§ 1571. Prohibitions relating to interstate commerce in certain seeds

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. 1939

   Pub. L. 76–615 · 53 Stat. 1275

   Enacted · 7 U.S.C. § 1571

   Aug. 9, 1939, ch. 615, title II, § 201, 53 Stat. 1279

   Source evidence

   Code source credit
   Aug. 9, 1939, ch. 615, title II, § 201, 53 Stat. 1279

2. 1958

   Pub. L. 85–581 § 5 · 72 Stat. 476

   Inserted · 7 U.S.C. § 1571(a)(8)

   Pub. L. 85–581, § 5, inserted “and each kind or variety or type of agricultural seed shown in the labeling to be present in a proportion of 5 per centum or less of the whole”

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 85–581, § 5, inserted “and each kind or variety or type of agricultural seed shown in the labeling to be present in a proportion of 5 per centum or less of the whole”.

   Enacted provision · exact public law section
   Sec. 5. Section 201 (a)(8) of said Act (7 U. S. C. 1571 (a)(8)) is amended to read as follows: “(8) For each agricultural seed, in excess of 5 per centum of the whole, stated in accordance with paragraph (a)(1) of this section, and each kind or variety or type of agricultural seed shown in the labeling to be present in a proportion of 5 per centum or less of the whole, (A) percentage of germination, exclusive of hard seed, (B) percentage of hard seed, if present, and (C) the calendar month and year the test was completed to determine such percentages;”

3. 1958

   Pub. L. 85–581 § 6 · 72 Stat. 476

   Changed · 7 U.S.C. § 1571(b)(1)

   Pub. L. 85–581, § 6, required label on container to show percentage where two or more varieties of seed are present

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 85–581, § 6, required label on container to show percentage where two or more varieties of seed are present.

   Enacted provision · exact public law section
   Sec. 6. Section 201 (b)(1) of said Act (7 U. S. C. 1571 (b)(1)) is amended to read as follows: “(1) Name of each kind and variety of seed and if two or more kinds or varieties are present, the percentage of each;”

4. 1958

   Pub. L. 85–581 § 7 · 72 Stat. 476

   Substituted · 7 U.S.C. § 1571(b)(2)

   Pub. L. 85–581, § 7, substituted “For each variety of vegetable seed” for “For seeds”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 85–581, § 7, substituted “For each variety of vegetable seed” for “For seeds”.

   Enacted provision · exact public law section
   Sec. 7. That part of section 201 (b)(2) of said Act (7 U. S. C. 1571 (b)(2)) which precedes clause (i) is amended to read as follows: “(2) For each variety of vegetable seed which germinates less than the standard last established by the Secretary of Agriculture, as provided under section 403 (c) of this Act—”

5. 1958

   Pub. L. 85–581 § 8 · 72 Stat. 476

   Added · 7 U.S.C. § 1571(i)

   Pub. L. 85–581, § 8, added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 85–581, § 8, added subsec. (i).

   Enacted provision · exact public law section
   Sec. 8. Section 201 of said Act (7 U. S. C. 1571) is further amended by adding at the end thereof a new subsection (i) to read as follows: “(i) Any agricultural seeds or any mixture thereof or any vegetable Treated seed. seeds or any mixture thereof, for seeding purposes, that have been treated, unless each container thereof bears a label giving the following information and statements in accordance with rules and regulations prescribed under section 402 of this Act: “(1) A word or statement indicating that the seeds have been treated; “(2) The commonly accepted coined, chemical (generic), or abbreviated chemical name of any substance used in such treatment; “(3) If the substance used in such treatment in the amount remaining with the seeds is harmful to humans or other vertebrate animals, an appropriate caution statement approved by the Secretary of Agriculture as adequate for the protection of the public, such as ‘Do not use for food or feed or oil purposes’: Provided, That the caution statement for mecurials and similarly toxic substances, as defined in said rules and regulations, shall be a representation of a skull and cross-bones and a statement such as ‘This seed has been treated with POISON’, in red letters on a background of distinctly contrasting color; and “(4) A description of any process used in such treatment, approved by the Secretary of Agriculture as adequate for the protection of the public.”

6. 1966

   Pub. L. 89–686 § 4 · 80 Stat. 975

   Inserted · 7 U.S.C. § 1571(a)

   Pub. L. 89–686, § 4, inserted in introductory text, “, except as provided in subsection (j) of this section for seed mixtures intended for lawn and turf purposes,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–686, § 4, inserted in introductory text, “, except as provided in subsection (j) of this section for seed mixtures intended for lawn and turf purposes,”.

7. 1966

   Pub. L. 89–686 § 5 · 80 Stat. 975

   Amended · 7 U.S.C. § 1571(a)(1)

   Pub. L. 89–686, § 5, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The name of (A) kind, or (B) kind and variety, or (C) kind and type, for each agricultural seed component present in excess of 5 per centum of the whole and the percentage by weight of each: Provided, That such components are expressed in accordance with the category designated under (A), (B), or (C);”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 89–686, § 5, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The name of (A) kind, or (B) kind and variety, or (C) kind and type, for each agricultural seed component present in excess of 5 per centum of the whole and the percentage by weight of each: Provided, That such components are expressed in accordance with the category designated under (A), (B), or (C);”.

   Enacted provision · exact public law section
   Sec. 5. Section 201(a) (1) of said Act (53 Stat. 1279; 7 U.S.C. 1571 (a)(1)) is amended to read as follows: “(1) The name of the kind or kind and variety for each agricultural Name of kind, etc. seed component present in excess of 5 per centum of the whole and the percentage by weight of each: Provided, That if any such component is one which the Secretary of Agriculture has determined, in rules and regulations prescribed under section 402 of this Act, is generally labeled as to variety, the label shall bear, in addition to the name of the kind, either the name of such variety or the statement ‘Variety Not Stated’: And provided further, That in the case of any such component which is a hybrid seed it shall, in addition to the above requirements, be designated as hybrid on the label;”

8. 1966

   Pub. L. 89–686 § 6 · 80 Stat. 975

   Added · 7 U.S.C. § 1571(a)(10)

   Pub. L. 89–686, § 6, added par. (10)

   Source evidence

   Code amendment note
   Subsec. (a)(10). Pub. L. 89–686, § 6, added par. (10).

   Enacted provision · exact public law section
   Sec. 6. Section 201(a) of said Act (53 Stat. 1279; 7 U.S.C. 1571(a)) is amended by adding at the end thereof a new paragraph (10), to read as follows: “(10) The year and month beyond which an inoculant, if shown Inoculant. in the labeling, is no longer claimed to be effective.”

9. 1966

   Pub. L. 89–686 § 7 · 80 Stat. 975

   Substituted · 7 U.S.C. § 1571(b)

   Pub. L. 89–686, § 7, substituted provisions respecting labeling requirements for containers of one pound or less of seed that germinates equal to or above the standard last established by the Secretary of Agriculture in par. (1), containers of one pound or less of seed that germinates less than the standard last established by the Secretary in par. (2), and containers of more than one pound of seed in par. (3), for former labeling requirements which prescribed in par. (1) name of each kind and variety of seed and if two or more kinds or varieties are present, the percentage of each, in par. (2) for each variety of vegetable seed which germinates less than the standard last established by the Secretary of Agriculture, as provided under section 1593(c) of this title, the percentage of germination, exclusive of hard seed; (ii) percentage of hard seed, if present; (iii) the calendar month and year the test was completed to determine such percentages; (iv) the words “Below Standard”; and in par. (3), name and address of—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–686, § 7, substituted provisions respecting labeling requirements for containers of one pound or less of seed that germinates equal to or above the standard last established by the Secretary of Agriculture in par. (1), containers of one pound or less of seed that germinates less than the standard last established by the Secretary in par. (2), and containers of more than one pound of seed in par. (3), for former labeling requirements which prescribed in par. (1) name of each kind and variety of seed and if two or more kinds or varieties are present, the percentage of each, in par. (2) for each variety of vegetable seed which germinates less than the standard last established by the Secretary of Agriculture, as provided under section 1593(c) of this title, the percentage of germination, exclusive of hard seed; (ii) percentage of hard seed, if present; (iii) the calendar month and year the test was completed to determine such percentages; (iv) the words “Below Standard”; and in par. (3), name and address of—

   (A) the person who transports, or delivers for transportation, said seed in interstate commerce; or (B) the person to whom the seed is sold or shipped for resale, together with a code designation approved by the Secretary of Agriculture under rules and regulations prescribed under section 1592 of this title, indicating the person who transports or delivers for transportation said seed in interstate commerce.

