SEED INSPECTION 



By F. A. McLaughlini 



During the period from October 1, 1929, to October 1, 1930, the Seed Labor- 

 atory analyzed for purity or tested for germination, or both, 854 samples of 

 seed, of which 349 were collected by inspectors for the Commissioner of Agri- 

 culture and are termed official seed samples; 390 were received from growers, 

 dealers and farmers; and 115 were sent to the laboratory by the Commissioner 

 of Agriculture of Rhode Island. 



In addition to the routine analytical work, the Seed Laboratory has continued 

 to cooperate with the Departments of Agronomy and Vegetable Gardening in 

 the conduct of field tests for trueness to type and variety of Red Clover, Sweet 

 Clover, Alfalfa, and Onions. Results of these tests conducted by Professor 

 Miles B. Cubbon of A,gronomy and Professor Grant B. Snyder of Vegetable 

 Gardening are contained in this report. 



"Vendor" and "Container" defined by Attorney General 



Public Document No. 12, Report of the Attorney General for the Year 

 Ending November 30, 1929, contains on pages 94 and 95 the following state- 

 ment in reply to a request by Dr. Arthur W. Gilbert, Commissioner of Agri- 

 culture, for opinions relative to the meaning of the words "Vendor" and 

 "Container" as used in the Massachusetts Seed Law. 



"G. L., c. 94 § § 261A, 261B, 261C and 261E, require that the name and 

 address of the vendor be shown on containers of agricultural seeds or mixtures 

 of agricultural seeds. The question arises as to who the vendor of the agricul- 

 tural seeds is when there has been a sale of such seeds in the Commonwealth. 

 Many of the seeds that are sold have the name and address of the wholesaler 

 on the package, and a large amount of seeds that are sold have the name and 

 address of the wholesaler on the tag fastened to the large container from which 

 the seeds are sold in smaller packages. 



It is the contention of many of these who have been requested to appear 

 with reference to reported violations of our seed law that the name and address 

 of the wholesaler satisfies the law as to the requirement for the name and address 

 of the vendor of such seeds or mixtures. Your opinion is therefore requested 

 as to who is the vendor in the sale of agricultural seeds or mixtures thereof in 

 the State of Massachusetts. 



Sections 261A, 261B and 261C indicate that agricultural seeds or mixtures 

 of agricultural seeds shall have affixed thereto in a conspicuous place on the 

 exterior of the container of such seeds or mixtures a plainly written or printed 

 tag or label with a statement in the English language of certain required in- 

 formation. The question has arisen as to the interpretation of the word 

 "container" .... 



This Department is interested in the interpretation of the word "con- 

 tainer" .... The question of importance, therefore, is whether or not the 

 word "container" refers to the package that is handed over the counter to 

 the vendee in a sale of agricultural seeds or mixtures thereof." 



G. L., c. 94, as amended by St. 1927, c. 274, § 2, provides: — 



iThe following have assisted in the inspection: Oliver W. Kelly (resigned July 1, 1930) and 

 Elizabeth F. Hopkins (for the month of July), Seed Analysts: Margaret E. Nagle, Laboratory 

 Assistant, 



