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7 U.S.C. § 511q — Short title
Federal law — U.S. Code and appendices · legal_authorities
Page 439
TITLE 7—AGRICULTURE
§§ 515 to 515k
(Aug. 23, 1935, ch. 623, § 15, 49 Stat. 735.)
§ 511o. Separability
If any provision of this chapter or the applica-
tion thereof to any person or circumstance is
held invalid, the validity of the remainder of the
chapter and of the application of such provision
to other persons and circumstances shall not be
affected thereby.
(Aug. 23, 1935, ch. 623, § 16, 49 Stat. 735.)
§ 511p. Delegation of duties by Secretary of Agri-
culture
Any duties devolving upon the Secretary of
Agriculture by virtue of the provisions of this
chapter may with like force and effect be exe-
cuted by such officer or officers, agent or
agents, of the Department of Agriculture as the
Secretary may designate for the purpose.
(Aug. 23, 1935, ch. 623, § 17, 49 Stat. 735.)
§ 511q. Short title
This chapter may be cited as ‘‘The Tobacco In-
spection Act.’’
(Aug. 23, 1935, ch. 623, § 18, 49 Stat. 735.)
§ 511r. Repealed. Pub. L. 108–357, title VI,
§ 611(b), Oct. 22, 2004, 118 Stat. 1522
Section, Pub. L. 98–180, title II, § 213, Nov. 29, 1983, 97
Stat. 1149; Pub. L. 99–198, title XI, §§ 1161, 1166, Dec. 23,
1985, 99 Stat. 1498, 1501; Pub. L. 100–418, title I, § 1214(b),
Aug. 23, 1988, 102 Stat. 1156; Pub. L. 101–508, title I,
§ 1204(c), Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 101–624,
title XXV, § 2511, Nov. 28, 1990, 104 Stat. 4073; Pub. L.
103–66, title I, § 1106(c), Aug. 10, 1993, 107 Stat. 323, re-
lated to inspection of imported tobacco.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal applicable to the 2005 and subsequent crops of
tobacco, see section 643 of Pub. L. 108–357, set out as an
Effective Date note under section 518 of this title.
SAVINGS PROVISION
Repeal not to affect the liability of any pers
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Page 439
TITLE 7—AGRICULTURE
§§ 515 to 515k
(Aug. 23, 1935, ch. 623, § 15, 49 Stat. 735.)
§ 511o. Separability
If any provision of this chapter or the applica-
tion thereof to any person or circumstance is
held invalid, the validity of the remainder of the
chapter and of the application of such provision
to other persons and circumstances shall not be
affected thereby.
(Aug. 23, 1935, ch. 623, § 16, 49 Stat. 735.)
§ 511p. Delegation of duties by Secretary of Agri-
culture
Any duties devolving upon the Secretary of
Agriculture by virtue of the provisions of this
chapter may with like force and effect be exe-
cuted by such officer or officers, agent or
agents, of the Department of Agriculture as the
Secretary may designate for the purpose.
(Aug. 23, 1935, ch. 623, § 17, 49 Stat. 735.)
§ 511q. Short title
This chapter may be cited as ‘‘The Tobacco In-
spection Act.’’
(Aug. 23, 1935, ch. 623, § 18, 49 Stat. 735.)
§ 511r. Repealed. Pub. L. 108–357, title VI,
§ 611(b), Oct. 22, 2004, 118 Stat. 1522
Section, Pub. L. 98–180, title II, § 213, Nov. 29, 1983, 97
Stat. 1149; Pub. L. 99–198, title XI, §§ 1161, 1166, Dec. 23,
1985, 99 Stat. 1498, 1501; Pub. L. 100–418, title I, § 1214(b),
Aug. 23, 1988, 102 Stat. 1156; Pub. L. 101–508, title I,
§ 1204(c), Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 101–624,
title XXV, § 2511, Nov. 28, 1990, 104 Stat. 4073; Pub. L.
103–66, title I, § 1106(c), Aug. 10, 1993, 107 Stat. 323, re-
lated to inspection of imported tobacco.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal applicable to the 2005 and subsequent crops of
tobacco, see section 643 of Pub. L. 108–357, set out as an
Effective Date note under section 518 of this title.
SAVINGS PROVISION
Repeal not to affect the liability of any person under
this section with respect to the 2004 or an earlier crop
of tobacco, see section 614 of Pub. L. 108–357, set out as
a note under section 515 of this title.
