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7 U.S.C. § 1551 — Illegal sales of uncertified seed

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

7 U.S.C. § 1551 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) 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.

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Stable record: federal_law:legal_authorities:record_usc_aa8bef06108e4755e7d91dc9
Source file: Laws/federal/codes/united-states-code/title-7/section-1551-illegal-sales-of-uncertified-seed--c84c46b943.md
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Source location: Title 7, Chapter 37, § 1551; chapter-037-seeds.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) 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.

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

7 U.S.C. § 2321 — Establishment

There is hereby established in the Department of Agriculture an office to be known as the Plant Variety Protection Office, which shall have the functions set forth in this chapter.

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

7 U.S.C. § 4301 — Congressional findings and declaration of policy

Flowers and plants are an integral part of American life, contributing a natural and beautiful element, especially in urban areas, to what is increasingly a manmade, artificial environment for this country’s citizens. Providing comfort and pleasure for many special occasions as well as for everyday living, flowers and plants work against visual pollution and, in the case of green plants, generate oxygen within their environment. The flowers and plants to which this chapter refers are cut flowers, potted flowering plants, and foliage plants. These flowers and plants are produced by many individual producers throughout the United States and in foreign countries. These products move in interstate and foreign commerce, and those that do not move in such channels of commerce directly burden or affect interstate commerce of these products. The maintenance and expansion of existing markets and the development of new or improved markets and uses are vital to the welfare of flower and plant producers, brokers, wholesalers, and retailers throughout the Nation. The floral industry within the United States is comprised mainly of small- and medium-sized businesses. The producers are primarily agriculturally-oriented companies rather than promotion-oriented companies. The development and implementation of coordinated programs of research and promotion necessary for the maintenance of markets and the development of new markets have been inadequate. Without cooperative action in providing for and financing such programs, individual flower and plant producers, wholesalers, and retailers are unable to implement programs of research, consumer and producer information, and promotion necessary to maintain and improve markets for these products. It is widely recognized that it is in the publ

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4301

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

15 U.S.C. § 1459 — Definitions

For the purpose of this chapter— **(a)** The term “consumer commodity”, except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.]), and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include— (1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product; (2) any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C. 136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136&num=0&edition=prelim) et seq.], or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of March 4, 1913 (37 Stat. 832–833; [21 U.S.C. 151–157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section151–157&num=0&edition=prelim)),11 See References in Text note below. commonly known as the Virus-Serum-Toxin Act; (3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 353(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section353/b/1&num=0&edition=prelim) an

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

15 U.S.C. § 2311 — Applicability to other laws

**(a) Federal Trade Commission Act and Federal Seed Act** (1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] or any statute defined therein as an Antitrust Act. (2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act [[7 U.S.C. 1551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1551&num=0&edition=prelim) et seq.] and nothing in this chapter shall apply to seed for planting. **(b) Rights, remedies, and liabilities** (1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law. (2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury. **(c) State warranty laws** (1) Except as provided in subsection (b) and in paragraph (2) of this subsection, a State requirement— (A) which relates to labeling or disclosure with respect to written warranties or performance thereunder; (B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and (C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule thereunder), shall not be applicable to written warranties complying with such sections (or rules thereunder). (2) If, upon application of an appropriate State

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2311

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

6 U.S.C. § 238 — Transfer of certain agricultural inspection functions of the Department of Agriculture

**(a) Transfer of agricultural import and entry inspection functions** There shall be transferred to the Secretary the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under the laws specified in subsection (b). **(b) Covered animal and plant protection laws** The laws referred to in subsection (a) are the following: (1) The Act commonly known as the Virus-Serum-Toxin Act (the eighth paragraph under the heading “Bureau of Animal Industry” in the Act of March 4, 1913; [21 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section151&num=0&edition=prelim) et seq.). (2) Section 1 of the Act of August 31, 1922 (commonly known as the Honeybee Act; [7 U.S.C. 281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section281&num=0&edition=prelim)). (3) Title III of the Federal Seed Act ([7 U.S.C. 1581](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1581&num=0&edition=prelim) et seq.). (4) The Plant Protection Act ([7 U.S.C. 7701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7701&num=0&edition=prelim) et seq.). (5) The Animal Health Protection Act (subtitle E of title X of Public Law 107–171; [7 U.S.C. 8301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8301&num=0&edition=prelim) et seq.). (6) The Lacey Act Amendments of 1981 ([16 U.S.C. 3371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3371&num=0&edition=prelim) et seq.). (7) Section 11 of the Endangered Species Act of 1973 ([16 U.S.C. 1540](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540&num=0&edition=prelim)). **(c) Exclusion of quarantine activities** For purposes

