7 U.S.C. § 1573 — Exemptions

Page 884 TITLE 7—AGRICULTURE § 1572 1966—Subsec. (a). Pub. L. 89–686, § 4, inserted in intro- ductory text, ‘‘, except as provided in subsection (j) of this section for seed mixtures intended for lawn and turf purposes,’’. Subsec. (a)(1). Pub. L. 89–686, § 5, amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘The name of (A) kind, or (B) kind and variety, or (C) kind and type, for each agricultural seed component present in excess of 5 per centum of the whole and the percentage by weight of each: Provided, That such com- ponents are expressed in accordance with the category designated under (A), (B), or (C);’’. Subsec. (a)(10). Pub. L. 89–686, § 6, added par. (10). Subsec. (b). Pub. L. 89–686, § 7, substituted provisions respecting labeling requirements for containers of one pound or less of seed that germinates equal to or above the standard last established by the Secretary of Agri- culture in par. (1), containers of one pound or less of seed that germinates less than the standard last estab- lished by the Secretary in par. (2), and containers of more than one pound of seed in par. (3), for former la- beling requirements which prescribed in par. (1) name of each kind and variety of seed and if two or more kinds or varieties are present, the percentage of each, in par. (2) for each variety of vegetable seed which ger- minates less than the standard last established by the Secretary of Agriculture, as provided under section 1593(c) of this title, the percentage of germination, ex- clusive of hard seed; (ii) percentage of hard seed, if present; (iii) the calendar month and year the test was completed to determine such percentages; (iv) the words ‘‘Below Standard’’; and in par. (3), name and ad- dress of— (A) the person who transports, or delivers for trans- portation, said seed in interstate commerce; or (B) the person to whom the seed is sold or shipped for resale, together with a code designation approved by the Secretary of Agriculture under rules and regula- tions prescribed under section 1592 of this title, indi- cating the person who transports or delivers for trans- portation said seed in interstate commerce. Subsec. (c). Pub. L. 89–686, § 8, substituted in cl. (b) ‘‘a longer period for any kind of agricultural or vegetable seed which is packaged in such container materials and under such other conditions prescribed by the Sec- retary of Agriculture as he finds will, during such longer period, maintain the viability of said seed under ordinary conditions of handling’’ for ‘‘a longer period not to exceed nine months, exclusive of the calendar month in which the test was completed, for kinds of ag- ricultural or vegetable seed which he finds under ordi- nary conditions of handling will maintain during such longer period a germination within the established lim- its of tolerance’’. Subsec. (i)(4). Pub. L. 89–686, § 9, transposed ‘‘of any process used in such treatment’’ which followed ‘‘de- scription’’ to end of sentence, inserting a comma pre- ceding such phrase. Subsec. (j). Pub. L. 89–686, § 10, added subsec. (j). 1958—Subsec. (a)(8). Pub. L. 85–581, § 5, inserted ‘‘and each kind or variety or type of agricultural seed shown in the labeling to be present in a proportion of 5 per centum or less of the whole’’. Subsec. (b)(1). Pub. L. 85–581, § 6, required label on container to show percentage where two or more vari- eties of seed are present. Subsec. (b)(2). Pub. L. 85–581, § 7, substituted ‘‘For each variety of vegetable seed’’ for ‘‘For seeds’’. Subsec. (i). Pub. L. 85–581, § 8, added subsec. (i). Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1572. Records All persons transporting, or delivering for transportation, in interstate commerce, agricul- tural seeds shall keep for a period of three years a complete record of origin, treatment, germina- tion, and purity of each lot of such agricultural seeds, and all persons transporting, or delivering for transportation, in interstate commerce, veg- etable seeds shall keep for a period of three years a complete record of treatment, germina- tion and variety of such vegetable seeds. The Secretary of Agriculture, or his duly authorized agents, shall have the right to inspect such records for the purpose of the effective adminis- tration of this chapter. (Aug. 9, 1939, ch. 615, title II, § 202, 53 Stat. 1281; Pub. L. 85–581, § 9, Aug. 1, 1958, 72 Stat. 477; Pub. L. 89–686, § 11, Oct. 15, 1966, 80 Stat. 978.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–686 required record of treatment of agricultural and vegetable seeds. 1958—Pub. L. 85–581 required keeping of records of vegetable seeds. Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1573. Exemptions (a) Carrier transporting seeds The provisions of sections 1571 and 1572 of this title shall not apply to any carrier in respect to any seed transported or delivered for transpor- tation in the ordinary course of its business as a carrier: Provided, That such carrier is not en- gaged in processing or merchandising seed sub- ject to the provisions of this chapter; and such provisions shall not apply to seeds produced by any farmer on his own premises and sold by him directly to the consumer, provided such farmer is not engaged in the business of selling seeds not produced by him: And provided further, That such seeds produced or sold by him when trans- ported or offered for transportation to any State, Territory, or District, shall not be ex- empted from the provisions of sections 1571 and 1572 of this title unless said seeds shall be in compliance with the operation and effect of the laws of such State, Territory, or District, en- acted in the exercise of its police power, to the same extent and in the same manner as though such seed had been produced, sold, offered or ex- posed for sale in such State, Territory, or Dis- trict, and shall not be exempted therefrom by reason of being introduced therein in original packages or otherwise: And provided further, That such seeds produced or sold by him are in compliance with the seed laws of the State into which the seed is transported. (b) Seeds not for seeding purposes The provisions of section 1571(a), (b), or (i) of this title shall not apply— (1) to seed