Page:United States Statutes at Large Volume 53 Part 2.djvu/806

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PUBLIC LAWS-CH. 615 -AUG. 9, 1939 Full labeling re- quirements unneces- sary under designated conditions. Disclaimers and nonwarranties. False advertising unlawful. Proviso. Exemptions. Prohibitions relat. ing to importations. hard seed shall not apply for such period and to such kinds of seed as he may specify in his said rules and regulations. (d) The provisions of section 201 (a) and (b) relative to the labeling of agricultural and vegetable seeds with the percentages of the kind or variety or type of seeds shall not be deemed violated if there be other seeds in the container or bulk which could not be, or were not, identified because of their indistinguishability in appear- ance from the seeds intended to be transported or delivered for transportation in interstate commerce, provided that the records of the person charged with the duty under said section of labeling or invoicing the seeds, kept in accordance with the rules and regula- tions of the Secretary of Agriculture, together with other pertinent facts, disclose that said person has taken all proper precautions to insure the identity to be that stated. DISCLAIMERS AND NONWARRANTIES SEC. 204. The use of a disclaimer or nonwarranty clause in any invoice, advertising, labeling, or written, printed, or graphic matter, pertaining to any seed shall not constitute a defense, or be used as a defense in any way, in any prosecution, or in any proceeding for confiscation of seeds, brought under the provisions of this Act, or the rules and regulations made and promulgated thereunder. FALSE ADVERTISING SEC. 205. It shall be unlawful for any person to disseminate, or cause to be disseminated, any false advertisement concerning seed, by the United States mails, or in interstate or foreign commerce, in any manner or by any means, including radio broadcasts: Provided, however, That no person, advertising agency, or medium for the dis- semination of advertising, except the person who transported, deliv- ered for transportation, sold, or offered for sale seed to which the false advertisement relates, shall be liable under this section by reason of disseminating or causing to be disseminated any false advertisement, unless he or it has refused, on the request of the Secretary of Agriculture, to furnish the Secretary the name and post- office address of the person, or advertising agency, residing in the United States, who caused, directly or indirectly, the dissemination of such advertisement. TITLE III-FOREIGN COMMERCE PROHIBITIONS AND PROCEDURES RELATING TO IMPORTATIONS SEC. 301. (a) The importation into the United States is prohibited of- (1) any seed containing 10 per centum or more of any agri- cultural or vegetable seeds if any such seed is adulterated or unfit for seeding purposes, or is required to be stained and is not so stained, under the terms of this title, or the labeling of which is false or misleading in any respect; (2) screenings of any seeds subject to title III of this Act (except that this shall not apply to screenings of wheat, oats, rye, barley, buckwheat, field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, field peas, or field beans, which are not imported for seeding purposes and are declared for clean- ing, processing, or manufacturing purposes, and not for seeding purposes); (3) any seed containing 10 per centum or more of the seeds of alfalfa or red clover, which has been stained prior to being offered for entry in a manner that does not permit compliance 1282 [53 STAT.