85th Congress, H. R. 12161 AN ACT 72 Stat. 438. To provide for the establishment of townsites, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That areas of not to Agriculture. exceed six hundred and forty acres for any one application may be Townsites. set aside and designated by the Secretary of Agriculture as a townsite from any national forest land or land administered by the Secretary of Agriculture under title III of the Bankhead-Jones Farm Tenant 1013. Act, upon application and, after public notice, satisfactory showing 50 Stat. 525. of need therefor by any county, city, or other local governmental sub- 7 USC 1010division. Areas so designated may be divided into townlots and offered for sale by the Secretary of Agriculture at public sale to the highest bidder for not less than the appraised value thereof: Provided, That any of such lots as may be offered for sale at a public sale and for which there is no satisfactory bid may be disposed of by the Secretary of Agriculture at private sale for not less than the appraised value thereof: Provided further, That any person now occupying any of such lands on which improvements have been constructed by him or his predecessor pursuant to a permit or other authorization from the Federal Government shall be given the opportunity of purchasing such lands at the appraised value: And provided further, That no more than three such townlots may be sold at either public or private sale to any person or private corporation, firm, or agency. Approved July 31, 1958. 85th Congress, S. 3076 AN ACT 72 Stat. 454. To amend section 12 of the Act of May 29, 1884, relating to research on foot-and-mouth disease and other animal diseases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 12 of the Act of May 29, 1884, as amended (62 Stat. 198, as amended; 21 U. S. C. 113a), is hereby further amended by inserting after the word "tunnel" in the proviso in the first sentence of the section the following clause: ", and except that the Secretary of Agriculture may transport said virus in the original package across the mainland under adequate safeguards". Approved July 31, 1958. Animal disease research. Public Law 85-574 85th Congress, S. 3478 AN ACT 72 Stat. 454. To insure the maintenance of an adequate supply of anti-hog-cholera serum and hog-cholera virus. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 58 (b) of the Act of August 24, 1935 (7 Č. S. C. 853 (b)), is amended to read as follows: (b) Terms and conditions requiring each manufacturer to have in inventory in his own possession on April 1 of each year a reserve supply of completed serum equivalent to not less than 40 per centum of his previous year's sales of all serum, except that any marketing agreement may provide that upon written application by a manufacturer filed before September 1 of the preceding year, the Secretary may fix another date between January 1 and May 1 on which such manufacturer shall have such inventory if the Secretary finds that such action will tend to effectuate the purposes of this Act. The Secretary may impose such terms and conditions upon granting any such application as he finds necessary to effectuate the purposes of this Act. Serum used in computing the required reserve supply of any manufacturer shall not again be used in computing the required reserve supply of any other manufactarer." Approved July 31, 1958. Anti-cholera serum. 49 Stat. 781. 85th Congress, S. 1939 August 1, 1958 AN ACT 72 Stat. 476. To amend the Federal Seed Act of August 9, 1939 (53 Stat. 1275), as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 (a) (7) (A) of the Federal Seed Act of August 9, 1939 (53 Stat. 1275), as amended (7 U. S. C. 1561 (a) (7) (A)) is amended by deleting from the list of agricultural seeds the phrase "Beta vulgaris L.-Field beet, excluding sugar beet." and substituting therefor the phrase "Beta vulgaris L.-Field beet." SEC. 2. Section 101 (a) of said Act (7 U. S. C. 1561 (a)) is further amended by adding at the end thereof a new paragraph (24) to read as follows: "(24) The term 'treated means given an application of a substance or subjected to a process designed to reduce, control, or repel disease organisms, insects or other pests which attack seeds or seedlings growing therefrom.“ SEC. 3. Section 101 (a) of said Act (7 U. S. C. 1561 (a)) is further amended by adding at the end thereof, after new paragraph (24), a new paragraph (25) to read as follows: (25) The term seed certifying agency' means (A) an agency authorized under the laws of a State, Territory, or possession, to officially certify seed, or (B) an agency of a foreign country determined by the Secretary of Agriculture to adhere to procedure and standards for seed certification comparable to those adhered to generally by seed certifying agencies under (A)." Federal Seed Act, amendments. 53 Stat. 1275. seed label. SEC. 4. Title I of said Act (7 U. S. C. 1561) is amended by adding at the end thereof a new section 102 to read as follows: "SEC. 102. Any labeling, advertisement, or other representation Certified subject to this Act which represents that any seed is certified or registered seed shall be deemed to be false in this respect unless (a) it has been determined by a seed certifying agency that such seed was produced, processed, and packaged, and conformed to standards of purity as to kind or variety, in compliance with the rules and regulations of such agency pertaining to such seed; and (b) the seed bears an official label issued for such seed by a seed certifying agency stating that the seed is certified or registered.” SEC. 5. Section 201 (a) (8) of said Act (7 U. S. C. 1571 (a) (8)) is amended to read as follows: (8) For each agricultural seed, in excess of 5 per centum of the whole, stated in accordance with paragraph (a) (1) of this section, and each kind or variety or type of agricultural