TITLE 7.

-AGRIOUII'URB § 71
Futures Act constituting chapter 13 of Title 26, Internal Reve- I sampling and classification of cotton ny be avoided, and may
nue, and supersede any inconsistent standard establishcd under cooperate with any department or agency of the Government,
said sections. Whenever the official cotton standards of the any State, Territory, District, or possession, or department,
United States established under this chapter shall be repre- agency, or political subdivision thereof, or any person, ats he
sented by practical forms the I)epartment of Agriculture shall shall find to be necessary. (Mar. 4, 1923, c. 288, § 10, .12 Stat.
furnish copies thereof, upon requet, to any person, and the 1519.)
cost thereof, as determined by the Secretary of Agriculture, 62. Definitions; "person "; "commerce "; "cotton."-Wher-
shall be paid by the person making the request. The Secretary ever used in this chapter, (a) the word "person" imports the
of Agriculture may cause such copies to be certilled under the plural or the singular, as the case demands, and Includes an
seal of the )epartment of Agriculture and may attach such Individual, a partnership, a corporation, or two or more per-
conlitions to the purchase and use thereof', including provision sons having a joint or common interest ; (b) the word "coin-
for the inspection, condemnatio, find exchange thereof by duly inerce " neans commerce between any State or the )istrict
inllIirized representatives of the Departmsent of Agriculture, of Columbia and any place outside thereof, or between polnts
as he may find to be necessary to the proper application of the within the saine State or the District of Columbia but through
official cotton standards of the United States. (Mar. 4, 1923, any place outside thereof, or vithin the District of Colulla;
c. 288, § 0, 42 Stat. 1518.) and (c) the word "cotton" means colin of any variety pro-
57. Disposition ot proceeds of sale of cotton and of copies' duced within the continental United States, linluding linters.
of standards.-Any moneys received from or iln connection with (Mar. 4, 1923, c. 288, § 11, 42 Stat. 1519. 1
the sale of cotton purchase(] for the preparation of the copies, 63. Liability of principal for act of afent.-Whea constraing
mentioned in the preceding section, and condemned as unsoita- and enforcing the provisions of this chapter, tin' act, oni.islon,
hie for such use or with the sale of such copies may be expend- or failure of any agent, oftl'er, o1r otiiir per'ston actlng for or
ed for the purchase of other cotton for such use. (Mar. 4, employed by any persol, wNi thmi alie scope of Ills eililoymielit
1923, c. 288, § 6,42 Stat. 1518.) or offlice, shall in every case ibe deemed also the lici, (,iiiiSsion,
58. General inspection and samlpling of cotton.-In order or failure of such person as well as tha. of such agent, olicer,
to carry out the prov).slons of this chapter, the Secretary of or other person. (Mar. ,4, 1923, P. 28S, § 11, 42 Sto. 1519.)
Agriculture is autlorized to cause the inspection, inelUling 64. Appropriation for expenses; appointment by Secretary
tile samldlng, of any cotton involved in any transaction or of officers and agents; compensation.-There are hereby inithl'-
shipment ilicomnnerce, wherever such cotton may be found, ized to lie appropriated out of fny moneys ii the Treasury not
or of any cotton with respect to which a determination of the otirwlse appropriated, such sums as mly lie ilee.ssllY for
true classification is requested under section 54 of this clhap- carrying out tile provisfions of this chapi or; amid the Sec retary
ter. (Mar. 4, 1923, e. 288, § 7, 42 Stat. 1518.) of Agriculture Is authorized, within lie linimits of such apiro-
59. Offenses in relatin to cotton standards.-It shall bo iriatiiis, to '1ppoint, remove, aild ilx it(' Ciiiii)e(n1sati hus of su ch
unlawful for any person (a) with intent to deceive or defraud, Offi'ers and (mpilloyces, not in conflict witl existing Iaw, and
to nake, receive, use, or lhave" ii his possession auiy simulate or 1aike ti lh expendit ares for rent out.h Ithe1 District of Ghilum-
counterfeit practical form or copy of any standard or part bia, printing, telegranis, telephones, lw books, books of refer-
thereof estalilished ider this chapter; or (b) without the ence, iperiodb'als, furniture, stat loliery, iillice eiiilm'invil, travel.
written authority of tileSecretary of Agriculture, to make, ind oiher supplies find exiellses is slitill be iecessary to the
alter, tamper with, or in any resIlect change any practical form administration of this chapter in tle 1)itrict of Colniubhit aid
or copy of any standard established under this chapter; or clseihere. (Mar. 4, 1923, c. 288, § 12, .12 Stitt. 1519.)
