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561-1. Jurisdiction of Arlington Farm transferred to War Department.That the control and jurisdiction of the lands, buildings, and improvements constituting the Arlington Farm, as created by the Act of Congress, approved April 18, 1900 (31 Stat. 135), are hereby transferred from the Secretary of Agriculture to the Secretary of War, to take effect progressively as each area of said farm is turned over by the Secretary of Agriculture to the Secretary of War: Provided, That the authority to remove such buildings, improvements, trees, and plants as shall be deemed necessary in order to promote the work of the Department of Agriculture shall remain in the Secretary of Agriculture until the transfer of the area involved is effected. (Nov. 29, 1940, sec. 1, 54 Stat. 1219.)
561-2. Same; Secretary of Agriculture authorized to secure new land and equipment. There is hereby authorized to be appropriated a sum not to exceed $3,200,000 to be expended by the Secretary of Agriculture for the acquisition by purchase, condemnation, or donation, of lands to provide a suitable site for the development and reestablishment thereon of the functions and activities of the Arlington Farm, and the construction and installation of such buildings, equipment, and utilities and appurtenances thereto, including the employment of persons and means in the city of Washington and elsewhere, as in the judgment of the Secretary of Agriculture may be necessary. (Nov. 29, 1940; sec. 2, 54 Stat. 1219.)
COOPERATIVE MARKETING ACT
561-3. Division of cooperative marketing; definitions.—That when used in this Act the term "agricultural products” means agricultural, horticultural, viticultural, and dairy products, livestock and the products thereof, the products of poultry and bee raising, the edible products of forestry, and any and all products raised or produced on farms and processed or manufactured products thereof, transported or intended to be transported in interstate and/or foreign commerce. (July 2, 1926, sec. 1, 44 Stat. 802; 7 U.S.C., sec. 451.)
561-4. Establishment of division.—The Secretary of Agriculture (Governor of the Farm Credit Administration]* is hereby authorized and directed to establish a division of cooperative marketing with suitable personnel in the Bureau of Agricultural Economics of the Department of Agriculture or in such bureau in the Department of Agriculture as may hereafter be concerned with the marketing and distribution of farm products (now in the Farm Credit Administration]*. Such division shall be under the direction and supervision of the Secretary of Agriculture [Governor of the Farm Credit Administration]*. (July 2, 1926, sec. 2, 44 Stat. 802; 7 U. S. C., sec. 452.)
561-5. Authority and duties of division.-(a) The division shall render service to associations of producers of agricultural products, and federations and subsidiaries thereof, engaged in the cooperative marketing of agricultural products, including processing, warehousing, manufacturing, storage, the cooperative purchasing of farm supplies, credit, financing, insurance, and other cooperative activities.
*See Ex. Or. 5200, p. 254, and Ex. Or. 6084, p. 254, this volume.
(b) The division is authorized
(1) To acquire, analyze, and disseminate economic, statistical, and historical information regarding the progress, organization, and business methods of cooperative associations in the United States and foreign countries.
(2) To conduct studies of the economic, legal, financial, social, and other phases of cooperation, and publish the results thereof. Such studies shall include the analyses of the organization, operation, financial, and merchandising problems of cooperative associations.
(3) To make surveys and analyses if deemed advisable of the accounts and business practices of representative cooperative associations upon their request; to report to the association so surveyed the results thereof; and with the consent of the association so surveyed to publish summaries of the results of such surveys, together with similar facts, for the guidance of cooperative associations and for the purpose of assisting cooperative associations in developing methods of business and market analysis.
(4) To confer and advise with committees or groups of producers, if deemed advisable, that may be desirous of forming a cooperative association and to make an economic survey and analysis of the facts surrounding the production and marketing of the agricultural product or products which the association, if formed, would handle or market.
(5) To acquire from all available sources information concerning crop prospects, supply, demand, current receipts, exports, im. ports, and prices of the agricultural products handled or marketed by cooperative associations, and to employ qualified commodity mar, keting specialists to summarize and analyze this information and disseminate the same among cooperative associations and others. (6) To promote the knowledge of cooperative principles and prac
. tices and to cooperate, in promoting such knowledge, with educational and marketing agencies, cooperative associations, and others.
(7) To make such special studies, in the United States and foreign countries, and to acquire and disseminate such information and findings as may be useful in the development and practice of cooperation. (July 2, 1926, sec. 3, 44 Stat. 802; 7 U. S. C., sec. 453.)
