Tobacco Statistics Act of 1929

Page 339

TITLE 7—AGRICULTURE

21, 1995, 109 Stat. 710, provided that: ‘‘The Secretary of
Agriculture shall perform random spot checks of potatoes entering through ports of entry in the northeastern United States.’’

§ 499o. Rules, regulations, and orders; appointment, removal, and compensation of officers
and employees; expenditures; authorization
of appropriations; abrogation of inconsistent
statutes
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; 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 expenditures for rent outside the District of Columbia, printing, binding, telegrams, telephones, lawbooks, 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, from the Perishable Agricultural Commodities Act fund provided for by section 499c(b) of this title and any
supplements to such fund, and as may be appropriated for by Congress; and there is authorized
to be appropriated, out of any money in the
Treasury not otherwise appropriated, such sums
as may be necessary for such purposes. This
chapter shall not abrogate nor nullify any other
statute, whether State or Federal, dealing with
the same subjects of this chapter; but it is intended that all such statutes shall remain in full
force and effect except insofar only as they are
inconsistent herewith or repugnant hereto.

§ 501

§ 499q. Separability
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, 1930, ch. 436, § 17, 46 Stat. 538.)
CODIFICATION
Section was formerly classified to section 567 of this
title.

§ 499r. Repealed. Pub. L. 102–237, title
§ 1011(8), Dec. 13, 1991, 105 Stat. 1898

X,

Section, act June 10, 1930, ch. 436, § 18, 46 Stat. 538,
provided for short title of chapter. See section 499a(a)
of this title.

§ 499s. Depositing appropriations in fund
Any unexpended balances of appropriations for
the current fiscal year, and any subsequent appropriations, made to carry out the Acts referred to in section 499c(b) of this title, may be
deposited in the Perishable Agricultural Commodities Act fund.
(June 10, 1930, ch. 436, § 19, as added June 15, 1950,
ch. 254, § 4, 64 Stat. 218.)
REFERENCES IN TEXT
The Acts referred to in section 499c(b) of this title, referred to in text, mean the Perishable Agricultural
Commodities Act, 1930, which was translated to read
‘‘this chapter’’ and the Act to prevent the destruction
or dumping of farm produce, act Mar. 3, 1927, ch. 309, 44
Stat. 1355, which is classified to chapter 20 (§ 491 et seq.)
of this title.

§ 499t. Omitted
CODIFICATION

1950—Act June 15, 1950, provided for payment of administrative costs out of fund and any supplements
thereto as well as by Congressional appropriations.

Section, act June 10, 1930, ch. 436, § 20, as added Aug.
22, 1988, Pub. L. 100–414, § 2, 102 Stat. 1102, established
Perishable Agricultural Commodities Act Industry Advisory Committee, provided for its membership, compensation, etc., directed advisory committee to review
Perishable Agricultural Commodities Act program and
to make findings and recommendations to Congress and
Secretary of Agriculture with respect to future operations of program, with an interim report not later
than Sept. 30, 1989, and a final report not later than
May 1, 1990, containing results of its review and recommendations, and provided that advisory committee
cease to exist on date of its final report.

§ 499p. Liability of licensees for acts and omissions of agents

Sec.

(June 10, 1930, ch. 436, § 15, 46 Stat. 537; June 15,
1950, ch. 254, § 3, 64 Stat. 218.)
CODIFICATION
Section was formerly classified to section 565 of this
title.
AMENDMENTS

In construing and enforcing the provisions of
this chapter, the act, omission, or failure of any
agent, officer, or other person acting for or employed by any commission merchant, dealer, or
broker, within the scope of his employment or
office, shall in every case be deemed the act,
omission, or failure of such commission merchant, dealer, or broker as that of such agent,
officer, or other person.
(June 10, 1930, ch. 436, § 16, 46 Stat. 538.)

CHAPTER 21—TOBACCO STATISTICS
501.
502.
503.
504.
505.
506.
507.
508.
509.

