United States Code

not only for wheat and cotton crops but also for flax, corn, oats, etc.

Subsec. (b). Act Dec. 23, 1944, § 2, provided for the establishment of such rates as would cover crop losses and build up a reasonable reserve, and added proviso.

Subsec. (c). Act Dec. 23, 1944, § 3, inserted first proviso, and inserted "and received" following "mailed to" in last proviso.

1941-Subsec. (a). Act June 21, 1941, §§ 3-5, struck out comma following "1939" and inserted "and with the cotton crop planted for harvest in 1942", and substituted "producers of the agricultural * * the agricultural commodity" for "producers of wheat against loss in yields of wheat" in the first sentence, and "the agricultural commodity" for "wheat" in the third sentence, respectively.

Subsecs. (b), (c). Act June 21, 1941, § 6, substituted "the agricultural commodity" for "wheat" wherever appearing.

Subsec. (d). Act June 21, 1941, §§ 6, 10, substituted "the agricultural commodity" for "wheat" wherever appearing, and inserting the second sentence, respectively.

Subsec. (e). Act June 21, 1941, § 7, added subsec. (e). 1938-Subsec. (a). Act June 22, 1938, added second proviso in first sentence.

TRANSFER OF FUNCTIONS

Administration of the program of the Federal Crop Insurance Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16. 1946, 11 F. R. 7877, 60 Stat. 1100. See note under section 1503 of this title.

Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this title. VALIDITY AND TERMINATION OF PRIOR INSURANCE CONTRACTS

Section 5 of act Aug. 1, 1947, provided: "Nothing in this Act [amendments to sections 1502, 1505 (a-d), 1506 (d), 1507 (d), and 1508 (a-c) of this title] shall be construed to affect the validity of any insurance contract entered into prior to the enactment of this Act [Aug. 1, 1947] insofar as such contract covers the 1947 crop year. Any such contract which purports to cover a crop in the 1948 or any subsequent crop year in any county in which insurance on such crop will be discontinued pursuant to this Act [amendments to such sections] is hereby terminated at the end of the 1947 crop year."

CROSS REFERENCES

Amount in controversy immaterial in action arising under Act regulating commerce, see section 1337 of Title 28, Judiciary and Judicial Procedure.

Amount in controversy required in order involving federal question, see section 1331 of Title 28.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1506, 1518 of this title.

§ 1509. Exemption of indemnities from levy.

Claims for indemnities under this chapter shall not be liable to attachment, levy, garnishment, or any other legal process before payment to the insured or to deduction on account of the indebtedness of the insured or his estate ot the United States except claims of the United States or the Corporation arising under this chapter. (Feb. 16, 1938, ch. 30, title V, § 509, 52 Stat. 75.)

TRANSFER OF FUNCTIONS

Administration of the program of the Federal Crop Insurance Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 1100. See note under section 1503 of this title.

Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this

title.

FEDERAL RULES OF CIVIL PROCEDURE Attachment and garnishment, see rules 64 and 70, Title 28, Appendix, Judiciary and Judicial Procedure.

§ 1510. Deposit and investment of funds; Federal Reserve banks as fiscal agents.

All money of the Corporation not otherwise employed may be deposited with the Treasurer of the United States or in any bank approved by the Secretary of the Treasury, subject to withdrawal by the Corporation at any time, or with the approval of the Secretary of the Treasury may be invested in obligations of the United States or in obligations guaranteed as to principal and interest by the United States. Subject to the approval of the Secretary of the Treasury, the Federal Reserve banks are hereby authorized and directed to act as depositories, custodians, and fiscal agents for the Corporation in the performance of its powers conferred by this chapter. (Feb. 16, 1938, ch. 30, title V, § 510, 52 Stat. 75.) TRANSFER OF FUNCTIONS

Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this title.

§ 1511. Tax exemption.

The Corporation, including its franchise, its capital, reserves, and surplus, and its income and property, shall be exempt from all taxation on or after February 16, 1938, imposed by the United States or by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. (Feb. 16, 1938, ch. 30, title V, § 511, 52 Stat. 75.)

