« AnteriorContinuar »
on hand, and when requested to permit such agent or employee of the Department of Agriculture to examine and classify samples of all such cotton on hand. The request of the Secretary of Agriculture for such information may be made in writing or by a visiting representative, and if made in writing shall be forwarded by registered mail, and the registry receipt of the Post Office Department shall be accepted as evidence of such demand. Any owner, president, treasurer, secretary, director, or other officer or agent of any cotton warehouse, cotton ginnery, cotton mill, or other place or establishment where cotton is stored, or any owner or holder of any cotton or the agent or representative of any such owner or holder, who, under the conditions hereinbefore stated, shall refuse or willfully neglect to furnish any information herein provided for or shall willfully give answers that are false or shall refuse to allow agents or employees of the Department of Agriculture to examine or classify any cotton in store in any such establishment, or in the hands of any owner or holder or of the agent or representative of any such owner or holder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $300 or more than $1,000. (Mar. 3, 1927, ch. 337, § 3, 44 Stat. 1373,)
§ 473a. Classification of cotton on request of producer.—The Secretary of Agriculture, upon request in writing from any group of producers organized to promote the improvement of cotton who comply with such regulations as he may prescribe, is authorized and directed to determine and to make promptly available to such producers, the classification, in accordance with the official cotton standards of the United States, of any cotton produced by them. The Secretary of Agriculture is further authorized to pay the transportation charges and to furnish tags and containers for the samples of cotton submitted for classification under this section, and all samples of cotton so classified shall become the property of the Government, and the proceeds of any sales thereof after classification shall be covered into the Treasury of the United States as miscellaneous receipts. (Mar. 3, 1927, ch. 337, § 3a, as added, April 13, 1937, ch. 75, 50 Stat. 62.)
§ 473b. Market supply, demand, condition and prices; collection and publication of information.--The Secretary of Agriculture is also authorized and directed to collect, authenticate, publish, and distribute, by telegraph, radio, mail, or otherwise, timely information on the market supply, demand, location, condition, and market prices for cotton, and to cause to be prepared regularly and distributed for posting at gins, in post offices, or other public or conspicuous places in cotton-growing communities, information on prices for the various grades and staple lengths of cotton. (Mar. 3, 1927, ch. 337, § 3b, as added April 13, 1937, ch. 75, 50 Stat. 62.)
§ 473c. Rules and regulations.—The Secretary of Agriculture is further authorized to make such rules and regulations as he may deem necessary to effectuate the purposes of this chapter. (Mar. 3, 1927, ch. 337, § 3c, as added April 13, 1937, ch. 75, 50 Stat. 62.)
8 473d. Quality tests and analyses by Secretary for breeders and others; fees.—The Secretary of Agriculture is authorized to make analyses of fiber properties, spining tests, and other tests of the quality of cotton samples submitted to him by cotton breeders and other persons, subject to such terms and conditions and to the payment by such cotton breeders and other persons of such fees as he may prescribe by regulations under this chapter. The fees to be assessed hereunder shall be reasonable, and, as nearly as may be, to cover the cost of the service rendered. (Mar. 3, 1927, ch. 337, § 3d, as added Apr. 7, 1941, ch. 42, 55 Stat. 131.)
§ 474. P:wers of Secretary of Agriculture; appropriatio..—The Secretary of Agriculture 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; and shall have the power to appoint, remove, and fix the compensation of such officers and employees, not in conflict with existing law, and make such expenditures for the purchase of samples of cotton, for rent outside the District of Columbia, printing, telegrams, telephones, 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, and there are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for such purposes. (Mar. 3, 1927, ch. 337, § 4, 44 Stat. 1373.)
