§ 1561. — Definition of terms.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1561]
TITLE 7--AGRICULTURE
CHAPTER 37--SEEDS
SUBCHAPTER I--DEFINITIONS
Sec. 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 of this chapter, 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 of this chapter, 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 of this chapter, 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, Sec. 101, 53 Stat. 1275; June 25, 1948,
ch. 646, Sec. 1, 62 Stat. 870; Aug. 1, 1956, ch. 852, Sec. 1, 70 Stat.
908; Pub. L. 85-581, Secs. 1-3, Aug. 1, 1958, 72 Stat. 476; Pub. L. 89-
686, Secs. 1-3, 19, Oct. 15, 1966, 80 Stat. 975, 979; Pub. L. 91-89,
Sec. 1, Oct. 17, 1969, 83 Stat. 134; Pub. L. 97-439, Sec. 5(a), Jan. 8,
1983, 96 Stat. 2288.)
Codification
Section was enacted without a subsec. (b).
Former subsec. (a)(6)(b), which extended the former term ``circuit
court of appeals,'' in case the principal place of business or residence
of the person against whom a cease and desist order was issued was in
the District of Columbia, to the United States Court of Appeals for the
District of Columbia, for purposes of this chapter, has been omitted
from the Code as obsolete due to the enactment of act June 25, 1948. The
District of Columbia is now a judicial circuit under sections 41 and 43
of Title 28, Judiciary and Judicial Procedure. See, also, Change of Name
notes under sections 1599, 1600, and 1601 of this title.
Amendments
1983--Subsec. (a)(8). Pub. L. 97-439, Sec. 5(a)(1)(B), struck out
``(A)'' before ``For the purpose of subchapter II of this chapter''.
Subsec. (a)(8)(A). Pub. L. 97-439, Sec. 5(a)(1)(C), substituted
``(A)'' for ``(i)'' before ``The State into which''.
Subsec. (a)(8)(B). Pub. L. 97-439, Sec. 5(a)(1)(A), (D), substituted
``(B)'' for ``(ii)'' before ``Puerto Rico, Guam, or District of
Columbia'' and struck out a former subpar. (B) which had, for purposes
of subchapter III, defined ``weed seeds'' to mean seeds or bulblets of
plants found by Secretary to be detrimental to agricultural interests of
the United States or any part thereof.
Subsec. (a)(17). Pub. L. 97-439, Sec. 5(a)(2), redesignated par.
(18) as (17). Former par. (17), which, for purposes of subchapter III,
had defined ``pure live seed'' as the portion of any lot of seed subject
to this chapter consisting of live agricultural or vegetable seed
determined by methods prescribed under section 1593 of this title, was
struck out.
Subsec. (a)(18) to (25). Pub. L. 97-439, Sec. 5(a)(2), redesignated
pars. (18) through (25) as (17) through (24), respectively.
1969--Subsec. (a)(25). Pub. L. 91-89 inserted provision authorizing
Secretary (after due notice, hearing, and full consideration of the
views of interested parties) to approve of the standards and procedures
of seed certifying agencies authorized under the laws of a State,
Territory, or possession.
1966--Subsec. (a)(1). Pub. L. 89-686, Sec. 1, struck out references
to ``Alaska,'' and ``Hawaii,'' before and after ``District of
Columbia,''.
Subsec. (a)(4). Pub. L. 89-686, Sec. 19, inserted ``treatment''
before ``variety''.
Subsec. (a)(7)(A). Pub. L. 89-686, Sec. 2, redefined ``agricultural
seeds'' to be such as are listed in rules and regulations rather than in
statutory text as added to or taken therefrom pursuant to rules and
regulations.
Subsec. (a)(8)(A)(ii), (9)(A)(ii). Pub. L. 89-686, Sec. 1, struck
out reference to ``Alaska, Hawaii,'' before ``Puerto Rico''.
Subsec. (a)(10). Pub. L. 89-686, Sec. 1, struck out references to
``Alaska,'' and ``Hawaii,'' before and after ``District of Columbia,''.
Subsec. (a)(11). Pub. L. 89-686, Sec. 3, substituted ``soybean,
flax, carrot, radish'' for ``wheat, oat, vetch, sweetclover''.
1958--Subsec. (a)(7)(A). Pub. L. 85-581, Sec. 1, included sugar
beets in list of seeds subject to this chapter by striking out
``excluding sugar beet'' after ``Beta vulgaris L.--Field beet''.
Subsec. (a)(24). Pub. L. 85-581, Sec. 2, added par. (24).
Subsec. (a)(25). Pub. L. 85-581, Sec. 3, added par. (25).
1956--Subsec. (a)(8)(A)(ii). Act Aug. 1, 1956, Sec. 1(a), inserted
``Guam'' after ``Puerto Rico''.
Subsec. (a)(9)(A)(ii). Act Aug. 1, 1956, Sec. 1(b), inserted
``Guam'' after ``Puerto Rico''.
Effective Date of 1958 Amendment
Pub. L. 85-581, Sec. 16, provided that: ``This Act, and the
amendments [amending sections 1561, 1562, 1571 to 1574, 1581, 1582, and
1586 of this title] made hereby, shall take effect upon the date of
enactment [Aug. 1, 1958].''
Effective Date
See section 1610 of this title.
Admission of Alaska and Hawaii to Statehood
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was
admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309,
Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see
Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding
section 21 of Title 48, Territories and Insular Possessions. For Hawaii
Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a
note preceding section 491 of Title 48.
Section Referred to in Other Sections
This section is referred to in section 1571 of this title.
