-CITE-

7 USC CHAPTER 21A - TOBACCO INSPECTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 21A - TOBACCO INSPECTION

.

-HEAD-

CHAPTER 21A - TOBACCO INSPECTION

-MISC1-

Sec.

511. Definitions.

511a. Declaration of purpose.

511b. Official standards for classification; tentative standards;

modification.

511c. Demonstration of official standards; samples; cost.

511d. Designation of markets; manner; inspection and related

services; fees and charges.

511e. Sampling and weighing; cost; disposition of moneys received;

expenses; purpose.

511f. Reinspection and appeal inspection; certificate as evidence.

511g. Placing of grade on warehouse tickets, etc.; form.

511h. Publication of information relating to tobacco.

511i. Offenses.

511j. Publication of violations.

511k. Penalty for violations.

511l. Act of agent as that of principal.

511m. Regulation; hearings; employees; expenditures; authorization

of appropriations.

511n. Hearings; examination of witnesses; refusal to testify or

produce evidence.

511o. Separability.

511p. Delegation of duties by Secretary of Agriculture.

511q. Short title.

511r. Imported tobacco.

(a) Inspection for grade and quality; exception.

(b) Establishment of grade and quality standards.

(c) Certification necessary for excepted tobacco;

false statements.

(d) Place of inspection; fees and charges.

(e) Tobacco pesticide residues; certification, etc.,

requirements.

(f) End users of imported tobacco; certification,

identification, etc., requirements.

511s. Grading of tobacco.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 511s of this title.

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7 USC Sec. 511 01/06/03

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511. Definitions

-STATUTE-

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 not in

any wise limiting the foregoing definition) a transaction in

respect to tobacco shall be considered to be in commerce if such

tobacco is part of that current of commerce usual in the tobacco

industry whereby tobacco or products manufactured therefrom 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

purchase or sale is either for shipment to another State or for

manufacture within the State and the shipment outside the State of

the products resulting from such manufacture. Tobacco normally in

such current of 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 this

chapter. For the purpose of this paragraph the word ''State''

includes Territory, the District of Columbia, possession of the

United States, and foreign nations.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 1, 49 Stat. 731.)

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-HEAD-

Sec. 511a. Declaration of purpose

-STATUTE-

Transactions in tobacco involving the sale thereof at auction as

commonly conducted at auction markets are affected with a public

interest; such transactions are carried on by tobacco producers

generally and by persons engaged in the business of buying and

selling tobacco in commerce; the classification of tobacco

according to type, grade, and other characteristics affect the

prices received therefor by producers; without uniform standards of

classification and inspection the evaluation of tobacco is

susceptible to speculation, manipulation, and control, and

unreasonable fluctuations in prices and quality determinations

occur which are detrimental to producers and persons handling

tobacco in commerce; such fluctuations constitute a burden upon

commerce and make the use of uniform standards of classification

and inspection imperative for the protection of producers and

others engaged in commerce and the public interest therein.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 2, 49 Stat. 731.)

-CITE-

7 USC Sec. 511b 01/06/03

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-HEAD-

Sec. 511b. Official standards for classification; tentative

standards; modification

-STATUTE-

The Secretary is authorized to investigate the sorting, handling,

conditioning, inspection, and marketing of tobacco from time to

time, and to establish standards for tobacco by which its type,

grade, size, condition, or other characteristics may be determined,

which standards shall be the official standards of the United

States, and shall become effective immediately or upon a date

specified by the Secretary: Provided, That the Secretary may issue

tentative standards for tobacco prior to the establishment of

official standards therefor, and he may modify any standards

established under authority of this chapter whenever, in his

judgment, such action is advisable.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 3, 49 Stat. 732.)

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-HEAD-

Sec. 511c. Demonstration of official standards; samples; cost

-STATUTE-

The Secretary is authorized to demonstrate the official

standards; to prepare and distribute, upon request, samples,

illustrations, or sets thereof; and to make reasonable charges

therefore: Provided, That in no event shall charges be in excess of

the cost of said samples, illustrations, and services so rendered.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 4, 49 Stat. 732.)

