PRIA, Government Policy, Made Personal

Summary

Seed sold or shipped across state or national borders in a way that breaks this chapter can be taken into federal court where it is found and declared unlawful. The court can handle the seed in one of three ways: (1) sell it; (2) give it back to the owner if the owner shows up, pays court costs, storage and other proper charges, and gives a bond with reliable guarantors promising not to sell or move the seed into any place that would break this chapter or local law; or (3) destroy it. If the court sells the seed, the money left after paying costs goes to the Treasury as miscellaneous receipts, and the seed must not be sold into places where it would violate this chapter or local rules. The court process should follow admiralty practice as much as possible, but either side can ask for a jury on any factual issue, and the case is brought by and in the name of the United States.

Title 7, §1595

Agriculture, Source: USLM XML via OLRC

(a)Any seed sold, delivered for transportation in interstate commerce, or transported in interstate or foreign commerce in violation of any of the provisions of this chapter shall, at the time of such violation or at any time thereafter, be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which the seed is found.

(b)If seed is condemned by a decree of the court as being in violation of the provisions of this chapter, it may be disposed of by the court by—

(1)sale; or

(2)delivery to the owner thereof after he has appeared as claimant and paid the court costs and fees and storage and other proper expenses and executed and delivered a bond with good and sufficient sureties that such seed will not be sold or disposed of in any jurisdiction contrary to the provisions of this chapter and the rules and regulations made and promulgated thereunder, or the laws of such jurisdiction; or

(3)destruction.

(c)If such seed is disposed of by sale, the proceeds of the sale, less the court costs and fees and storage and other proper expenses, shall be paid into the Treasury as miscellaneous receipts, but such seed shall not be sold or disposed of in any jurisdiction contrary to the provisions of this chapter and the rules and regulations made and promulgated thereunder, or the laws of such jurisdiction.

(d)The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case; and such proceedings shall be at the suit of and in the name of the United States.

Statutory Notes and Related Subsidiaries

Effective Date

See section 1610 of this title

§1595 Seizure

Summary

Title 7, §1595

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata