The Laws of Texas, 1937-1939 [Volume 31] Page: 379 of 1,313

                                
FORTY-SIXTH LEGISLATURE-REGULAR SESSION.        5
tion of any of the provisions of this Act or the rules and regulations
promulgated thereunder.
"(e) Providing that any seed for planting purposes shipped
into Texas without first complying with the provisions of the
law and regulations promulgated hereunder, be considered restricted
material, and may be returned to the shipper at his
expense. Said shipper shall be granted ten (10) days from
date of notice to remove such seed from the State of Texas.
Upon his refusal or failure to do so, the confiscation of such
seed by the Commissioner of Agriculture or his agents is hereby
authorized and without recourse on the State of Texas.
"(f) Providing that all planting seed shipped into Texas and
bearing the label denoting Registered or Certified Seed shall
have been produced under standards equal to the existing standards
in Texas for such class of seed. Such seed coming into
the State of Texas and being declared by the Commissioner of
Agriculture not to have been produced under Registration and
Certification standards equal lo the Texas standards, shall not
bear the labels or be represented as Registered or Certified
Seed, except as hereinafter provided for. Such seed may bear
the Registration or Certification tag issued in the State of origin
provided such tags are plainly marked "These seed no not meet
the requirements of Registration or Certification in Texas."
"(g) Providing that the use of the Red or Blue tag on planting
seed in Texas is prohibited except when used by duly qualified
Registered Plant Breeders or Certified Seed Growers, or
when such tags are plainly marked in bold type "Non-Registered"
or "Non-Certified" seed.
"(h) Providing that tle terms "from   officially inspected
fields," "State inspected," "approved seed," "inspected fields,"
"first year from Certified Seed," "as good as certified," and other
similar terms be confined to a description of Registered and Certified
Seed. Providing, however, that where such terms are used
by firms, individuals, or corporations, such written material
shall plainly show the words "Non-Registered" or "Non-Certified."
"Any person, firm, or corporation violating any of the provisions
of this Secticn, or the rules and regulations adopted in
accordance with this Act, or who shall sell or offer for sale in
Texas cotton, alfalfa, corn or sorghum seed produced outside
the confines of the State of Texas without a permit issued in
accordance with the provisions of this Act, shall be deemed
guilty of a misdemeanor, and upon conviction shall be punished
by a fine of not Jess than Ten ($10.00) Dollars nor more than
One Hundred ($100.00) Dollars, or by imprisonment of not less
than ten (10) days nor more than thirty (30) days in the county
jail, or both. in the discretion of the Court. Each violation
shall constitute a separate offense."
SEC. 2. If any clause, sentence, paragraph, or part of this
Act shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder of this Act, but shall be confined in its
operation to the clause, sentence, paragraph, or any part there-