§ 52. Use of nonofficial standards prohibited; sales by sample excepted. It shall be unlawful (a) in or in connection with any transaction or shipment in commerce made after August 1, 1923, or (b) in any publication of a price or quotation determined in or in connection with any transaction or shipment in commerce after August 1, 1923, or (c) in any classification for the purposes of or in connection with a transaction or shipment in commerce after August 1, 1923, for any person to indicate for any cotton a grade or other class which is of or within the official cotton standards of the United States then in effect under this chapter by a name, description, or designation, or any system of names, description, or designation not used in said standards: Provided, That nothing herein shall prevent a transaction otherwise lawful by actual sample or on the basis of a private type which is used in good faith and not in evasion of or substitution for said standards. (Mar. 4, 1923, ch. 288, § 2, 42 Stat. 1517.) EFFECTIVE DATE See note under section 51 of this title. § 53. Licensing classifiers; revocation and suspension of license. The Secretary of Agriculture may, upon presentation of satisfactory evidence of competency, issue to any person a license to grade or otherwise classify cotton and to certificate the grade or other class thereof in accordance with the official cotton standards of the United States. Any such license may be suspended or revoked by the Secretary of Agriculture whenever he is satisfied, after reasonable opportunity afforded to the licensee for a hearing, that such licensee is incompetent or has knowingly or carelessly classified cotton improperly, or has violated any provision of this chapter or the regulations thereunder so far as the same may relate to him, or has used his license or allowed it to be used for any improper purpose. Pending investigation the Secretary of Agriculture, whenever he deems necessary, may suspend a licence temporary without a hearing. (Mar. 4, 1923, ch. 288, § 3, 42 Stat. 1517.) EFFECTIVE DATE See note under section 51 of this title. § 54. Classification by Department of Agriculture; certification thereof; effect of certificate; regulations for classification.-Any person who has custody of or a financial interest in any cotton may submit the same or samples thereof, drawn in accordance with the regulations of the Secretary of Agriculture, to such officer or officers of the Department of Agriculture as may be designated for the purpose pursuant to the regulations of the Secretary of Agriculture for a determination of the true classification of such cotton or samples, including the comparison thereof, if requested, with types or other samples submitted for the purpose. The final certificate of the Department of Agriculture showing such determination shall be binding on officers of the United States and shall be accepted in the courts of the United States as prima facie evidence of the true classification or comparison of such cotton or samples when involved in any transaction or shipment in commerce. The Secretary of Agriculture shall fix rules and regulations for submitting samples of cotton for classification providing that all samples shall be numbered so that no one interested in the transaction involved shall be known by any classifier engaged in the classification of such cotton samples. (Mar. 4, 1923, ch. 288, § 4, 42 Stat. 1517.) EFFECTIVE DATE See note under section 51 of this title. § 55. Charges for licenses and classications; disposition of moneys. The Secretary of Agriculture may cause to be collected such charges as he may find to be reasonable for licenses issued to classifiers of cotton under section 53 of this title and for determinations made under section 54 of this title, and the amounts so collected shall be used by the Secretary of Agriculture in paying expenses of the Department of Agriculture connected therewith. (Mar. 4, 1923, ch. 288, § 5, 42 Stat. 1518.) EFFECTIVE DATE See note under section 51 of this title. Effective July 1, 1935, the appropriation account for expenses provided for in this chapter was abolished by act June 26, 1934, ch. 756, § 5, 48 Stat. 1228. See section 725d (b) of Title 31, Money and Finance. § 56. Establishment of cotton standards; furnishing copies of established standards sold.-The Secretary of Agriculture is authorized to establish from time to time standards for the classification of cotton by which its quality or value may be judged or determined for commercial purposes, which shall be known as the official cotton standards of the United States. Any such standard or change or replacement thereof shall become effective only on and after a date specified in the order of the Secretary of Agriculture establishing the same, which date shall be not less than one year after the date of such order: Provided, That the official cotton standards established, effective August 1, 1923, under the United States Cotton Futures Act, constituting chapter 14 of Title 26, shall be at the same time the official cotton standards for the purpose of this chapter unless and until changed or replaced under this chapter. Whenever any standard or change or replacement thereof shall become effective under this chapter, it shall also, when so specified in the order of the Secretary of Agriculture, become effective for the purposes of the United States Cotton Futures Act, constituting chapter 14 of Title 26, and supersede any inconsistent standard established under said chapter. Whenever the official cotton standards of the United States established under this chapter shall be represented by practical forms, the Department of Agriculture shall furnish copies thereof, upon request, to any person, and the cost thereof, as determined by the Secretary of Agriculture, shall be paid by the person making the request. The Secretary of Agriculture may cause such copies to be certified under the seal of the Department of Agriculture and may attach such conditions to the purchase and use thereof, including provision for the inspection, condemnation, and exchange thereof by duly authorizing repre sentatives of the Department of Agriculture, as he may find to be necessary to the proper application of the official cotton standards of the United States. (Mar. 4, 1923, ch. 288, § 6, 42 Stat. 1518.) EFFECTIVE DATE See note under section 51 of this title. § 57. Disposition of proceeds of sale of cotton and of copies of standards. Any moneys received from or in connection with the sale of cotton purchased for the preparation of the copies, mentioned in section 56 of this title and condemned as unsuitable for such use or with the sale of such copies may be expended for the purchase of other cotton for such use. (Mar. 4, 1923, ch. 288, § 6, 42 Stat. 1518.) EFFECTIVE DATE See note under section 51 of this title. § 57a. Agreements with cotton associations, etc., in foreign countries to establish cotton standards.