
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: 7USC1582]

 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER 37--SEEDS
 
                    SUBCHAPTER III--FOREIGN COMMERCE
 
Sec. 1582. Procedure relating to importations; disposal 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 appears from the 
examination of such samples that any seed or screenings offered to be 
imported 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 refused admission, and the Secretary of the 
Treasury shall refuse delivery to the owner or consignee, 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 exported 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 provisions 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 further, 
That all expenses incurred by the United States (including travel, per 
diem or subsistence, and salaries of officers or employees of the United 
States) in connection with the supervision of cleaning, labeling, other 
reconditioning, 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 delivery, 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 importations 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 imported 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 
    required under joint rules and regulations prescribed under section 
    1592 of this title.

    (d) The provisions of this subchapter prohibiting the importation of 
seed shall not apply--
        (1) when seed grown in the United States is returned from a 
    foreign country without having been admitted into the commerce of 
    any foreign country: Provided, That there is satisfactory 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 experimental or 
    breeding purposes and not for sale: Provided, That declarations are 
    filed, and importations are limited in quantity, as provided for in 
    the rules and regulations prescribed under section 1592 of this 
    title, to assure that the importations are for experimental or 
    breeding purposes.

(Aug. 9, 1939, ch. 615, title III, Sec. 302, 53 Stat. 1283; Pub. L. 85-
581, Secs. 13, 14, Aug. 1, 1958, 72 Stat. 478, 479; Pub. L. 89-686, 
Secs. 15-17, Oct. 15, 1966, 80 Stat. 979; Pub. L. 97-439, Sec. 5(b)(2), 
(3), Jan. 8, 1983, 96 Stat. 2288; Pub. L. 100-449, title III, 
Sec. 301(e), Sept. 28, 1988, 102 Stat. 1868; Pub. L. 103-182, title III, 
Sec. 361(a), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103-465, title IV, 
Sec. 441(2), Dec. 8, 1994, 108 Stat. 4973.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-465, Sec. 441(2)(A), struck out 
``staining,'' before ``cleaning, labeling,'' in two places.
    Subsec. (e). Pub. L. 103-465, Sec. 441(2)(B), struck out subsec. (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 Mexico'' after 
``Canada''.
    1988--Pub. L. 100-449 amended subsec. (e) generally. Prior to 
amendment, subsec. (e) read as follows: ``The provisions of this 
subchapter requiring certain 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 consignee 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.''
    1983--Subsec. (a). Pub. L. 97-439, Sec. 5(b)(2), struck out 
provision that Secretary may apply statistical sampling and inspection 
techniques to samples and screenings to determine whether pure-live seed 
requirement 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, Sec. 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, Sec. 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 
consignee.
    1966--Subsec. (a). Pub. L. 89-686, Sec. 15, authorized Secretary of 
Agriculture to apply statistical sampling and inspection techniques to 
samples and screenings to determine 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, Sec. 16, added par. (3).
    Subsec. (e). Pub. L. 89-686, Sec. 17, added subsec. (e).
    1958--Subsec. (a). Pub. L. 85-851, Sec. 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 supervision required under 
this chapter.
    Subsec. (d). Pub. L. 85-581, Sec. 14, added subsec. (d).


                    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, 
Customs 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 enters 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.
