Seeds that are imported into the United States must not contain more than 2 percent of weed seeds. Seeds containing noxious-weed seeds in excess of one in 10 grams of seed the size of timothy, one in 25 grams of seed the size of sorghum, or one in 100 grams of seed the size of wheat, is not permitted entry into the commerce of the United States.

The specific noxious-weed seeds as set forth in the Federal Seed Act are whitetop (Lepidium draba, Lepidium re-pens, Hymenophysa pubescens); Canada thistle (Cirsium arvense); dodder (Cuscuta spp.); quackgrass (Agropyronrepens); johnsongrass (Sorghum halepense); bindweed (Convolvulus arvensis); Russian-knapweed (Centaurea picris); perennial sowthistle (Sonchus arvensis); and leafy spurge (Euphorbia esula).

Imported seeds of alfalfa and red clover must be stained to indicate their adaptability for growing in this country. Alfalfa and red clover seeds grown in the Dominion of Canada must be stained so that 1 percent of the seed is colored violet. The seed from South America must be stained so that 10 percent of the seed is orange-red in color. Seed from different origins or nonestablished origins must be stained so that 10 percent of it is colored red.

The Customs Service in the Department of the Treasury cooperates with the Department of Agriculture in enforcement of the requirements relating to imported seed. The customs inspectors at the various ports of entry obtain samples of the seed as it arrives at the ports. The samples are submitted to seed laboratories of the Department of Agriculture, where they are tested to determine whether they meet the requirements for importation. As soon as it is determined that the requirements for importation are met, the seeds are released into commerce. Complete germination tests are not made if the standard is met before the test is completed. The importer and the consignee are both informed of release of the seeds.

If the seeds do not meet the quality requirements for importation, they may be reprocessed under supervision to bring them into line with the requirements; they may be destroyed under supervision of a representative of the Department of Agriculture; or they may be exported under the supervision of the Customs Service. In some instances, seeds of alfalfa and red clover that have not been stained properly must be stained under supervision before they are admitted into the commerce of the United States.

When the Secretary of Agriculture finds that a substantial proportion of the importations of any kind of seed is used for other than seeding purposes, he may exempt such kinds from the provisions of the Federal Seed Act. Seed imported for other than seeding purposes under this exemption must be accompanied by a declaration setting forth the use for which the seeds are intended.

Seeds that may be declared as for other than seeding purposes include those of sorghum, barley, field corn, flax, oat, rye, soybean, wheat, and many others.

Seeds exported from the United States can be returned to the United States under certain circumstances even though they may not meet the quality requirements set forth in the Federal Seed Act.

Specified maximum quantities of seeds for experimental or breeding purposes may be imported into the United States regardless of the quality requirements if the seeds are not sold. Small quantities are not ordinarily sampled by customs inspectors; they therefore may be admitted without being tested.

No quality requirements have been established under the Federal Seed Act with respect to seed exported from the United States. Many countries have special requirements for entry of forage seeds, such as germination specifications, staining, or freedom from weed seeds, particularly dodder.

There are no quality requirements for domestic agricultural seeds under the Federal Seed Act except insofar as the noxious-weed requirements of the various States are recognized for seeds shipped in interstate commerce into those States.

Many States have strict requirements with respect to the number of seeds of noxious weeds of certain species or the total number of noxious seeds that will be permitted sale in those States. Some States prohibit seeds of noxious weeds of certain perennial species when present in any amount. Most State seed laws also have a limitation with respect to the percentage of weed seeds that may be contained in agricultural seeds sold within the State. This limitation varies from 0.5 percent to 5 percent, but usually it is about 2 percent.

Many of the State seed laws, particularly in the South, prohibit the sale of seed below a certain germination percentage, usually 60 or 70 percent. Exceptions are made for certain kinds of seeds that cannot normally be produced with a germination that high. Vegetable seeds are sold generally without labeling to show the percentage of germination, particularly on small packets, if the seed is above a certain established germination standard. Many States require large containers of vegetable seeds to be labeled with more detailed information than is required for small packets.

PLANT QUARANTINE REGULATIONS affect the importation, exportation, and interstate movement of seeds.

The regulations are enforced to prevent the introduction and dissemination of injurious foreign insect and disease pests that are new here or are not widely distributed within this country.

Imported seeds may be divided into three general categories depending on their entry status and conditions of importations: Prohibited seeds, restricted seeds subject to inspection and fumigation at special inspection stations, and restricted seeds subject to inspection at any port of entry where plant quarantine inspection services are available.

