7 U.S.C. § 1581 — Prohibitions relating to importations

Page 886 TITLE 7—AGRICULTURE § 1575 1 So in original. The period probably should be a semicolon. brought under provisions of this chapter and stated that use of enumerated clauses as defenses in pro- ceedings not brought under this chapter is not barred. 1956—Act July 9, 1956, substituted ‘‘or other pro- ceeding’’ for ‘‘, or in any proceeding for confiscation of seeds,’’. 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 note set out under section 1596 of this title. EFFECTIVE DATE See section 1610 of this title. § 1575. False advertising It shall be unlawful for any person to dissemi- nate, or cause to be disseminated, any false ad- vertisement concerning seed, by the United States mails, or in interstate or foreign com- merce, in any manner or by any means, includ- ing radio broadcasts: Provided, however, That no person, advertising agency, or medium for the dissemination of advertising, except the person who transported, delivered for transportation, sold, or offered for sale seed to which the false advertisement relates, shall be liable under this section by reason of disseminating or causing to be disseminated any false advertisement, unless he or it has refused, on the request of the Sec- retary of Agriculture, to furnish the Secretary the name and post-office address of the person, or advertising agency, residing in the United States, who caused, directly or indirectly, the dissemination of such advertisement. (Aug. 9, 1939, ch. 615, title II, § 205, 53 Stat. 1282.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. SUBCHAPTER III—FOREIGN COMMERCE § 1581. Prohibitions relating to importations The importation into the United States is pro- hibited of— (1) any agricultural or vegetable seeds if any such seed contains noxious-weed seeds or the labeling of which is false or misleading in any respect; (2) screenings of any seeds subject to this subchapter (except that this shall not apply to screenings of wheat, oats, rye, barley, buck- wheat, field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, field peas, or field beans, which are not imported for seeding purposes and are declared for cleaning, proc- essing, or manufacturing purposes, and not for seeding purposes); (3) any seed containing 10 per centum or more of any agricultural or vegetable seeds, unless the invoice pertaining to such seed and any other labeling of such seed bear a lot iden- tification and the name of each kind and vari- ety of vegetable seed present in any amount and each kind or kind and variety of agricul- tural seed present in excess of 5 per centum of the whole, and unless in the case of hybrid seed present in excess of 5 per centum of the whole it is designated as hybrid.1 (4) any agricultural seeds or any mixture thereof, or any vegetable seeds or any mixture thereof, for seeding purposes, that have been treated, unless each container thereof bears a label giving the following information and statements in accordance with rules and regu- lations prescribed under section 1592 of this title: (A) A word or statement indicating that the seeds have been treated; (B) The commonly accepted coined, chem- ical (generic), or abbreviated chemical name of any substance used in such treatment; (C) If the substance used in such treatment in the amount remaining with the seeds is harmful to humans or other vertebrate ani- mals, an appropriate caution statement ap- proved by the Secretary of Agriculture as adequate for the protection of the public, such as ‘‘Do not use for food or feed or oil purposes’’; Provided, That the caution state- ment for mercurials and similarly toxic sub- stances, as defined in said rules and regula- tions, shall be a representation of a skull and crossbones and a statement such as ‘‘This seed has been treated with POISON’’, in red letters on a background of distinctly contrasting color; and (D) A description, approved by the Sec- retary of Agriculture as adequate for the protection of the public, of any process used in such treatment. (Aug. 9, 1939, ch. 615, title III, § 301, 53 Stat. 1282; Pub. L. 85–581, § 12, Aug. 1, 1958, 72 Stat. 478; Pub. L. 89–686, §§ 13, 14, Oct. 15, 1966, 80 Stat. 978; Pub. L. 97–439, § 5(b)(1), Jan. 8, 1983, 96 Stat. 2288; Pub. L. 103–465, title IV, § 441(1), Dec. 8, 1994, 108 Stat. 4973.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–465 struck out ‘‘(a)’’ before ‘‘The im- portation’’ in introductory provisions, struck out ‘‘, or is required to be stained and is not so stained, under the terms of this subchapter,’’ after ‘‘noxious-weed seeds’’ in par. (1), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: ‘‘any seed containing 10 per cen- tum or more of the seeds of alfalfa or red clover, which has been stained prior to being offered for entry in a manner that does not permit compliance with the pro- visions of this subchapter and the regulations made and promulgated thereunder.’’ 1983—Subsec. (a)(1). Pub. L. 97–439 substituted ‘‘any agricultural or vegetable seeds if any such seed con- tains noxious weed seeds’’ for ‘‘any seed containing 10 per centum or more of any agricultural or vegetable seeds if any such seed is adulterated or unfit for seed- ing purposes’’. 1966—Subsec. (a)(4). Pub. L. 89–686, § 13, prohibited im- portation of any seed containing 10 per centum or more of any agricultural seeds and prescribed as additional prerequisites to importation a lot identification for the invoice and any other labeling, the kind and variety of seed present in any amount, each kind or kind and va- riety of seed present in excess of 5 per centum of the whole, and hybrid designation in case of hybrid seed present in excess of 5 per centum of the whole. Page 887 TITLE 7—AGRICULTURE § 1582 Subsec. (a)(5). Pub. L. 89–686, § 14, added par. (5). 