dreamproit/uscode huggingface dataset:
7 U.S.C. § 1592 (AGRICULTURE)
§ 1592. Rules and regulations
(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.
(Aug. 9, 1939, ch. 615, title IV, § 402, 53 Stat. 1285.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1593 (AGRICULTURE)
§ 1593. Standards, tests, tolerances
(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.
(Aug. 9, 1939, ch. 615, title IV, § 403, 53 Stat. 1285.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1593a (AGRICULTURE)
§ 1593a. Seed variety information and survey
(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) 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).
(Pub. L. 101–624, title XX, § 2013, Nov. 28, 1990, 104 Stat. 3933.)
heading: Editorial Notes
heading: Codification
text: 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.
7 U.S.C. § 1594 (AGRICULTURE)
§ 1594. Prohibition against alterations
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.
(Aug. 9, 1939, ch. 615, title IV, § 404, 53 Stat. 1286.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1595 (AGRICULTURE)
§ 1595. Seizure
(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.
(Aug. 9, 1939, ch. 615, title IV, § 405, 53 Stat. 1286.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title
7 U.S.C. § 1596 (AGRICULTURE)
§ 1596. Penalties
(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.
(Aug. 9, 1939, ch. 615, title IV, § 406, 53 Stat. 1286; July 9, 1956, ch. 520, § 1, 70 Stat. 508.)
heading: Editorial Notes
heading: Amendments
text: 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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1956 Amendment
text: Act July 9, 1956, ch. 520, § 4, 70 Stat. 508, 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].”
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1597 (AGRICULTURE)
§ 1597. Agent’s acts as binding principal
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.
(Aug. 9, 1939, ch. 615, title IV, § 407, 53 Stat. 1286.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1598 (AGRICULTURE)
§ 1598. Notice of intention to prosecute
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.
(Aug. 9, 1939, ch. 615, title IV, § 408, 53 Stat. 1286.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1601 (AGRICULTURE)
§ 1601. Enforcement of order
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.
(Aug. 9, 1939, ch. 615, title IV, § 411, 53 Stat. 1288; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 24(c), Aug. 28, 1958, 72 Stat. 949; Pub. L. 98–620, title IV, § 402(7)(B), Nov. 8, 1984, 98 Stat. 3357.)
heading: Editorial Notes
heading: Amendments
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: 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.
heading: Effective Date of 1984 Amendment
text: 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.
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1602 (AGRICULTURE)
§ 1602. Separability
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.
(Aug. 9, 1939, ch. 615, title IV, § 412, 53 Stat. 1288; July 9, 1956, ch. 520, § 3, 70 Stat. 508.)
heading: Editorial Notes
heading: Amendments
text: 1956—Act July 9, 1956, inserted references to civil penalties as well as criminal penalties under section 1596 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1956 Amendment
text: 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.
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1603 (AGRICULTURE)
§ 1603. Procedural powers; witness fees and mileage
(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.
(Aug. 9, 1939, ch. 615, title IV, § 413, 53 Stat. 1289.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1604 (AGRICULTURE)
§ 1604. Publication
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.
(Aug. 9, 1939, ch. 615, title IV, § 414, 53 Stat. 1289.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1605 (AGRICULTURE)
§ 1605. Authorization of appropriations
(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.
(Aug. 9, 1939, ch. 615, title IV, § 415, 53 Stat. 1289; Sept. 21, 1944, ch. 412, title VII, § 701(b), 58 Stat. 741.)
heading: Editorial Notes
heading: Amendments
text: 1944—Act Sept. 21, 1944, added last par.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1606 (AGRICULTURE)
§ 1606. Authorization of expenditures
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.
(Aug. 9, 1939, ch. 615, title IV, § 416, 53 Stat. 1289.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1607 (AGRICULTURE)
§ 1607. Cooperation with other governmental agencies
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.
(Aug. 9, 1939, ch. 615, title IV, § 417, 53 Stat. 1289.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1608 (AGRICULTURE)
§ 1608. Separability
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.
(Aug. 9, 1939, ch. 615, title IV, § 418, 53 Stat. 1290.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1609 (AGRICULTURE)
§ 1609. Repeals
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.
(Aug. 9, 1939, ch. 615, title IV, § 419, 53 Stat. 1290.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: See section 1610 of this title.
7 U.S.C. § 1611 (AGRICULTURE)
§ 1611. Illegal sales of uncertified seed
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.
(Aug. 9, 1939, ch. 615, title V, § 501, as added Pub. L. 91–577, title III, § 142(a), Dec. 24, 1970, 84 Stat. 1558; amended Pub. L. 97–98, title XI, § 1118, Dec. 22, 1981, 95 Stat. 1272.)
heading: Editorial Notes
heading: References in Text
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 (§ 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.
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1981 Amendment
text: 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.
heading: Effective Date
text: Section effective Dec. 24, 1970, see section 141 of Pub. L. 91–577, set out as a note under section 2321 of this title.
7 U.S.C. § 1622a (AGRICULTURE)
§ 1622a. Authority to assist farmers and elevator operators
The Secretary may provide technical assistance (including information on such financial assistance as may be available) to grain producers and elevator operators to assist such producers and operators in installing or improving grain cleaning, drying or storage equipment.
(Pub. L. 101–624, title XX, § 2014, Nov. 28, 1990, 104 Stat. 3933.)
heading: Editorial Notes
heading: Codification
text: 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 Agricultural Marketing Act of 1946 which comprises this chapter.
7 U.S.C. § 1622c (AGRICULTURE)
§ 1622c. Repealed. Pub. L. 113–79, title X, § 10002, Feb. 7, 2014, 128 Stat. 940
text: Section, Pub. L. 110–234, title X, § 10403, May 22, 2008, 122 Stat. 1349; Pub. L. 110–246, § 4(a), title X, § 10403, June 18, 2008, 122 Stat. 1664, 2111, related to a grant program to improve movement of specialty crops.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 113–79, title X, § 10002, Feb. 7, 2014, 128 Stat. 940, provided that: “Effective October 1, 2013, section 10403 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) is repealed.”
7 U.S.C. § 1626 (AGRICULTURE)
§ 1626. Definitions
When used in this chapter, the term “agricultural products” includes agricultural, horticultural, viticultural, and dairy products, livestock and poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any and all products raised or produced on farms and any processed or manufactured product thereof, and the term “State” when used in this chapter 1 shall include the Virgin Islands and Guam.
(Aug. 14, 1946, ch. 966, title II, § 207, 60 Stat. 1091; Pub. L. 92–318, title V, § 506(f), June 23, 1972, 86 Stat. 351.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text inserted by Pub. L. 92–318, probably means title II of act Aug. 14, 1946, which is classified generally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 1621 of this title and Tables.
heading: Amendments
text: 1972—Pub. L. 92–318 inserted “, and the term ‘State’ when used in this chapter shall include the Virgin Islands and Guam” before period at end.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1972 Amendment
text: Amendment by Pub. L. 92–318 effective after June 30, 1970, see section 506(n) of Pub. L. 92–318, set out as a note under section 326a of this title.