§ 1586. — Certain acts prohibited.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1586]
TITLE 7--AGRICULTURE
CHAPTER 37--SEEDS
SUBCHAPTER III--FOREIGN COMMERCE
Sec. 1586. Certain acts prohibited
It shall be unlawful for any person--
(a) To sell or offer for sale--
(1) any seed for seeding purposes if imported under this
subchapter for other than seeding purposes;
(2) any screenings of any seeds for seeding purposes if imported
under this subchapter for other than seeding purposes; or
(3) any seed which is prohibited entry under the provisions of
this chapter.
(b) To make any false or misleading representation with respect to
any seed subject to this subchapter being imported into the United
States or offered for import: Provided, That this subsection shall not
be deemed violated by any person if the false or misleading
representation is the name of a variety indistinguishable in appearance
from the seed being imported or offered for import and the records and
other pertinent facts reveal that such person relied in good faith upon
representations with respect to the name of the indistinguishable
variety made by the shipper of the seed.
(Aug. 9, 1939, ch. 615, title III, Sec. 304, formerly Sec. 306, 53 Stat.
1285; Pub. L. 85-581, Sec. 15, Aug. 1, 1958, 72 Stat. 479; renumbered
Sec. 304, Pub. L. 97-439, Sec. 5(b)(4), Jan. 8, 1983, 96 Stat. 2288;
Pub. L. 103-465, title IV, Sec. 441(4), Dec. 8, 1994, 108 Stat. 4973.)
Amendments
1994--Subsec. (a)(4) to (7). Pub. L. 103-465, Sec. 441(4)(A), struck
out pars. (4) to (7) which read as follows:
``(4) any seed which has been stained to resemble seed stained in
accordance with the provisions of this chapter and the rules and
regulations made and promulgated thereunder;
``(5) any seed stained under the provisions of this chapter and the
rules and regulations made and promulgated thereunder, when mixed with
seed of the same kind produced in the United States;
``(6) any seed stained with different colors;
``(7) any seed stained under the provisions of this chapter, the
labeling of which states that such seed is adapted.''
Subsecs. (b), (c). Pub. L. 103-465, Sec. 441(4)(B), (C),
redesignated subsec. (c) as (b) and struck out former subsec. (b) which
read as follows: ``To change the proportion of seeds stained under the
provisions of this chapter and the rules and regulations made and
promulgated thereunder or to alter, modify, conceal, or remove in any
manner or by any means the color of such stained seeds.''
1958--Subsec. (c). Pub. L. 85-581 added subsec. (c).
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 Date
See section 1610 of this title.