(c) to display or use any such practical form or copy after 65. Effect of partial invalidity.-If any provision of thil
the Secretary of Agriculture shall have caused It to be con- chapter or the application thereof to any person or cel,'n-
demned. (Mar. 4, 1923, c. 288, § 8, 42 Stat. 1519.) stances is held invalid, tie validity of the remainder of ilae
60. Penalties for violations.-(a) Any person who shall chapter find the application of such provision to olher persons
•mtowingly violate nay provision of sections 52 or 59 of this and circumstances shll not be affected thereby. (Mar. 4, 1923,
chapter, or (b) any person licensed under this chapter who, c. 288, § 13, 42 Stat. 1520.)
for the purposes of or in connection with any transaction or
shipment it commerce, shall knowingly classify cotton inprop- Chapter 3.-GRA1N STANI)ARI)S ACT.
eriy, or shall knowingly falsify or forge any certificate of Sec.
classification, or shall accept money or other consideration, 71. Short title of chimter.
either directly or indirectly, for any neglect or improper per- 72. Dlefnitloi i; "pe mweo "; " lai,'siate or f0169ei ctilUtii O."
formance of duty as such licensee, or (c) any prrsol. who 73. Liability of lnhtcllil for at of agent.
74. l,'uvit liohment of grain sitandards by Socretlary; tl iltgiallini.
shall knowingly influence improperly or attempt to influerce hn- 75. Diesignailon of official grait i itan '(ltiu.
properly any person licensed under this chapter in the rerform- 76, Couvillsory use of official ietaitlrd'; Cxettloi,4; ih-l('C'ctt atd
ance of his duties as sach licensee relating to any transiuction or grading after lillpment tipeal.
shipment in commerce, or (d) any person who shall foicibly as-- 77. Misrepresentation respictlni grai ; ie.fim iation by Seerl'iry of
inslpected grain; hearing :th idPulicaiton of |llluhtgs.
sault, resist, inpele, or interfere with or influence improperly
78. Al)peal to Secretary fromti official grail in I; mc for rivinilwt lon;
or attempt to influence Improperly any person employed under conch Lslstenesq of lindimgs on imlif pI.
this chapter litthe performance of his duties, shall, upn con-" 79. License to finspeet "nd grade; Stat' 1ii-iii,'.
viction thereof, b deened guilty of a misdemeanor and shall 80. Revocation iall muim ns oo o f leu
iinislwcor or(ldcprti nvit a u'cn t,
be fined not exceedlng $1,000, or hiprlsoncd not exceeding six 81. isqualflcatioll to actbyao1iicSltcloS.
82. lccord find reports
months, or both, in the discretion of the court. (Mar. 4, 1923 83. Qeeladuam l reports by Secretary.
c. 288, § 9, 42 Stat. 1519.) St. Adoption by S'ecretary of hitiriutn1rguiatios gt-,mrally.
61. General regulations, investigations, tests, etc., by Sec. 85. Violations g.iierally punishment.
offiial diltl',i Puiii ih'at.
retary.-For fie purposes of this chapter the Secretary of Agri. . 80. Interference with ex(ecution ofor chaPter.
87. EIfect of parlial invalhIlity
culture shall cause to be promulgated such regulations, may
cause such investigations, tests, demonstrations, and publica. Section 71. Short title of chapter.--This cluiiir shiall bi
tIons to be made, including the itnvestigation and determinatior jknown by the short title of the " Unliled 'ihtes Graii Stailards
of some practical method whereby repeated and unneccessar) I Act." (Aug. 11, 1916, c. 313, 5 1, 'U Stit. .12.)