-CITE-

7 USC Sec. 511d 01/06/03

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-HEAD-

Sec. 511d. Designation of markets; manner; inspection and related

services; fees and charges

-STATUTE-

The Secretary is authorized to designate those auction markets

where tobacco bought and sold thereon at auction, or the products

customarily manufactured therefrom, moves in commerce. Before any

market is designated by the Secretary under this section he shall

determine by referendum the desire of tobacco growers who sold

tobacco at auction on such market during the preceding marketing

season. The Secretary may at his discretion hold one referendum

for two or more markets or for all markets in a type area. No

market or group of markets shall be designated by the Secretary

unless two-thirds of the growers voting favor it. The Secretary

shall have access to the tobacco records of the Collector of

Internal Revenue and of the several collectors of internal revenue

for the purpose of obtaining the names and addresses of growers who

sold tobacco on any auction market, and the Secretary shall

determine from said records the eligibility of such grower to vote

in such referendum, and no grower shall be eligible to vote in more

than one referendum. After public notice of not less than thirty

days that any auction market has been so designated by the

Secretary, no tobacco shall be offered for sale at auction on such

market until it shall have been inspected and certified by an

authorized representative of the Secretary according to the

standards established under this chapter, except that the Secretary

may temporarily suspend the requirement of inspection and

certification at any designated market whenever he finds it

impracticable to provide for such inspection and certification

because competent inspectors are not obtainable or because the

quantity of tobacco available for inspection is insufficient to

justify the cost of such service: Provided, That, in the event

competent inspectors are not available, or for other reasons, the

Secretary is unable to provide for such inspection and

certification at all auction markets within a type area, he shall

first designate those auction markets where the greatest number of

growers may be served with the facilities available to him. The

Secretary shall by regulation fix and collect fees and charges for

inspection and certification, the establishment of standards, and

other services under this section at designated auction markets.

The fees and charges authorized by this section shall, as nearly as

practicable, cover the costs of the services, including the

administrative and supervisory costs customarily included by the

Secretary in user fee calculations. The fees and charges, late

payment penalties, and interest earned from the investment of such

funds, when collected, shall be credited to the current

appropriation account that incurs the cost and shall be available

without fiscal year limitation to pay the expenses of the Secretary

incident to providing services under this chapter. Any funds

realized from the collection of fees or charges authorized under

this section and section 511e of this title and credited to the

current appropriation account incurring the cost of services

provided under this section and section 511e of this title, late

payment penalties, and interest earned from the investment of such

funds may be invested by the Secretary in insured or fully

collateralized, interest-bearing accounts or, at the discretion of

the Secretary, by the Secretary of the Treasury in United States

Government debt instruments. Any income realized from this

activity may be used to pay the expenses of the Secretary of

Agriculture incident to providing services under this chapter or

reinvested in the manner authorized in the preceding sentence. The

fees and charges authorized in this section shall be assessed

against the warehouse operator, irrespective of ownership or

interest in the tobacco, and shall be collected by the warehouse

operator from the sellers of the tobacco. The inspection and

related services under this section shall be suspended or denied if

the warehouse operator fails to collect or otherwise pay the fees

and charges imposed under this section. Tobacco inspection or

certification services provided to designated auction markets shall

take precedence over such services, other than reinspection,

requested under the authority contained in section 511e of this

title or any other provision of law. In accordance with the

Federal Advisory Committee Act, the Secretary shall establish a

national advisory committee of tobacco producers, and advisory

subcommittees for each major kind of tobacco, to advise the

Secretary with regard to the level of inspection and related

services and the fees and charges therefor. The advisory committee

and subcommittees established under this section shall be of

permanent duration. The committees shall meet at the call of the

Secretary.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 5, 49 Stat. 732; Pub. L. 97-35, title

I, Sec. 157(a)(1), Aug. 13, 1981, 95 Stat. 374; Pub. L. 99-272,

title I, Sec. 1111, Apr. 7, 1986, 100 Stat. 99.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in text, is Pub.

L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out

in the Appendix to Title 5, Government Organization and Employees.

-MISC2-

AMENDMENTS

1986 - Pub. L. 99-272 inserted ''late payment penalties, and

interest earned from the investment of such funds,'' in ninth

sentence, substituted ''The fees and charges authorized in this

section shall be assessed'' for ''Such fees and charges shall be

assessed'', and inserted provision relating to the investment of

any funds realized from collection of fees or charges in insured or

fully collateralized, interest-bearing accounts or in United States

Government debt instruments, the income therefrom to be used to pay

expenses incident to providing services under this chapter or

reinvested.

1981 - Pub. L. 97-35 substituted provisions requiring the

Secretary to fix and collect fees and charges for inspection,

certification, establishment of standards, and other services at

designated auction markets, for provisions prohibiting imposition

or collection of fees or charges for inspection or certification at

markets.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 157(b) of Pub. L. 97-35 provided that: ''The provisions

of this section (amending this section and section 511e of this

title) shall become effective October 1, 1981.''

-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

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 511e, 511k of this title.