TRANSFER OF FUNCTIONS

Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this title.

§ 1512. Corporation as fiscal agent of Government.

When designated for that purpose by the Secretary of the Treasury, the Corporation shall be a depository of public money, except receipts from customs, under such regulations as may be prescribed by said Secretary; and it may also be employed as a financial agent of the Government; and it shall perform all such reasonable duties, as a depository of public money and financial agent of the Government, as may be required of it. (Feb. 16, 1938, ch. 30, title V, § 512,

52 Stat. 75.)

TRANSFER OF FUNCTIONS Administration of the program of the Federal Crop Insurance Corporation was transferred to Secretary of Agriculture by 1946 Peorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 1100. See note under section 1503 of this title.

Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this

title.

§ 1513. Accounting by Corporation.

The Corporation shall at all times maintain complete and accurate books of account and shall file annually with the Secretary of Agriculture a com

plete report as to the business of the Corporation. The financial transactions of the Corporation shall be audited at least once each year by the General Accounting Office for the sole purpose of making a report to Congress, together with such recommendations as the Comptroller General of the United States may deem advisable: Provided, That such report shall not be made until the Corporation shall have had reasonable opportunity to examine the exceptions and criticisms of the Comptroller General or the General Accounting Office, to point out errors therein, explain or answer the same, and to file a statement which shall be submitted by the Comptroller General with his report. (Feb. 16, 1938, ch. 30, title V, § 513, 52 Stat. 76.)

TRANSFER OF FUNCTIONS

Wartime consolidation of Federal Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this title.

AUDIT OF GOVERNMENT CORPORATIONS

Section 301 (c) of act Dec. 6, 1945, ch. 557, title III, 59 Stat. 601, which is classified to section 866 (c) of Title 31, Money and Finance, provides that the audit provided in sections 850 and 857 of Title 31, shall be in lieu of any audit of the financial transactions of any Government Corporation required to be made by the General Accounting Office for the purpose of a report to the Congress or to the President under any existing law.

§ 1514. Crimes and offenses.

(a)-(e). Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

(f) Application of laws on interest of members of Congress in contracts.

The provisions of section 22 of Title 41 shall not apply to any crop insurance agreements made under this chapter. (Feb. 16, 1938, ch. 30, title V, § 514, 52 Stat. 76; June 25, 1948, ch. 645, §§ 4, 21, 62 Stat. 859, 862.)

AMENDMENTS

1948-Subsecs. (a)-(e). Act June 25, 1948, § 21, repealed provisions relating to crimes and offenses which are now covered by sections 371, 433, 657, 658, 1006, 1014, and former section 1093 of Title 18, Crimes and Criminal Procedure.

Subsec. (f). Act June 25, 1948, § 4, omitted provisions relating to former sections 202-207 of Title 18, which are now covered by sections 202, 216, 431-433 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that the amendment of this section shall be effective Sept. 1, 1948.

TRANSFER OF FUNCTIONS

Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this title.

§ 1515. Advisory committee; appointment and compensation.

The Secretary of Agriculture is authorized to appoint from time to time, an advisory committee, con

sisting of not more than five members experienced in agricultural pursuits and appointed with due consideration to their geographical distribution, to advise the Corporation with respect to carrying out the purposes of this chapter. 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, ch. 30, title V, § 515, 52

Stat. 77.)

TRANSFER OF FUNCTIONS Administration of the program of the Federal Crop Insurance Corporation was transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 1100. See note under section 1503 of this title.

Wartime consolidation of Federal Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this title. CROSS REFERENCES

Subsistence expenses and per diem allowances, see section 5701 et seq. of Title 5, Government Organization and Employees.

§ 1516. Appropriations and regulations.

(a) There are hereby authorized to be appropriated such sums, not in excess of $12,000,000 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 the agricultural commodity and the direct cost of loss adjusters for crop inspections and loss adjustments may be considered by the Corporation as being nonadministrative or nonoperating expenses. The Corporation is authorized to use premium income for administrative and operating costs within limits prescribed in applicable appropriations.

