7 U.S.C. § 491 — Destruction or dumping of farm produce

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 Repealed.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 Page 414 TITLE 7—AGRICULTURE § 492 received, concerning the handling, condition, quality, quantity, sale, or disposition thereof, or who shall knowingly and with intent to defraud fail truly and correctly to account therefor shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 and not more than $3,000, or by imprisonment for a period of not exceeding one year, or both, at the discretion of the court. (Mar. 3, 1927, ch. 309, § 1, 44 Stat. 1355.) Editorial Notes CODIFICATION Section constitutes part of section 1 of act Mar. 3, 1927. Remainder of section 1 was classified to section 492 of this title. § 492. Repealed. Aug. 9, 1955, ch. 632, § 2, 69 Stat. 553 Section, act Mar. 3, 1927, ch. 309, § 1, 44 Stat. 1355, re- lated to investigation of quality and condition of produce received in interstate commerce. See section 1622(h) of this title. § 493. Enforcement of provisions; prosecution of cases The Secretary of Agriculture is authorized and directed to enforce this chapter. It is made the duty of all United States attorneys to prosecute cases arising under this chapter, subject to the supervision and control of the Department of Justice. (Mar. 3, 1927, ch. 309, § 2, 44 Stat. 1355.) § 494. Rules and regulations; cooperation with States, etc., officers and employees; expendi- tures The Secretary of Agriculture may make such rules and regulations as he may deem advisable to carry out the provisions of this chapter and may cooperate with any department or agency of the Government, any State, Territory, Dis- trict, or possession, or department, agency, or political subdivision thereof, or any person; and may call upon any Federal department, board, or commission for assistance in carrying out the purposes of this chapter; and shall have the power to appoint, remove, and fix the compensa- tion of such officers and employees not in con- flict with existing law and make such expendi- ture for rent, outside the District of Columbia, printing, telegrams, telephones, books of ref- erence, books of law, periodicals, newspapers, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be deemed necessary to the administration of this chapter in the District of Columbia and else- where. (Mar. 3, 1927, ch. 309, § 3, 44 Stat. 1355.) Editorial Notes CODIFICATION Section constitutes part of section 3 of act Mar. 3, 1927. Remainder of section 3 is classified to sections 495 and 496 of this title. § 495. Authorization of appropriations There is authorized to be appropriated, out of any moneys in the Treasury not otherwise ap- propriated, such sums as may be necessary after the fiscal year beginning July 1, 1927 to carry out the purposes of this chapter. (Mar. 3, 1927, ch. 309, § 3, 44 Stat. 1355.) Editorial Notes CODIFICATION Section constitutes part of section 3 of act Mar. 3, 1927. Remainder of section 3 is classified to sections 494 and 496 of this title. § 496. Validity of other statutes dealing with same subject This chapter shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this chapter, but it is intended that all such statutes shall re- main in full force and effect, except insofar only as they are inconsistent herewith or repugnant hereto. (Mar. 3, 1927, ch. 309, § 3, 44 Stat. 1355.) Editorial Notes CODIFICATION Section constitutes part of section 3 of act Mar. 3, 1927. Remainder of section 3 is classified to sections 494 and 495 of this title. § 497. Separability If any provision of this chapter is declared un- constitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby. (Mar. 3, 1927, ch. 309, § 4, 44 Stat. 1356.) CHAPTER 20A—PERISHABLE AGRICULTURAL COMMODITIES Sec. 499a. Short title and definitions. 499b. Unfair conduct. 499b–1. Products produced in distinct geographic areas. 499c. Licenses. 499d. Issuance of license. 499e. Liability to persons injured. 499f. Complaints, written notifications, and inves- tigations. 499g. Reparation order. 499h. Grounds for suspension or revocation of li- cense. 499i. Accounts, records, and memoranda; duty of licensees to keep; contents; suspension of li- cense for violation of duty. 499j. Orders; effective date; continuance in force; suspension, modification and setting aside; penalty. 499k. Injunctions; application of injunction laws governing orders of Interstate Commerce Commission. 499l. Violations; report to Attorney General; pro- ceedings; costs. 499m. Complaints; procedure, penalties, etc. 499n. Inspection of perishable agricultural com- modities. 499o. Rules, regulations, and orders; appointment, removal, and compensation of officers and employees; expenditures; authorization of appropriations; abrogation of inconsistent statutes.