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.
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. 1558Enacted 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.”Agriculture and Food Act of 1981
Pub. L. 97–98 title XI § 1118 · 95 Stat. 1213
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”
Substituted · 7 U.S.C. § 1611
Pub. L. 97–98 substituted “certifying agency, when” for “certifying agency when”
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
- 1939Aug. 9, 1939, ch. 615, title V, § 501, as added Pub. L. 91–577, title III, § 142(a), , 84 Stat. 1558
- 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.)