7 U.S.C. § 503 — Reports; necessity; by whom made; pen-

Page 433 TITLE 7—AGRICULTURE § 503 § 499t. Omitted Editorial Notes CODIFICATION Section, act June 10, 1930, ch. 436, § 20, as added Aug. 22, 1988, Pub. L. 100–414, § 2, 102 Stat. 1102, established Perishable Agricultural Commodities Act Industry Ad- visory Committee, provided for its membership, com- pensation, etc., directed advisory committee to review Perishable Agricultural Commodities Act program and to make findings and recommendations to Congress and Secretary of Agriculture with respect to future oper- ations of program, with an interim report not later than Sept. 30, 1989, and a final report not later than May 1, 1990, containing results of its review and rec- ommendations, and provided that advisory committee cease to exist on date of its final report. CHAPTER 21—TOBACCO STATISTICS Sec. 501. Collection and publication; facts required; de- teriorated tobacco. 502. Standards for classification; returns and blanks. 503. Reports; necessity; by whom made; penalties. 504. ‘‘Person’’ defined. 505. Access to internal-revenue records. 506. Returns under oath; administration. 507. Limitation on use of statistical information. 508. Separability. 509. Repealed. § 501. Collection and publication; facts required; deteriorated tobacco The Secretary of Agriculture is authorized and directed to collect and publish statistics of the quantity of leaf tobacco in all forms in the United States and Puerto Rico, owned by or in the possession of dealers, manufacturers, quasi- manufacturers, growers’ cooperative associa- tions, warehousemen, brokers, holders, or own- ers, other than the original growers of tobacco. The statistics shall show the quantity of to- bacco in such detail as to types, groups of grades, and such other subdivisions as to qual- ity, color, and/or grade for particular types, as the Secretary of Agriculture shall deem to be practical and necessary for the purposes of this chapter, shall be summarized as of January 1, April 1, July 1, and October 1 of each year, and an annual report on tobacco statistics shall be issued: Provided, That the Secretary of Agri- culture shall not be required to collect statistics of leaf tobacco from any manufacturer of to- bacco who, in the first three quarters of the pre- ceding calendar year, according to the returns of the Commissioner of Internal Revenue or the record of the Treasurer of Puerto Rico, manu- factured less than thirty-five thousand pounds of tobacco, or from any manufacturer of cigars who, during the first three quarters of the pre- ceding calendar year, manufactured less than one hundred and eighty-five thousand cigars, or from any manufacturer of cigarettes who, dur- ing the first three quarters of the preceding year, manufactured less than seven hundred and fifty thousand cigarettes: And provided further, That the Secretary of Agriculture may omit the collection of statistics from any dealer, manu- facturer, growers’ cooperative association, ware- houseman, broker, holder, or owner who does not own and/or have in stock, in the aggregate, fifty thousand pounds or more of leaf tobacco on the date as of which the reports are made. For the purposes of this chapter, any tobacco which has deteriorated on account of age or other causes to the extent that it is not merchantable or is unsuitable for use in manufacturing to- bacco products shall be classified with other nondescript tobacco and reported in the ‘‘N’’ group of the type to which it belongs. (Jan. 14, 1929, ch. 69, § 1, 45 Stat. 1079; July 14, 1932, ch. 480, § 1, 47 Stat. 662; Aug. 27, 1935, ch. 749, § 1, 49 Stat. 893.) Editorial Notes AMENDMENTS 1935—Act Aug. 27, 1935, inserted ‘‘and Puerto Rico’’ after ‘‘United States’’, substituted ‘‘seven hundred and fifty thousand cigarettes’’ for ‘‘one million cigarettes’’ before second proviso and inserted second proviso. 1932—Act July 14, 1932, substituted ‘‘thirty-five’’ for ‘‘fifty’’ and ‘‘one hundred and eighty-five thousand ci- gars’’ and ‘‘one million’’ for ‘‘seven hundred and fifty thousand cigarettes’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Porto Rico’’ changed to ‘‘Puerto Rico’’ by act May 17, 1932, ch. 190, 47 Stat. 158. SEPARABILITY Act Aug. 27, 1935, ch. 749, § 4, 49 Stat. 894, provided that: ‘‘If any provision of this Act [amending this sec- tion and sections 502 and 505 of this title], or the appli- cation of such provision to any person or cir- cumstances, is held invalid, the remainder of the Act and the application of such provisions to persons or cir- cumstances other than those as to which it is held in- valid, shall not be affected thereby.’’ § 502. Standards for classification; returns and blanks The Secretary of Agriculture shall establish standards for the classification of leaf tobacco, and he is authorized to demonstrate such stand- ards, to prepare and distribute samples thereof, and to make reasonable charges therefor. He shall specify the types, groups of grades, quali- ties, colors, and/or grades, which shall be in- cluded in the returns required by this chapter. The Secretary of Agriculture shall prepare ap- propriate blanks upon which the returns shall be made, shall, upon request, furnish copies to per- sons who are required by this chapter to make returns, and such returns shall show the types, groups of grades, qualities, colors, and/or grades and such other information as the Secretary may require. (Jan. 14, 1929, ch. 69, § 2, 45 Stat. 1079; Aug. 27, 1935, ch. 749, § 2, 49 Stat. 894.) Editorial Notes AMENDMENTS 1935—Act Aug. 27, 1935, inserted ‘‘and such returns shall show the