Page:United States Statutes at Large Volume 53 Part 2.djvu/807

 53 STAT.] 76TH CONG., 1ST SESS.-CH. 615 -AUG. 9, 1939 with the provisions of this title and the regulations made and promulgated thereunder. SEC. 302. (a) The Secretary of the Treasury shall deliver to the Secretary of Agriculture, subject to joint rules and regulations pre- scribed under section 402 of this Act, samples of seed and screenings which are being imported into the United States, or offered for import, giving notice thereof to the 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 title and do not comply with the provisions of this title, 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 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 consignee within twelve months from the date of notice of such refusal shall be destroyed in accord- ance with joint rules and regulations prescribed under section 402 of this Act: Provided, That the Secretary of the Treasury may deliver to the consignee such seed or screenings pending examination and decision in the matter or for staining, if it be seed which is required to be stained, or for cleaning, on the execution of a rede- livery bond for such amount as may be necessary under joint rules and regulations prescribed under section 402 of this Act, and on refusal to return such seed or screenings for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding such seed or screenings from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond as liquidated damages: And provided further, That all charges for storage, cartage, and labor on the seed or screenings which are refused admission or delivery, shall be paid by the owner or con- signee, and in default of such payment shall constitute a lien against future importation made by such owner or consignee. (b) 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 section 402 of this Act. (c) The provisions of this title shall not apply- (1) when seed is shipped in bond through the United States, or (2) 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 regu- lations that seed of such kind not imported for seeding purposes shall be exempted from the provisions of the Act: Provided, 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 section 402 of this Act. ADULTERATED SEED SEC. 303. Seed subject to the provisions of section 301 is adulter- ated if any kind of such seed contains more than 5 per centum by weight of seed or seeds of another kind or kinds of similar appear- ance: Provided, That the mixture of the seed of white and alsike clover, or red clover and alsike clover, shall not be deemed to be adulterated, and that other seed mixtures of similar kinds of seeds of similar appearance shall not be deemed to be adulterated when the Secretary of Agriculture finds and prescribes by order that the importation of such seed mixtures for planting is not detrimental to the user of such seeds. 1283 Procedures relating to importations. Post, p. 12S5. Provisos. Release under re- delivery bond in cer- tain cases. Penalty provision. Charges a lien against future impor- tation. Refuse to be de- stroyed. Exemptions from provisions of title. Shipments in bond. Seed used for other than seeding purxlses. Proviso. Accompanying dec- laration. Post, p. 12S5. Adulterated seed. Proviso. Approved mixtures.

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