§ 511s. Grading of tobacco
(1) In general
Not later than March 31, 2002, the Secretary of
Agriculture (referred to in this section as the
‘‘Secretary’’) shall conduct referenda among
producers of each kind of tobacco that is eligible
for price support under the Agricultural Act of
1949 (7 U.S.C. 1421 et seq.) to determine whether
such producers favor the mandatory grading of
that kind of tobacco by the Secretary.
(2) Mandatory grading
(A) In general
If the Secretary determines that mandatory
grading is favored by a majority of the pro-
ducers of a kind of tobacco voting in the ref-
erendum, the Secretary is authorized and di-
rected to ensure that the kind of tobacco is
graded at the time of sale effective for the 2002
and subsequent marketing years.
(B) Fees
To the maximum extent practicable, the
Secretary shall establish, collect, and use fees
for the grading of tobacco required under this
section in the same manner as user fees for
the grading of tobacco sold at auction author-
ized under the Tobacco Inspection Act (7
U.S.C. 511 et seq.).
(3) Judicial review
A determination by the Secretary under this
section shall not be subject to judicial review.
(Pub. L. 107–76, title VII, § 759(a), Nov. 28, 2001,
115 Stat. 741.)
Editorial Notes
REFERENCES IN TEXT
The Agricultural Act of 1949, referred to in par. (1), is
act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified
principally to chapter 35A (§ 1421 et seq.) of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 1421 of this title
and Tables.
The Tobacco Inspection Act, referred to in par. (2)(B),
is act Aug. 23, 1935, ch. 623, 49 Stat. 731, which is classi-
fied generally to this chapter. For complete classifica-
tion of this Act to the Code, see section 511q of this
title and Tables.
CODIFICATION
Section was enacted as part of the Agriculture, Rural
Development, Food and Drug Administration, and Re-
lated Agencies Appropriations Act, 2002, and not as
part of The Tobacco Inspection Act which comprises
this chapter.
CHAPTER 21B—TOBACCO CONTROL
§§ 515 to 515k. Repealed. Pub. L. 108–357, title VI,
§ 611(c), Oct. 22, 2004, 118 Stat. 1522
Section 515, act Apr. 25, 1936, ch. 249, § 1, 49 Stat. 1239,
related to tobacco production compacts between
States.
Section 515a, act Apr. 25, 1936, ch. 249, § 2, 49 Stat. 1240,
defined terms as used in this chapter.
Section 515b, act Apr. 25, 1936, ch. 249, § 3, 49 Stat. 1240,
related to advancement of funds for administrative ex-
penses.
Section 515c, act Apr. 25, 1936, ch. 249, § 4, 49 Stat. 1240,
related to designation of persons to provide advice with
compact administration.
Section 515d, act Apr. 25, 1936, ch. 249, § 5, 49 Stat. 1240,
related to loans to certain associations of tobacco pro-
ducers.
Section 515e, act Apr. 25, 1936, ch. 249, § 6, 49 Stat. 1241,
related to availability of Department of Agriculture
records and facilities.
Section 515f, act Apr. 25, 1936, ch. 249, § 7, 49 Stat. 1241,
authorized appropriations and provided for disposition
of repayments of advances or loans.
Section 515g, act Apr. 25, 1936, ch. 249, § 8, 49 Stat. 1241,
related to availability of funds to other agencies.
Section 515h, act Apr. 25, 1936, ch. 249, § 9, 49 Stat.
1241, related to effect of compacts between States pro-
ducing cigar tobacco on Puerto Rican commerce.
Section 515i, act Apr. 25, 1936, ch. 249, § 10, 49 Stat.
1242, related to disposition of receipts from sales of
marketing certificates.
Section 515j, act Apr. 25, 1936, ch. 249, § 11, 49 Stat.
1242, related to separability of provisions.
Section 515k, act Apr. 25, 1936, ch. 249, § 12, 49 Stat.
1242, authorized promulgation of rules and regulations.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
**(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
**(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi
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Federal law — U.S. Code and appendices · legal_authorities
Page 701
TITLE 7—AGRICULTURE
§ 1421
Sec.
1430.
Retroactive effect.
1431.
Disposition of commodities to prevent
waste.
1431a.
Cotton donations to educational institu-
tions.
1431b.
Distribution of surplus commodities to
other United States areas.
1431c.
Enrichment and packaging of cornmeal,
grits, rice, and white flour available
for distribution.
1431d.
