7 U.S.C. § 1582 — Procedure relating to importations; dis-

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.) Page 888 TITLE 7—AGRICULTURE §§ 1583, 1584 AMENDMENT OF SECTION For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Ter- mination Dates of 1988 Amendment note below. Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–465, § 441(2)(A), struck out ‘‘staining,’’ before ‘‘cleaning, labeling,’’ in two places. Subsec. (e). Pub. L. 103–465, § 441(2)(B), struck out sub- sec. (e) which read as follows: ‘‘The provisions of this subchapter requiring certain seeds to be stained shall not apply— ‘‘(1) to alfalfa or clover seed originating in Canada or Mexico, or ‘‘(2) when seeds otherwise required to be stained will not be sold within the United States and will be used for seed production only by or for the importer or consignee and the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seeds will be used only for seed production by or for the importer or consignee.’’ 1993—Subsec. (e)(1). Pub. L. 103–182 inserted ‘‘or Mex- ico’’ after ‘‘Canada’’. 1988—Pub. L. 100–449 temporarily amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘The provisions of this subchapter requiring cer- tain seeds to be stained shall not apply when such seed will not be sold within the United States and will be used for seed production only by or for the importer or consignee: Provided, That the importer of record or con- signee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed will be used only for seed production by or for the importer or consignee.’’ See Effective and Termination Dates of 1988 Amendment note below. 1983—Subsec. (a). Pub. L. 97–439, § 5(b)(2), struck out provision that Secretary may apply statistical sam- pling and inspection techniques to samples and screenings to determine whether pure-live seed require- ment of any kind of seed was being met, in event of which he was to advise importer of each lot of seed not examined for pure-live seed percentage. Subsec. (d). Pub. L. 97–439, § 5(b)(3)(A), struck out ‘‘that is adulterated or unfit for seeding purposes’’ after ‘‘importation of seed’’ in provisions preceding par. (1). Subsec. (d)(3). Pub. L. 97–439, § 5(b)(3)(B), struck out cl. (3) which described the situation when seed not meeting the pure-live seed requirements of section 1584 of this title would not be sold within the United States and would be used for seed production only by or for the importer or consignee, providing that the importer of record or consignee filed a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed would be used only for seed production by or for the importer or con- signee. 1966—Subsec. (a). Pub. L. 89–686, § 15, authorized Sec- retary of Agriculture to apply statistical sampling and inspection techniques to samples and screenings to de- termine whether the pure-live seed requirement of any kind of seed is being met and to advise importer of each lot of seed not examined for pure-live seed percentage. Subsec. (d)(3). Pub. L. 89–686, § 16, added par. (3). Subsec. (e). Pub. L. 89–686, § 17, added subsec. (e). 1958—Subsec. (a). Pub. L. 85–851, § 13, inserted ‘‘owner or’’ before ‘‘consignee’’ wherever appearing, except in the two provisos, changed first proviso to bring its wording in line with practices generally followed with other commodities illegally placed into consumption, and provided in second proviso for reimbursement of all costs to the Federal Government incident to super- vision required under this chapter. Subsec. (d). Pub. L. 85–581, § 14, added subsec. (d). 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 AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–449 effective on the date the United States-Canada Free-Trade Agreement en- ters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c), of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs 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. §§ 1583, 1584. Repealed. Pub. L. 97–439, § 5(b)(4), Jan. 8, 1983, 96 Stat. 2288 Section 1583, act Aug. 9, 1939, ch. 615, title III, § 303, 53 Stat. 1283, related to adulterated seed. Section 1584, acts Aug. 9, 1939, ch. 615, title III, § 304, 53 Stat. 1284; Oct. 15, 1966, Pub. L. 89–686, § 18, 80 Stat. 979, related to seed unfit for seeding purposes. § 1585. Certain seeds not adapted for general ag- ricultural use Whenever the Secretary of Agriculture, after a public hearing, determines that seed of alfalfa or red clover from any foreign country is not adapted for general agricultural use in the United States, the Secretary shall publish the determination and the reasons for the deter- mination. (Aug. 9, 1939, ch. 615, title III, § 303, as added Pub. L. 103–465, title IV, § 441(3), Dec. 8, 1994, 108 Stat. 4973.) Editorial Notes PRIOR PROVISIONS A prior section 1585, act Aug. 9, 1939, ch. 615, title III, § 303, formerly § 305, 53 Stat. 1284; renumbered § 303, Jan. 8, 1983, Pub. L. 97–439, § 5(b)(4), 96 Stat. 2288, related to requirement that certain seeds containing alfalfa and/ or red clover be stained, prior to repeal by Pub. L. 103–465, title IV, § 441(3), Dec. 8, 1994, 108 Stat. 4973. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 a note under section 3601 of Title 19, Customs Duties.