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119th Congress

Title 7 — Agriculture

Chapter 37 — Seeds

§ 1582. Procedure relating to importations; disposal of refuse; exceptions

Statutory text

(a)

The Secretary of the Treasury shall deliver to the Secretary of Agriculture, subject to joint rules and regulations prescribed under section 1592 of this title, samples of seed and screenings which are being imported into the United States, or offered for import, giving notice thereof to the owner or consignee, and if it appears from the examination of such samples that any seed or screenings offered to be imported into the United States are subject to the provisions of this subchapter and do not comply with the provisions of this subchapter, or if the labeling of such seed is false or misleading in any respect, such seed or screenings shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the owner or consignee, who may appear, however, before the Secretary of Agriculture and show cause why the seed or screenings should be admitted. Seed or screenings refused admission and not exported by the owner or consignee within twelve months from the date of notice of such refusal shall be destroyed in accordance with joint rules and regulations prescribed under section 1592 of this title: Provided, That the Secretary of the Treasury may authorize the delivery of seed or screenings which are being imported or offered for import to the owner or consignee thereof, pending decision as to the admission of such seed or screenings and for cleaning, labeling, or other reconditioning if required to bring such seed or screenings into compliance with the provisions of this chapter, upon the execution by such owner or consignee of a good and sufficient bond conditioned upon redelivery of the seed or screenings upon demand unless redelivery is waived because the seed is reconditioned to bring it into compliance with this chapter or is destroyed under Government supervision under this chapter, and providing for the payment of such liquidated damages in the event of default as may be required pursuant to regulations of the Secretary of the Treasury: And provided further, That all expenses incurred by the United States (including travel, per diem or subsistence, and salaries of officers or employees of the United States) in connection with the supervision of cleaning, labeling, other reconditioning, or destruction, of seed or screenings under this subchapter shall be reimbursed to the United States by the owner or consignee of the seed or screenings, and such reimbursements shall be recredited to the appropriation from which the expenses were paid, the amount of such expenses to be determined in accordance with joint regulations under section 1592 of this title, and all expenses in connection with the storage, cartage, and labor on the seed or screenings which are refused admission or delivery, shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against future importations made by such owner or consignee.

(b)

The refuse from any seeds or screenings which are allowed to be cleaned under bond shall be destroyed in accordance with joint rules and regulations prescribed under section 1592 of this title.

(c)

The provisions of this subchapter shall not apply—

(1)

when seed is shipped in bond through the United States, or

(2)

when the Secretary of Agriculture finds that a substantial proportion of the importations of any kind of seed is used for other than seeding purposes, and he provides by rules and regulations that seed of such kind not imported for seeding purposes shall be exempted from the provisions of the chapter: Provided, That importations of such kinds of seed shall be accompanied by a declaration setting forth the use for which imported when and as required under joint rules and regulations prescribed under section 1592 of this title.

(d)

The provisions of this subchapter prohibiting the importation of seed shall not apply—

(1)

when seed grown in the United States is returned from a foreign country without having been admitted into the commerce of any foreign country: Provided, That there is satisfactory proof as provided for in the joint rules and regulations prescribed under section 1592 of this title, that the seed was grown in the United States and was not admitted into the commerce of a foreign country and was not commingled with other seed, or

(2)

when seed is imported for sowing for experimental or breeding purposes and not for sale: Provided, That declarations are filed, and importations are limited in quantity, as provided for in the rules and regulations prescribed under section 1592 of this title, to assure that the importations are for experimental or breeding purposes.

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. 76–615 · 53 Stat. 1275

    Enacted · 7 U.S.C. § 1582

    Aug. 9, 1939, ch. 615, title III, § 302, 53 Stat. 1283

    Source evidence

    Code source credit
    Aug. 9, 1939, ch. 615, title III, § 302, 53 Stat. 1283

  2. Pub. L. 85–581 § 14 · 72 Stat. 476

    Added · 7 U.S.C. § 1582(d)

    Pub. L. 85–581, § 14, added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 85–581, § 14, added subsec. (d).

    Enacted provision · exact public law section
    Sec. 14. Section 302 of said Act (7 U. S. C. 1582) is further 53 Stat. 1283. amended by adding at the end thereof a new subsection (d) to read as follows: “(d) The provisions of this title prohibiting the importation of seed Nonapplicability that is adulterated or unfit for seeding purposes shall not apply— “(1) when seed grown in the United States is returned from a foreign country without having been admitted into the commerce of any foreign country: Provided, That there is satisfactory proof as provided for in the joint rules and regulations prescribed under section 402 of this Act, that the seed was grown in the United States and was not admitted into the commerce of a foreign country and was not commingled with other seed, or “(2) when seed is imported for sowing for experimental or breeding purposes and not for sale: Provided, That declarations are filed, and importations are limited in quantity, as provided for in the rules and regulations prescribed under section 402 of this Act, to assure that the importations are for experimental or breeding purposes.”

