§ 1573. — Exemptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1573]
TITLE 7--AGRICULTURE
CHAPTER 37--SEEDS
SUBCHAPTER II--INTERSTATE COMMERCE
Sec. 1573. Exemptions
(a) Carrier transporting seeds
The provisions of sections 1571 and 1572 of this title shall not
apply to any carrier in respect to any seed transported or delivered for
transportation in the ordinary course of its business as a carrier:
Provided, That such carrier is not engaged in processing or
merchandising seed subject to the provisions of this chapter; and such
provisions shall not apply to seeds produced by any farmer on his own
premises and sold by him directly to the consumer, provided such farmer
is not engaged in the business of selling seeds not produced by him: And
provided further, That such seeds produced or sold by him when
transported or offered for transportation to any State, Territory, or
District, shall not be exempted from the provisions of sections 1571 and
1572 of this title unless said seeds shall be in compliance with the
operation and effect of the laws of such State, Territory, or District,
enacted in the exercise of its police power, to the same extent and in
the same manner as though such seed had been produced, sold, offered or
exposed for sale in such State, Territory, or District, and shall not be
exempted therefrom by reason of being introduced therein in original
packages or otherwise: And provided further, That such seeds produced or
sold by him are in compliance with the seed laws of the State into which
the seed is transported.
(b) Seeds not for seeding purposes
The provisions of section 1571(a), (b), or (i) of this title shall
not apply--
(1) to seed or grain not intended for seeding purposes when
transported or offered for transportation in ordinary channels of
commerce usual for such seed or grain intended for manufacture or
for feeding; or
(2) to seed intended for seeding purposes when transported or
offered for transportation in interstate commerce--
(A) if in bulk, in which case, however, the invoice or other
records accompanying and pertaining to such seed shall bear the
various statements required for the respective seeds under
section 1571(a), (b), and (i) of this title; or
(B) if in containers and in quantities of twenty thousand
pounds or more: Provided, That (i) the omission from each
container of the information required under section 1571(a),
(b), and (i) of this title is with the knowledge and consent of
the consignee prior to the transportation or delivery for
transportation of such seed in interstate commerce, (ii) each
container shall have stenciled upon it or bear a label
containing a lot designation, and (iii) the invoice or other
records accompanying and pertaining to such seed shall bear the
various statements required for the respective seeds under
section 1571(a), (b), and (i) of this title; or
(C) if consigned to a seed cleaning or processing
establishment, to be cleaned or processed for seeding purposes:
Provided, That (i) this fact is so stated in the invoice or
other records accompanying and pertaining to such seed if the
seed is in bulk or if the seed is in containers and in
quantities of twenty thousand pounds or more, (ii) this fact is
so stated on attached labels if the seed is in containers and in
quantities less than twenty thousand pounds, and (iii) any such
seed later to be labeled as to origin and/or variety shall be
labeled as to origin and/or variety in accordance with rules and
regulations prescribed under section 1592 of this title.
(c) Emergency preventing presentation of information
When the Secretary of Agriculture finds that, because of the time
interval between seed harvesting and sowing, or because of an emergency
beyond human control, the information required by this chapter as to the
germination, and hard seed of certain kinds of seeds, cannot be given
prior to transportation or delivery for transportation in interstate
commerce, he may promulgate, with or without a hearing, rules and
regulations providing that the provisions of section 1571(a) and (b) of
this title as to the required labeling for germination and hard seed
shall not apply for such period and to such kinds of seed as he may
specify in his said rules and regulations.
(d) Intermixture of unidentified seeds; percentages of kind or kind and
variety of seeds
The provisions of sections 1571(a) and (b) of this title relative to
the labeling of agricultural and vegetable seeds with the percentages of
the kind or kind and variety of seeds shall not be deemed violated if
there are seeds in the container or bulk which could not be, or were
not, identified because of their indistinguishability in appearance from
the seeds intended to be transported or delivered for transportation in
interstate commerce: Provided, That the records of the person charged
with the duty under said section of labeling or invoicing the seeds,
kept in accordance with the rules and regulations of the Secretary of
Agriculture, together with other pertinent facts, disclose that said
person has taken reasonable precautions to insure the identity of the
seeds to be that stated.
(e) Name of substance used in treatment of seeds
The provisions of section 1571(i) of this title relative to the
labeling of agricultural and vegetable seeds with the name of any
substance used in the treatment of seeds shall not be deemed violated if
the substance or substances used in such treatment could not be or were
not identified because of their indistinguishability from the substance
or substances intended to be used in the treatment of the seeds:
Provided, That the records of the person charged with the duty under
said section of labeling or invoicing the seeds, kept in accordance with
the rules and regulations of the Secretary of Agriculture, together with
other pertinent facts, disclosed that said person has taken reasonable
precautions to insure the identity of the substance or substances to be
as stated.
(Aug. 9, 1939, ch. 615, title II, Sec. 203, 53 Stat. 1281; Pub. L. 85-
581, Sec. 10, Aug. 1, 1958, 72 Stat. 477; Pub. L. 89-686, Sec. 12, Oct.
15, 1966, 80 Stat. 978.)
Amendments
1966--Subsec. (d). Pub. L. 89-686, Sec. 12(a), substituted ``the
kind or kind and variety of seeds'', ``if there are seeds'', ``:
Provided, That'', and ``reasonable precautions to insure the identity of
the seed to be that stated'' for ``the kind or variety or type of
seeds'', ``if there be other seeds'', ``, provided that'', and ``proper
precautions to insure the identity to be that stated'', respectively.
Subsec. (e). Pub. L. 89-686, Sec. 12(b), added subsec. (e).
1958--Subsec. (b). Pub. L. 85-581 inserted references to section
1571(i) of this title and eased labeling requirements with respect to
shipment of seed in containers and in quantities of twenty thousand
pounds or more.
Effective Date
See section 1610 of this title.
