US (United States) Code. Title 7. Chapter 37: Seeds

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

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7 USC CHAPTER 37 - SEEDS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

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-HEAD-

CHAPTER 37 - SEEDS

-MISC1-

Sec.

1551. Short title.

SUBCHAPTER I - DEFINITIONS

1561. Definition of terms.

1562. False representations as certified seed; required provisions.

SUBCHAPTER II - INTERSTATE COMMERCE

1571. Prohibitions relating to interstate commerce in certain

seeds.

1572. Records.

1573. Exemptions.

(a) Carrier transporting seeds.

(b) Seeds not for seeding purposes.

(c) Emergency preventing presentation of information.

(d) Intermixture of unidentified seeds; percentages

of kind or kind and variety of seeds.

(e) Name of substance used in treatment of seeds.

1574. Disclaimers, limited warranties and nonwarranties.

1575. False advertising.

SUBCHAPTER III - FOREIGN COMMERCE

1581. Prohibitions relating to importations.

1582. Procedure relating to importations; disposal of refuse;

exceptions.

1583, 1584. Repealed.

1585. Certain seeds not adapted for general agricultural use.

1586. Certain acts prohibited.

SUBCHAPTER IV - GENERAL PROVISIONS

1591. Delegation of duties.

1592. Rules and regulations.

1593. Standards, tests, tolerances.

1593a. Seed variety information and survey.

(a) Information.

(b) Survey.

(c) Analysis of variety survey data.

1594. Prohibition against alterations.

1595. Seizure.

1596. Penalties.

1597. Agent's acts as binding principal.

1598. Notice of intention to prosecute.

1599. Cease and desist proceedings.

(a) Hearing.

(b) Report of Secretary of Agriculture.

(c) Amendment of report.

(d) Service.

1600. Appeal to court of appeals.

1601. Enforcement of order.

1602. Separability.

1603. Procedural powers; witness fees and mileage.

1604. Publication.

1605. Authorization of appropriations.

1606. Authorization of expenditures.

1607. Cooperation with other governmental agencies.

1608. Separability.

1609. Repeals.

1610. Effective date.

SUBCHAPTER V - SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY

1611. Illegal sales of uncertified seed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 15 sections 1459, 2311.

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7 USC Sec. 1551 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

-HEAD-

Sec. 1551. Short title

-STATUTE-

This chapter may be cited as the ''Federal Seed Act.''

-SOURCE-

(Aug. 9, 1939, ch. 615, Sec. 1, 53 Stat. 1275.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 97-439, Sec. 1, Jan. 8, 1983, 96 Stat. 2287, provided

that: ''This Act (amending sections 1561, 1571, 1581, 1582, 1585,

and 1586 of this title and repealing sections 1583 and 1584 of this

title) may be cited as the 'Federal Seed Act Amendments of 1982'.''

-CITE-

7 USC SUBCHAPTER I - DEFINITIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER I - DEFINITIONS

.

-HEAD-

SUBCHAPTER I - DEFINITIONS

-CITE-

7 USC Sec. 1561 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER I - DEFINITIONS

-HEAD-

Sec. 1561. Definition of terms

-STATUTE-

(a) When used in this chapter -

(1) The term ''United States'' means the several States,

District of Columbia, and Puerto Rico.

(2) The term ''person'' includes a partnership, corporation,

company, society, or association.

(3) The term ''interstate commerce'' means -

(A) commerce between any State, Territory, possession, or the

District of Columbia, and any other State, Territory,

possession, or the District of Columbia; or

(B) commerce between points within the same State, Territory,

or possession, or the District of Columbia, but through any

place outside thereof; or

(C) commerce within the District of Columbia.

(4) For the purposes of this chapter with respect to labeling

for treatment, variety and origin (but not in anywise limiting

the foregoing definition), seeds shall be considered to be in

interstate commerce, or delivered for transportation in

interstate commerce, if such seeds are part of, or delivered for

transportation in, that current of commerce usual in the

transportation and/or merchandising of seeds, whereby such seeds

are sent from one State with the expectation that they will end

their transit in another, including, in addition to cases within

the above general description, all cases where seeds are

transported or delivered for transportation to another State, or

for processing or cleaning for seeding purposes within the State

and shipment outside the State of the processed or cleaned

seeds. Seeds normally in such current of commerce shall not be

considered out of such current through resort being had to any

means or device intended to remove transactions in respect

thereto from the provisions of this chapter.

(5) The term ''foreign commerce'' means commerce between the

United States, its possessions, or any Territory of the United

States, and any foreign country.

(6)(a) The term ''district court of the United States'' means

any court exercising the powers of a district court of the United

States,

(b) Omitted

(7) The term -

(A) ''Agricultural seeds'' shall mean grass, forage, and

field crop seeds which the Secretary of Agriculture finds are

used for seeding purposes in the United States and which he

lists in the rules and regulations prescribed under section

1592 of this title.

(B) ''Vegetable seeds'' shall include the seeds of those

crops that are or may be grown in gardens or on truck farms and

are or may be generally known and sold under the name of

vegetable seeds.

(8) For the purpose of subchapter II of this chapter, the term

''weed seeds'' means the seeds or bulblets of plants recognized

as weeds either by the law or rules and regulations of -

(A) The State into which the seed is offered for

transportation, or transported; or

(B) Puerto Rico, Guam, or District of Columbia into which

transported, or District of Columbia in which sold.

(9)(A) For the purpose of subchapter II of this chapter, the

term ''noxious-weed seeds'' means the seeds or bulblets of plants

recognized as noxious -

(i) by the law or rules and regulations of the State into

which the seed is offered for transportation, or transported;

(ii) by the law or rules and regulations of Puerto Rico,

Guam, or the District of Columbia, into which transported, or

District of Columbia in which sold; or

(iii) by the rules and regulations of the Secretary of

Agriculture under this chapter, when after investigation he

shall determine that a weed is noxious in the United States or

in any specifically designated area thereof.

(B) For the purpose of subchapter III of this chapter, the term

''noxious-weed seeds'' means the seeds of Lepidium draba L.,

Lepidium repens (Schrenk) Boiss., Hymenophysa pubescens C. A.,

Mey., white top; Cirsium arvense (L.) Scop., Canada thistle;

Cuscuta spp., dodder; Agropyron repens (L.) Beauv., quackgrass;

Sorghum halepense (L.) Pers., Johnson grass; Convolvulus arvensis

L., bindweed; Centaurea picris Pall., Russian knapweed; Sonchus

arvensis L., perennial sowthistle; Euphorbia esula L., leafy

spurge; and seeds or bulblets of any other kinds which after

investigation the Secretary of Agriculture finds should be

included.

(10) The term ''origin'' means the State, District of Columbia,

Puerto Rico, or possession of the United States, or the foreign

country, or designated portion thereof, where the seed was grown.

(11) The term ''kind'' means one or more related species or

subspecies which singly or collectively is known by one common

name, for example, soybean, flax, carrot, radish, cabbage,

cauliflower, and so forth.

(12) The term ''variety'' means a subdivision of a kind which

is characterized by growth, plant, fruit, seed, or other

characters by which it can be differentiated from other sorts of

the same kind, for example, Marquis wheat, Flat Dutch cabbage,

Manchu soybeans, Oxheart carrot, and so forth.

(13) The term ''type'' means either (A) a group of varieties so

nearly similar that the individual varieties cannot be clearly

differentiated except under special conditions, or (B) when used

with a variety name means seed of the variety named which may be

mixed with seed of other varieties of the same kind and of

similar character, the manner of and the circumstances connected

with the use of the designation to be governed by rules and

regulations prescribed under section 1592 of this title.

(14) The term ''germination'' means the percentage of seeds

capable of producing normal seedlings under ordinarily favorable

conditions (not including seeds which produce weak, malformed, or

obviously abnormal sprouts), determined by methods prescribed

under section 1593 of this title.

(15) The term ''hard seeds'' means the percentage of seeds

which because of hardness or impermeability do not absorb

moisture or germinate under prescribed tests but remain hard

during the period prescribed for germination of the kind of seed

concerned, determined by methods prescribed under section 1593 of

this title.

(16) The term ''inert matter'' means all matter not seeds, and

includes among others broken seeds, sterile florets, chaff,

fungus bodies, and stones, determined by methods prescribed under

section 1593 of this title.

(17) The term ''label'' means the display or displays of

written, printed, or graphic matter upon or attached to the

container of seed.

(18) The term ''labeling'' includes all labels, and other

written, printed, and graphic representations, in any form

whatsoever, accompanying and pertaining to any seed whether in

bulk or in containers, and includes invoices.

(19) The term ''advertisement'' means all representations,

other than those on the label, disseminated in any manner or by

any means, relating to seed within the scope of this chapter.

(20) Subject to such tolerances as the Secretary of Agriculture

is authorized to prescribe under the provisions of this chapter -

(A) the term ''false labeling'' means any labeling which is

false or misleading in any particular;

(B) the term ''false advertisement'' means any advertisement

which is false or misleading in any particular.

(21) The term ''screenings'' shall include chaff, sterile

florets, immature seed, weed seed, inert matter, and any other

materials removed in any way from any seeds in any kind of

cleaning or processing and which contain less than 25 per centum

of live agricultural or vegetable seeds.

(22) The term ''in bulk'' refers to seed when loose either in

vehicles of transportation or in storage, and not to seed in bags

or other containers.

(23) The term ''treated'' means given an application of a

substance or subjected to a process designed to reduce, control,

or repel disease organisms, insects or other pests which attack

seeds or seedlings growing therefrom.

(24) The term ''seed certifying agency'' means (A) an agency

authorized under the laws of a State, Territory, or possession,

to officially certify seed and which has standards and procedures

approved by the Secretary (after due notice, hearings, and full

consideration of the views of farmer users of certified seed and

other interested parties) to assure the genetic purity and

identity of the seed certified, or (B) an agency of a foreign

country determined by the Secretary of Agriculture to adhere to

procedures and standards for seed certification comparable to

those adhered to generally by seed certifying agencies under (A).

