U.S. Code » Title 7 » Chapter CHAPTER 37— SEEDS › Subchapter SUBCHAPTER IV— GENERAL PROVISIONS

7 U.S.C. § 1596

Penalties

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(a) Any person who knowingly, or as a result either of gross negligence or of a failure to make a reasonable effort to inform himself of the pertinent facts, violates any provision of this chapter or the rules and regulations made and promulgated thereunder shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not more than $1,000, for the first offense, and upon conviction for each subsequent offense not more than $2,000.(b) Any person who violates any provision of this chapter or the rules and regulations made and promulgated thereunder shall forfeit to the United States a sum, not less than $25 or more than $500, for each such violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States.(Aug. 9, 1939, ch. 615, title IV, § 406, 53 Stat. 1286; July 9, 1956, ch. 520, § 1, 70 Stat. 508.)Editorial NotesAmendments

1956—Act July 9, 1956, designated existing provisions as subsec. (a), inserted “knowingly or as a result either of gross negligence or of a failure to make a reasonable effort to inform himself of the pertinent facts,” and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1956 Amendment

Act July 9, 1956, ch. 520, § 4, 70 Stat. 508, provided that: “The amendments made by this Act [amending sections 1574, 1596, and 1602 of this title] shall be applicable only with respect to violations occurring after the enactment of this Act [July 9, 1956].”

Effective Date

See section 1610 of this title.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1975–2021 · leading case: Leslie Salt Co., a Delaware Corp. Cargill, Inc. v. United States, 55 F.3d 1388 (9th Cir. 1995).
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Leslie Salt Co., a Delaware Corp. Cargill, Inc. v. United States, 55 F.3d 1388 (9th Cir. 1995). “§ 6038 (b)(1) (“If any person fails to furnish ... any information ... required under [this section], such person shall pay a penalty of $1,000 .”
Atlas Roofing Co., Inc. v. Occupational Saf. & Health Review Comm'n, United States Dep't Oflabor, 518 F.2d 990 (5th Cir. 1975). “7 U.S.C. § 1596 (b) (1970). Violation of provisions of Federal Seed Act.”
Moorer v. Hartz Seed Co., 120 F. Supp. 2d 1283 (M.D. Ala. 2000). “See 7 U.S.C.A. § 1596 (1999). Indeed, section 1596 states “[a]ny person who violates any provision of this chapter or the rules and regulations made and promulgated thereunder shall forfeit to the United States a sum, not less than $25 or more than $500, for each such violation,…”
Frontier AG, Inc. v. Nuseed Americas Inc. (D. Kan. 2019). “7 U.S.C. § 1596 (a). And, the Federal Seed Act authorizes the Secretary of Agriculture to institute an action against any person who has violated the Act and to apply to a court of appeals for enforcement of any order holding a person in violation of the Act.”
HempChain Farms, LLC v. Sack (N.D.N.Y. 2021). “" 7 U.S.C. § 1596 (b). Based on this statutory language, the Court concludes that there is no private cause of action under the Federal Seed Act.”
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