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Title 7 — Agriculture

Chapter 37 — Seeds

§ 1611. Illegal sales of uncertified seed

Statutory text

It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is 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: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.

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. Plant Variety Protection Act

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

    Enacted · 7 U.S.C. § 1611

    Aug. 9, 1939, ch. 615, title V, § 501, as added Pub. L. 91–577, title III, § 142(a), Dec. 24, 1970, 84 Stat. 1558

    Source evidence

    Code source credit
    Aug. 9, 1939, ch. 615, title V, § 501, as added Pub. L. 91–577, title III, § 142(a), Dec. 24, 1970, 84 Stat. 1558

    Enacted provision · exact public law section
    (a) By adding at the end thereof: “TITLE V— SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY “Section 501. “(a) It shall be unlawful in the United States or in interstate or foreign commerce to sell by variety name seed not certified by an official seed certifying agency when it is 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: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety.”

  2. Agriculture and Food Act of 1981

    Pub. L. 97–98 title XI § 1118 · 95 Stat. 1213

    1. Substituted · 7 U.S.C. § 1611

      Pub. L. 97–98 substituted “sell or offer for sale or advertise, by variety name, seed” for “sell by variety name seed”

    2. Substituted · 7 U.S.C. § 1611

      Pub. L. 97–98 substituted “certifying agency, when” for “certifying agency when”

    3. Substituted · 7 U.S.C. § 1611

      Pub. L. 97–98 substituted “owners of the variety” for “owner of the variety”

    Source evidence

    Code amendment note
    Pub. L. 97–98 substituted “sell or offer for sale or advertise, by variety name, seed” for “sell by variety name seed”, “certifying agency, when” for “certifying agency when”, and “owners of the variety” for “owner of the variety”.

    Enacted provision · exact public law section
    Sec. 1118. unlawful to offer for sale or advertise protected seed when not certified by a state agency Section 501 of the Federal Seed Act (7 U.S.C. 1611) is amended to read as follows: “Sec. 501. It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is a variety for which a certificate of plant variety protection under 7 USC 2321 note. the Plant Variety Protection Act specifies sale only as a class of certified seed: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.”.

    Effective date note
    Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

4 of 4 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.

Amendments

1981—Pub. L. 97–98 substituted “sell or offer for sale or advertise, by variety name, seed” for “sell by variety name seed”, “certifying agency, when” for “certifying agency when”, and “owners of the variety” for “owner of the variety”.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective , see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective , see section 141 of Pub. L. 91–577, set out as a note under section 2321 of this title.

Credits

1939–1981 · 2 acts
  1. 1939Aug. 9, 1939, ch. 615, title V, § 501, as added Pub. L. 91–577, title III, § 142(a), , 84 Stat. 1558
  2. 1981amended Pub. L. 97–98, title XI, § 1118, , 95 Stat. 1272.
Show as published

(Aug. 9, 1939, ch. 615, title V, § 501, as added Pub. L. 91–577, title III, § 142(a), , 84 Stat. 1558; amended Pub. L. 97–98, title XI, § 1118, , 95 Stat. 1272.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s1611