§ 1582. — Procedure relating to importations; disposal of refuse; exceptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1582]
TITLE 7--AGRICULTURE
CHAPTER 37--SEEDS
SUBCHAPTER III--FOREIGN COMMERCE
Sec. 1582. Procedure relating to importations; disposal of
refuse; exceptions
(a) The Secretary of the Treasury shall deliver to the Secretary of
Agriculture, subject to joint rules and regulations prescribed under
section 1592 of this title, samples of seed and screenings which are
being imported into the United States, or offered for import, giving
notice thereof to the owner or consignee, and if it appears from the
examination of such samples that any seed or screenings offered to be
imported into the United States are subject to the provisions of this
subchapter and do not comply with the provisions of this subchapter, or
if the labeling of such seed is false or misleading in any respect, such
seed or screenings shall be refused admission, and the Secretary of the
Treasury shall refuse delivery to the owner or consignee, who may
appear, however, before the Secretary of Agriculture and show cause why
the seed or screenings should be admitted. Seed or screenings refused
admission and not exported by the owner or consignee within twelve
months from the date of notice of such refusal shall be destroyed in
accordance with joint rules and regulations prescribed under section
1592 of this title: Provided, That the Secretary of the Treasury may
authorize the delivery of seed or screenings which are being imported or
offered for import to the owner or consignee thereof, pending decision
as to the admission of such seed or screenings and for cleaning,
labeling, or other reconditioning if required to bring such seed or
screenings into compliance with the provisions of this chapter, upon the
execution by such owner or consignee of a good and sufficient bond
conditioned upon redelivery of the seed or screenings upon demand unless
redelivery is waived because the seed is reconditioned to bring it into
compliance with this chapter or is destroyed under Government
supervision under this chapter, and providing for the payment of such
liquidated damages in the event of default as may be required pursuant
to regulations of the Secretary of the Treasury: And provided further,
That all expenses incurred by the United States (including travel, per
diem or subsistence, and salaries of officers or employees of the United
States) in connection with the supervision of cleaning, labeling, other
reconditioning, or destruction, of seed or screenings under this
subchapter shall be reimbursed to the United States by the owner or
consignee of the seed or screenings, and such reimbursements shall be
recredited to the appropriation from which the expenses were paid, the
amount of such expenses to be determined in accordance with joint
regulations under section 1592 of this title, and all expenses in
connection with the storage, cartage, and labor on the seed or
screenings which are refused admission or delivery, shall be paid by the
owner or consignee, and in default of such payment shall constitute a
lien against future importations made by such owner or consignee.
(b) The refuse from any seeds or screenings which are allowed to be
cleaned under bond shall be destroyed in accordance with joint rules and
regulations prescribed under section 1592 of this title.
(c) The provisions of this subchapter shall not apply--
(1) when seed is shipped in bond through the United States, or
(2) when the Secretary of Agriculture finds that a substantial
proportion of the importations of any kind of seed is used for other
than seeding purposes, and he provides by rules and regulations that
seed of such kind not imported for seeding purposes shall be
exempted from the provisions of the chapter: Provided, That
importations of such kinds of seed shall be accompanied by a
declaration setting forth the use for which imported when and as
required under joint rules and regulations prescribed under section
1592 of this title.
(d) The provisions of this subchapter prohibiting the importation of
seed shall not apply--
(1) when seed grown in the United States is returned from a
foreign country without having been admitted into the commerce of
any foreign country: Provided, That there is satisfactory proof as
provided for in the joint rules and regulations prescribed under
section 1592 of this title, that the seed was grown in the United
States and was not admitted into the commerce of a foreign country
and was not commingled with other seed, or
(2) when seed is imported for sowing for experimental or
breeding purposes and not for sale: Provided, That declarations are
filed, and importations are limited in quantity, as provided for in
the rules and regulations prescribed under section 1592 of this
title, to assure that the importations are for experimental or
breeding purposes.
(Aug. 9, 1939, ch. 615, title III, Sec. 302, 53 Stat. 1283; Pub. L. 85-
581, Secs. 13, 14, Aug. 1, 1958, 72 Stat. 478, 479; Pub. L. 89-686,
Secs. 15-17, Oct. 15, 1966, 80 Stat. 979; Pub. L. 97-439, Sec. 5(b)(2),
(3), Jan. 8, 1983, 96 Stat. 2288; Pub. L. 100-449, title III,
Sec. 301(e), Sept. 28, 1988, 102 Stat. 1868; Pub. L. 103-182, title III,
Sec. 361(a), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103-465, title IV,
Sec. 441(2), Dec. 8, 1994, 108 Stat. 4973.)
