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this chapter be held to be unconstitutional, the same shall not affect the validity of other sections or parts of sections of this chaper. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 517, 52 Stat. 77.)
§ 1518. Agricultural commodity defined.—“Agricultural commodity", as used in this chapter, means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugarcane, timber and forests, potatoes and other vegetables, citrus and other fruits, tame hay, or any other agricultural commodity determined by the Board pursuant to subsection (a) (2) of section 1508 of this title, or any one or more of such commodities, as the context may indicate. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 518, as added June 21, 1941, ch. 214, § 9, 55 Stat. 256, and amended Dec. 23, 1944, ch. 713, § 4, 58 Stat. 919.)
AMENDMENTS 1944–Act Dec. 23, 1944, cited to text, amended section by increasing scope of definition of "agricultural commodity" from "wheat or cotton" to include all crops now set out.
FORMER SECTION 1518 RENUMBERED Former section 1518 was renumbered by act June 21, 1941, cited to text and now constitutes section 1519 of this title.
8 1519. Amendment or repeal. The right to alter amend, or repeal this chapter is hereby reserved. (Feb. 16, 1938, 3 p. m., ch. 30, title V, § 518, 52 Stat. 77; renumbered § 519, June 21, 1941, ch. 214, § 9, 55 Stat. 256.)
§ 1551. Short title. This chapter may be cited as the "Federal Seed Act." (Aug. 9, 1939, ch. 615, § 1, 53 Stat. 1275.)
SUBCHAPTER 1.-DEFINITIONS § 1561. Definition of terms.-(a) When used in this chapter
(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 chapter 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 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) The term "circuit court of appeals,” in case the principal place of business or the place of residence of a person against whom 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 crop seeds, as follows:
Agropyron cristatum (L.) Beauv.-Crested wheatgrass.
Agropyron pauciflorum (Schwein.) Hitchc.- Slender wheatgrass.
Agropyron smithii Rydb.-Bluestem.
Echinochloa crusgalli frumentacea (Roxb.) Wight.–Japanese millet.
Fagopyrum vulgare Hill.—Common buckwheat.
Lespedeza striata (Thumb.) Hook and Arn.—Common and Kobe lespedeza.
Linum usitatissimum L.-Flax.
Medicago lupulina L.-Black medick.
Poa annua L.-Annual bluegrass.
Setaria italica (L.) Beauv.–Foxtail, German, Hungarian, or golden millet.
Soja max (L.) Piper-Soybean.
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
' So in original. Probably should read "Trifolium."
may be generally known and sold under the name of vegetable seeds.
(8) (A) 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
(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 subchapter III of this chapter, the term "weed seed” 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 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 for ,
(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 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 spure; 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, plaint, fruit, seed, or other charcters 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 varities 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 “pure live seed” for the purpose of subchapter III of this chapter means that portion of any lot of seed subject to this chapter that consists of live agricultural or vegetable seed determined by methods prescribed under section 1593 of this title.
(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 chapter.
(21) 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.
(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, ch. 615, title I, § 101, 53 Stat. 1275.)
EFFECTIVE DATE See section 1610 of this title.