   Enacted provision · exact public law section
   Sec. 7. Section 201(b) of said Act (53 Stat. 1280, 72 Stat. 476; 7 U.S.C. 1571 (b)) is amended to read as follows: “(b) Any vegetable seeds, for seeding purposes, in containers, unless Vegetable seeds. each container bears a label giving the following information in accordance with rules and regulations prescribed under section 402 of this Act: “(1) For containers of one pound or less of seed that germinates equal to or above the standard last established by the Secretary of Agriculture, as provided under section 403(c) of this Act— 7 USC 1593. “(A) The name of each kind and variety of seed, and if two or more kinds or varieties are present, the percentage of each, and further, that in the case of any such component which is a hybrid seed, it shall be designated as hybrid on the label; and “(B) Name and address of— “(i) the person who transports, or delivers for transportation, said seed in interstate commerce; or “(ii) the person to whom the seed is sold or shipped for resale, together with a code designation approved by the Secretary of Agriculture under rules and regulations prescribed under section 402 of this Act, indicating the person who transports or delivers for transportation said seed in interstate commerce; “(2) For containers of one pound or less of seed that germinates less than the standard last established by the Secretary of Agriculture, 7 USC 1593. as provided under section 403(c) of this Act— “(A) The name of each kind and variety of seed, and if two or more kinds or varieties are present, the percentage of each, and further, that in the case of any such component which is a hybrid seed, it shall be designated as hybrid on the label; and “(B) For each named kind and variety of seed— “(i) the percentage of germination, exclusive of hard seed; “(ii) the percentage of hard seed, if present; “(iii) the calendar month and year the test was completed to determine such percentages; “(iv) the words ‘Below Standard’; and “(C) Name and address of— “(i) the person who transports, or delivers for transportation, said seed in interstate commerce; or “(ii) the person to whom the seed is sold or shipped for resale, together with a code designation approved by the Secretary of Agriculture under rules and regulations prescribed under section 402 of this Act, indicating the person who transports or delivers for transportation said seed in interstate commerce. “(3) For containers of more than one pound of seed— “(A) The name of each kind and variety of seed, and if two or more kinds or varieties are present, the percentage of each and, further, that in the case of any such component which is a hybrid seed, it shall be designated as hybrid on the label; “(B) Lot number or other lot identification; “(C) For each named kind and variety of seed— “(i) the percentage of germination, exclusive of hard seed; “(ii) the percentage of hard seed, if present; “(iii) the calendar month and year the test was completed to determine such percentages; and “(D) Name and address of— “(i) the person who transports, or delivers for transportation. said seed in interstate commerce; or “(ii) the person to whom the seed is sold or shipped for re-sale, together with a code designation approved by the Secretary of Agriculture under rules and regulations prescribed under section 402 of this Act, indicating the person who transports or delivers for transportation said seed in interstate commerce.”

10. 1966

    Pub. L. 89–686 § 8 · 80 Stat. 975

    Substituted · 7 U.S.C. § 1571(c)

    Pub. L. 89–686, § 8, substituted in cl. (b) “a longer period for any kind of agricultural or vegetable seed which is packaged in such container materials and under such other conditions prescribed by the Secretary of Agriculture as he finds will, during such longer period, maintain the viability of said seed under ordinary conditions of handling” for “a longer period not to exceed nine months, exclusive of the calendar month in which the test was completed, for kinds of agricultural or vegetable seed which he finds under ordinary conditions of handling will maintain during such longer period a germination within the established limits of tolerance”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 89–686, § 8, substituted in cl. (b) “a longer period for any kind of agricultural or vegetable seed which is packaged in such container materials and under such other conditions prescribed by the Secretary of Agriculture as he finds will, during such longer period, maintain the viability of said seed under ordinary conditions of handling” for “a longer period not to exceed nine months, exclusive of the calendar month in which the test was completed, for kinds of agricultural or vegetable seed which he finds under ordinary conditions of handling will maintain during such longer period a germination within the established limits of tolerance”.

    Enacted provision · exact public law section
    Sec. 8. Clause (b) of section 201(c) of said Act (53 Stat. 1280; 7 U.S.C. 1571 (c)) is amended to read as follows: “(b) a longer period for any kind of agricultural or vegetable seed which is packaged in such container materials and under such other conditions prescribed by the Secretary of Agriculture as he finds will, during such longer period, maintain the viability of said seed under ordinary conditions of handling.”

