-CITE-

7 USC CHAPTER 21 - TOBACCO STATISTICS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

.

-HEAD-

CHAPTER 21 - TOBACCO STATISTICS

-MISC1-

Sec.

501. Collection and publication; facts required; deteriorated

tobacco.

502. Standards for classification; returns and blanks.

503. Reports; necessity; by whom made; penalties.

504. ''Person'' defined.

505. Access to internal-revenue records.

506. Returns under oath; administration.

507. Limitation on use of statistical information.

508. Separability.

509. Repealed.

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7 USC Sec. 501 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

-HEAD-

Sec. 501. Collection and publication; facts required; deteriorated

tobacco

-STATUTE-

The Secretary of Agriculture is authorized and directed to

collect and publish statistics of the quantity of leaf tobacco in

all forms in the United States and Puerto Rico, owned by or in the

possession of dealers, manufacturers, quasi-manufacturers, 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.

-SOURCE-

(Jan. 14, 1929, ch. 69, Sec. 1, 45 Stat. 1079; July 14, 1932, ch.

480, Sec. 1, 47 Stat. 662; Aug. 27, 1935, ch. 749, Sec. 1, 49 Stat.

893.)

-MISC1-

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-

CHANGE OF NAME

''Porto Rico'' changed to ''Puerto Rico'' by act May 17, 1932,

ch. 190, 47 Stat. 158.

-MISC4-

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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 503, 2276 of this title.

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7 USC Sec. 502 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

-HEAD-

Sec. 502. Standards for classification; returns and blanks

-STATUTE-

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.

-SOURCE-

(Jan. 14, 1929, ch. 69, Sec. 2, 45 Stat. 1079; Aug. 27, 1935, ch.

749, Sec. 2, 49 Stat. 894.)

-MISC1-

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.

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7 USC Sec. 503 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

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Sec. 503. Reports; necessity; by whom made; penalties

-STATUTE-

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.

-SOURCE-

(Jan. 14, 1929, ch. 69, Sec. 3, 45 Stat. 1080; July 14, 1932, ch.

480, Sec. 2, 47 Stat. 663.)

-MISC1-

AMENDMENTS

1932 - Act July 14, 1932, made quasi-manufacturers subject to

section.

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7 USC Sec. 504 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

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Sec. 504. ''Person'' defined

-STATUTE-

The word ''person'' as used in this chapter shall be held to

embrace also any partnership, corporation, association, or other

legal entity.

-SOURCE-

(Jan. 14, 1929, ch. 69, Sec. 4, 45 Stat. 1080.)

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7 USC Sec. 505 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

-HEAD-

Sec. 505. Access to internal-revenue records

-STATUTE-

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 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.

-SOURCE-

(Jan. 14, 1929, ch. 69, Sec. 5, 45 Stat. 1080; Aug. 27, 1935, ch.

749, Sec. 3, 49 Stat. 894.)

-MISC1-

AMENDMENTS

1935 - Act Aug. 27, 1935, reenacted section without change.

-TRANS-

ABOLITION OF OFFICES AND TRANSFER OF FUNCTIONS

Offices of Internal Revenue Collector and Deputy Collector

abolished by 1952 Reorg. Plan No. 1, Sec. 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,

Sec. 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, Sec. 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.

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7 USC Sec. 506 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

-HEAD-

Sec. 506. Returns under oath; administration

-STATUTE-

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.

-SOURCE-

(Jan. 14, 1929, ch. 69, Sec. 6, 45 Stat. 1080.)

-TRANS-

ABOLITION OF OFFICES AND TRANSFER OF FUNCTIONS

See note under section 505 of this title.

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7 USC Sec. 507 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

-HEAD-

Sec. 507. Limitation on use of statistical information

-STATUTE-

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.

-SOURCE-

(Jan. 14, 1929, ch. 69, Sec. 7, 45 Stat. 1080.)

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7 USC Sec. 508 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

-HEAD-

Sec. 508. Separability

-STATUTE-

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.

-SOURCE-

(Jan. 14, 1929, ch. 69, Sec. 9, 45 Stat. 1080.)

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7 USC Sec. 509 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 21 - TOBACCO STATISTICS

-HEAD-

Sec. 509. Repealed. Pub. L. 104-127, title II, Sec. 262, Apr. 4,

1996, 110 Stat. 973

-MISC1-

Section, Pub. L. 98-180, title II, Sec. 214, as added Pub. L.

101-624, title XV, Sec. 1557, Nov. 28, 1990, 104 Stat. 3699;

amended Pub. L. 102-237, title III, Sec. 337, Dec. 13, 1991, 105

Stat. 1859, provided for reporting requirements relating to

tobacco.

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