Appointment of officers and employees; impounding appropriations
Providedprovided furtherThe Secretary of Agriculture may appoint such officers and employees, subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, and such experts, as are necessary to execute the functions vested in him by this chapter: , That the Secretary shall establish the Agricultural Adjustment Administration in the Department of Agriculture for the administration of the functions vested in him by this chapter: And , That the State Administrator appointed to administer this chapter in each State shall be appointed by the President, by and with the advice and consent of the Senate. Section 8 of Title II of the Act entitled “An Act to maintain the credit of the United States Government,” approved , to the extent that it provides for the impoundment of appropriations on account of reductions in compensation, shall not operate to require such impoundment under appropriations contained in this chapter.
State and local committees or associations of producers; handlers’ share of expenses of authority or agency
Regulations; penalty for violation
The Secretary of Agriculture is authorized, with the approval of the President, to make such regulations with the force and effect of law as may be necessary to carry out the powers vested in him by this chapter. Any violation of any regulation shall be subject to such penalty, not in excess of $100, as may be provided therein.
Regulations of Secretary of the Treasury
The Secretary of the Treasury is authorized to make such regulations as may be necessary to carry out the powers vested in him by this chapter.
Review of official acts
section 608 of this titleThe action of any officer, employee, or agent in determining the amount of and in making any payment authorized to be made under shall not be subject to review by any officer of the Government other than the Secretary of Agriculture or Secretary of the Treasury.
Geographical application
The provisions of this chapter shall be applicable to the United States and its possessions, except the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam; except that, in the case of sugar beets and sugarcane, the President, if he finds it necessary in order to effectuate the declared policy of this chapter, is authorized by proclamation to make the provisions of this chapter applicable to the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam.
Officers; dealing or speculating in agricultural products; penalties
No person shall, while acting in any official capacity in the administration of this chapter, speculate, directly or indirectly, in any agricultural commodity or product thereof to which this chapter applies, or in contracts relating thereto, or in the stock or membership interest of any association or corporation engaged in handling, processing, or disposing of any such commodity or product. Any person violating this subsection shall upon conviction thereof be fined not more than $10,000 or imprisoned not more than two years, or both.
Adoption of Federal Trade Commission Act; hearings; report of violations to Attorney General
For the efficient administration of the provisions of this chapter, the provisions, including penalties, of sections 48, 49, and 50 of title 15, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering the provisions of this chapter, and to any person subject to the provisions of this chapter, whether or not a corporation. Hearings authorized or required under this chapter shall be conducted by the Secretary of Agriculture or such officer or employee of the Department as he may designate for the purpose. The Secretary may report any violation of any agreement entered into under this chapter, to the Attorney General of the United States, who shall cause appropriate proceedings to enforce such agreement to be commenced and prosecuted in the proper courts of the United States without delay.
Cooperation with State authorities; imparting information
section 608c of this titleProvidedsection 608d(1) of this titlesection 608d(2) of this titleThe Secretary of Agriculture upon the request of the duly constituted authorities of any State is directed, in order to effectuate the declared policy of this chapter and in order to obtain uniformity in the formulation, administration, and enforcement of Federal and State programs relating to the regulation of the handling of agricultural commodities or products thereof, to confer with and hold joint hearings with the duly constituted authorities of any State, and is authorized to cooperate with such authorities; to accept and utilize, with the consent of the State, such State and local officers and employees as may be necessary; to avail himself of the records and facilities of such authorities; to issue orders (subject to the provisions of ) complementary to orders or other regulations issued by such authorities; and to make available to such State authorities the records and facilities of the Department of Agriculture: , That information furnished to the Secretary of Agriculture pursuant to shall be made available only to the extent that such information is relevant to transactions within the regulatory jurisdiction of such authorities, and then only upon a written agreement by such authorities that the information so furnished shall be kept confidential by them in a manner similar to that required of Federal officers and employees under the provisions of .