§ 72 'T'ITLE 7.-AGRICULIRJi

72. Definitions; "person"; "interstate or foreign coin- grades fixed therefor In the official grain standards may, upon
nierce."-The word "person," wherever used it this chapter, compliance with the rules and regulations prescribed by the
shall be construed to Import the plural or singular, as the Secretary of Agricuituve, be shlI:ptd in titerstate or foieigi
case deninds, and shll include indfliiduals, assoclatl,ns, commerce without inspection front a place at which th,,re 1. ito
partnerhpq, and corporations; the words "in Interstate or inspector licensed under this chapter 1o L place at whhich there
foreign commerce," wherever used In this Ohapter, mean, " from is no sucli inspector, subject to the right (cf either party to the
any State, Territory, or District to or through any other State, transaction to refer any dispute as to the grade of thc grain
Territory, or District, or to or through any foreign country, to the Secretary of Agriculture, wio may determine the true
or within any Territory or District." (Aug. 11, 1916, c. 313, § 1, grade thereof. No person shall ili tiny certiticate or in ainy
31) Stat. .182 ) contract or agreenielt of sale or agreement to sell by grade,
73. Liability of principal for act of agent.-When construing either orm or writtel, involving, or in any lnvolce or hill of
and onforv.ng the provisions of this chapter, the act, omlssion, hiding or other shipping doiumcnt relating to, tlic shipment or
or taiure of any official, agent, or other person acting for or delivery for shipment, Ili interstate or foreign coninerce of
'inployed by any nssociation, partnership, or corporation any grain for which standards shall have been lixed and
within the scope of his cmploynent or office shall, in every established under this chapter, described, or lit any way refer
eaw.-, also be deemed the act, ouinslon, or fadure of sueh to, tiny of s'wich grain as being of any grade oilier ia a rit rade
assoeis tiot.n partnor,.il), or corporation as well as that of the fixed therefor In the ofliill grain standards of the United
person. (Aug. 11, 1916, c. 313, § 1, 39 Stat. 4S2 ) States. (Aug. 11, 1916, c. 313, § 4, 39 Stat. 483.)
74. Elstablishinc, t of grain standards by Secretary; promul- 77. Misrepiesentation respecting grade; reexamination by
gation.-The Secretary of Agriculture is hereby authorized to Secretary of inspected grain; hearing and publication of find-
Inve.stigate the handling, grading, and transportation of grain ings.-No person, except as perinitted lit section 76 of tiis clitp-
and to fix and estahlish standards of quality and condition ter, shall represent that any grain shipped or delivered for
for corn (mize), wheat, rye, oats, barley, flaxseed, and such shipment in inters-tate or foreign comnmerce is of it grade fixed
other grains as in his judgment tite usages of. the trade may in the oflicial graii standards other titan as shown by a cer-
warrant iid permit, and the Secretary of Agriculture shall tificate therefor issued in compliance with this chapter; and
have power to alter or modify such standards whenever the the Secretary of Agriculture is authorized to cause exaina-
nece~si eui of the trade may require. In promulgating the tions to be mitde of any grain for which stinudards shall have
standards, or any alteration or modification of such standards, been fixed and establlikhed under this chapter, and which has
the Secretary shall specify the date or dates when the same been certified to conform to any grade fixed therefor lin such
,,liat become effective, and shall give public notice, not less official grain standards, or which has been shipped or te-
than ninety days in advance of such (late or dates, by such livered for shipment in Interstate or foreign cotonlerce. When-
menuas as lie deems proper. (Aug. 11, 1916, c. 313, § 2, 39 Stat. ever, after opportunity for hearing is given to the owner or
482. shipper of the grain involved, and to the Inspector thereof if
75. Designation of official grain standards.-The standards the same has been Inspected, it is determitned by the Secretary
fixed and estadlished its authorized in the preceding section that any quantity of grain lts been incorrectly certified to
shall be known as the official grain standards of the United conform to a specified grade, or has been sold, offered for sale,
Siates. (Aug. 11, 1916, c. 313, § 3, 39 Stat. 483.) or consigned for stile under tny name, description, or designa-
76. Compulsory use of official standards; exceptions; in- tion which is false or misleading, lit! iny publish his findiigs,
spection and grading after shipment; appeal.-Whenever (Aug. 11, 1916, c. 313, § 5, 310 1tat. 483,)
standards shall have been fixed anti established under this 78. Appeal to Secretary from official grading; fees for rein-
charter for any grain no person thereafter shall ship or deliver spection; conclusiveness of findings on appeal,-Whenever
for shilpnment In interstate or foreign commerce any such grain standards .-hall have been lixed and established under this
which is sold, offered for sale, or consigned for sale by grade chapter for tiny grain and any quantity of such grain sold,
unlegs the grain shall have been Inspected and graded by an offered for sale, or consigned for sale, or which has been
inLipector licensed under this chapter and the grade by which It shipped, or delivered for shipment in Interstate or foreign coin-
Is sohl, offered for sale, or consigned for sale be one of the mnerce shall have been inspected and a dispute arises as 1o