-SOURCE-

(Aug. 9, 1939, ch. 615, title I, Sec. 101, 53 Stat. 1275; June 25,

1948, ch. 646, Sec. 1, 62 Stat. 870; Aug. 1, 1956, ch. 852, Sec. 1,

70 Stat. 908; Pub. L. 85-581, Sec. 1-3, Aug. 1, 1958, 72 Stat. 476;

Pub. L. 89-686, Sec. 1-3, 19, Oct. 15, 1966, 80 Stat. 975, 979;

Pub. L. 91-89, Sec. 1, Oct. 17, 1969, 83 Stat. 134; Pub. L. 97-439,

Sec. 5(a), Jan. 8, 1983, 96 Stat. 2288.)

-COD-

CODIFICATION

Section was enacted without a subsec. (b).

Former subsec. (a)(6)(b), which extended the former term

''circuit court of appeals,'' in case the principal place of

business or residence of the person against whom a cease and desist

order was issued was in the District of Columbia, to the United

States Court of Appeals for the District of Columbia, for purposes

of this chapter, has been omitted from the Code as obsolete due to

the enactment of act June 25, 1948. The District of Columbia is now

a judicial circuit under sections 41 and 43 of Title 28, Judiciary

and Judicial Procedure. See, also, Change of Name notes under

sections 1599, 1600, and 1601 of this title.

-MISC3-

AMENDMENTS

1983 - Subsec. (a)(8). Pub. L. 97-439, Sec. 5(a)(1)(B), struck

out ''(A)'' before ''For the purpose of subchapter II of this

chapter''.

Subsec. (a)(8)(A). Pub. L. 97-439, Sec. 5(a)(1)(C), substituted

''(A)'' for ''(i)'' before ''The State into which''.

Subsec. (a)(8)(B). Pub. L. 97-439, Sec. 5(a)(1)(A), (D),

substituted ''(B)'' for ''(ii)'' before ''Puerto Rico, Guam, or

District of Columbia'' and struck out a former subpar. (B) which

had, for purposes of subchapter III, defined ''weed seeds'' to mean

seeds or bulblets of plants found by Secretary to be detrimental to

agricultural interests of the United States or any part thereof.

Subsec. (a)(17). Pub. L. 97-439, Sec. 5(a)(2), redesignated par.

(18) as (17). Former par. (17), which, for purposes of subchapter

III, had defined ''pure live seed'' as the portion of any lot of

seed subject to this chapter consisting of live agricultural or

vegetable seed determined by methods prescribed under section 1593

of this title, was struck out.

Subsec. (a)(18) to (25). Pub. L. 97-439, Sec. 5(a)(2),

redesignated pars. (18) through (25) as (17) through (24),

respectively.

1969 - Subsec. (a)(25). Pub. L. 91-89 inserted provision

authorizing Secretary (after due notice, hearing, and full

consideration of the views of interested parties) to approve of the

standards and procedures of seed certifying agencies authorized

under the laws of a State, Territory, or possession.

1966 - Subsec. (a)(1). Pub. L. 89-686, Sec. 1, struck out

references to ''Alaska,'' and ''Hawaii,'' before and after

''District of Columbia,''.

Subsec. (a)(4). Pub. L. 89-686, Sec. 19, inserted ''treatment''

before ''variety''.

Subsec. (a)(7)(A). Pub. L. 89-686, Sec. 2, redefined

''agricultural seeds'' to be such as are listed in rules and

regulations rather than in statutory text as added to or taken

therefrom pursuant to rules and regulations.

Subsec. (a)(8)(A)(ii), (9)(A)(ii). Pub. L. 89-686, Sec. 1, struck

out reference to ''Alaska, Hawaii,'' before ''Puerto Rico''.

Subsec. (a)(10). Pub. L. 89-686, Sec. 1, struck out references to

''Alaska,'' and ''Hawaii,'' before and after ''District of

Columbia,''.

Subsec. (a)(11). Pub. L. 89-686, Sec. 3, substituted ''soybean,

flax, carrot, radish'' for ''wheat, oat, vetch, sweetclover''.

1958 - Subsec. (a)(7)(A). Pub. L. 85-581, Sec. 1, included sugar

beets in list of seeds subject to this chapter by striking out

''excluding sugar beet'' after ''Beta vulgaris L. - Field beet''.

Subsec. (a)(24). Pub. L. 85-581, Sec. 2, added par. (24).

Subsec. (a)(25). Pub. L. 85-581, Sec. 3, added par. (25).

1956 - Subsec. (a)(8)(A)(ii). Act Aug. 1, 1956, Sec. 1(a),

inserted ''Guam'' after ''Puerto Rico''.

Subsec. (a)(9)(A)(ii). Act Aug. 1, 1956, Sec. 1(b), inserted

''Guam'' after ''Puerto Rico''.

EFFECTIVE DATE OF 1958 AMENDMENT

Pub. L. 85-581, Sec. 16, provided that: ''This Act, and the

amendments (amending sections 1561, 1562, 1571 to 1574, 1581, 1582,

and 1586 of this title) made hereby, shall take effect upon the

date of enactment (Aug. 1, 1958).''

EFFECTIVE DATE

See section 1610 of this title.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding section 491 of Title 48.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1571 of this title.

-CITE-

7 USC Sec. 1562 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER I - DEFINITIONS

-HEAD-

Sec. 1562. False representations as certified seed; required

provisions

-STATUTE-

Any labeling, advertisement, or other representation subject to

this chapter which represents that any seed is certified seed or

any class thereof shall be deemed to be false in this respect

unless (a) it has been determined by a seed certifying agency that

such seed conformed to standards of genetic purity and identity as

to kind or variety, and is in compliance with the rules and

regulations of such agency pertaining to such seed; and (b) the

seed bears an official label issued for such seed by a seed

certifying agency certifying that the seed is of a specified class

and a specified kind or variety. Seed of a variety for which a

certificate of plant variety protection under the Plant Variety

Protection Act (7 U.S.C. 2321 et seq.) specifies sale only as a

class of certified seed shall be certified only when

(1) the basic seed from which the variety was produced

furnished by authority of the owner of the variety if the

certification is made during the term of protection, and

(2) it conforms to the number of generations designated by the

certificate, if the certificate contains such a designation.

-SOURCE-

(Aug. 9, 1939, ch. 615, title I, Sec. 102, as added Pub. L. 85-581,

Sec. 4, Aug. 1, 1958, 72 Stat. 476; amended Pub. L. 91-89, Sec. 2,

Oct. 17, 1969, 83 Stat. 134; Pub. L. 91-577, title III, Sec.

142(b), Dec. 24, 1970, 84 Stat. 1558.)

-REFTEXT-

REFERENCES IN TEXT

The Plant Variety Protection Act, referred to in text, is Pub. L.

91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is

classified principally to chapter 57 (Sec. 2321 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2321 of this title and

Tables.

-MISC2-

AMENDMENTS

1970 - Pub. L. 91-577 inserted provisions setting out conditions

for certification of seed of any variety for which a certificate of

plant variety protection under the Plant Variety Protection Act

specifies sale only as a class of certified seed.

1969 - Pub. L. 91-89 struck out references to registered seed,

and required labels, advertisement, or other representations to

certify that the seed contained therein was determined by a seed

certifying agency to be of a specified class and a specified kind

of variety in conformity with the standards of genetic purity and

identity as to kind or variety.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section

141 of Pub. L. 91-577, set out as an Effective Date note under

section 2321 of this title.

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7 USC SUBCHAPTER II - INTERSTATE COMMERCE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER II - INTERSTATE COMMERCE

.

-HEAD-

SUBCHAPTER II - INTERSTATE COMMERCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1561 of this title.

-CITE-

7 USC Sec. 1571 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER II - INTERSTATE COMMERCE

-HEAD-

Sec. 1571. Prohibitions relating to interstate commerce in certain

seeds

-STATUTE-

It shall be unlawful for any person to transport or deliver for

transportation in interstate commerce -

(a) Any agricultural seeds or any mixture of agricultural seeds

for seeding purposes, unless each container bears a label giving

the following information, in accordance with rules and regulations

prescribed under section 1592 of this title.

(1) The name of the kind or kind and variety for each

agricultural seed component present in excess of 5 per centum of

the whole and the percentage by weight of each: Provided, That

(A), except with respect to seed mixtures intended for lawn and

turf purposes, if any such component is one which the Secretary

of Agriculture has determined, in rules and regulations

prescribed under section 1592 of this title, is generally labeled

as to variety, the label shall bear, in addition to the name of

the kind, either the name of such variety or the statement

''Variety Not Stated'', (B) in the case of any such component

which is a hybrid seed it shall, in addition to the above

requirements, be designated as hybrid on the label, and (C) seed

mixtures intended for lawn and turf purposes shall be designated

as a mixture on the label and each seed component shall be listed

on the label in the order of predominance;

(2) Lot number or other identification;

(3) Origin, stated in accordance with paragraph (a)(1) of this

section, of each agricultural seed present which has been

designated by the Secretary of Agriculture as one on which a

knowledge of the origin is important from the standpoint of crop

production, if the origin is known, and if each such seed is

present in excess of 5 per centum. If the origin of such

agricultural seed or seeds is unknown, that fact shall be stated;

(4) Percentage by weight of weed seeds, including noxious-weed

seeds;

(5) Kinds of noxious-weed seeds and the rate of occurrence of

each, which rate shall be expressed in accordance with and shall

not exceed the rate allowed for shipment, movement, or sale of

such noxious-weed seeds by the law and regulations of the State

into which the seed is offered for transportation or transported

or in accordance with the rules and regulations of the Secretary

of Agriculture, when under the provisions of section

1561(a)(9)(A)(iii) of this title he shall determine that weeds

other than those designated by State requirements are noxious;

(6) Percentage by weight of agricultural seeds other than those

included under paragraph (a)(1) of this section;

(7) Percentage by weight of inert matter;

(8) For each agricultural seed, in excess of 5 per centum of

the whole, stated in accordance with paragraph (a)(1) of this

section, and each kind or variety or type of agricultural seed

shown in the labeling to be present in a proportion of 5 per

centum or less of the whole, (A) percentage of germination,

exclusive of hard seed, (B) percentage of hard seed, if present,

and (C) the calendar month and year the test was completed to

determine such percentages, except that, in the case of a seed

mixture, it is only necessary to state the calendar month and

year of such test for the kind or variety or type of agricultural

seed contained in such mixture which has the oldest calendar

month and year test date among the tests conducted on all the

kinds or varieties or types of agricultural seed contained in

such mixture;

(9) Name and address of (A) the person who transports, or

delivers for transportation, said seed in interstate commerce, or

(B) the person to whom the seed is sold or shipped for resale,

together with a code designation approved by the Secretary of

Agriculture under rules and regulations prescribed under section

1592 of this title, indicating the person who transports or

delivers for transportation said seed in interstate commerce;

(10) The year and month beyond which an inoculant, if shown in

the labeling, is no longer claimed to be effective.

