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7 U.S.C. § 1575 — Disclaimers, limited warranties and nonwarranties
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-7/section-1575-disclaimers-limited-warranties-and-nonwarranties--46a50713de.md
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Source location: Title 7, Chapter 37, § 1575; chapter-037-seeds.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1596
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1610
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Federal law — U.S. Code and appendices · legal_authorities
Page 886
TITLE 7—AGRICULTURE
§ 1575
1 So in original. The period probably should be a semicolon.
brought under provisions of this chapter and stated
that use of enumerated clauses as defenses in pro-
ceedings not brought under this chapter is not barred.
1956—Act July 9, 1956, substituted ‘‘or other pro-
ceeding’’ for ‘‘, or in any proceeding for confiscation of
seeds,’’.
Statutory Notes and Related Subsidiaries
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.
§ 1575. False advertising
It shall be unlawful for any person to dissemi-
nate, or cause to be disseminated, any false ad-
vertisement concerning seed, by the United
States mails, or in interstate or foreign com-
merce, in any manner or by any means, includ-
ing 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 Sec-
retary 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.
(Aug. 9, 1939, ch. 615, title II, § 205, 53 Stat. 1282.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
See section 1610 of this title.
SUBCHAPTER III—FOREIGN COMMERCE
§ 1581. Prohibi
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1575
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