July 12, 1943, ch. 215, § 1, 57 Stat. 398; June 28, 1944, ch. 296, § 1, 58 Stat. 430; May 5, 1945, ch. 109, § 1, 59 Stat. 140; June 22, 1946, ch. 445, § 1, 60 Stat. 274; July 30, 1947, ch. 356, Title I, § 1, 61 Stat. 527; June 19, 1948, ch. 543, Title I, § 1, 62 Stat. 572; June 29, 1949, ch. 280, Title I, § 101, 63 Stat. 328.)

§ 414. Investigation and certification of condition, etc., of any agricultural commodity or food product offered for interstate shipment.-Investigations and certification are authorized, in one or more jurisdictions, to shippers and other interested parties of the class, quality, and condition of any agricultural commodity or food product, whether raw, dried, canned, or otherwise processed, and any product containing an agricultural commodity or derivative thereof when offered for interstate shipment or when received at such important central markets as the Secretary may from time to time designate, or at points which may be conveniently reached therefrom under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered. (As amended June 30, 1949, ch. 253, Title I, 53 Stat. 968; June 25, 1940, ch. 421, § 1, 54 Stat. 555; July 1, 1941, ch. 267, § 1, 55 Stat. 431; July 22, 1942, ch. 516, § 1, 56 Stat. 687; July 12, 1943, ch. 215, § 1, 57 Stat. 421; June 28, 1944, ch. 296, § 1, 58 Stat. 453; May 5, 1945, ch. 109, § 1, 59 Stat. 158; June 22, 1946, ch. 445, § 1, 60 Stat. 290; July 30, 1947, ch. 356, Title I, § 1, 61 Stat. 543; June 19, 1948, ch. 543, Title I, § 1, 62 Stat. 527; June 29, 1949, ch. 280, Title I, § 101, 63 Stat. 343.)

Amendments. -Act July 30, 1947, cited to text, broadened section to include any agricultural commodity.

Act June 22, 1946, cited to text, amended section by omitting provisions relating to the Secretary's cooperation with other Government and State agencies, boards of trade, trade organizations, etc.

Act May 5, 1945, cited to text, amended section by eliminating the provisos which provided for reimbursement of employees for use of private vehicles, and the certificates of authorized agents as prima facie evidence.

Act July 12, 1943, cited to text, substituted "Secretary" for "Secretary of Agriculture".

Cross References. - Investigation of quality and condition of produce received in interstate commerce, see sections 492, 499n of this title.

and investigations available to the public through dedication, assignment to the Government, or such other means as the Secretary shall determine.

(b) In order to carry out further the purposes of section 427 of this title, other than research on utilization of agricultural commodities and the products thereof, and in addition to all other appropriations authorized by sections 427-427j of this title, there is authorized to be appropriated for cooperative research with the State agricultural experiment stations and such other appropriate agencies as may be mutually agreeable to the Department of Agriculture and the experiment stations concerned, the following sums:

(1) $1,500,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year. (2) An additional $1,500,000 for the fiscal year ending June 30, 1948, and each subsequent fiscal year.

(3) An additional $1,500,000 for the fiscal year ending June 30, 1949, and each subsequent fiscal year.

(4) An additional $1,500,000 for the fiscal year ending June 30, 1950, and each subsequent fiscal year.

(5) In addition to the foregoing such additional funds beginning with the fiscal year ending June 30, 1951, and thereafter, as the Congress may deem necessary.

(c) The Secretary may incur necessary administrative expenses not to exceed 3 per centum of the amount appropriated in any fiscal year in carrying out this section, including the specific objects of expense enumerated in section 427b of this title.

(d) The "Special research fund, Department of Agriculture," provided by section 427c of this title, shall continue to be available solely for research into laws and principles underlying basic problems of agriculture in its broadest aspects; research relating to the improvement of the quality of, and the development of, new and improved methods of production of, distribution of, and new and extended uses and markets for, agricultural commodities and byproducts and manufactures thereof; and research relating to the conservation, development, and use of land and water resources for agricultural purposes. Such research shall be in addition to research provided for under other law (but both activities shall be coordinated so far as practicable) and shall be conducted by such agencies of the Department of Agriculture as the Secretary of Agriculture may designate or establish. (June 29, 1935, ch. 338, § 10, as added Aug. 14, 1946, ch. 966, Title I, § 101, 60 Stat. 1085.)

§ 427j. Same; use of funds for market research projects; report to Congress.-Notwithstanding any other provision of sections 427-427j of this title, (1) not less than 20 per centum of the funds appropriated under section 427h(a) of this title shall be used by State agricultural experiment stations for conducting marketing research projects approved by the Department of Agriculture, and (2) cooperative research projects provided for under sections 427h(b) (3) and 427i(b) of this title shall be carried out under cooperative agreements between the Secretary of Agriculture and the cooperating agencies and shall include appropriate provisions for preventing duplication or overlapping of work within the State or States cooperating. Should duplication or overlapping occur subsequent to approval of a cooperative research project, the Secretary of Agriculture is authorized and directed to withhold unexpended balances on such projects notwithstanding the prior approval thereof. The Secretary of Agriculture shall include in his annual report to Congress a complete statement of research work being performed under contracts or cooperative agreements under sections 427-427j of this title, showing the names of the agencies cooperating and the amounts expended thereon, segregated by Federal and non-Federal funds. (June 29, 1935, ch. 338, § 11, as added Aug. 14, 1946, ch. 966, Title I, § 101, 60 Stat. 1086, and amended July 31, 1947, ch. 412, 61 Stat. 694.)

1947 amendment.-Act July 31, 1947, cited to text, amended section by striking out words "authorized to be" wherever appearing.

§ 428. Option to purchase lands. - The Secretary of Agriculture is authorized to expend from appropriations available for the purchase of lands not to exceed $1 for each option to purchase any particular tract or tracts of land. (June 25, 1940, ch. 421, § 1, 54 Stat. 532; July 1, 1941, ch. 267, § 1, 55 Stat. 408; July 22, 1942, ch. 516, § 1, 56 Stat. 665; July 12, 1943, ch. 215, § 1, 57 Stat. 392; June 28, 1944, ch. 296, § 1, 58 Stat. 426; May 5, 1945, ch. 109, § 1, 59 Stat. 136; June 22, 1946, ch. 445, § 1, 60 Stat. 271; July 30, 1947, ch. 356, Title I, § 1, 61 Stat. 523; June 19, 1948, ch. 543, Title I, § 1, 62 Stat. 508; June 29, 1949, ch. 280, Title I, § 101, 63 Stat. 325.)

Adjustment of title to lands under jurisdiction of Secretary of Agriculture, see section 567 of Title 5, Executive Departments and Government Officers and Employees.

§ 433. Domestic raising of fur-bearing animals; classification.-For the purposes of all classification and administration of Acts of Congress, Executive orders, administrative orders, and regulations pertaining to

(a) fox, rabbit, mink, chinchilla, marten, fisher, muskrat, karakul and all other fur-bearing animals, raised in captivity for breeding or other useful purposes shall be deemed domestic animals;

(b) such animals and the products thereof shall be deemed agricultural products; and

(c) the breeding, raising, producing, or marketing of such animals or their products by the producer shall be deemed an agricultural pursuit. (Apr. 30, 1946, ch. 242, § 1, 60 Stat. 127.)

Effective date. - Section 3 of Act Apr. 30, 1946, cited to text, provided that this section and section 434 of this title should become effective sixty days after Apr. 30, 1946.

§ 434. Same; transfer of functions, appropriations, records and property to Secretary of Agriculture. - (a) All the functions of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior, which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestically raised fur-bearing animals, or products thereof, are transferred to and vested in the Secretary of Agriculture.

(b) Appropriations and unexpended balances of appropriations, or parts thereof, which the Director of the Budget determines to be available for expenditure for the administration of any function transferred by this section and section 433 of this title, shall be avail

able for expenditure for the continued administration of such func

tion by the officer to whom such function is so transferred.

(c) All records and property (including office furniture and equipment) under the jurisdiction of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior used primarily in connection with the administration of functions transferred by said sections are transferred to the jurisdiction of the Secretary of Agriculture. (Apr. 30, 1946, ch. 242, § 2, 60 Stat. 127.) Effective date, see note set out under section 433 of this title.

§ 435. Employment of aliens. - Provisions of law prohibiting or restricting the employment of aliens shall not apply to (1) the temporary employment of translators when competent citizen translators are not available; (2) employment in cases of emergency of persons in the field service of the Department for periods of not more than sixty days; (3) employment under the appropriation for the Office of Foreign Agricultural Relations. (July 30, 1947, ch. 356, Title I, § 4, 61 Stat. 548; June 19, 1948, ch. 543, Title I, § 4, 62 Stat. 530; June 29. 1949, ch. 280, Title III, § 302, 63 Stat. 348.)

