CHAPTER 127. An Act to protect Canada against the introduction of the insect pest known as San José Scale. 1. This Act may be cited as the San José Scale Act. 61 V., Short title. c. 23, s. 1. of nursery 2. The importation of any trees, shrubs, plants, vines, Importation grafts, cuttings or buds, commonly called nursery stock, from stock from any country or place to which this Act applies is prohibited. certain 61 V., c. 23, s. 2. places prohibited. of such 3. Any nursery stock so imported shall be forfeited to the Forfeiture Crown and may be destroyed, and any person importing stock. nursery stock from any such country or place, or causing or permitting it to be so imported shall be guilty of an offence for Penalty. which he shall incur a penalty of two hundred dollars. 61 V., c. 23, s. 3. regulated by 4. The Governor in Council may from time to time declare Application that this Act applies to any country or place in which it has of Act to be been made to appear that San José Scale exists; and, when Governor in thereafter satisfied that the importation of nursery stock from Council. any such country or place may safely be permitted, he may in like manner declare that this Act no longer applies to such country or place. 61 V., c. 23, s. 4. 5. The Governor in Council, upon its being made to appear Exemption to his satisfaction that any class of plants is not liable to the which are of plants attack of the San José Scale, may exempt plants of such class, not liable to and grafts, cuttings or buds thereof from the operation of this scale. Act. 61 V., c. 23, s. 5. San José of orders in 6. All orders in council made under the foregoing sections Publication shall be published in the Canada Gazette. 61 V., c. 23, s. 7. council. 7. The Governor in Council may, notwithstanding anything Importation in this Act contained, (a) from time to time permit the importation from any country or place to which this Act applies of such nursery. stock as is required for scientific purposes; 2233 for scientific purposes. (b) (b) name certain ports of entry at which the importation may be permitted of nursery stock from any such country or place if such stock has been properly fumigated with hydrocyanic gas; and, (c) make regulations under which such importation may take place. 61 V., c. 23, s. 6; 63-64 V., c. 31, ss. 1 and 2. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2234 5917 CHAPTER 128. An Act respecting the Inspection and Sale of Seeds. SHORT TITLE. 1. This Act may be cited as the Seed Control Act. 4-5 E. Short title. VII., c. 41, s. 1. REGULATIONS. 2. The Governor in Council may make, by Governor (a) regulations determining the maximum proportion of Regulations seeds of the weeds named in this Act that may be tolerated in Council. in any other seeds without affecting their character as being free from the seeds of the said weeds within the meaning of this Act; and, (b) such regulations as he considers necessary in order to secure the efficient enforcement and operation of this Act. 2. The Governor in Council may, by such regulations, Penalties. impose penalties not exceeding fifty dollars on any person offending against them, to be recoverable on summary convic tion. 3. The regulations so made shall be in force from the date Publication. of their publication in the Canada Gazette, or from such other date as is specified in the proclamation in that behalf. 4-5 E. VII., c. 41, ss. 5 and 17. EXAMINATION. of seeds. 3. Any person charged with the enforcement of this Act Examination may enter upon any premises to make any examination of any seeds, receptacles, packages, sacks or bags of seeds, with respect to which he has reason to suspect or believe that any provision of this Act is being violated, whether such seeds, receptacles, packages, sacks or bags of seeds are on the premises of the owner, or on other premises, or in the possession of a railway or steamship company, and may take any samples of the said seeds from any receptacle, package, sack or bag, for which samples the owner of the seed shall be paid in accordance with the amount of seed thus taken and its current value. 4-5 E. VII., c. 41, s. 10. Exceptions from Act. Further exception. Seeds to be free from seeds of certain weeds. LIMITATION. 4. The provisions contained in this Act shall not apply to,(a) any person growing or selling seeds for the purpose of food in respect of seed sold, or exposed or had in possession for sale, for such purpose; (b) any person selling seeds direct to merchants to be (c) seed that is held in storage for the purpose of being 5. The provisions contained in the next following section shall not apply to the sale of seed that is grown, sold and delivered by any farmer on his own premises, for seeding by the purchaser himself, unless the purchaser of the said seed obtains from the seller at the time of the sale thereof a certificate that the said seed is supplied to him subject to the provisions of this Act. 4-5 E. VII., c. 41, s. 3. PROHIBITORY CLAUSES. 6. No person shall sell, or offer, expose or have in his possession for sale, for the purpose of seeding, any seeds of cereals, grasses, clovers or forage plants, unless they are free from any seeds of the following weeds :-Wild Mustard or Charlock (Brassica Sinapistrum, Boiss.); Tumbling Mustard (Sisymbrium sinapistrum, Crantz.); Hare's Ear Mustard [Coringia orientalis, (L.) Dumort]; Ball Mustard (Neslia paniculata, Desv.); Field Pennycress or Stinkweed (Thlaspi arvense, L.); Wild Oats (Avena fatua, L. and Avena strigosa, Schreb.); Bindweed (Convolvulus arvensis, L.); Perennial Sow-Thistle (Sonchus arvensis, L.); Ragweed (Ambrosia artemisiaefolia, L.); Great Ragweed (Ambrosia trifida, L.); Purple Cockle (Lychnis Githago, Lam); Cow Cockle [Vaccaria Vaccaria (L.) Britton]; Orange Hawkweed or Paint Brush (Hieracium aurantiacum, L. and Hieracium praealtum, Vill.); and from the Sclerotia known as Ergot of Rye (Claviceps purpurea, Tul.); unless each and every receptacle, package, sack or bag containing such seeds, or a label securely attached thereto, is marked in a plain and indelible manner,(a) with the full name and address of the seller; (b) with the name of the kind or kinds of seed; (c) with the common name or names of the weeds hereinbefore named, the seeds of which are present in the seed sold or offered, exposed or had in possession for sale. 4-5 E. VII., c. 41, s. 3. 7. No person shall sell, or offer, expose or have in his Grades. possession for sale, any seeds of timothy, red clover, alsike, or any mixture containing the said seeds, in or from any receptacle, package, sack or bag upon which is marked No. 1' or any other designation which represents such seeds as of first quality, unless they are free from the seeds of weeds named in the last preceding section, and are also free from the seeds of White Cockle (Lychnis vespertina, Sibth.); Night-Flowering Catchfly (Silene notiflora, L.); False Flax (Camelina sativa, Crantz.); Canada Thistle (Cnicus arvensis, Hoffm.); Ox-eye Daisy (Chrysanthemum Leucanthemum, L.); Curled Dock (Rumex crispus, L.); Blue Weed, (Echium vulgare, L.); Ribgrass (Plantago lanceolata, L.); Chicory (Cichorium Intybus, L.), and contain out of every one hundred seeds not less than ninety-nine seeds of the kind or kinds represented, or seeds of other useful and harmless grasses and clovers, of which ninety-nine seeds, ninety seeds must be germinable. 4-5 E. VII., c. 41, s. 4. of prohibited 8. No person shall sell, or offer, expose or have in his Proportion possession for sale, for the purpose of seeding in Canada, any seeds seeds of timothy, alsike or red clover, or any mixture containing allowed. the said seeds, if the seeds of the weeds named in this Act are present in a greater proportion than five to one thousand of the seed sold, or offered, exposed or held in possession for sale. 4-5 E. VII., c. 41, s. 6. OFFENCES AND PENALTIES. selling seeds 9. Except as in this section otherwise provided, every person Penalty for who, by himself or through the agency of another person sells, containing offers, exposes or has in possession for sale, seeds, in violation seeds of of any of the provisions of this Act shall be guilty of an offence weeds. and upon summary conviction therefor, be liable for a first offence to a fine not exceeding one dollar, and for each subsequent offence to a fine not exceeding five dollars, for each receptacle, package, sack or bag in or from which seeds are sold, offered, exposed or had in possession for sale contrary to such provision together with the costs of prosecution, and, in default of immediate payment of such fine and costs, shall be liable to imprisonment, for a term not exceeding one month, unless such fine and costs and the costs of enforcing the same are sooner paid: Provided that the total amount of the fine Proviso. shall not exceed, in the case of a first offence, five dollars, and in the case of a subsequent offence, twenty-five dollars. good faith. 2. If the accused proves to the magistrate before whom he Liability of is tried that the package, sack, bag or receptacle containing the purchaser in seed respecting which the complaint or information is laid, was purchased by him directly from a seed merchant domiciled in Canada, and was not opened, or the state of the seed was not altered, while it was in his possession, and he had no reason |