US Code

Public Law 119-87 (04/30/2026)

7 U.S.C. § 1582

Procedure relating to importations; disposal of refuse; exceptions

(a)
section 1592 of this titlesection 1592 of this titleProvidedAnd provided furthersection 1592 of this title The Secretary of the Treasury shall deliver to the Secretary of Agriculture, subject to joint rules and regulations prescribed under , 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 : , 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: , 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 , 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)
section 1592 of this title 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 .
(c)
The provisions of this subchapter shall not apply—
(1)
when seed is shipped in bond through the United States, or
(2)
Providedsection 1592 of this title 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: , 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 .
(d)
The provisions of this subchapter prohibiting the importation of seed shall not apply—
(1)
Providedsection 1592 of this title when seed grown in the United States is returned from a foreign country without having been admitted into the commerce of any foreign country: , That there is satisfactory proof as provided for in the joint rules and regulations prescribed under , 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)
Providedsection 1592 of this title when seed is imported for sowing for experimental or breeding purposes and not for sale: , That declarations are filed, and importations are limited in quantity, as provided for in the rules and regulations prescribed under , to assure that the importations are for experimental or breeding purposes.

Aug. 9, 1939, ch. 615 53 Stat. 1283 Pub. L. 85–58172 Stat. 478 Pub. L. 89–68680 Stat. 979 Pub. L. 97–439, § 5(b)(2)96 Stat. 2288 Pub. L. 100–449, title III, § 301(e)102 Stat. 1868 Pub. L. 103–182, title III, § 361(a)107 Stat. 2122 Pub. L. 103–465, title IV, § 441(2)108 Stat. 4973 (, title III, § 302, ; , §§ 13, 14, , , 479; , §§ 15–17, , ; , (3), , ; , , ; , , ; , , .)

Amendment of Section

section 501(c) of Pub. L. 100–449For termination of amendment by , see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

Amendments

Pub. L. 103–465, § 441(2)(A)1994—Subsec. (a). , struck out “staining,” before “cleaning, labeling,” in two places.

Pub. L. 103–465, § 441(2)(B)Subsec. (e). , 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

section 1592 of this title“(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 certifying that such seeds will be used only for seed production by or for the importer or consignee.”

Pub. L. 103–1821993—Subsec. (e)(1). inserted “or Mexico” after “Canada”.

Pub. L. 100–449Providedsection 1592 of this title1988— temporarily 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: , That the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under certifying that such seed will be used only for seed production by or for the importer or consignee.” See Effective and Termination Dates of 1988 Amendment note below.

Pub. L. 97–439, § 5(b)(2)1983—Subsec. (a). , 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.

Pub. L. 97–439, § 5(b)(3)(A)Subsec. (d). , struck out “that is adulterated or unfit for seeding purposes” after “importation of seed” in provisions preceding par. (1).

Pub. L. 97–439, § 5(b)(3)(B)section 1584 of this titlesection 1592 of this titleSubsec. (d)(3). , struck out cl. (3) which described the situation when seed not meeting the pure-live seed requirements of 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 certifying that such seed would be used only for seed production by or for the importer or consignee.

Pub. L. 89–686, § 151966—Subsec. (a). , 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.

Pub. L. 89–686, § 16Subsec. (d)(3). , added par. (3).

Pub. L. 89–686, § 17Subsec. (e). , added subsec. (e).

Pub. L. 85–851, § 131958—Subsec. (a). , 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.

Pub. L. 85–581, § 14Subsec. (d). , added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–465section 451 of Pub. L. 103–465section 3601 of Title 19Amendment by effective on the date of entry into force of the WTO Agreement with respect to the United States (), except as otherwise provided, see , set out as an Effective Date note under , Customs Duties.

Effective and Termination Dates of 1988 Amendment

Pub. L. 100–449Pub. L. 100–449section 2112 of Title 19Amendment by effective on the date the United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c), of , set out in a note under , Customs Duties.

Effective Date

section 1610 of this titleSee .

Transfer of Functions

section 542 of Title 6For 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 , as modified, set out as a note under .