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7 U.S.C. § 55 — Fees and charges for cotton classing and related services; criteria; disposition of moneys and samples
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Agriculture shall cause to be collected such fees and charges for licenses issued to classifiers of cotton under [section 53 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section53&num=0&edition=prelim), for determinations made under [section 54 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section54&num=0&edition=prelim), and for the establishment of standards and sale of copies of standards under sections 56, 57, and 57a of this title, as will cover, as nearly as practicable, and after taking into consideration net proceeds from any sale of samples, the costs incident to providing services and standards under such sections, including administrative and supervisory costs. The Secretary may provide by regulation conditions under which cotton samples submitted or used in the performance of services authorized by this chapter shall become the property of the United States and may be sold with the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Any fees or charges, late payment penalties, or proceeds from the sales of samples collected under this subsection, and any interest earned through the investment of such funds shall be credited to the current appropriation account that incurs the costs of the services provided under this chapter, and shall remain available without fiscal year limitation to pay the expenses of the Secretary incident to providing services and standards under this chapter and [section 15b of this title](https://uscode.house.gov/view.xhtml?req=gr
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Source file: Laws/federal/codes/united-states-code/title-7/section-55-fees-and-charges-for-cotton-classing-and-related-services-criteria-dispo--d6771fb26d.md
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Source location: Title 7, Chapter 2, § 55; chapter-002-cotton-standards.md
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**(a)** The Secretary of Agriculture shall cause to be collected such fees and charges for licenses issued to classifiers of cotton under [section 53 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section53&num=0&edition=prelim), for determinations made under [section 54 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section54&num=0&edition=prelim), and for the establishment of standards and sale of copies of standards under sections 56, 57, and 57a of this title, as will cover, as nearly as practicable, and after taking into consideration net proceeds from any sale of samples, the costs incident to providing services and standards under such sections, including administrative and supervisory costs. The Secretary may provide by regulation conditions under which cotton samples submitted or used in the performance of services authorized by this chapter shall become the property of the United States and may be sold with the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Any fees or charges, late payment penalties, or proceeds from the sales of samples collected under this subsection, and any interest earned through the investment of such funds shall be credited to the current appropriation account that incurs the costs of the services provided under this chapter, and shall remain available without fiscal year limitation to pay the expenses of the Secretary incident to providing services and standards under this chapter and [section 15b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section15b&num=0&edition=prelim). Such funds may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments.
**(b)** The price established by the Secretary of Agriculture under the foregoing provisions of this section for practical forms representing the official cotton standards of the United States shall cover, as nearly as practicable, the estimated actual cost to the Department of Agriculture for developing and preparing such practical forms.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture may, upon presentation of satisfactory evidence of competency, issue to any person a license to grade or otherwise classify cotton and to certificate the grade or other class thereof in accordance with the official cotton standards of the United States. Any such license may be suspended or revoked by the Secretary of Agriculture whenever he is satisfied, after reasonable opportunity afforded to the licensee for a hearing, that such licensee is incompetent or has knowingly or carelessly classified cotton improperly, or has violated any provision of this chapter or the regulations thereunder so far as the same may relate to him, or has used his license or allowed it to be used for any improper purpose. Pending investigation the Secretary of Agriculture, whenever he deems necessary, may suspend a license temporarily without a hearing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 53
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “United States Cotton Futures Act”.
**(b) Omitted**
**(c) Definitions** For purposes of this section—
(1) **Cotton futures contract** — The term “cotton futures contract” means any contract of sale of cotton for future delivery made at, on, or in any exchange, board of trade, or similar institution or place of business which has been designated a “contract market” by the Commodity Futures Trading Commission pursuant to the Commodity Exchange Act [[7 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1&num=0&edition=prelim) et seq.] and the term “contract of sale” as so used shall be held to include sales, agreements of sale, and agreements to sell, except that—
(A) any cotton futures contract that, by its terms, is settled in cash is excluded from the coverage of this paragraph and section; and
(B) any cotton futures contract that permits tender of cotton grown outside of the United States is excluded from the coverage of this paragraph and section to the extent that the cotton grown outside of the United States is tendered for delivery under the cotton futures contract.
