Page:United States Statutes at Large Volume 53 Part 2.djvu/802

 1278 PUBLIC LAWS-CH. 615 -AUG. 9, 1939 [53 STAT. Russian knapweed; Sonchus arvensis L., perennial sowthistle; Euphorbia esula L., leafy spurge; and seeds or bulblets of any other kinds which after investigation the Secretary of Agriculture finds should be included. "Origin." (10) The term "origin" means the State, Alaska, District of Columbia, Hawaii, Puerto Rico, or possession of the United States, or the foreign country, or designated portion thereof, where the seed was grown. (11) The term "kind" means one or more related species or sub- species which singly or collectively is known by one common name, for example, wheat, oat, vetch, sweetclover, cabbage, cauliflower, and so forth. "Variety." (12) The term "variety" means a subdivision of a kind which is characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other sorts of the same kind, for example, Marquis wheat, Flat Dutch cabbage, Manchu soybeans, Oxheart carrot, and so forth. "Type." (13) The term "type" means either (A) a group of varieties so nearly similar that the individual varieties cannot be clearly differ- entiated except under special conditions, or (B) when used with a variety name means seed of the variety named which may be mixed with seed of other varieties of the same kind and of similar character, the manner of and the circumstances connected with the use of the designation to be governed by rules and regulations prescribed under pOrt, p. 1285. section 402 of this Act. "Germination. " (14) The term "germination" means the percentage of seeds capable of producing normal seedlings under ordinarily favorable conditions (not including seeds which produce weak, malformed, or obviously Pot, p. 1285. abnormal sprouts), determined by methods prescribed under section 403 of this Act. "Hard seeds. (15) The term "hard seeds" means the percentage of seeds which because of hardness or impermeability do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned, determined by methods prescribed under section 403 of this Act. "nert matter." (16) The term "inert matter" means all matter not seeds, and includes among others broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed under section 403 of this Act. "Purelve seed." (17) The term "pure live seed" for the purpose of title III means that portion of any lot of seed subject to this Act that consists of live agricultural or vegetable seed determined by methods prescribed under section 403 of this Act. "Label." (18) The term "label" means the display or displays of written, printed, or graphic matter upon or attached to the container of seed. "Labeling." (19) The term "labeling" includes all labels, and other written, printed, and graphic representations, in any form whatsoever, accom- panying and pertaining to any seed whether in bulk or in containers, and includes invoices. "Advertisement." (20) The term "advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this Act. Subject to i-s (21) Subject to such tolerances as the Secretary of Agriculture is authorized to prescribe under the provisions of this Act- "False labeling." (A) the term "false labeling" means any labeling which is false or misleading in any particular; mt a dvertise- (B) the term "false advertisement" means any advertisement which is false or misleading in any particular.
 * "Kind."

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