-CITE-
    7 USC CHAPTER 37 - SEEDS                                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS

-HEAD-
                            CHAPTER 37 - SEEDS                        

-MISC1-
    Sec.                                                     
    1551.       Short title.                                          

                        SUBCHAPTER I - DEFINITIONS                    
    1561.       Definition of terms.                                  
    1562.       False representations as certified seed; required
                 provisions.                                          

                    SUBCHAPTER II - INTERSTATE COMMERCE                
    1571.       Prohibitions relating to interstate commerce in
                 certain seeds.                                       
    1572.       Records.                                              
    1573.       Exemptions.                                           
    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 Repealed.                                             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.                  
    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.                         
    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.                    

-End-



-CITE-
    7 USC Sec. 1551                                             01/03/2007

-EXPCITE-
    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'."

-End-


-CITE-
    7 USC SUBCHAPTER I - DEFINITIONS                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS
    SUBCHAPTER I - DEFINITIONS

-HEAD-
                        SUBCHAPTER I - DEFINITIONS                    

-End-



-CITE-
    7 USC Sec. 1561                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS
    SUBCHAPTER I - DEFINITIONS

-HEAD-
    Sec. 1561. Definition of terms

-STATUTE-
      (a) When used in this chapter - 
        (1) The term "United States" means the several States, District
      of Columbia, and Puerto Rico.
        (2) The term "person" includes a partnership, corporation,
      company, society, or association.
        (3) The term "interstate commerce" means - 
          (A) commerce between any State, Territory, possession, or the
        District of Columbia, and any other State, Territory,
        possession, or the District of Columbia; or
          (B) commerce between points within the same State, Territory,
        or possession, or the District of Columbia, but through any
        place outside thereof; or
          (C) commerce within the District of Columbia.

        (4) For the purposes of this chapter with respect to labeling
      for treatment, variety and origin (but not in anywise limiting
      the foregoing definition), seeds shall be considered to be in
      interstate commerce, or delivered for transportation in
      interstate commerce, if such seeds are part of, or delivered for
      transportation in, that current of commerce usual in the
      transportation and/or merchandising of seeds, whereby such seeds
      are sent from one State with the expectation that they will end
      their transit in another, including, in addition to cases within
      the above general description, all cases where seeds are
      transported or delivered for transportation to another State, or
      for processing or cleaning for seeding purposes within the State
      and shipment outside the State of the processed or cleaned seeds.
      Seeds normally in such current of commerce shall not be
      considered out of such current through resort being had to any
      means or device intended to remove transactions in respect
      thereto from the provisions of this chapter.
        (5) The term "foreign commerce" means commerce between the
      United States, its possessions, or any Territory of the United
      States, and any foreign country.
        (6)(a) The term "district court of the United States" means any
      court exercising the powers of a district court of the United
      States,
        (b) Omitted
        (7) The term - 
          (A) "Agricultural seeds" shall mean grass, forage, and field
        crop seeds which the Secretary of Agriculture finds are used
        for seeding purposes in the United States and which he lists in
        the rules and regulations prescribed under section 1592 of this
        title.
          (B) "Vegetable seeds" shall include the seeds of those crops
        that are or may be grown in gardens or on truck farms and are
        or may be generally known and sold under the name of vegetable
        seeds.

        (8) For the purpose of subchapter II of this chapter, the term
      "weed seeds" means the seeds or bulblets of plants recognized as
      weeds either by the law or rules and regulations of - 
          (A) The State into which the seed is offered for
        transportation, or transported; or
          (B) Puerto Rico, Guam, or District of Columbia into which
        transported, or District of Columbia in which sold.

        (9)(A) For the purpose of subchapter II of this chapter, the
      term "noxious-weed seeds" means the seeds or bulblets of plants
      recognized as noxious - 
          (i) by the law or rules and regulations of the State into
        which the seed is offered for transportation, or transported;
          (ii) by the law or rules and regulations of Puerto Rico,
        Guam, or the District of Columbia, into which transported, or
        District of Columbia in which sold; or
          (iii) by the rules and regulations of the Secretary of
        Agriculture under this chapter, when after investigation he
        shall determine that a weed is noxious in the United States or
        in any specifically designated area thereof.

