§1573 — Title 7 Agriculture | U.S. Code

Summary

Some seed shipments and some sellers do not have to follow the law’s labeling and dealer rules in certain cases. A carrier that only moves seed as part of its normal business is not covered if it does not process or sell seed. A farmer who grows seed and sells it straight to a buyer is not covered if he does not sell seed he did not grow. If that seed is shipped to another State, Territory, or District, it must meet the seed laws of the place it is going and cannot use the exemption just because it is in its original package. The rules about what must be on seed labels also do not apply in some shipping situations. Seeds not meant for planting and sent for feed or manufacturing are not covered. Seeds meant for planting can travel without individual container labels if they move in bulk, or in containers of twenty thousand pounds or more, as long as the invoice or records include the required information, each container is marked with a lot number, and the receiver agreed before shipping. Seed sent to a cleaning or processing plant is exempt if the invoice or labels say so, and any later labeling of origin or variety must follow federal rules. If germination or hard-seed details cannot be given because of the time between harvest and planting or an emergency, the Secretary of Agriculture can make temporary rules lifting those labeling requirements. If some seeds or seed treatments cannot be told apart by sight, the label rules are not broken if the shipper keeps the required records and shows they took reasonable steps to protect the seed identity.

Title 7, §1573

Agriculture — Source: USLM XML via OLRC

(a)The provisions of section 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 section 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)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)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)The provisions of section 11 So in original. Probably should be “section”. 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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1966—Subsec. (d). Pub. L. 89–686, § 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, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

See section 1610 of this title.

§1573 Exemptions