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7 USC Sec. 511e 01/06/03

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511e. Sampling and weighing; cost; disposition of moneys

received; expenses; purpose

-STATUTE-

The Secretary, independently or in cooperation with other

branches of the Government, State agencies, or persons whether

operating in one or more jurisdictions, is authorized to employ

and/or license competent persons as samplers to take official

samples of tobacco, or as weighers to weigh and certify the weight

of tobacco, or as inspectors of tobacco to determine and certify,

upon the request of the owner or other financially interested

person, the type, grade, weight, condition, and/or such other facts

as the Secretary may deem necessary.

The Secretary shall fix and collect such fees or charges in the

administration of this section as will cover, as nearly as

practicable, the costs of the services provided, including

administrative and supervisory costs. Such fees and charges shall

be credited to the account referred to in section 511d of this

title. Fees or charges collected under an agreement with a State,

municipality, or person, or by an individual licensed to inspect or

weight or sample tobacco under this chapter, may be disposed of in

accordance with the terms of such agreement or license. Charges

for expenses for travel and subsistence incurred by inspectors or

weighers or samplers employed by the Secretary when required to be

paid by the applicant for service, may be credited to the

appropriation, or any other funds authorized in this chapter from

which they were paid.

This section is intended merely to provide for the furnishing of

services upon request of the owner or other person financially

interested in tobacco to be sampled, inspected, or weighed and

shall not be construed otherwise.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 6, 49 Stat. 732; Pub. L. 97-35, title

I, Sec. 157(a)(2), Aug. 13, 1981, 95 Stat. 375.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 substituted provisions requiring the

Secretary to fix and collect fees and charges to cover cost of

services, for provisions authorizing the Secretary to fix and

collect fees and charges as he deems reasonable and provisions

respecting fees or charges collected under an agreement with a

State, etc.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

157(b) of Pub. L. 97-35, set out as a note under section 511d of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 511d of this title.

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511f. Reinspection and appeal inspection; certificate as

evidence

-STATUTE-

The Secretary shall provide for such reinspection or appeal

inspection of tobacco as he may deem necessary for the confirmation

or reversal of certificates issued under this chapter. Each

inspection certificate issued under this chapter, unless

invalidated or superseded in accordance with the regulations of the

Secretary, shall be received in all courts and by all officers and

employees of the United States as prima facie evidence of the truth

of the statements therein contained.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 7, 49 Stat. 733.)

-CITE-

7 USC Sec. 511g 01/06/03

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-HEAD-

Sec. 511g. Placing of grade on warehouse tickets, etc.; form

-STATUTE-

Warehousemen shall provide space on warehouse tickets or other

tags or labels used by them for showing the grade of the lot

covered thereby as determined by an authorized tobacco inspector

under this chapter. The Secretary may prescribe, by regulation,

the form in which such certification of grade shall be shown, and

may require that a copy of such warehouse ticket, tag, or label

shall be furnished to the Secretary.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 8, 49 Stat. 733.)

-CITE-

7 USC Sec. 511h 01/06/03

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-HEAD-

Sec. 511h. Publication of information relating to tobacco

-STATUTE-

The Secretary is authorized to collect, publish, and distribute,

by telegraph, mail, or otherwise without cost to the grower, timely

information on the market supply and demand, location, disposition,

quality, condition, and market prices for tobacco.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 9, 49 Stat. 733.)

-CITE-

7 USC Sec. 511i 01/06/03

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511i. Offenses

-STATUTE-

It shall be unlawful -

(a) For any person to use the words ''United States'',

''Government'', or ''Federal'' or any abbreviation thereof, in, or

in connection with, any statement relating to the grade of tobacco

when such grade is not, in fact, one of the grades for tobacco

according to the standards of the United States.

(b) For any person falsely to make, issue, alter, forge, or

counterfeit, or aid, cause, procure, or assist in or be a party to

the false making, issuing, altering, forging, or counterfeiting of

any certificate, stamp, tag, seal, label, or other writing

purporting to be issued or authorized under this chapter.

(c) For any person, not an authorized inspector under this

chapter, to issue a certificate or report stating the type, grade,

size, or condition of any lot of tobacco to be in accordance with

the standards of the United States therefor which is of such color,

size, arrangement, or wording as to be mistaken for a certificate

issued under this chapter, unless such certificate states in

prominent letters in its heading that it is not issued under

authority of the United States.

(d) For any person employed, designated, or licensed by the

Secretary as an inspector, sampler, or weigher of tobacco under

this chapter knowingly to inspect, sample, or weigh improperly, or

to issue any false certificate under this chapter, or to accept

money or other consideration, directly or indirectly, for any

neglect or improper performance of duty as an inspector, sampler or

weigher.