grades fixed therefor in the oflichil grain standards of tie whether the gra.le as determined by such inspection of any
United States: Providcd, That any person may sell, offer for such grain In fact eonforis to the standard of the specithtd
sale. or consign for sale, slilp or deliver for shipment in inter- grade, any interested party may, either with or without rein-
state or foreign commerce any such grain by sample or by type, spection, appeal the question to the Secretary of Agriheulture,
or inler any nmne, description, or designation which Is not und the Secretary of Agriculture is authorized to cause sulh
false or nileading, and which name, description, or designa- investigation to be made and such tests to lie apltlied ts lie
tion does not include in whole or in part tile terms of any offil- may deem necessary and to determine the true grade: Pro-
cil grain standard of tie United States: Provided further, vidcd, That any appeal from such inspection and grading to
That any such grain sold, offered for sale, or consigned for the Secretary of Agriculture shall be taken before the grain
sale by griole may be sipped or delivered for shipment in leaves the place where the inspection appealed from was made
Interstate or foreign commerce without inspection at point and before tite identity of the grain has been lost, under such
of slilliment by an Inspector licensed under this chapter, to rules and regulations as the Secretary of Agriculture stltall
or through any place at which an Inspector licensed prescribe. Whenever an appeal shall be taken or it dispute
under this chapter is located, subject to be inspected by a referred to the Secretary of Agriculture under this chapter, he
lie',nsed inspector at the place to which shipped or at sonic shall Charge and assess, atnd cause to be collected, a reasonable
convenient point through which shipped for Inspection, which fee, in amount to be fixed by him, which fee, Ili case of ait
iliitection shall be under such rules and regulations as the appeal, shall be refunded if the appeal is sustained. All such
Secretary of Agriculture shall prescribe, and subject further to fees, not so refunded, shall be deposited and covered into the
lio right of appeal from such inspection, as provided in see- Treasury as miscellaneous receipts. The findings of the Secre-
tion 78 of this chapter: And provided further, That any such tary of Agriculture as to grade, signed by Iiti or by such
grain sold, offered for sttle, or consigned for sale by any of the officer or officers, agent or agents, of tile Department of Agri-
 TITLB 7.--IGRrU7LT URN
culture as lie may designate, made after the parties In interest
have had opportunity to be heard, shall be accepted in the
courts of the United States as prina facie evidence of the
true grade of the grain determined by him at the time and
place specified in the findings. (Aug. 11, 1916, c. 313, § 0, 39
Stat. 484.)
79. License to inspect and grade; State inspeteors.-The
Secretary of Agriculture may issue a license to any person,
upon presentation to him of satisfactory evidence that such
person is comijietent, to inspect and grade grain and to certifi-
cate the grade thereof for shipment or delivery for shipment
in interstate or foreign commerce, uler this chapter and the
rules and regulations prescribed theremider. No person au-
thorized or employed by any State, county, city, town, board
of trade, chamber of commerce, corporation, society, partner-
ship, or association to inspect or grade grain shall certify, or
otherwise state or indicate in writing, that tiny grain for ship-
ment or delivery for shipment In interstate or foreign com-
merce, which ls been inspected or graded by him, or by any
person ecting under his authority, is of one of the grades of
the official grain standards of the United States, unless he holds
an unsuspended and unrevoked license issued by the Secretary
of Agriculture: Provided, That in any State which has, or
which may hereafter have a State grain inspection department
established by the laws of such State, the Secretary of Agricul-
ture shall issue licenses to the persons duly authorized and
employed to inspect and grade grain under the laws of such
State. (Aug. 11, 1916, c. 313, § 7, 39 Stat. 484.)
80. Revocation and suspension of license.-The Secretary of
Agriculture nmy suspend or revoke any license issued by him
under this chapter whenever, after opportunity for hearing has
been given to the licensee, the Secretary blall deternilne that
such licensee is incompetent or has knowingly or carelessly
graded grain improperly or by any other standard than is
authorized under this chapter, or has issued any false certifi-
cate of grade, or has accepted any money or other considerii-
tion, directly or Indirectly, for any neglect or improper per-
formiance of duty, or has violated any provision of this rhapter
or of tie rules and regulations made thereunder. Pending in-
vestigation the Secretary of Agriculture, whenever he deems
necessary, may suspend a license temporarily without hearing.
(Aug. 11, 1916, c. 313, § 7, 30 Stat. 484.)
81. Disqualification to act as inspector or departmental
agent.-No person licensed by th.Secretary of Agriculture to
inspect or grade grain or employed by him in carrying out any
of the provisions of this chapter bhall, during the term of such
license or employment, be interested, flnancltly or otherwise,
directly or indirectly, in any grain elevator or warehouse, or in
the merchandising of grain, nor shall lie be in the employment
of any person or corporation owning or operating any grain
elevator or warehouse. (Aug. 11, 1916, k. 313, 4 7, 39 Stat.
484.)
