
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1571]

 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER 37--SEEDS
 
                   SUBCHAPTER II--INTERSTATE COMMERCE
 
Sec. 1571. Prohibitions relating to interstate commerce in 
        certain seeds
        
    It shall be unlawful for any person to transport or deliver for 
transportation in interstate commerce--
    (a) Any agricultural seeds or any mixture of agricultural seeds for 
seeding purposes, unless each container bears a label giving the 
following information, in accordance with rules and regulations 
prescribed under section 1592 of this title.
        (1) The name of the kind or kind and variety for each 
    agricultural seed component present in excess of 5 per centum of the 
    whole and the percentage by weight of each: Provided, That (A), 
    except with respect to seed mixtures intended for lawn and turf 
    purposes, if any such component is one which the Secretary of 
    Agriculture has determined, in rules and regulations prescribed 
    under section 1592 of this title, is generally labeled as to 
    variety, the label shall bear, in addition to the name of the kind, 
    either the name of such variety or the statement ``Variety Not 
    Stated'', (B) in the case of any such component which is a hybrid 
    seed it shall, in addition to the above requirements, be designated 
    as hybrid on the label, and (C) seed mixtures intended for lawn and 
    turf purposes shall be designated as a mixture on the label and each 
    seed component shall be listed on the label in the order of 
    predominance;
        (2) Lot number or other identification;
        (3) Origin, stated in accordance with paragraph (a)(1) of this 
    section, of each agricultural seed present which has been designated 
    by the Secretary of Agriculture as one on which a knowledge of the 
    origin is important from the standpoint of crop production, if the 
    origin is known, and if each such seed is present in excess of 5 per 
    centum. If the origin of such agricultural seed or seeds is unknown, 
    that fact shall be stated;
        (4) Percentage by weight of weed seeds, including noxious-weed 
    seeds;
        (5) Kinds of noxious-weed seeds and the rate of occurrence of 
    each, which rate shall be expressed in accordance with and shall not 
    exceed the rate allowed for shipment, movement, or sale of such 
    noxious-weed seeds by the law and regulations of the State into 
    which the seed is offered for transportation or transported or in 
    accordance with the rules and regulations of the Secretary of 
    Agriculture, when under the provisions of section 1561(a)(9)(A)(iii) 
    of this title he shall determine that weeds other than those 
    designated by State requirements are noxious;
        (6) Percentage by weight of agricultural seeds other than those 
    included under paragraph (a)(1) of this section;
        (7) Percentage by weight of inert matter;
        (8) For each agricultural seed, in excess of 5 per centum of the 
    whole, stated in accordance with paragraph (a)(1) of this section, 
    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, (A) percentage of germination, exclusive of hard seed, 
    (B) percentage of hard seed, if present, and (C) the calendar month 
    and year the test was completed to determine such percentages, 
    except that, in the case of a seed mixture, it is only necessary to 
    state the calendar month and year of such test for the kind or 
    variety or type of agricultural seed contained in such mixture which 
    has the oldest calendar month and year test date among the tests 
    conducted on all the kinds or varieties or types of agricultural 
    seed contained in such mixture;
        (9) Name and address of (A) the person who transports, or 
    delivers for transportation, 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 regulations prescribed under section 
    1592 of this title, indicating the person who transports or delivers 
    for transportation said seed in interstate commerce;
        (10) The year and month beyond which an inoculant, if shown in 
    the labeling, is no longer claimed to be effective.

    (b) Any vegetable seeds, for seeding purposes, in containers, unless 
each container bears a label giving the following information in 
accordance with rules and regulations prescribed under section 1592 of 
this title:
        (1) For containers of one pound or less of seed that germinates 
    equal to or above the standard last established by the Secretary of 
    Agriculture, as provided under section 1593(c) of this title--
            (A) The name of each kind and variety of seed, and if two or 
        more kinds or varieties are present, the percentage of each, and 
        further, that in the case of any such component which is a 
        hybrid seed, it shall be designated as hybrid on the label; and
            (B) Name and address of--
                (i) the person who transports, or delivers for 
            transportation, said seed in interstate commerce; or
                (ii) 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 regulations 
            prescribed under section 1592 of this title, indicating the 
            person who transports or delivers for transportation said 
            seed in interstate commerce;