Definitions
The term “interstate or foreign 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 purpose of this chapter (but in nowise limiting the foregoing definition) a marketing transaction in respect to an agricultural commodity or the product thereof shall be considered in interstate or foreign commerce if such commodity or product is part of that current of interstate or foreign commerce usual in the handling of the commodity or product whereby they, or either of them, are sent from one State to end their transit, after purchase, in another, including all cases where purchase or sale is either for shipment to another State or for the processing within the State and the shipment outside the State of the products so processed. Agricultural commodities or products thereof normally in such current of interstate or foreign commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of said sections. As used herein, the word “State” includes Territory, the District of Columbia, possession of the United States, and foreign nations.
May 12, 1933, ch. 2548 Stat. 37June 16, 1933, ch. 9848 Stat. 273May 9, 1934, ch. 263, § 748 Stat. 675Aug. 24, 1935, ch. 64149 Stat. 767Aug. 26, 1935, ch. 68549 Stat. 801June 22, 1936, ch. 690, § 601(a)49 Stat. 1739June 3, 1937, ch. 29650 Stat. 24660 Stat. 1352Aug. 1, 1947, ch. 425, § 361 Stat. 709Oct. 28, 1949, ch. 78263 Stat. 972(, title I, § 10, ; , title VIII, § 86, ; , ; , §§ 16–18, ; , ; , ; , §§ 1, 2(g)–(i), , 248; Proc. No. 2695, eff. , 11 F.R. 7817, ; , ; , title XI, § 1106(a), .)
Editorial Notes
References in Text
act Mar. 20, 1933, ch. 3, title II, § 848 Stat. 15Section 8 of title II of the Act entitled “An Act to maintain the credit of the United States Government,”, referred to in subsec. (a), means , , which is not classified to the Code.
section 3602(b) of Title 22For definition of Canal Zone, referred to in subsec. (f), see , Foreign Relations and Intercourse.
Codification
Pub. L. 89–554, § 7(b)80 Stat. 631In subsec. (a), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949” on authority of , , , the first section of which enacted Title 5, Government Organization and Employees.
act Nov. 26, 1940, ch. 919, title I, § 154 Stat. 1211section 3301 of Title 5Provisions of subsec. (a), which authorized appointment of officers and employees without regard to the civil-service laws and regulations and which limited the maximum salary payable to any officer or employee to not more than $10,000 per annum, were omitted from the Code as obsolete and superseded. Such appointments are now subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, , issued by the President pursuant to , , which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under .
The salary limitation was superseded by the Classification Act of 1949.
section 1394 of Title 22References to the Philippine Islands in subsec. (f) of this section were omitted from the Code as obsolete in view of the independence of the Philippine Islands, proclaimed by the President of the United States in Proc. No. 2695, which is set out as a note under , Foreign Relations and Intercourse.
Amendments
1949—Subsec. (a). Act , substituted “Classification Act of 1949” for “Classification Act of 1923”.
1947—Subsec. (b)(2). Act , among other changes inserted subpar. (i), designated former first and second sentences of subsection as subpar. (ii) and inserted last sentence relating to the payment of assessments for the maintenance and functioning of such authority thereto, and designated former third and fourth sentences of subsection as subpar. (iii).
1937—Subsec. (c). Act , § 2(g), struck out last clause of first sentence which related to regulations establishing conversion factors for any commodity and article processed therefrom to determine the amount of tax imposed or refunds to be made with respect thereto.
Subsec. (f). Act , § 2(b), struck out sentence which authorized the President to attach by executive order any or all possessions to any internal-revenue district for the purpose of carrying out provisions with respect to the collection of taxes.
Subsec. (j). Act , § 2(i), added subsec. (j).
1936—Subsec. (d). Act , reenacted subsec. (d) for refund purposes.
1935—Subsec. (b). Act , § 16, among other changes inserted “The Secretary, in the administration of this chapter, shall accord such recognition and encouragement to producer-owned and producer-controlled cooperative associations as will be in harmony with the policy toward cooperative associations set forth in existing Acts of Congress, and as will tend to promote efficient methods of marketing and distribution.
“(2) Each order issued by the Secretary under this chapter shall provide that each handler subject thereto shall pay to any authority or agency established under such order such handler’s pro rata share (as approved by the Secretary) of such expenses as the Secretary may find will necessarily be incurred by such authority or agency, during any period specified by him, for the maintenance and functioning of such authority or agency, other than expenses incurred in receiving, handling, holding, or disposing of any quantity of a commodity received, handled, held, or disposed of by such authority or agency for the benefit or account of persons other than handlers subject to such order. The pro rata share of the expenses payable by a cooperative association of producers shall be computed on the basis of the quantity of the agricultural commodity or product thereof covered by such order which is distributed, processed, or shipped by such cooperative association of producers. Any such authority or agency may maintain in its own name, or in the names of its members, a suit against any handler subject to an order for the collection of such handler’s pro rata share of expenses. The several District Courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy.”
