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7 U.S.C. § 1603 — Separability
Federal law — U.S. Code and appendices · legal_authorities
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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Source location: Title 7, Chapter 37, § 1603; chapter-037-seeds.md
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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
**(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
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 893
TITLE 7—AGRICULTURE
§ 1606
set out as an Effective Date note under section 1657 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE
See section 1610 of this title.
§ 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 prosecu-
tion, 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.)
Editorial Notes
AMENDMENTS
1956—Act July 9, 1956, inserted references to civil pen-
alties as well as criminal penalties under section 1596 of
this title.
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 section 4 of act July 9, 1956, set out as a note
under section 1596 of this title.
EFFECTIVE DATE
See section 1610 of this title.
§ 1603. Procedural powers; witness fees and mile-
age
(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 heari
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1603
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