561–6. Advisers to counsel with Governor of the Farm Credit Administration; expenses and subsistence.-The Secretary of Agriculture [Governor of the Farm Credit Administration]* is authorized, in his discretion, to call advisers to counsel with him and/or his representatives relative to specific problems of cooperative marketing of farm products or any other cooperative activity. Any person, other than an officer, agent, or employee of the United States, called into conference, as provided for in this section, may be paid actual transportation expenses and not to exceed $10 per diem to cover subsistence and other expenses while in conference and en route from and to his home. (July 2, 1926, sec. 4, 44 Stat. 803; 7 U. S. C., sec. 454.)
561-7. Dissemination of crop, market, etc., information by cooperative marketing associations.—Persons engaged, as original producers of agricultural products, such as farmers, planters, ranchmen, dairymen, nut or fruit growers, acting together in associations, corporate or otherwise, in collectively processing, preparing for market, handling, and marketing in interstate and/or foreign commerce such
*See Ex, Or. 5200, p. 254, and Ex. Or. 6084, p. 254, this volume.
products of persons so engaged, may acquire, exchange, interpret, and disseminate past, present, and prospective crop, market, statistical, economic, and other similar information by direct exchange between such persons, and/or such associations or federations thereof, and/or by and through a common agent created or selected by them. (July 2, 1926, sec. 5, 44 Stat. 803; 7 U. S. C., sec. 455.)
561–8. Rules and regulations; appointment, removal, and compensation of employees; expenditures; appropriations.— The Secretary of Agriculture (Governor of the Farm Credit Administration]* may make such rules and regulations as may be deemed advisable to carry out the provisions of this Act 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; and may call upon any other Federal department, board, or commission for assistance in carrying out the purposes of this Act; and shall have the power to appoint, remove, and fix the compensation of such officers and employees not in conflict with existing law and make such expenditure for rent, outside the District of Columbia, printing, telegrams, telephones, books of reference, books of law, periodicals, newspapers, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and there is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $225,000 to be available for expenditure during the fiscal years 1926 and 1927, and the appropriation of such additional sums as may be necessary thereafter for carrying out the purposes of this Act is hereby authorized. (July 2, 1926, sec. 6, 44 Stat. 803; 7 U. S. C., sec. 456.)
561-9. Partial invalidity of Act.—That if any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons and circumstances shall not be affected thereby, and nothing tained in this Act is intended, nor shall be construed, to modify or repeal any of the provisions of the Act of February 18, 1922 (chapter 57, Forty-second Statutes at Large, page 388). (July 2, 1926, sec. 7, 44 Stat. 803; 7 U. S. C., sec. 457.)
COTTON STATISTICS AND ESTIMATES 564a. Secretary of Agriculture authorized to make available to producers classification of cotton produced by them.—The Secretary of Agriculture, upon request in writing from any group of producers organized to promote the improvement of cotton who comply with such regulations as he may prescribe, is authorized and directed to determine and to make promptly available to such producers, the classification, in accordance with the official cotton standards of the United States, of any cotton produced by them. The Secretary of Agriculture is further authorized to pay the transportation charges and to furnish tags and containers for the samples of cotton submitted for classification under this section, and all samples of cotton so classified shall
*See Ex. Or. 5200, p. 254, and Ex. Or, 6084, p. 254, this volume.
become the property of the Government, and the proceeds of any sales thereof after classification shall be covered into the Treasury of the United States as miscellaneous receipts. (Sec. 3a, as added Apr. 13, 1937, 50 Stat. 62; 7 U.S.C., sec. 473a.)
564b. Secretary of Agriculture authorized to furnish information on market supply, etc., of cotton.— The Secretary of Agriculture is also authorized and directed to collect, authenticate, publish, and distribute, by telegraph radio, mail, or otherwise, timely information on the market supply, demand, location, condition, and market prices for cotton, and to cause to be prepared regularly and distributed for posting at gins, in post offices, or in other public or conspicuous places in cotton-growing communities, information on prices for the various grades and staple lengths of cotton. (Sec. 3b, as added Apr. 13, 1937, 50 Stat. 62; 7 U. S. C., sec. 473b.)