Donations for school feeding programs
abroad; student financing; priorities.
1431e.
Distribution of surplus commodities to
special nutrition projects; reprocessing
agreements with private companies.
1431f.
Assistance to foreign countries to miti-
gate effects of HIV and AIDS.
1432.
Extension of price support on long staple
cotton seeds and products.
1433.
Repealed.
1433a.
Forgiveness of violations; determina-
tions.
1433b.
Processing of surplus agricultural com-
modities into liquid fuels and agricul-
tural commodity byproducts.
1433c.
Advance recourse commodity loans.
1433c–1.
Advance recourse loans.
1433d to 1433f. Omitted or Repealed.
1434.
Encouragement of production of crops of
which United States is a net importer
and for which price support programs
are not in effect; authority to plant on
set-aside acreage with no reduction in
payment rate.
1435.
Production of commodities for conver-
sion into alcohol or hydrocarbons for
use as motor fuels or other fuels; terms
and conditions; determinations; pay-
ments, etc., for program.
1436.
Reimbursement of appropriations avail-
able for classing or grading agriculture
commodities without charge.
1436a.
Transfer of nonadministrative funds of
Commodity
Credit
Corporation
for
classing and grading purposes.
SUBCHAPTER II—BASIC AGRICULTURAL
COMMODITIES
1441.
Price support levels.
1441–1.
Omitted.
1441–1a.
Marketing
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** “Person” includes partnerships, associations, and corporations, as well as individuals.
**(b)** “Secretary” means the Secretary of Agriculture of the United States.
**(c)** “Inspector” means any person employed, licensed, or authorized by the Secretary to determine and certify the type, grade, condition, or other characteristics of tobacco.
**(d)** “Sampler” means any person employed, licensed, or authorized by the Secretary to select, tag, and seal official samples of tobacco.
**(e)** “Weigher” means any person employed, licensed, or authorized by the Secretary to weigh and certify the weight of tobacco.
**(f)** “Tobacco” means tobacco in its unmanufactured form.
**(g)** “Auction market” means a market or place to which tobacco is delivered by the producers thereof, or their agents, for sale at auction through a warehouseman or commission merchant.
**(h)** Words in the singular form shall be deemed to import the plural form when necessary.
**(i)** “Commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. For the purposes of this chapter (but not in any wise limiting the foregoing definition) a transaction in respect to tobacco shall be considered to be in commerce if such tobacco is part of that current of commerce usual in the tobacco industry whereby tobacco or products manufactured therefrom are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general
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Federal law — U.S. Code and appendices · legal_authorities
Page 435
TITLE 7—AGRICULTURE
§ 511d
Sec.
511i.
Offenses.
511j.
Publication of violations.
511k.
Penalty for violations.
511l.
Act of agent as that of principal.
511m.
Regulation; hearings; employees; expendi-
tures; authorization of appropriations.
511n.
Hearings; examination of witnesses; refusal
to testify or produce evidence.
511o.
Separability.
511p.
Delegation of duties by Secretary of Agri-
culture.
511q.
Short title.
511r.
Repealed.
511s.
Grading of tobacco.
§ 511. Definitions
When used in this chapter—
(a) ‘‘Person’’ includes partnerships, associa-
tions, and corporations, as well as individuals.
(b) ‘‘Secretary’’ means the Secretary of Agri-
culture of the United States.
(c) ‘‘Inspector’’ means any person employed,
licensed, or authorized by the Secretary to de-
termine and certify the type, grade, condition,
or other characteristics of tobacco.
(d) ‘‘Sampler’’ means any person employed, li-
censed, or authorized by the Secretary to select,
tag, and seal official samples of tobacco.
(e) ‘‘Weigher’’ means any person employed, li-
censed, or authorized by the Secretary to weigh
and certify the weight of tobacco.
(f) ‘‘Tobacco’’ means tobacco in its unmanu-
factured form.
(g) ‘‘Auction market’’ means a market or
place to which tobacco is delivered by the pro-
ducers thereof, or their agents, for sale at auc-
tion through a warehouseman or commission
merchant.
(h) Words in the singular form shall be deemed
to import the plural form when necessary.
(i) ‘‘Commerce’’ means commerce between any
State, Territory, or possession, or the District of
Columbia, and any place outside thereof; or be-
tween points within the same State, Territory,
or possession, or the District of Columbia, but
through any place outside thereof; or w
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as “The Tobacco Inspection Act.”
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