(b) The Secretary and the Corporation, respectively are authorized to issue such regulations as may be necessary to carry out the provisions of this chapter. (Feb. 16, 1938, ch. 30, title V, § 516, 52 Stat. 77; June 21, 1941, ch. 214, §§ 6, 8, 55 Stat. 255, 256; Aug. 3, 1956, ch. 950, § 10, 70 Stat. 1034.)

AMENDMENTS

1956-Subsec. (a). Act Aug. 3, 1956, added to the list of costs which may be considered as nonadministrative or nonoperating, the direct cost of loss adjusters for crop inspections and loss adjustment, and authorized the use of premium income for administrative and operating costs within limits prescribed by the applicable appropriation. 1941-Subsec. (a). Act June 21, 1941, substituted "the agricultural commodity" for "wheat", and "$12,000,000" for "$6,000,000".

Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note under section 1503 of this title.

ADDITIONAL APPROPRIATION

Act Dec. 23, 1944, ch. 713, § 6, 58 Stat. 920, provided an additional appropriation not to exceed $3,000,000 to be

Sec.

1585.

1586.

available for the fiscal year 1945 to carry out the provisions of this chapter for the fiscal years 1943 and 1944. § 1517. Separability of provisions.

The sections of this chapter and subdivisions of sections are declared to be separable, and in the event any one or more sections or parts of the same of this chapter be held to be unconstitutional, the same shall not affect the validity of other sections or parts of sections of this chapter. (Feb. 16, 1938, 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) of section 1508 of this title, or any one or more of such commodities, as the context may indicate. (Feb. 16, 1938, 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; Aug. 25, 1949, ch. 512, § 9, 63 Stat. 665.)

1591. 1592.

1593.

1594.

1595.

1596.

Certain seeds required to be stained.

Certain acts prohibited.

SUBCHAPTER IV.-GENERAL PROVISIONS

Delegation of duties.

Rules and regulations.

Standards, tests, tolerances.

Prohibition against alterations.

Seizure.

Penalties.

SUBCHAPTER V.-SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY

1611. Illegal sales of uncertified seed.

§ 1551. Short title.

This chapter may be cited as the "Federal Seed Act." (Aug. 9, 1939, ch. 615, § 1, 53 Stat. 1275.) EFFECTIVE DATE

See section 1610 of this title.

SUBCHAPTER I.-DEFINITIONS

§ 1561. Definition of terms.

(a) When used in this chapter

(1) The term "United States" means the several States, District of Columbia, 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

(4) For the purposes of this chapter with respect to labeling for treatment, 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) Omitted.

(7) The term

(A) "Agricultural seeds" shall mean grass, forage, and field crop seeds which the Secretary of Agriculture finds are used for seeding purposes in the United States and which he lists in the rules and regulations prescribed under section 1592 of this title.

(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.

(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) Puerto Rico, Guam, 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 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 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 offered for transportation, or transported;

(ii) by the law or rules and regulations of Puerto Rico, Guam, 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 hale

pense (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, District of Columbia, 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, soybean, flax, carrot, radish, 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 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.

(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.

(25) The term "seed certifying agency" means (A) an agency authorized under the laws of a State, Territory, or possession, to officially certify seed and which has standards and procedures approved by the Secretary (after due notice, hearings, and full consideration of the views of farmer users of certified seed and other interested parties) to assure the genetic purity and identity of the seed certified, or (B) an agency of a foreign country determined by the Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under (A).

(Aug. 9, 1939, ch. 615, title I, § 101, 53 Stat. 1275; June 25, 1948, ch. 646, § 1, 62 Stat. 870; Aug. 1, 1956, ch. 852, § 1, 70 Stat. 908; Aug. 1, 1958, Pub. L. 85581, §§ 1-3, 72 Stat. 476; Oct. 15, 1966, Pub. L. 89686, §§ 1-3, 19, 80 Stat. 975, 979; Oct. 17, 1969, Pub. L. 91-89, § 1, 83 Stat. 134.)