Subsec. (e). Act , § 17, struck out “rental or benefit payment” and inserted in lieu thereof “payment authorized to be made under section 8”.
Subsec. (f). Act , inserted sentence authorizing the President to attach by executive order any or all possessions to any internal-revenue district for the purpose of carrying out provisions with respect to the collection of taxes.
Subsec. (i). Act , § 18, added subsec. (i).
1934—Subsec. (f). Act , inserted exception provision.
And provided further1933—Subsec. (a). Act , inserted “, That the State Administrator appointed to administer this chapter in each State shall be appointed by the President, by and with the advice and consent of the Senate” at end of first sentence.
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782Pub. L. 89–55480 Stat. 632, cited as a credit to this section, was repealed (subject to a savings clause) by , , § 8, , 655.
Validity of Section Affirmed
section 601 of this titleAct , § 1, affirmed, validated, and reenacted without change the provisions of subsecs. (a), (b) (2), (c), and (f) to (i) of this section, except for the amendments to subsecs. (c) and (f) by section 2 of the act. See note set out under .
Appropriations for Refunds and Payments of Processing and Related Taxes and Limitations Thereon
June 25, 1938, ch. 68152 Stat. 1150May 6, 1939, ch. 115, § 153 Stat. 661Feb. 12, 1940, ch. 28, § 154 Stat. 36Mar. 25, 1940, ch. 7154 Stat. 61May 31, 1941, ch. 15655 Stat. 218Mar. 10, 1942, ch. 17856 Stat. 156June 30, 1943, ch. 17957 Stat. 257Apr. 22, 1944, ch. 17558 Stat. 201Apr. 24, 1945, ch. 9259 Stat. 62July 20, 1946, ch. 58860 Stat. 574Acts , ; , , 662; , ; , title I, ; , title I, § 1, ; , title I, § 1, ; , title I, ; , title I, § 1, ; , title I, ; , title I, .
Executive Documents
Transfer of Functions
67 Stat. 633section 2201 of this titleFunctions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. , 18 F.R. 3219, , set out as a note under .
64 Stat. 1264Executive and administrative functions of Federal Trade Commission, with certain reservations, transferred to Chairman of Commission by 1950 Reorg. Plan No. 8, § 1, eff. , 15 F.R. 3175, , set out in the Appendix to Title 5, Government Organization and Employees.
60 Stat. 11001946 Reorg. Plan No. 3, § 501, eff. , 11 F.R. 7877, , set out in the Appendix to Title 5, transferred functions of Agricultural Adjustment Administration to Secretary of Agriculture. In his letter to Congress, the President stated that purpose of this transfer was to permit Secretary of Agriculture to continue consolidation already effected in Production and Marketing Administration. By temporary Executive Orders 9069 and 9577, and Ex. Ord. No. 9280, , 7 F.R. 10, 179, and Ex. Ord. No. 9322, , 8 F.R. 3807, as amended by Ex. Ord. No. 9334, , 8 F.R. 5423, the Agricultural Adjustment Administration had been successively consolidated into Agricultural Conservation and Adjustment Administration, Food Production Administration, and War Food Administration, which was terminated and its functions transferred to Secretary of Agriculture by said Ex. Ord. 9577. Secretary of Agriculture consolidated functions of Agricultural Adjustment Administration into Production and Marketing Administration by Memorandum 1118, .
Ex. Ord. No. 10199. Regulations Without Approval of President
Ex. Ord. No. 10199, , 15 F.R. 9217, provided:
By virtue of the authority vested in me by the act of , Public Law 673, 81st Congress [sections 301 to 303 of Title 3] I hereby authorize the Secretary of Agriculture to make without the approval of the President such regulations with the force and effect of law as may be necessary to carry out the powers vested in him by the Agricultural Marketing Agreement Act of 1937, as amended [this chapter].