7 U.S.C. § 473d — Quality tests and analyses by Secretary

Page 412 TITLE 7—AGRICULTURE § 473b 20, 1987, and ending Sept. 30, 1992, was repealed by Pub. L. 107–171, title X, § 10801(b)(2), May 13, 2002, 116 Stat. 525. EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENT That part of Pub. L. 98–403, [§ 1], Aug. 28, 1984, 98 Stat. 1479, which provided that the amendment made by Pub. L. 98–403 was effective for the period beginning Oct. 1, 1984, and ending Sept. 30, 1988, was repealed by Pub. L. 107–171, title X, § 10801(b)(1), May 13, 2002, 116 Stat. 525. EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT Pub. L. 97–35, title I, § 156(b), Aug. 13, 1981, 95 Stat. 373, provided that the amendment made by that section is effective only for the fiscal years ending Sept. 30, 1982, Sept. 30, 1983, and Sept. 30, 1984. [Provisions of section 156 of 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.] SHORT TITLE Act Apr. 13, 1937, which enacted sections 473a to 473c of this title, is popularly known as the ‘‘Cotton Classi- fication Act’’. STUDY ON PROCESSING CERTAIN COTTON GRADES Pub. L. 100–108, § 3, Aug. 20, 1987, 101 Stat. 729, which directed Secretary of Agriculture to conduct a study of differences between processing efficiency and product quality for Light Spotted and White grade cottons and also conduct a survey and research to determine why an increasing proportion of cotton crop was being clas- sified as Light Spotted, with an initial report describ- ing results of studies to be submitted not later than Oct. 1, 1988, to Committee on Agriculture of House of Representatives and Committee on Agriculture, Nutri- tion, and Forestry of Senate, and a final report to be submitted to such committees as soon as practicable after submission of initial report, was repealed by Pub. L. 102–237, title I, § 120(d), Dec. 13, 1991, 105 Stat. 1843. § 473b. Market supply, demand, condition and prices; collection and publication of informa- tion The Secretary of Agriculture is also author- ized and directed to collect, authenticate, pub- lish, and distribute, by telegraph, radio, mail, or otherwise, timely information on the market supply, demand, location, condition, and market prices for cotton, and to cause to be prepared regularly and distributed for posting at gins, in post offices, or in other public or conspicuous places in cotton-growing communities, informa- tion on prices for the various grades and staple lengths of cotton. (Mar. 3, 1927, ch. 337, § 3b, as added Apr. 13, 1937, ch. 75, 50 Stat. 62.) § 473c. Rules and regulations The Secretary of Agriculture is further au- thorized to make such rules and regulations as he may deem necessary to effectuate the pur- poses of this chapter. (Mar. 3, 1927, ch. 337, § 3c, as added Apr. 13, 1937, ch. 75, 50 Stat. 62.) § 473c–1. Offenses in relation to sampling of cot- ton for classification It shall be unlawful— (a) for any person sampling cotton for classi- fication under this chapter knowingly to sam- ple cotton improperly, or to identify cotton samples improperly, or to accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty as a sampler; (b) for any person to influence improperly or to attempt to influence improperly or to forc- ibly assault, resist, impede, or interfere with any sampler in the taking of samples for clas- sification under this chapter; (c) for any person knowingly to alter or cause to be altered a sample taken for classi- fication under this chapter by any means such as trimming, peeling, or dressing the sample, or by removing any leaf, trash, dust, or other material from the sample for the purpose of misrepresenting the actual quality of the bale from which the sample was taken; (d) for any person knowingly to cause, or at- tempt to cause, the issuance of a false or mis- leading certificate or memorandum of classi- fication under this chapter by deceptive baling, handling, or sampling of cotton, or by any other means, or by submitting samples of such cotton for classification knowing that the cotton has been so baled, handled, or sam- pled; (e) for any person knowingly to submit more than one sample from the same bale of cotton for classification under this chapter, except a second sample submitted for review classifica- tion; (f) for any person knowingly to operate or adjust a mechanical cotton sampler in such a manner that a representative sample is not drawn from each bale; and (g) for any person knowingly to violate any regulation of the Secretary of Agriculture re- lating to the sampling of cotton made pursu- ant to section 473c of this title. (Mar. 3, 1927, ch. 337, § 3c–1, as added Pub. L. 86–588, July 5, 1960, 74 Stat. 328.) § 473c–2. Penalties for offenses relating to sam- pling of cotton Any person violating any provision of section 473c–1 of this title shall be guilty of a mis- demeanor and upon conviction thereof shall be fined not more than $1,000, or imprisoned not more than one year, or both. (Mar. 3, 1927, ch. 337, § 3c–2, as added Pub. L. 86–588, July 5, 1960, 74 Stat. 329.) § 473c–3. Liability of principal for act of agent In construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or em- ployed by an individual, association, partner- ship, corporation, or firm, within the scope of his employment or office, shall be deemed to be the act, omission, or failure of the individual, association, partnership, corporation, or firm, as well as that of the person. (Mar. 3, 1927, ch. 337, § 3c–3, as added Pub. L. 86–588, July 5, 1960, 74 Stat. 329.) § 473d. Quality tests and analyses by Secretary for breeders