§ 1571. — Prohibitions relating to interstate commerce in certain seeds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
