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AN ACT to regulate the sale of agricultural seeds, and lubricating oils to

provide for their inspection, to fix certain standards of purity and viability, to provide a penalty for any violation of this Act, to empower the State Food, Drug, Dairy and Oil Commissioner to enforce this Act and to repeal Chapter 191, Session Laws 1915, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Food commissioner-enforce seed act.-It is hereby made the duty of the State Food, Drug, Dairy and Oil Commissioner or his deputy, to enforce the provisions of this Act. The inspectors and assistants appointed by the State Food, Drug, Dairy and Oil Commissioner shall perform the same duties and have the same authority under this Act as are prescribed by Article one, Chapter 24, of the Revised Statutes of Nebraska for 1913, and the Deputy State Food, Drug, Dairy and Oil Commissioner may appoint, with approval of the Governor such seed analyst.

Sec. 2. Seed packages_labels—requirements.—Every parcel, package, or lot of agricultural seeds as defined in Section 5 of this Act, containing ten pounds or more, offered or exposed for sale in the State of Nebraska, for use within this state, shall have affixed thereto in a conspicuous place on the outside thereof, distinctly printed in the English language, in legible type not smaller than eight point heavy gothic caps, or plainly written, a statement certifying:

1st. Name of seed;

2nd. Full name and address of the seedsman, importer, dealer or agent;

3rd. Whether seed is "Standard," or "Below Standard,” as defined in Section 12 of this Act. If the seed is “Below Standard,” the label must also indicate the percent of purity, germination, foreign seeds and inert matter.

4th. Locality where seed was grown, when known.

Sec. 3. Seed analysis.—The State Food, Drug, Dairy and Oil Commissioner, or his deputy, shall as far possible, cause to be made analyses of all agricultural seeds sold or offered for sale in this state. Said State Food, Drug, Dairy and Oil Commissioner, is hereby authorized, in person or by deputy, upon offering to the person entitled thereto the full value thereof, to take for analysis a sample not exceeding four ounces in weight from any lot or package of agricultural seeds. Said sample shall be drawn or taken in the presence of the party or parties in interest, or their representative, and shall be taken from a parcel, lot, or number of parcels which shall not be less than five per cent of the whole lot inspected, and shall be thoroughly mixed and divided into two samples and placed in carefully sealed container and a label placed on each stating the name and brand of the agricultural seeds sampled, the name of the party from whose stock the sample is drawn and the date and place of taking such sample, and said label shall be signed by the said State Food, Drug, • Dairy and Oil Commissioner or his authorized agent or inspector; or such sample may be taken in the presence of two disinterested witnesses. One of such duplicate samples shall be left on the premises of the party whose stock was sampled and the other retained by the State Food, Drug, Dairy and Oil Commissioner or his deputy, for analysis and comparison with the certified statements required by law.

Sec. 4. Same.--Any resident of this state may submit fair samples of seeds to the State Food, Drug, Dairy and Oil Commissioner, who shall, without charge cause an analysis of the same to be made.

Sec. 5. Seed defined. The term "agricultural seeds, used in this Act shall include the seeds of red clover, white clover, alsike clover, sweet clover, alfalfa, Kentucky blue grass, timothy, brome grass, orchard grass, red top, meadow fescue, oat grass, rye grass and other grasses and forage plants, rape and cereals,

Ch. 158)

Weed Seed


Sec. 6. Weed seed.—No person shall sell, offer or expose for sale or distribution in this state, for the purpose of seeding any of the agricultural seeds as defined in the next preceding section, provided said seeds contain more than one in ten thousand of the seeds of the following weeds: Small flowered morning glory (Convolyvulus arvensis), wild mustard or charlock (Brassica arvensis), quack grass (Agropyron repens). Canada thistle (Carduus arvensis), wild oats, (Avena fatua), corn cockle (Agrostemma githago), and all species of doder (Cuscuta spp.). Also provided said agricultural seeds contain any of the above named weed seeds, the presence of such seeds must be indicated on the label specified in Sec. 2 of this Act.

Sec. 7. Same-label statements. When seed that is claimed to be a single kind of agricultural seed, contains by weight two per cent or more of the seeds of a single species of weed, the name and per cent of each kind of foreign seed present to this extent must be plainly indicated on the statement affixed to the container of the seed.