Collection and publication; facts required; deteriorated tobacco.
Standards for classification; returns and
blanks.
Reports; necessity; by whom made; penalties.
‘‘Person’’ defined.
Access to internal-revenue records.
Returns under oath; administration.
Limitation on use of statistical information.
Separability.
Repealed.

CODIFICATION

§ 501. Collection and publication; facts required;
deteriorated tobacco

Section was formerly classified to section 566 of this
title.

The Secretary of Agriculture is authorized and
directed to collect and publish statistics of the

TITLE 7—AGRICULTURE

§ 502

quantity of leaf tobacco in all forms in the
United States and Puerto Rico, owned by or in
the possession of dealers, manufacturers, quasimanufacturers, growers’ cooperative associations, warehousemen, brokers, holders, or owners, other than the original growers of tobacco.
The statistics shall show the quantity of tobacco in such detail as to types, groups of
grades, and such other subdivisions as to quality, color, and/or grade for particular types, as
the Secretary of Agriculture shall deem to be
practical and necessary for the purposes of this
chapter, shall be summarized as of January 1,
April 1, July 1, and October 1 of each year, and
an annual report on tobacco statistics shall be
issued: Provided, That the Secretary of Agriculture shall not be required to collect statistics
of leaf tobacco from any manufacturer of tobacco who, in the first three quarters of the preceding calendar year, according to the returns of
the Commissioner of Internal Revenue or the
record of the Treasurer of Puerto Rico, manufactured less than thirty-five thousand pounds
of tobacco, or from any manufacturer of cigars
who, during the first three quarters of the preceding calendar year, manufactured less than
one hundred and eighty-five thousand cigars, or
from any manufacturer of cigarettes who, during the first three quarters of the preceding
year, manufactured less than seven hundred and
fifty thousand cigarettes: And provided further,
That the Secretary of Agriculture may omit the
collection of statistics from any dealer, manufacturer, growers’ cooperative association, warehouseman, broker, holder, or owner who does
not own and/or have in stock, in the aggregate,
fifty thousand pounds or more of leaf tobacco on
the date as of which the reports are made. For
the purposes of this chapter, any tobacco which
has deteriorated on account of age or other
causes to the extent that it is not merchantable
or is unsuitable for use in manufacturing tobacco products shall be classified with other
nondescript tobacco and reported in the ‘‘N’’
group of the type to which it belongs.
(Jan. 14, 1929, ch. 69, § 1, 45 Stat. 1079; July 14,
1932, ch. 480, § 1, 47 Stat. 662; Aug. 27, 1935, ch. 749,
§ 1, 49 Stat. 893.)
AMENDMENTS
1935—Act Aug. 27, 1935, inserted ‘‘and Puerto Rico’’
after ‘‘United States’’, substituted ‘‘seven hundred and
fifty thousand cigarettes’’ for ‘‘one million cigarettes’’
before second proviso and inserted second proviso.
1932—Act July 14, 1932, substituted ‘‘thirty-five’’ for
‘‘fifty’’ and ‘‘one hundred and eighty-five thousand cigars’’ and ‘‘one million’’ for ‘‘seven hundred and fifty
thousand cigarettes’’.
CHANGE OF NAME
‘‘Porto Rico’’ changed to ‘‘Puerto Rico’’ by act May
17, 1932, ch. 190, 47 Stat. 158.
SEPARABILITY
Section 4 of act Aug. 27, 1935, which amended this section and sections 502 and 505 of this title, provided as
follows: ‘‘If any provision of this act, or the application
of such provision to any person or circumstances, is
held invalid, the remainder of the act and the application of such provisions to persons or circumstances
other than those as to which it is held invalid, shall not
be affected thereby.’’