        (B) For the purpose of subchapter III of this chapter, the term
      "noxious-weed seeds" means the seeds of Lepidium draba L.,
      Lepidium repens (Schrenk) Boiss., Hymenophysa pubescens C. A.,
      Mey., white top; Cirsium arvense (L.) Scop., Canada thistle;
      Cuscuta spp., dodder; Agropyron repens (L.) Beauv., quackgrass;
      Sorghum halepense (L.) Pers., Johnson grass; Convolvulus arvensis
      L., bindweed; Centaurea picris Pall., Russian knapweed; Sonchus
      arvensis L., perennial sowthistle; Euphorbia esula L., leafy
      spurge; and seeds or bulblets of any other kinds which after
      investigation the Secretary of Agriculture finds should be
      included.
        (10) The term "origin" means the State, District of Columbia,
      Puerto Rico, or possession of the United States, or the foreign
      country, or designated portion thereof, where the seed was grown.
        (11) The term "kind" means one or more related species or
      subspecies which singly or collectively is known by one common
      name, for example, soybean, flax, carrot, radish, cabbage,
      cauliflower, and so forth.
        (12) The term "variety" means a subdivision of a kind which is
      characterized by growth, plant, fruit, seed, or other characters
      by which it can be differentiated from other sorts of the same
      kind, for example, Marquis wheat, Flat Dutch cabbage, Manchu
      soybeans, Oxheart carrot, and so forth.
        (13) The term "type" means either (A) a group of varieties so
      nearly similar that the individual varieties cannot be clearly
      differentiated except under special conditions, or (B) when used
      with a variety name means seed of the variety named which may be
      mixed with seed of other varieties of the same kind and of
      similar character, the manner of and the circumstances connected
      with the use of the designation to be governed by rules and
      regulations prescribed under section 1592 of this title.
        (14) The term "germination" means the percentage of seeds
      capable of producing normal seedlings under ordinarily favorable
      conditions (not including seeds which produce weak, malformed, or
      obviously abnormal sprouts), determined by methods prescribed
      under section 1593 of this title.
        (15) The term "hard seeds" means the percentage of seeds which
      because of hardness or impermeability do not absorb moisture or
      germinate under prescribed tests but remain hard during the
      period prescribed for germination of the kind of seed concerned,
      determined by methods prescribed under section 1593 of this
      title.
        (16) The term "inert matter" means all matter not seeds, and
      includes among others broken seeds, sterile florets, chaff,
      fungus bodies, and stones, determined by methods prescribed under
      section 1593 of this title.
        (17) The term "label" means the display or displays of written,
      printed, or graphic matter upon or attached to the container of
      seed.
        (18) The term "labeling" includes all labels, and other
      written, printed, and graphic representations, in any form
      whatsoever, accompanying and pertaining to any seed whether in
      bulk or in containers, and includes invoices.
        (19) The term "advertisement" means all representations, other
      than those on the label, disseminated in any manner or by any
      means, relating to seed within the scope of this chapter.
        (20) Subject to such tolerances as the Secretary of Agriculture
      is authorized to prescribe under the provisions of this chapter -
      
          (A) the term "false labeling" means any labeling which is
        false or misleading in any particular;
          (B) the term "false advertisement" means any advertisement
        which is false or misleading in any particular.