Sec. 8. Impurities defined.-In agricultural seeds “impurities" within the meaning of this Act, shall consist of the following classes :

First, “Foreign seeds” i. e. seeds of any agricultural seed other than the sample is claimed to be, or seeds of any weed.

Second, “Inert matter," i. e. broken pieces of all seeds whatsoever which are half or less than half of the original seed; bits of chaff, stones, stems or any other non-germinable material.

When such impurities, or any of them, are present in agricultural seeds, sold, offered or exposed for sale in this state for the purpose of seeding in quantity exceeding the standard of purity and viability authorized in section 12, of this Act, the name and approximate per cent of each shall be plainly indicated in the statement specified in section 2, of this Act.

Sec. 9. Mixed or adulterated seed. For the purpose of this Act, seeds shall be deemed to be mixed or adulterated when any seed of less commercial value is mixed to the extent of five per cent or more by weight with any agricultural seed of greater commercial value.

Sec. 10. Misbranded. For the purpose of this act seed shall

be deemed to be misbranded when the seeds are not true to the name under which they are sold.

Sec. 11. Seed to which act not applicable.—The provisions concerning agricultural seeds contained in this act shall not apply to:

First, any person or persons growing or selling seeds for food purposes only, or having such seeds in possession for sale for such purposes.

Second, the sale of seed that is grown, sold and delivered by any farmer on his own premises for seeding by the purchaser himself, nor the sale of ed by such farmer to merchants to be cleaned and graded before being offered for sale for the purpose of seeding, unless the purchaser of said seeds obtains from the seller at the time of sale thereof a certificate that the said seed is supplied to the purchaser subject to the provisions of this article. This shall not, however exempt the seller from the restrictions of sections 6 and 7 of this Act.

Sec. 12. Standard of purity.—The following standards of purity (meaning freedom from "foreign seeds" and "inert matter" as defined in section 8.) and viability (germination) are hereby fixed. Credit shall be given in a germination test for onethird the hard seeds.

Percent of

Percent of Germinable Name of Seed


Seeds Alfalfa (Medicago sativa)


80 Barley (Hordeum)


90 Blue Grass, Canadian (Poa compressa)..... 80

45 Blue Grass, Kentucky (Poa pratensis) 80

45 Brome grass awnless (Bromus inermis) 80

75 Clover, alsike (Trifolium hybridum).


75 Clover red (Trifolium pratense).


80 Clover white (Trifolium repens)


75 Corn, kaffir (Andropogon sorghum).


75 Corn, other than sweet (Zea mays)


89 Corn, sweet (Zea mays sacharata)


70 Fescue, meadow (Festuca pratensis)


80 Flax (Linum usitatissimum)


84 Feterita (Andropogon sorghum).


75 Milo (Andropogon sorghum).



Ch. 158)

Standard of Purity




Millet, common (Chaetochloa italica)


80 Millet, hog (Panicum miliaceum).


80 Oats (Avena sativa).


85 Oat grass, tall (Arrhenatherum elatius).... 72 Orchard grass (Dactylis glomerata)


65 Rape (Brassica napus)


85 Red top (Agrostis alba)


70 Rye (Secale cereale)


85 Rye grass, perennial (Lolium perenne) 85

75 Rye grass, Italian (Lolium italicum).. 85

75 Sorghum or Cane (Andropogon sorghum).. 96

75 Cane for fodder


55 Sudan grass (Andropogon sorghum)


80 Sweet clover, white biennial (Melilotus alba)

95 Sweet clover yellow biennial (Melilotus Officinalis)


75 Timothy (Phleum pratense)


80 Vetch, sand (Vicia villosa)


85 Wheat (Triticum)


85 Sec. 13. Penalties. Whoever sells, offers or exposes for sale any of the seed specified in section 5, of this Act, which are mixed, adulterated or misbranded, or any agricultural seeds which do not comply with Sections 6, 7 and 8 of this Act, or who shall prevent or attempt to prevent any inspector in the discharge of his duty from collecting samples; or who shall violate any of the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars and costs of prosecution.

Sec. 14. Repeal.-Chapter 191, Session Laws 1915, be and the same is hereby repealed.

Sec. 15. Emergency.—Whereas, an emergency exists, this Act shall take effect and be in force from and after its passage and approval according to law.

Approved, April 26, 1917.

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