CODIFICATION

Section was enacted without a subsec. (b).

Former subsec. (a) (6) (b), which extended the former term "circuit court of appeals," in case the principal place of business or residence of the person against whom a cease and desist order was issued was in the District of Columbia, to the United States Court of Appeals for the District of Columbia, for purposes of this chapter, has been omitted from the Code as obsolete due to the enactment of act June 25, 1948. The District of Columbia is now a judicial circuit under sections 41 and 43 of Title 28, Judiciary and Judicial Procedure. See, also, Change of Name notes under sections 1599, 1600 and 1601 of this title.

AMENDMENTS

1969 Subsec. (a) (25). Pub. L. 91-89 added the provision authorizing the Secretary (after due notice, hearing, and full consideration of the views of interested parties) to approve of the standards and procedures of seed certifying agencies authorized under the laws of a State, Territory, or possession.

1966-Subsec. (a)(1). Pub. L. 89-686, § 1, deleted references to "Alaska," and "Hawaii," preceding and following "District of Columbia,".

Subsec. (a) (4). Pub. L. 89-686, § 19, inserted "treatment" before "variety".

Subsee. (a) (7) (A). Pub. L. 89-686, § 2, redefined "agricultural seeds" to be such as are listed in the rules and regulations rather than in the statutory text as added to or taken therefrom pursuant to rules and regulations.

Subsec. (a) (8) (A) (ii). Pub. L. 89-686, § 1, deleted reference to "Alaska, Hawaii," preceding "Puerto Rico". Subsec. (a) (9) (A) (ii). Pub. L. 89-686, § 1, deleted reference to "Alaska, Hawaii," preceding "Puerto Rico". Subsec. (a) (10). Pub. L. 89-686, § 1, deleted references to "Alaska," and "Hawaii," preceding and following "District of Columbia,".

Subsec. (a) (11). Pub. L. 89-686, § 3, substituted "soybean, flax, carrot, radish" for "wheat, oat, vetch, sweetclover".

1958 Subsec. (a) (1) (A). Pub. L. 85-581, § 1, included sugar beets in the list of seeds subject to this chapter by deleting the phrase "excluding sugar beet" following "Beta vulgaris L.-Field beet".

Subsec. (a) (24). Subsec. (a) (25).

Pub. L. 85-581, § 2, added par. (24). Pub. L. 85–581, § 3, added par. (25). 1956-Subsec. (a) (8) (A) (ii). Act Aug. 1, 1956, § 1 (a), inserted "Guam" after "Puerto Rico".

Subsec. (a) (9) (A) (ii). Act Aug. 1, 1956, § 1 (b), inserted "Guam" after "Puerto Rico".

EFFECTIVE DATE OF 1958 AMENDMENT

Pub. L. 85-581, § 16, provided that: "This Act [Pub. L. 85-581], and the amendments [adding sections 1561 (a) (24), (25), 1562, 1571 (i), 1581 (a) (4), 1582 (d) and 1586 (c), and amending sections 1561 (a) (7) (A), 1571 (a) (8), (b) (1), (2), 1572, 1573 (b), 1574 and 1582 (a) of this title] made hereby, shall take effect upon the date of enactment [Aug. 1, 1958]."

EFFECTIVE DATE

See section 1610 of this title.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, upon the issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, upon the issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1571 of this title.

§ 1562. False representations as certified seed; required provisions

Any labeling, advertisement, or other representation subject to this chapter which represents that any seed is certified seed or any class thereof shall be deemed to be false in this respect unless (a) it has been determined by a seed certifying agency that such seed conformed to standards of genetic purity and identity as to kind or variety, and is 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 certifying that the seed is of a specified class and a specified kind or variety. Seed of a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed shall be certified only when

(1) the basic seed from which the variety was produced furnished by authority of the owner of the variety if the certification is made during the term of protection, and

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United States Code, Volume 1