(b) Any vegetable seeds, for seeding purposes, in containers,

unless each container bears a label giving the following

information in accordance with rules and regulations prescribed

under section 1592 of this title:

(1) For containers of one pound or less of seed that germinates

equal to or above the standard last established by the Secretary

of Agriculture, as provided under section 1593(c) of this title -

(A) The name of each kind and variety of seed, and if two or

more kinds or varieties are present, the percentage of each,

and further, that in the case of any such component which is a

hybrid seed, it shall be designated as hybrid on the label; and

(B) Name and address of -

(i) the person who transports, or delivers for

transportation, said seed in interstate commerce; or

(ii) the person to whom the seed is sold or shipped for

resale, together with a code designation approved by the

Secretary of Agriculture under rules and regulations

prescribed under section 1592 of this title, indicating the

person who transports or delivers for transportation said

seed in interstate commerce;

(2) For containers of one pound or less of seed that germinates

less than the standard last established by the Secretary of

Agriculture, as provided under section 1593(c) of this title -

(A) The name of each kind and variety of seed, and if two or

more kinds or varieties are present, the percentage of each,

and further, that in the case of any such component which is a

hybrid seed, it shall be designated as hybrid on the label; and

(B) For each named kind and variety of seed -

(i) the percentage of germination, exclusive of hard seed;

(ii) the percentage of hard seed, if present;

(iii) the calendar month and year the test was completed to

determine such percentages;

(iv) the words ''Below Standard''; and

(C) Name and address of -

(i) the person who transports, or delivers for

transportation, said seed in interstate commerce; or

(ii) the person to whom the seed is sold or shipped for

resale, together with a code designation approved by the

Secretary of Agriculture under rules and regulations

prescribed under section 1592 of this title, indicating the

person who transports or delivers for transportation said

seed in interstate commerce.

(3) For containers of more than one pound of seed -

(A) The name of each kind and variety of seed, and if two or

more kinds or varieties are present, the percentage of each

and, further, that in the case of any such component which is a

hybrid seed, it shall be designated as hybrid on the label;

(B) Lot number or other lot identification;

(C) For each named kind and variety of seed -

(i) the percentage of germination, exclusive of hard seed;

(ii) the percentage of hard seed, if present;

(iii) the calendar month and year the test was completed to

determine such percentages; and

(D) Name and address of -

(i) the person who transports, or delivers for

transportation, said seed in interstate commerce; or

(ii) the person to whom the seed is sold or shipped for

resale, together with a code designation approved by the

Secretary of Agriculture under rules and regulations

prescribed under section 1592 of this title, indicating the

person who transports or delivers for transportation said

seed in interstate commerce.

(c) Any agricultural or vegetable seed unless the test to

determine the percentage of germination required by this section

shall have been completed within a five-month period, exclusive of

the calendar month in which the test was completed, immediately

prior to transportation or delivery for transportation in

interstate commerce: Provided, however, That the Secretary of

Agriculture may by rules and regulations designate: (1) a shorter

period for kinds of agricultural or vegetable seed which he finds

under ordinary conditions of handling will not maintain, during the

aforesaid five-month period, a germination within the established

limits of tolerance; or (2) a longer period for any kind of

agricultural or vegetable seed which (A) is packaged in such

container materials and under such other conditions prescribed by

the Secretary of Agriculture as he finds will, during such longer

period, maintain the viability of said seed under ordinary

conditions of handling; or (B) the Secretary finds will maintain a

percentage of germination within the limits of tolerance

established under this chapter under ordinary conditions of

handling.

(d) Any agricultural seeds or vegetable seeds having a false

labeling, or pertaining to which there has been a false

advertisement, or to sell or offer for sale such seed for

interstate shipment by himself or others.

(e) Seed which is required to be stained under the provisions of

this chapter and the regulations made and promulgated thereunder,

and is not so stained.

(f) Seed which has been stained to resemble seed stained in

accordance with the provisions of this chapter and the regulations

made and promulgated thereunder.

(g) Seed which is a mixture of seeds which are required to be

stained or which are stained with different colors under the

provisions of this chapter and of the regulations made and

promulgated thereunder, or which is a mixture of any seed required

to be stained under the provisions of this chapter and of the

regulations made and promulgated thereunder, with seed of the same

kind produced in the United States.

(h) Screenings of any seed subject to this chapter, unless they

are not intended for seeding purposes; and it is stated on the

label, if in containers, or on the invoice if in bulk, that they

are intended for cleaning, processing, or manufacturing purposes,

and not for seeding purposes.

(i) Any agricultural seeds or any mixture thereof or any

vegetable seeds or any mixture thereof, for seeding purposes, that

have been treated, unless each container thereof bears a label

giving the following information and statements in accordance with

rules and regulations prescribed under section 1592 of this title:

(1) A word or statement indicating that the seeds have been

treated;

(2) The commonly accepted coined, chemical (generic), or

abbreviated chemical name of any substance used in such

treatment;

(3) If the substance used in such treatment in the amount

remaining with the seeds is harmful to humans or other vertebrate

animals, an appropriate caution statement approved by the

Secretary of Agriculture as adequate for the protection of the

public, such as ''Do not use for food or feed or oil purposes'':

Provided, That the caution statement for mercurials and similarly

toxic substances, as defined in said rules and regulations, shall

be a representation of a skull and crossbones and a statement

such as ''This seed has been treated with POISON'', in red

letters on a background of distinctly contrasting color; and

(4) A description, approved by the Secretary of Agriculture as

adequate for the protection of the public, of any process used in

such treatment.

-SOURCE-

(Aug. 9, 1939, ch. 615, title II, Sec. 201, 53 Stat. 1279; Pub. L.

85-581, Sec. 5-8, Aug. 1, 1958, 72 Stat. 476; Pub. L. 89-686, Sec.

4-10, Oct. 15, 1966, 80 Stat. 975-977; Pub. L. 97-439, Sec. 2-4,

Jan. 8, 1983, 96 Stat. 2287.)

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-439, Sec. 2(a), struck out '',

except as provided in paragraph (j) of this section for seed

mixtures intended for lawn and turf purposes,'' after ''following

information'' in provisions preceding par. (1).

Subsec. (a)(1)(A). Pub. L. 97-439, Sec. 2(b)(1), inserted ''(A),

except with respect to seed mixtures intended for lawn and turf

purposes,'' after ''Provided, That''.

Subsec. (a)(1)(B). Pub. L. 97-439, Sec. 2(b)(2), substituted '',

(B)'' for '': And provided further, That''.

Subsec. (a)(1)(C). Pub. L. 97-439, Sec. 2(b)(3), added cl. (C).

Subsec. (a)(8). Pub. L. 97-439, Sec. 3, inserted exception

relating to the case of a seed mixture.

Subsec. (c)(1). Pub. L. 97-439, Sec. 4(1), substituted ''(1)''

for ''(a)''.

Subsec. (c)(2). Pub. L. 97-439, Sec. 4(2), substituted ''(2)''

for ''(b)''.

Subsec. (c)(2)(A). Pub. L. 97-439, Sec. 4(3), inserted ''(A)''

after ''vegetable seed which''.

Subsec. (c)(2)(B). Pub. L. 97-439, Sec. 4(4), added cl. (B).

Subsec. (j). Pub. L. 97-439, Sec. 2(c), struck out subsec. (j)

which directed that seed mixtures intended for lawn and turf

purposes be transported or delivered for transport in interstate

commerce in containers of fifty pounds or less, and specified the

information to be placed on the label.

1966 - Subsec. (a). Pub. L. 89-686, Sec. 4, inserted in

introductory text, '', except as provided in subsection (j) of this

section for seed mixtures intended for lawn and turf purposes,''.

Subsec. (a)(1). Pub. L. 89-686, Sec. 5, amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''The

name of (A) kind, or (B) kind and variety, or (C) kind and type,

for each agricultural seed component present in excess of 5 per

centum of the whole and the percentage by weight of each: Provided,

That such components are expressed in accordance with the category

designated under (A), (B), or (C);''.

Subsec. (a)(10). Pub. L. 89-686, Sec. 6, added par. (10).

Subsec. (b). Pub. L. 89-686, Sec. 7, substituted provisions

respecting labeling requirements for containers of one pound or

less of seed that germinates equal to or above the standard last

established by the Secretary of Agriculture in par. (1), containers

of one pound or less of seed that germinates less than the standard

last established by the Secretary in par. (2), and containers of

more than one pound of seed in par. (3), for former labeling

requirements which prescribed in par. (1) name of each kind and

variety of seed and if two or more kinds or varieties are present,

the percentage of each, in par. (2) for each variety of vegetable

seed which germinates less than the standard last established by

the Secretary of Agriculture, as provided under section 1593(c) of

this title, the percentage of germination, exclusive of hard seed;

(ii) percentage of hard seed, if present; (iii) the calendar month

and year the test was completed to determine such percentages; (iv)

the words ''Below Standard''; and in par. (3), name and address of

-

(A) the person who transports, or delivers for transportation,

said seed in interstate commerce; or

(B) the person to whom the seed is sold or shipped for resale,

together with a code designation approved by the Secretary of

Agriculture under rules and regulations prescribed under section

1592 of this title, indicating the person who transports or

delivers for transportation said seed in interstate commerce.

