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7 U.S.C. § 1562 — False representations as certified seed; re-
Federal law — U.S. Code and appendices · legal_authorities
Page 881
TITLE 7—AGRICULTURE
§ 1571
mined by methods prescribed under section 1593 of this
title, was struck out.
Subsec. (a)(18) to (25). Pub. L. 97–439, § 5(a)(2), redesig-
nated pars. (18) through (25) as (17) through (24), respec-
tively.
1969—Subsec. (a)(25). Pub. L. 91–89 inserted provision
authorizing Secretary (after due notice, hearing, and
full consideration of the views of interested parties) to
approve of the standards and procedures of seed certi-
fying agencies authorized under the laws of a State,
Territory, or possession.
1966—Subsec. (a)(1). Pub. L. 89–686, § 1, struck out ref-
erences to ‘‘Alaska,’’ and ‘‘Hawaii,’’ before and after
‘‘District of Columbia,’’.
Subsec. (a)(4). Pub. L. 89–686, § 19, inserted ‘‘treat-
ment’’ before ‘‘variety’’.
Subsec. (a)(7)(A). Pub. L. 89–686, § 2, redefined ‘‘agri-
cultural seeds’’ to be such as are listed in rules and reg-
ulations rather than in statutory text as added to or
taken therefrom pursuant to rules and regulations.
Subsec. (a)(8)(A)(ii), (9)(A)(ii). Pub. L. 89–686, § 1,
struck out reference to ‘‘Alaska, Hawaii,’’ before
‘‘Puerto Rico’’.
Subsec. (a)(10). Pub. L. 89–686, § 1, struck out ref-
erences to ‘‘Alaska,’’ and ‘‘Hawaii,’’ before and after
‘‘District of Columbia,’’.
Subsec. (a)(11). Pub. L. 89–686, § 3, substituted ‘‘soy-
bean, flax, carrot, radish’’ for ‘‘wheat, oat, vetch,
sweetclover’’.
1958—Subsec. (a)(7)(A). Pub. L. 85–581, § 1, included
sugar beets in list of seeds subject to this chapter by
striking out ‘‘excluding sugar beet’’ after ‘‘Beta
vulgaris L.—Field beet’’.
Subsec. (a)(24). Pub. L. 85–581, § 2, added par. (24).
Subsec. (a)(25). Pub. L. 85–581, § 3, added par. (25).
1956—Subsec. (a)(8)(A)(ii). Act Aug. 1, 1956, § 1(a), in-
serted ‘‘Guam’’ after ‘‘Puerto Rico’’.
S
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Page 881
TITLE 7—AGRICULTURE
§ 1571
mined by methods prescribed under section 1593 of this
title, was struck out.
Subsec. (a)(18) to (25). Pub. L. 97–439, § 5(a)(2), redesig-
nated pars. (18) through (25) as (17) through (24), respec-
tively.
1969—Subsec. (a)(25). Pub. L. 91–89 inserted provision
authorizing Secretary (after due notice, hearing, and
full consideration of the views of interested parties) to
approve of the standards and procedures of seed certi-
fying agencies authorized under the laws of a State,
Territory, or possession.
1966—Subsec. (a)(1). Pub. L. 89–686, § 1, struck out ref-
erences to ‘‘Alaska,’’ and ‘‘Hawaii,’’ before and after
‘‘District of Columbia,’’.
Subsec. (a)(4). Pub. L. 89–686, § 19, inserted ‘‘treat-
ment’’ before ‘‘variety’’.
Subsec. (a)(7)(A). Pub. L. 89–686, § 2, redefined ‘‘agri-
cultural seeds’’ to be such as are listed in rules and reg-
ulations rather than in statutory text as added to or
taken therefrom pursuant to rules and regulations.
Subsec. (a)(8)(A)(ii), (9)(A)(ii). Pub. L. 89–686, § 1,
struck out reference to ‘‘Alaska, Hawaii,’’ before
‘‘Puerto Rico’’.
