Page:United States Statutes at Large Volume 53 Part 2.djvu/810

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PUBLIC LAWS-CH. 615 -AUG. 9 , 1939 Ante, p. 1280 . Prohibition against alterations. Seizure of seed sold, delivered, or trans- ported, etc., in viola- tion of Act. Disposition of con- demned seed. Disposition of pro- ceeds. Proceedings. Penalties. Enforcement to in- clude corporate as well as individual liability. Opportunity to pre- sent views before vio- lation reported. (c) For the purpose of section 201 (b) of this Act, the Secretary of Agriculture is authorized and directed to investigate, determine, establish, and promulgate from time to time such reasonable stand- ards of germination for each kind of vegetable seed as will in his judgment best protect crop production. PROHIBITION AGAINST ALTERATIONS SEC. 404. No person shall detach alter, deface, or destroy any label provided for in this Act or the rules and regulations made and pro- mulgated thereunder by the Secretary of Agriculture, or alter or substitute seed in a manner that may defeat the purpose of this Act. SEIZURE SEO. 405. (a) Any seed sold, delivered for transportation in inter- state commerce, or transported in interstate or foreign commerce in violation of any of the provisions of this Act shall, at the time of such violation or at any time thereafter, be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which the seed is found. (b) If seed is condemned by a decree of the court as being in viola- tion of the provisions of this Act, it may be disposed of by the court by- (1) sale; or (2) delivery to the owner thereof after he has appeared as claimant and paid the court costs and fees and storage and other proper expenses and executed and delivered a bond with good and sufficient sureties that such seed will not be sold or disposed of in any jurisdiction contrary to the provisions of this Act and the rules and regulations made and promulgated thereunder, or the laws of such jurisdiction; or (3) destruction. (c) If such seed is disposed of by sale, the proceeds of the sale, less the court costs and fees and storage and other proper expenses, shall be paid into the Treasury as miscellaneous receipts, but such seed shall not be sold or disposed of in any jurisdiction contrary to the provi- sions of this Act and the rules and regulations made and promulgated thereunder, or the laws of such jurisdiction. (d) The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case; and such proceedings shall be at the suit of and in the name of the United States. PENALTIES SEO. 406. Any person who violates any provision of this Act 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 con- viction for each subsequent offense not more than $2,000. SEC. 407. When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person, partnership, corporation, company, society, or association, shall in every case be also deemed to be the act, omission, or failure of such person, partnership, corporation, company, society, or association, as well as that of the person employed. SEc. 408. Before any violation of this Act is reported by the Secretary of Agriculture to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding 1286 [53 STAT.