Subsec. (c). Pub. L. 89-686, Sec. 8, substituted in cl. (b) ''a

longer period for any kind of agricultural or vegetable seed which

is packaged in such container materials and under such other

conditions prescribed by the Secretary of Agriculture as he finds

will, during such longer period, maintain the viability of said

seed under ordinary conditions of handling'' for ''a longer period

not to exceed nine months, exclusive of the calendar month in which

the test was completed, for kinds of agricultural or vegetable seed

which he finds under ordinary conditions of handling will maintain

during such longer period a germination within the established

limits of tolerance''.

Subsec. (i)(4). Pub. L. 89-686, Sec. 9, transposed ''of any

process used in such treatment'' which followed ''description'' to

end of sentence, inserting a comma preceding such phrase.

Subsec. (j). Pub. L. 89-686, Sec. 10, added subsec. (j).

1958 - Subsec. (a)(8). Pub. L. 85-581, Sec. 5, inserted ''and

each kind or variety or type of agricultural seed shown in the

labeling to be present in a proportion of 5 per centum or less of

the whole''.

Subsec. (b)(1). Pub. L. 85-581, Sec. 6, required label on

container to show percentage where two or more varieties of seed

are present.

Subsec. (b)(2). Pub. L. 85-581, Sec. 7, substituted ''For each

variety of vegetable seed'' for ''For seeds''.

Subsec. (i). Pub. L. 85-581, Sec. 8, added subsec. (i).

EFFECTIVE DATE

See section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1573, 1593 of this title.

-CITE-

7 USC Sec. 1572 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER II - INTERSTATE COMMERCE

-HEAD-

Sec. 1572. Records

-STATUTE-

All persons transporting, or delivering for transportation, in

interstate commerce, agricultural seeds shall keep for a period of

three years a complete record of origin, treatment, germination,

and purity of each lot of such agricultural seeds, and all persons

transporting, or delivering for transportation, in interstate

commerce, vegetable seeds shall keep for a period of three years a

complete record of treatment, germination and variety of such

vegetable seeds. The Secretary of Agriculture, or his duly

authorized agents, shall have the right to inspect such records for

the purpose of the effective administration of this chapter.

-SOURCE-

(Aug. 9, 1939, ch. 615, title II, Sec. 202, 53 Stat. 1281; Pub. L.

85-581, Sec. 9, Aug. 1, 1958, 72 Stat. 477; Pub. L. 89-686, Sec.

11, Oct. 15, 1966, 80 Stat. 978.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-686 required record of treatment of

agricultural and vegetable seeds.

1958 - Pub. L. 85-581 required keeping of records of vegetable

seeds.

EFFECTIVE DATE

See section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1573 of this title.

-CITE-

7 USC Sec. 1573 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER II - INTERSTATE COMMERCE

-HEAD-

Sec. 1573. Exemptions

-STATUTE-

(a) Carrier transporting seeds

The provisions of sections 1571 and 1572 of this title shall not

apply to any carrier in respect to any seed transported or

delivered for transportation in the ordinary course of its business

as a carrier: Provided, That such carrier is not engaged in

processing or merchandising seed subject to the provisions of this

chapter; and such provisions shall not apply to seeds produced by

any farmer on his own premises and sold by him directly to the

consumer, provided such farmer is not engaged in the business of

selling seeds not produced by him: And provided further, That such

seeds produced or sold by him when transported or offered for

transportation to any State, Territory, or District, shall not be

exempted from the provisions of sections 1571 and 1572 of this

title unless said seeds shall be in compliance with the operation

and effect of the laws of such State, Territory, or District,

enacted in the exercise of its police power, to the same extent and

in the same manner as though such seed had been produced, sold,

offered or exposed for sale in such State, Territory, or District,

and shall not be exempted therefrom by reason of being introduced

therein in original packages or otherwise: And provided further,

That such seeds produced or sold by him are in compliance with the

seed laws of the State into which the seed is transported.

(b) Seeds not for seeding purposes

The provisions of section 1571(a), (b), or (i) of this title

shall not apply -

(1) to seed or grain not intended for seeding purposes when

transported or offered for transportation in ordinary channels of

commerce usual for such seed or grain intended for manufacture or

for feeding; or

(2) to seed intended for seeding purposes when transported or

offered for transportation in interstate commerce -

(A) if in bulk, in which case, however, the invoice or other

records accompanying and pertaining to such seed shall bear the

various statements required for the respective seeds under

section 1571(a), (b), and (i) of this title; or

(B) if in containers and in quantities of twenty thousand

pounds or more: Provided, That (i) the omission from each

container of the information required under section 1571(a),

(b), and (i) of this title is with the knowledge and consent of

the consignee prior to the transportation or delivery for

transportation of such seed in interstate commerce, (ii) each

container shall have stenciled upon it or bear a label

containing a lot designation, and (iii) the invoice or other

records accompanying and pertaining to such seed shall bear the

various statements required for the respective seeds under

section 1571(a), (b), and (i) of this title; or

(C) if consigned to a seed cleaning or processing

establishment, to be cleaned or processed for seeding purposes:

Provided, That (i) this fact is so stated in the invoice or

other records accompanying and pertaining to such seed if the

seed is in bulk or if the seed is in containers and in

quantities of twenty thousand pounds or more, (ii) this fact is

so stated on attached labels if the seed is in containers and

in quantities less than twenty thousand pounds, and (iii) any

such seed later to be labeled as to origin and/or variety shall

be labeled as to origin and/or variety in accordance with rules

and regulations prescribed under section 1592 of this title.

(c) Emergency preventing presentation of information

When the Secretary of Agriculture finds that, because of the time

interval between seed harvesting and sowing, or because of an

emergency beyond human control, the information required by this

chapter as to the germination, and hard seed of certain kinds of

seeds, cannot be given prior to transportation or delivery for

transportation in interstate commerce, he may promulgate, with or

without a hearing, rules and regulations providing that the

provisions of section 1571(a) and (b) of this title as to the

required labeling for germination and hard seed shall not apply for

such period and to such kinds of seed as he may specify in his said

rules and regulations.

(d) Intermixture of unidentified seeds; percentages of kind or kind

and variety of seeds

The provisions of sections 1571(a) and (b) of this title relative

to the labeling of agricultural and vegetable seeds with the

percentages of the kind or kind and variety of seeds shall not be

deemed violated if there are seeds in the container or bulk which

could not be, or were not, identified because of their

indistinguishability in appearance from the seeds intended to be

transported or delivered for transportation in interstate commerce:

Provided, That the records of the person charged with the duty

under said section of labeling or invoicing the seeds, kept in

accordance with the rules and regulations of the Secretary of

Agriculture, together with other pertinent facts, disclose that

said person has taken reasonable precautions to insure the identity

of the seeds to be that stated.

(e) Name of substance used in treatment of seeds

The provisions of section 1571(i) of this title relative to the

labeling of agricultural and vegetable seeds with the name of any

substance used in the treatment of seeds shall not be deemed

violated if the substance or substances used in such treatment

could not be or were not identified because of their

indistinguishability from the substance or substances intended to

be used in the treatment of the seeds: Provided, That the records

of the person charged with the duty under said section of labeling

or invoicing the seeds, kept in accordance with the rules and

regulations of the Secretary of Agriculture, together with other

pertinent facts, disclosed that said person has taken reasonable

precautions to insure the identity of the substance or substances

to be as stated.

-SOURCE-

(Aug. 9, 1939, ch. 615, title II, Sec. 203, 53 Stat. 1281; Pub. L.

85-581, Sec. 10, Aug. 1, 1958, 72 Stat. 477; Pub. L. 89-686, Sec.

12, Oct. 15, 1966, 80 Stat. 978.)

-MISC1-

AMENDMENTS

1966 - Subsec. (d). Pub. L. 89-686, Sec. 12(a), substituted ''the

kind or kind and variety of seeds'', ''if there are seeds'', '':

Provided, That'', and ''reasonable precautions to insure the

identity of the seed to be that stated'' for ''the kind or variety

or type of seeds'', ''if there be other seeds'', '', provided

that'', and ''proper precautions to insure the identity to be that

stated'', respectively.

Subsec. (e). Pub. L. 89-686, Sec. 12(b), added subsec. (e).

1958 - Subsec. (b). Pub. L. 85-581 inserted references to section

1571(i) of this title and eased labeling requirements with respect

to shipment of seed in containers and in quantities of twenty

thousand pounds or more.

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1574 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER II - INTERSTATE COMMERCE

-HEAD-

Sec. 1574. Disclaimers, limited warranties and nonwarranties

-STATUTE-

The use of a disclaimer, limited warranty, or nonwarranty clause

in any invoice, advertising, labeling, or written, printed, or

graphic matter, pertaining to any seed shall not constitute a

defense, or be used as a defense in any way, in any prosecution or

other proceeding brought under the provisions of this chapter, or

the rules and regulations made and promulgated thereunder. Nothing

in this section is intended to preclude the use of a disclaimer,

limited warranty, or nonwarranty clause as a defense in any

proceeding not brought under this chapter.

-SOURCE-

(Aug. 9, 1939, ch. 615, title II, Sec. 204, 53 Stat. 1282; July 9,

1956, ch. 520, Sec. 2, 70 Stat. 508; Pub. L. 85-581, Sec. 11, Aug.

1, 1958, 72 Stat. 478.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-581 precluded use of limited warranty clause as

defense in prosecution or other proceeding brought under provisions

of this chapter and stated that use of enumerated clauses as

defenses in proceedings not brought under this chapter is not

barred.

1956 - Act July 9, 1956, substituted ''or other proceeding'' for

'', or in any proceeding for confiscation of seeds,''.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendments made by act July 9, 1956, applicable only with respect

to violations occurring after July 9, 1956, see note set out under

section 1596 of this title.

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1575 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER II - INTERSTATE COMMERCE

-HEAD-

Sec. 1575. False advertising

-STATUTE-

It shall be unlawful for any person to disseminate, or cause to

be disseminated, any false advertisement concerning seed, by the

United States mails, or in interstate or foreign commerce, in any

manner or by any means, including radio broadcasts: Provided,

however, That no person, advertising agency, or medium for the

dissemination of advertising, except the person who transported,

delivered for transportation, sold, or offered for sale seed to

which the false advertisement relates, shall be liable under this

section by reason of disseminating or causing to be disseminated

any false advertisement, unless he or it has refused, on the

request of the Secretary of Agriculture, to furnish the Secretary

the name and post-office address of the person, or advertising

agency, residing in the United States, who caused, directly or

indirectly, the dissemination of such advertisement.

