US (United States) Code. Title 7. Chapter 21B: Tobacco control

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

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  • País: Estados Unidos Estados Unidos
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publicidad

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7 USC CHAPTER 21B - TOBACCO CONTROL 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

.

-HEAD-

CHAPTER 21B - TOBACCO CONTROL

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Sec.

515. Consent of Congress to production compacts between States;

uniformity; withdrawal of consent; limitation on consent.

515a. Definitions.

515b. Advancement of funds to compacting States; repayment.

515c. Designation of persons to deal with compacting States.

515d. Loans to associations of tobacco producers.

515e. Availability of Department of Agriculture records and

facilities to compacting States.

515f. Authorization of appropriations; disposition of repayments of

loans.

515g. Agencies to which funds available.

515h. Effect of compacts between States producing cigar tobacco on

Puerto Rican commerce.

(a) Determination of world consumption; ''crop year''

defined.

(b) Determination of marketing quota for Puerto Rico.

(c) Establishment of marketing quota for each Puerto

Rican farm.

(d) Uniform adjustment of marketing quotas.

(e) Issuance of marketing certificates.

(f) Payments for production deficits due to adverse

conditions.

(g) Prohibition of sale, etc., without certificate.

515i. Disposition of receipts under section 515h.

515j. Separability.

515k. Rules and regulations.

516, 517. Repealed.

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7 USC Sec. 515 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515. Consent of Congress to production compacts between

States; uniformity; withdrawal of consent; limitation on

consent

-STATUTE-

The Congress of the United States of America consents that any of

the States in which tobacco is produced may negotiate a compact or

compacts for the purpose of regulating and controlling the

production of, or commerce in, any one or more kinds of tobacco

therein: Provided, That all State acts authorizing such compact or

compacts shall be essentially uniform and in no way conflicting:

Provided further, That any compact, compacts, agreement, or

agreements negotiated and agreed upon by the States referred to in

the Act of the General Assembly of Virginia, approved March 13,

1936 (known as the Tobacco Control Act) (Va. Code 1936, Sec. 1399),

or by any other State or States producing any type or types of

tobacco referred to in said Act, which is in conformity with said

Act and relating to the type or types of tobacco specifically

referred to in said Act, shall become effective to the extent and

in the manner provided for in said Act without further consent or

ratification on the part of the Congress of the United States of

America: Provided, however, That nothing herein contained shall be

construed as preventing the Congress of the United States of

America from withdrawing its consent after April 25, 1936, to any

compact or agreement entered into pursuant to this chapter:

Provided further, That nothing in said sections shall be construed

to grant the consent of Congress to negotiate any compact for

regulating or controlling the production of, or commerce in,

tobacco for the purpose of fixing the price thereof, or to create

or perpetuate monopoly, or to promote regimentation, but such

consent shall be limited to compacts for the regulation and control

of production of, or commerce in, tobacco in order thereby to

enable growers to receive a fair price for such tobacco.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 1, 49 Stat. 1239.)

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SHORT TITLE

Act Apr. 25, 1936, which is classified to this chapter, is

popularly known as the ''Tobacco Control Act''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 515a, 515b, 515d of this

title.

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7 USC Sec. 515a 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515a. Definitions

-STATUTE-

As used in this chapter, unless otherwise stated or unless the

context or subject matter clearly indicates otherwise -

''Person'' means any individual, partnership, joint-stock

company, corporation, or association.

''State Act'' means any Act of a State legislature authorizing a

compact or compacts pursuant to the consent given in section 515 of

this title.

''Commission'' means the tobacco commission created by any State

Act.

''Secretary'' means the Secretary of Agriculture of the United

States.

''Kind of tobacco'' means one or more types of tobacco as

classified in Service and Regulatory Announcement Numbered 118 of

the Bureau of Agricultural Economics of the United States

Department of Agriculture as listed below according to the name or

names by which known:

Types 11, 12, 13, and 14, known as flue-cured tobacco.

Type 31, known as Burley tobacco.

Types 21, 22, 23, 24, 35, 36, and 37, known as fire-cured and

dark air-cured tobacco.

Types 41, 42, 43, 44, 45, and 46, known as cigar-filler tobacco.

Types 51, 52, 53, 54, and 65, known as cigar-binder tobacco.

Types 61 and 62, known as cigar-wrapper tobacco.

''Association'' means any association of tobacco producers or

other persons engaged in the tobacco industry, or both, formed

under the laws of any State for the purpose of stabilizing the

marketing of tobacco and providing crop protection to producers of

tobacco in any State or States.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 2, 49 Stat. 1240.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Bureau of Agricultural Economics of Department of

Agriculture transferred to other units of Department under

Secretary's memorandum 1320, Supplement 4, dated Nov. 2, 1953.

