Collapse to view only § 1562. False representations as certified seed; required provisions
§ 1561. Definition of terms
(a) When used in this chapter—
(1) The term “United States” means the several States, District of Columbia, and Puerto Rico.
(2) The term “person” includes a partnership, corporation, company, society, or association.
(3) The term “interstate commerce” means—
(A) commerce between any State, Territory, possession, or the District of Columbia, and any other State, Territory, possession, or the District of Columbia; or
(B) commerce between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or
(C) commerce within the District of Columbia.
(4) For the purposes of this chapter with respect to labeling for treatment, variety and origin (but not in anywise limiting the foregoing definition), seeds shall be considered to be in interstate commerce, or delivered for transportation in interstate commerce, if such seeds are part of, or delivered for transportation in, that current of commerce usual in the transportation and/or merchandising of seeds, whereby such seeds are sent from one State with the expectation that they will end their transit in another, including, in addition to cases within the above general description, all cases where seeds are transported or delivered for transportation to another State, or for processing or cleaning for seeding purposes within the State and shipment outside the State of the processed or cleaned seeds. Seeds normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter.
(5) The term “foreign commerce” means commerce between the United States, its possessions, or any Territory of the United States, and any foreign country.
(6)
(a) The term “district court of the United States” means any court exercising the powers of a district court of the United States.
(b) Omitted
(7) The term—
(A) “Agricultural seeds” shall mean grass, forage, and field crop seeds which the Secretary of Agriculture finds are used for seeding purposes in the United States and which he lists in the rules and regulations prescribed under section 1592 of this title.
(B) “Vegetable seeds” shall include the seeds of those crops that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seeds.
(8) For the purpose of subchapter II, the term “weed seeds” means the seeds or bulblets of plants recognized as weeds either by the law or rules and regulations of—
(A) The State into which the seed is offered for transportation, or transported; or
(B) Puerto Rico, Guam, or District of Columbia into which transported, or District of Columbia in which sold.
(9)
(A) For the purpose of subchapter II, the term “noxious-weed seeds” means the seeds or bulblets of plants recognized as noxious—
(i) by the law or rules and regulations of the State into which the seed is offered for transportation, or transported;
(ii) by the law or rules and regulations of Puerto Rico, Guam, or the District of Columbia, into which transported, or District of Columbia in which sold; or
(iii) by the rules and regulations of the Secretary of Agriculture under this chapter, when after investigation he shall determine that a weed is noxious in the United States or in any specifically designated area thereof.
(B) For the purpose of subchapter III, the term “noxious-weed seeds” means the seeds of Lepidium draba L., Lepidium repens (Schrenk) Boiss., Hymenophysa pubescens C. A., Mey., white top; Cirsium arvense (L.) Scop., Canada thistle; Cuscuta spp., dodder; Agropyron repens (L.) Beauv., quackgrass; Sorghum halepense (L.) Pers., Johnson grass; Convolvulus arvensis L., bindweed; Centaurea picris Pall., Russian knapweed; Sonchus arvensis L., perennial sowthistle; Euphorbia esula L., leafy spurge; and seeds or bulblets of any other kinds which after investigation the Secretary of Agriculture finds should be included.
(10) The term “origin” means the State, District of Columbia, Puerto Rico, or possession of the United States, or the foreign country, or designated portion thereof, where the seed was grown.
(11) The term “kind” means one or more related species or subspecies which singly or collectively is known by one common name, for example, soybean, flax, carrot, radish, cabbage, cauliflower, and so forth.
(12) The term “variety” means a subdivision of a kind which is characterized by growth, plant, fruit, seed, or other characters by which it can be differentiated from other sorts of the same kind, for example, Marquis wheat, Flat Dutch cabbage, Manchu soybeans, Oxheart carrot, and so forth.
(13) The term “type” means either (A) a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions, or (B) when used with a variety name means seed of the variety named which may be mixed with seed of other varieties of the same kind and of similar character, the manner of and the circumstances connected with the use of the designation to be governed by rules and regulations prescribed under section 1592 of this title.
(14) The term “germination” means the percentage of seeds capable of producing normal seedlings under ordinarily favorable conditions (not including seeds which produce weak, malformed, or obviously abnormal sprouts), determined by methods prescribed under section 1593 of this title.
(15) The term “hard seeds” means the percentage of seeds which because of hardness or impermeability do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned, determined by methods prescribed under section 1593 of this title.
(16) The term “inert matter” means all matter not seeds, and includes among others broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed under section 1593 of this title.
(17) The term “label” means the display or displays of written, printed, or graphic matter upon or attached to the container of seed.
(18) The term “labeling” includes all labels, and other written, printed, and graphic representations, in any form whatsoever, accompanying and pertaining to any seed whether in bulk or in containers, and includes invoices.
(19) The term “advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter.
(20) Subject to such tolerances as the Secretary of Agriculture is authorized to prescribe under the provisions of this chapter—
(A) the term “false labeling” means any labeling which is false or misleading in any particular;
(B) the term “false advertisement” means any advertisement which is false or misleading in any particular.
(21) The term “screenings” shall include chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed in any way from any seeds in any kind of cleaning or processing and which contain less than 25 per centum of live agricultural or vegetable seeds.
(22) The term “in bulk” refers to seed when loose either in vehicles of transportation or in storage, and not to seed in bags or other containers.
(23) The term “treated” means given an application of a substance or subjected to a process designed to reduce, control, or repel disease organisms, insects or other pests which attack seeds or seedlings growing therefrom.
(24) The term “seed certifying agency” means (A) an agency authorized under the laws of a State, Territory, or possession, to officially certify seed and which has standards and procedures approved by the Secretary (after due notice, hearings, and full consideration of the views of farmer users of certified seed and other interested parties) to assure the genetic purity and identity of the seed certified, or (B) an agency of a foreign country determined by the Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under (A).
(Aug. 9, 1939, ch. 615, title I, § 101, 53 Stat. 1275; June 25, 1948, ch. 646, § 1, 62 Stat. 870; Aug. 1, 1956, ch. 852, § 1, 70 Stat. 908; Pub. L. 85–581, §§ 1–3, Aug. 1, 1958, 72 Stat. 476; Pub. L. 89–686, §§ 1–3, 19, Oct. 15, 1966, 80 Stat. 975, 979; Pub. L. 91–89, § 1, Oct. 17, 1969, 83 Stat. 134; Pub. L. 97–439, § 5(a), Jan. 8, 1983, 96 Stat. 2288.)
§ 1562. False representations as certified seed; required provisions
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.
(Aug. 9, 1939, ch. 615, title I, § 102, as added Pub. L. 85–581, § 4, Aug. 1, 1958, 72 Stat. 476; amended Pub. L. 91–89, § 2, Oct. 17, 1969, 83 Stat. 134; Pub. L. 91–577, title III, § 142(b), Dec. 24, 1970, 84 Stat. 1558.)