Page 340

§ 502. Standards for classification; returns and
blanks
The Secretary of Agriculture shall establish
standards for the classification of leaf tobacco,
and he is authorized to demonstrate such standards, to prepare and distribute samples thereof,
and to make reasonable charges therefor. He
shall specify the types, groups of grades, qualities, colors, and/or grades, which shall be included in the returns required by this chapter.
The Secretary of Agriculture shall prepare appropriate blanks upon which the returns shall be
made, shall, upon request, furnish copies to persons who are required by this chapter to make
returns, and such returns shall show the types,
groups of grades, qualities, colors, and/or grades
and such other information as the Secretary
may require.
(Jan. 14, 1929, ch. 69, § 2, 45 Stat. 1079; Aug. 27,
1935, ch. 749, § 2, 49 Stat. 894.)
AMENDMENTS
1935—Act Aug. 27, 1935, inserted ‘‘and such returns
shall show the types, groups of grades, qualities, colors,
and/or grades and such other information as the Secretary may require’’ in last sentence.

§ 503. Reports; necessity; by whom made; penalties
It shall be the duty of every dealer, manufacturer, quasi-manufacturer, growers’ cooperative
association, warehouseman, broker, holder, or
owner, other than the original grower, except
such persons as are excluded by the proviso to
section 501 of this title, to furnish within fifteen
days after January 1, April 1, July 1, and October 1 of each year, completely and correctly, to
the best of his knowledge, a report of the quantity of leaf tobacco on hand, segregated in accordance with the blanks furnished by the Secretary of Agriculture. Any person, firm, association, or corporation required by this chapter to
furnish a report, and any officer, agent, or employee thereof who shall refuse or willfully neglect to furnish any of the information required
by this chapter, or shall willfully give answers
that are false or misleading, shall be guilty of a
misdemeanor, and upon conviction thereof shall
be fined not less than $300 or more than $1,000, or
imprisoned not more than one year, or both.
(Jan. 14, 1929, ch. 69, § 3, 45 Stat. 1080; July 14,
1932, ch. 480, § 2, 47 Stat. 663.)
AMENDMENTS
1932—Act July 14, 1932, made quasi-manufacturers
subject to section.

§ 504. ‘‘Person’’ defined
The word ‘‘person’’ as used in this chapter
shall be held to embrace also any partnership,
corporation, association, or other legal entity.
(Jan. 14, 1929, ch. 69, § 4, 45 Stat. 1080.)
§ 505. Access to internal-revenue records
The Secretary of Agriculture shall have access
to the tobacco records of the Commissioner of
Internal Revenue and of the several collectors of
internal revenue for the purpose of obtaining
lists of the persons subject to this chapter and

TITLE 7—AGRICULTURE

§ 502

quantity of leaf tobacco in all forms in the
United States and Puerto Rico, owned by or in
the possession of dealers, manufacturers, quasimanufacturers, growers’ cooperative associations, warehousemen, brokers, holders, or owners, other than the original growers of tobacco.
The statistics shall show the quantity of tobacco in such detail as to types, groups of
grades, and such other subdivisions as to quality, color, and/or grade for particular types, as
the Secretary of Agriculture shall deem to be
practical and necessary for the purposes of this
chapter, shall be summarized as of January 1,
April 1, July 1, and October 1 of each year, and
an annual report on tobacco statistics shall be
issued: Provided, That the Secretary of Agriculture shall not be required to collect statistics
of leaf tobacco from any manufacturer of tobacco who, in the first three quarters of the preceding calendar year, according to the returns of
the Commissioner of Internal Revenue or the
record of the Treasurer of Puerto Rico, manufactured less than thirty-five thousand pounds
of tobacco, or from any manufacturer of cigars
who, during the first three quarters of the preceding calendar year, manufactured less than
one hundred and eighty-five thousand cigars, or
from any manufacturer of cigarettes who, during the first three quarters of the preceding
year, manufactured less than seven hundred and
fifty thousand cigarettes: And provided further,
That the Secretary of Agriculture may omit the
collection of statistics from any dealer, manufacturer, growers’ cooperative association, warehouseman, broker, holder, or owner who does
not own and/or have in stock, in the aggregate,
fifty thousand pounds or more of leaf tobacco on
the date as of which the reports are made. For
the purposes of this chapter, any tobacco which
has deteriorated on account of age or other
causes to the extent that it is not merchantable
or is unsuitable for use in manufacturing tobacco products shall be classified with other
nondescript tobacco and reported in the ‘‘N’’
group of the type to which it belongs.
(Jan. 14, 1929, ch. 69, § 1, 45 Stat. 1079; July 14,
1932, ch. 480, § 1, 47 Stat. 662; Aug. 27, 1935, ch. 749,
§ 1, 49 Stat. 893.)
AMENDMENTS
1935—Act Aug. 27, 1935, inserted ‘‘and Puerto Rico’’
after ‘‘United States’’, substituted ‘‘seven hundred and
fifty thousand cigarettes’’ for ‘‘one million cigarettes’’
before second proviso and inserted second proviso.
1932—Act July 14, 1932, substituted ‘‘thirty-five’’ for
‘‘fifty’’ and ‘‘one hundred and eighty-five thousand cigars’’ and ‘‘one million’’ for ‘‘seven hundred and fifty
thousand cigarettes’’.
CHANGE OF NAME
‘‘Porto Rico’’ changed to ‘‘Puerto Rico’’ by act May
17, 1932, ch. 190, 47 Stat. 158.
SEPARABILITY
Section 4 of act Aug. 27, 1935, which amended this section and sections 502 and 505 of this title, provided as
follows: ‘‘If any provision of this act, or the application
of such provision to any person or circumstances, is
held invalid, the remainder of the act and the application of such provisions to persons or circumstances
other than those as to which it is held invalid, shall not
be affected thereby.’’