        (21) The term "screenings" shall include chaff, sterile
      florets, immature seed, weed seed, inert matter, and any other
      materials removed in any way from any seeds in any kind of
      cleaning or processing and which contain less than 25 per centum
      of live agricultural or vegetable seeds.
        (22) The term "in bulk" refers to seed when loose either in
      vehicles of transportation or in storage, and not to seed in bags
      or other containers.
        (23) The term "treated" means given an application of a
      substance or subjected to a process designed to reduce, control,
      or repel disease organisms, insects or other pests which attack
      seeds or seedlings growing therefrom.
        (24) The term "seed certifying agency" means (A) an agency
      authorized under the laws of a State, Territory, or possession,
      to officially certify seed and which has standards and procedures
      approved by the Secretary (after due notice, hearings, and full
      consideration of the views of farmer users of certified seed and
      other interested parties) to assure the genetic purity and
      identity of the seed certified, or (B) an agency of a foreign
      country determined by the Secretary of Agriculture to adhere to
      procedures and standards for seed certification comparable to
      those adhered to generally by seed certifying agencies under (A).

-SOURCE-
    (Aug. 9, 1939, ch. 615, title I, Sec. 101, 53 Stat. 1275; June 25,
    1948, ch. 646, Sec. 1, 62 Stat. 870; Aug. 1, 1956, ch. 852, Sec. 1,
    70 Stat. 908; Pub. L. 85-581, Secs. 1-3, Aug. 1, 1958, 72 Stat.
    476; Pub. L. 89-686, Secs. 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.


-MISC1-
                                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.

-End-



-CITE-
    7 USC Sec. 1562                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS
    SUBCHAPTER I - DEFINITIONS

-HEAD-
    Sec. 1562. False representations as certified seed; required
      provisions

-STATUTE-
      Any labeling, advertisement, or other representation subject to
    this chapter which represents that any seed is certified seed or
    any class thereof shall be deemed to be false in this respect
    unless (a) it has been determined by a seed certifying agency that
    such seed conformed to standards of genetic purity and identity as
    to kind or variety, and is in compliance with the rules and
    regulations of such agency pertaining to such seed; and (b) the
    seed bears an official label issued for such seed by a seed
    certifying agency certifying that the seed is of a specified class
    and a specified kind or variety. Seed of a variety for which a
    certificate of plant variety protection under the Plant Variety
    Protection Act [7 U.S.C. 2321 et seq.] specifies sale only as a
    class of certified seed shall be certified only when
        (1) the basic seed from which the variety was produced
      furnished by authority of the owner of the variety if the
      certification is made during the term of protection, and
        (2) it conforms to the number of generations designated by the
      certificate, if the certificate contains such a designation.

-SOURCE-
    (Aug. 9, 1939, ch. 615, title I, Sec. 102, as added Pub. L. 85-581,
    Sec. 4, Aug. 1, 1958, 72 Stat. 476; amended Pub. L. 91-89, Sec. 2,
    Oct. 17, 1969, 83 Stat. 134; Pub. L. 91-577, title III, Sec.
    142(b), Dec. 24, 1970, 84 Stat. 1558.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Plant Variety Protection Act, referred to in text, is Pub. L.
    91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is
    classified principally to chapter 57 (Sec. 2321 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2321 of this title and
    Tables.


-MISC1-
                                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.

-End-


-CITE-
    7 USC SUBCHAPTER II - INTERSTATE COMMERCE                   01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS
    SUBCHAPTER II - INTERSTATE COMMERCE

-HEAD-
                    SUBCHAPTER II - INTERSTATE COMMERCE                

-End-



-CITE-
    7 USC Sec. 1571                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS
    SUBCHAPTER II - INTERSTATE COMMERCE

-HEAD-
    Sec. 1571. Prohibitions relating to interstate commerce in certain
      seeds