        (2) For containers of one pound or less of seed that germinates 
    less than the standard last established by the Secretary of 
    Agriculture, as provided under section 1593(c) of this title--
            (A) The name of each kind and variety of seed, and if two or 
        more kinds or varieties are present, the percentage of each, and 
        further, that in the case of any such component which is a 
        hybrid seed, it shall be designated as hybrid on the label; and
            (B) For each named kind and variety of seed--
                (i) the percentage of germination, exclusive of hard 
            seed;
                (ii) the 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

            (C) Name and address of--
                (i) the person who transports, or delivers for 
            transportation, said seed in interstate commerce; or
                (ii) 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 regulations 
            prescribed under section 1592 of this title, indicating the 
            person who transports or delivers for transportation said 
            seed in interstate commerce.

        (3) For containers of more than one pound of seed--
            (A) The name of each kind and variety of seed, and if two or 
        more kinds or varieties are present, the percentage of each and, 
        further, that in the case of any such component which is a 
        hybrid seed, it shall be designated as hybrid on the label;
            (B) Lot number or other lot identification;
            (C) For each named kind and variety of seed--
                (i) the percentage of germination, exclusive of hard 
            seed;
                (ii) the percentage of hard seed, if present;
                (iii) the calendar month and year the test was completed 
            to determine such percentages; and

            (D) Name and address of--
                (i) the person who transports, or delivers for 
            transportation, said seed in interstate commerce; or
                (ii) 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 regulations 
            prescribed under section 1592 of this title, indicating the 
            person who transports or delivers for transportation said 
            seed in interstate commerce.

    (c) Any agricultural or vegetable seed unless the test to determine 
the percentage of germination required by this section shall have been 
completed within a five-month period, exclusive of the calendar month in 
which the test was completed, immediately prior to transportation or 
delivery for transportation in interstate commerce: Provided, however, 
That the Secretary of Agriculture may by rules and regulations 
designate: (1) a shorter period for kinds of agricultural or vegetable 
seed which he finds under ordinary conditions of handling will not 
maintain, during the aforesaid five-month period, a germination within 
the established limits of tolerance; or (2) a longer period for any kind 
of agricultural or vegetable seed which (A) is packaged in such 
container materials and under such other conditions prescribed by the 
Secretary of Agriculture as he finds will, during such longer period, 
maintain the viability of said seed under ordinary conditions of 
handling; or (B) the Secretary finds will maintain a percentage of 
germination within the limits of tolerance established under this 
chapter under ordinary conditions of handling.
    (d) Any agricultural seeds or vegetable seeds having a false 
labeling, or pertaining to which there has been a false advertisement, 
or to sell or offer for sale such seed for interstate shipment by 
himself or others.
    (e) Seed which is required to be stained under the provisions of 
this chapter and the regulations made and promulgated thereunder, and is 
not so stained.
    (f) Seed which has been stained to resemble seed stained in 
accordance with the provisions of this chapter and the regulations made 
and promulgated thereunder.
    (g) Seed which is a mixture of seeds which are required to be 
stained or which are stained with different colors under the provisions 
of this chapter and of the regulations made and promulgated thereunder, 
or which is a mixture of any seed required to be stained under the 
provisions of this chapter and of the regulations made and promulgated 
thereunder, with seed of the same kind produced in the United States.
    (h) Screenings of any seed subject to this chapter, unless they are 
not intended for seeding purposes; and it is stated on the label, if in 
containers, or on the invoice if in bulk, that they are intended for 
cleaning, processing, or manufacturing purposes, and not for seeding 
purposes.
    (i) 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 
regulations prescribed under section 1592 of this title:
        (1) A word or statement indicating that the seeds have been 
    treated;
        (2) The commonly accepted coined, chemical (generic), or 
    abbreviated chemical name of any substance used in such treatment;
        (3) If the substance used in such treatment in the amount 
    remaining with the seeds is harmful to humans or other vertebrate 
    animals, an appropriate caution statement approved 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 statement for mercurials and similarly toxic substances, as 
    defined in said rules and regulations, 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
        (4) A description, approved by the Secretary of Agriculture as 
    adequate for the protection of the public, of any process used in 
    such treatment.