Page 340

§ 502. Standards for classification; returns and
blanks
The Secretary of Agriculture shall establish
standards for the classification of leaf tobacco,
and he is authorized to demonstrate such standards, to prepare and distribute samples thereof,
and to make reasonable charges therefor. He
shall specify the types, groups of grades, qualities, colors, and/or grades, which shall be included in the returns required by this chapter.
The Secretary of Agriculture shall prepare appropriate blanks upon which the returns shall be
made, shall, upon request, furnish copies to persons who are required by this chapter to make
returns, and such returns shall show the types,
groups of grades, qualities, colors, and/or grades
and such other information as the Secretary
may require.
(Jan. 14, 1929, ch. 69, § 2, 45 Stat. 1079; Aug. 27,
1935, ch. 749, § 2, 49 Stat. 894.)
AMENDMENTS
1935—Act Aug. 27, 1935, inserted ‘‘and such returns
shall show the types, groups of grades, qualities, colors,
and/or grades and such other information as the Secretary may require’’ in last sentence.

§ 503. Reports; necessity; by whom made; penalties
It shall be the duty of every dealer, manufacturer, quasi-manufacturer, growers’ cooperative
association, warehouseman, broker, holder, or
owner, other than the original grower, except
such persons as are excluded by the proviso to
section 501 of this title, to furnish within fifteen
days after January 1, April 1, July 1, and October 1 of each year, completely and correctly, to
the best of his knowledge, a report of the quantity of leaf tobacco on hand, segregated in accordance with the blanks furnished by the Secretary of Agriculture. Any person, firm, association, or corporation required by this chapter to
furnish a report, and any officer, agent, or employee thereof who shall refuse or willfully neglect to furnish any of the information required
by this chapter, or shall willfully give answers
that are false or misleading, shall be guilty of a
misdemeanor, and upon conviction thereof shall
be fined not less than $300 or more than $1,000, or
imprisoned not more than one year, or both.
(Jan. 14, 1929, ch. 69, § 3, 45 Stat. 1080; July 14,
1932, ch. 480, § 2, 47 Stat. 663.)
AMENDMENTS
1932—Act July 14, 1932, made quasi-manufacturers
subject to section.

