7 U.S.C. § 53 — Licensing classifiers; revocation and suspen-

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, including the comparison thereof, if requested, with types or other samples submitted for the purpose. The final certificate of the Department of Agri- culture 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 classi- fication 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 inter- ested in the transaction involved shall be known by any classifier engaged in the classification of such cotton samples. (Mar. 4, 1923, ch. 288, § 4, 42 Stat. 1517.) § 55. Fees and charges for cotton classing and re- lated services; criteria; disposition of moneys and samples (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, for determinations made under sec- tion 54 of this title, 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 sam- ples, the costs incident to providing services and standards under such sections, including admin- istrative 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 chap- ter shall become the property of the United States and may be sold with the proceeds cred- ited 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 divi- sion 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 pro- ceeds 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 fis- cal year limitation to pay the expenses of the Secretary incident to providing services and standards under this chapter and section 15b of this title. Such funds may be invested by the Secretary in insured or fully collateralized, in- terest-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 esti- mated actual cost to the Department of Agri- culture for developing and preparing such prac- tical forms. (Mar. 4, 1923, ch. 288, § 5, 42 Stat. 1518; Pub. L. 97–35, title I, § 156(a), Aug. 13, 1981, 95 Stat. 373; Pub. L. 100–518, § 4, Oct. 24, 1988, 102 Stat. 2587.) Editorial Notes CODIFICATION In subsec. (a), ‘‘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’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act en- acted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–518 included late pay- ment penalties, proceeds, and interest within amounts to be credited to current appropriation account and re- main available until expended, and authorized invest- ment of such funds in certain interest-bearing accounts or debt instruments. 1981—Pub. L. 97–35 designated existing provisions as subsec. (a), substituted provisions requiring Secretary to cause to be collected fees and charges, for provisions authorizing Secretary to cause to be collected charges, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 156(e) of Pub. L. 97–35, set out as an Effective Date note under section 61a of this title.