11. 1966

    Pub. L. 89–686 § 9 · 80 Stat. 975

    Inserted · 7 U.S.C. § 1571(i)(4)

    Pub. L. 89–686, § 9, transposed “of any process used in such treatment” which followed “description” to end of sentence, inserting a comma preceding such phrase

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 89–686, § 9, transposed “of any process used in such treatment” which followed “description” to end of sentence, inserting a comma preceding such phrase.

    Enacted provision · exact public law section
    Sec. 9. Section 201(i) (4) of said Act (72 Stat. 477; 7 U.S.C. 1571 (i) (4)) is amended to read as follows: “(4) A description, approved by the Secretary of Agriculture as adequate for the protection of the public, of any process used in such treatment.”

12. 1966

    Pub. L. 89–686 § 10 · 80 Stat. 975

    Added · 7 U.S.C. § 1571(j)

    Pub. L. 89–686, § 10, added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 89–686, § 10, added subsec. (j).

    Enacted provision · exact public law section
    Sec. 10. Section 201 of said Act (53 Stat. 1279; 7 U.S.C. 1571) is amended by adding at the end thereof a new subsection (j) to read as follows: “(j) Any agricultural seed mixtures intended for lawn and turf Lawn and turf seed mixtures. seed purposes, in containers of fifty pounds or less, unless each container thereof bears a label giving the following information and statements in accordance with rules and regulations prescribed under section 402 of this Act: 7 USC 1592. “(1) The headings ‘Fine-textured Grasses’ and ‘Coarse Kinds’, and specified in tabular form thereunder in type no larger than the headings, for each lawn and turf seed component present in excess of 5 per centum of the whole or named on the label: “(i) the name of the kind, or kind and variety, “(ii) the percentage by weight of each, in order of its predominance under the appropriate heading required above, “(iii) the percentage of germination of each, exclusive of hard seed, “(iv) the percentage of hard seed, if present, and “(v) the calendar month and year the test was completed to determine such percentages. “(2) The heading ‘Other Ingredients’, and specified thereunder in type no larger than the heading the following information: “(A) Percentage by weight of weed seeds, including noxious-weed seeds; “(B) Percentage by weight of agricultural seeds other than those included under paragraph (1) of this subsection; “(C) Percentage by weight of inert matter. “(3) The following additional information: “(A) Lot number or other identification; “(B) Kinds of noxious-weed seeds and the rate of occurrence of each, which rate shall be expressed in accordance with and shall not exceed the rate allowed for shipment, movement, or sale of such noxious-weed seeds by the law and regulations of the State into which the seed is offered for transportation or transported, or in accordance with the rules and regulations of the Secretary of Agriculture, when under the provisions of section 101(a) (9) (A) (iii) he shall determine that weeds other than those designated 7 USC 1561. by State requirements are noxious; “(C) Name and address of— “(i) the person who transports, or delivers for transportation. said seed in interstate commerce, or “(ii) the person to whom the seed is sold or shipped for re-sale, together with a code designation approved by the Secre-tary of Agriculture under rules and regulations prescribed 7 USC 1592. under section 402 of this Act, indicating the person who transports or delivers for transportation said seed in inter-state commerce.”

13. 1983

    Pub. L. 97–439 § 2(a) · 96 Stat. 2287

    Struck · 7 U.S.C. § 1571(a)

    Pub. L. 97–439, § 2(a), struck out “, except as provided in paragraph (j) of this section for seed mixtures intended for lawn and turf purposes,” after “following information” in provisions preceding par. (1)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–439, § 2(a), struck out “, except as provided in paragraph (j) of this section for seed mixtures intended for lawn and turf purposes,” after “following information” in provisions preceding par. (1).

    Enacted provision · exact public law section
    (a) The matter preceding clause (1) of section 201(a) of the Federal Seed Act (7 U.S.C. 1571(a)) is amended by striking out “, except as provided in paragraph (j) of this section for seed mixtures intended for lawn and turf purposes,”.

14. 1983

    Pub. L. 97–439 § 2(b)(1) · 96 Stat. 2287

    Inserted · 7 U.S.C. § 1571(a)(1)(A)

    Pub. L. 97–439, § 2(b)(1), inserted “(A), except with respect to seed mixtures intended for lawn and turf purposes,” after “Provided, That”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 97–439, § 2(b)(1), inserted “(A), except with respect to seed mixtures intended for lawn and turf purposes,” after “Provided, That”.

