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provide for rental or benefit payments, is directed to provide in any agreement entered into by him with any rice producer pursuant to such subsection, upon such terms and conditions as the Secretary determines will best effectuate the declared policy of this title, that the producer may pledge for production credit in whole or in part his right to any rental or benefit payments under the terms of such agreement and that such producer may designate therein a payee to receive such rental or benefit payments.
(9) Under regulations of the Secretary of Agriculture requiring adequate facilities for the storage of any nonperishable agricultural commodity on the farm, inspection and measurement of any such commodity so stored, and the locking and sealing thereof, and such other regulations as may be prescribed by the Secretary of Agriculture for the protection of such commodity and for the marketing thereof, a reasonable percentage of any benefit payment may be advanced on any such commodity so stored. In any such case, such deduction may be made from the amount of the benefit payment as the Secretary of Agriculture determines will reasonably compensate for the cost of inspection and sealing but no deduction may be made for interest. (May 12, 1933, Title I, sec. 8, 48 Stat. 34; Apr. 7, 1934, sec. 7, 48 Stat. 528; May 9, 1934, sec. 14, 48 Stat. 676; Mar. 18, 1935, sec. 7, 49 Stat. 46; Aug. 24, 1935, secs. 2, 47, 49 Stat. 751, 753–762; 7 U. S. C., sec. 608.)
630-6. Surrender of warehoused goods without receipt; penalties for violation.--No person operating a public warehouse for the storage of any basic agricultural commodity in the current of interstate or foreign commerce shall deliver any such commodity upon which a warehouse receipt has been issued and is outstanding without prior surrender and cancelation of such warehouse receipt, except that any person operating a country public grain warehouse or warehouses may, because of lack of sufficient space to accommodate all depositors, move storage grain out of such warehouse or warehouses to another warehouse for continuous storage, under such regulations as the Secretary of Agriculture may prescribe. A non-negotiable warehouse receipt shall be issued by the warehouseman to whom the grain was shipped, and said receiving warehouseman shall give such guaranty and shall store such grain under such regulations as the Secretary of Agriculture may prescribe to assure delivery to the rightful owner of such grain in the amount, and of the kind, quality, and grade called for by his receipts. Any warehouseman who intends to ship grain while his original receipt is outstanding must recite in his receipt both the name and address of his warehouse as well as that of the warehouse to which the grain may be shipped for further storage. All grain shipped under this section must be shipped under a non-negotiable bill of lading. Any person violating any of the provisions of this subsection shall
, upon conviction, be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both. This Act shall not be construed as amending or changing in any manner the United States Warehouse Act of August 11, 1916, as amended. (May 12, 1933, Title I, sec. 8 (5), 48 Stat. 35, as amended Aug. 24, 1935, sec. 7, 49 Stat. 762; Oct. 8, 1940, 54 Stat. 1019; 7 U. S. C., sec 608f and sec. 608f note.)
630–7. "Basic agricultural commodity" defined; exclusion of commodities.-As used in this title, the term “basic agricultural commodity" means wheat, rye, flax, barley, cotton, field corn, grain sorghums, hogs, cattle, rice, potatoes, tobacco, sugar beets and sugarcane, peanuts, and milk and its products, and any regional or market classification, type, or grade thereof; but the Secretary of Agriculture shall exclude from the operation of the provisions of this title, during any period, any such commodity or classification, type, or grade thereof if he finds, upon investigation at any time and after due notice and opportunity for hearing to interested parties, that the conditions of production, marketing, and consumption are such that during such period this title can not be effectively administered to the end of effectuating the declared policy with respect to such commodity or classification, type, or grade thereof. As used in this title, the term "potatoes' means all
varieties of potatoes included in the species Solanum tuberosum. (May 12, 1933, Title I, sec. 11, 48 Stat. 38; Apr. 7, 1934, secs. 1, 3 (b), 4, 5, 48 Stat. 528; May 9, 1934, sec. 1, 48 Stat. 670; Aug. 24, 1935, sec. 61, 49 Stat. 782; 7 U. S. C., sec. 611.)