Seeds in the prohibited category include bamboo, rice, wheat, cotton, corn, barberry, mahonia, mahoberberis, currant, gooseberry, mango, avocado, and others, from all or many foreign countries.

For example, unhusked rice seed from all foreign countries and localities, except Mexico, is prohibited to safeguard against the introduction of a number of injurious rice pests, including downy mildew (Sclerospora macrocarpa), leaf smut (Entyloma oryzae), blight (Oospora oryzetorum), and plume blotch (Melanomma glumarum).

Wheat seeds are prohibited from all countries where the flag smut disease (Urocystis tritici) is known to occur. These include a number of European, Near East, and Asiatic countries, but only Chile in this hemisphere.

Seeds of corn and closely related plants may not be imported from a number of countries in southeastern Asia because of several downy mildews and other corn diseases occurring in those areas.

Most types of seeds of trees and shrubs fall in the second category and may enter under a plant quarantine import permit subject to inspection and treatment upon arrival in the United States. Treatments are given at specified ports of entry that have approved facilities for the particular treatment required. The most commonly used treatment is fumigation with methyl bromide gas at dosages that will give maximum protection against pests without serious injury to viability.

The third category includes seeds of nearly all of the common field, vegetable, and flower crops that are essentially herbaceous in character of growth. Entry is allowed without a formal import permit but is subject to inspection upon arrival to determine freedom from harmful pests.

A few types of seeds in this group are subject to mandatory fumigation because of specific foreign insect pests that occur quite generally in such seed. Seeds of sweetpea (Lathyrus) and vetch (Vicia), for example, are subject to infestation by a number of seed beetles in the family Bruchidae. Several of them do not occur in this country and are known to be serious pests. Treatment therefore is required as a condition of entry. Although mandatory treatment is not required for most seeds in this category, any shipment found to represent a risk of introducing injurious pests is subject to treatment before release. If a suitable treatment is not available, other safeguards, as refusal of entry, may be required.

We have no plant quarantine requirements governing the exportation of seeds. Exportation of tobacco seed, however, is regulated by the Federal Tobacco Seed and Plant Exportation Act. Many foreign countries have laws regulating or prohibiting the entry of seeds. The requirements vary with the country of destination and may relate to entry of all seeds or of specified kinds only. For example, the United Kingdom regulates entry of seeds of lettuce, tomato, and peas. Egypt regulates the importation of all seeds for sowing. Most cotton-growing countries restrict the entry of seed of cotton.

Laws of many States regulate interstate movement there into of all seeds or of all except field, vegetable, and flower seeds. Some States have special quarantines relating to specified kinds of seeds, and interstate movement of some kinds is regulated also by one or more of six different Federal Domestic plant quarantines.

Tree and shrub seeds are not admissible to the United States mails unless accompanied by a certificate showing the seeds to be free of insects and plant diseases.

FEDERAL-STATE COOPERATION in the enforcement of seed laws is possible because each of the 50 States has a State seed law. In the enforcement of the State law, seed inspectors visit seed dealers displaying seed for sale and obtain samples. The samples are submitted to the State seed laboratory for testing to determine whether the seeds are correctly labeled to comply with the State law. If there is no evidence that the seeds moved in interstate commerce, the jurisdiction lies entirely within the State law, and appropriate action may be taken under the law. This action usually consists of stopping the sale of the seeds until they are correctly labeled or disposed of in compliance with the law.

Prosecution under State seed laws is also possible but is recommended infrequently. If, however, the seeds moved in interstate commerce and were found to have been falsely labeled by a person in another State, the State law would not have jurisdiction over that person. This is the basic reason for the enactment of the Federal Seed Act.

There is agreement between the Department of Agriculture and the State agencies that when the State officials find in their inspection of seeds within the State evidence of violation of the Federal Seed Act, the information and the sample pertaining to the apparent violation will be forwarded to the appropriate area office of the Department of Agriculture for investigation. A duplicate force of inspectors to enforce the Federal Seed Act is therefore not necessary. After obtaining all the facts in a case that appears to warrant action under the Federal Seed Act, the area office reports the information to the Washington office.

The Washington office may proceed with various types of action under the Federal Seed Act. A warning letter or notice may be issued to the interstate shipper informing him of the apparent violation so that he can take steps to prevent such violations in the future.