|§ 1551||Short title|
|Subchapter II||Interstate Commerce|
|Subchapter III||Foreign Commerce|
|Subchapter IV||General Provisions|
|Subchapter V||Sale of Uncertified Seed of Protected Variety|
Terms Used In U.S. Code > Title 7 > Chapter 37
- 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. See 10 USC 2557
- Advisory Board: means the National Agricultural Research, Extension, Education, and Economics Advisory Board. See 10 USC 7482
- agricultural research: means research in the food and agricultural sciences. See 10 USC 7482
- 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. See 10 USC 2557
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- aquaculture: means the propagation and rearing of aquacultural species, including, but not limited to, any species of finfish, mollusk, or crustacean (or other aquatic invertebrate), amphibian, reptile, ornamental fish, or aquatic plant, in controlled or selected environments. See 10 USC 7482
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 19 USC 2295
- Board: means the National Sheep Promotion, Research, and Information Board established under section 7104(b) of this title. See 10 USC 7450
- Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
- case: means a standard shipping package containing thirty dozen eggs. See
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- commerce: means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof. See 20 USC 1070g-3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- consumer education: means any action to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowl. See
- consumer information: means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, or use of sheep products. See 10 USC 7450
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- cooperating forestry school: means an institution--
(i) that is eligible to receive funds under Public Law 87-788 (commonly known as the McIntire-Stennis Cooperative Forestry Act. See 10 USC 7482
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 19 USC 2292
- Customs Service: means United States Customs Service of the Department of the Treasury. See 10 USC 7450
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- degreased wool: means wool from which the bulk of impurities has been removed by processing. See 10 USC 7450
- Department: means the United States Department of Agriculture. See 10 USC 7450
- Department of Agriculture: means the United States Department of Agriculture. See 10 USC 7482
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- district court of the United States: means any court exercising the powers of a district court of the United States. See 10 USC 2557
- education: means activities providing information relating to the sheep industry or sheep products to producers, feeders, importers, consumers, and other persons. See 10 USC 7450
- egg producer: means the person owning laying hens engaged in the production of commercial eggs. See
- egg products: means products produced, in whole or in part, from eggs. See
- eggs: means eggs from domesticated chickens which are sold for human consumption either in shell egg form or for further processing into egg products. See
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive Committee: means the Executive Committee established under section 7104(g) of this title. See 10 USC 7450
- exporter: means any person who exports domestic live sheep or greasy wool from the United States. See 10 USC 7450
- extension: means the informal education programs conducted in the States in cooperation with the Department of Agriculture. See 10 USC 7482
- false advertisement: means any advertisement which is false or misleading in any particular. See 10 USC 2557
- false labeling: means any labeling which is false or misleading in any particular. See 10 USC 2557
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- feeder: means a person who feeds lambs until the lambs reach slaughter weight. See 10 USC 7450
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- food and agricultural sciences: means basic, applied, and developmental research, extension, and teaching activities in food and fiber, agricultural, renewable energy and natural resources, forestry, and physical and social sciences, including activities relating to the following:
(A) Animal health, production, and well-being. See 10 USC 7482
- foreign commerce: means commerce between the United States, its possessions, or any Territory of the United States, and any foreign country. See 10 USC 2557
- 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. See 10 USC 2557
- greasy wool: means wool that has not been washed or otherwise cleaned. See 10 USC 7450
- handler: means any person who purchases and markets greasy wool. See 10 USC 7450
- handler: means any person, specified in the order or the rules and regulations issued thereunder, who receives or otherwise acquires eggs from an egg producer, and processes, prepares for marketing, or markets, such eggs, including eggs of his own production. See
- importer: means any person who imports sheep or sheep products into the United States. See 10 USC 7450
- in bulk: refers to seed when loose either in vehicles of transportation or in storage, and not to seed in bags or other containers. See 10 USC 2557
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 19 USC 2297
- industry information: means information and programs that will lead to increased efficiency in processing and the development of new markets, marketing strategies, increased marketing efficiency, and activities to enhance the image of sheep or sheep products on a national or international basis. See 10 USC 7450
- 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. See 10 USC 2557
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- insular area: means --
(A) the Commonwealth of Puerto Rico. See 10 USC 7482
- 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. See 10 USC 2557
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See 10 USC 2557
- label: means the display or displays of written, printed, or graphic matter upon or attached to the container of seed. See 10 USC 2557
- 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. See 10 USC 2557
- land-grant colleges and universities: means those institutions eligible to receive funds under the Act of July 2, 1862 (12 Stat. See 10 USC 7482
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- live poultry dealer: means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce. See 20 USC 1070g-3
- livestock: means cattle, sheep, swine, horses, mules, or goats--whether live or dead. See 20 USC 1070g-3
- livestock products: means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock. See 20 USC 1070g-3
- marketing: means the sale or other disposition of commercial eggs, egg products, spent fowl, or products of spent fowl, in any channel of commerce. See
