Seeds Act 1920

JurisdictionUK Non-devolved
Citation1920 c. 54


Seeds Act, 1920.

(10 & 11 Geo. 5.) CHAPTER 54.

An Act to amend the Law with respect to the Sale and Use of Seeds for sowing and of Seed Potatoes and to provide for the testing thereof.

[16th August 1920]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Delivery of particulars on sale of seeds and seed potatoes.

1 Delivery of particulars on sale of seeds and seed potatoes.

(1) Every person who sells any seeds to which this Act applies or any seed potatoes, shall, on or before the sale, or if the goods are not delivered at the time of sale on or before delivery thereof, deliver to the purchaser a statement in writing containing the prescribed particulars with respect, in the case of seeds, to their variety, purity and germination, and in the case of seed potatoes, to their class, variety, size and dressing, and, in either case, to any other prescribed matters.

(2) Every person who exposes for sale any seeds to which this Act applies, or any seed potatoes, shall cause to be displayed conspicuously on or in close proximity to the seeds or potatoes, as the case may be, a statement in writing containing such particulars as are required to be contained in the statement to be delivered under this section to a purchaser.

(3) The statement required to be delivered under this section to a purchaser shall be contained in a sale note or invoice or be attached to, inserted in, or written on, the package containing the seeds, or seed potatoes, as the case may be.

(4) For the purposes of this section, a statement in writing referring specifically to a printed price list or printed catalogue containing the prescribed particulars shall be deemed to contain those particulars.

(5) The particulars to be contained in a statement to be delivered under this section to a purchaser of seeds shall, so far as they are particulars relating to the purity and germination of the seeds, be particulars ascertained on a test of those seeds made in accordance with the provisions of this Act.

(6) Every statement relating to seeds which is delivered or displayed under this section must specify that the seeds have been tested in accordance with the provisions of this Act.

(7) The Minister may, by licence granted subject to and in accordance with regulations made under this Act, exempt any person as respects any sale or any exposure for sale of seeds or seed potatoes from compliance with the requirements of this section, and any such exemption may be granted either absolutely or subject to compliance with any conditions specified in the licence.

S-2 Provisions as to tests.

2 Provisions as to tests.

(1) A test of seeds for the purpose of the preceding section shall, in the case of seeds other than garden seeds, be made either at one of the official seed testing stations established under this Act or at some testing station licensed by the Minister, and, in the case of garden seeds, be made either as aforesaid or in any other sufficient manner.

(2) Where seeds are sold or delivered or exposed for sale at any time other than some time within the months of August or September, a test for the purpose of the preceding section shall be a test made not earlier than the first day of the month of August last preceding, and, where seeds are sold and delivered or exposed for sale at any time within the months of August or September, the test shall be a test made not earlier than the first day of the month of August in the previous year.

S-3 Prohibition of sale or use of seeds containing injurious weed seeds.

3 Prohibition of sale or use of seeds containing injurious weed seeds.

3. It shall not be lawful for any person to sell or expose for sale or knowingly to sow any seeds, being seeds to which this Act applies, which contain more than the prescribed percentage of the seeds of any prescribed injurious weeds.

S-4 Power to enter and take samples.

4 Power to enter and take samples.

(1) Any person, whether an officer of the Ministry or not, duly authorised by the Minister in that behalf may, upon production if so required of his authority, at all reasonable hours, enter any premises where seeds to which this Act applies or seed potatoes are sold or exposed for sale or stored for purposes of sale without further recleaning, blending, or grading, and may without payment take samples of the seeds or seed potatoes for testing, and the owner thereof shall on demand deliver to the person taking the samples a statement containing such particulars with respect thereto as are required to be contained in the statement to be delivered upon a sale of seeds or seed potatoes, as the case may be, under this Act.

(2) A person taking a sample of seeds under this section shall divide the sample into two parts and shall cause each part to be marked, sealed, and fastened up, and shall deliver or tender one part to the owner of the seeds and shall deliver or send by post to the chief officer of the official testing station the other part of the sample for the purpose of its being there tested.

(3) A certificate in the prescribed form of the result of any test of a sample sent to the official testing station under this section shall be issued in the prescribed manner, and a copy of every certificate so issued shall, as soon as it has been issued, be sent to the owner of the seeds.

(4) Every certificate issued as aforesaid shall, in any proceedings against the owner of the seeds, be conclusive evidence of the facts stated in the certificate unless the owner within fourteen days from the date on which the copy is received by him gives notice in writing to the chief officer at the official testing station requiring that further portions of the sample should be tested both at that testing station and at some other official testing station.

(5) Where any seeds of which a sample has been tested under this section were purchased by the owner thereof from any other person, and it appears to the Minister from the certificate of the result of the test that the seeds in some material respect fail to correspond with the particulars contained in the statement delivered to the owner under this Act on the sale to him of the seeds, the owner shall, on application in writing made to him in that behalf by the Minister at any time after the test has been completed, furnish to the Minister the name and address of the person from whom he purchased the seeds, together with a copy of the statement so delivered, and the Minister...

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