and the application of such provision to other persons or circumstances shall not be affected thereby. (Apr. 25, 1936, ch. 249, § 11, 49 Stat. 1242.) § 515k. Rules and regulations. The Secretary shall prescribe such rules and regulations as he may deem necessary to carry out the provisions of this chapter. (Apr. 25, 1936, ch. 249, § 12, 49 Stat. 1242.) § 516. Exportation of seeds or plants; permits. It shall be unlawful to export any tobacco seed and/or live tobacco plants from the United States or any Territory subject to the jurisdiction thereof, to any foreign country, port, or place, unless such exportation and/or transportation is in pursuance of a written permit granted by the Secretary of Agriculture. Such permit shall be granted by the Secretary only upon application therefor and after proof satisfactory to him that such seed or plants are to be used for experimental purposes only. (June 5, 1940, ch. 232, § 1, 54 Stat. 231.) APPROVAL OF PRESIDENT Act June 5, 1940, was received by the President May 23, 1940, and became law on June 5 under art. I, § 7, cl. 2, of the Constitution upon his failure to return it to Congress within 10 days, Sundays excepted. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 517 of this title. § 517. Same; penalties. Any persons violating any of the provisions of section 516 of this title shall be guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (June 5, 1940, ch. 232, § 2, 54 Stat. 231.) EFFECTIVE DATE Section effective June 5, 1940, see note set out under section 516 of this title. CROSS REFERENCES Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. Chapter 22.-AGRICULTURAL MARKETING S$ 521 to 535. Transferred. CODIFICATION Sections 521-535 were transferred to sections 11411141j of Title 12, Banks and Banking. Chapter 23.-FOREIGN AGRICULTURAL SERVICE 88541 to 545. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (56), 60 Stat. 1039. Sections 541-545, act June 5, 1930, ch. 399, 46 Stat. 497-499, related to the Foreign Agricultural Service. EFFECTIVE DATE OF REPEAL Repeal of sections was made effective three months following Aug. 13, 1946, by section 1141 of act Aug. 13, 1946, ch. 957, title XI, 60 Stat. 1040. Chapter 24.-PERISHABLE AGRICULTURAL 88 551 to 568. Transferred. CODIFICATION Sections 551-568 were transferred to sections 499a499r of this title. § 581. Standards of export; establishment; shipping without certificate forbidden; hearings. It shall be unlawful for any person to ship or offer for shipment or for any carrier, or any steamship company, or any person to transport or receive for transportation to any foreign destination, except as provided in this chapter, any apples and/or pears in packages which are not accompanied by a certificate issued under authority of the Secretary of Agriculture showing that such apples or pears are of a Federal or State grade which meets the minimum of quality established by the Secretary for shipment in export. The Secretary is authorized to prescribe, by regulations, the requirements, other than those of grade, which the fruit must meet before certificates are issued. The Secretary shall provide opportunity, by public hearing or otherwise, for interested persons to examine and make recommendation with respect to any standard of export proposed to be established or designated, or regulation prescribed, by the Secretary for the purposes of this chapter. (June 10, 1933, ch. 59, § 1, 48 Stat. 123.) § 582. Notice of establishment of standards; shipments under contracts made before adoption of standards. The Secretary shall give reasonable notice through one or more trade papers of the effective date of standards of export established or designated by him under this chapter: Provided, That any apples or pears may be certified and shipped for export in fulfillment of any contract made within six months prior to the date of such shipment if the terms of such contract were in accordance with the grades and regulations of the Secretary in effect at the time the contract was made. (June 10, 1933, ch. 59, § 2. 48 Stat. 123.) § 583. Foreign standards; certification of compliance. Where the government of the country to which the shipment is to be made has standards or requirements as to condition of apples or pears, the Secretary may in addition to inspection and certification for compliance with the standards established or designated hereunder inspect and certify for determination as to compliance with the standards or requirements of such foreign government and may (June provide for special certificates in such cases. 10, 1933, ch. 59, § 3, 48 Stat. 124.) § 584. Shipments of less than carload lots; exemptions. Apples or pears in less than carload lots as defined by the Secretary may, in his discretion, be shipped to any foreign country without complying with the provisions of this chapter. (June 10, 1933, ch. 59, § 4, 48 Stat. 124.) § 585. Fees for inspection and certification; certificates as prima facie evidence. For inspecting and certifying the grade, quality, and/or condition of apples and/or pears, the Secretary shall cause to be collected a reasonable fee which shall as nearly as may be cover the cost of the service rendered: Provided, That when cooperative arrangements satisfactory to the Secretary, or his designated representative, for carrying out the purposes of this chapter cannot be made the fees collected hereunder in such cases shall be available until expended to defray the cost of the service