15 U.S.C. § 715 — Purpose of chapter

Page 1182 TITLE 15—COMMERCE AND TRADE § 714o retary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. § 714o. Dissolution of Delaware corporation The Secretary of Agriculture, representing the United States as the sole owner of the capital stock of Commodity Credit Corporation, a Dela- ware corporation, is authorized and directed to institute or cause to be instituted such pro- ceedings as are required for the dissolution of said Corporation under the laws of the State of Delaware. The costs of such dissolution of said Corporation shall be borne by the Corporation. (June 29, 1948, ch. 704, § 17, 62 Stat. 1075.) Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS For exception of functions of corporations of Depart- ment of Agriculture from transfer of functions to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. § 714p. Release of innocent purchasers of con- verted goods A buyer in the ordinary course of business of fungible goods sold and physically delivered by a warehouseman or other dealer who was regu- larly engaged in the business of buying and sell- ing such goods shall take or be deemed to have taken such goods free of any claim, existing or hereafter arising, by Commodity Credit Corpora- tion, based on the want of authority in the seller to sell such goods, provided the buyer purchased such goods for value in good faith and did not know or have reason to know of any defect in the seller’s authority to sell such goods. To be entitled to relief under this section a buyer must assert as an affirmative defense and estab- lish by a preponderance of the evidence the facts necessary to entitle him to such relief. (June 29, 1948, ch. 704, § 19, as added May 23, 1955, ch. 46, 69 Stat. 65.) CHAPTER 15A—INTERSTATE TRANSPOR- TATION OF PETROLEUM PRODUCTS Sec. 715. Purpose of chapter. 715a. Definitions. 715b. Interstate transportation of contraband oil forbidden. 715c. Suspension of operation of section 715b of this title. 715d. Enforcement of chapter. 715e. Penalties for violation of chapter. 715f. Forfeiture of contraband oil shipped in viola- tion of law; procedure. 715g. Refusal of carrier to accept shipment without certificate of clearance; certificate as justi- fying acceptance of shipment. 715h. Hearings and investigation by boards; ap- pointment of board and employees. 715i. Restraining violations. 715j. ‘‘President’’ as including agencies, officers and employees. 715k. Saving clause. 715l. Repealed. 715m. Cooperation between Secretary of the Inte- rior and Federal and State authorities. Statutory Notes and Related Subsidiaries CONSTRUCTION OF PETROLEUM PIPE LINES Act July 30, 1941, ch. 333, 55 Stat. 610, as amended June 30, 1943, ch. 180, 57 Stat. 270; June 8, 1945, ch. 177, 59 Stat. 233; July 25, 1947, ch. 327, § 1, 61 Stat. 449, re- lated to the construction of pipe lines for the transpor- tation and/or distribution of petroleum or petroleum products moving in interstate commerce, or the exten- sion or completion of any such pipe lines already whol- ly or partly constructed, that might be necessary for national-defense purposes. Section 9 of Act July 30, 1941, provided that neither the President, any depart- ment or agency of the Government nor any person shall exercise any of the powers conferred by sections 2, 3, 4, or 6 of Act July 30, 1941, after June 30, 1946, and in no case shall any pipe line constructed, extended or com- pleted under authority of section 4 be operated or maintained by or under the direction or control of the President or any department or agency of the Govern- ment after the expiration of one year after the termi- nation of the unlimited national emergency proclaimed on May 27, 1941. Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of Act July 30, 1941, the date July 25, 1947, shall be deemed to be the date of termination of any state of war thereto- fore declared by Congress and of the national emer- gency proclaimed by the President on May 27, 1941. NATIONAL DEFENSE PIPE LINES AUTHORIZED BY ACT Construction of one or more national defense pipe lines from Port Saint Joe, and other points on the Gulf Coast of Florida to the Saint Johns River, Florida, and a crude-oil pipe line from Yazoo, Mississippi, to Charleston, South Carolina and/or Savannah, Georgia, was authorized by act July 23, 1942, ch. 520, § 1, 56 Stat. 703, as amended June 17, 1943, ch. 127, 57 Stat. 156. Executive Documents NATIONAL DEFENSE PIPE LINES AUTHORIZED BY PRESIDENTIAL PROCLAMATION Construction of a national defense pipe line from Baton Rouge, Louisiana, to Greensboro, North Caro- lina, by the Plantation Pipe Line Company was author- ized by Proc. No. 2505, Aug. 23, 1941, 6 F.R. 4429, 55 Stat. 1670. Construction of a national defense pipe line from South Portland, Maine, through North Troy, Vermont, to Montreal, Canada, by the Portland Pipe Line Com- pany was authorized by Proc. No. 2517, Oct. 1, 1941, 6 F.R. 5081, 55 Stat. 1691. Construction of a national defense pipe line from Port Saint Joe, Florida, to Chattanooga, Tennessee, by the Southeastern Pipe Line Company was authorized by Proc. No. 2508, Sept. 3, 1941, 6 F.R. 4583, 55 Stat. 1672. Construction of a national defense pipe line from El Dorado, Arkansas, to Helena, Arkansas, by the Project Five Pipe Line Corporation, was authorized by Proc. No. 2567, Aug. 28, 1942, 7 F.R. 6839, 56 Stat. 1975. § 715. Purpose of chapter It is declared to be the policy of Congress to protect interstate and foreign commerce from the diversion and obstruction