  3. Pub. L. 85–851 § 13 · 72 Stat. 1094

    Inserted · 7 U.S.C. § 1582(a)

    Pub. L. 85–851, § 13, inserted “owner or” before “consignee” wherever appearing, except in the two provisos, changed first proviso to bring its wording in line with practices generally followed with other commodities illegally placed into consumption, and provided in second proviso for reimbursement of all costs to the Federal Government incident to supervision required under this chapter

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 85–851, § 13, inserted “owner or” before “consignee” wherever appearing, except in the two provisos, changed first proviso to bring its wording in line with practices generally followed with other commodities illegally placed into consumption, and provided in second proviso for reimbursement of all costs to the Federal Government incident to supervision required under this chapter.

  4. Pub. L. 89–686 § 15 · 80 Stat. 975

    Changed · 7 U.S.C. § 1582(a)

    Pub. L. 89–686, § 15, authorized Secretary of Agriculture to apply statistical sampling and inspection techniques to samples and screenings to determine whether the pure-live seed requirement of any kind of seed is being met and to advise importer of each lot of seed not examined for pure-live seed percentage

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–686, § 15, authorized Secretary of Agriculture to apply statistical sampling and inspection techniques to samples and screenings to determine whether the pure-live seed requirement of any kind of seed is being met and to advise importer of each lot of seed not examined for pure-live seed percentage.

    Enacted provision · exact public law section
    Sec. 15. Section 302(a) of said Act (53 Stat. 1283, 72 Stat. 478; Importation procedures. 7 U.S.C. 1582(a)) is amended by inserting after the first sentence thereof the following sentence: “The Secretary of Agriculture may apply statistical sampling and inspection techniques to said samples and screenings to determine whether the pure-live seed requirement of any kind of seed is being met, in which case, he shall advise the importer of each lot of seed not examined for pure-live seed percentage.”

  5. Pub. L. 89–686 § 16 · 80 Stat. 975

    Added · 7 U.S.C. § 1582(d)(3)

    Pub. L. 89–686, § 16, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 89–686, § 16, added par. (3).

    Enacted provision · exact public law section
    Sec. 16. Section 302(d) of the Act (72 Stat. 479; 7 U.S.C. 1582(d)) is amended by adding at the end thereof a new paragraph (3) reading as follows: “(3) when seed not meeting the pure-live seed requirements of section 304 of this title will not be sold within the United States and will be used for seed production only by or for the importer or consignee: Provided, That the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 402 of this Act certifying 7 USC 1592. that such seed will be used only for seed production by or for the importer or consignee.”

  6. Pub. L. 89–686 § 17 · 80 Stat. 975

    Added · 7 U.S.C. § 1582(e)

    Pub. L. 89–686, § 17, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 89–686, § 17, added subsec. (e).

    Enacted provision · exact public law section
    Sec. 17. Section 302 of said Act (53 Stat. 1283,72 Stat. 479, 7 U.S.C. 1582) is further amended by adding at the end thereof a new paragraph (e) reading as follows: “(e) The provisions of this title requiring certain seeds to be stained shall not apply when such seed will not be sold within the United States and will be used for seed production only by or for the importer or consignee: Provided, That the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 402 of this Act certifying that such seed will be used only for seed production by or for the importer or consignee.”

  7. Pub. L. 97–439 § 5(b)(2) · 96 Stat. 2287

    Struck · 7 U.S.C. § 1582(a)

    Pub. L. 97–439, § 5(b)(2), struck out provision that Secretary may apply statistical sampling and inspection techniques to samples and screenings to determine whether pure-live seed requirement of any kind of seed was being met, in event of which he was to advise importer of each lot of seed not examined for pure-live seed percentage

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–439, § 5(b)(2), struck out provision that Secretary may apply statistical sampling and inspection techniques to samples and screenings to determine whether pure-live seed requirement of any kind of seed was being met, in event of which he was to advise importer of each lot of seed not examined for pure-live seed percentage.

    Enacted provision · exact public law section
    (2) Section 302(a) of such Act (7 UAC. 1582(a)) is amended by striking out the second sentence.