rendered, and in such cases the limitations on the amounts expended for the purchase and maintenance of motor-propelled passenger-carrying vehicles shall not be applicable: Provided further, That certificates issued by the authorized agents of the United States Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained. (June 10, 1933, ch. 59, § 5, 48 Stat. 124.) § 586. Refusal of certificates for violations of laws; penalties for violations. After opportunity for hearing the Secretary is authorized to refuse the issuance of certificates under this chapter for periods not exceeding ninety days to any person who ships or offers for shipment any apples and/or pears in foreign commerce in violation of any of the provisions of this chapter. Any person or any common carrier or any transportation agency knowingly violating any of the provisions of this chapter shall be fined not less than $100 nor more than $10,000 by a court of competent jurisdiction. (June 10, 1933, ch. 59, § 6, 48 Stat. 124.) § 587. Rules and regulations; cooperation with other agencies; compensation of officers and employees; effect on other laws. The Secretary may make such rules, regulations, and orders as may be necessary 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, whether operating in one or more jurisdictions; 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 rent outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses, including reporting services, as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere, and as may be appropriated for by Congress. 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 as they are inconsistent herewith or repugnant hereto. (June 10. 1933, ch. 59, § 7, 48 Stat. 124.) § 588. Separability of provisions. 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 of the application of such provision to other persons and circumstances shall not be affected thereby. (June 10, 1933, ch. 59, § 8, 48 Stat. 124.) § 589. Definitions. When used in this chapter (1) The term "person" includes individuals, partnerships, corporations, and associations. (2) The term "Secretary of Agriculture" means the Secretary of Agriculture of the United States. (3) Except as provided herein, the term "foreign commerce" means commerce between any State, or the District of Columbia, and any place outside of the United States or its possessions. (4) The term "apples and/or pears" means fresh whole apples or pears, whether or not they have been in storage. (June 10, 1933, ch. 59, § 9, 48 Stat. 124.) § 591. Standards of export; establishment; shipping without certificate forbidden; hearings. It shall be unlawful for any person to ship or offer for shipment or for any carrier, or any steamship company, or any person to transport or receive for transportation to any foreign destination, except as provided in this chapter, any grapes or plums of any variety in packages which are not accompanied by a certificate issued under authority of the Secretary showing that such grapes or plums are of a Federal or State grade which nieets the minimum of quality established for such variety by the Secretary for shipment in export. The Secretary is authorized to prescribe, by regulations, the requirements, other than those of grades, which the fruit must meet before certificates are issued. The Secretary shall provide opportunity, by public hearing or otherwise for interested persons to examine and make recommendation with respect to any standard of export proposed to be established or designated, or regulation prescribed, by the Secretary for the purposes of this chapter. (Pub. L. 86-687, § 1, Sept. 2, 1960, 74 Stat. 734; Pub. L. 87-105, § 1, July 26, 1961, 75 Stat. 220.) AMENDMENTS 1961-Pub. I. 87-105 inserted "of any variety" and "for such variety" after "any grapes or plums" and "minimum of quality established", respectively. § 592. Notice of establishment of standards; shipments under contracts made before adoption of standards. The Secretary shall give reasonable notice through one or more trade papers of the effective date of standards of export established or designated by him under this chapter: Provided, That any grapes or plums may be certified and shipped for export in fulfillment of any contract made within two months prior to the date of such shipment if the terms of such contract were in accordance with the grades and regulations of the Secretary in effect at the time the contract was made. (Pub. L. 86-687, § 2, Sept. 2, 1930, 74 Stat. 734.) § 593. Foreign standards; certification of compliance. Where the government of the country to which the shipment is to be made has standards or requirements as to condition of grapes and plums the Secretary may in addition to inspection and certification for compliance with the standards established or designated hereunder inspect and certify for determination as to compliance with the standards or requirements of such foreign government and may provide for special certificates in such cases. (Pub. L. 86-687, § 3, Sept. 2, 1960, 74 Stat. 734.) § 594. Exemption of minimum quantities. The Secretary may, by regulation, exempt from compliance with the provisions of this chapter (1) any variety or varieties of grapes and plums, and (2) the shipment of such minimum quantities of grapes and plums to any foreign country as he may prescribe. (Pub. L. 86-687, § 4, Sept. 2, 1960, 74 Stat. 734; Pub. L. 87-105, § 2, July 26, 1961, 75 Stat. 220.) AMENDMENTS 1961-Pub. L. 87-105 added clause (1) and designated existing provisions as clause (2). § 595. Fees for inspection and certification; certificates as prima facie evidence. For inspecting and certifying the grade, quality, or condition of grapes or plums the Secretary shall cause to be collected a reasonable fee which shall, as nearly as may be, cover the cost of the service rendered: Provided, That when cooperative arrangements satisfactory to the Secretary, or his designated representative, for carrying out the purposes of this chapter cannot be made the fees collected hereunder in such cases shall be available until expended to defray the cost of the service rendered, and in such cases the limitations on the amounts expended for the purchase and maintenance of motor-propelled passenger-carrying vehicles shall not be applicable: Provided further, That certificates issued by the authorized agents of the United States Department of Agriculture shall be received in all courts of the 47-500 0-71-vol. 1 -53 § 596. Refusal of certificates for violations of law; penalties for violations. After opportunity for hearing the Secretary is authorized to refuse the issuance of certificates under this chapter for periods not exceeding ninety days to any person who ships or offers for shipment any grapes or plums in foreign commerce in violation of any of the provisions of this chapter. Any person or any common carrier or any transportation agency violating any of the provisions of this chapter shall be fined not less than $100 nor more than $10,000 by a court of competent jurisdiction. (Pub. L. 86-687, § 6, Sept. 2, 1960, 74 Stat. 734.) § 597. Rules and regulations; cooperation with other agencies; compensation of officers and employees; effect on other laws. The Secretary may make such rules, regulations, and orders, and require such reports, as may be necessary 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, whether operating in one or more jurisdictions; 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 rent outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses including reporting services, as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere, and as may be appropriated for by Congress. 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 as they are inconsistent herewith or repugnant hereto. (Pub. L. 86-687, § 7, Sept. 2, 1960, 74 Stat. 735.) § 598. Separability of provisions. If any provision of the chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (Pub. L. 86-687, § 8, Sept. 2, 1960, 74 Stat. 735.) § 599. 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) Except as provided herein, the term "foreign commerce" means commerce between any State, or the District of Columbia, and any place outside of the United States or its possessions. (4) The term "grapes" means vinifera species table grapes, European type, whether or not they have been in storage. Orders regulating handling of commodity-Con. (14) Violation of order; penalty. (15) Petition by handler for modification of order or exemption; court review of ruling of Secretary. (16) Termination of orders and marketing (17) Provisions applicable to amendments (19) Producer or processor referendum for 608c-1. Repealed. 608d. Books and records; disclosure of information. 608e. Repealed. 608e-1. Import prohibitions on tomatoes, avocados, limes, etc.; rules and regulations. Repealed. 6081. 609. 604. 605, 606. Repealed. 607. 608. Borrowing money; expenditures; authority of Secretary. Sale by Secretary; additional options; validation of assignments; publication of information. 610. Processing tax; methods of computation; rate; what constitutes processing, publicity as to tax to avoid profiteering. Administration. (a) Appointment of officers and employees; impounding appropriations. (b) State and local committees or associations of producers; handlers' share of expenses of authority or agency. (c) Regulations; penalty for violation. (f) Geographical application. (g) Officers; dealing or speculating in agricultural products; penalties. (h) Adoption of Federal Trade Commission Act; hearings; report of violations to Attorney General. (1) Cooperation with State authorities; imparting information. 612a, 612b. Omitted. 612c. Appropriation to encourage exportation and domestic consumption of agricultural products. 612c-1. Authorization for appropriations to increase domestic consumption of surplus farm commodities. 613. 613a. 614. 615. Termination date; investigations and reports. Separability of provisions. Refunds of tax; exemptions from tax; compensating tax; compensating tax on foreign goods; covering into Treasury. Stock on hand when tax takes effect or terminates. Refund on goods exported; bond to suspend tax on commodity intended for export. (4) Penalties (5) Forfeitures. Existing contracts; imposition of tax on vendee; collection. DECLARATION OF CONDITIONS AND POLICY § 601. Declaration of conditions. It is declared that the disruption of the orderly exchange of commodities in interstate commerce impairs the purchasing power of farmers and destroys the value of agricultural assets which support the national credit structure and that these conditions affect transactions in agricultural commodities with a national public interest, and burden and obstruct the normal channels of interstate commerce. (May 12, 1933, ch. 25, title I, § 1, 48 Stat. 31; June 3, 1937, ch. 296, §§ 1, 2 (a), 50 Stat. 246.) SHORT TITLE Section 8 (a) of act June 16, 1933, ch. 90, 48 Stat. 199, provided in part that title I of act May 12, 1933, which is classified to this chapter, may for all purposes be referred to as the "Agricultural Adjustment Act." VALIDITY OF CERTAIN SECTIONS AFFIRMED Act June 3, 1937, ch. 296, §§ 1, 2, 50 Stat. 246, provided as follows: "The following provisions of the Agricultural Adjustment Act, as amended, not having been intended for the control of the production of agricultural commodities, and having been intended to be effective irrespective of the validity of any other provision of that Act are expressly affirmed and validated, and are reenacted without change except as provided in section 2: "(a) Section 1 (relating to the declaration of emergency [this section]): "(b) Section 2 (relating to declaration of policy [section 602 of this title]); "(c) Section 8a (5), (6), (7), (8), and (9) (relating to violations and enforcement [section 608a (5), (6), (7), (8), and (9) of this title]); "(d) Section 8b (relating to marketing agreements [section 608b of this title]); "(e) Section 8c (relating to orders [section 608c of this title]); "(f) Section 8d (relating to books and records [section 608d of this title]); "(g) Section 8e (relating to determination of base period [former section 608e of this title]); "(h) Section 10 (a), (b) (2), (c), (f), (g), (h), and (i) (miscellaneous provisions [section 610 (a), (b) (2), (c), (f), (g), (h), and (i) of this title]); "(1) Section 12 (a) and (c) (relating to appropriation and expenses [section 612 (a) and (c) of this title]); "(j) Section 14 (relating to separability [section 614 of this title)]; "(k) Section 22 (relating to imports [section 624 of this title]). "SEC. 2. The following provisions, reenacted in section I of this act, are amended as follows: [sections 601, 601 (1). 608a (6), 608c (5) (B) (d), (6) (B) (18), (19), 610 (c), (f), 612 (a) ].” Section 2 of act June 3, 1937, also added subdivision (j) to section 610. Section 2 of act June 3, 1937, was amended by act Aug. 5, 1937, ch. 567, 50 Stat. 563, which amending act provided for amendments to subdivs. (2) and (6) of section 608c of this title SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 672, 673 of this title. § 602. Declaration of policy; establishment of price basing period; marketing standards; orderly supply flow; circumstances for continued regulation. It is declared to be the policy of Congress (1) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for agricultural commodi ties in interstate commerce as will establish, as the prices to farmers, parity prices as defined by section 1301 (a) (1) of this title. (2) To protect the interest of the consumer by (a) approaching the level of prices which it is declared to be the policy of Congress to establish in subsection (1) of this section by gradual correction of the current level at as rapid a rate as the Secretary of Agriculture deems to be in the public interest and feasible in view of the current consumptive demand in domestic and foreign markets, and (b) authorizing no action under this chapter which has for its purpose the maintenance of prices to farmers above the level which it is declared to be the policy of Congress to establish in subsection (1) of this section. (3) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such production research, marketing research, and development projects provided in section 608c (6) (I) of this title, such container and pack requirements provided in section 608c (6) (H) of this title, such minimum standards of quality and maturity and such grading and inspection requirements for agricultural commodities enumerated in section 608c (2) of this title, other than milk and its products, in interstate commerce as will effectuate such orderly marketing of such agricultural commodities as will be in the public interest. (4) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for any agricultural commodity enumerated in section 608c (2) of this title as will provide, in the interests of producers and consumers, an orderly flow of the supply thereof to market throughout its normal marketing season to avoid unreasonable fluctuations in supplies and prices. (5) Through the exercise of the power conferred upon the Secretary of Agriculture under this chapter, to continue for the remainder of any marketing season or marketing year, such regulation pursuant to any order as will tend to avoid a disruption of the orderly marketing of any commodity and be in the public interest, if the regulation of such commodity under such order has been initiated during such marketing season or marketing year on the basis of its need to effectuate the policy of this chapter. (May 12, 1933, ch. 25, title I, § 2, 48 Stat. 32; Aug. 24, 1935, ch. 641, §§ 1, 62, 49 Stat. 750, 782; June 3, 1937, ch. 296, §§ 1, 2 (b), 50 Stat. 246, 247; Aug. 1, 1947, ch. 425, § 1, 61 Stat. 707; July 3, 1948, ch. 827, title III, § 302 (a), 62 Stat. 1257; Aug. 28, 1954, ch. 1041, title IV, § 401(a), 68 Stat. 906; Aug. 8, 1961, Pub. L. 87-128, title I, § 141(1), 75 Stat. 303; Nov. 8, 1965, Pub. L. 89-330, § 1(a), 79 Stat. 1270; June 25, 1970, Pub. L. 91-292, § 1(1), 84 Stat. 333.) AMENDMENTS 1970 Subsec. (3). Pub. L. 91-292 added the authority to establish and maintain the production research, marketing research, and development projects provided in section 608c(6) (I) of this title. 1965 Subsec. (3). Pub. L. 89-330 inserted "such container and pack requirements provided in section 608c (6) (H) of this title." |