CONTROL SERIES No. 96 



or exposed for sale for the purpose of inspection of such seeds and, upon tendering 

 the market price, may take samples of such agricultural seeds or mixtures thereof 

 for tests and analyses. Such samples shall be thoroughly mixed and two official 

 samples taken therefrom; each official sample shall be securely sealed. Such 

 official samples shall be submitted by said commissioner or his deputy to the 

 director of the Massachusetts agricultural experiment station, in this and the four 

 following sections called the director, for testing and analyzing. One of such 

 samples shall be held by the director or his duly authorized assistant at the dis- 

 posal of the person named on the label as the vendor of the agricultural seed 

 samples, for six months after the results of the analysis, have been reported as 

 provided in the following section, and the other sample retained by the director 

 or such assistant for analysis. 



The commissioner of agriculture may order that any agricultural seeds or mix- 

 tures thereof, vegetable seeds or flower seeds, the containers of which he finds are 

 not tagged or labeled, as provided in sections two hundred and sixty-one A to 

 two hundred and sixty-one E, inclusive, or which do not conform to the state- 

 ments made upon the tags or labels attached to the containers thereof, be with- 

 held from sale until properly tagged or labeled or until made to conform to the 

 tags or labels thereon. Any person aggrieved by such an order may, within ten 

 days of the entry thereof, appeal therefrom by petition to the superior court in 

 the county where he resides or has his usual place of business or in the county 

 of Suffolk. The court shall hear such petition speedily in accordance with the 

 usual course of procedure in equity, and may affirm, modify or revoke such 

 order. Such order shall remain in force until so modified or revoked. 



SECTION 2611. The director shall cause such tests and analyses as he may 

 specify to be made of samples collected under the preceding section in order to 

 determine the quality of the seeds contained in such samples. The results of all 

 such analyses shall be reported to the commissioner of agriculture. To enable 

 the director to determine the trueness to type or variety of vegetable and other 

 seeds he shall provide that field tests be made of such samples of seeds as he 

 may designate and may publish the results of all such tests and analyses as are 

 made in accordance with the provisions of this section. 



SECTION 261J. The word "approximate" as used in sections two hundred 

 and sixty-one A to two hundred and sixty-one L, inclusive, shall be defined in 

 rules and regulations promulgated by the director. 



SECTION 26 IK. Any person residing or doing business in this common- 

 wealth shall have the privilege of submitting to the director samples of seeds for 

 test and analysis, subject to such rules and regulations as may be adopted by 

 the director, including a reasonable charge or fee for such test and analysis. 

 Receipts under this section shall be paid into the treasury of the commonwealth. 



SECTION 261L. Whoever sells, offers or exposes for sale any lot of agricul- 

 tural seeds or mixtures thereof or vegetable seeds or flower seeds, without com- 

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

 dred and sixty-one K, inclusive, applicable thereto, or in violation of any order, 

 under section two hundred and sixty-one H, of the commissioner of agriculture, or 

 of the superior court if an appeal is taken, or whoever falsely marks or labels any 

 such seeds or mixtures or impedes, obstructs or hinders the commissioner of agri- 

 culture or any of his duly authorized agents, or the director or any of his duly 

 authorized assistants, in the discharge of the authority or duties conferred or 

 imposed by any provision of said sections, shall be punished by a fine of not 

 more than five hundred dollars. 