1958—Subsec. (a)(4). Pub. L. 85–581 added par. (4). 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. 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. § 1582. Procedure relating to importations; dis- posal of refuse; exceptions (a) The Secretary of the Treasury shall deliver to the Secretary of Agriculture, subject to joint rules and regulations prescribed under section 1592 of this title, samples of seed and screenings which are being imported into the United States, or offered for import, giving notice thereof to the owner or consignee, and if it ap- pears from the examination of such samples that any seed or screenings offered to be im- ported into the United States are subject to the provisions of this subchapter and do not comply with the provisions of this subchapter, or if the labeling of such seed is false or misleading in any respect, such seed or screenings shall be re- fused admission, and the Secretary of the Treas- ury shall refuse delivery to the owner or con- signee, who may appear, however, before the Secretary of Agriculture and show cause why the seed or screenings should be admitted. Seed or screenings refused admission and not ex- ported by the owner or consignee within twelve months from the date of notice of such refusal shall be destroyed in accordance with joint rules and regulations prescribed under section 1592 of this title: Provided, That the Secretary of the Treasury may authorize the delivery of seed or screenings which are being imported or offered for import to the owner or consignee thereof, pending decision as to the admission of such seed or screenings and for cleaning, labeling, or other reconditioning if required to bring such seed or screenings into compliance with the pro- visions of this chapter, upon the execution by such owner or consignee of a good and sufficient bond conditioned upon redelivery of the seed or screenings upon demand unless redelivery is waived because the seed is reconditioned to bring it into compliance with this chapter or is destroyed under Government supervision under this chapter, and providing for the payment of such liquidated damages in the event of default as may be required pursuant to regulations of the Secretary of the Treasury: And provided fur- ther, That all expenses incurred by the United States (including travel, per diem or subsist- ence, and salaries of officers or employees of the United States) in connection with the super- vision of cleaning, labeling, other recondi- tioning, or destruction, of seed or screenings under this subchapter shall be reimbursed to the United States by the owner or consignee of the seed or screenings, and such reimbursements shall be recredited to the appropriation from which the expenses were paid, the amount of such expenses to be determined in accordance with joint regulations under section 1592 of this title, and all expenses in connection with the storage, cartage, and labor on the seed or screenings which are refused admission or deliv- ery, shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against future importations made by such owner or consignee. (b) The refuse from any seeds or screenings which are allowed to be cleaned under bond shall be destroyed in accordance with joint rules and regulations prescribed under section 1592 of this title. (c) The provisions of this subchapter shall not apply— (1) when seed is shipped in bond through the United States, or (2) when the Secretary of Agriculture finds that a substantial proportion of the importa- tions of any kind of seed is used for other than seeding purposes, and he provides by rules and regulations that seed of such kind not im- ported for seeding purposes shall be exempted from the provisions of the chapter: Provided, That importations of such kinds of seed shall be accompanied by a declaration setting forth the use for which imported when and as re- quired under joint rules and regulations pre- scribed under section 1592 of this title. (d) The provisions of this subchapter prohib- iting the importation of seed shall not apply— (1) when seed grown in the United States is returned from a foreign country without hav- ing been admitted into the commerce of any foreign country: Provided, That there is satis- factory proof as provided for in the joint rules and regulations prescribed under section 1592 of this title, that the seed was grown in the United States and was not admitted into the commerce of a foreign country and was not commingled with other seed, or (2) when seed is imported for sowing for ex- perimental or breeding purposes and not for sale: Provided, That declarations are filed, and importations are limited in quantity, as pro- vided for in the rules and regulations pre- scribed under section 1592 of this title, to as- sure that the importations are for experi- mental or breeding purposes. (Aug. 9, 1939, ch. 615, title III, § 302, 53 Stat. 1283; Pub. L. 85–581, §§ 13, 14, Aug. 1, 1958, 72 Stat. 478, 479; Pub. L. 89–686, §§ 15–17, Oct. 15, 1966, 80 Stat. 979; Pub. L. 97–439, § 5(b)(2), (3), Jan. 8, 1983, 96 Stat. 2288; Pub. L. 100–449, title III, § 301(e), Sept. 28, 1988, 102 Stat. 1868; Pub. L. 103–182, title III, § 361(a), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103–465, title IV, § 441(2), Dec. 8, 1994, 108 Stat. 4973.)