(2) **Future delivery** — The term “future delivery” shall not include any cash sale of cotton for deferred shipment or delivery.
(3) **Person** — The term “person” includes an individual, trust, estate, partnership, association, company, or corporation.
(4) **Secretary** — The term “Secretary” means the Secretary of Agriculture of the United States.
(5) **Standards** — The term “standards” means the official cotton standards of the United States established by the Secretary pursuant to the United States Cotton Standards Act, as amended [[7 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
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Federal law — U.S. Code and appendices · legal_authorities
Any person who has custody of or a financial interest in any cotton may submit the same or samples thereof, drawn in accordance with the regulations of the Secretary of Agriculture, to such officer or officers of the Department of Agriculture, as may be designated for the purpose pursuant to the regulations of the Secretary of Agriculture for a determination of the true classification of such cotton or samples, including the comparison thereof, if requested, with types or other samples submitted for the purpose. The final certificate of the Department of Agriculture showing such determination shall be binding on officers of the United States and shall be accepted in the courts of the United States as prima facie evidence of the true classification or comparison of such cotton or samples when involved in any transaction or shipment in commerce. The Secretary of Agriculture shall fix rules and regulations for submitting samples of cotton for classification providing that all samples shall be numbered so that no one interested in the transaction involved shall be known by any classifier engaged in the classification of such cotton samples.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture shall hold annual meetings with representatives of the cotton industry to review (1) activities and operations under the Cotton Standards Act [[7 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section51&num=0&edition=prelim) et seq.], and the Cotton Statistics and Estimates Act [[7 U.S.C. 471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section471&num=0&edition=prelim) et seq.], (2) activities and operations relating to cotton under the United States Warehouse Act [[7 U.S.C. 241](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section241&num=0&edition=prelim) et seq.], and (3) the effect of such activities and operations on prices received by producers and sales to domestic and foreign users, for the purpose of improving procedures for financing and administering such activities and operations for the benefit of the industry and the Government. Notwithstanding any other provision of law, the Secretary shall take such action as may be necessary to insure that the universal cotton standards system and the licensing and inspection procedures for cotton warehouses are preserved and that the Government cotton classification system continues to operate so that the United States cotton crop is provided an official quality description.
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Federal law — U.S. Code and appendices · legal_authorities
Page 160
TITLE 7—AGRICULTURE
§ 53
lawful by actual sample or on the basis of a pri-
vate type which is used in good faith and not in
evasion of or substitution for said standards.
(Mar. 4, 1923, ch. 288, § 2, 42 Stat. 1517.)
§ 53. Licensing classifiers; revocation and suspen-
sion of license
The Secretary of Agriculture may, upon pres-
entation of satisfactory evidence of competency,
issue to any person a license to grade or other-
wise classify cotton and to certificate the grade
or other class thereof in accordance with the of-
ficial cotton standards of the United States. Any
such license may be suspended or revoked by the
Secretary of Agriculture whenever he is satis-
fied, after reasonable opportunity afforded to
the licensee for a hearing, that such licensee is
incompetent or has knowingly or carelessly
classified cotton improperly, or has violated any
provision of this chapter or the regulations
thereunder so far as the same may relate to
him, or has used his license or allowed it to be
used for any improper purpose. Pending inves-
tigation the Secretary of Agriculture, whenever
he deems necessary, may suspend a license tem-
porarily without a hearing.
(Mar. 4, 1923, ch. 288, § 3, 42 Stat. 1517.)
§ 54. Classification by Department of Agriculture;
certification thereof; effect of certificate; reg-
ulations for classification
Any person who has custody of or a financial
interest in any cotton may submit the same or
samples thereof, drawn in accordance with the
regulations of the Secretary of Agriculture, to
such officer or officers of the Department of Ag-
riculture, as may be designated for the purpose
pursuant to the regulations of the Secretary of
Agriculture for a determination of the true clas-
sification of such cotton or samples, in
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