AGRICULTURAL SEEDS. 13° GEO. V., No. XLIV. Short title. Interpretation. See N.S.W., 1921, No. 21 of 1923. AN ACT to regulate the Sale of Agricultural Seeds, and for purposes connected therewith. [Assented to 22nd February, 1923.] E it enacted by the King's Most Excellent Majesty, by B and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Agricultural Seeds Act, 1922. 2. (1.) In this Act, unless the context otherwise requires― "Agricultural seed" means farm and garden seeds which are sold for the purposes of planting, except flower "Minister" means the Minister for Agriculture; "Officer" means an officer appointed or deemed to be age; "Sell" or "sale" includes offering or attempting to sell, exposing for sale, and sending, forwarding, delivering, or having in possession for sale; "Vendor" means any person who sells or offers or exposes for sale, or contracts or agrees to sell or deliver, any seeds; "Weed seeds," when used in connection with a parcel of agricultural seeds, means all seeds of a kind other than that specified on such parcel. (2.) This Act does not apply to any sale of seeds by the grower to a seed merchant, or by a farmer to another farmer, so far as such sales are by regulation exempted from the operation of this Act. 3. The Governor may from time to time appoint such officers as may be necessary for the effectual execution of this Act. Every inspector under the Plant Diseases Act, 1914, shall, without further appointment, be deemed to be appointed an officer under and for the purposes of this Act. 4. The Governor may prescribe 5. Officers. Minimum per seeds. (a) the minimum percentages of pure germinable seeds and germinable which must be contained in any quantity of any kind of agricultural seeds; Maximum propor (b) the proportion or amount of impurities or weed seeds which shall not be exceeded in any quantity of any tion of foreign kind of agricultural seeds. Agricultural seeds of more than one species or variety shall not be sold together in a single parcel, unless the species or varieties are specified by the seller and ordered by the purchaser. ingredients. Mixed seeds, N.S.W., Sale of agricultural 6. (1.) There shall be legibly written on or attached to every parcel of agricultural seed which is sold a statement or seeds. label indicating— (a) the name and address of the seller; (b) the name of the seed as prescribed by regulation; (c) the several kinds of seeds contained in a mixture, and in what proportion such seeds are mixed; (d) the percentage of pure germinable seeds; and See ibid., sec. 4. sec. 4. Power to submit samples of seeds for examination. See Vic., No. 2722, sec. 9. (e) the proportion or amount of impurities and weed. seeds contained in the seeds (or in the several kinds of seeds contained in a mixture) passing on such sale; and (f) subject to the regulations, the country of origin. Provided that in stating the percentage of pure germin able seeds of a prescribed kind the percentage of hard seeds must also be stated. (2.) Such statement or label shall, notwithstanding any agreement to the contrary, constitute a warranty of the matters therein stated, and that the purity and percentage of germination of the seed are in accordance with this Act and the regulations thereunder. (3.) A vendor shall not be liable in damages for breach of any warranty as aforesaid to an amount exceeding the price of the seeds sold, and the expense incurred by the purchaser in relation to the sale, delivery, and testing of the seeds. 7. (1.) Any purchaser of agricultural seeds shall, on payment of the prescribed fee, be entitled to have such seeds examined by a botanist, and to receive from him a certificate of the results of the examination. (2.) Any such purchaser intending to submit such seeds for examination shall, at the time of purchase, or not later than twenty-one days after the delivery of the seeds, give notice, in writing, to the vendor of his intention to have the seeds examined by a botanist. (3.) For the purpose of such examination, a sample of the seeds shall be taken by an officer. Unless such sample is taken in the presence of the vendor or his agent before the seeds are delivered to the purchaser, notice of intention to take the sample, and of the time when and of the place where the sample will be taken, shall be given to the vendor, who by himself or his agent may be present when the sample is taken. (4.) Every sample taken under this section for purposes of examination shall be taken from the bulk, and shall be of the weight prescribed. (5.) The sample shall be divided into three approximately equal parts. (6.) Each of such parts shall be marked and sealed or fastened up in such manner as its nature permits; and the officer shall deliver or forward two of such parts to the Department of Agriculture, and shall deliver or forward one of such parts to the vendor. (7.) Of the parts delivered or forwarded to the Department of Agriculture one shall be for examination by a botanist, and the other shall be retained by the Department. 8. (1.) For the purposes of this Act a sample of seeds shall mean any quantity not less than is prescribed for any kind of seed. (2.) Where in any prosecution or proceeding under this Act a contravention of any of the provisions of this Act is proved in regard to any such sample or any part thereof, such contravention shall be deemed to have been proved with regard to the bulk from which the sample was taken. 9. (1.) Any officer may (a) enter and inspect any place which he has reasonable (d) remove for examination any such seeds or portions (e) weigh, measure, or mark such seeds or parcel, and (f) seize any such seeds which are, or appear to him to (2.) If any seeds are removed or seized by an officer under this section, he shall forthwith deliver or forward a portion marked and sealed or fastened up in such manner as its nature permits to the vendor in whose possession they have been found, or to the consignor thereof if his name and address are on or attached to such seeds, or any parcel enclosing or containing the same. (3.) Any justice may grant a summons calling upon the vendor or consignor of the seeds so seized to appear before a court of summary jurisdiction to show cause why such seeds and any parcel as aforesaid should not be forfeited. Meaning of sample of seeds. sec. 10. Entry and No. 30, sec. 7. N.S.W., 1921, No. 15, sec. 9. Portion of sample to be sent to consignor. vendor or Summons. Proceedings upon summons.. Power to demand, Q., 1913, No. 30, No. 15, sec. 9. Manner in which sample may be dealt with. (4.) Upon such vendor or consignor so appearing, or if after being so summoned he fails to appear, the court may, after inquiry into the matter, and if satisfied by reasonable proof that the seeds were intended to be sold or used for planting or sowing and were unfit for use, adjudge such seeds, and also every such parcel, to be forfeited. In default of such reasonable proof, the seeds and the said parcel shall be forthwith restored to the vendor or person in whose possession they were found. 10. (1.) On payment or offer to any vendor or to any person apparently acting as his agent or servant, of the current market value of any agricultural seeds, or at the rate of payment prescribed therefor, any officer may demand and select and take or obtain samples of the seeds for the purposes of this Act. (2.) Any officer may require any vendor or person as aforesaid to show and permit the inspection of the parcel in which such seeds are at the time kept, and may take or may require the vendor or person as aforesaid to take therefrom the samples demanded. (3.) An officer taking or obtaining any sample of seeds as last aforesaid shall divide the sample into three parts, and shall mark and seal or fasten up each such part in such manner as its nature permits, and shall offer one of such parts to the person from whom he took or obtained the sample: Provided that when any seeds are contained in a parcel in such quantity that their division into three parts, as hereinbefore provided, would furnish parts insufficient for accurate examination, additional parcels, which purport to contain similar seeds, may be taken or obtained; and the contents of two or more parcels may be mixed together and the mixture divided and submitted for examination as herein provided. Such officer shall subsequently deliver another of such parts to a botanist for examination, and shall retain the third of such parts at the Department of Agriculture. Such delivery to a botanist may be effected either personally or by sending the seeds by post addressed, or by railway consigned, to the botanist at his usual address or in such other manner as may be prescribed. |