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7 USC Sec. 515b 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515b. Advancement of funds to compacting States; repayment

-STATUTE-

The Secretary is authorized to make advances from time to time,

from the funds provided in section 515f of this title, to the

tobacco commission established by the State act of each State which

enters into a compact or compacts under the consent given by

section 515 of this title in such amounts as the Secretary shall

determine to be required for the payment of administrative expenses

incurred by such commission, and under such terms and conditions

with respect to the expenditure thereof as the Secretary shall

stipulate: Provided, That each State act creating such commission

shall provide for the repayment to the Secretary of such advances

from any funds received by the commission from the sale of

marketing certificates with respect to tobacco, prior to the use of

such funds for any other purpose.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 3, 49 Stat. 1240.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 515f of this title.

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7 USC Sec. 515c 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515c. Designation of persons to deal with compacting States

-STATUTE-

The Secretary shall upon the request of the Commission of any

compacting State, designate such tobacco producers or other persons

engaged in the tobacco industry and such officials of the United

States Department of Agriculture as he deems advisable to meet with

the tobacco commissions for the different States for the purpose of

advising in connection with the administration of any compact or

compacts entered into pursuant to this chapter.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 4, 49 Stat. 1240.)

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7 USC Sec. 515d 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515d. Loans to associations of tobacco producers

-STATUTE-

The Secretary, from the funds provided in section 515f of this

title, is authorized to make loans for administrative purposes,

upon terms and conditions stipulated by him, to such association of

tobacco producers as may operate with respect to the 1936 crop in

the Georgia Tobacco Belt, in a manner similar to that embodied in

State acts providing for compacts under the consent given in

section 515 of this title.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 5, 49 Stat. 1240.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 515e, 515f of this title.

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7 USC Sec. 515e 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515e. Availability of Department of Agriculture records and

facilities to compacting States

-STATUTE-

The Secretary is authorized, upon the request of the commission

of any compacting State, or at the request of any association

referred to in section 515d of this title, to make available to the

commission of any State or to any such association such records and

information, whether published or unpublished, and such facilities

of the United States Department of Agriculture as the Secretary

deems appropriate in aiding such commission or association.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 6, 49 Stat. 1241.)

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7 USC Sec. 515f 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515f. Authorization of appropriations; disposition of

repayments of loans

-STATUTE-

(a) For the purpose of administering this chapter there is

authorized to be appropriated to the Secretary of Agriculture the

sum of $300,000, or so much thereof as may be necessary for that

purpose.

(b) Any advances or loans which are repaid to the Secretary by

any commission or association pursuant to sections 515b and 515d of

this title shall revert to the general fund of the Treasury of the

United States.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 7, 49 Stat. 1241.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 515b, 515d of this title.

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7 USC Sec. 515g 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515g. Agencies to which funds available

-STATUTE-

All funds available for carrying out this chapter shall be

available for allotment to the bureaus and offices of the

Department of Agriculture and for transfer to such other agencies

of the Federal or State Governments as the Secretary may request to

cooperate or assist in carrying out this chapter.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 8, 49 Stat. 1241.)

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7 USC Sec. 515h 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515h. Effect of compacts between States producing cigar

tobacco on Puerto Rican commerce

-STATUTE-

If, pursuant to this chapter, any compact entered into among

three or more of the States of Pennsylvania, Ohio, Wisconsin,

Massachusetts, Florida, and Connecticut, becomes effective, or if

any association or associations are formed, the membership of which

includes at least two-thirds of the producers of cigar-filler

tobacco and cigar-binder tobacco in three or more of said States,

commerce in cigar-filler tobacco produced in Puerto Rico shall be

regulated during the period in which any such compact remains

effective or such associations continue to operate, as follows:

(a) Determination of world consumption; ''crop year'' defined

The Secretary shall determine for each crop year, by calculations

from available statistics of the United States Department of

Agriculture, the quantity of cigar-filler tobacco produced in the

continental United States and Puerto Rico which is likely to be

consumed in all countries of the world during such crop year,

increased or decreased, as the case may be, by the amount by which

the world stocks of cigar-filler tobacco (produced in the

continental United States and Puerto Rico) at the beginning of such

crop year are less than or greater than the normal stocks of such

cigar-filler tobacco, as determined by the Secretary. For the

purposes of this section, the Secretary shall specify as a ''crop

year'' such period of twelve months as he deems will facilitate the

administration of this section.