-The Secretary of Agriculture is authorized to effectuate agreements with cotton associations, cotton exchanges, and other cotton organizations in foreign countries, for (1) the adoption, use, and observance of universal standards of cotton classification, (2) the arbitration or settlement of disputes with respect thereto, and (3) the preparation, distribution, inspection, and protection of the practical forms or copies thereof under such agreements. (Mar. 4, 1923, ch. 288, § 6 (b), as added Sept. 21, 1944, ch. 412, title IV, § 401 (b), 58 Stat. 738.) CODIFICATION Section was enacted as subsec. (b) of section 6 of act Mar. 4, 1923, cited to text, by act Sept. 21, 1944, cited to text. Said act Sept. 21, 1944, was the Department of Agriculture Organic Act of 1944. § 58. General inspection and sampling of cotton.-In order to carry out the provisions of this chapter, the Secretary of Agriculture is authorized to cause the inspection, including the sampling, of any cotton involved in any transaction or shipment in commerce, wherever such cotton may be found, or of any cotton with respect to which a determination of the true classification is requested under section 54 of this title. (Mar. 4, 1923, ch. 288, § 7, 42 Stat. 1518.) EFFECTIVE DATE See note under section 51 of this title. § 59. Offenses in relation to cotton standards. It shall be unlawful for any person (a) with intent to deceive or defraud, to make, receive, use, or have in his possession any simulate or counterfeit practical form or copy of any standard or part thereof established under this chapter; or (b) without the written authority of the Secretary of Agriculture, to make, alter, tamper with, or in any respect change any practical form or copy of any standard established under this chapter; or (c) to display or use any such practical form or copy after the Secretary of Agriculture shall have caused it to be condemned. (Mar. 4, 1923, ch. 288, § 8, 42 Stat. 1519.) EFFECTIVE DATE See note under section 51 of this title. § 60. Penalties for violations.-(a) Any person who shall knowingly violate any provision of sections 52 or 59 of this title, or (b) any person licensed under this chapter who, for the purposes of or in connection with any transaction or shipment in commerce, shall knowingly classify cotton improperly, or shall knowingly falsify or forge any certificate of classification, or shall accept money or other consideration, either directly or indirectly, for any neglect or improper performance of duty as such licensee, or (c) any person who shall knowingly influence improperly or attempt to influence improperly any person licensed under this chapter in the performance of his duties as such licensee relating to any transaction or shipment in commerce, or (d) any person who shall forcibly assault, resist, impede, or interfere with or influence improperly or attempt to infleuence improperly any person employed under this chapter in the performance of his duties, shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined not exceeding $1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. (Mar. 4, 1923, ch. 288, § 9, 42 Stat. 1519.) EFFECTIVE DATE See note under section 51 of this title. § 61. General regulations, investigations, tests, etc., by Secretary. For the purposes of this chapter the Secretary of Agriculture shall cause to be promulgated such regulations, may cause such investigations, tests, demonstrations, and publications to be made, including the investigation and determination of some practical method whereby repeated and unnecessary sampling and classification of cotton may be avoided, and may cooperate with any department or agency of the Government, any State Territory, District, or possession, or department, agency, or political subdivision thereof, or any person, as he shall find to be necessary. (Mar. 4, 1923, ch. 288, § 19, 42 Stat. 1519.) EFFECTIVE DATE See note under section 51 of this title. § 62. Definitions; "person"; "commerce"; "cotton."-Wherever used in this chapter, (a) the word "person" imports the plural or the singular, as the case demands, and includes an individual, a partnership, a corporation, or two or more persons having a joint or common interest; (b) the word "commerce" means commerce between any State or the District of Columbia and any place outside thereof, or between points within the same State or the District of Columbia but through any place outside thereof, or within the District of Columbia; and (c) the word "cotton" means cotton of any variety produced within the continental United States, including linters. (Mar. 4, 1923, ch. 288, § 11, 42 Stat. 1519.) EFFECTIVE DATE See note under section 51 of this title. § 63. Liability of principal for act of agent. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or employed by any person within the scope of his employment or office, shall in every case be deemed also the act, omission, or failure of such person as well as that of such agent, officer, or other person. (Mar. 4, 1923, ch. 288, § 11, 42 Stat. 1519.) EFFECTIVE DATE See note under section 51 of this title. § 64. Appropriation for expenses; apointments by Secretary of officers and agents; compensation.-There are hereby authorized to be appropriated out of the moneys in the Treasury not otherwise appropriated, such sums as may be necessary for carrying out the provisions of this chapter; and the Secretary of Agriculture is authorized, within the limits of such appropriations, to appoint, remove, and fix the compensations of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, telegrams, telephones, law books, books of reference, periodicals, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere. (Mar. 4, 1923, ch. 288, § 12, 42 Stat. 1519.) EFFECTIVE DATE See note under section 51 of this title. § 65. Effect of partial invalidity. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and the application of such provision to other persons and circumstances shall not be affected thereby. (Mar. 4, 1923, ch. 288, § 13, 42 Stat. 1520.) EFFECTIVE DATE See note under section 51 of this title. Chapter 3.-GRAIN STANDARDS ACT § 71. Short title of chapter. This chapter shall be known by the short title of the "United States Grain Standards Act." (Aug. 11, 1916, ch. 313, part B, § 1, 39 Stat. 482.) § 72. Definitions; "person"; "interstate or foreign commerce." -The word "person," whenever used in this chapter shall be construed to import the plural or singular, as the case demands, and shall include individuals, associations, partnerships, and corporations; the words "in interstate or foreign commerce," wherever used in this chapter, mean "from any State, Territory, or District to or through any other State, Territory, or District, or to or through any foreign country, or within any Territory or District." (Aug. 11, 1916, ch. 313, part B, § 1, 39 Stat. 482.) |