SEED INSPECTION 3 



"Section 261 A. Every lot of agricultural seeds of ten pounds or more, 

 except as otherwise provided in sections two hundred and sixty-one B to two 

 hundred and sixty-one L, inclusive, shall have affixed thereto, in a conspicuous 

 place, on the exterior of the container of such agricultural seeds, a plainly 

 written or printed tag or label in the English language, stating: 



(f) Name and address of the vendor of such agricultural seed." 



Sections 261B, 261C and 261E, added to G. L., c. 94, by St. 1927, c. 274, § 2, 

 contain similar provisions with reference to the information to be written or 

 printed on the tag or label to be affixed to the container. 



Section 261L, added to said chapter 94 by the 1927 statute, provides: — 



"Whoever sells, offers or exposes for sale, any lot of agricultural seeds, without 

 complying with the requirements of sections two hundred and sixty-one A to 

 two hundred and sixty-one K, inclusive, or falsely marks or labels such agri- 

 cultural seeds or mixtures thereof or vegetable seeds, or impedes, obstructs or 

 hinders the commissioner of agriculture or any of his duly authorized agents 

 in the discharge of the authority or duties conferred or imposed by any pro- 

 vision of said sections, shall be punished by a fine of not more than five hundred 

 dollars." 



G. L., c. 4, § 6, provides: ■ — 



"In construing statutes the following rules shall be observed, unless their 

 observance would involve a construction inconsistent with the manifest intent 

 of the law-making body or repugnant to the context of the same statute: 



Third, Words and phrases shall be construed according to the common and 

 approved usage of the language; but technical words and phrases and such 

 others as may have acquired a peculiar and appropriate meaning in law shall 

 be construed and understood according to such meaning." 



I am of the opinion that the words "container" and "vendor", as used in 

 the statute above quoted, are to be given their ordinary meaning. The word 

 "container" means a package of any description capable of holding the various 

 seeds described in the statute. Said package may be in the form of a box made 

 of wood, tin, cardboard, fibre, etc., or it may consist of a paper bag ordinarily 

 used in retail stores. The word "vendor", as used in said statute, must be 

 construed to mean a person, firm or corporation which actually sells within 

 the Commonwealth the seeds described in the statute. 



This statute applies equally to producer, wholesaler or distributor and 

 retailer of agricultural seeds if he engages in business in this Commonwealth. 

 The tag or label required to be affixed to the container must have written or 

 printed thereon all of the information required by this statute. This applies 

 to the retailer who sells the seeds within the Commonwealth, notwithstanding 

 the fact that the seeds which he sells may have been put up in packages by 

 the producer, wholesaler or distributor doing business within or without the 

 Commonwealth, and that tags or labels bearing the name and address of such 

 wholesaler, producer or distributor are plainly printed in the English language 

 and affixed to said containers. In other words, the name of the retailer must 

 appear on every package of seeds whether the seeds are contained in packages 

 put up by the producer, wholesaler or distributor or put up in a "paper bag 

 package." This contention is clearly supported by the last paragraph of St. 

 1927, c. 274, § 2 (G. L., c 94, § 261L). 



Joseph E. Warner, Attorney General. 