§ 475. Cotton crop reports.-The Secretary of Agriculture shall discontinue acreage reports based upon farmers' intention to plant cotton and shall cause to be issued between July 1, and December 1, five monthly reports, one as of September 1, one as of October 1, one as of November 1, and one as of December 1, each of which shall state the condition and progress of the crop and the probable number of bales which will be ginned, these reports to be issued simultaneously with the cotton ginning reports of the Bureau of the Census relating to the same dates, the two reports to be issued from the same place at eleven antemeridian of the eighth day following that to which the respective reports relate. When such date of release falls on Sunday or a legal holiday the report shall be issued at eleven o'clock antemeridian of the next succeeding workday. No such report shall be approved and released by the Secretary of Agriculture until it shall have been passed upon by a cottoncrop reporting committee or board consisting of five members or more to be designated by him, not less than three of which shall be supervisory field statisticians of the Department of Agriculture located in different sections of the cotton-growing States, experienced in estimating cotton production and who have first-hand knowledge of the conditions of the cotton crop based on recent field observations, and a majority of which committee or board shall be familiar with the methods and practices of producing cotton. (May 3, 1924, ch, 149, § 1, 43 Stat. 115; Mar. 3, 1927, ch. 337, § 5, 44 Stat. 1373.)
§ 476. Acreage reports. The Secretary of Agriculture shall cause to be issued a report on or before the 10th day of July of each year showing by States and in toto the number of acres of cotton in cultivation on July 1, to be followed on September 1 and December 1 with an estimate of the acreage of cotton abandoned since July 1. (May 27, 1912, ch. 135, § 1, 37 Stat. 118; Mar. 3, 1927, ch. 337, § 6, 44 Stat. 1374.) Chapter 20.--FARM PRODUCE RECEIVED IN INTERSTATE COM
MERCE BY COMMISSION MERCHANTS AND OTHERS; DESTRUCTION OR DUMPING; INVESTIGATION OF QUALITY AND CONDITION OF PRODUCE
§ 491. Destruction or dumping of farm produce received in interstate commerce by commission merchants, etc., prohibited; penalty --After June 30, 1927, any person, firm, association, or corporation receiving any fruits, vegetables, melons, dairy, or poultry products or any perishable farm products of any kind or character, referred to in this section and section 492 of this title as produce, in interstate commerce, or in the District of Columbia, for or on behalf of another, who without good and sufficient cause therefor, shall destroy or abandon, discard as refuse, or dump any produce directly or indirectly, or through collusion with any person, or who shall knowingly and with intent to defraud make any false report or statement to the person, firm, association, or corporation from whom any produce was received, concerning the handling, condition, quality, quantity, sale, or disposition thereof, or who shall knowingly and with intent to defraud fail truly and correctly to account therefor shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 and not more than $3,000, or by imprisonment for a period of not exceeding one year, or both, at the discretion of the court. (Mar. 3, 1927, ch. 309, § 1, 44 Stat. 1355.)
CROSS REFERENCE Unfair conduct by commission merchants, see section 499b of this title.
§ 492. Investigation of quality and condition of produce received in interstate commerce; issuance of certificate; certificate as evidence.-The Secretary of Agriculture shall by regulation provide for the making of prompt investigations and the issuing of certificates as to the quality and condition of produce received in interstate commerce or in the District of Columbia, upon application of any person, firm, association, or corporation shipping, receiving, or financially interested in, such produce. Such regulations shall designate the classes of persons qualified and authorized to make such investigations and issue such certificates, except that any such investigation shall be made and any such certificate shall be issued by at least two disinterested persons in any case where such investigation is not made by an officer or employee of the Department of Agriculture or of any State or political subdivision thereof or of the District of Columbia. A certificate made in compliance with such regulations shall be prima facie evidence in all Federal courts of the truth of the statements therein contained as to the quality and condition of the produce; but if any such certificate is put in evidence by any party, in any civil or criminal proceeding, the opposite party
shall be permitted to cross-examine any person signing such certificate, called as a witness at the instance of either party, as to his qualifications and authority and as to the truth of the statements contained in such certificate. (Mar. 3, 1927, ch. 309, § 1, 44 Stat. 1355.)
CROSS REFERENCES Certification of condition of agricultural products shipped in interstate commerce; certificate as evidence, see section 414 of this title.
Offenses respecting certificate of inspection issued under this section, penalties, see section 499n (b) of this title.