§ 504. ‘‘Person’’ defined
The word ‘‘person’’ as used in this chapter
shall be held to embrace also any partnership,
corporation, association, or other legal entity.
(Jan. 14, 1929, ch. 69, § 4, 45 Stat. 1080.)
§ 505. Access to internal-revenue records
The Secretary of Agriculture shall have access
to the tobacco records of the Commissioner of
Internal Revenue and of the several collectors of
internal revenue for the purpose of obtaining
lists of the persons subject to this chapter and

Page 341

TITLE 7—AGRICULTURE

for the purpose of aiding the collection of the information herein required, and the Commissioner of Internal Revenue and the several collectors of internal revenue shall cooperate with
the Secretary of Agriculture in effectuating the
provisions of this chapter.
(Jan. 14, 1929, ch. 69, § 5, 45 Stat. 1080; Aug. 27,
1935, ch. 749, § 3, 49 Stat. 894.)
AMENDMENTS
1935—Act Aug. 27, 1935, reenacted section without
change.
ABOLITION OF OFFICES AND TRANSFER OF FUNCTIONS
Offices of Internal Revenue Collector and Deputy Collector abolished by 1952 Reorg. Plan No. 1, § 1, eff. Mar.
14, 1952, 17 F.R. 2243, 66 Stat. 823, set out in the Appendix to Title 5, Government Organization and Employees, and by section 2 thereof a new office of district
commissioner of internal revenue was established. Section 4 of the Plan transferred all functions, that had
been vested by statute in any officer or employee of Bureau of Internal Revenue since effective date of 1950
Reorg. Plan No. 26, §§ 1, 2, 15 F.R. 4935, 64 Stat. 1280,
1281, to Secretary of the Treasury.
Functions of all officers of Department of the Treasury, and functions of all agencies and employees of Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his
functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31,
1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Internal Revenue, referred to
in text, is an officer of Department of the Treasury.

§ 506. Returns under oath; administration
The returns provided for in this chapter shall
be made under oath before a collector or deputy
collector of internal revenue, a postmaster, assistant postmaster, or anyone authorized to administer oaths by State or Federal law.
(Jan. 14, 1929, ch. 69, § 6, 45 Stat. 1080.)
ABOLITION OF OFFICES AND TRANSFER OF FUNCTIONS
See note under section 505 of this title.

§ 507. Limitation on use of statistical information
The information furnished under the provisions of this chapter shall be used only for the
statistical purposes for which it is supplied. No
publication shall be made by the Secretary of
Agriculture whereby the data furnished by any
particular establishment can be identified, nor
shall the Secretary of Agriculture permit anyone other than the sworn employees of the Department of Agriculture to examine the individual reports.
(Jan. 14, 1929, ch. 69, § 7, 45 Stat. 1080.)
§ 508. Separability
If any provision of this chapter is declared unconstitutional or the applicability thereof to
any person or circumstance is held invalid, the
validity of the remainder of said sections and
the applicability of such provisions to other persons and circumstances shall not be affected
thereby.
(Jan. 14, 1929, ch. 69, § 9, 45 Stat. 1080.)

§ 511

§ 509. Repealed. Pub. L. 104–127, title II, § 262,
Apr. 4, 1996, 110 Stat. 973
Section, Pub. L. 98–180, title II, § 214, as added Pub. L.
101–624, title XV, § 1557, Nov. 28, 1990, 104 Stat. 3699;
amended Pub. L. 102–237, title III, § 337, Dec. 13, 1991, 105
Stat. 1859, provided for reporting requirements relating
to tobacco.

CHAPTER 21A—TOBACCO INSPECTION
Sec.

511.
511a.
511b.
511c.
511d.
511e.
511f.
511g.
511h.
511i.
511j.
511k.
511l.
511m.
511n.
511o.
511p.
511q.
511r.
511s.

Definitions.
Declaration of purpose.
Official standards for classification; tentative
standards; modification.
Demonstration of official standards; samples;
cost.
Designation of markets; manner; inspection
and related services; fees and charges.
Sampling and weighing; cost; disposition of
moneys received; expenses; purpose.
Reinspection and appeal inspection; certificate as evidence.
Placing of grade on warehouse tickets, etc.;
form.
Publication of information relating to tobacco.
Offenses.
Publication of violations.
Penalty for violations.
Act of agent as that of principal.
Regulation; hearings; employees; expenditures; authorization of appropriations.
Hearings; examination of witnesses; refusal
to testify or produce evidence.
Separability.
Delegation of duties by Secretary of Agriculture.
Short title.
Repealed.
Grading of tobacco.

§ 511. Definitions
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 weight
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