and others; fees The Secretary of Agriculture is authorized to make analyses of fiber properties, spinning Page 413 TITLE 7—AGRICULTURE § 491 tests, and other tests of the quality of cotton samples submitted to him by cotton breeders and other persons, subject to such terms and conditions and to the payment by such cotton breeders and other persons of such fees as he may prescribe by regulations under this chapter. The fees to be assessed hereunder shall be rea- sonable, and, as nearly as may be, to cover the cost of the service rendered. (Mar. 3, 1927, ch. 337, § 3d, as added Apr. 7, 1941, ch. 42, 55 Stat. 131.) § 474. Powers of Secretary of Agriculture; appro- priation The Secretary of Agriculture may cooperate with any department or agency of the Govern- ment, any State, Territory, District, or posses- sion, or department, agency, or political sub- division thereof, or any person; and shall have the power to appoint, remove, and fix the com- pensation of such officers and employees, not in conflict with existing law, and make such ex- penditures for the purchase of samples of cotton, for rent outside the District of Columbia, print- ing, telegrams, telephones, books of reference, periodicals, furniture, stationery, office equip- ment, travel, and other supplies and expenses as shall be necessary to the administration of this chapter in the District of Columbia and else- where and there are authorized to be appro- priated, out of any moneys in the Treasury not otherwise appropriated such sums as may be necessary for such purposes. The Secretary of Agriculture shall maintain until at least Janu- ary 1, 1999, all cotton classing office locations in the State of Missouri that existed on January 1, 1996. (Mar. 3, 1927, ch. 337, § 4, 44 Stat. 1373; Pub. L. 104–127, title IX, § 912(b), Apr. 4, 1996, 110 Stat. 1185.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 inserted at end ‘‘The Secretary of Agriculture shall maintain until at least January 1, 1999, all cotton classing office locations in the State of Missouri that existed on January 1, 1996.’’ Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 475. Repealed. Pub. L. 104–127, title VIII, § 870, Apr. 4, 1996, 110 Stat. 1175 Section, acts May 3, 1924, ch. 149, § 1, 43 Stat. 115; Mar. 3, 1927, ch. 337, § 5, 44 Stat. 1373; Aug. 8, 1946, ch. 909, 60 Stat. 940; May 29, 1958, Pub. L. 85–430, § 2, 72 Stat. 149; June 30, 1972, Pub. L. 92–331, § 1, 86 Stat. 400, directed Secretary of Agriculture to issue cotton crop reports at certain times during growing and harvesting season. § 476. Acreage reports The Secretary of Agriculture shall cause to be issued a report on or before the 12th day of July of each year showing by States and in toto the estimated acreage of cotton planted, to be fol- lowed on or before the 12th day of August with an estimate of the acreage for harvest and on or before the 12th day of December with an esti- mate of the harvested acreage. (May 27, 1912, ch. 135, § 1, 37 Stat. 118; Mar. 3, 1927, ch. 337, § 6, 44 Stat. 1374; Pub. L. 85–430, § 1, May 29, 1958, 72 Stat. 149; Pub. L. 92–331, § 2, June 30, 1972, 86 Stat. 400.) Editorial Notes CODIFICATION Section was not enacted as part of the Cotton Statis- tics and Estimates Act which enacted sections 471 to 474 of this title and amended sections 475 and 476 of this title. Section was formerly classified to section 412 of this title. AMENDMENTS 1972—Pub. L. 92–331 substituted ‘‘12th’’ for ‘‘10th’’, ‘‘on or before the 12th day of August’’ for ‘‘on August 1’’, and ‘‘on or before the 12th day of December’’ for ‘‘on December 1’’. 1958—Pub. L. 85–430 substituted provisions requiring report to show estimated acreage of cotton planted, to be followed with an estimate of acreage for harvest and an estimate of harvested acreage for provisions which required report to show number of acres of cotton in cultivation on July 1 of each year, followed with an es- timate of acreage of cotton abandoned since July 1. 1927—Act Mar. 3, 1927, struck out ‘‘Bureau of Statis- tics of the Department of Agriculture’’, substituted ‘‘on or before the 10th day of July’’ for ‘‘on or about the first Monday in July’’ and inserted ‘‘on July 1, to be followed on September 1 and December 1 with an esti- mate of the acreage of cotton abandoned since July 1’’ after ‘‘cultivation’’. CHAPTER 20—DUMPING OR DESTRUCTION OF INTERSTATE PRODUCE Sec. 491. Destruction or dumping of farm produce re- ceived in interstate commerce by commis- sion merchants, etc.; penalty. 492. Repealed. 493. Enforcement of provisions; prosecution of cases. 494. Rules and regulations; cooperation with States, etc., officers and employees; expend- itures. 495. Authorization of appropriations. 496. Validity of other statutes dealing with same subject. 497. Separability. § 491. Destruction or dumping of farm produce received in interstate commerce by commis- sion merchants, etc.; penalty After June 30, 1927, any person, firm, associa- tion, or corporation receiving any fruits, vegeta- bles, melons, dairy, or poultry products or any perishable farm products of any kind or char- acter, hereinafter referred to as produce, in interstate commerce, or in the District of Co- lumbia, for or on behalf of another, who without good and sufficient cause therefor, shall destroy, or abandon, discard as refuse or dump any produce directly or indirectly, or through collu- sion with any person, or who shall knowingly and with intent to defraud make any false re- port or statement to the person, firm, associa- tion, or corporation from whom any produce was