The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05

label placed thereon stating the
name or brand of seed sampled, the
name of the person from whose stock
the sample was drawn, and the date
and place of drawing. Such label
shall be signed by the director or his
deputy, provided that, upon request
of the person from whose stock the
sample is taken, such sample shall be
taken in duplicate and carefully seal
ed in the presence of the person in
interest or his representative, and one
of such samples shall be retained by
the director and one by the person
whose stock Is sampled. The sample
retained by the director shall be for
comparison with the certified state
rent named in section 2 of this act.
Sec. 6. For the purposes of this act
agricultural seed shall be deemed to
be adulterated if its purity falls be-
low its accompanying guaranty, or
If 1t contains more than one seed to
the ounce of ergot, corn cookie, cow
bane, poison hemlock, poison ivy or
poison sumach unless the name and
maximum number of such seed to the
ounce is placed on the label, and such
seed shall be deemed to be misbrand-
ed If the package or label bears any
statement design or device which
shall be false or misleading in any
particular, or If it fails to carry the
guaranty required by section of this
act. A person who aduIterates or
misbrands agricultural seed within
the meaning of this act, or who sells,
offers or exposes for sale agricultural
seed In violation of any of the pro-
visions of this act, or who binders,
impedes or obstructs the director or
his deputy in the discharge of his
duty under this act, shall be fined not
more than fifty dollars for the first
offense, nor more than one hundred
dollars for each subsequent offense;
provided that no penalty or liability
shall he applicable TO a seller Of
seeds in relation to the quality there
OF. II the same Is found to be substan-
TALLY equivalent to the guaranty
made by him as required by section .
of this act; and provided that no pen
lty or liability shall be applicable
TO any seller of seeds under the pro-
visions of this act when he can es-
tabish proof of purchase and of guar
anty signed by the person residing in
the United States from whom the pur-
chase was made to the effect that the
article in question is not adulterated
or misbranded within the meaning of
this act. Whenever said director
shall become cognizant of the viola
ton of any of the provisions of this
act, he shall cause notice Of such fact
together with a copy OF the findings,
to be given to the party or parties
concerned, including those from whom
the sample was obtained. The parties
so notified shall be given an opportun.
ity 10 be heard under such rules and
regulations as may be prescribed by
said director. Notices shall specifv
the date. hour and the place of hear
ing, and the parties interested therein
may appear in person or by attorney.
Following such hearing the director
shall forthwith notify the states AT.
torney OF the county in which such
violation occurs of the result of such
hearing, and said states attorney
shall prosecute the parties in inter.
est If in his judgment the circum.
stances of the case warrant such ac-
tion.
Sec. Z. Said director shall annually
cause to be tested samples of agri-
cultural seed collected as provided in
this act. The results of such tests
including the names and addresses of
persons from whom the samples of
seed were obtained as well as the
names and addresses of the wholesale
dealers therein. together with such
additional information in relation to
the character, value and use of agri-
cultural seed as circumstances NAV
advise shall be published in reports
bulletins. special circulars or else.
where as often as is deemed advis-
able.
Sec. s. The auditor of accounts
snail quarterly draw an order in be-
half of the treasurer of the Vermont
agricultural experiment station in
payment of expenses incurred at such
station in compliance with the provi.
slons OF this act, but the sum of such
orders shall not exceed the sum of
five hundred dollars annually. The
director of such station shall annually
publish statement OF receiuts and
expenditures under the provisions Of
this act, including therein state.
ment of all fees received under sec.
ton thereof.
Sec. 9. he words dealer and
seller" as used in this act shall be
construed TO import either the Mural
or singular as the case demands and
shall include corporations. companies
societies and associations. Whenever
constituting and enforcing the provl.
sions of this act the act. omission or
failure of an officer. agent or other
person acting for or employed By anv
corporation. company. society or asso.
citation within the scope of his EN-.
ployment or office shall in every case
be also deemed TO be the act. omission
or failure of such corporation. com.
pany. society or association. as we'll
rs that of the person.
Sec. 10. All acts and parts of acts
inconsistent with this act are hereby
repealed.
Sec II. This act shall take effect
July /. 1913.
Approved February Is, 1918.