-STATUTE-
      It shall be unlawful for any person to transport or deliver for
    transportation in interstate commerce - 
      (a) Any agricultural seeds or any mixture of agricultural seeds
    for seeding purposes, unless each container bears a label giving
    the following information, in accordance with rules and regulations
    prescribed under section 1592 of this title.
        (1) The name of the kind or kind and variety for each
      agricultural seed component present in excess of 5 per centum of
      the whole and the percentage by weight of each: Provided, That
      (A), except with respect to seed mixtures intended for lawn and
      turf purposes, if any such component is one which the Secretary
      of Agriculture has determined, in rules and regulations
      prescribed under section 1592 of this title, is generally labeled
      as to variety, the label shall bear, in addition to the name of
      the kind, either the name of such variety or the statement
      "Variety Not Stated", (B) in the case of any such component which
      is a hybrid seed it shall, in addition to the above requirements,
      be designated as hybrid on the label, and (C) seed mixtures
      intended for lawn and turf purposes shall be designated as a
      mixture on the label and each seed component shall be listed on
      the label in the order of predominance;
        (2) Lot number or other identification;
        (3) Origin, stated in accordance with paragraph (a)(1) of this
      section, of each agricultural seed present which has been
      designated by the Secretary of Agriculture as one on which a
      knowledge of the origin is important from the standpoint of crop
      production, if the origin is known, and if each such seed is
      present in excess of 5 per centum. If the origin of such
      agricultural seed or seeds is unknown, that fact shall be stated;
        (4) Percentage by weight of weed seeds, including noxious-weed
      seeds;
        (5) Kinds of noxious-weed seeds and the rate of occurrence of
      each, which rate shall be expressed in accordance with and shall
      not exceed the rate allowed for shipment, movement, or sale of
      such noxious-weed seeds by the law and regulations of the State
      into which the seed is offered for transportation or transported
      or in accordance with the rules and regulations of the Secretary
      of Agriculture, when under the provisions of section
      1561(a)(9)(A)(iii) of this title he shall determine that weeds
      other than those designated by State requirements are noxious;
        (6) Percentage by weight of agricultural seeds other than those
      included under paragraph (a)(1) of this section;
        (7) Percentage by weight of inert matter;
        (8) For each agricultural seed, in excess of 5 per centum of
      the whole, stated in accordance with paragraph (a)(1) of this
      section, and each kind or variety or type of agricultural seed
      shown in the labeling to be present in a proportion of 5 per
      centum or less of the whole, (A) percentage of germination,
      exclusive of hard seed, (B) percentage of hard seed, if present,
      and (C) the calendar month and year the test was completed to
      determine such percentages, except that, in the case of a seed
      mixture, it is only necessary to state the calendar month and
      year of such test for the kind or variety or type of agricultural
      seed contained in such mixture which has the oldest calendar
      month and year test date among the tests conducted on all the
      kinds or varieties or types of agricultural seed contained in
      such mixture;
        (9) Name and address of (A) the person who transports, or
      delivers for transportation, said seed in interstate commerce, or
      (B) the person to whom the seed is sold or shipped for resale,
      together with a code designation approved by the Secretary of
      Agriculture under rules and regulations prescribed under section
      1592 of this title, indicating the person who transports or
      delivers for transportation said seed in interstate commerce;
        (10) The year and month beyond which an inoculant, if shown in
      the labeling, is no longer claimed to be effective.

      (b) Any vegetable seeds, for seeding purposes, in containers,
    unless each container bears a label giving the following
    information in accordance with rules and regulations prescribed
    under section 1592 of this title:
        (1) For containers of one pound or less of seed that germinates
      equal to or above the standard last established by the Secretary
      of Agriculture, as provided under section 1593(c) of this title -
      
          (A) The name of each kind and variety of seed, and if two or
        more kinds or varieties are present, the percentage of each,
        and further, that in the case of any such component which is a
        hybrid seed, it shall be designated as hybrid on the label; and
          (B) Name and address of - 
            (i) the person who transports, or delivers for
          transportation, said seed in interstate commerce; or
            (ii) the person to whom the seed is sold or shipped for
          resale, together with a code designation approved by the
          Secretary of Agriculture under rules and regulations
          prescribed under section 1592 of this title, indicating the
          person who transports or delivers for transportation said
          seed in interstate commerce;