(e) For any person improperly to influence or to attempt

improperly to influence or forcibly to assault, resist, impede, or

interfere with any inspector, sampler, weigher, or other person

employed, designated, or licensed by the Secretary in the execution

of his duties under this chapter: Provided, however, That nothing

herein shall operate to prevent the owner of tobacco from appealing

or protesting, in accordance with regulations of the Secretary, the

grade certified for his tobacco.

(f) For any person falsely to represent or otherwise indicate

that he is authorized by the Secretary to inspect, sample, or weigh

tobacco under this chapter.

(g) For any person to substitute, or attempt to substitute,

following inspection or sampling or weighing under this chapter,

other tobacco for tobacco actually inspected or sampled or weighed,

or in the case of tobacco inspected in auction warehouses for any

person not so authorized by the Secretary to remove any certificate

of grade from any lot of tobacco prior to the sale of such lot.

(h) For any person falsely to represent that tobacco has been

inspected, sampled, or weighed under this chapter; or knowingly to

have made any false representation concerning tobacco inspected

under this chapter; or knowing that tobacco is to be offered for

inspection or sampling under this chapter to load, pack, or arrange

such tobacco in such manner as knowingly to conceal foreign matter

or tobacco of inferior grade, quality, or condition; or for any

person knowing that tobacco has been so loaded, packed, or

arranged, to offer it for inspection or sampling without disclosing

such knowledge to the inspector or sampler before inspection or

sampling.

(i) For any person willfully to alter an official sample of

tobacco by removing or plucking leaves or otherwise, or for any

person knowing that an official sample of tobacco has been so

altered, thereafter to represent such sample as an official sample.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 10, 49 Stat. 733.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 511k of this title.

-CITE-

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-HEAD-

Sec. 511j. Publication of violations

-STATUTE-

The Secretary is authorized to publish the facts regarding any

violation of this chapter.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 11, 49 Stat. 734.)

-CITE-

7 USC Sec. 511k 01/06/03

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511k. Penalty for violations

-STATUTE-

Any person violating any provision of sections 511d and 511i of

this title shall be guilty of a misdemeanor and upon conviction

thereof shall be fined not more than $1,000, or imprisoned not more

than one year, or both.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 12, 49 Stat. 734.)

-CITE-

7 USC Sec. 511l 01/06/03

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-HEAD-

Sec. 511l. Act of agent as that of principal

-STATUTE-

In construing and enforcing the provisions of this chapter;

(FOOTNOTE 1) the act; (FOOTNOTE 1) omission, or failure of any

agent, officer, or other person acting for or employed by an

association, partnership, corporation, or firm, within the scope of

his employment or office, shall be deemed to be the act, omission,

or failure of the association, partnership, corporation, or firm,

as well as that of the person.

(FOOTNOTE 1) So in original. The semicolon probably should be a

comma.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 13, 49 Stat. 734.)

-CITE-

7 USC Sec. 511m 01/06/03

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511m. Regulation; hearings; employees; expenditures;

authorization of appropriations

-STATUTE-

The Secretary is authorized to make such rules and regulations

and hold such hearings as he may deem necessary to effectuate the

purposes of this chapter and may cooperate with any other

Department or agency of the Government; any State, territory,

district, or possession, or department, agency, or political

subdivision thereof; purchasing and consuming organizations, boards

of trade, chambers of commerce, or other associations of business

men or trade organizations; or any person, whether operating in one

or more jurisdictions in carrying on the work herein authorized;

and he shall have the power to appoint, suspend, remove, and fix

the compensation of all officers, employees, and licensees not in

conflict with existing law, except that inspectors and supervisors

employed thereunder on a seasonal basis and working for periods of

six months or less during any twelve-month period may be appointed

without reference to the provisions of chapter 51 and subchapter

III of chapter 53 of title 5. The Secretary is authorized to make

such expenditures for rent outside of the District of Columbia,

printing, binding, telegrams, telephones, books of reference,

publications, furniture, stationery, office and laboratory

equipment, travel, tobacco for use in preparing and demonstrating

standards, 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, 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 administering this

chapter.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 14, 49 Stat. 734; Oct. 28, 1949, ch.

782, title II, Sec. 202(28), title XI, Sec. 1106(a), 63 Stat. 956,

972.)