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 238

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

7 U.S.C. § 136o — Imports and exports

**(a) Pesticides and devices intended for export** Notwithstanding any other provision of this subchapter, no pesticide or device or active ingredient used in producing a pesticide intended solely for export to any foreign country shall be deemed in violation of this subchapter— (1) when prepared or packed according to the specifications or directions of the foreign purchaser, except that producers of such pesticides and devices and active ingredients used in producing pesticides shall be subject to sections 136(p), 136(q)(1)(A), (C), (D), (E), (G), and (H), 136(q)(2)(A), (B), (C)(i) and (iii), and (D), 136e, and 136f of this title; and (2) in the case of any pesticide other than a pesticide registered under section 136a or sold under [section 136d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/a/1&num=0&edition=prelim), if, prior to export, the foreign purchaser has signed a statement acknowledging that the purchaser understands that such pesticide is not registered for use in the United States and cannot be sold in the United States under this subchapter. A copy of that statement shall be transmitted to an appropriate official of the government of the importing country. **(b) Cancellation notices furnished to foreign governments** Whenever a registration, or a cancellation or suspension of the registration of a pesticide becomes effective, or ceases to be effective, the Administrator shall transmit through the State Department notification thereof to the governments of other countries and to appropriate international agencies. Such notification shall, upon request, include all information related to the cancellation or suspension of the registration of the pesticide and information concerning other pesticides th

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

7 U.S.C. § 1551 — Short title

Page 879 TITLE 7—AGRICULTURE § 1561 Sec. 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 agen- cies. 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.’’ (Aug. 9, 1939, ch. 615, § 1, 53 Stat. 1275.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. SHORT TITLE OF 1983 AMENDMENT Pub. L. 97–439, § 1, Jan. 8, 1983, 96 Stat. 2287, provided that: ‘‘This Act [amending sections 1561, 1571, 1581, 1582, 1585, and 1586 of this title and repealing sections 1583 and 1584 of this title] may be cited as the ‘Federal Seed Act Amendments of 1982’.’’ SUBCHAPTER I—DEFINITIONS § 1561. Definition of terms (a) When used in this chapter— (1) The term ‘‘United States’’ means the sev- eral States, District of Columbia, and Puerto Rico. (2) The term ‘‘person’’ includes a partner- ship, corporation, company, society, or asso- ciation. (3) The term ‘‘interstate commerce’’ means— (A) commerce between any State, Terri- tory, 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 p

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1551

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

7 U.S.C. § 2321 — Establishment

Page 1495 TITLE 7—AGRICULTURE § 2321 Sec. 2352. Form of papers filed. 2353. Testimony in Plant Variety Protection Office cases. 2354. Subpoenas; witnesses. 2355. Effect of defective execution. 2356. Regulations for practice before the Office. 2357. Unauthorized practice. PART C—PLANT VARIETY PROTECTION FEES 2371. Plant variety protection fees. 2372. Payment of plant variety protection fees; re- turn of excess amounts. SUBCHAPTER II—PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION PART D—PROTECTABILITY OF PLANT VARIETIES 2401. Definitions and rules of construction. 2402. Right to plant variety protection; plant vari- eties protectable. 2403. Reciprocity limits. 2404. Public interest in wide usage. PART E—APPLICATIONS; FORM; WHO MAY FILE; RELATING BACK; CONFIDENTIALITY 2421. Application for recognition of plant variety rights. 2422. Content of application. 2423. Joint breeders. 2424. Death or incapacity of breeder. 2425. Benefit of earlier filing date. 2426. Confidential status of application. 2427. Publication. PART F—EXAMINATIONS; RESPONSE TIME; INITIAL APPEALS 2441. Examination of application. 2442. Notice of refusal; reconsideration. 2443. Initial appeal. PART G—APPEALS TO COURTS AND OTHER REVIEW 2461. Appeals. 2462. Civil action against Secretary. 2463. Repealed. PART H—CERTIFICATES OF PLANT VARIETY PROTECTION 2481. Plant variety protection. 2482. How issued. 2483. Contents and term of plant variety protec- tion. 2484. Correction of Plant Variety Protection Office mistake. 2485. Correction of applicant’s mistake. 2486. Correction of named breeder. PART I—REEXAMINATION AFTER ISSUE, AND CONTESTED PROCEEDINGS 2501. Reexamination after issue. 2502, 2503. Repealed. 2504. Inte

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