Amendments
1994--Subsec. (a). Pub. L. 103-465, Sec. 441(2)(A), struck out
``staining,'' before ``cleaning, labeling,'' in two places.
Subsec. (e). Pub. L. 103-465, Sec. 441(2)(B), struck out subsec. (e)
which read as follows: ``The provisions of this subchapter requiring
certain seeds to be stained shall not apply--
``(1) to alfalfa or clover seed originating in Canada or Mexico,
or
``(2) when seeds otherwise required to be stained will not be
sold within the United States and will be used for seed production
only by or for the importer or consignee and the importer of record
or consignee files a statement in accordance with the rules and
regulations prescribed under section 1592 of this title certifying
that such seeds will be used only for seed production by or for the
importer or consignee.''
1993--Subsec. (e)(1). Pub. L. 103-182 inserted ``or Mexico'' after
``Canada''.
1988--Pub. L. 100-449 amended subsec. (e) generally. Prior to
amendment, subsec. (e) read as follows: ``The provisions of this
subchapter requiring certain seeds to be stained shall not apply when
such seed will not be sold within the United States and will be used for
seed production only by or for the importer or consignee: Provided, That
the importer of record or consignee files a statement in accordance with
the rules and regulations prescribed under section 1592 of this title
certifying that such seed will be used only for seed production by or
for the importer or consignee.''
1983--Subsec. (a). Pub. L. 97-439, Sec. 5(b)(2), struck out
provision that Secretary may apply statistical sampling and inspection
techniques to samples and screenings to determine whether pure-live seed
requirement of any kind of seed was being met, in event of which he was
to advise importer of each lot of seed not examined for pure-live seed
percentage.
Subsec. (d). Pub. L. 97-439, Sec. 5(b)(3)(A), struck out ``that is
adulterated or unfit for seeding purposes'' after ``importation of
seed'' in provisions preceding par. (1).
Subsec. (d)(3). Pub. L. 97-439, Sec. 5(b)(3)(B), struck out cl. (3)
which described the situation when seed not meeting the pure-live seed
requirements of section 1584 of this title would not be sold within the
United States and would be used for seed production only by or for the
importer or consignee, providing that the importer of record or
consignee filed a statement in accordance with the rules and regulations
prescribed under section 1592 of this title certifying that such seed
would be used only for seed production by or for the importer or
consignee.
1966--Subsec. (a). Pub. L. 89-686, Sec. 15, authorized Secretary of
Agriculture to apply statistical sampling and inspection techniques to
samples and screenings to determine whether the pure-live seed
requirement of any kind of seed is being met and to advise importer of
each lot of seed not examined for pure-live seed percentage.
Subsec. (d)(3). Pub. L. 89-686, Sec. 16, added par. (3).
Subsec. (e). Pub. L. 89-686, Sec. 17, added subsec. (e).
1958--Subsec. (a). Pub. L. 85-851, Sec. 13, inserted ``owner or''
before ``consignee'' wherever appearing, except in the two provisos,
changed first proviso to bring its wording in line with practices
generally followed with other commodities illegally placed into
consumption, and provided in second proviso for reimbursement of all
costs to the Federal Government incident to supervision required under
this chapter.
Subsec. (d). Pub. L. 85-581, Sec. 14, added subsec. (d).
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective on the date of entry into
force of the WTO Agreement with respect to the United States (Jan. 1,
1995), except as otherwise provided, see section 451 of Pub. L. 103-465,
set out as an Effective Date note under section 3601 of Title 19,
Customs Duties.
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100-449 effective on the date the United
States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and
to cease to have effect on the date the Agreement ceases to be in force,
see section 501(a), (c), of Pub. L. 100-449, set out in a note under
section 2112 of Title 19, Customs Duties.
Effective Date
See section 1610 of this title.
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating
to agricultural import and entry inspection activities under this
subchapter to the Secretary of Homeland Security, and for treatment of
related references, see sections 231, 551(d), 552(d), and 557 of Title
6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