82. Records and reports by inspectors.--The Secretary of
Agriculture shall require every inspector licensed under this
chapter to keep complete and correct records of all grain
graded and inspected by him and to make reports to the Secre-
tary of Agriculture, in such forms and at such times as lie may
require, showing the place of inspectlon, the date of inspection,
the name of the elevator or warehouse, if aiiy, to which the
grain was delivered or from which It was shipped, the kind of
grain, the quantity of each kind, the grade thereof, and such
other information as tile Secretary of Agriculture nmay deem
necessary. (Aug. 11, 1910, c. 813, § 7, 89 Stat. 484.)
83. Semiannual reports by Secretary.-The Secretary of
Agriculture, on each first Tuesday in January and each first
Tuesday in July of each year shall make publication of a suin-
mary of such facts as are ascertained, ihoiwing In as great
§ 92
detail as posaible all the facts, Including a summary as to tl!
amount and grade of grain delivered to any elevator or ware.
louse and the amount and gralde of grain delivered from such
elevator or warehouse, and the estimated amount received on
sample or type by such elevator or warehouse, and the esti-
mated amoumnt delivered therefrom on sample or type. (Aug.
11, 1916, c. 313, § 7, 3b Stat. 484.)
84. Adoption by Secretary of rules and regulations gener-
ally.-The Secretary of Agriculture shall, front tume to time,
make such rules and regulations as lie may deem necessary for
the efficient execution of the provisions of this chapter. (Aug.
11, 1916, c. 313, § 8, 39 Stat. 485.)
85. Violations generally; punishment.-Any person who Elall
knowingly violate aw3 of the provisions of sections 76 or 79 to
83, inclusive, of this chapter, or any inspeptor licensed under
this chapter who shall knowingly inspect or grade improperly
any grain which has been shipped or delivered for shipment
lit interstate or foreign commerce, or shall knowingly give aliy
false certificate of grade, or shall accept money or other coln-
sideratlon, directly or indirectly, for miny neglect or improper
performance of duty, and any person who shall Improperly
Influence or attempt to Improperly influence ainy such Inspector
ii the performance of hIs duty, shall be guilty of a miisde-
meanor, and upon conviction thlereof shall be fined not more
than $1,000, or be imprisoned not more than one year, or both.
(Aug. 11, 1916, c. 313, § 9, 39 Stat. 485.)
86. Interference with execution of official duties; punish-
ment.-E'ery pirson who forcibly assaults, resists, impedes, or
interferes with any ofilcer or employee of the United States Do-
partment of Agriculture in the execution of ainy duties author-
ized to be performed by this chapter or the rules and regula-
tions made thereunder shall, upon conviction thereof, be fined
not more than $1,000, or be inprisoned not inore than one year,
or both. (Aug. 11, 1916, c. 313, § 10, 39 Stat. 485.)
87. Effect of partial invalidity of chapter.-If any clause,
sentence, paragraph, or part of thlii clmpter shall, for any rea-
son, be adjudged by any court of competent jurisdictlon to be
invalid, such Judgment shall not street, impair, or invalidato
the remainder thereof, but shall be contined in its operation to
tIle clause, sentence, paragraph, or part thereof directly in-
volvel in the controversy in which such judgiient shall have
-been rendered. (Aug. 11, 1910, c. 313, § 11, 39 Stat. 485.)
Chapter 4.-NAVAL STORES ACT.
Sec.
91. Short title of chapter.
02. Definitions.
9.3. l,,stablshnmient of " official naval stores standards."
04. Supplying duplicates of standards; examination, etc., of naval
stores and certification thereof.
05. Prohibition of acts deemed Injurious to commrerce in naval stores.
00. Punishment for violation of prohibition.
07. Purchase and analysis by 6ecretary of samples of spirits of tur-
pentine to detect violations; reports to AIb)artmnint of Justice;
publication of results of nanlysis, etc.
08. Appropriation for and expenses in enforcement of cluptPr.
09. Effect of partial invalidity of chapter.
Section 91. Short title of chapter.-For convenience of refer-
ence, this cllter may be designated and ilted us "The Naval
Stores Act." (Mar. 3, 1923, c. 2t7, § 1, -12 Stit. 1435.)
92. Definitions.-When used in this clapter--
(a) Naval stores " meanus spirits of turpentine and rosin.
(b) " Spirits of turpentimn " includes gunm pirits of turpen-
tine and wood turpentine.
(c) "Guin splilts of turpeitine" means spirits of turpeitiie
made from gum (oleoresln) from a living tree.
(d) "Wood turlcntine" includes sieamii distilled wood tur-
pentine and destructively distilled wood turpentine.