or grain not intended for seeding purposes when transported or offered for transportation in ordinary channels of com- merce usual for such seed or grain intended for manufacture or for feeding; or (2) to seed intended for seeding purposes when transported or offered for transportation in interstate commerce— Page 885 TITLE 7—AGRICULTURE § 1574 1 So in original. Probably should be ‘‘section’’. (A) if in bulk, in which case, however, the invoice or other records accompanying and pertaining to such seed shall bear the var- ious statements required for the respective seeds under section 1571(a), (b), and (i) of this title; or (B) if in containers and in quantities of twenty thousand pounds or more: Provided, That (i) the omission from each container of the information required under section 1571(a), (b), and (i) of this title is with the knowledge and consent of the consignee prior to the transportation or delivery for transportation of such seed in interstate commerce, (ii) each container shall have stenciled upon it or bear a label containing a lot designation, and (iii) the invoice or other records accompanying and pertaining to such seed shall bear the various state- ments required for the respective seeds under section 1571(a), (b), and (i) of this title; or (C) if consigned to a seed cleaning or proc- essing establishment, to be cleaned or proc- essed for seeding purposes: Provided, That (i) this fact is so stated in the invoice or other records accompanying and pertaining to such seed if the seed is in bulk or if the seed is in containers and in quantities of twenty thousand pounds or more, (ii) this fact is so stated on attached labels if the seed is in containers and in quantities less than twen- ty thousand pounds, and (iii) any such seed later to be labeled as to origin and/or variety shall be labeled as to origin and/or variety in accordance with rules and regulations pre- scribed under section 1592 of this title. (c) Emergency preventing presentation of infor- mation When the Secretary of Agriculture finds that, because of the time interval between seed har- vesting and sowing, or because of an emergency beyond human control, the information required by this chapter as to the germination, and hard seed of certain kinds of seeds, cannot be given prior to transportation or delivery for transpor- tation in interstate commerce, he may promul- gate, with or without a hearing, rules and regu- lations providing that the provisions of section 1571(a) and (b) of this title as to the required la- beling for germination and hard seed shall not apply for such period and to such kinds of seed as he may specify in his said rules and regula- tions. (d) Intermixture of unidentified seeds; percent- ages of kind or kind and variety of seeds The provisions of sections 1 1571(a) and (b) of this title relative to the labeling of agricultural and vegetable seeds with the percentages of the kind or kind and variety of seeds shall not be deemed violated if there are seeds in the con- tainer or bulk which could not be, or were not, identified because of their indistinguishability in appearance from the seeds intended to be transported or delivered for transportation in interstate commerce: Provided, That the records of the person charged with the duty under said section of labeling or invoicing the seeds, kept in accordance with the rules and regulations of the Secretary of Agriculture, together with other pertinent facts, disclose that said person has taken reasonable precautions to insure the identity of the seeds to be that stated. (e) Name of substance used in treatment of seeds The provisions of section 1571(i) of this title relative to the labeling of agricultural and vege- table seeds with the name of any substance used in the treatment of seeds shall not be deemed violated if the substance or substances used in such treatment could not be or were not identi- fied because of their indistinguishability from the substance or substances intended to be used in the treatment of the seeds: Provided, That the records of the person charged with the duty under said section of labeling or invoicing the seeds, kept in accordance with the rules and reg- ulations of the Secretary of Agriculture, to- gether with other pertinent facts, disclosed that said person has taken reasonable precautions to insure the identity of the substance or sub- stances to be as stated. (Aug. 9, 1939, ch. 615, title II, § 203, 53 Stat. 1281; Pub. L. 85–581, § 10, Aug. 1, 1958, 72 Stat. 477; Pub. L. 89–686, § 12, Oct. 15, 1966, 80 Stat. 978.) Editorial Notes AMENDMENTS 1966—Subsec. (d). Pub. L. 89–686, § 12(a), substituted ‘‘the kind or kind and variety of seeds’’, ‘‘if there are seeds’’, ‘‘: Provided, That’’, and ‘‘reasonable precautions to insure the identity of the seed to be that stated’’ for ‘‘the kind or variety or type of seeds’’, ‘‘if there be other seeds’’, ‘‘, provided that’’, and ‘‘proper pre- cautions to insure the identity to be that stated’’, re- spectively. Subsec. (e). Pub. L. 89–686, § 12(b), added subsec. (e). 1958—Subsec. (b). Pub. L. 85–581 inserted references to section 1571(i) of this title and eased labeling require- ments with respect to shipment of seed in containers and in quantities of twenty thousand pounds or more. Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1574. Disclaimers, limited warranties and non- warranties The use of a disclaimer, limited warranty, or nonwarranty clause in any invoice, advertising, labeling, or written, printed, or graphic matter, pertaining to any seed shall not constitute a de- fense, or be used as a defense in any way, in any prosecution or other proceeding brought under the provisions of this chapter, or the rules and regulations made and promulgated thereunder. Nothing in this section is intended to preclude the use of a disclaimer, limited warranty, or nonwarranty clause as a defense in any pro- ceeding not brought under this chapter. (Aug. 9, 1939, ch. 615, title II, § 204, 53 Stat. 1282; July 9, 1956, ch. 520, § 2, 70 Stat. 508; Pub. L. 85–581, § 11, Aug. 1, 1958, 72 Stat. 478.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–581 precluded use of limited warranty clause as defense in prosecution or other proceeding