7 U.S.C. § 1585 — Certain seeds not adapted for general ag-

Page 888 TITLE 7—AGRICULTURE §§ 1583, 1584 AMENDMENT OF SECTION For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Ter- mination Dates of 1988 Amendment note below. Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–465, § 441(2)(A), struck out ‘‘staining,’’ before ‘‘cleaning, labeling,’’ in two places. Subsec. (e). Pub. L. 103–465, § 441(2)(B), struck out sub- sec. (e) which read as follows: ‘‘The provisions of this subchapter requiring certain seeds to be stained shall not apply— ‘‘(1) to alfalfa or clover seed originating in Canada or Mexico, or ‘‘(2) when seeds otherwise required to be stained will not be sold within the United States and will be used for seed production only by or for the importer or consignee and the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seeds will be used only for seed production by or for the importer or consignee.’’ 1993—Subsec. (e)(1). Pub. L. 103–182 inserted ‘‘or Mex- ico’’ after ‘‘Canada’’. 1988—Pub. L. 100–449 temporarily amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘The provisions of this subchapter requiring cer- tain seeds to be stained shall not apply when such seed will not be sold within the United States and will be used for seed production only by or for the importer or consignee: Provided, That the importer of record or con- signee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed will be used only for seed production by or for the importer or consignee.’’ See Effective and Termination Dates of 1988 Amendment note below. 1983—Subsec. (a). Pub. L. 97–439, § 5(b)(2), struck out provision that Secretary may apply statistical sam- pling and inspection techniques to samples and screenings to determine whether pure-live seed require- ment of any kind of seed was being met, in event of which he was to advise importer of each lot of seed not examined for pure-live seed percentage. Subsec. (d). Pub. L. 97–439, § 5(b)(3)(A), struck out ‘‘that is adulterated or unfit for seeding purposes’’ after ‘‘importation of seed’’ in provisions preceding par. (1). Subsec. (d)(3). Pub. L. 97–439, § 5(b)(3)(B), struck out cl. (3) which described the situation when seed not meeting the pure-live seed requirements of section 1584 of this title would not be sold within the United States and would be used for seed production only by or for the importer or consignee, providing that the importer of record or consignee filed a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed would be used only for seed production by or for the importer or con- signee. 1966—Subsec. (a). Pub. L. 89–686, § 15, authorized Sec- retary of Agriculture to apply statistical sampling and inspection techniques to samples and screenings to de- termine whether the pure-live seed requirement of any kind of seed is being met and to advise importer of each lot of seed not examined for pure-live seed percentage. Subsec. (d)(3). Pub. L. 89–686, § 16, added par. (3). Subsec. (e). Pub. L. 89–686, § 17, added subsec. (e). 1958—Subsec. (a). Pub. L. 85–851, § 13, inserted ‘‘owner or’’ before ‘‘consignee’’ wherever appearing, except in the two provisos, changed first proviso to bring its wording in line with practices generally followed with other commodities illegally placed into consumption, and provided in second proviso for reimbursement of all costs to the Federal Government incident to super- vision required under this chapter. Subsec. (d). Pub. L. 85–581, § 14, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Cus- toms Duties. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–449 effective on the date the United States-Canada Free-Trade Agreement en- ters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c), of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties. EFFECTIVE DATE See section 1610 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this subchapter to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. §§ 1583, 1584. Repealed. Pub. L. 97–439, § 5(b)(4), Jan. 8, 1983, 96 Stat. 2288 Section 1583, act Aug. 9, 1939, ch. 615, title III, § 303, 53 Stat. 1283, related to adulterated seed. Section 1584, acts Aug. 9, 1939, ch. 615, title III, § 304, 53 Stat. 1284; Oct. 15, 1966, Pub. L. 89–686, § 18, 80 Stat. 979, related to seed unfit for seeding purposes. § 1585. Certain seeds not adapted for general ag- ricultural use Whenever the Secretary of Agriculture, after a public hearing, determines that seed of alfalfa or red clover from any foreign country is not adapted for general agricultural use in the United States, the Secretary shall publish the determination and the reasons for the deter- mination. (Aug. 9, 1939, ch. 615, title III, § 303, as added Pub. L. 103–465, title IV, § 441(3), Dec. 8, 1994, 108 Stat. 4973.) Editorial Notes PRIOR PROVISIONS A prior section 1585, act Aug. 9, 1939, ch. 615, title III, § 303, formerly § 305, 53 Stat. 1284; renumbered § 303, Jan. 8, 1983, Pub. L. 97–439, § 5(b)(4), 96 Stat. 2288, related to requirement that certain seeds containing alfalfa and/ or red clover be stained, prior to repeal by Pub. L. 103–465, title IV, § 441(3), Dec. 8, 1994, 108 Stat. 4973. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as a note under section 3601 of Title 19, Customs Duties. Page 889 TITLE 7—AGRICULTURE § 1593 TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this subchapter to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1586. Certain acts prohibited It shall be unlawful for any person— (a) To sell or offer for sale— (1) any seed for seeding purposes if imported under this subchapter for other than seeding purposes; (2) any screenings of any seeds for seeding purposes if imported under this subchapter for other than seeding purposes; or (3) any seed which is prohibited entry under the provisions of this chapter. (b) To make any false or misleading represen- tation with respect to any seed subject to this subchapter being imported into the United States or offered for import: Provided, That this subsection shall not be deemed violated by any person if the false or misleading representation is the name of a variety indistinguishable in ap- pearance from the seed being imported or of- fered for import and the records and other perti- nent facts reveal that such person relied in good faith upon representations with respect to the name of the indistinguishable variety made by the shipper of the seed. (Aug. 9, 1939, ch. 615, title III, § 304, formerly § 306, 53 Stat. 1285; Pub. L. 85–581, § 15, Aug. 1, 1958, 72 Stat. 479; renumbered § 304, Pub. L. 97–439, § 5(b)(4), Jan. 8, 1983, 96 Stat. 2288; Pub. L. 103–465, title IV, § 441(4), Dec. 8, 1994, 108 Stat. 4973.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(4) to (7). Pub. L. 103–465, § 441(4)(A), struck out pars. (4) to (7) which read as follows: ‘‘(4) any seed which has been stained to resemble seed stained in accordance with the provisions of this chap- ter and the rules and regulations made and promul- gated thereunder; ‘‘(5) any seed stained under the provisions of this chapter and the rules and regulations made and pro- mulgated thereunder, when mixed with seed of the same kind produced in the United States; ‘‘(6) any seed stained with different colors; ‘‘(7) any seed stained under the provisions of this chapter, the labeling of which states that such seed is adapted.’’ Subsecs. (b), (c). Pub. L. 103–465, § 441(4)(B), (C), redes- ignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘To change the proportion of seeds stained under the provisions of this chapter and the rules and regulations made and promulgated there- under or to alter, modify, conceal, or remove in any manner or by any means the color of such stained seeds.’’ 1958—Subsec. (c). Pub. L. 85–581 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Cus- toms Duties. EFFECTIVE DATE See section 1610 of this title. SUBCHAPTER IV—GENERAL PROVISIONS § 1591. Delegation of duties Any duties devolving upon the Secretary of Agriculture by virtue of the provisions of this chapter may with like force and effect be exe- cuted by such officer or officers, agent or agents, of the Department of Agriculture as the Secretary may designate for the purpose. (Aug. 9, 1939, ch. 615, title IV, § 401, 53 Stat. 1285.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1592. Rules and regulations (a) The Secretary of Agriculture shall make such rules and regulations as he may deem nec- essary for the effective enforcement of this chapter, except as otherwise provided in this section. (b) The Secretary of the Treasury and the Sec- retary of Agriculture shall make, jointly or sev- erally, such rules and regulations as they may deem necessary for the effective enforcement of subchapter III of this chapter. (c) Prior to the promulgation of any rule or regulation under this chapter, due notice shall be given by publication in the Federal Register of intention to promulgate and the time and place of a public hearing to be held with ref- erence thereto, and no rule or regulation may be promulgated until after such hearing. Any rule or regulation shall become effective on the date fixed in the promulgation, which date shall be not less than thirty days after publication in the Federal Register and may be amended or re- voked in the manner provided for its promulga- tion. (Aug. 9, 1939, ch. 615, title IV, § 402, 53 Stat. 1285.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1593. Standards, tests, tolerances (a) The samplings, analyses, tests, or examina- tions of seeds made in connection with the ad- ministration of this chapter shall be made by methods set forth by rules and regulations pre- scribed under section 1592 of this title. (b) The Secretary of Agriculture is authorized and directed to make and promulgate by rules and regulations, reasonable tolerances as to the percentages and rates of occurrence required to be stated or required by this chapter. (c) For the purpose of section 1571(b) of this title, the Secretary of Agriculture is authorized and directed to investigate, determine, estab- lish, and promulgate from time to time such