-SOURCE-

(Aug. 9, 1939, ch. 615, title II, Sec. 205, 53 Stat. 1282.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC SUBCHAPTER III - FOREIGN COMMERCE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER III - FOREIGN COMMERCE

.

-HEAD-

SUBCHAPTER III - FOREIGN COMMERCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1561, 1592 of this

title; title 6 section 231.

-CITE-

7 USC Sec. 1581 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER III - FOREIGN COMMERCE

-HEAD-

Sec. 1581. Prohibitions relating to importations

-STATUTE-

The importation into the United States is prohibited of -

(1) any agricultural or vegetable seeds if any such seed

contains noxious-weed seeds or the labeling of which is false or

misleading in any respect;

(2) screenings of any seeds subject to this subchapter (except

that this shall not apply to screenings of wheat, oats, rye,

barley, buckwheat, field corn, sorghum, broomcorn, flax, millet,

proso, soybeans, cowpeas, field peas, or field beans, which are

not imported for seeding purposes and are declared for cleaning,

processing, or manufacturing purposes, and not for seeding

purposes);

(3) any seed containing 10 per centum or more of any

agricultural or vegetable seeds, unless the invoice pertaining to

such seed and any other labeling of such seed bear a lot

identification and the name of each kind and variety of vegetable

seed present in any amount and each kind or kind and variety of

agricultural seed present in excess of 5 per centum of the whole,

and unless in the case of hybrid seed present in excess of 5 per

centum of the whole it is designated as hybrid. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(4) any agricultural seeds or any mixture thereof, or any

vegetable seeds or any mixture thereof, for seeding purposes,

that have been treated, unless each container thereof bears a

label giving the following information and statements in

accordance with rules and regulations prescribed under section

1592 of this title:

(A) A word or statement indicating that the seeds have been

treated;

(B) The commonly accepted coined, chemical (generic), or

abbreviated chemical name of any substance used in such

treatment;

(C) If the substance used in such treatment in the amount

remaining with the seeds is harmful to humans or other

vertebrate animals, an appropriate caution statement approved

by the Secretary of Agriculture as adequate for the protection

of the public, such as ''Do not use for food or feed or oil

purposes''; Provided, That the caution statement for mercurials

and similarly toxic substances, as defined in said rules and

regulations, shall be a representation of a skull and

crossbones and a statement such as ''This seed has been treated

with POISON'', in red letters on a background of distinctly

contrasting color; and

(D) A description, approved by the Secretary of Agriculture

as adequate for the protection of the public, of any process

used in such treatment.

-SOURCE-

(Aug. 9, 1939, ch. 615, title III, Sec. 301, 53 Stat. 1282; Pub. L.

85-581, Sec. 12, Aug. 1, 1958, 72 Stat. 478; Pub. L. 89-686, Sec.

13, 14, Oct. 15, 1966, 80 Stat. 978; Pub. L. 97-439, Sec. 5(b)(1),

Jan. 8, 1983, 96 Stat. 2288; Pub. L. 103-465, title IV, Sec.

441(1), Dec. 8, 1994, 108 Stat. 4973.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 struck out ''(a)'' before ''The

importation'' in introductory provisions, struck out '', or is

required to be stained and is not so stained, under the terms of

this subchapter,'' after ''noxious-weed seeds'' in par. (1),

redesignated pars. (4) and (5) as (3) and (4), respectively, and

struck out former par. (3) which read as follows: ''any seed

containing 10 per centum or more of the seeds of alfalfa or red

clover, which has been stained prior to being offered for entry in

a manner that does not permit compliance with the provisions of

this subchapter and the regulations made and promulgated

thereunder.''

1983 - Subsec. (a)(1). Pub. L. 97-439 substituted ''any

agricultural or vegetable seeds if any such seed contains noxious

weed seeds'' for ''any seed containing 10 per centum or more of any

agricultural or vegetable seeds if any such seed is adulterated or

unfit for seeding purposes''.

1966 - Subsec. (a)(4). Pub. L. 89-686, Sec. 13, prohibited

importation of any seed containing 10 per centum or more of any

agricultural seeds and prescribed as additional prerequisites to

importation a lot identification for the invoice and any other

labeling, the kind and variety of seed present in any amount, each

kind or kind and variety of seed present in excess of 5 per centum

of the whole, and hybrid designation in case of hybrid seed present

in excess of 5 per centum of the whole.

Subsec. (a)(5). Pub. L. 89-686, Sec. 14, added par. (5).

1958 - Subsec. (a)(4). Pub. L. 85-581 added par. (4).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date of entry into

force of the WTO Agreement with respect to the United States (Jan.

1, 1995), except as otherwise provided, see section 451 of Pub. L.

103-465, set out as an Effective Date note under section 3601 of

Title 19, Customs Duties.

EFFECTIVE DATE

See section 1610 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this subchapter to the Secretary of Homeland Security, and

for treatment of related references, see sections 231, 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 1582 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER III - FOREIGN COMMERCE

-HEAD-

Sec. 1582. Procedure relating to importations; disposal of refuse;

exceptions

-STATUTE-

(a) The Secretary of the Treasury shall deliver to the Secretary

of Agriculture, subject to joint rules and regulations prescribed

under section 1592 of this title, samples of seed and screenings

which are being imported into the United States, or offered for

import, giving notice thereof to the owner or consignee, and if it

appears from the examination of such samples that any seed or

screenings offered to be imported into the United States are

subject to the provisions of this subchapter and do not comply with

the provisions of this subchapter, or if the labeling of such seed

is false or misleading in any respect, such seed or screenings

shall be refused admission, and the Secretary of the Treasury shall

refuse delivery to the owner or consignee, who may appear, however,

before the Secretary of Agriculture and show cause why the seed or

screenings should be admitted. Seed or screenings refused

admission and not exported by the owner or consignee within twelve

months from the date of notice of such refusal shall be destroyed

in accordance with joint rules and regulations prescribed under

section 1592 of this title: Provided, That the Secretary of the

Treasury may authorize the delivery of seed or screenings which are

being imported or offered for import to the owner or consignee

thereof, pending decision as to the admission of such seed or

screenings and for cleaning, labeling, or other reconditioning if

required to bring such seed or screenings into compliance with the

provisions of this chapter, upon the execution by such owner or

consignee of a good and sufficient bond conditioned upon redelivery

of the seed or screenings upon demand unless redelivery is waived

because the seed is reconditioned to bring it into compliance with

this chapter or is destroyed under Government supervision under

this chapter, and providing for the payment of such liquidated

damages in the event of default as may be required pursuant to

regulations of the Secretary of the Treasury: And provided further,

That all expenses incurred by the United States (including travel,

per diem or subsistence, and salaries of officers or employees of

the United States) in connection with the supervision of cleaning,

labeling, other reconditioning, or destruction, of seed or

screenings under this subchapter shall be reimbursed to the United

States by the owner or consignee of the seed or screenings, and

such reimbursements shall be recredited to the appropriation from

which the expenses were paid, the amount of such expenses to be

determined in accordance with joint regulations under section 1592

of this title, and all expenses in connection with the storage,

cartage, and labor on the seed or screenings which are refused

admission or delivery, shall be paid by the owner or consignee, and

in default of such payment shall constitute a lien against future

importations made by such owner or consignee.

(b) The refuse from any seeds or screenings which are allowed to

be cleaned under bond shall be destroyed in accordance with joint

rules and regulations prescribed under section 1592 of this title.

(c) The provisions of this subchapter shall not apply -

(1) when seed is shipped in bond through the United States, or

(2) 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, and he provides by rules and

regulations that seed of such kind not imported for seeding

purposes shall be exempted from the provisions of the chapter:

Provided, That importations of such kinds of seed shall be

accompanied by a declaration setting forth the use for which

imported when and as required under joint rules and regulations

prescribed under section 1592 of this title.

(d) The provisions of this subchapter prohibiting the importation

of seed shall not apply -

(1) when seed grown in the United States is returned from a

foreign country without having been admitted into the commerce of

any foreign country: Provided, That there is satisfactory proof

as provided for in the joint rules and regulations prescribed

under section 1592 of this title, that the seed was grown in the

United States and was not admitted into the commerce of a foreign

country and was not commingled with other seed, or

(2) when seed is imported for sowing for experimental or

breeding purposes and not for sale: Provided, That declarations

are filed, and importations are limited in quantity, as provided

for in the rules and regulations prescribed under section 1592 of

this title, to assure that the importations are for experimental

or breeding purposes.

-SOURCE-

(Aug. 9, 1939, ch. 615, title III, Sec. 302, 53 Stat. 1283; Pub. L.

85-581, Sec. 13, 14, Aug. 1, 1958, 72 Stat. 478, 479; Pub. L.

89-686, Sec. 15-17, Oct. 15, 1966, 80 Stat. 979; Pub. L. 97-439,

Sec. 5(b)(2), (3), Jan. 8, 1983, 96 Stat. 2288; Pub. L. 100-449,

title III, Sec. 301(e), Sept. 28, 1988, 102 Stat. 1868; Pub. L.

103-182, title III, Sec. 361(a), Dec. 8, 1993, 107 Stat. 2122; Pub.

L. 103-465, title IV, Sec. 441(2), Dec. 8, 1994, 108 Stat. 4973.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-465, Sec. 441(2)(A), struck out

''staining,'' before ''cleaning, labeling,'' in two places.

Subsec. (e). Pub. L. 103-465, Sec. 441(2)(B), struck out subsec.

(e) which read as follows: ''The provisions of this subchapter

requiring certain seeds to be stained shall not apply -

''(1) to alfalfa or clover seed originating in Canada or

Mexico, or

''(2) when seeds otherwise required to be stained will not be

sold within the United States and will be used for seed

production only by or for the importer or consignee and the

importer of record or consignee files a statement in accordance

with the rules and regulations prescribed under section 1592 of

this title certifying that such seeds will be used only for seed

production by or for the importer or consignee.''

