Page:United States Statutes at Large Volume 95.djvu/1298

 95 STAT. 1272

PUBLIC LAW 97-98—DEC. 22, 1981 requires one man to farm on a full-time basis." and inserting in lieu thereof ", and a return for management.". UNLAWFUL TO OFFER FOR SALE OR ADVERTISE PROTECTED SEED WHEN NOT CERTIFIED BY A STATE AGENCY

7 USC 2321 note.

SEC. 1118. Section 501 of the Federal Seed Act (7 U.S.C. 1611) is amended to read as follows: "SEC. 501. It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is 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: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.". PROTECTION AGAINST THE INTRODUCTION AND DISSEMINATION OF PLANT PESTS

7 USC 150dd.

7 USC 136 note.

Publication in Federal Register.

SEC. 1119. The Federal Plant Pest Act (7 U.S.C. 150aa et seq.) is amended by— (1) redesignating subsections (b), (c), and (d) in section 105 as (c), (d), and (e), respectively, and adding a new subsection (b) as follows: "(b)(l) Whereas, the existence of a plant pest new to or not theretofore known to be widely prevalent or distributed within and throughout the United States on any premises in the United States would constitute a threat to crops, other plant life, and plant products of the Nation and thereby seriously burden interstate or foreign commerce, whenever the Secretary determines that an extraordinary emergency exists because of the presence of such plant pest on any premises in the United States, and that the presence of such plant pest anywhere in the United States threatens the crops, other plant life, or plant products of the United States, the Secretary may (A) seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of, in such manner as the Secretary deems appropriate, any product or article of any character whatsoever, or means of conveyance which the Secretary has reason to believe is infested or infected by or contains any such plant pest; (B) quarantine, treat, or apply other remedial measures to, in such manner as the Secretary deems appropriate, any premises, including articles on such premises which the Secretary has reason to believe are infested or infected by any such plant pest: Provided, That any action taken under clauses (A) and (B) shall be consistent with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act: Provided further, That such action may be taken under this subsection only if the Secretary finds after review of measures taken by the State or other jurisdiction and after consultation with the Grovernor that the measures being taken are inadequate. Before any action is taken in any State or other jurisdiction under this subsection, the Secretary shall notify the Governor of the State or other jurisdiction, shall issue a public announcement and shall file a statement for publication in the Federal Register of the action the Secretary intends to take together with the findings and reasons therefor: Provided, That if it is not possible to make such a filing with the Federal Register prior to taking action, the filing shall be made within a reasonable time, not to exceedfivebusiness days, after commencement of the action. If the

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