[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR361.4]

[Page 488-489]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT--Table of Contents
 
Sec. 361.4  Inspection at the port of first arrival.

    (a) All agricultural seed, vegetable seed, and screenings imported 
into the United States shall be made available for examination by an 
APHIS inspector at the port of first arrival and shall remain at the 
port of first arrival until released by an APHIS inspector. Lots of 
agricultural seed, vegetable seed, or screenings may enter the United 
States without meeting the sampling requirements of paragraph (b) of 
this section if the lot is:
    (1) Seed that is not being imported for seeding (planting) purposes 
and the declaration required by Sec. 361.3(a) states the purpose for 
which the seed is being imported;
    (2) Seed that is being shipped in bond through the United States;
    (3) Screenings from seeds of wheat, oats, barley, rye, buckwheat, 
field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, 
field peas, or field beans that are not being imported for seeding 
(planting) purposes and the declaration accompanying the screenings as 
required under Sec. 361.2(a) indicates that the screenings are being 
imported for processing or manufacturing purposes;
    (4) Seed that is being imported for sowing for experimental or 
breeding purposes, is not for sale, is limited in quantity to the amount 
indicated in column 3 of table 1 of Sec. 361.5, and is accompanied by a 
declaration stating the purpose for which it is being imported (seed 
imported for increase purposes only will not be considered as being 
imported for experimental or breeding purposes); or
    (5) Seed that was grown in the United States, exported, and is now 
returning to the United States, provided that the person importing the 
seed into the United States furnishes APHIS with the following 
documentation:
    (i) Export documents indicating the quantity of seed and number of 
containers, the date of exportation from the United States, the 
distinguishing marks on the containers at the time of exportation, and 
the name and address of the United States exporter;
    (ii) A document issued by a Customs or other government official of 
the country to which the seed was exported indicating that the seed was 
not admitted into the commerce of that country; and
    (iii) A document issued by a Customs or other government official of 
the country to which the seed was exported indicating that the seed was 
not commingled with other seed after being exported to that country.
    (b) Except as provided in Secs. 361.5(a)(2) and 361.7, samples will 
be taken from all agricultural seed and vegetable seed imported into the 
United States for seeding (planting) purposes prior to being released 
into the commerce of the United States.
    (1) Samples of seed will be taken from each lot of seed in 
accordance with Sec. 361.5 to determine whether any seeds of noxious 
weeds listed in Sec. 361.6(a) are present. If seeds of noxious weeds are 
present at a level higher than the tolerances set forth in 
Sec. 361.6(b), the lot of seed will be deemed to be adulterated and will 
be rejected for entry into the United States for seeding (planting) 
purposes. Once deemed adulterated, the lot of seed must be:
    (i) Exported from the United States;
    (ii) Destroyed under the monitoring of an APHIS inspector;
    (iii) Cleaned under APHIS monitoring at a seed-cleaning facility 
that is operated in accordance with Sec. 361.8(a); or
    (iv) If the lot of seed is adulterated with the seeds of a noxious 
weed listed in Sec. 361.6(a)(2), the seed may be allowed entry into the 
United States for feeding or manufacturing purposes, provided the 
importer withdraws the original declaration and files a new declaration 
stating that the seed is being imported for feeding or manufacturing 
purposes and that no part of the seed will be used for seeding 
(planting) purposes.
    (2) Seed deemed adulterated may not be mixed with any other seed 
unless the Administrator determines that two

[[Page 489]]

or more lots of seed deemed adulterated are of substantially the same 
quality and origin. In such cases, the Administrator may allow the 
adulterated lots of seed to be mixed for cleaning as provided in 
paragraph (b)(1)(iii) of this section.
    (3) If the labeling of a lot of seed is false or misleading in any 
respect, the seed will be rejected for entry into the United States. A 
falsely labeled lot of seed must be:
    (i) Exported from the United States;
    (ii) Destroyed under the monitoring of an APHIS inspector; or
    (iii) The seed may be allowed entry into the United States if the 
labeling is corrected under the monitoring of an APHIS inspector to 
accurately reflect the character of the lot of seed.