1993 - Subsec. (e)(1). Pub. L. 103-182 inserted ''or Mexico''

after ''Canada''.

1988 - Pub. L. 100-449 amended subsec. (e) generally. Prior to

amendment, subsec. (e) read as follows: ''The provisions of this

subchapter requiring certain seeds to be stained shall not apply

when such seed will not be sold within the United States and will

be used for seed production only by or for the importer or

consignee: Provided, That the importer of record or consignee files

a statement in accordance with the rules and regulations prescribed

under section 1592 of this title certifying that such seed will be

used only for seed production by or for the importer or

consignee.''

1983 - Subsec. (a). Pub. L. 97-439, Sec. 5(b)(2), struck out

provision that Secretary may apply statistical sampling and

inspection techniques to samples and screenings to determine

whether pure-live seed requirement of any kind of seed was being

met, in event of which he was to advise importer of each lot of

seed not examined for pure-live seed percentage.

Subsec. (d). Pub. L. 97-439, Sec. 5(b)(3)(A), struck out ''that

is adulterated or unfit for seeding purposes'' after ''importation

of seed'' in provisions preceding par. (1).

Subsec. (d)(3). Pub. L. 97-439, Sec. 5(b)(3)(B), struck out cl.

(3) which described the situation when seed not meeting the

pure-live seed requirements of section 1584 of this title would not

be sold within the United States and would be used for seed

production only by or for the importer or consignee, providing that

the importer of record or consignee filed a statement in accordance

with the rules and regulations prescribed under section 1592 of

this title certifying that such seed would be used only for seed

production by or for the importer or consignee.

1966 - Subsec. (a). Pub. L. 89-686, Sec. 15, authorized Secretary

of Agriculture to apply statistical sampling and inspection

techniques to samples and screenings to determine whether the

pure-live seed requirement of any kind of seed is being met and to

advise importer of each lot of seed not examined for pure-live seed

percentage.

Subsec. (d)(3). Pub. L. 89-686, Sec. 16, added par. (3).

Subsec. (e). Pub. L. 89-686, Sec. 17, added subsec. (e).

1958 - Subsec. (a). Pub. L. 85-851, Sec. 13, inserted ''owner

or'' before ''consignee'' wherever appearing, except in the two

provisos, changed first proviso to bring its wording in line with

practices generally followed with other commodities illegally

placed into consumption, and provided in second proviso for

reimbursement of all costs to the Federal Government incident to

supervision required under this chapter.

Subsec. (d). Pub. L. 85-581, Sec. 14, added subsec. (d).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date of entry into

force of the WTO Agreement with respect to the United States (Jan.

1, 1995), except as otherwise provided, see section 451 of Pub. L.

103-465, set out as an Effective Date note under section 3601 of

Title 19, Customs Duties.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on the date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on the date the Agreement ceases

to be in force, see section 501(a), (c), of Pub. L. 100-449, set

out in a note under section 2112 of Title 19, Customs Duties.

EFFECTIVE DATE

See section 1610 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this subchapter to the Secretary of Homeland Security, and

for treatment of related references, see sections 231, 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 1583, 1584 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER III - FOREIGN COMMERCE

-HEAD-

Sec. 1583, 1584. Repealed. Pub. L. 97-439, Sec. 5(b)(4), Jan. 8,

1983, 96 Stat. 2288

-MISC1-

Section 1583, act Aug. 9, 1939, ch. 615, title III, Sec. 303, 53

Stat. 1283, related to adulterated seed.

Section 1584, acts Aug. 9, 1939, ch. 615, title III, Sec. 304, 53

Stat. 1284; Oct. 15, 1966, Pub. L. 89-686, Sec. 18, 80 Stat. 979,

related to seed unfit for seeding purposes.

-CITE-

7 USC Sec. 1585 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER III - FOREIGN COMMERCE

-HEAD-

Sec. 1585. Certain seeds not adapted for general agricultural use

-STATUTE-

Whenever the Secretary of Agriculture, after a public hearing,

determines that seed of alfalfa or red clover from any foreign

country is not adapted for general agricultural use in the United

States, the Secretary shall publish the determination and the

reasons for the determination.

-SOURCE-

(Aug. 9, 1939, ch. 615, title III, Sec. 303, as added Pub. L.

103-465, title IV, Sec. 441(3), Dec. 8, 1994, 108 Stat. 4973.)

-MISC1-

PRIOR PROVISIONS

A prior section 1585, act Aug. 9, 1939, ch. 615, title III, Sec.

303, formerly Sec. 305, 53 Stat. 1284; renumbered Sec. 303, Jan. 8,

1983, Pub. L. 97-439, Sec. 5(b)(4), 96 Stat. 2288, related to

requirement that certain seeds containing alfalfa and/or red clover

be stained, prior to repeal by Pub. L. 103-465, title IV, Sec.

441(3), Dec. 8, 1994, 108 Stat. 4973.

EFFECTIVE DATE

Section effective on the date of entry into force of the WTO

Agreement with respect to the United States (Jan. 1, 1995), except

as otherwise provided, see section 451 of Pub. L. 103-465, set out

as a note under section 3601 of Title 19, Customs Duties.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this subchapter to the Secretary of Homeland Security, and

for treatment of related references, see sections 231, 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 1586 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER III - FOREIGN COMMERCE

-HEAD-

Sec. 1586. Certain acts prohibited

-STATUTE-

It shall be unlawful for any person -

(a) To sell or offer for sale -

(1) any seed for seeding purposes if imported under this

subchapter for other than seeding purposes;

(2) any screenings of any seeds for seeding purposes if

imported under this subchapter for other than seeding purposes;

or

(3) any seed which is prohibited entry under the provisions of

this chapter.

(b) To make any false or misleading representation with respect

to any seed subject to this subchapter being imported into the

United States or offered for import: Provided, That this subsection

shall not be deemed violated by any person if the false or

misleading representation is the name of a variety

indistinguishable in appearance from the seed being imported or

offered for import and the records and other pertinent facts reveal

that such person relied in good faith upon representations with

respect to the name of the indistinguishable variety made by the

shipper of the seed.

-SOURCE-

(Aug. 9, 1939, ch. 615, title III, Sec. 304, formerly Sec. 306, 53

Stat. 1285; Pub. L. 85-581, Sec. 15, Aug. 1, 1958, 72 Stat. 479;

renumbered Sec. 304, Pub. L. 97-439, Sec. 5(b)(4), Jan. 8, 1983, 96

Stat. 2288; Pub. L. 103-465, title IV, Sec. 441(4), Dec. 8, 1994,

108 Stat. 4973.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(4) to (7). Pub. L. 103-465, Sec. 441(4)(A),

struck out pars. (4) to (7) which read as follows:

''(4) any seed which has been stained to resemble seed stained in

accordance with the provisions of this chapter and the rules and

regulations made and promulgated thereunder;

''(5) any seed stained under the provisions of this chapter and

the rules and regulations made and promulgated thereunder, when

mixed with seed of the same kind produced in the United States;

''(6) any seed stained with different colors;

''(7) any seed stained under the provisions of this chapter, the

labeling of which states that such seed is adapted.''

Subsecs. (b), (c). Pub. L. 103-465, Sec. 441(4)(B), (C),

redesignated subsec. (c) as (b) and struck out former subsec. (b)

which read as follows: ''To change the proportion of seeds stained

under the provisions of this chapter and the rules and regulations

made and promulgated thereunder or to alter, modify, conceal, or

remove in any manner or by any means the color of such stained

seeds.''

1958 - Subsec. (c). Pub. L. 85-581 added subsec. (c).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date of entry into

force of the WTO Agreement with respect to the United States (Jan.

1, 1995), except as otherwise provided, see section 451 of Pub. L.

103-465, set out as an Effective Date note under section 3601 of

Title 19, Customs Duties.

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC SUBCHAPTER IV - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER IV - GENERAL PROVISIONS

-CITE-

7 USC Sec. 1591 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1591. Delegation of duties

-STATUTE-

Any duties devolving upon the Secretary of Agriculture by virtue

of the provisions of this chapter may with like force and effect be

executed by such officer or officers, agent or agents, of the

Department of Agriculture as the Secretary may designate for the

purpose.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 401, 53 Stat. 1285.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1592 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1592. Rules and regulations

-STATUTE-

(a) The Secretary of Agriculture shall make such rules and

regulations as he may deem necessary for the effective enforcement

of this chapter, except as otherwise provided in this section.

(b) The Secretary of the Treasury and the Secretary of

Agriculture shall make, jointly or severally such rules and

regulations as they may deem necessary for the effective

enforcement of subchapter III of this chapter.

(c) Prior to the promulgation of any rule or regulation under

this chapter, due notice shall be given by publication in the

Federal Register of intention to promulgate and the time and place

of a public hearing to be held with reference thereto, and no rule

or regulation may be promulgated until after such hearing. Any

rule or regulation shall become effective on the date fixed in the

promulgation, which date shall be not less than thirty days after

publication in the Federal Register and may be amended or revoked

in the manner provided for its promulgation.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 402, 53 Stat. 1285.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1561, 1571, 1573, 1581,

1582, 1593 of this title.

-CITE-

7 USC Sec. 1593 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1593. Standards, tests, tolerances

-STATUTE-

(a) The samplings, analyses, tests, or examinations of seeds made

in connection with the administration of this chapter shall be made

by methods set forth by rules and regulations prescribed under

section 1592 of this title.

(b) The Secretary of Agriculture is authorized and directed to

make and promulgate by rules and regulations, reasonable tolerances

as to the percentages and rates of occurrence required to be stated

or required by this chapter.

(c) For the purpose of section 1571(b) of this title, the

Secretary of Agriculture is authorized and directed to investigate,

determine, establish, and promulgate from time to time such

reasonable standards of germination for each kind of vegetable seed

as will in his judgment best protect crop production.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 403, 53 Stat. 1285.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1561, 1571 of this title.

-CITE-

7 USC Sec. 1593a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1593a. Seed variety information and survey

-STATUTE-

(a) Information

(1) In general

Grain submitted for public testing shall be evaluated for

selected specific agronomic performance characteristics and

intrinsic end-use performance characteristics, as determined by

the Secretary, with the results of the evaluations made available

to the Secretary.

