7 U.S.C. § 55 — Fees and charges for cotton classing and re-

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. Page 161 TITLE 7—AGRICULTURE § 60 APPROPRIATION ACCOUNT Effective July 1, 1935, the appropriation account for expenses provided for in this chapter was abolished by act June 26, 1934, ch. 756, § 5, 48 Stat. 1228. § 56. Establishment of cotton standards; fur- nishing copies of established standards sold The Secretary of Agriculture is authorized to establish from time to time standards for the classification of cotton by which its quality or value may be judged or determined for commer- cial purposes which shall be known as the offi- cial cotton standards of the United States. Any such standard or change or replacement thereof shall become effective only on and after a date specified in the order of the Secretary of Agri- culture establishing the same, which date shall be not less than one year after the date of such order: Provided, That the official cotton stand- ards established, effective August 1, 1923, under the United States Cotton Futures Act shall be at the same time the official cotton standards for the purpose of this chapter unless and until changed or replaced under this chapter. When- ever any standard or change or replacement thereof shall become effective under this chap- ter, it shall also, when so specified in the order of the Secretary of Agriculture, become effec- tive for the purposes of the United States Cotton Futures Act and supersede any inconsistent standard established under said Act. Whenever the official cotton standards of the United States established under this chapter shall be represented by practical forms the Department of Agriculture shall furnish copies thereof, upon request, to any person, and the cost thereof, as determined by the Secretary of Agriculture, shall be paid by the person making the request. The Secretary of Agriculture may cause such copies to be certified under the seal of the De- partment of Agriculture and may attach such conditions to the purchase and use thereof, in- cluding provision for the inspection, condemna- tion, and exchange thereof by duly authorized representatives of the Department of Agri- culture as he may find to be necessary to the proper application of the official cotton stand- ards of the United States. (Mar. 4, 1923, ch. 288, § 6(a), formerly § 6, 42 Stat. 1518; renumbered § 6(a), Sept. 21, 1944, ch. 412, § 401(b), 58 Stat. 738.) Editorial Notes REFERENCES IN TEXT The United States Cotton Futures Act, referred to in text, is part A of act Aug. 11, 1916, ch. 313, 39 Stat. 476, which was repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. For complete classification of this Act to the Code prior to its repeal, see Tables. CODIFICATION Section is composed of the first five sentences of sub- sec. (a) of section 6 of act Mar. 4, 1923, as renumbered by section 401(b), of act Sept. 21, 1944. Last sentence of subsec. (a) of section 6 is classified to section 57 of this title. Subsec. (b) of section 6 is classified to section 57a of this title. § 57. Disposition of proceeds of sale of cotton and of copies of standards Any moneys received from or in connection with the sale of cotton purchased for the prepa- ration of the copies mentioned in section 56 of this title and condemned as unsuitable for such use or with the sale of such copies may be ex- pended for the purchase of other cotton for such use. (Mar. 4, 1923, ch. 288, § 6(a), formerly § 6, 42 Stat. 1518; renumbered § 6(a), Sept. 21, 1944, ch. 412, § 401(b), 58 Stat. 738.) Editorial Notes CODIFICATION Section is composed of the last sentence of subsec. (a) of section 6 of act Mar. 4, 1923, as renumbered by sec- tion 401(b) of act Sept. 21, 1944. First five sentences of subsec. (a) of section 6 is classified to section 56 of this title. Subsec. (b) of section 6 is classified to section 57a of this title. § 57a. Agreements with cotton associations, etc., in foreign countries to establish cotton standards The Secretary of Agriculture is authorized to effectuate agreements with cotton associations, cotton exchanges, and other cotton organiza- tions in foreign countries, for (1) the adoption, use, and observance of universal standards of cotton classification, (2) the arbitration or set- tlement of disputes with respect thereto, and (3) the preparation, distribution, inspection, and protection of the practical forms or copies thereof under such agreements. (Mar. 4, 1923, ch. 288, § 6(b), as added Sept. 21, 1944, ch. 412, title IV, § 401(b), 58 Stat. 738.) Editorial Notes CODIFICATION Section was enacted as subsec. (b) of section 6 of act Mar. 4, 1923, by act Sept. 21, 1944, § 401(b). Subsec. (a) of section 6 is classified to sections 56 and 57 of this title. § 58. General inspection and sampling of cotton In order to carry out the provisions of this chapter, the Secretary of Agriculture is author- ized to cause the inspection, including the sam- pling, of any cotton involved in any transaction or shipment in commerce, wherever such cotton may be found, or of any cotton with respect to which a determination of the true classification is requested under section 54 of this title. (Mar. 4, 1923, ch. 288, § 7, 42 Stat. 1518.) § 59. Offenses in relation to cotton standards It shall be unlawful for any person (a) with in- tent to deceive or defraud, to make, receive, use, or have in his possession any simulate or coun- terfeit practical form or copy of any standard or part thereof established under this chapter; or (b) without the written authority of the Sec- retary of Agriculture, to make, alter, tamper with, or in any respect change any practical form or copy of any standard established under this chapter; or (c) to display or use any such practical form or copy after the Secretary of Ag- riculture shall have caused it to be condemned. (Mar. 4, 1923, ch. 288, § 8, 42 Stat. 1519.) § 60. Penalties for violations (a) Any person who shall knowingly violate any provision of sections 52 or 59 of this title, or