country or region of origin. (b) Whenever the Secretary of Agriculture, after public hearing, determines that seed of alfalfa or red clover from any foreign coun- try or region is not adapted for general agricultural use in the United States, he shall publish such determination. On and after the expi- ration of ninety days after the date of such publication, and until such determination is revoked, 10 per centum or more of the seeds in each container of such alfalfa or red clover seed, or any seed con- taining 10 per centum or more of such alfalfa or red clover seed, shall be stained a red color, in accordance with such regulations as the Secretary of Agriculture may prescribe. (c) Whenever the origin of the seed of alfalfa or of red clover present in excess of 10 per centum in any seed subject to section 301 of this Act is unestablished, 10 per centum of the seed in each con- tainer shall be stained a red color. (d) Whenever the seeds of alfalfa or of red clover of different origins are present in excess of 10 per centum in any seed subject to section 301 of this Act, and different colors are required by reason of such different origins, 10 per centum of the seed in each container shall be stained red. (e) Whenever any seed required to be stained under the provisions of this Act is commingled with seed of the same kind grown in the United States, the seed in each container thereof shall be stained 10 per centum red. [53 STAT. 1284
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