(2) Dissemination of information

The Secretary shall disseminate varietal performance

information obtained under paragraph (1) to plant breeders,

producers, and end users.

(b) Survey

The Secretary shall periodically conduct, compile, and publish a

survey of grain varieties commercially produced in the United

States.

(c) Analysis of variety survey data

The Secretary shall analyze the variety surveys conducted under

subsection (b) of this section in conjunction with available

applied research information on intrinsic quality characteristics

of the varieties, to evaluate general intrinsic crop quality

characteristics and trends in production related to intrinsic

quality characteristics. This information shall be disseminated as

required by subsection (a)(2) of this section.

-SOURCE-

(Pub. L. 101-624, title XX, Sec. 2013, Nov. 28, 1990, 104 Stat.

3933.)

-COD-

CODIFICATION

Section was enacted as part of the Grain Quality Incentives Act

of 1990, and also as part of the Food, Agriculture, Conservation,

and Trade Act of 1990, and not as part of the Federal Seed Act

which comprises this chapter.

-CITE-

7 USC Sec. 1594 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1594. Prohibition against alterations

-STATUTE-

No person shall detach, alter, deface, or destroy any label

provided for in this chapter or the rules and regulations made and

promulgated thereunder by the Secretary of Agriculture, or alter or

substitute seed in a manner that may defeat the purpose of this

chapter.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 404, 53 Stat. 1286.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1595 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1595. Seizure

-STATUTE-

(a) Any seed sold, delivered for transportation in interstate

commerce, or transported in interstate or foreign commerce in

violation of any of the provisions of this chapter shall, at the

time of such violation or at any time thereafter, be liable to be

proceeded against on libel of information and condemned in any

district court of the United States within the jurisdiction of

which the seed is found.

(b) If seed is condemned by a decree of the court as being in

violation of the provisions of this chapter, it may be disposed of

by the court by -

(1) sale; or

(2) delivery to the owner thereof after he has appeared as

claimant and paid the court costs and fees and storage and other

proper expenses and executed and delivered a bond with good and

sufficient sureties that such seed will not be sold or disposed

of in any jurisdiction contrary to the provisions of this chapter

and the rules and regulations made and promulgated thereunder, or

the laws of such jurisdiction; or

(3) destruction.

(c) If such seed is disposed of by sale, the proceeds of the

sale, less the court costs and fees and storage and other proper

expenses, shall be paid into the Treasury as miscellaneous

receipts, but such seed shall not be sold or disposed of in any

jurisdiction contrary to the provisions of this chapter and the

rules and regulations made and promulgated thereunder, or the laws

of such jurisdiction.

(d) The proceedings in such libel cases shall conform, as nearly

as may be, to the proceedings in admiralty, except that either

party may demand trial by jury of any issue of fact joined in any

such case; and such proceedings shall be at the suit of and in the

name of the United States.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 405, 53 Stat. 1286.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1602 of this title.

-CITE-

7 USC Sec. 1596 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1596. Penalties

-STATUTE-

(a) Any person who knowingly, or as a result either of gross

negligence or of a failure to make a reasonable effort to inform

himself of the pertinent facts, violates any provision of this

chapter or the rules and regulations made and promulgated

thereunder shall be deemed guilty of a misdemeanor and, upon

conviction thereof, shall pay a fine of not more than $1,000, for

the first offense, and upon conviction for each subsequent offense

not more than $2,000.

(b) Any person who violates any provision of this chapter or the

rules and regulations made and promulgated thereunder shall forfeit

to the United States a sum, not less than $25 or more than $500,

for each such violation, which forfeiture shall be recoverable in a

civil suit brought in the name of the United States.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 406, 53 Stat. 1286; July 9,

1956, ch. 520, Sec. 1, 70 Stat. 508.)

-MISC1-

AMENDMENTS

1956 - Act July 9, 1956, designated existing provisions as

subsec. (a), inserted ''knowingly or as a result either of gross

negligence or of a failure to make a reasonable effort to inform

himself of the pertinent facts,'' and added subsec. (b).

EFFECTIVE DATE OF 1956 AMENDMENT

Section 4 of act July 9, 1956, provided that: ''The amendments

made by this Act (amending sections 1574, 1596, and 1602 of this

title) shall be applicable only with respect to violations

occurring after the enactment of this Act (July 9, 1956).''

EFFECTIVE DATE

See section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1602 of this title.

-CITE-

7 USC Sec. 1597 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1597. Agent's acts as binding principal

-STATUTE-

When construing and enforcing the provisions of this chapter, the

act, omission, or failure of any officer, agent, or other person

acting for or employed by any person, partnership, corporation,

company, society, or association, shall in every case be also

deemed to be the act, omission, or failure of such person,

partnership, corporation, company, society, or association, as well

as that of the person employed.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 407, 53 Stat. 1286.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1598 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1598. Notice of intention to prosecute

-STATUTE-

Before any violation of this chapter is reported by the Secretary

of Agriculture to any United States attorney for institution of a

criminal proceeding, the person against whom such proceeding is

contemplated shall be given appropriate notice and an opportunity

to prevent (FOOTNOTE 1) his views, either orally or in writing,

with regard to such contemplated proceeding.

(FOOTNOTE 1) So in original. Probably should be ''present''.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 408, 53 Stat. 1286.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1599 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1599. Cease and desist proceedings

-STATUTE-

(a) Hearing

Whenever the Secretary of Agriculture has reason to believe that

any person has violated or is violating any of the provisions of

this chapter or the rules and regulations made and promulgated

thereunder, he shall cause a complaint in writing to be served upon

the person, stating his charges in that respect, and requiring the

person to attend and testify at a hearing at a time and place

designated therein, at least thirty days after the service of such

complaint; and at such time and place there shall be afforded the

person a reasonable opportunity to be informed as to the evidence

introduced against him (including the right of cross-examination),

and to be heard in person or by counsel and through witnesses,

under such rules and regulations as the Secretary of Agriculture

may prescribe. At any time prior to the close of the hearing the

Secretary of Agriculture may amend the complaint; but in case of

any amendment adding new provisions the hearing shall, on the

request of the person, be adjourned for a period not exceeding

fifteen days.

(b) Report of Secretary of Agriculture

If, after such hearing, the Secretary of Agriculture finds that

the person has violated or is violating any provisions of the

chapter or rules and regulations covered by the charges, he shall

make a report in writing in which he shall state his findings as to

the facts, and shall issue and cause to be served on the person an

order requiring such person to cease and desist from continuing

such violation. The testimony taken at the hearing shall be

reduced to writing and filed in the records of the Department of

Agriculture.

(c) Amendment of report

Until the record in such hearing has been filed in a court of

appeals as provided in section 1600 of this title, the Secretary of

Agriculture at any time, upon such notice and in such manner as he

deems proper, but only after reasonable opportunity to the person

to be heard, may amend or set aside the report or order, in whole

or in part.

(d) Service

Complaints, orders, and other processes of the Secretary of

Agriculture under this section may be served by anyone duly

authorized by the Secretary of Agriculture, either (1) by

delivering a copy thereof to the person to be served, or to a

member of the partnership to be served, or to the president,

secretary, or other executive officer or a director of the

corporation to be served; or (2) by leaving a copy thereof at the

principal office or place of business of such person, partnership,

or corporation; or (3) by mailing a copy thereof by registered mail

or by certified mail addressed to such person, partnership, or

corporation at his or its last known principal office or place of

business. The verified return by the person so serving said

complaint, order, or other process setting forth the manner of said

order shall be proof of the same, and the return postoffice receipt

for said complaint, order, or other process mailed by registered

mail or by certified mail as aforesaid shall be proof of the

service of the same.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 409, 53 Stat. 1287; June 25,

1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,

Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 24(a), Aug. 28, 1958,

72 Stat. 949; Pub. L. 86-507, Sec. 1(7), June 11, 1960, 74 Stat.

200.)

-MISC1-

AMENDMENTS

1960 - Subsec. (d). Pub. L. 86-507 substituted ''mailing a copy

thereof by registered mail or by certified mail'' for ''registering

and mailing a copy thereof'' and ''mailed by registered mail or by

certified mail'' for ''registered and mailed''.

1958 - Subsec. (c). Pub. L. 85-791 struck out ''a transcript of''

before ''the record''.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted

''court of appeals'' for ''circuit court of appeals'' which

appeared in subsec. (c) of this section.

-MISC4-

EFFECTIVE DATE

See section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1601, 1602 of this

title.

-CITE-

7 USC Sec. 1600 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1600. Appeal to court of appeals

-STATUTE-

An order made under section 1599 of this title shall be final and

conclusive unless within thirty days after the service the person

appeals to the court of appeals for the circuit in which such

person resides or has his principal place of business by filing

with the clerk of such court a written petition praying that the

Secretary's order be set aside or modified in the manner stated in

the petition, together with a bond in such sum as the court may

determine, conditioned that such person will pay the costs of the

proceedings if the court so directs.

The clerk of the court shall immediately cause a copy of the

petition to be delivered to the Secretary, and the Secretary shall

thereupon file in the court the record in such proceedings, as

provided in section 2112 of title 28. If before such record is

filed, the Secretary amends or sets aside his report or order, in

whole or in part, the petitioner may amend the petition within such

time as the court may determine, on notice to the Secretary.

At any time after such petition is filed the court, on

application of the Secretary, may issue a temporary injunction

restraining, to the extent it deems proper, the person and his

officers, directors, agents, and employees from violating any of

the provisions of the order pending the final determination of the

appeal.

The evidence so taken or admitted and filed as aforesaid as a

part of the record, shall be considered by the court as the

evidence in the case.

The court may affirm, modify, or set aside the order of the

Secretary.

If the court determines that the just and proper disposition of

the case requires the taking of additional evidence, the court

shall order the hearing to be reopened for the taking of such

evidence, in such manner and upon such terms and conditions as the

court may deem proper. The Secretary may modify his findings as to

the facts, or make new findings, by reason of the additional

evidence so taken, and he shall file such modified or new findings

and his recommendations, if any, for the modification or setting

aside of his order, with the return of such additional evidence.

