7 U.S.C. § 511 — Definitions

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 Repealed. 511s.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 within any Territory or possession, or the District of Co- lumbia. For the purposes of this chapter (but not in any wise limiting the foregoing defini- tion) 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 de- scription, all cases where purchase or sale is ei- ther for shipment to another State or for manu- facture within the State and the shipment out- side 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 trans- actions in respect thereto from the provisions of this chapter. For the purpose of this paragraph the word ‘‘State’’ includes Territory, the Dis- trict of Columbia, possession of the United States, and foreign nations. (Aug. 23, 1935, ch. 623, § 1, 49 Stat. 731.) § 511a. Declaration of purpose Transactions in tobacco involving the sale thereof at auction as commonly conducted at auction markets are affected with a public in- terest; such transactions are carried on by to- bacco producers generally and by persons en- gaged in the business of buying and selling to- bacco in commerce; the classification of tobacco according to type, grade, and other characteris- tics affect the prices received therefor by pro- ducers; without uniform standards of classifica- tion and inspection the evaluation of tobacco is susceptible to speculation, manipulation, and control, and unreasonable fluctuations in prices and quality determinations occur which are det- rimental to producers and persons handling to- bacco in commerce; such fluctuations constitute a burden upon commerce and make the use of uniform standards of classification and inspec- tion imperative for the protection of producers and others engaged in commerce and the public interest therein. (Aug. 23, 1935, ch. 623, § 2, 49 Stat. 731.) § 511b. Official standards for classification; ten- tative standards; modification The Secretary is authorized to investigate the sorting, handling, conditioning, inspection, and marketing of tobacco from time to time, and to establish standards for tobacco by which its type, grade, size, condition, or other character- istics may be determined, which standards shall be the official standards of the United States, and shall become effective immediately or upon a date specified by the Secretary: Provided, That the Secretary may issue tentative standards for tobacco prior to the establishment of official standards therefor, and he may modify any standards established under authority of this chapter whenever, in his judgment, such action is advisable. (Aug. 23, 1935, ch. 623, § 3, 49 Stat. 732.) § 511c. Demonstration of official standards; sam- ples; cost The Secretary is authorized to demonstrate the official standards; to prepare and distribute, upon request, samples, illustrations, or sets thereof; and to make reasonable charges there- fore: Provided, That in no event shall charges be in excess of the cost of said samples, illustra- tions, and services so rendered. (Aug. 23, 1935, ch. 623, § 4, 49 Stat. 732.) § 511d. Designation of markets; manner; inspec- tion and related services; fees and charges The Secretary is authorized to designate those auction markets where tobacco bought and sold thereon at auction, or the products customarily manufactured therefrom, moves in commerce. Before any market is designated by the Sec- retary under this section he shall determine by referendum the desire of tobacco growers who sold tobacco at auction on such market during the preceding marketing season. The Secretary may at his discretion hold one referendum for two or more markets or for all markets in a type area. No market or group of markets shall