564c. Rules and regulations.- The Secretary of Agriculture is further authorized to make such rules and regulations as he may deem necessary to effectuate the purposes of this Act. (Sec. 3c, as added Apr. 13, 1937, 50 Sept. 62; 7 U.S.C., sec. 473c.)
PERISHABLE AGRICULTURAL COMMODITIES ACT 573. Definitions. That when used in this Act
(1) The term “person" includes individuals, partnerships, corporations, and associations;
(2) The term "Secretary" means the Secretary of Agriculture;
(3) The term "interstate or foreign commerce" means commerce between any State or Territory, or the District of Columbia and any place outside thereof; or between points within the same State or Territory, or the District of Columbia but through any place outside thereof; or within the District of Columbia;
(4) The term “perishable agricultural commodity"
(A) Means any of the following, whether or not frozen or packed in ice: Fresh fruits and fresh vegetables of every kind and character; and
(B) Includes cherries in brine as defined by the Secretary in accordance with trade usages;
(5) The term "commission merchant” means any person engaged in the business of receiving in interstate or foreign commerce any perishable agricultural commodity for sale, on commission, or for or on behalf of another;
(6) The term "dealer" means any person engaged in the business of buying or selling in carloads any perishable agricultural commodity in interstate or foreign commerce, except that (A) no producer shall be considered as a "dealer" in respect of sales of any such commodity of his own raising; (B) no person buying any such commodity solely for sale at retail shall be considered as a “dealer” in respect of any such commodity in any calendar year until his purchases of such commodity in carloads in such year are in excess of twenty; and (C) no person buying any such commodity for canning and/or processing within the State where grown shall be considered a "dealer” whether or not the canned or processed product is to be shipped in interstate or foreign commerce, unless such product is frozen or packed in ice, or consists of cherries in brine, within the meaning of paragraph 4 of this section. Any person not considered as a "dealer" under clauses (A), (B), and (C) may elect to secure a license under the provisions of section 3, and in such case and while the license is in effect such person shall be considered as a “dealer.” As used in this paragraph, the term "in carloads” includes wholesale or jobbing quantities as defined for any such commodity by the Secretary;
(7) The term “broker” means any person engaged in the business of negotiating sales and purchases of any perishable agricultural commodity in interstate or foreign commerce for or on behalf of the vendor or the purchaser, respectively;
(8) A transaction in respect of any perishable agricultural commodity shall be considered in interstate or foreign commerce if such commodity is part of that current of commerce usual in the trade in that commodity whereby such commodity and/or the products of such commodity 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 description, all cases where sale is either for shipment to another State, or for processing within the State and the shipment outside the State of the products resulting from such processing. Commodities normally in such current of commerce shall not be considered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this Act. (June 10, 1930, sec. 1, 46 Stat. 531; April 13, 1934, sec. 1, 48 Stat. 584; Aug. 20, 1937, sec. 1, 50 Stat. 725; June 29, 1940, secs. 1, 2, 54 Stat 696; 7 U.S.C., sec. 499a.)
574. Unfair Conduct; what constitutes.-It shall be unlawful in or in connection with any transaction in interstate or foreign commerce
(1) For any commission merchant, dealer, or broker to engage in or use any unfair, unreasonable, discriminatory, or deceptive practice in connection with the weighing, counting, or in any way determining the quantity of any perishable agricultural commodity received, bought, sold, shipped, or handled in interstate or foreign commerce;
(2) For any dealer to reject or fail to deliver in accordance with the terms of the contract without reasonable cause any perishable agricultural commodity bought or sold or contracted to be bought, sold, or consigned in interstate or foreign commerce by such dealer;
(3) For any commission merchant to discard, dump, or destroy without reasonable cause any perishable agricultural commodity received by such commission merchant in interstate or foreign commerce;
(4) For any commission merchant, dealer, or broker to make, for a fraudulent purpose, any false or misleading statement in connection with any transaction involving any perishable agricultural commodity which is received in interstate or foreign commerce by such commission merchant, or bought or sold, or contracted to be bought, sold, or consigned, 'in such commerce by such dealer, or the purchase or sale of which in such commerce is negotiated by such broker; or to fail or refuse truly and correctly to account promptly in respect of any transaction in any such commodity to the person with whom such transaction is had;
(5) For any commission merchant, dealer, or broker, for a fraudulent purpose, to misrepresent by word, act, mark, stencil, label, state