United States Code

TITLE 7 - AGRICULTURE

CHAPTER 37 - SEEDS

§ 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 Repealed.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.

§ 1551. Short title

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

§ 1561. Definition of terms

(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

(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;

(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).

§ 1562. False representations as certified seed; required provisions

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.

§ 1571. Prohibitions relating to interstate commerce in certain seeds

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

(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;

(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.

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.

§ 1572. Records

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.

§ 1573. Exemptions

(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;

(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;

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.

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.

§ 1574. Disclaimers, limited warranties and nonwarranties

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.

§ 1575. False advertising

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.

§ 1581. Prohibitions relating to importations

The importation into the United States is prohibited of -

(1) any agricultural or vegetable seeds if any such seed contains noxious-weed seeds or the

labeling of which is false or misleading in any respect;

(2) screenings of any seeds subject to this subchapter (except that this shall not apply to

screenings of wheat, oats, rye, barley, buckwheat, field corn, sorghum, broomcorn, flax,

millet, proso, soybeans, cowpeas, field peas, or field beans, which are not imported for

seeding purposes and are declared for cleaning, processing, or manufacturing purposes, and

not for seeding purposes);

(3) any seed containing 10 per centum or more of any agricultural or vegetable seeds, unless

the invoice pertaining to such seed and any other labeling of such seed bear a lot identification

and the name of each kind and variety of vegetable seed present in any amount and each kind

or kind and variety of agricultural seed present in excess of 5 per centum of the whole, and

unless in the case of hybrid seed present in excess of 5 per centum of the whole it is

designated as hybrid. (FOOTNOTE 1)

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

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

thereof, for seeding purposes, that have been treated, unless each container thereof bears a

label giving the following information and statements in accordance with rules and regulations

prescribed under section 1592 of this title:

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

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

of any substance used in such treatment;

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.

§ 1582. Procedure relating to importations; disposal of refuse; exceptions

(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.

(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.

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

§ 1585. Certain seeds not adapted for general agricultural use

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.

§ 1586. Certain acts prohibited

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.

§ 1591. Delegation of duties

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.

§ 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.

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.

§ 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.

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.

§ 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.

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.

§ 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.

§ 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.

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.

§ 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.

§ 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.

§ 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 (FOOTNOTE 1) his

views, either orally or in writing, with regard to such contemplated proceeding.

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

§ 1599. Cease and desist proceedings

(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.

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.

§ 1600. Appeal to court of appeals

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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 1610. Effective date

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.

§ 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.