If the court of appeals affirms or modifies the order of the

Secretary, its decree shall operate as an injunction to restrain

the person and his officers, directors, agents, and employees from

violating the provisions of such order or such order as modified.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 410, 53 Stat. 1287; June 25,

1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,

Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 24(b), Aug. 28, 1958,

72 Stat. 949; Pub. L. 98-620, title IV, Sec. 402(7)(A), Nov. 8,

1984, 98 Stat. 3357.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-620 in fourth par., struck out provisions

requiring proceedings in such cases in the court of appeals to be

made a preferred cause and expedited in every way.

1958 - Pub. L. 85-791 substituted, in first sentence of second

par., ''thereupon file in the court the record in such proceedings

as provided in section 2112 of title 28'' for ''forthwith prepare,

certify, and file in the court a full and accurate transcript of

the record in such proceedings, including the complaint, the

evidence, and the report and order'', substituted, in second

sentence of second par., ''record'' for ''transcript'', substituted

in third par., ''petition'' for ''transcript'', and struck out, in

fourth par., '', duly certified'' after ''admitted''.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted

''court of appeals'' for ''circuit court of appeals'' wherever

appearing.

-MISC4-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE

See section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1599, 1601, 1602 of this

title.

-CITE-

7 USC Sec. 1601 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1601. Enforcement of order

-STATUTE-

If any person against whom an order is issued under section 1599

of this title fails to obey the order, the Secretary of

Agriculture, or the United States, by its Attorney General, may

apply to the court of appeals of the United States, within the

circuit where the person against whom the order was issued resides

or has his principal place of business, for the enforcement of the

order, and shall file the record in such proceedings, as provided

in section 2112 of title 28. Upon such filing of the application

the court shall cause notice thereof to be served upon the person

against whom the order was issued. The evidence to be considered,

the procedure to be followed, and the jurisdiction of the court

shall be the same as provided in section 1600 of this title for

applications to set aside or modify orders.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 411, 53 Stat. 1288; June 25,

1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,

Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 24(c), Aug. 28, 1958,

72 Stat. 949; Pub. L. 98-620, title IV, Sec. 402(7)(B), Nov. 8,

1984, 98 Stat. 3357.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-620 struck out second par. which required

proceedings in such cases to be made a preferred cause and

expedited in every way.

1958 - Pub. L. 85-791 substituted ''file the record in such

proceedings as provided in section 2112 of title 28'' for ''certify

and file with its application a full and accurate transcript of the

record in such proceedings, including the complaint, the evidence,

the report, and the order'' in first sentence, and struck out ''and

transcript'' after ''application'' in second sentence.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1948, as amended by

act May 24, 1949, substituted ''court of appeals'' for ''circuit

court of appeals'' wherever appearing in this section.

-MISC4-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE

See section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1602 of this title.

-CITE-

7 USC Sec. 1602 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1602. Separability

-STATUTE-

The institution of any one of the proceedings provided for in

sections 1595, 1596, 1599 to 1601 of this title shall not bar

institution of any of the others, except that action shall not be

instituted under both subsections 1596(a) and (b) of this title for

the same cause of action. Nothing in this chapter shall be

construed as requiring the Secretary of Agriculture to recommend

prosecution, or institution of civil penalty proceedings, libel

proceedings, cease-and-desist proceedings, or proceedings for the

enforcement of a cease-and-desist order, for minor violations of

this chapter or the rules and regulations made and promulgated

thereunder whenever he believes that the public interest will be

adequately served by suitable written notice or warning.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 412, 53 Stat. 1288; July 9,

1956, ch. 520, Sec. 3, 70 Stat. 508.)

-MISC1-

AMENDMENTS

1956 - Act July 9, 1956, inserted references to civil penalties

as well as criminal penalties under section 1596 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendments made by act July 9, 1956, applicable only with respect

to violations occurring after July 9, 1956, see section 4 of act

July 9, 1956, set out as a note under section 1596 of this title.

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1603 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1603. Procedural powers; witness fees and mileage

-STATUTE-

(a) In carrying on the work herein authorized, the Secretary of

Agriculture, or any officer or employee designated by him for such

purpose, shall have power to hold hearings, administer oaths, sign

and issue subpenas, examine witnesses, take depositions, and

require the production of books, records, accounts, memoranda, and

papers, and have access to office and warehouse premises. Upon

refusal by any person to appear, testify, or produce pertinent

books, records, accounts, memoranda, and papers in response to a

subpena, or to permit access to premises, the proper United States

district court shall have power to compel obedience thereto.

(b) Witnesses summoned before the Secretary or any officer or

employee designated by him shall be paid the same fees and mileage

that are paid witnesses in the courts of the United States, and

witnesses whose depositions are taken and the persons taking the

same shall severally be entitled to the same fees as are paid for

like service in the courts of the United States.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 413, 53 Stat. 1289.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1604 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1604. Publication

-STATUTE-

After judgment by the court, or the issuance of a cease and

desist order, in any case arising under this chapter, notice

thereof shall be given by publication in such manner as may be

prescribed in the rules and regulations made and promulgated under

this chapter.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 414, 53 Stat. 1289.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1605 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1605. Authorization of appropriations

-STATUTE-

(a) There is authorized to be appropriated, out of any money in

the Treasury not otherwise appropriated, such sums as may be

necessary for administering this chapter.

(b) Funds appropriated for carrying into effect the purpose of

this chapter shall be available for allotment by the Secretary of

Agriculture to the bureaus and offices of the Department of

Agriculture and for transfer to other departments and agencies of

the Government which the Secretary of Agriculture may call upon to

assist or cooperate in carrying out such purposes or for services

rendered or to be rendered in connection therewith.

Appropriations made under this authorization, within the limit

prescribed in such appropriations, may be expended for the share of

the United States in the expense of the International Seed Testing

Congress in carrying out plans for correlating the work of the

various adhering governments on problems relating to seed analyses

or other subjects which the Congress may determine to be necessary

in the interest of international seed trade.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 415, 53 Stat. 1289; Sept.

21, 1944, ch. 412, title VII, Sec. 701(b), 58 Stat. 741.)

-MISC1-

AMENDMENTS

1944 - Act Sept. 21, 1944, added last par.

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1606 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1606. Authorization of expenditures

-STATUTE-

The Secretary of Agriculture is authorized to make such

expenditures for rent, outside of the District of Columbia,

printing, binding, telegrams, telephones, books of reference,

publications, furniture, stationery, office and laboratory

equipment, travel, and other supplies, including reporting

services, such research necessary to develop methods of processing,

bulking, blending, sampling, testing, and merchandising seeds

necessary to the administration of this chapter and other necessary

expenses in the District of Columbia and elsewhere, and as may be

appropriated for by the Congress.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 416, 53 Stat. 1289.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1607 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1607. Cooperation with other governmental agencies

-STATUTE-

The Secretary of Agriculture is authorized to cooperate with any

other department or agency of the Federal Government; or with any

State, Territory, District, or possession, or department, agency,

or political subdivision thereof; or with any producing, trading,

or consuming organization, whether operating in one or more

jurisdictions, in carrying out the provisions of this chapter.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 417, 53 Stat. 1289.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1608 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1608. Separability

-STATUTE-

If any provision of this chapter, or the application thereof to

any person or circumstance, is held invalid, the remainder of the

chapter, and the application of such provisions to other persons or

circumstances, shall not be affected thereby.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 418, 53 Stat. 1290.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1609 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1609. Repeals

-STATUTE-

Sections 111 to 116 of this title are repealed on the one hundred

and eightieth day after August 9, 1939: Provided, however, That the

notices with respect to imported alfalfa and red clover seed

promulgated by the Secretary of Agriculture under the authority of

sections 111 to 116 of this title, and in effect on August 9, 1939,

shall remain with the same full force and effect as if promulgated

under this chapter.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 419, 53 Stat. 1290.)

-MISC1-

EFFECTIVE DATE

See section 1610 of this title.

-CITE-

7 USC Sec. 1610 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1610. Effective date

-STATUTE-

This chapter shall take effect as follows: As to agricultural

seeds, and the importation of vegetable seeds, on the one hundred

and eightieth day after August 9, 1939; as to vegetable seeds in

interstate commerce, one year after August 9, 1939; and as to

sections 1591 to 1593 of this title, on August 9, 1939.

-SOURCE-

(Aug. 9, 1939, ch. 615, title IV, Sec. 420, 53 Stat. 1290.)

-CITE-

7 USC SUBCHAPTER V - SALE OF UNCERTIFIED SEED OF

PROTECTED VARIETY 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER V - SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY

.

-HEAD-

SUBCHAPTER V - SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY

-CITE-

7 USC Sec. 1611 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

SUBCHAPTER V - SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY

-HEAD-

Sec. 1611. Illegal sales of uncertified seed

-STATUTE-

It shall be unlawful in the United States or in interstate or

foreign commerce to sell or offer for sale or advertise, by variety

name, seed not certified by an official seed certifying agency,

when it is a variety for which a certificate of plant variety

protection under the Plant Variety Protection Act (7 U.S.C. 2321 et

seq.) specifies sale only as a class of certified seed: Provided,

That seed from a certified lot may be labeled as to variety name

when used in a mixture by, or with the approval of, the owners of

the variety.

-SOURCE-

(Aug. 9, 1939, ch. 615, title V, Sec. 501, as added Pub. L. 91-577,

title III, Sec. 142(a), Dec. 24, 1970, 84 Stat. 1558; amended Pub.

L. 97-98, title XI, Sec. 1118, Dec. 22, 1981, 95 Stat. 1272.)

-REFTEXT-

REFERENCES IN TEXT

The Plant Variety Protection Act, referred to in text, is Pub. L.

91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is

classified principally to chapter 57 (Sec. 2321 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2321 of this title and

Tables.

-MISC2-

AMENDMENTS

1981 - Pub. L. 97-98 substituted ''sell or offer for sale or

advertise, by variety name, seed'' for ''sell by variety name

seed'', ''certifying agency, when'' for ''certifying agency when'',

and ''owners of the variety'' for ''owner of the variety''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE

Section effective Dec. 24, 1970, see section 141 of Pub. L.

91-577, set out as a note under section 2321 of this title.

-CITE-