7 U.S.C. § 1593 — Standards, tests, tolerances

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 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 alterations No person shall detach, alter, deface, or de- stroy any label provided for in this chapter or the rules and regulations made and promulgated thereunder by the Secretary of Agriculture, or alter or substitute seed in a manner that may defeat the purpose of this chapter. (Aug. 9, 1939, ch. 615, title IV, § 404, 53 Stat. 1286.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1595. Seizure (a) Any seed sold, delivered for transportation in interstate commerce, or transported in inter- state 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 infor- mation 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 con- trary 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 pro- ceeds of the sale, less the court costs and fees and storage and other proper expenses, shall be paid into the Treasury as miscellaneous re- ceipts, but such seed shall not be sold or dis- posed of in any jurisdiction contrary to the pro- visions of this chapter and the rules and regula- tions 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 de- mand 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. (Aug. 9, 1939, ch. 615, title IV, § 405, 53 Stat. 1286.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title § 1596. Penalties (a) Any person who knowingly, or as a result either of gross negligence or of a failure to make a reasonable effort to inform himself of the per- tinent facts, violates any provision of this chap- ter or the rules and regulations made and pro- mulgated thereunder shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not more than $1,000, for the first offense, and upon conviction for each subsequent offense not more than $2,000. (b) Any person who violates any provision of this chapter or the rules and regulations made and promulgated thereunder shall forfeit to the United States a sum, not less than $25 or more than $500, for each such violation, which for- feiture shall be recoverable in a civil suit brought in the name of the United States. (Aug. 9, 1939, ch. 615, title IV, § 406, 53 Stat. 1286; July 9, 1956, ch. 520, § 1, 70 Stat. 508.) Editorial Notes AMENDMENTS 1956—Act July 9, 1956, designated existing provisions as subsec. (a), inserted ‘‘knowingly or as a result either