        (2) For containers of one pound or less of seed that germinates
      less than the standard last established by the Secretary of
      Agriculture, as provided under section 1593(c) of this title - 
          (A) The name of each kind and variety of seed, and if two or
        more kinds or varieties are present, the percentage of each,
        and further, that in the case of any such component which is a
        hybrid seed, it shall be designated as hybrid on the label; and
          (B) For each named kind and variety of seed - 
            (i) the percentage of germination, exclusive of hard seed;
            (ii) the percentage of hard seed, if present;
            (iii) the calendar month and year the test was completed to
          determine such percentages;
            (iv) the words "Below Standard"; and

          (C) Name and address of - 
            (i) the person who transports, or delivers for
          transportation, said seed in interstate commerce; or
            (ii) the person to whom the seed is sold or shipped for
          resale, together with a code designation approved by the
          Secretary of Agriculture under rules and regulations
          prescribed under section 1592 of this title, indicating the
          person who transports or delivers for transportation said
          seed in interstate commerce.

        (3) For containers of more than one pound of seed - 
          (A) The name of each kind and variety of seed, and if two or
        more kinds or varieties are present, the percentage of each
        and, further, that in the case of any such component which is a
        hybrid seed, it shall be designated as hybrid on the label;
          (B) Lot number or other lot identification;
          (C) For each named kind and variety of seed - 
            (i) the percentage of germination, exclusive of hard seed;
            (ii) the percentage of hard seed, if present;
            (iii) the calendar month and year the test was completed to
          determine such percentages; and

          (D) Name and address of - 
            (i) the person who transports, or delivers for
          transportation, said seed in interstate commerce; or
            (ii) the person to whom the seed is sold or shipped for
          resale, together with a code designation approved by the
          Secretary of Agriculture under rules and regulations
          prescribed under section 1592 of this title, indicating the
          person who transports or delivers for transportation said
          seed in interstate commerce.

      (c) Any agricultural or vegetable seed unless the test to
    determine the percentage of germination required by this section
    shall have been completed within a five-month period, exclusive of
    the calendar month in which the test was completed, immediately
    prior to transportation or delivery for transportation in
    interstate commerce: Provided, however, That the Secretary of
    Agriculture may by rules and regulations designate: (1) a shorter
    period for kinds of agricultural or vegetable seed which he finds
    under ordinary conditions of handling will not maintain, during the
    aforesaid five-month period, a germination within the established
    limits of tolerance; or (2) a longer period for any kind of
    agricultural or vegetable seed which (A) is packaged in such
    container materials and under such other conditions prescribed by
    the Secretary of Agriculture as he finds will, during such longer
    period, maintain the viability of said seed under ordinary
    conditions of handling; or (B) the Secretary finds will maintain a
    percentage of germination within the limits of tolerance
    established under this chapter under ordinary conditions of
    handling.
      (d) Any agricultural seeds or vegetable seeds having a false
    labeling, or pertaining to which there has been a false
    advertisement, or to sell or offer for sale such seed for
    interstate shipment by himself or others.
      (e) Seed which is required to be stained under the provisions of
    this chapter and the regulations made and promulgated thereunder,
    and is not so stained.
      (f) Seed which has been stained to resemble seed stained in
    accordance with the provisions of this chapter and the regulations
    made and promulgated thereunder.
      (g) Seed which is a mixture of seeds which are required to be
    stained or which are stained with different colors under the
    provisions of this chapter and of the regulations made and
    promulgated thereunder, or which is a mixture of any seed required
    to be stained under the provisions of this chapter and of the
    regulations made and promulgated thereunder, with seed of the same
    kind produced in the United States.
      (h) Screenings of any seed subject to this chapter, unless they
    are not intended for seeding purposes; and it is stated on the
    label, if in containers, or on the invoice if in bulk, that they
    are intended for cleaning, processing, or manufacturing purposes,
    and not for seeding purposes.
      (i) Any agricultural seeds or any mixture thereof or any
    vegetable seeds or any mixture thereof, for seeding purposes, that
    have been treated, unless each container thereof bears a label
    giving the following information and statements in accordance with
    rules and regulations prescribed under section 1592 of this title:
        (1) A word or statement indicating that the seeds have been
      treated;
        (2) The commonly accepted coined, chemical (generic), or
      abbreviated chemical name of any substance used in such
      treatment;
        (3) If the substance used in such treatment in the amount
      remaining with the seeds is harmful to humans or other vertebrate
      animals, an appropriate caution statement approved by the
      Secretary of Agriculture as adequate for the protection of the
      public, such as "Do not use for food or feed or oil purposes":
      Provided, That the caution statement for mercurials and similarly
      toxic substances, as defined in said rules and regulations, shall
      be a representation of a skull and crossbones and a statement
      such as "This seed has been treated with POISON", in red letters
      on a background of distinctly contrasting color; and
        (4) A description, approved by the Secretary of Agriculture as
      adequate for the protection of the public, of any process used in
      such treatment.