of, and the burden and harmful effect upon, such commerce caused by contraband oil as herein defined, and to en- courage the conservation of deposits of crude oil situated within the United States. (Feb. 22, 1935, ch. 18, § 1, 49 Stat. 30.) Statutory Notes and Related Subsidiaries SHORT TITLE Act Feb. 22, 1935, which is classified to this chapter, is popularly known as the ‘‘Hot Oil Act’’ and also as the ‘‘Connally Hot Oil Act’’. Page 1183 TITLE 15—COMMERCE AND TRADE § 715d § 715a. Definitions As used in this chapter— (1) The term ‘‘contraband oil’’ means petro- leum which, or any constituent part of which, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from storage under the laws of a State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State, or any of the products of such petroleum, except petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws. (2) The term ‘‘products’’ or ‘‘petroleum prod- ucts’’ includes any article produced or derived in whole or in part from petroleum or any product thereof by refining, processing, manu- facturing, or otherwise. (3) The term ‘‘interstate commerce’’ means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, or from any place in the United States to a foreign country, but only insofar as such commerce takes place within the United States. (4) The term ‘‘person’’ includes an indi- vidual, partnership, corporation, or joint- stock company, (Feb. 22, 1935, ch. 18, § 2, 49 Stat. 30; Pub. L. 89–644, Oct. 13, 1966, 80 Stat. 890.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–644 inserted provisions in par. (1) ex- empting petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws. § 715b. Interstate transportation of contraband oil forbidden The shipment or transportation in interstate commerce from any State of contraband oil pro- duced in such State is prohibited. For the pur- poses of this section contraband oil shall not be deemed to have been produced in a State if none of the petroleum constituting such contraband oil, or from which it was produced or derived, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from stor- age under the laws of such State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State. (Feb. 22, 1935, ch. 18, § 3, 49 Stat. 31.) § 715c. Suspension of operation of section 715b of this title Whenever the President finds that the amount of petroleum and petroleum products moving in interstate commerce is so limited as to be the cause, in whole or in part, of a lack of parity be- tween supply (including imports and reasonable withdrawals from storage) and consumptive de- mand (including exports and reasonable addi- tions to storage) resulting in an undue burden on or restriction of interstate commerce in pe- troleum and petroleum products, he shall by proclamation declare such finding, and there- upon the provisions of section 715b of this title shall be inoperative until such time as the President shall find and by proclamation declare that the conditions which gave rise to the sus- pension of the operation of the provisions of such section no longer exist. If any provision of this section or the application thereof shall be held to be invalid, the validity of application of section 715b of this title shall not be affected thereby. (Feb. 22, 1935, ch. 18, § 4, 49 Stat. 31.) § 715d. Enforcement of chapter (a) Rules and regulations The President shall prescribe such regulations as he finds necessary or appropriate for the en- forcement of the provisions of this chapter, in- cluding but not limited to regulations requiring reports, maps, affidavits, and other documents relating to the production, storage, refining, processing, transporting, or handling of petro- leum and petroleum products, and providing for the keeping of books and records, and for the in- spection of such books and records and of prop- erties and facilities. (b) Certificate of clearance for petroleum and pe- troleum products Whenever the President finds it necessary or appropriate for the enforcement of the provi- sions of this chapter he shall require certificates of clearance for petroleum and petroleum prod- ucts moving or to be moved in interstate com- merce from any particular area, and shall estab- lish a board or boards for the issuance of such certificates. A certificate of clearance shall be issued by a board so established in any case where such board determines that the petroleum or petroleum products in question does not con- stitute contraband oil. Denial of any such cer- tificate shall be by order of the board, and only after reasonable opportunity for hearing. When- ever a certificate of clearance is required for any area in any State, it shall be unlawful to ship or transport petroleum or petroleum products in interstate commerce from such area unless a certificate has been obtained therefor. (c) Review of order of denial of certificate of clearance Any person whose application for a certificate of clearance is denied may obtain a review of the order denying such application in the United States District Court for the district wherein the board is sitting by filing in such court with- in thirty days after the entry of such order a written petition praying that the order of the board be modified or set aside, in whole or in part. A copy of such petition shall be forthwith served upon the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript, such court shall have jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the board shall be considered by the court unless such objection