7 U.S.C. § 395 — Fees for rabies diagnoses; disposition of

Page 398 TITLE 7—AGRICULTURE § 392 domestic animals and live poultry of the United States, their protection and use, and also in- quire into and report the causes of contagious, infectious, and communicable diseases among them, and the means for the prevention and cure of the same, and to collect such information on these subjects as shall be valuable to the agri- cultural and commercial interests of the coun- try. (May 29, 1884, ch. 60, § 1, 23 Stat. 31; July 14, 1890, ch. 707, 26 Stat. 288; Feb. 7, 1928, ch. 30, 45 Stat. 59.) Editorial Notes CODIFICATION Section is composed of part of section 1 of act May 29, 1884. Section 1 of that act as originally enacted contained this further provision: ‘‘And the Commissioner of Agri- culture is hereby authorized to employ a force suffi- cient for the purpose, not to exceed 20 persons at any one time.’’ This provision was practically superseded by subsequent appropriations for an enlarged force. Section 1 also contained a provision as to salary of the Chief of the Bureau and a clerk for said bureau, that has been omitted as obsolete. The salaries are now fixed under chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. AMENDMENTS 1928—Joint Res. Feb. 7, 1928, inserted ‘‘and live poul- try’’ after ‘‘domestic animals’’. Executive Documents TRANSFER OF FUNCTIONS Section 301 of 1947 Reorg. Plan No. 1, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952, provided: ‘‘The functions of the following agencies of the Department of Agri- culture, namely, the Bureau of Animal Industry, the Bureau of Dairy Industry, the Bureau of Plant Indus- try, Soils, and Agricultural Engineering, the Bureau of Entomology and Plant Quarantine, the Bureau of Agri- cultural and Industrial Chemistry, the Bureau of Human Nutrition and Home Economics, the Office of Experiment Stations, and the Agricultural Research Center, together with the functions of the Agricultural Research Administrator, are transferred to the Sec- retary of Agriculture and shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of Agri- culture as he may designate.’’ For provisions con- cerning transfer of records, property, personnel, and funds, see full text of this Plan, set out in the Appendix to Title 5, Government Organization and Employees. The President’s message, set out in the Appendix to Title 5, Government Organization and Employees, transmitting this Reorg. Plan to Congress pointed out that the Plan would make it possible to continue the consolidation of the agencies concerned in the Agricul- tural Research Administration which was affected on a temporary wartime basis by Ex. Ord. No. 9069, Feb. 23, 1942, 7 F.R. 1409, and to make further adjustments in the organization of agricultural research activities. Functions of Bureau of Animal Industry which were transferred to Secretary of Agriculture were trans- ferred to Agricultural Research Service under Sec- retary’s memorandum 1320, supp. 4, of Nov. 2, 1953. As of July 1, 1927, by order of the Secretary of Agri- culture, the Packers and Stockyards administration was abolished, and the enforcement of the Packers and Stockyards Act of 1921, section 181 et seq. of this title, put under the control of the chief of the Bureau of Ani- mal Industry. Authority formerly granted to Commissioner of Agri- culture by section 1 of act of May 29, 1884, vested in Secretary of Agriculture by act July 14, 1890. See also sections 2202 and 2205 of this title. Functions of Bureau of Animal Industry of Agricul- tural Research Administration concerned primarily with regulatory activities consolidated with other agencies into Food Distribution Administration, which was consolidated into War Food Administration, which was terminated and its functions transferred to Sec- retary of Agriculture, by Ex. Ord. No. 9577. § 392. Repealed. Oct. 31, 1951, ch. 654, § 1(11), 65 Stat. 701 Section, act Aug. 10, 1912, ch. 284, 37 Stat. 274, related to sale or exchange of animals not needed. § 393. Sale of pathological and zoological speci- mens; disposition of moneys The Secretary of Agriculture is authorized to prepare and sell at cost such pathological and zoological specimens as he may deem of sci- entific or educational value to scientists or oth- ers engaged in the work of hygiene and sanita- tion: Provided, That all moneys received from the sale of such specimens shall be deposited in the Treasury as miscellaneous receipts. (Mar. 4, 1913, ch. 145, § 1 [part], 37 Stat. 833.) Executive Documents TRANSFER OF FUNCTIONS Functions of Bureau of Animal Industry transferred to Secretary of Agriculture by 1947 Reorg. Plan No. 1, § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952. See note set out under section 391 of this title. § 394. Repealed. Pub. L. 107–171, title X, § 10703(c)(3), May 13, 2002, 116 Stat. 518 Section, act July 24, 1919, ch. 26, 41 Stat. 241, related to overtime of employees engaged in enforcement of Meat Inspection Act. § 394a. Overtime of employees working at estab- lishments which prepare virus, serum, toxin, and analogous products The Secretary of Agriculture is authorized to pay employees of the Bureau of Animal Industry employed in establishments subject to the provi- sions of section 157 of title 21, for all overtime, night, or holiday work performed at such estab- lishments, at such rates as he may determine, and to accept from such establishments wherein such overtime work is performed reimbursement for any sums paid out by him for such overtime work. (Aug. 4, 1949, ch. 392, 63 Stat. 495.) Executive Documents TRANSFER OF FUNCTIONS Functions of Bureau of Animal Industry transferred to Secretary of Agriculture by 1947 Reorg. Plan No. 1, § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952. See note set out under section 391 of this title. § 395. Fees for rabies diagnoses; disposition of moneys Fees shall be charged for all diagnoses in con- nection with rabies, except those performed for agencies of the United States Government, in such amounts as the Secretary shall prescribe, and such fees shall be covered into the Treasury as miscellaneous receipts. Page 399 TITLE 7—AGRICULTURE § 399 (Sept. 21, 1944, ch. 412, title I, § 101(e), 58 Stat. 734.