types, groups of grades, qualities, colors, and/or grades and such other information as the Sec- retary may require’’ in last sentence. § 503. Reports; necessity; by whom made; pen- alties It shall be the duty of every dealer, manufac- turer, quasi-manufacturer, growers’ cooperative Page 434 TITLE 7—AGRICULTURE § 504 association, warehouseman, broker, holder, or owner, other than the original grower, except such persons as are excluded by the proviso to section 501 of this title, to furnish within fifteen days after January 1, April 1, July 1, and Octo- ber 1 of each year, completely and correctly, to the best of his knowledge, a report of the quan- tity of leaf tobacco on hand, segregated in ac- cordance with the blanks furnished by the Sec- retary of Agriculture. Any person, firm, associa- tion, or corporation required by this chapter to furnish a report, and any officer, agent, or em- ployee thereof who shall refuse or willfully ne- glect to furnish any of the information required by this chapter, or shall willfully give answers that are false or misleading, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $300 or more than $1,000, or imprisoned not more than one year, or both. (Jan. 14, 1929, ch. 69, § 3, 45 Stat. 1080; July 14, 1932, ch. 480, § 2, 47 Stat. 663.) Editorial Notes AMENDMENTS 1932—Act July 14, 1932, made quasi-manufacturers subject to section. § 504. ‘‘Person’’ defined The word ‘‘person’’ as used in this chapter shall be held to embrace also any partnership, corporation, association, or other legal entity. (Jan. 14, 1929, ch. 69, § 4, 45 Stat. 1080.) § 505. Access to internal-revenue records The Secretary of Agriculture shall have access to the tobacco records of the Commissioner of Internal Revenue and of the several collectors of internal revenue for the purpose of obtaining lists of the persons subject to this chapter and for the purpose of aiding the collection of the in- formation herein required, and the Commis- sioner of Internal Revenue and the several col- lectors of internal revenue shall cooperate with the Secretary of Agriculture in effectuating the provisions of this chapter. (Jan. 14, 1929, ch. 69, § 5, 45 Stat. 1080; Aug. 27, 1935, ch. 749, § 3, 49 Stat. 894.) Editorial Notes AMENDMENTS 1935—Act Aug. 27, 1935, reenacted section without change. Executive Documents ABOLITION OF OFFICES AND TRANSFER OF FUNCTIONS Offices of Internal Revenue Collector and Deputy Col- lector abolished by 1952 Reorg. Plan No. 1, § 1, eff. Mar. 14, 1952, 17 F.R. 2243, 66 Stat. 823, set out in the Appen- dix to Title 5, Government Organization and Employ- ees, and by section 2 thereof a new office of district commissioner of internal revenue was established. Sec- tion 4 of the Plan transferred all functions, that had been vested by statute in any officer or employee of Bu- reau of Internal Revenue since effective date of 1950 Reorg. Plan No. 26, §§ 1, 2, 15 F.R. 4935, 64 Stat. 1280, 1281, to Secretary of the Treasury. Functions of all officers of Department of the Treas- ury, and functions of all agencies and employees of De- partment, transferred, with certain exceptions, to Sec- retary of the Treasury, with power vested in him to au- thorize their performance or performance of any of his functions, by any of those officers, agencies, and em- ployees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. Commissioner of Internal Revenue, referred to in text, is an officer of Department of the Treasury. § 506. Returns under oath; administration The returns provided for in this chapter shall be made under oath before a collector or deputy collector of internal revenue, a postmaster, as- sistant postmaster, or anyone authorized to ad- minister oaths by State or Federal law. (Jan. 14, 1929, ch. 69, § 6, 45 Stat. 1080.) Executive Documents ABOLITION OF OFFICES AND TRANSFER OF FUNCTIONS See note under section 505 of this title. § 507. Limitation on use of statistical information The information furnished under the provi- sions of this chapter shall be used only for the statistical purposes for which it is supplied. No publication shall be made by the Secretary of Agriculture whereby the data furnished by any particular establishment can be identified, nor shall the Secretary of Agriculture permit any- one other than the sworn employees of the De- partment of Agriculture to examine the indi- vidual reports. (Jan. 14, 1929, ch. 69, § 7, 45 Stat. 1080.) § 508. Separability If any provision of this chapter is declared un- constitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of said sections and the applicability of such provisions to other per- sons and circumstances shall not be affected thereby. (Jan. 14, 1929, ch. 69, § 9, 45 Stat. 1080.) § 509. Repealed. Pub. L. 104–127, title II, § 262, Apr. 4, 1996, 110 Stat. 973 Section, Pub. L. 98–180, title II, § 214, as added Pub. L. 101–624, title XV, § 1557, Nov. 28, 1990, 104 Stat. 3699; amended Pub. L. 102–237, title III, § 337, Dec. 13, 1991, 105 Stat. 1859, provided for reporting requirements relating to tobacco. CHAPTER 21A—TOBACCO INSPECTION Sec. 511. Definitions. 511a. Declaration of purpose. 511b. Official standards for classification; tentative standards; modification. 511c. Demonstration of official standards; samples; cost. 511d. Designation of markets; manner; inspection and related services; fees and charges. 511e. Sampling and weighing; cost; disposition of moneys received; expenses; purpose. 511f. Reinspection and appeal inspection; certifi- cate as evidence. 511g. Placing of grade on warehouse tickets, etc.; form. 511h. Publication of information relating to to- bacco.