§ 493. Enforcement of provisions; prosecution of cases.—The Secretary of Agriculture is hereby authorized and directed to enforce this chapter. It is hereby made the duty of all United States attorneys to prosecute cases arising under this chapter, subject to the supervision and control of the Department of Justice. (Mar. 3, 1927, ch. 309, § 2, 44 Stat. 1355.)
$ 494. Rules and regulations; cooperation with States, etc., officers and employees; expenditures. The Secretary of Agriculture may make such rules and regulations as he may deem advisable to carry out the provisions of this chapter 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; and may call upon any Federal department, board, or commission for assistance in carrying out the purposes of this chapter; and shall have the power to appoint, remove, and fix the compensation of such officers and employees not in conflict with existing law and make such expenditure for rent, outside the District of Columbia, printing, telegrams, telephones, books of reference, books of law, periodicals, newspapers, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be deemed necessary to the administration of this chapter in the District of Columbia and elsewhere. (Mar. 3, 1927, ch. 309, § 3, 44 Stat. 1355.)
8 495. Appropriation.--There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary after the fiscal year beginning July 1, 1927, to carry out the purposes of this chapter. (May 3, 1927, ch. 309, $ 3,44 Stat. 1355.)
8 496. Validity of other statutes dealing with same subject.This chapter shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this chapter, but it is intended that all such statutes shall remain in full force and effect, except insofar only as they are inconsistent herewith or repugnant hereto. (Mar. 3, 1927, 72. 309, § 3, 44 Stat, 1355.)
§ 497. Invalidity of any provision of chapter as affecting other provisions. If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby. (Mar. 3, 1927, ch. 309, § 4, 44 Stat. 1356.)
Chapter 20A.-PERISHABLE AGRICULTURAL COMMODITIES ACT § 499a. Definitions.—When used in this chapter
(1) The term "person" includes individuals, partnerships, corporations, and associations;
(2) The term "Secretary” means the Secretary of Agriculture;
(3) The term "interstate or foreign commerce" means commerce between any State or Territory, or the District of Columbia and any place outside thereof; or between points within the same State or Territory, or the District of Columbia but through any place outside thereof; or within the District of Columbia;
(4) The term “perishable agricultural commodity”–
(A) Means any of the following, whether or not frozen or packed in ice: Fresh fruits and fresh vegetables of every kind and character; and
(B) Includes cherries in brine as defined by the Secretary in accordance with trade usages;
(5) The term "commission merchant" means any person engaged in the business of receiving in interstate or foreign commerce any perishable agricultural commodity for sale, on commission, or for or on behalf of another;
(6) The term “dealer" means any person engaged in the business of buying or selling in carloads any perishable agricultural commodity in interstate or foreign commerce, except that (A) no producer shall be considered as a “dealer" in respect of sales of any such commodity of his own raising ; (B) no person buying any such commodity solely for sale at retail shall be considered as a “dealer” in respect of any such commodity in any calendar year until his purchases of such commodity in carloads in such year are in excess of twenty; and (C) no person buying any such commodity for canning and/or processing within the State where grown shall be considered a “dealer" whether or not the canned or processed product is to be shipped in interstate or foreign commerce, unless such product is frozen or packed in ice, or consists of cherries in brine, within the meaning of paragraph 4 of this section. Any person not considered as a "dealer" under clauses (A), (B), and (C) may elect to secure a license under the provisions of section 499c of this title, and in such case and while the license is in effect such person shall be considered as a "dealer." As used in this paragraph, the term “in carloads” includes wholesale or jobbing quantities as defined for any commodity by the Secretary.
(7) The term "broker" means any person engaged in the business of negotiating sales and purchases of any perishable agricultural commodity in interstate or foreign commerce for or on behalf of the vendor or the purchaser, respectively.
(8) A transaction in respect of any perishable agricultural commodity shall be considered in interstate or foreign commerce if such commodity is part of that current of commerce usual in the trade in that commodity whereby such commodity and/or the products of such commodity are sent from one State with the expectation that they will end their transit, after purchase, in