[CHAPTER 260-3D SESSION] [S. 842] AN ACT To provide for an investigation and report of losses resulting from the campaign for the eradication of the Mediterranean fruit fly by the Department of Agriculture. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a board is hereby created, to be known as the Mediterranean Fruit Fly Board, to be composed of five individuals to be appointed by the Secretary of Agriculture. Any vacancy occurring in the Board shall be filled in the same manner as the original appointment. Each member of the Board, other than members holding office under the State or Federal Government, shall receive compensation at the rate of $10 per day while actually employed on the business of the Board. The Board shall cease to exist upon transmitting its report under section 2 of this Act. SEC. 2. The Board is authorized and directed to conduct a complete investigation and survey of all losses sustained by growers and farmers in the State of Florida resulting from the campaign to eradicate the Mediterranean fruit fly in such State and transmit to the Secretary of Agriculture not later than March 15, 1939, a full report of the results of such investigation and survey: Provided, That such report shall serve as information only and shall not be construed as imposing any legal or moral obligation upon the Government of the United States. The Secretary of Agriculture shall, as soon thereafter as practicable, transmit such report of survey to Congress, together with such recommendations as he may, in his judgment, deem advisable. SEC. 3. With the approval of the Secretary of Agriculture, the Board may (1) without regard to the provisions of other laws applicable to the employment and compensation of officers and employees of the United States employ and fix the compensation and duties of such employees as may be necessary to carry out the purposes of this Act; but the compensation of such employees shall correspond, so far as may be practicable, to the rates established by the Classification Act of 1923, as amended; and may (2) make such expenditures, including expenditures for travel and subsistence expense, for personal services at the seat of government and elsewhere, and for printing and binding, as are necessary for the efficient execution of its functions under this Act. SEC. 4. That there is hereby authorized to be appropriated the sum of $10,000, or so much thereof as may be necessary, for the purpose of carrying out the provisions of this Act. Approved, May 23, 1938. [CHAPTER 517-3D SESSION] [H. R. 8673] AN ACT For the relief of certain persons at certain projects of the Farm Security Administration, United States Department of Agriculture. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the case of any person who was employed prior to June 30, 1935, at one of the following projects of the Farm Security Administration of the United States Department of Agriculture. formerly under the jurisdiction of the Division of Subsistence Homesteads of the United States Department of the Interior: Cumberland Homesteads, Crossville, Tennessee; Tygart Valley Homesteads, Elkins, West Virginia; Westmoreland Homesteads, Greensburg, Pennsylvania, and from whose wages there have been withheld any sums in pursuance of the operation of a so-called credit hour system at such projects, the Secretary of the Treasury is authorized and directed to pay to such person, out of any money in the Treasury not otherwise appropriated, upon the certification of the Secretary of Agriculture, a sum equal to the amounts so withheld: Provided, however, That there shall be deducted from such payments (for disposition as receipts derived from the operation of projects, as authorized by section 3 of the Act of June. 29, 1936 (49 Stat. 2035), the amounts, as certified by the Secretary of Agriculture, of any current indebtedness to the United States in connection with such projects, and of any past indebtedness for which credit has been allowed to such person in the form of rent for occupancy or payments toward the purchase price of any homestead at such projects: Provided further, That in the case of any such person who has voluntarily withdrawn or has been dismissed from one of such projects, and who has received any cash settlement on account of accrued credit hours, there shall be deducted from such payments a sum equal to the amount of such cash settlement. Approved, June 16, 1938. [CHAPTER 599-3D SESSION] [H. R. 10785] AN ACT To amend the Perishable Agricultural Commodities Act, 1930, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 (a) of the Perishable Agricultural Commodities Act, 1930, as amended, is further amended by changing the semicolon at the end thereof to a period and adding the following language: "If, after the respondent has filed his answer to the complaint, it appears therein that the respondent has admitted liability for a portion of the amount claimed in the complaint as damages, the Secretary under such rules and regulations as he shall prescribe, unless the respondent has already made reparation to the person complaining, may issue an order directing the respondent to pay to the complainant the undisputed amount on or before the date fixed in the order, leaving the respondent's liability for the disputed amount for subsequent determination. The remaining disputed amount shall be determined in the same manner and under the same procedure as it would have been determined if no order had been issued by the Secretary with respect to the undisputed sum;". Approved, June 23, 1938. [CHAPTER 603-3D SESSION] [H. R. 7874] AN ACT To provide for the leasing of State, county, and privately owned lands for the purpose of furthering the orderly use, improvement, and development of grazing districts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior in his discretion is authorized to lease at rates to be determined by him any State, county, or privately owned lands chiefly valuable for grazing purposes and lying within the exterior boundaries of a grazing district when, in his judgment, the leasing of such lands will promote the orderly use of the district and aid in conserving the forage resources of the public lands therein: Provided, That no such leases shall run for a period of more than ten years and in no event shall the grazing fees paid the United States for the grazing privileges on any of the lands leased under the provisions of this section be less than the rental paid by the United States for any of such lands: Provided further, That nothing in this section shall be construed as authorizing the appropriation of any moneys except that moneys heretofore or hereafter appropriated for construction, purchase, and maintenance of range improvements within grazing districts, pursuant to the provisions of sections 10 and 11 of the Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976), may be made additionally available by Congress for the leasing of land under this Act. SEC. 2. That the lands leased under this Act shall be administered under the provisions of the Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976), commonly known as the Taylor Grazing Act. SEC. 3. That contributions received by the Secretary of the Interior under section 9 of the Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976), toward the administration, protection, and improvement of any district shall be additionally available for the leasing of lands under this Act. SEC. 4. All moneys received by the Secretary of the Interior in the administration of leased lands as provided in section 2 of this Act shall be deposited in the Treasury of the United States as miscellaneous receipts but are hereby made available when appropriated by the Congress, for the leasing of lands under this Act and shall not be distributed as provided under sections 10 and 11 of the Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976). Approved, June 23, 1938. [CHAPTER 675-3D SESSION] AN ACT To prohibit the movement in interstate commerce of adulterated and misbranded food, drugs, devices, and cosmetics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CHAPTER I-SHORT TITLE SECTION 1. This Act may be cited as the Federal Food, Drug, and Cosmetic Act. CHAPTER II-DEFINITIONS SEC. 201. For the purposes of this Act (a) The term "Territory" means any Territory or possession of the United States, including the District of Columbia and excluding the Canal Zone. (b) The term "interstate commerce" means (1) commerce between any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Territory not organized with a legislative body. (c) The term "Department" means the Department of Agriculture of the United States. (d) The term "Secretary" means the Secretary of Agriculture. (e) The term "person" includes individual, partnership, corporation, and association. (f) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. (g). The term "drug" means (1) articles recognized in the official United States Pharmacopoeia, official Homœopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any article specified in clause (1), (2), or (3); but does not include devices or their components, parts, or accessories. (h) The term "device" (except when used in paragraph (n) of this section and in sections 301 (i), 403 (f), 502 (c), and 602 (c)) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals. |