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7 U.S.C. § 1596 — Seizure

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1596 — 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.

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Stable record: federal_law:legal_authorities:record_usc_7aecefc4ab794552c7d86a46
Source file: Laws/federal/codes/united-states-code/title-7/section-1596-seizure--212876d96d.md
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Source location: Title 7, Chapter 37, § 1596; chapter-037-seeds.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1610 — 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.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1575 — 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.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1603 — 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.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1596 — Penalties

Page 890 TITLE 7—AGRICULTURE § 1593a 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.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1593a. Seed variety information and survey (a) Information (1) In general Grain submitted for public testing shall be evaluated for selected specific agronomic per- formance characteristics and intrinsic end-use performance characteristics, as determined by the Secretary, with the results of the evalua- tions made available to the Secretary. (2) Dissemination of information The Secretary shall disseminate varietal performance information obtained under para- graph (1) to plant breeders, producers, and end users. (b) Survey The Secretary shall periodically conduct, com- pile, and publish a survey of grain varieties com- mercially produced in the United States. (c) Analysis of variety survey data The Secretary shall analyze the variety sur- veys conducted under subsection (b) in conjunc- tion with available applied research information on intrinsic quality characteristics of the vari- eties, to evaluate general intrinsic crop quality characteristics and trends in production related to intrinsic quality characteristics. This infor- mation shall be disseminated as required by sub- section (a)(2). (Pub. L. 101–624, title XX, § 2013, Nov. 28, 1990, 104 Stat. 3933.) Editorial Notes CODIFICATION Section was enacted as part of the Grain Quality In- centives Act of 1990, and also as part of the Food, Agri- culture, Conservation, and Trade Act of 1990, and not as part of the Federal Seed Act which comprises this chapter. § 1594. Prohibition against a

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