- meat food products: means all products and byproducts of the slaughtering and meat-packing industry--if edible. See 20 USC 1070g-3
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- 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. See 10 USC 2557
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- officer: includes any person authorized by law to perform the duties of the office. See 19 USC 2291
- order: means a sheep and wool promotion, research, education, and information order issued under section 7103 of this title. See 10 USC 7450
- 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. See 10 USC 2557
- packer: means any person engaged in the business (a) of buying livestock in commerce for purposes of slaughter, or (b) of manufacturing or preparing meats or meat food products for sale or shipment in commerce, or (c) of marketing meats, meat food products, or livestock products in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce. See 20 USC 1099a
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes individuals, partnerships, corporations, and associations. See 20 USC 1070g-3
- person: includes a partnership, corporation, company, society, or association. See 10 USC 2557
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. See 10 USC 7450
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. See
- poultry: means chickens, turkeys, ducks, geese, and other domestic fowl. See 20 USC 1070g-3
- poultry grower: means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry. See 20 USC 1070g-3
- poultry growing arrangement: means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another's instructions, for slaughter. See 20 USC 1070g-3
- producer: means any person, other than a feeder, who owns or acquires ownership of sheep. See 10 USC 7450
- producer information: means activities designed to provide producers, feeders, and importers with information relating to production or marketing efficiencies or developments, program activities, or other information that would facilitate an increase in the consumption of sheep or sheep products. See 10 USC 7450
- products of spent fowl: means commercial products produced from spent fowl. See
- promotion: means any action (including paid advertising) to advance the image and desirability of sheep or sheep products to improve the competitive position, and stimulate sales, of sheep products in the domestic and international marketplace. See 10 USC 7450
- promotion: means any action, including paid advertising, to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowl. See
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- qualified State sheep board: means a sheep and wool promotion entity that--
(A) is authorized by State statute or is otherwise organized and operating within a State. See 10 USC 7450
- Quorum: The number of legislators that must be present to do business.
- raw wool: means greasy wool, pulled wool, degreased wool, or carbonized wool. See 10 USC 7450
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- research: means development projects and studies relating to the production (including the feeding of sheep), processing, distribution, or use of sheep or sheep products to encourage, expand, improve, or make more efficient the marketing of sheep or sheep products. See 10 USC 7450
- research: means any type of research to advance the image, desirability, marketability, production, or quality of eggs, egg products, spent fowl, or products of spent fowl. See
- 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. See 10 USC 2557
- Secretary: means the Secretary of Agriculture. See 20 USC 1070g-3
- Secretary: means the Secretary of Agriculture. See 10 USC 7450
- Secretary: means the Secretary of Agriculture or any other officer or employee of the Department of Agriculture to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead. See
- 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). See 10 USC 2557
- Service of process: The service of writs or summonses to the appropriate party.
- sheep: means ovine animals of any age, including lambs. See 10 USC 7450
- sheep products: means products produced, in whole or in part, from sheep, including wool and products containing wool fiber. See 10 USC 7450
- spent fowl: means hens which have been in production of commercial eggs and have been removed from such production for slaughter. See
- started pullet: means a hen less than twenty weeks of age. See
- State: means each of the 50 States. See 10 USC 7450
- State: means --
(A) a State. See 10 USC 7482
- Statute: A law passed by a legislature.
- stockyard: means any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce. See 20 USC 1134d
- Subpoena: A command to a witness to appear and give testimony.
- swine contractor: means any person engaged in the business of obtaining swine under a swine production contract for the purpose of slaughtering the swine or selling the swine for slaughter, if--
(A) the swine is obtained by the person in commerce. See 20 USC 1070g-3
- swine production contract: means any growout contract or other arrangement under which a swine production contract grower raises and cares for the swine in accordance with the instructions of another person. See 20 USC 1070g-3
- swine production contract grower: means any person engaged in the business of raising and caring for swine in accordance with the instructions of another person. See 20 USC 1070g-3
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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. See 10 USC 2557
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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. See 10 USC 2557
- unit: means each State, group of States, or class designation that is represented on the Board. See 10 USC 7450
- United States: means the several States, District of Columbia, and Puerto Rico. See 10 USC 2557
- United States: means the 50 States and the District of Columbia. See 10 USC 7450
- United States: means the forty-eight contiguous States of the United States of America and the District of Columbia. See
- university: include a research foundation maintained by a college or university described in subparagraph (A). See 10 USC 7482
- 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. See 10 USC 2557
- 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. See 10 USC 2557
- weed seeds: means the seeds or bulblets of plants recognized as weeds either by the law or rules and regulations of--
(A) The State into which the seed is offered for transportation, or transported. See 10 USC 2557
- wool: means the fiber from the fleece of a sheep. See 10 USC 7450
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
- writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 19 USC 2291