In the first contested civil action that was decided in favor of the Government in February 1960, the court's opinion included the following statements:

"In House Report No. 2473, subsection (b) of the amendment was described as providing a civil penalty payable to the United States for any violation of the Federal Seed Act or the rules and regulations made and promulgated thereunder, with or without intent.

"The defendant alleged that its good faith in shipping the seed in interstate commerce and in labeling them in accordance with tests conducted by a competent expert and technologist constituted a complete defense in that it showed an absence of any intention on its part or the part of its employees to falsely label or mislead by false labeling. It contended that such good faith on its part also furnished a complete defense to any technical violation that may have resulted or been produced by other analyses differing with those of the defendant.

"Relative to such prosecutions as there involved, and as is involved in the cases at bar, the Supreme Court said:

" 'The prosecution . . . is based on a now familiar type of legislation whereby penalties serve as effective means of regulation. Such legislation dispenses with the conventional requirement for criminal conduct awareness of some wrongdoing. In the interest of the larger good it puts the burden of acting at hazard upon a person otherwise innocent but standing in responsible relation to a public danger.

" 'The teaching of this rule is that such articles may be misbranded without any consciousness of fraud at all. Hardship there doubtless may be under a statute which thus penalizes the transaction though consciousness of wrongdoing may be totally wanting.' "

SEED CONTROL ORGANIZATIONS in the United States consist of State seed officials, who belong to regional organizations and an international organization. The regional organizations consist of one in the Northeastern States, one in the Southern States, one in the North Central States, and one in the Western States.

The regional groups meet annually to discuss problems and procedures to be followed in the enforcement of the laws and recommend procedures to be followed to establish greater uniformity in the administration of the laws in the various States.

Each of these associations is designated by the region in which it operates for example, the Association of Seed Control Officials of the Northeastern States.

The international organization, which includes representatives from all States and Canada, is called the Association of American Seed Control Officials. This organization meets biennially. The international organization attempts to accomplish the same objectives as the regional organizations, except to operate on an international basis.

PROGRESS AND BENEFITS in enforcement of the seed laws are difficult to measure. In 1940, on the basis of State reports, it was estimated that 25 percent of the seeds in commercial channels was falsely labeled.

The extent of compliance with the State seed laws and the Federal Seed Act between 1946 and 1960 is shown by surveys that indicate that the proportion of inspected seeds in violation of the State seed laws during this period averaged 13 percent. The proportion of inspected seed in interstate commerce in violation of the Federal Seed Act averaged 8 percent.

The findings indicate a considerable improvement from the surveys made between 1904 and 1919 and in 1940, even though the laws have been made stricter. The improvement undoubtedly came about because of greater knowledge among consumers, the increased efficiency of harvesting and cleaning machinery, the awareness of seedsmen that it pays to sell a high-quality product, and the increased activity on the part of officials.

The extent to which these factors influence the quality of any particular kind or lot of seed purchased by consumers varies considerably. For that reason, some seeds of low quality are still sold and purchased, and some seeds are still falsely represented and advertised.

LET NO ONE say, though, that misrepresentation is an ill only of these later days. We know it has existed a long time.

The first law we know of to control the quality of seeds was adopted in the Republic of Berne, Switzerland, on April 2, 1815.

It reads: "Clover seed be sold pure and without any addition of other seeds. The sale of sweet clover seed (Melilotus alba), as far as such seed is sold pure and unadulterated, is permitted. On the other hand, the sale of any ordinary or Dutch clover seed, adulterated with sweet clover seed or any impurity, is prohibited and liable to the fine mentioned below.

"In those counties, where a considerable sale of clover seeds takes place, 2 to 4 honourable men, who are experts in clover seeds, shall be appointed as inspectors and their names shall be made known to the vendors of seeds. These inspectors are held to examine clover seed offered for sale on public markets and in stores. If they find clover seeds adulterated with sweet clover or other species, they are held to confiscate such seed and to deposit it with the County Councilor.

"The County Councilor shall consult two more experts, and upon examination, if the seed is really adulterated, cause it to be thrown into the water. The vendor shall be punished the first time by a fine of Frs. 10- . . . in cases of repetition with a fine of Frs. 50.

"The names of the punished shall be announced . . . and be made public through the weekly newspaper. If the inspectors find the seed true to kind, but impure, then they shall be held to have such lots cleaned on the expense of the vendor who, in addition, has to pay a fine of Fr. 1-.

This law sounds much like a stop-sale, seizure, and court action in the seed laws enforced today in the United States. It even required publicity regarding the court actions. This is also required under the Federal Seed Act.

S. F. ROLLIN is Chief of the Seed Branch, Grain Division, Agricultural Marketing Service. He has been employed in the Department since 1936 and in various phases of seed law enforcement work under the Federal Seed Act since 1940. He is a graduate of North Dakota State Teachers College.

FREDERICK A. JOHNSTON is a member of the Technical Services staff, Plant Quarantine Division, Agricultural Research Service. He is a graduate of the University of Maryland and has been with the Department since 1939.