Subsec. (a)(10). Pub. L. 89–686, § 1, struck out ref-
erences to ‘‘Alaska,’’ and ‘‘Hawaii,’’ before and after
‘‘District of Columbia,’’.
Subsec. (a)(11). Pub. L. 89–686, § 3, substituted ‘‘soy-
bean, flax, carrot, radish’’ for ‘‘wheat, oat, vetch,
sweetclover’’.
1958—Subsec. (a)(7)(A). Pub. L. 85–581, § 1, included
sugar beets in list of seeds subject to this chapter by
striking out ‘‘excluding sugar beet’’ after ‘‘Beta
vulgaris L.—Field beet’’.
Subsec. (a)(24). Pub. L. 85–581, § 2, added par. (24).
Subsec. (a)(25). Pub. L. 85–581, § 3, added par. (25).
1956—Subsec. (a)(8)(A)(ii). Act Aug. 1, 1956, § 1(a), in-
serted ‘‘Guam’’ after ‘‘Puerto Rico’’.
Subsec. (a)(9)(A)(ii). Act Aug. 1, 1956, § 1(b), inserted
‘‘Guam’’ after ‘‘Puerto Rico’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1958 AMENDMENT
Pub. L. 85–581, § 16, provided that: ‘‘This Act, and the
amendments [amending sections 1561, 1562, 1571 to 1574,
1581, 1582, and 1586 of this title] made hereby, shall take
effect upon the date of enactment [Aug. 1, 1958].’’
EFFECTIVE DATE
See section 1610 of this title.
Executive Documents
ADMISSION OF ALASKA AND HAWAII TO STATEHOOD
Alaska was admitted into the Union on Jan. 3, 1959,
on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73
Stat. C16, and Hawaii was admitted into the Union on
Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959,
24 F.R. 6868, 73 Stat. C74. For Alaska Statehood Law,
see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as
a note preceding section 21 of Title 48, Territories and
Insular Possessions. For Hawaii Statehood Law, see
Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note
preceding section 491 of Title 48.
§ 1562. False representations as certified seed; re-
quired provisions
Any labeling, advertisement, or other rep-
resentation subject to this chapter which rep-
resents 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 dur-
ing the term of protection, and
(2) it conforms to the number of generations
designated by the certificate, if the certificate
contains such a designation.
(Aug. 9, 1939, ch. 615, title I, § 102, as added Pub.
L. 85–581, § 4, Aug. 1, 1958, 72 Stat. 476; amended
Pub. L. 91–89, § 2, Oct. 17, 1969, 83 Stat. 134; Pub.
L. 91–577, title III, § 142(b), Dec. 24, 1970, 84 Stat.
1558.)
Editorial Notes
REFERENCES IN TEXT
The Plant Variety Protection Act, referred to in text,
is Pub. L. 91–577, Dec. 24, 1970, 84 Stat. 1542, which is
classified principally to chapter 57 (§ 2321 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 2321 of
this title and Tables.
AMENDMENTS
1970—Pub. L. 91–577 inserted provisions setting out
conditions for certification of seed of any variety for
which a certificate of plant variety protection under
the Plant Variety Protection Act specifies sale only as
a class of certified seed.
1969—Pub. L. 91–89 struck out references to registered
seed, and required labels, advertisement, or other rep-
resentations to certify that the seed contained therein
was determined by a seed certifying agency to be of a
specified class and a specified kind of variety in con-
formity with the standards of genetic purity and iden-
tity as to kind or variety.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–577 effective Dec. 24, 1970,
see section 141 of Pub. L. 91–577, set out as an Effective
Date note under section 2321 of this title.
SUBCHAPTER II—INTERSTATE COMMERCE
§ 1571. Prohibitions relating to interstate com-
merce in certain seeds
It shall be unlawful for any person to trans-
port 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 regu-
lations 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 in-
tended for lawn and turf purposes, if any such
component is one which the Secretary of Agri-
culture has determined, in rules and regula-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
(C) commerce within the District of Columbia.
(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
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2321
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2321
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 2321. This identifies an authority to review, not proof of applicability.