(b) Determination of marketing quota for Puerto Rico

The Secretary shall determine a marketing quota for Puerto Rico

for cigar-filler tobacco for each crop year in which the provisions

of this section are operative. Such quota shall be that quantity

of cigar-filler tobacco which bears the same proportion (subject to

such adjustment, which may be cumulative from one crop year to

another, not exceeding 5 per centum of said proportion in any one

year, as the Secretary determines is necessary to correct for any

abnormal conditions of production during any three normal crop

years during the last ten years for trends in production during

such crop years and for trends in consumption since such crop

years) to the total quantity of cigar-filler tobacco produced in

the continental United States and Puerto Rico and required for

world consumption (as determined pursuant to subsection (a) of this

section) as the average production of cigar-filler tobacco in

Puerto Rico in such crop years bore to the average of the total

production of cigar-filler tobacco in the continental United States

and Puerto Rico in such crop years.

(c) Establishment of marketing quota for each Puerto Rican farm

The Secretary shall establish for each farm in Puerto Rico for

each crop year a tobacco-marketing quota, giving due consideration

to the quantity of cigar-filler tobacco marketed from the crops

produced on such farm and by the operator thereof in past years; to

the land, labor, and equipment available for production of tobacco

on such farm; to the crop-rotation practices on such farm; and to

the soil and other physical factors affecting production of tobacco

on such farm: Provided, That the total of the marketing quotas

established for all farms in Puerto Rico for any crop year shall

not exceed the marketing quota for Puerto Rico for such crop year.

(d) Uniform adjustment of marketing quotas

The marketing quota established for Puerto Rico and the marketing

quotas established for farms in Puerto Rico for any crop year

pursuant to subsections (b) and (c) of this section shall be

subject to such uniform adjustment during the crop year, not

exceeding 10 per centum of said quotas, as the Secretary shall

determine to be necessary to establish and maintain normal world

stocks of cigar-filler tobacco produced in the continental United

States and Puerto Rico and otherwise to effectuate the purposes of

this chapter.

(e) Issuance of marketing certificates

The Secretary shall, under such terms and conditions and in

accordance with such methods as may be established in regulations

prescribed by him, issue, to buyers or handlers of tobacco from any

farm in Puerto Rico, marketing certificates for an amount of

tobacco equal to the marketing quota established for such farm,

and, for any tobacco marketed in excess of such quota for such

farm, sell, to the buyer or handlers of such excess tobacco,

marketing certificates for a charge equal to one-third of the

current market value of such tobacco, and the Secretary may require

the buyer or handler of such excess tobacco to deduct the charge

for marketing certificates from the price or proceeds of or

advances on such tobacco.

(f) Payments for production deficits due to adverse conditions

From the proceeds received from the sale of marketing

certificates pursuant to subsection (e) of this section, the

Secretary shall make payments to the producers of tobacco on farms

in Puerto Rico from which the sales of tobacco, because of weather

or diseases or loss by fire affecting the tobacco crops thereon

adversely during any crop year, are less than the marketing quotas

for such farms for such crop year. Such payments shall be at a

rate per pound of such deficit as shall be determined by dividing

the funds remaining after deduction of such amount as the Secretary

estimates to be necessary for the payment of administrative

expenses incurred in administering the provisions of this section

by the total number of pounds by which the sales of tobacco from

all such farms fall below the marketing quotas for such farms.

(g) Prohibition of sale, etc., without certificate

The sale, marketing, purchase, or transportation of any

cigar-filler tobacco produced, sold, or marketed in Puerto Rico

during any period of time when this section shall be in effect is

prohibited unless a marketing certificate has been issued for such

tobacco by the Secretary pursuant to the provisions of subsection

(e) of this section.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 9, 49 Stat. 1241.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 515i of this title.

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7 USC Sec. 515i 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515i. Disposition of receipts under section 515h

-STATUTE-

Any receipts by the Secretary under section 515h of this title

shall be held in a separate fund and used by the Secretary for the

purpose of paying administrative expenses and expenditures incurred

or made in connection with said section.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 10, 49 Stat. 1242.)

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7 USC Sec. 515j 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515j. Separability

-STATUTE-

If any provision of this chapter, or the application thereof to

any person or circumstance, shall be held invalid, the validity of

the remainder of the chapter and the application of such provision

to other persons or circumstances shall not be affected thereby.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 11, 49 Stat. 1242.)

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7 USC Sec. 515k 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

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Sec. 515k. Rules and regulations

-STATUTE-

The Secretary shall prescribe such rules and regulations as he

may deem necessary to carry out the provisions of this chapter.

-SOURCE-

(Apr. 25, 1936, ch. 249, Sec. 12, 49 Stat. 1242.)

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7 USC Sec. 516, 517 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21B - TOBACCO CONTROL

-HEAD-

Sec. 516, 517. Repealed. Pub. L. 102-237, title X, Sec. 1019, Dec.

13, 1991, 105 Stat. 1906

-MISC1-

Section 516, act June 5, 1940, ch. 232, Sec. 1, 54 Stat. 231,

prohibited exportation of seeds or plants without permit.

Section 517, act June 5, 1940, ch. 232, Sec. 2, 54 Stat. 231,

provided penalty for violations.

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