seed shown in the labeling to be present in a proportion of 5 per centum or less of the whole, (A) percentage of germination, exclusive of hard seed, (B) percentage of hard seed, if present, and (C) the calendar month and year the test was completed to determine such percentages;" SEC. 6. Section 201 ̊(b) (1) of said Act (7 U. S. C. 1571 (b) (1)) is amended to read as follows: "(1) Name of each kind and variety of seed and if two or more kinds or varieties are present, the percentage of each;" SEC. 7. That part of section 201 (b) (2) of said Act (7 U. S. C. 1571 (b) (2)) which precedes clause (i) is amended to read as follows: "(2) For each variety of vegetable seed which germinates less than the standard last established by the Secretary of Agriculture, as provided under section 403 (c) of this Act-” SEC. 8. Section 201 of said Act (7 U. S. C. 1571) is further amended by adding at the end thereof a new subsection (i) to read as follows: 53 Stat. 1279. Interstate commerce. Prohibitions. Treated seed. 7 USC 1572. Records. 53 Stat. 1281. Exemptions. 72 Stat. 477. "(i) Any agricultural seeds or any mixture thereof or any vegetable seeds or any mixture thereof, for seeding purposes, that have been treated, unless each container thereof bears a label giving the following information and statements in accordance with rules and regulations prescribed under section 402 of this Act: "(1) A word or statement indicating that the seeds have been treated; "(2) The commonly accepted coined, chemical (generic), or abbreviated chemical name of any substance used in such treatment; "(3) If the substance used in such treatment in the amount remaining with the seeds is harmful to humans or other vertebrate animals, an appropriate caution statement approved by the Secretary of Agriculture as adequate for the protection of the public, such as 'Do not use for food or feed or oil purposes: Provided, That the caution statement for mecurials and similarly toxic substances, as defined in said rules and regulations, shall be a representation of a skull and crossbones and a statement such as "This seed has been treated with POISON', in red letters on a background of distinctly contrasting color; and "(4) A description of any process used in such treatment, approved by the Secretary of Agriculture as adequate for the protection of the public." SEC. 9. Section 202 of said Act (7 U. S. C. 1572) is amended to read as follows: "SEC. 202. All persons transporting, or delivering for transportation, in interstate commerce, agricultural seeds shall keep for a period of three years a complete record of origin, germination, and purity of each lot of such agricultural seeds, and all persons transporting, or delivering for transportation, in interstate commerce, vegetable seeds shall keep for a period of three years a complete record of germination and variety of such vegetable seeds. The Secretary of Agriculture, or his duly authorized agents, shall have the right to inspect such records for the purpose of the effective administration of this Act." SEC. 10. (a) That part of section 203 (b) of said Act (7 U. S. C. 1573 (b)) which precedes clause (1) is amended to read as follows: "(b) The provisions of section 201 (a), (b), or (i) shall not apply" (b) Clause (2) of such section 203 (b) is amended to read as follows: "(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 sections 201 (a), (b), and (i); 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 sections 201 (a), (b), and (i) 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 sections 201 (a), (b), and (i); or 72 Stat. 478. "(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 402 of this Act." etc. SEC. 11. Section 204 of said Act (7 U. S. C. 1574) is amended to read: 53 Stat. 1282. "SEC. 204. The use of a disclaimer, limited warranty, or nonwarranty Disclaimers, clause in any invoice, advertising, labeling, or written, printed, or nonwarranties, graphic matter, pertaining to any seed shall not constitute a defense, or be used as a defense in any way, in any prosecution or other proceeding brought under the provisions of this Act, or the rules and regulations made and promulgated thereunder. Nothing in this section is intended to preclude the use of a disclaimer, limited warranty, or nonwarranty clause as a defense in any proceeding not brought under this Act." SEC. 12. Section 301 (a) of said Act (7 U. S. C. 1581 (a)) is amended 53 Stat. 1282. by adding at the end thereof a new paragraph (4) to read as follows: Importation. "(4) any seed containing 10 per centum or more of any vege- Prohibition. table seeds unless the invoice pertaining to such seed and any other labeling of such seed bear the name of each kind and variety of vegetable seed present." SEC. 13. Section 302 (a) of said Act (7 U. S. C. 1582 (a)) is 53 Stat. 1283. amended by inserting the words "owner or" before the word "con- Procedure. signee" wherever the latter appears except in the two provisos therein; and by deleting said provisos and substituting therefor, respectively, the following: "Provided, That the Secretary of the Treasury may Bond. 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 staining, cleaning, labeling, or other reconditioning if required to bring such seed or screenings into compliance with the provisions of this Act, 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 Act or is destroyed under Government supervision under this Act, 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 Expenses. States (including travel, per diem or subsistence, and salaries of officers or employees of the United States) in connection with the supervision of staining, cleaning, labeling, other reconditioning, or destruction, of seed or screenings under this title 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 402 of this Act, 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." |