630_8. Appropriation; use of revenues derived from taxes; administrative expenses, what included.-(a) There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000,000 to be available to the Secretary of Agriculture for administrative expenses under this title and for payments authorized to be made under section 8. Such sum shall remain available until expended.
To enable the Secretary of Agriculture to finance, under such terms and conditions as he may prescribe, surplus reductions with respect to the dairy- and beef-cattle industries, and to carry out any of the purposes described in subsections (a) and (b) of this section (12) and to support and balance the markets for the dairy and beef cattle industries, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000,000 : Provided, That not more than 60 per centum of such amount shall be used for either of such industries.
(c) The administrative expenses provided for under this section shall include, among others, expenditures for personal services and rent in the District of Columbia and elsewhere, for law books and books of reference, for contract stenographic reporting services, and for printing and paper in addition to allotments under the existing law. The Secretary of Agriculture shall transfer to the Treasury Department, and is authorized to transfer to other agencies, out of funds available for administrative expenses under this title, such sums as are required to pay administrative expenses incurred and refunds made by such department or agencies in the administration of this title. (May 12, 1933, Title I, sec. 12, 48 Stat. 38; Apr. 7, 1934, sec. 2, 48 Stat. 528; Aug. 24, 1935, secs. 3, 19, 49 Stat. 753, 768; June 3, 1937, secs. 1, 2 (i), 50 Stat. 246, 248; 7 U. S. C., sec. 612, 612 note.)
630–9. Surplus commodities; export indemnity, diversion and purchase provisions. There is hereby appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both
inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the abovespecified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes of this section. Notwithstanding any other provision of this section, the amount that may be devoted, during any fiscal year after June 30, 1939, to any one agricultural commodity or the products thereof in such' fiscal year, shall not exceed 25 per centum of the funds available under this section for such fiscal year. (Aug. 24, 1935, sec. 32, 49 Stat. 774 as amended Feb. 29, 1936, sec. 2, 49 Stat. 1151; Feb. 16, 1938, sec. 203, 52 Stat. 38; June 30, 1939,' Title I, 53 Stat. 975; 7 U. S. C., sec. 612c. See paragraphs 630–185, 630–188, 630–203, 630204, this volume for further legislation in re surplus commodities.)
630–10. Termination of chapter.—This title shall cease to be in effect whenever the President finds and proclaims that the national economic emergency in relation to agriculture has been ended; and pending such time the President shall by proclamation terminate with respect to any basic agriculture commodity such provisions of this title as he finds are not requisite to carrying out the declared policy with respect to such commodity. In the case of sugar beets and sugarcane, the taxes provided by this title shall cease to be in effect, and the powers vested in the President or in the Secretary of Agriculture shall terminate on December 31, 1937, unless this title ceases to be in effect at an earlier date, as hereinabove provided. (May 12, 1933, sec. 13, 48 Stat. 39; May 9 ,1934, sec. 15, 48 Stat. 677; Aug. 24, 1935, sec. 20, 49 Stat. 768; 7 U. S. C., sec. 613.)
630–11. Separability clause. If any provision of this title is declared unconstitutional, or the applicability thereof to any person, circumstance, or commodity is held invalid the validity of the remainder of this title and the applicability thereof to other persons, circumstances, or commodities shall not be affected thereby. (May 12, 1933, Title I, sec. 14, 48 Stat. 39; 7 U. S. C., sec. 614.)
AGRICULTURAL MARKETING AGREEMENT ACT OF 1937
NOTE.—This compilation is intended to indicate the present status of legislation by Congress relating to marketing agreements and orders regulating the handling of agricultural commodities in interstate and foreign commerce. The Agricultural Marketing Agreement Act of 1937, approved June 3, 1937, 50 Stat. 246, reenacted and amended certain provisions of the Agricultural Adjustment Act of 1933, as amended, relating to marketing agreements and orders.
In the interest of clarity and economy a departure has been made from the style and form of The Laws Applicable in the presentation of this legislation. The provisions of section 2 of the Agricultural Marketing Agreement Act of 1937 are not set out haec verba. They are, however, incorporated in the body of the provisions of the Agricultural Adjustment Act, as amended, which they amend.
Statutory and code references to the respective paragraphs of the compilation are cited at the end of each complete section. For a fully annotated compilation of this legislation, see Annotated Compilation of Agricultural Marketing Agreement Act of 1937, Government Printing Office : 1937.
630–12. Reenactment of certain provisions of Agricultural Adjustment Act.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that 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: (June 3, 1937, sec. 1, 50 Stat. 246; 7 U. S. C., sec. 601 note.)
630–13. Declaration of conditions.-(a) Section 1 (relating to the declaration of emergency): It is hereby 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, sec. 1, 48 Stat. 31, as amended June 3, 1937, by secs. 1, 2 (a), 50 Stat. 246; 7 U. S. C., sec. 601.)
630–14. Declaration of policy.—(b) Section 2 (relating to declaration of policy);
It is hereby declared to be the policy of Congress
(1) Through the exercise of the powers conferred upon the Secretary of Agriculture under this title, to establish and maintain such orderly marketing conditions for agricultural commodities in interstate commerce as will establish prices to farmers at a level that will give agricultural commodities a purchasing power with respect to articles that farmers buy, equivalent to the purchasing power of agricultural commodities in the base period; and, in the case of all commodities for which the base period is the pre-war period, August 1909 to July 1914, will also reflect current interest payments per acre on farm indebtedness secured by real estate and tax payments per acre on farm real estate, as contrasted with such interest payments and tax payments during the base period. The base period in the case of all agricultural commodities except tobacco and potatoes shall be the prewar period, August 1909-July 1914. In the case of tobacco and potatoes, the base period shall be the postwar period, August 1919-July 1929.
(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 title 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. (May 12, 1933, sec. 2, 48 Stat. 32, as amended Aug. 24, 1935, secs. 1, 62, 49 Stat. 750, 782; June 3, 1937, secs. 1, 2 (b), 50 Stat. 246, 217, 7 U. S. C., sec, 602.)
630–16. Penalties for exceeding quotas; jurisdiction of courts; duties of district attorney; additional remedies; term “person" defined.-(c) Section 8a (5), (6), (7), (8), and (9) relating to violations and enforcement); (5) any person willfully exceeding any quota or allotment fixed for him under this title by the Secretary of Agriculture, and any other person knowingly participating, or aíding, in the exceeding of said quota or allotment, shall forfeit to the United States a sum equal to three times the current market value of such excess, which forfeiture shall be recoverable in a civil suit brought in the name of the United States.
(6) The several district courts of the United States are hereby vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any order, regulation, or agreement, heretofore or hereafter made or issued pursuant to this title, in any proceeding now pending or hereafter brought in said courts.
(7) Upon the request of the Secretary of Agriculture, it shall be the duty of the several district attorneys of the United States, in their respective districts, under the directions of the Attorney General, to institute proceedings to enforce the remedies and to collect the forfeitures provided for in, or pursuant to, this title. Whenever the Secretary, or such officer or employee of the Department of Agriculture as he may designate for the purpose, has reason to believe that any handler has violated, or is violating, the provisions of any order or amendment thereto issued pursuant to this title, the Secretary shall have power to institute an investigation and, after due notice to such handler, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the Attorney General for appropriate action.
(8) The remedies provided for in this section shall be in addition to, and not exclusive of, any of the remedies or penalties provided for elsewhere in this title or now or hereafter existing at law or in equity.
(9) The term “person" as used in this title includes an individual, partnership, corporation, association, and any other business unit. (May 12, 1933, Title I, sec. 8, 48 Stat. 34, as amended May 9, 1934, sec. 4, 48 Stat. 672; Aug. 24, 1935, secs. 9, 10, 49 Stat. 762; June 3, 1937, secs. 1, 2 (c), 50 Stat. 246, 247; 7 U. S. C., secs. 608a, 608a note.)
630-16. Marketing agreements; exemption from antitrust laws; loans from Reconstruction Finance Corporation.---(d) Section 8b (relating to marketing agreements).-In order to effectuate the declared policy of this title, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others en