    Enacted provision · exact public law section
    (1) inserting “(A), except with respect to seed mixtures intended for lawn and turf purposes,” after “Provided, That”;

15. 1983

    Pub. L. 97–439 § 2(b)(2) · 96 Stat. 2287

    Substituted · 7 U.S.C. § 1571(a)(1)(B)

    Pub. L. 97–439, § 2(b)(2), substituted “, (B)” for “: And provided further, That”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 97–439, § 2(b)(2), substituted “, (B)” for “: And provided further, That”.

    Enacted provision · exact public law section
    (2) striking out “: And provided further, That”, and inserting in lieu thereof “, (B)”; and

16. 1983

    Pub. L. 97–439 § 2(b)(3) · 96 Stat. 2287

    Added · 7 U.S.C. § 1571(a)(1)(C)

    Pub. L. 97–439, § 2(b)(3), added cl. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 97–439, § 2(b)(3), added cl. (C).

    Enacted provision · exact public law section
    (3) inserting before the semicolon at the end thereof the following: “, and (C) seed mixtures intended for lawn and turf purposes shall be designated as a mixture on the label and each seed component shall be listed on the label in the order of predominance”.

17. 1983

    Pub. L. 97–439 § 3 · 96 Stat. 2287

    Inserted · 7 U.S.C. § 1571(a)(8)

    Pub. L. 97–439, § 3, inserted exception relating to the case of a seed mixture

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 97–439, § 3, inserted exception relating to the case of a seed mixture.

    Enacted provision · exact public law section
    Sec. 3. seed mixture test dates Section 201(a)(8) of the Federal Seed Act (7 U.S.C. 1571(a)(8)) is amended by inserting before the semicolon at the end thereof the following: “, except that, in the case of a seed mixture, it is only necessary to state the calendar month and year of such test for the kind or variety or type of agricultural seed contained in such mixture which has the oldest calendar month and year test date among the tests conducted on all the kinds or varieties or types of agricultural seed contained in such mixture”.

18. 1983

    Pub. L. 97–439 § 4(1) · 96 Stat. 2287

    Substituted · 7 U.S.C. § 1571(c)(1)

    Pub. L. 97–439, § 4(1), substituted “(1)” for “(a)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 97–439, § 4(1), substituted “(1)” for “(a)”.

    Enacted provision · exact public law section
    (1) striking out “(a)” and inserting “(1)” in lieu thereof;

19. 1983

    Pub. L. 97–439 § 4(2) · 96 Stat. 2287

    Substituted · 7 U.S.C. § 1571(c)(2)

    Pub. L. 97–439, § 4(2), substituted “(2)” for “(b)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 97–439, § 4(2), substituted “(2)” for “(b)”.

    Enacted provision · exact public law section
    (2) striking out “(b)” and inserting “(2)” in lieu thereof;

20. 1983

    Pub. L. 97–439 § 4(3) · 96 Stat. 2287

    Inserted · 7 U.S.C. § 1571(c)(2)(A)

    Pub. L. 97–439, § 4(3), inserted “(A)” after “vegetable seed which”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 97–439, § 4(3), inserted “(A)” after “vegetable seed which”.

    Enacted provision · exact public law section
    (3) inserting “(A)” after “which” in clause (2) as redesignated by this section; and

21. 1983

    Pub. L. 97–439 § 4(4) · 96 Stat. 2287

    Added · 7 U.S.C. § 1571(c)(2)(B)

    Pub. L. 97–439, § 4(4), added cl. (B)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 97–439, § 4(4), added cl. (B).

    Enacted provision · exact public law section
    (4) adding before the period at the end thereof the following: “; or (B) the Secretary finds will maintain a percentage of germination within the limits of tolerance established under this Act under ordinary conditions of handling”.

22. 1983

    Pub. L. 97–439 § 2(c) · 96 Stat. 2287

    Struck · 7 U.S.C. § 1571(j)

    Pub. L. 97–439, § 2(c), struck out subsec. (j) which directed that seed mixtures intended for lawn and turf purposes be transported or delivered for transport in interstate commerce in containers of fifty pounds or less, and specified the information to be placed on the label

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 97–439, § 2(c), struck out subsec. (j) which directed that seed mixtures intended for lawn and turf purposes be transported or delivered for transport in interstate commerce in containers of fifty pounds or less, and specified the information to be placed on the label.

    Enacted provision · exact public law section
    (c) Section 201(j) of such Act (7 U.S.C. 1571(j)) is repealed.

20 of 22 references resolved to an enrolled provision · 2 partial