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Title 7 — Agriculture

Chapter 37 — Seeds

§ 1562. False representations as certified seed; required provisions

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–581 § 4 · 72 Stat. 476

    Enacted · 7 U.S.C. § 1562

    Aug. 9, 1939, ch. 615, title I, § 102, as added Pub. L. 85–581, § 4, Aug. 1, 1958, 72 Stat. 476

    Source evidence

    Code source credit
    Aug. 9, 1939, ch. 615, title I, § 102, as added Pub. L. 85–581, § 4, Aug. 1, 1958, 72 Stat. 476

    Enacted provision · exact public law section
    Sec. 4. Title I of said Act (7 U. S. C. 1561) is amended by adding at the end thereof a new section 102 to read as follows: “Sec. 102. Any labeling, advertisement, or other representation subject to this Act which represents that any seed is certified or registered seed shall be deemed to be false in this respect unless (a) it has been determined by a seed certifying agency that such seed was produced, processed, and packaged, and conformed to standards of purity as to kind or variety, 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 stating that the seed is certified or registered.”

  2. Pub. L. 91–89 § 2 · 83 Stat. 134

    Struck · 7 U.S.C. § 1562

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 2. Section 102 of such Act is amended to read as follows: “Sec. 102. Any labeling, advertisement, or other representation subject to this Act 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.”

  3. Plant Variety Protection Act

    Pub. L. 91–577 title III § 142(b) · 84 Stat. 1542

    Inserted · 7 U.S.C. § 1562

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) By adding at the end or section 102 the following wording: “Seed of a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed shall be certified only when “(1) the basic seed from which the variety was produced was 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.”.

    Effective date note
    Amendment 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.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The Plant Variety Protection Act, referred to in text, is Pub. L. 91–577, , 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.

Amendments1969–1970 · 2 rounds

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 Amendment

Amendment by Pub. L. 91–577 effective , see section 141 of Pub. L. 91–577, set out as an Effective Date note under section 2321 of this title.

Credits

1939–1970 · 3 acts
  1. 1939Aug. 9, 1939, ch. 615, title I, § 102, as added Pub. L. 85–581, § 4, , 72 Stat. 476
  2. 1969amended Pub. L. 91–89, § 2, , 83 Stat. 134
  3. 1970Pub. L. 91–577, title III, § 142(b), , 84 Stat. 1558.
Show as published

(Aug. 9, 1939, ch. 615, title I, § 102, as added Pub. L. 85–581, § 4, , 72 Stat. 476; amended Pub. L. 91–89, § 2, , 83 Stat. 134; Pub. L. 91–577, title III, § 142(b), , 84 Stat. 1558.)

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