§ 436. Transfer of Army Remount Service to Department of Agriculture; effective date. In the interests of economy and efficiency, the records, property, real and personal, and civilian personnel of the Remount Service of the Quartermaster Corps, Department of the Army, are transferred to the Department of Agriculture, effective July 1, 1948. Prior to that date, the Secretary of the Army and the Secretary of Agriculture shall enter into a written agreement on the property and the personnel covered by this transfer. (Apr. 21, 1948, ch. 224, § 1, 62 Stat. 197.)

§ 437. Same; improvement in horse breeding; acquisition of breeding stock and facilities; fees; cooperation with other organizations. The Secretary of Agriculture is authorized to receive the property transferred by section 436 of this title and is directed to administer it in such manner as he deems will best advance the livestock and agricultural interests of the United States, including improvement in the breeding of horses suited to the needs of the United States; the acquisition by purchase in the open market, exchange, hire, or donation of breeding stock, and necessary land, buildings, and facilities; the use of horses in the improvement of the supply of horses available in agriculture; the demonstration of the quality and usefulness of horses through participation in and lending for use in fairs, shows, and other events, or otherwise; the loan, sale, or hire of animals or animal products through such arrangements and subject to such fees as are deemed necessary by the Secretary to accomplish the purposes of sections 436-438 of this title, and, in carrying out such program, the Secretary is authorized to cooperate with public and private organizations and individuals under such rules and regulations as are deemed by him to be necessary. (Apr. 21, 1948, ch. 224, § 2, 62 Stat. 197.)

Appropriations; abolition of Army remount program. Section 4 of Act April 21, 1948, cited to text, provided: "There is hereby authorized to be appropriated to the Department of Agriculture such funds as may be necessary to carry out this Act [sections 436-438 of this title]. The authority of the Department of the Army to conduct a remount breeding program is hereby abolished. Funds appropriated pursuant to this Act [said sections) shall be available for necessary administrative expenses, including personal services in the District of Columbia, printing and binding, and purchase or hire of passenger motor vehicles."

§ 438. Same; compensation of retired Army officer employees.Notwithstanding the limitations contained in existing law, retired officer personnel of the Department of the Army, if employed by the Department of Agriculture for the purposes of sections 436-438 of this title only, may receive in addition to their retired pay civilian salary to the extent that the total from both sources does not exceed the pay and allowances received by such persons in the permanent grade last held by them prior to retirement. (Apr. 21, 1948, ch. 224, § 3, 62 Stat. 197.)

Codification. - Section is from the second sentence of section 3 of Act Apr. 21, 1948, cited to text. The first sentence of said section expires June 30, 1949 and is set out as a note under this section.

Detail of military personnel until December 31, 1949. -The first sentence of section 3 of Act Apr. 21, 1948, cited to text, as amended June 29, 1949, ch. 280, Title I, § 101, 63 Stat. 331, provided that: "Until December 31, 1949, the Secretary of the Army may detail to the Department of Agriculture such military personnel, including officers in the Veterinary Corps of the Medical Department, as he may determine with the Secretary of Agriculture to be desirable to effectuate the purposes of this Act [sections 436-438 of this title) or to safeguard the interest of the United States."

§ 439. Operation of Government-owned alcohol plants; location; transfer of plants. - For the purpose of assuring their operation for the production of products from agricultural commodities in order to provide a means of discharging the responsibility of the Department of Agriculture in connection with surplus agricultural commodities, research, and other authorized activities, and to assist in providing an adequate supply of alcohol and other products produced from agricultural commodities necessary for the national defense, (1) the Reconstruction Finance Corporation, as successor to Defense Plant Corporation, shall transfer, without regard to the provisions of the Surplus Property Act of 1944 and without reimbusement or transfer of funds, to the Secretary of Agriculture all of its right, title, and interest in and to the alcohol plant established and constructed by Defense Plant Corporation at Muscatine, Iowa, the property, together with the equipment, records, facilities, and other property appurtenant thereto; and (2) the War Assets Administration shall transfer to the Secretary of Agriculture without regard to the provisions of the Surplus Property Act of 1944 and without reimbursement or transfer of funds the alcohol plants at Kansas City, Missouri, and Omaha, Nebraska, together with the land, equipment, facilities, and other property appurtenant thereto. (July 2, 1948, ch. 818, § 1, 62 Stat. 1234.)

References in text. - The Surplus Property Act of 1944 referred to in the text is classified to sections 1611-1614 and 1615-1646 of Appendix to Title 50, War and National Defense.

§ 439a. Powers and duties of Secretary of Agriculture. - In carrying out the purposes of sections 439-439e of this title the Secretary is authorized, upon such terms and conditions as he deems reasonable, and notwithstanding the provisions of any other law

(a) to provide for the operation of such plants by lease or other arrangement:

(b) to operate such plants, where operation by others will not, in