Page:United States Statutes at Large Volume 53 Part 2.djvu/805

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53 STAT.] 76TH CONG., IST SESS.-CH. 615-AUG. 9 , 1939 RECORDS 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 agricultural seed offered, and the Secretary of Agricul- ture, or his duly authorized agents, shall have the right to inspect such records for the purpose of the effective administration of this Act. EXEMPTIONS SEC. 203. (a) The provisions of sections 201 and 202 shall not apply to any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier: Provided, That such carrier is not engaged in processing or mer- chandising seed subject to the provisions of this Act; and such pro- visions shall not apply to seeds produced by any farmer on his own premises and sold by him directly to the consumer, provided such farmer is not engaged in the business of selling seeds not produced by him: And provided further, That such seeds produced or sold by him when transported or offered for transportation to any State, Territory, or District, shall not be exempted from the provisions of sections 201 and 202 unless said seeds shall be in compliance with the operation and effect of the laws of such State, Territory, or District, enacted in the exercise of its police power, to the same extent and in the same manner as though such seed had been produced, sold, offered or exposed for sale in such State, Territory, or District, and shall not be exempted therefrom by reason of being introduced therein in original packages or otherwise: And provided further, That such seeds produced or sold by him are in compliance with the seed laws of the State into which the seed is transported. (b) The provisions of section 201 (a) or (b) shall not apply- (1) to seed or grain not intended for seeding purposes when transported or offered for transportation in ordinary channels of commerce usual for such seed or grain intended for manufac- ture or for feeding; or (2) to seed intended for seeding pulrposes when transported or offered for transportation in interstate commerce- (A) if in bulk, in which case, however, the invoice per- taining to such seed shall bear the various statements required for the respective seeds under section 201 (a) and (b): or (B) if consigned to a seed cleaning or processing estab- lishment, to be clean o ossed or processed for seeding purposes: Provided,That this fact is so stated in the invoice, if in bulk, or on attached labels, if in containers: Provided further, That any such seed later to be labeled as to origin and/or variety, and for which consecutive records are necessary to establish these facts, shall be labeled as to these items in accordance with rules and regulations prescribed under sec- tion 402 of this Act. (c) When the Secretary of Agriculture finds that, because of the time interval between seed harvesting and sowing, or because of an emergency beyond human control, the information required by this Act as to the germination, and hard seed of certain kinds of seeds, cannot be given prior to transportation or delivery for transportation in interstate commerce, he may promulgate, with or without a hear- ing, rules and regulations providing that the provisions of section 201 (a) and (b) as to the required labeling for germination and 1281 Records. Exemptions. Carriers in ordinary business. Provisos. Carrier not in busi- ness of processing or merchandising seed. Farmers selling di- rectly to consumer. Exemption condi- tional on compliance with certain provi- sions. State seed laws, compliance. Further exemp- tions. Seed or grain not for seeding. Seed for seeding It In hulk. It consigned to cleaning or processing establishment. Provisos. Fact to be so stated. Labels and records to establish facts. Post, p. 12S5 . Waiver of restric- tions on labeling for germination, etc.