  8. Pub. L. 97–439 § 5(b)(3)(A) · 96 Stat. 2287

    Struck · 7 U.S.C. § 1582(d)

    Pub. L. 97–439, § 5(b)(3)(A), struck out “that is adulterated or unfit for seeding purposes” after “importation of seed” in provisions preceding par. (1)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–439, § 5(b)(3)(A), struck out “that is adulterated or unfit for seeding purposes” after “importation of seed” in provisions preceding par. (1).

    Enacted provision · exact public law section
    (A) striking out “that is adulterated or unfit for seeding purposes” in the matter preceding clause (1); and

  9. Pub. L. 97–439 § 5(b)(3)(B) · 96 Stat. 2287

    Struck · 7 U.S.C. § 1582(d)(3)

    Pub. L. 97–439, § 5(b)(3)(B), struck out cl. (3) which described the situation when seed not meeting the pure-live seed requirements of section 1584 of this title would not be sold within the United States and would be used for seed production only by or for the importer or consignee, providing that the importer of record or consignee filed a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed would be used only for seed production by or for the importer or consignee

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 97–439, § 5(b)(3)(B), struck out cl. (3) which described the situation when seed not meeting the pure-live seed requirements of section 1584 of this title would not be sold within the United States and would be used for seed production only by or for the importer or consignee, providing that the importer of record or consignee filed a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed would be used only for seed production by or for the importer or consignee.

    Enacted provision · exact public law section
    (B) striking out clause (3).

  10. United States-Canada Free-Trade Agreement Implementation Act of 1988

    Pub. L. 100–449 title III § 301(e) · 102 Stat. 1851

    Amended · 7 U.S.C. § 1582

    Pub. L. 100–449 temporarily amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The provisions of this subchapter requiring certain seeds to be stained shall not apply when such seed will not be sold within the United States and will be used for seed production only by or for the importer or consignee: Provided, That the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed will be used only for seed production by or for the importer or consignee.” See Effective and Termination Dates of 1988 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 100–449 temporarily amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The provisions of this subchapter requiring certain seeds to be stained shall not apply when such seed will not be sold within the United States and will be used for seed production only by or for the importer or consignee: Provided, That the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed will be used only for seed production by or for the importer or consignee.” See Effective and Termination Dates of 1988 Amendment note below.

    Enacted provision · exact public law section
    (e) Importation of Seeds.— Subsection (e) of section 302 of the Federal Seed Act (7 U.S.C. 1582(e)) is amended to read as follows: “(e) The provisions of this title requiring certain seeds to be stained shall not apply— “(1) to alfalfa or clover seed originating in Canada, or “(2) when seeds otherwise required to be stained will not be sold within the United States and will be used for seed production only by or for the importer or consignee and the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 402 certifying that such seeds will be used only for seed production by or for the importer or consignee.”.

  11. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 title III § 361(a) · 107 Stat. 2057

    Inserted · 7 U.S.C. § 1582(e)(1)

    Pub. L. 103–182 inserted “or Mexico” after “Canada”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 103–182 inserted “or Mexico” after “Canada”.

    Enacted provision · exact public law section
    (a) Federal Seed Act.— Section 302(e)(1) of the Federal Seed Act (7 U.S.C. 1582(e)(1)) is amended by inserting “or Mexico” after “Canada”.

  12. Pub. L. 103–465 § 441(2)(A) · 108 Stat. 4809

    Struck · 7 U.S.C. § 1582(a)

    Pub. L. 103–465, § 441(2)(A), struck out “staining,” before “cleaning, labeling,” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–465, § 441(2)(A), struck out “staining,” before “cleaning, labeling,” in two places.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “staining,” both places it appears; and

    Effective date note
    Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.

  13. Pub. L. 103–465 § 441(2)(B) · 108 Stat. 4809

    Struck · 7 U.S.C. § 1582(e)

    Pub. L. 103–465, § 441(2)(B), struck out subsec. (e) which read as follows: “The provisions of this subchapter requiring certain seeds to be stained shall not apply—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–465, § 441(2)(B), struck out subsec. (e) which read as follows: “The provisions of this subchapter requiring certain seeds to be stained shall not apply—

    “(1) to alfalfa or clover seed originating in Canada or Mexico, or “(2) when seeds otherwise required to be stained will not be sold within the United States and will be used for seed production only by or for the importer or consignee and the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seeds will be used only for seed production by or for the importer or consignee.”

    Enacted provision · exact public law section
    (B) by striking subsection (e);

    Effective date note
    Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.

