Honorable John A. McSparran AGO 35 Opinion No. 35 Pennsylvania Attorney General Opinions
Opinion of the Attorney General December 8, 1931 Criminal law—Violation of statutes regulating Sale of seeds—Compromise of prosecution by Department of Agriculture—Criminal Procedure Act of 1860, Section 9—Applicability. The Department of Agriculture may not make settlement with persons who have violated the provisions of the Acts of April 26, 1921, P. L. 316, and April 11, 1929, P. L. 448, regulating the sale of seeds and seed potatoes; section 9 of the Criminal Procedure Act of March 31, 1860, P. L. 42T, applies only to those cases in which a remedy by civil action has been provided. Honorable John A. McSparran, Secretary of Agriculture, Harrisburg, Pennsylvania. Sir: You have asked to be advised whether your Department may make settlement with parties who have violated the provisions of the Acts of Assembly regulating the sale of agricultural seeds and mixtures thereof, by accepting a fine and withholding criminal prosecution. The seed acts, to which your inquiry relates, are the Acts of April 26, 1931, P. L. 316, and April 11, 1929, P. L. 488. The former makes it unlawful to sell, offer for sale, or expose for sale, vegetable seeds in bulk, package or containers of ten pounds or more without having attached a label, on which shall be legibly written or printed the name of the seed and percentage of purity or freedom from inert matter. It provides that any person violating any of its provisions shall be guilty of a misdemeanor and, on conviction, sentenced to pay a fine of not more' than two hundred dollars ($200.00). The Act of April 11, 1929, P. L. 488, includes agricultural seeds, vegetable seeds and seed potatoes. This act prohibits the use of the words "certified" or "registered," unless actual inspection has been made and certified by the Department of Agriculture. A violation of the provisions of this act is also made a misdemeanor and the penalty is identical with that provided in the preceding act. The question which arises, therefore, is whether settlement may be made where violations have been committed under the provisions of either of said acts. The matter of settlement in criminal procedure is purely statutory and is authorized by the Criminal Procedure Act of March 31, 1860, P L. 427, Section 9, which provides that:
"In all cases where a person shall, on the
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