« PreviousContinue »
tion to their geographical distribution, to advise the Corporation with respect to carrying out the purposes of this title. The compensation of the members of such committee shall be determined by the Board but shall not exceed $10 per day each while actually employed and actual necessary traveling and subsistence expenses, or a per diem allowance in lieu thereof. (Feb. 16, 1938, Title V, sec. 515, 52 Stat. 77; 7 U. S. C., sec. 1515.)
630–222. Appropriations and regulations.—(a) There are hereby authorized to be appropriated such sums, not in excess of $6,000,000 for each fiscal year beginning after June 30, 1938, as may be necessary to cover the operating and administrative costs of the Corporation, which shall be allotted to the Corporation in such amounts and at such time or times as the Secretary of Agriculture may determine: Provided, That expenses in connection with the purchase, transportation, handling, or sale of wheat may be considered by the Corporation as being nonadministrative or nonoperating expenses. For the fiscal year ending June 30, 1939, the appropriation authorized under this subsection is authorized to be made only out of the unexpended balances for the fiscal year ending June 30, 1938, of the sums appropriated pursuant to section 15 of the Soil Conservation and Domestic Allotment Act, as amended.
(b) The Secretary and the Corporation, respectively, are authorized to issue such regulations as may be necessary to carry out the provisions of this title. (Feb. 16, 1938, Title V, sec. 516, 52 Štat. 77; 1 U. S. C., sec. 1516.)
630-223. Separability clause.—The sections of this title and subdivisions of sections are hereby declared to be separable, and in the event anyone or more sections or parts of the same of this title be held to be unconstitutional, the same shall not affect the validity of other sections or parts of sections of this title. (Feb. 16, 1938, Title V, sec. 517, 52 Stat. 77; 7 U. S. C., sec. 1517.)
630_224. Amendment or repeal.—The right to alter, amend, or repeal this title is hereby reserved." (Feb. 16, 1938, Title V, sec. 518, 52 Stat. 77; 7 U. S. C., sec. 1518.)
630-225. Short title.—That this Act may be cited as the “Federal Seed Act”. (Aug. 9, 1939, sec. 1, 53 Stat. 1275; 7 U. S. C., sec. 1551.) 630-226. Definition of terms.—(a) When used in this Act,
(1) The term "United States" means the several States, Alaska, District of Columbia, Hawaii, 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 Act with respect to labeling for 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 Act.
(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) The term "circuit court of appeals”, in case the principal place of business or the place of residence of a person against whoin a cease and desist order is issued is in the District of Columbia, includes the Court of Appeals of the District of Columbia. (7) The term
(A) "Agricultural seeds” shall include grass, forage, and field
Medicago arabica (L.) All.—Bur-clover.
golden millet. Soja max (L.) Piper.-Soybean. Sorghum vulgare Pers.--Sorghum. Sorghum vulgare sudanese (Piper) Hitchc.-Sudan grass. Stizolobium utile (Wall.) Piper and Tracy.-Velvetbean. Trifolium dubium Sibth.–Suckling clover. Trifolium hybridum L.-Alsike clover. Trifolum incarnatum L.-Crimson clover, Trifolum pratense L.-Red clover. Trifolium repens L.-White clover. Triticum spp.-Wheat; spelt; emmer. Vicia angustifolia (L.) Reich.-Narrowleaf vetch. Vicia atropurpurea Desf.-Purple vetch. Vicia dasycarpa Ten.-Woollypod vetch. Vicia monantha Desf.-Monantha vetch. Vicia pannonica Crantz.-Hungarian vetch. Vicia sativa L.-Common vetch. Vicia villosa Roth.-Hairy vetch. Vigna sinensis (Torner) Savi.—Cowpea. Zea mays L.-Field corn: Provided, That the Secretary of Agriculture is authorized by rules and regulations to add to or take from such list of agricultural seed, when he finds that any seeds are or are not used for seeding purposes in the United States.
(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. 240136_41-16
(8) (A) For the purpose of title II, the term “weed seeds” means the seeds or bulblets of plants recognized as weeds either by the law or rules and regulations of
(i) The State into which the seed is offered for transportation, or transported; or
(ii) Alaska, Hawaii, Puerto Rico, or District of Columbia into which transported, or District of Columbia in which sold. (B) For the purpose of title III, the term “weed seeds” means seeds or bulblets of plants which are found by the Secretary of Agriculture to be detrimental to the agricultural interests of the United States, or any part thereof.
(9) (A) For the purpose of title 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 Alaska, Hawaii, Puerto Rico, 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 Act, 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 title 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, Alaska, District of Columbia, Hawaii, 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, wheat, oat, vetch, sweetclover, 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 402 of this Act.
(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 403 of this Act.
(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 403 of this Act.
(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 403 of this Act.
(17) The term “pure live seed” for the purpose of title III means that portion of any lot of seed subject to this Act that consists of live agricultural or vegetable seed determined by methods prescribed under section 403 of this Act.
(18) The term "label" means the display or displays of written, printed, or graphic matter upon or attached to the container of seed.
(19) 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.
(20) 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 Act.
(21) Subject to such tolerances as the Secretary of Agriculture is authorized to prescribe under the provisions of this Act,
(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. (22) 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.
(23) 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. (Aug. 9, 1939, Title I, sec. 101, 53 Stat. 1275; 7 U. S. C., sec. 1561.)
630–227. Prohibitions relating to interstate commerce in certain seeds.It shall be unlawful for any person to transport or deliver for transportation in interstate commerce
(a) Any agricultural seeds or any mixture of agricultural seeds for seeding purposes, unless each container bears a label giving the following information in accordance with rules and regulations prescribed under section 402 of this Act: