
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: 7USC1573]

 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER 37--SEEDS
 
                   SUBCHAPTER II--INTERSTATE COMMERCE
 
Sec. 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 
transportation in the ordinary course of its business as a carrier: 
Provided, That such carrier is not engaged in processing or 
merchandising seed subject 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 
transported or offered for transportation to any State, Territory, or 
District, shall not be exempted 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, 
enacted 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 
exposed for sale in such State, Territory, or District, 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 
    commerce 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--
            (A) if in bulk, in which case, however, the invoice or other 
        records accompanying and pertaining to such seed shall bear the 
        various 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 statements required for the respective seeds under 
        section 1571(a), (b), and (i) of this title; or
            (C) if consigned to a seed cleaning or processing 
        establishment, to be cleaned or processed 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 twenty 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 prescribed under section 1592 of this title.

(c) Emergency preventing presentation of information

    When the Secretary of Agriculture finds that, because of the time 
interval between seed harvesting 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 transportation in interstate 
commerce, he may promulgate, with or without a hearing, rules and 
regulations providing that the provisions of section 1571(a) and (b) of 
this title as to the required labeling 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 regulations.

(d) Intermixture of unidentified seeds; percentages of kind or kind and 
        variety of seeds

    The provisions of sections 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 container 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 vegetable 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 identified 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 regulations of the Secretary of Agriculture, together with 
other pertinent facts, disclosed that said person has taken reasonable 
precautions to insure the identity of the substance or substances to be 
as stated.

(Aug. 9, 1939, ch. 615, title II, Sec. 203, 53 Stat. 1281; Pub. L. 85-
581, Sec. 10, Aug. 1, 1958, 72 Stat. 477; Pub. L. 89-686, Sec. 12, Oct. 
15, 1966, 80 Stat. 978.)


                               Amendments

    1966--Subsec. (d). Pub. L. 89-686, Sec. 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 
precautions to insure the identity to be that stated'', respectively.
    Subsec. (e). Pub. L. 89-686, Sec. 12(b), added subsec. (e).
    1958--Subsec. (b). Pub. L. 85-581 inserted references to section 
1571(i) of this title and eased labeling requirements with respect to 
shipment of seed in containers and in quantities of twenty thousand 
pounds or more.


                             Effective Date

    See section 1610 of this title.