(Aug. 9, 1939, ch. 615, title II, Sec. 201, 53 Stat. 1279; Pub. L. 85-
581, Secs. 5-8, Aug. 1, 1958, 72 Stat. 476; Pub. L. 89-686, Secs. 4-10, 
Oct. 15, 1966, 80 Stat. 975-977; Pub. L. 97-439, Secs. 2-4, Jan. 8, 
1983, 96 Stat. 2287.)


                               Amendments

    1983--Subsec. (a). Pub. L. 97-439, Sec. 2(a), struck out ``, except 
as provided in paragraph (j) of this section for seed mixtures intended 
for lawn and turf purposes,'' after ``following information'' in 
provisions preceding par. (1).
    Subsec. (a)(1)(A). Pub. L. 97-439, Sec. 2(b)(1), inserted ``(A), 
except with respect to seed mixtures intended for lawn and turf 
purposes,'' after ``Provided, That''.
    Subsec. (a)(1)(B). Pub. L. 97-439, Sec. 2(b)(2), substituted ``, 
(B)'' for ``: And provided further, That''.
    Subsec. (a)(1)(C). Pub. L. 97-439, Sec. 2(b)(3), added cl. (C).
    Subsec. (a)(8). Pub. L. 97-439, Sec. 3, inserted exception relating 
to the case of a seed mixture.
    Subsec. (c)(1). Pub. L. 97-439, Sec. 4(1), substituted ``(1)'' for 
``(a)''.
    Subsec. (c)(2). Pub. L. 97-439, Sec. 4(2), substituted ``(2)'' for 
``(b)''.
    Subsec. (c)(2)(A). Pub. L. 97-439, Sec. 4(3), inserted ``(A)'' after 
``vegetable seed which''.
    Subsec. (c)(2)(B). Pub. L. 97-439, Sec. 4(4), added cl. (B).
    Subsec. (j). Pub. L. 97-439, Sec. 2(c), struck out subsec. (j) which 
directed that seed mixtures intended for lawn and turf purposes be 
transported or delivered for transport in interstate commerce in 
containers of fifty pounds or less, and specified the information to be 
placed on the label.
    1966--Subsec. (a). Pub. L. 89-686, Sec. 4, inserted in introductory 
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, Sec. 5, amended par. (1) generally. 
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 components are 
expressed in accordance with the category designated under (A), (B), or 
(C);''.
    Subsec. (a)(10). Pub. L. 89-686, Sec. 6, added par. (10).
    Subsec. (b). Pub. L. 89-686, Sec. 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 Agriculture in par. (1), containers of one pound or 
less of seed that germinates less than the standard last established by 
the Secretary in par. (2), and containers of more than one pound of seed 
in par. (3), for former labeling 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 germinates less than the standard last 
established by the Secretary of Agriculture, as provided under section 
1593(c) of this title, the percentage of germination, exclusive 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 address of--
    (A) the person who transports, or delivers for transportation, 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 regulations prescribed under section 1592 of 
this title, indicating the person who transports or delivers for 
transportation said seed in interstate commerce.
    Subsec. (c). Pub. L. 89-686, Sec. 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 Secretary 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 agricultural or vegetable seed which he finds under 
ordinary conditions of handling will maintain during such longer period 
a germination within the established limits of tolerance''.
    Subsec. (i)(4). Pub. L. 89-686, Sec. 9, transposed ``of any process 
used in such treatment'' which followed ``description'' to end of 
sentence, inserting a comma preceding such phrase.
    Subsec. (j). Pub. L. 89-686, Sec. 10, added subsec. (j).
    1958--Subsec. (a)(8). Pub. L. 85-581, Sec. 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, Sec. 6, required label on container 
to show percentage where two or more varieties of seed are present.
    Subsec. (b)(2). Pub. L. 85-581, Sec. 7, substituted ``For each 
variety of vegetable seed'' for ``For seeds''.
    Subsec. (i). Pub. L. 85-581, Sec. 8, added subsec. (i).


                             Effective Date

    See section 1610 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1573, 1593 of this title.