-SOURCE-
    (Aug. 9, 1939, ch. 615, title II, Sec. 201, 53 Stat. 1279; Pub. L.
    85-581, Secs. 5-8, Aug. 1, 1958, 72 Stat. 476; Pub. L. 89-686,
    Secs. 4-10, Oct. 15, 1966, 80 Stat. 975-977; Pub. L. 97-439, Secs.
    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.

-End-



-CITE-
    7 USC Sec. 1572                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1573                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1574                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1575                                             01/03/2007

-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.

-End-


-CITE-
    7 USC SUBCHAPTER III - FOREIGN COMMERCE                     01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS
    SUBCHAPTER III - FOREIGN COMMERCE

-HEAD-
                     SUBCHAPTER III - FOREIGN COMMERCE                 

-End-



-CITE-
    7 USC Sec. 1581                                             01/03/2007

-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.(!1)

        (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, Secs.
    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.

-FOOTNOTE-               

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


-End-



-CITE-
    7 USC Sec. 1582                                             01/03/2007

-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, Secs. 13, 14, Aug. 1, 1958, 72 Stat. 478, 479; Pub. L. 89-
    686, Secs. 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.

-End-



-CITE-
    7 USC Secs. 1583, 1584                                      01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS
    SUBCHAPTER III - FOREIGN COMMERCE

-HEAD-
    Secs. 1583, 1584. Repealed.

-MISC1-
    Secs. 1583, 1584. Repealed. Pub. L. 97-439, Sec. 5(b)(4), Jan. 8,
      1983, 96 Stat. 2288.
      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.

-End-



-CITE-
    7 USC Sec. 1585                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1586                                             01/03/2007

-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.

-End-


-CITE-
    7 USC SUBCHAPTER IV - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 37 - SEEDS
    SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-
                    SUBCHAPTER IV - GENERAL PROVISIONS                

-End-



-CITE-
    7 USC Sec. 1591                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1592                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1593                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1593a                                            01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1594                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1595                                             01/03/2007

-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

-End-



-CITE-
    7 USC Sec. 1596                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1597                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1598                                             01/03/2007

-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 (!1) his views, either orally or in writing, with regard
    to such contemplated proceeding.


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


-MISC1-
                              EFFECTIVE DATE                          
      See section 1610 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "present".


-End-



-CITE-
    7 USC Sec. 1599                                             01/03/2007

-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.


-MISC2-
                              EFFECTIVE DATE                          
      See section 1610 of this title.

-End-



-CITE-
    7 USC Sec. 1600                                             01/03/2007

-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.


-MISC2-
                     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.

-End-



-CITE-
    7 USC Sec. 1601                                             01/03/2007

-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.


-MISC2-
                     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.

-End-



-CITE-
    7 USC Sec. 1602                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1603                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1604                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1605                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1606                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1607                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1608                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1609                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 1610                                             01/03/2007

-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.)

-End-


-CITE-
    7 USC SUBCHAPTER V - SALE OF UNCERTIFIED SEED OF PROTECTED
           VARIETY                                         01/03/2007

-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   

-End-



-CITE-
    7 USC Sec. 1611                                             01/03/2007

-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.


-MISC1-
                                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.

-End-