Legislación
US (United States) Code. Title 7. Chapter 37: Seeds
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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
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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 Repealed.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.
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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
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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.
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7 USC Sec. 1562 01/06/03
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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
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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