11 of 13 references resolved to an enrolled provision · 2 partial

Notes

Amendment of Section

For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

Amendments1958–1994 · 6 rounds

1994

Subsec. (a). Pub. L. 103–465, § 441(2)(A), struck out “staining,” before “cleaning, labeling,” in two places.

Subsec. (e). Pub. L. 103–465, § 441(2)(B), struck out subsec. (e) which read as follows: “The provisions of this subchapter requiring certain seeds to be stained shall not apply—

“(1) to alfalfa or clover seed originating in Canada or Mexico, or

“(2) when seeds otherwise required to be stained will not be sold within the United States and will be used for seed production only by or for the importer or consignee and the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seeds will be used only for seed production by or for the importer or consignee.”

1993

Subsec. (e)(1). Pub. L. 103–182 inserted “or Mexico” after “Canada”.

1988

Pub. L. 100–449 temporarily amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The provisions of this subchapter requiring certain seeds to be stained shall not apply when such seed will not be sold within the United States and will be used for seed production only by or for the importer or consignee: Provided, That the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed will be used only for seed production by or for the importer or consignee.” See Effective and Termination Dates of 1988 Amendment note below.

1983

Subsec. (a). Pub. L. 97–439, § 5(b)(2), struck out provision that Secretary may apply statistical sampling and inspection techniques to samples and screenings to determine whether pure-live seed requirement of any kind of seed was being met, in event of which he was to advise importer of each lot of seed not examined for pure-live seed percentage.

Subsec. (d). Pub. L. 97–439, § 5(b)(3)(A), struck out “that is adulterated or unfit for seeding purposes” after “importation of seed” in provisions preceding par. (1).

Subsec. (d)(3). Pub. L. 97–439, § 5(b)(3)(B), struck out cl. (3) which described the situation when seed not meeting the pure-live seed requirements of section 1584 of this title would not be sold within the United States and would be used for seed production only by or for the importer or consignee, providing that the importer of record or consignee filed a statement in accordance with the rules and regulations prescribed under section 1592 of this title certifying that such seed would be used only for seed production by or for the importer or consignee.

1966

Subsec. (a). Pub. L. 89–686, § 15, authorized Secretary of Agriculture to apply statistical sampling and inspection techniques to samples and screenings to determine whether the pure-live seed requirement of any kind of seed is being met and to advise importer of each lot of seed not examined for pure-live seed percentage.

Subsec. (d)(3). Pub. L. 89–686, § 16, added par. (3).

Subsec. (e). Pub. L. 89–686, § 17, added subsec. (e).

1958

Subsec. (a). Pub. L. 85–851, § 13, inserted “owner or” before “consignee” wherever appearing, except in the two provisos, changed first proviso to bring its wording in line with practices generally followed with other commodities illegally placed into consumption, and provided in second proviso for reimbursement of all costs to the Federal Government incident to supervision required under this chapter.

Subsec. (d). Pub. L. 85–581, § 14, added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.

Effective and Termination Dates of 1988 Amendment

Amendment by Pub. L. 100–449 effective on the date the United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c), of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties.

Effective Date

See section 1610 of this title.

Transfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this subchapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

1939–1994 · 7 acts
  1. 1939Aug. 9, 1939, ch. 615, title III, § 302, 53 Stat. 1283
  2. 1958Pub. L. 85–581, §§ 13, 14, , 72 Stat. 478, 479
  3. 1966Pub. L. 89–686, §§ 15–17, , 80 Stat. 979
  4. 1983Pub. L. 97–439, § 5(b)(2), (3), , 96 Stat. 2288
  5. 1988Pub. L. 100–449, title III, § 301(e), , 102 Stat. 1868
  6. 1993Pub. L. 103–182, title III, § 361(a), , 107 Stat. 2122
  7. 1994Pub. L. 103–465, title IV, § 441(2), , 108 Stat. 4973.
Show as published

(Aug. 9, 1939, ch. 615, title III, § 302, 53 Stat. 1283; Pub. L. 85–581, §§ 13, 14, , 72 Stat. 478, 479; Pub. L. 89–686, §§ 15–17, , 80 Stat. 979; Pub. L. 97–439, § 5(b)(2), (3), , 96 Stat. 2288; Pub. L. 100–449, title III, § 301(e), , 102 Stat. 1868; Pub. L. 103–182, title III, § 361(a), , 107 Stat. 2122; Pub. L. 103–465, title IV, § 441(2), , 108 Stat. 4973.)

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