7 U.S.C. § 1596 — Penalties

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 Page 891 TITLE 7—AGRICULTURE § 1599 1 So in original. Probably should be ‘‘present’’. of gross negligence or of a failure to make a reasonable effort to inform himself of the pertinent facts,’’ and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1956 AMENDMENT Act July 9, 1956, ch. 520, § 4, 70 Stat. 508, provided that: ‘‘The amendments made by this Act [amending sections 1574, 1596, and 1602 of this title] shall be applicable only with respect to violations occurring after the enact- ment of this Act [July 9, 1956].’’ EFFECTIVE DATE See section 1610 of this title. § 1597. Agent’s acts as binding principal When construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person, partnership, corpora- tion, company, society, or association, shall in every case be also deemed to be the act, omis- sion, or failure of such person, partnership, cor- poration, company, society, or association, as well as that of the person employed. (Aug. 9, 1939, ch. 615, title IV, § 407, 53 Stat. 1286.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1598. Notice of intention to prosecute Before any violation of this chapter is re- ported by the Secretary of Agriculture to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to pre- vent 1 his views, either orally or in writing, with regard to such contemplated proceeding. (Aug. 9, 1939, ch. 615, title IV, § 408, 53 Stat. 1286.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1599. Cease and desist proceedings (a) Hearing Whenever the Secretary of Agriculture has reason to believe that any person has violated or is violating any of the provisions of this chapter or the rules and regulations made and promul- gated thereunder, he shall cause a complaint in writing to be served upon the person, stating his charges in that respect, and requiring the person to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the person a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such rules and regulations as the Sec- retary of Agriculture may prescribe. At any time prior to the close of the hearing the Sec- retary of Agriculture may amend the complaint; but in case of any amendment adding new provi- sions the hearing shall, on the request of the person, be adjourned for a period not exceeding fifteen days. (b) Report of Secretary of Agriculture If, after such hearing, the Secretary of Agri- culture finds that the person has violated or is violating any provisions of the chapter or rules and regulations covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the person an order requir- ing such person to cease and desist from con- tinuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. (c) Amendment of report Until the record in such hearing has been filed in a court of appeals as provided in section 1600 of this title, the Secretary of Agriculture at any time, upon such notice and in such manner as he deems proper, but only after reasonable oppor- tunity to the person to be heard, may amend or set aside the report or order, in whole or in part. (d) Service Complaints, orders, and other processes of the Secretary of Agriculture under this section may be served by anyone duly authorized by the Sec- retary of Agriculture, either (1) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive offi- cer or a director of the corporation to be served; or (2) by leaving a copy thereof at the principal office or place of business of such person, part- nership, or corporation; or (3) by mailing a copy thereof by registered mail or by certified mail addressed to such person, partnership, or cor- poration at his or its last known principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said order shall be proof of the same, and the return postoffice receipt for said complaint, order, or other process mailed by registered mail or by certified mail as aforesaid shall be proof of the service of the same. (Aug. 9, 1939, ch. 615, title IV, § 409, 53 Stat. 1287; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 24(a), Aug. 28, 1958, 72 Stat. 949; Pub. L. 86–507, § 1(7), June 11, 1960, 74 Stat. 200.) Editorial Notes AMENDMENTS 1960—Subsec. (d). Pub. L. 86–507 substituted ‘‘mailing a copy thereof by registered mail or by certified mail’’ for ‘‘registering and mailing a copy thereof’’ and ‘‘mailed by registered mail or by certified mail’’ for ‘‘registered and mailed’’. 1958—Subsec. (c). Pub. L. 85–791 struck out ‘‘a tran- script of’’ before ‘‘the record’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of ap- peals’’ which appeared in subsec. (c) of this section.