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7 U.S.C. § 511 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** “Person” includes partnerships, associations, and corporations, as well as individuals.
**(b)** “Secretary” means the Secretary of Agriculture of the United States.
**(c)** “Inspector” means any person employed, licensed, or authorized by the Secretary to determine and certify the type, grade, condition, or other characteristics of tobacco.
**(d)** “Sampler” means any person employed, licensed, or authorized by the Secretary to select, tag, and seal official samples of tobacco.
**(e)** “Weigher” means any person employed, licensed, or authorized by the Secretary to weigh and certify the weight of tobacco.
**(f)** “Tobacco” means tobacco in its unmanufactured form.
**(g)** “Auction market” means a market or place to which tobacco is delivered by the producers thereof, or their agents, for sale at auction through a warehouseman or commission merchant.
**(h)** Words in the singular form shall be deemed to import the plural form when necessary.
**(i)** “Commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. For the purposes of this chapter (but not in any wise limiting the foregoing definition) a transaction in respect to tobacco shall be considered to be in commerce if such tobacco is part of that current of commerce usual in the tobacco industry whereby tobacco or products manufactured therefrom are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general
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Source location: Title 7, Chapter 21A, § 511; chapter-21a-tobacco-inspection.md
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When used in this chapter—
**(a)** “Person” includes partnerships, associations, and corporations, as well as individuals.
**(b)** “Secretary” means the Secretary of Agriculture of the United States.
**(c)** “Inspector” means any person employed, licensed, or authorized by the Secretary to determine and certify the type, grade, condition, or other characteristics of tobacco.
**(d)** “Sampler” means any person employed, licensed, or authorized by the Secretary to select, tag, and seal official samples of tobacco.
**(e)** “Weigher” means any person employed, licensed, or authorized by the Secretary to weigh and certify the weight of tobacco.
**(f)** “Tobacco” means tobacco in its unmanufactured form.
**(g)** “Auction market” means a market or place to which tobacco is delivered by the producers thereof, or their agents, for sale at auction through a warehouseman or commission merchant.
**(h)** Words in the singular form shall be deemed to import the plural form when necessary.
**(i)** “Commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. For the purposes of this chapter (but not in any wise limiting the foregoing definition) a transaction in respect to tobacco shall be considered to be in commerce if such tobacco is part of that current of commerce usual in the tobacco industry whereby tobacco or products manufactured therefrom are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State or for manufacture within the State and the shipment outside the State of the products resulting from such manufacture. Tobacco normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter. For the purpose of this paragraph the word “State” includes Territory, the District of Columbia, possession of the United States, and foreign nations.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **In general** — Not later than March 31, 2002, the Secretary of Agriculture (referred to in this section as the “Secretary”) shall conduct referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 ([7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.) to determine whether such producers favor the mandatory grading of that kind of tobacco by the Secretary.
(2) **Mandatory grading**
(A) *In general* — If the Secretary determines that mandatory grading is favored by a majority of the producers of a kind of tobacco voting in the referendum, the Secretary is authorized and directed to ensure that the kind of tobacco is graded at the time of sale effective for the 2002 and subsequent marketing years.
(B) *Fees* — To the maximum extent practicable, the Secretary shall establish, collect, and use fees for the grading of tobacco required under this section in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act ([7 U.S.C. 511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section511&num=0&edition=prelim) et seq.).
(3) **Judicial review** — A determination by the Secretary under this section shall not be subject to judicial review.
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Federal law — U.S. Code and appendices · legal_authorities
Page 435
TITLE 7—AGRICULTURE
§ 511d
Sec.
511i.
Offenses.
511j.
Publication of violations.
511k.
Penalty for violations.
511l.
Act of agent as that of principal.
511m.
Regulation; hearings; employees; expendi-
tures; authorization of appropriations.
511n.
Hearings; examination of witnesses; refusal
to testify or produce evidence.
511o.
Separability.
511p.
Delegation of duties by Secretary of Agri-
culture.
511q.
Short title.
511r.
Repealed.
511s.
Grading of tobacco.
§ 511. Definitions
When used in this chapter—
(a) ‘‘Person’’ includes partnerships, associa-
tions, and corporations, as well as individuals.
(b) ‘‘Secretary’’ means the Secretary of Agri-
culture of the United States.
(c) ‘‘Inspector’’ means any person employed,
licensed, or authorized by the Secretary to de-
termine and certify the type, grade, condition,
or other characteristics of tobacco.
(d) ‘‘Sampler’’ means any person employed, li-
censed, or authorized by the Secretary to select,
tag, and seal official samples of tobacco.
(e) ‘‘Weigher’’ means any person employed, li-
censed, or authorized by the Secretary to weigh
and certify the weight of tobacco.
(f) ‘‘Tobacco’’ means tobacco in its unmanu-
factured form.
(g) ‘‘Auction market’’ means a market or
place to which tobacco is delivered by the pro-
ducers thereof, or their agents, for sale at auc-
tion through a warehouseman or commission
merchant.
(h) Words in the singular form shall be deemed
to import the plural form when necessary.
(i) ‘‘Commerce’’ means commerce between any
State, Territory, or possession, or the District of
Columbia, and any place outside thereof; or be-
tween points within the same State, Territory,
or possession, or the District of Columbia, but
through any place outside thereof; or w
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