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior Department of Agri- culture Appropriation Acts: June 28, 1944, ch. 296, 58 Stat. 433. July 12, 1943, ch. 215, 57 Stat. 401. July 22, 1942, ch. 516, 56 Stat. 674. Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATION Act Sept. 21, 1944, ch. 412, title I, § 101(g), 58 Stat. 735, provided that: ‘‘There are hereby authorized to be ap- propriated for the purposes of this section [enacting this section, sections 396 and 398 of this title, former section 429 of this title, section 626 of Title 21, Food and Drugs, and former section 114a of Title 21] such sums as the Congress may from time to time determine to be necessary.’’ § 396. Inspection of livestock, hides, animal prod- ucts, etc.; place; charges; disposition of funds The Secretary of Agriculture upon application of any exporter, importer, packer, or owner of, or the agent thereof, or dealer in, livestock, hides, skins, meat, or other animal products may, in his discretion, cause to be made inspec- tions and examinations at places other than the headquarters of inspectors for the convenience of said applicants, who may be charged for the expenses of travel and subsistence incurred for such inspections and examinations, the funds derived from such charges to be deposited in the Treasury of the United States to the credit of the appropriation from which the expenses are paid. (Sept. 21, 1944, ch. 412, title I, § 101(c), 58 Stat. 734.) Editorial Notes CODIFICATION Section was formerly classified to section 228a of this title. PRIOR PROVISIONS Provisions similar to those in this section were car- ried in the following prior Department of Agriculture Appropriation Acts: June 28, 1944, ch. 296, 58 Stat. 433. July 12, 1943, ch. 215, 57 Stat. 400. July 22, 1942, ch. 516, 56 Stat. 673. July 1, 1941, ch. 267, 55 Stat. 415. June 25, 1940, ch. 421, 54 Stat. 539. June 30, 1939, ch. 253, title I, 53 Stat. 948. June 16, 1938, ch. 464, title I, 52 Stat. 719. June 29, 1937, ch. 404, 50 Stat. 403. June 4, 1936, ch. 489, 49 Stat. 1429. Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATION Authorization of appropriation of sums necessary for the purposes of this section, see note under section 395 of this title. § 397. Omitted Editorial Notes CODIFICATION Section, acts Aug. 28, 1954, ch. 1041, title II, § 204(e), 68 Stat. 900; Apr. 2, 1956, ch. 159, § 2, 70 Stat. 87, authorized transfer of Commodity Credit Corporation funds not to exceed $17,000,000 for fiscal year ending June 30, 1956 and not to exceed $20,000,000 for each of fiscal years 1957 and 1958 for brucellosis eradication, indemnification for destroyed cattle and administrative expenses and au- thorized appropriations to reimburse the Commodity Credit Corporation for the expenditures. § 398. Purchase and testing of serums or analo- gous products; dissemination of test results The Secretary of Agriculture may purchase in the open market from applicable appropriations samples of all tuberculin, serums, antitoxins, or analogous products, of foreign or domestic man- ufacture, which are sold in the United States, for the detection, prevention, treatment, or cure of diseases of domestic animals, test the same, and disseminate the results of said tests in such manner as he may deem best. (Sept. 21, 1944, ch. 412, title I, § 101(d), 58 Stat. 734.) Editorial Notes CODIFICATION Section was formerly classified to section 430 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATION Authorization of appropriation of sums necessary for the purposes of this section, see note under section 395 of this title. § 399. Domestic raising of fur-bearing animals; classification For the purposes of all classification and ad- ministration of Acts of Congress, Executive or- ders, administrative orders, and regulations per- taining to— (a) fox, rabbit, mink, chinchilla, marten, fisher, muskrat, karakul and all other fur- bearing animals, raised in captivity for breed- ing or other useful purposes shall be deemed domestic animals; (b) such animals and the products thereof shall be deemed agricultural products; and (c) the breeding, raising, producing, or mar- keting of such animals or their products by the producer shall be deemed an agricultural pursuit. (Apr. 30, 1946, ch. 242, § 1, 60 Stat. 127.) Editorial Notes CODIFICATION Section was formerly classified to section 433 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Apr. 30, 1946, ch. 242, § 3, 60 Stat. 128, provided that: ‘‘This Act [enacting this section and provisions set out as a note below] shall take effect sixty days after the date of its enactment [Apr. 30, 1946].’’ TRANSFER OF FUNCTIONS Act Apr. 30, 1946, ch. 242, § 2, 60 Stat. 127; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, provided that: