§1562 — Title 7 Agriculture | U.S. Code

Summary

You cannot call seed "certified" on a label, in an ad, or in other claims unless two things are true. One: a seed certifying agency has inspected the seed and found it meets the agency’s standards for purity and for being the correct kind or variety and follows the agency’s rules. Two: the seed has an official label from that agency showing its class and its kind or variety. If a plant variety protection certificate says the variety may be sold only as a class of certified seed, it can be certified only when: (1) the basic seed came from the owner of the variety if certification happens during the term of protection, and (2) it meets the number of generations listed on the certificate, if any.

Title 7, §1562

Agriculture — Source: USLM XML via OLRC

Any labeling, advertisement, or other representation subject to this chapter which represents that any seed is certified seed or any class thereof shall be deemed to be false in this respect unless (a) it has been determined by a seed certifying agency that such seed conformed to standards of genetic purity and identity as to kind or variety, and is in compliance with the rules and regulations of such agency pertaining to such seed; and (b) the seed bears an official label issued for such seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind or variety. Seed of a variety for which a certificate of plant variety protection under the Plant Variety Protection Act [7 U.S.C. 2321 et seq.] specifies sale only as a class of certified seed shall be certified only when

(1)the basic seed from which the variety was produced furnished by authority of the owner of the variety if the certification is made during the term of protection, and

(2)it conforms to the number of generations designated by the certificate, if the certificate contains such a designation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Plant Variety Protection Act, referred to in text, is Pub. L. 91–577, Dec. 24, 1970, 84 Stat. 1542, which is classified principally to chapter 57 (§ 2321 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2321 of this title and Tables.

Amendments

1970—Pub. L. 91–577 inserted provisions setting out conditions for certification of seed of any variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed. 1969—Pub. L. 91–89 struck out references to registered seed, and required labels, advertisement, or other representations to certify that the seed contained therein was determined by a seed certifying agency to be of a specified class and a specified kind of variety in conformity with the standards of genetic purity and identity as to kind or variety.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–577 effective Dec. 24, 1970, see section 141 of Pub. L. 91–577, set out as an

Effective Date

note under section 2321 of this title.

§1562 False representations as certified seed; required provisions

Summary

Title 7, §1562

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata