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for rent outside the District of Columbia for printing, telegrams, telephones, law books, books of reference, maps, publications, furniture, stationery, office equipment, travel and subsistence allowances and other supplies and expenses as shall be necessary to the administration of sections 541-545 of this title in the District of Columbia and elsewhere. With the approval of the Secretary of State, an officer of the Foreign Agricultural Service may enter into leases for office quarters, and may pay rent, telephone, subscriptions to publications, and other charges incident to the conduct of his office and the discharge of his duties, in advance in any foreign country where custom or practice requires payment in advance. (June 5, 1930, ch. 399, § 5, 46 Stat. 499; Reorg. Plan No. II, § 1 (a), (b), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1431.)

TRANSFER OF FUNCTIONS Transfer of Foreign Agricultural Service and functions to Department of State, see note preceding section 541 of this title.

Chapter 24.---PERISHABLE AGRICULTURAL COMMODITIES ACT 88 551-568. Perishable Agricultural Commodities Act. Sections 551-568 have become sections 499a-499r of this title.

Chapter 25.-EXPORT STANDARDS FOR APPLES AND PEARS $ 581. Standards of export; establishment; shipping without certificate forbidden; hearings.—It shall be unlawful for any person to ship or offer for shipment or for any carrier, or any steamship company, or any person to transport or receive for transportation to any foreign destination, except as provided in this chapter, any apples and/or pears in packages which are not accompanied by a certificate issued under authority of the Secretary of Agriculture showing that such apples or pears are of a Federal or State grade which meets the minimum of quality established by the Secretary for shipment in export. The Secretary is authorized to prescribe, by regulations, the requirements, other than those of grade, which the fruit must meet before certificates are issued. The Secretary shall provide opportunity, by public hearing or otherwise, for interested persons to examine and make recommendation with respect to any standard of export proposed to be established or designated, or regulation prescribed, by the Secretary for the purposes of this chapter. (June 10, 1933, ch. 59, § 1, 48 Stat. 123.)

8 582. Notice of establishment of standards; shipments under contracts made before adoption of standards.-The Secretary shall give reasonable notice through one or more trade papers of the effective date of standards of export established or designated by him under this chapter: Provided, That any apples or pears may be certified and shipped for export in fulfillment of any contract made within six months prior to the date of such shipment if the terms of such contract were in accordance with the grades and regulations of the Secretary in effect at the time the contract was made. (June 10, 1933, ch. 59, $ 2, 48 Stat. 123.)

8 583. Foreign standards; certication of compliance.- Where the government of the country to which the shipment is to be made has standards or requirements as to condition of apples or pears, the Secretary may in addition to inspection and certification for compliance with the standards established or designated hereunder inspect and certify for determination as to compliance with the standards or requirements of such foreign government and may provide for special certificates in such cases. (June 10, 1933, ch. 59, § 3, 48 Stat. 124.)

8 584. Shipments of less than carload lots; exemptions.-Apples or pears in less than carload lots as defined by the Secretary may, in his discretion, be shipped to any foreign country without complying with the provisions of this chapter. (June 10, 1933, ch. 59, 84, 48 Stat. 124.)

8 585. Fees for inspection and certification; certificates as prima facie evidence. For inspecting and certifying the grade, quality, and/or condition of apples and/or pears, the Secretary shall cause to be collected a reasonable fee which shall as nearly as may be cover the cost of the service rendered: Provided, That when cooperative arrangements satisfactory to the Secretary, or his designated representative, for carrying out the purposes of this chapter cannot be made the fees collected hereunder in such cases shall be available until expended to defray the cost of the service rendered, and in such cases the limitations on the amounts expended for the purchase and maintenance of motorpropelled passenger-carrying vehicles shall not be applicable: Provided further, That certificates issued by the authorized agents of the United States Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained. (June 10, 1933, ch. 59, § 5, 48 Stat. 124.)

8 586. Refusal of certificates for violations of laws; penalties for violations. After opportunity for hearing the Secretary is authorized to refuse the issuance of certificates under this chapter for periods not exceeding ninety days to any person who ships or offers for shipment any apples and/or pears in foreign commerce in violation of any of the provisions of this chapter. Any person or any common carrier or any transportation agency knowingly violating any of the provisions of this chapter shall be fined not less than $100 nor more than $10,000 by a court of competent jurisdiction. (June 10, 1933, ch. 59, § 6, 48 Stat. 124.)

8 587. Rules and regulations; cooperation with other agencies; compensation of officers and employees; effect on other laws relating to same subject matter.-The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter, and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person, whether operating in one or more jurisdictions, and shall have the power to appoint, remove, and fix the compensation of such officers and employees not on conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses, including reporting services, as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere, and as may be appropriated for by Congress. 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 remain in full force and effect except insofar as they are inconsistent herewith or repugnant hereto. (June 10, 1933, ch. 59, 87, 48 Stat. 124.)

8 588. Separability clause. If any provision of this chapter or the application thereof to any person or circumstances 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. (June 10, 1933, ch. 59, § 8, 48 Stat. 124.)

8 589. Definitions.--When used in this chapter

(1) The term “person" includes individuals, partnerships, corporations, and associations.

(2) The term "Secretary of Agriculture" means the Secretary of Agriculture of the United States.

(3) Except as provided herein, the term “foreign commerce" means commerce between any State, or the District of Columbia, and any place outside of the United States or its possessions.

(4) The term "apples and/or pears" means fresh whole apples or pears, whether or not they have been in storage. (June 10, 1933, ch. 59, § 9, 48 Stat. 124.)

Chapter 26.-AGRICULTURAL ADJUSTMENT ACT OF 1933

DECLARATION OF CONDITIONS AND POLICY

§ 601. Declaration of conditions. It is hereby declared that the disruption of the orderly exchange of commodities in interstate commerce impairs the purchasing power of farmers and destroys the value of agricultural assets which support the national credit structure and that these conditions affect transactions in agricultural commodities with a national public interest, and burden and obstruct the normal channels of interstate commerce. (May 12, 1933, ch. 25, title I, § 1, 48 Stat. 31; June 3, 1937, ch. 296, &$ 1, 2 (a), 50 Stat. 246.)

VALIDITY OF CERTAIN SECTIONS AFFIRMED Act June 3, 1937, ch. 296, SS 1, 2, 50 Stat. 246, provided as follows:

“The following, provisions of the Agricultural Adjustment Act, as amended, not having been intended for the control of the production of agricultural commodities, and having been intended to be effective irrespective of the validity of any other provision of that Act are expressly affirmed and validated, and are reenacted without change except as provided in section 2:

"(a) Section 1 (relating to the declaration of emergency [this section]);

“(b) Section 2 (relating to declaration of policy [section 602 of this title]);

"(c) Section 8a (5), (6),.(7), (8), and (9) (relating to violations and enforcement [section 608a (5), (6), (1), (8), and (9) of this title]);

“(d) Section 8b (relating to marketing agreements (section 608b of this title]);

(e) Section 8c (relating to orders (section 608c of this title));

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(f) Section 8d (relating to books and records [section 608d of this title]);

"(g) Section 8e (relating to determination of base period (section 608e of this title]); "(h) Section 10 (a), (b) (2), (c), (f), (g), (h), and (i) (miscellaneous

(b)

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(c), title]);

"(i) Section 12 (a) and (c) (relating to appropriation and expenses); “(j) Section 14 (relating to separability [section 614 of this title]); "(k) Section 22 (relating to imports (section 624 of this title]). "SEC. 2. The following provisions, reenacted in section 1 of this act, are amended as follows:

[sections 601, 602 (1), 608a (6), 608c (5) (B) (d), (6), (B), (18), (19), 610 (c), (f), 612 (a)]."

Section 2 of act June 3, 1937, also added subdivision (j) to section 610.

Said section 2 of act June 3, 1937, was amended by act August 5, 1937, ch. 567, 50 Stat. 563, which amending act provided for amendments to subdivisions (2) and (6) of section 608c of this title.

TERMINATION OF APPLICATION TO SUGAR Provisions of this section ceased to apply to sugar on Sept. 1, 1937. See section 1180 of this title.

