7 U.S.C. § 1574 — Disclaimers, limited warranties and non-

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 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.