§ 602. Declaration of policy; establishment of base periods for prices.It is hereby declared to be the policy of Congress

(1) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for agricultural commodities in interstate commerce as will establish prices to farmers at a level that will give agricultural commodities a purchasing power with respect to articles that farmers buy, equivalent to the purchasing power of agricultural commodities in the base period. The base period in the case of all agricultural commodities except tobacco and potatoes shall be the prewar period, August 1909-July 1914. In the case of tobacco and potatoes, the base period shall be the postwar period, August 1919-July 1929; and, in the case of all commodities for which the base period is the pre-war period, August 1909 to July 1914, will also reflect current interest payments per acre on farm indebtedness secured by real estate and tax payments per acre on farm real estate, as contrasted with such interest payments and tax payments during the base period.

(2) To protect the interest of the consumer by (a) approaching the level of prices which it is declared to be the policy of Congress to establish in subsection (1) of this section by gradual correction of the current level at as rapid a rate as the Secretary of Agriculture deems to be in the public interest and feasible in view of the current consumptive demand in domestic and foreign markets, and (b) authorizing no action under this title which has for its purpose the maintenance of prices to farmers above the level which it is declared to be the policy of Congress to establish in subsection (1) of this section. (May 12, 1933, ch. 25, title I, $ 2, 48 Stat. 32; Aug. 24, 1935, ch. 641, $$ 1, 62, 49 Stat. 750, 782; June 3, 1937, ch. 296, 88 1, 2 (b), 50 Stat. 246, 247.)

VALIDITY OF SECTION AFFIRMED Act June 3, 1937, ch. 296, § 1, 50 Stat. 246, affirmed and validated, and reenacted without change the provisions of this section except for the amendment to subdivision (1) by section 2 of the act. See note to section 101 of this title.

650673_46-22

TERMINATION OF APPLICATION TO SUGAR Provisions of this section ceased to apply to sugar on Sept. 1, 1937. See section 1180 of this title.

COTTON OPTION CONTRACTS § 603. Government owned cotton; transfer to Secretary of Agriculture; powers of Secretary.—The Farm Credit Administration and all departments and other agencies of the Government, not including the Federal intermediate credit banks are hereby directed

(a) To sell to the Secretary of Agriculture at such price as may be agreed upon, not in excess of the market price, all cotton now owned by them.

(b) To take such action and to make such settlements as are necessary in order to acquire full legal title to all cotton on which money has been loaned or advanced by any department or agency of the United States, including futures contracts for cotton or which is held as collateral for loans or advances and to make final settlement of such loans and advances as follows:

(1) In making such settlements with regard to cotton, including operations to which such cotton is related, such cotton shall be taken over by all such departments or agencies other than the Secretary of Agriculture at a price or sum equal to the amounts directly or indirectly loaned or advanced thereon and outstanding, including loans by the Government, department or agency and any loans senior thereto, plus any sums required to adjust advances to growers to 90 per centum of the value of their cotton at the date of its delivery in the first instance as collateral to the department or agency involved, such sums to be computed by subtracting the total amount already advanced to growers on account of pools of which such cotton was a part, from 90 per centum of the value of the cotton to be taken over as of the time of such delivery as collateral, plus unpaid accrued carrying charges and operating costs on such cotton, less, however, any existing assets of the borrower derived from net income, earnings, or profits arising from such cotton, and from operations to which such cotton is related; all as determined by the department or agency making the settlement.

(2) The Secretary of Agriculture shall make settlements with respect to cotton held as collateral for loans or advances made by him on such terms as in his judgment may be deemed advisable, and to carry out the provisions of this section, is authorized to indemnify or furnish bonds to warehousemen for lost warehouse receipts and to pay the premiums on such bonds.

When full legal title to the cotton referred to in (b) has been acquired, it shall be sold to the Secretary of Agriculture for the purposes of this section, in the same manner as provided in (a).

(c) The Secretary of Agriculture is hereby authorized to purchase the cotton specified in paragraphs (a) and (b). (May 12, 1933, ch. 25, title I, § 3, 48 Stat. 32; Ex. Ord. No. 6084, Mar 22, 1933.)

8 604. Borrowing money; expenditures of funds; authority of Secretary of Agriculture.-(a) The Secretary of Agriculture shall have authority to borrow money upon all cotton in his possession

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