-COD-

CODIFICATION

''Chapter 51 and subchapter III of chapter 53 of title 5''

substituted in text for ''the Classification Act of 1949'' on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC3-

AMENDMENTS

1949 - Act Oct. 28, 1949, substituted ''Classification Act of

1949'' for ''Classification Act of 1923''.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-CITE-

7 USC Sec. 511n 01/06/03

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-HEAD-

Sec. 511n. Hearings; examination of witnesses; refusal to testify

or produce evidence

-STATUTE-

In carrying on the work authorized in this chapter, the

Secretary, or any officer or employee designated by him for such

purpose, shall have power to hold hearings, administer oaths, sign

and issue subpenas, examine witnesses, and require the production

of books, records, accounts, memoranda, and papers. Upon refusal

by any person to appear, testify, or produce books, records,

accounts, memoranda, and papers in response to a subpena, the

proper United States district court shall have power to compel

obedience thereto.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 15, 49 Stat. 735.)

-CITE-

7 USC Sec. 511o 01/06/03

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511o. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstance 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.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 16, 49 Stat. 735.)

-CITE-

7 USC Sec. 511p 01/06/03

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511p. Delegation of duties by Secretary of Agriculture

-STATUTE-

Any duties devolving upon the Secretary of Agriculture by virtue

of the provisions of this chapter may with like force and effect be

executed by such officer or officers, agent or agents, of the

Department of Agriculture as the Secretary may designate for the

purpose.

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 17, 49 Stat. 735.)

-CITE-

7 USC Sec. 511q 01/06/03

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-HEAD-

Sec. 511q. Short title

-STATUTE-

This chapter may be cited as ''The Tobacco Inspection Act.''

-SOURCE-

(Aug. 23, 1935, ch. 623, Sec. 18, 49 Stat. 735.)

-CITE-

7 USC Sec. 511r 01/06/03

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CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511r. Imported tobacco

-STATUTE-

(a) Inspection for grade and quality; exception

Notwithstanding any other provision of law -

(1) All tobacco offered for importation into the United States,

except tobacco described in paragraph (2), shall be inspected,

insofar as practicable, for grade and quality as tobacco marketed

through a warehouse in the United States is inspected for grade

and quality.

(2) Cigar tobacco and oriental tobacco (both as provided for in

chapter 24 of the Harmonized Tariff Schedule of the United

States) offered for importation into the United States shall be

accompanied by a certification by the importer, in such form as

the Secretary of Agriculture may prescribe, stating the kind and

type of such tobacco, and, in the case of cigar tobacco, that

such tobacco will be used solely in the manufacture or production

of cigars.

(b) Establishment of grade and quality standards

The Secretary of Agriculture shall establish grade and quality

standards for the purposes of subsection (a)(1) of this section

that are, insofar as practicable, the same as those applicable to

tobacco marketed through a warehouse in the United States.

(c) Certification necessary for excepted tobacco; false statements

Any tobacco described in subsection (a)(2) of this section that

is not accompanied by the certification required by that subsection

shall not be permitted entry into the United States. The provisions

of section 1001 of title 18 shall be applicable with respect to any

certification made by an importer under such subsection.

(d) Place of inspection; fees and charges

The Secretary of Agriculture shall enforce the provisions of

subsection (a) of this section at the point of entry of tobacco

offered for importation into the United States. The Secretary shall

by regulation fix and collect from the importer fees and charges

for inspection under subsection (a)(1) and subsection (e) of this

section which shall, as nearly as practicable, cover the costs of

such services, including the administrative and supervisory costs

customarily included by the Secretary in user fee calculations, and

which shall be comparable to fees and charges fixed and collected

for services provided in connection with tobacco produced in the

United States. The fees and charges, when collected, shall be

credited to the current appropriation account that incurs the cost

and shall be available without fiscal year limitation to pay the

expenses of the Secretary incident to providing services under

subsection (a)(1) of this section, subsection (e) of this section,

and subsection (f) of this section. Any fees collected, late

payment penalties, and interest earned shall be credited to the

account referred to in this section and may be invested by the

Secretary of Agriculture in insured or fully-collateralized

interest-bearing accounts or, at the discretion of the Secretary of

Agriculture, by the Secretary of the Treasury in United States

Government debt instruments. Fees and charges, including late

payment penalties, and interest earned from the investment of such

funds shall be credited to the account referred to in this section.

(e) Tobacco pesticide residues; certification, etc., requirements

Notwithstanding any other provision of law:

(1)(A) All flue-cured or burley tobacco offered for importation

into the United States shall be accompanied by a certification by

the importer, in such form as the Secretary of Agriculture shall

prescribe, that the tobacco does not contain any prohibited

residue of any pesticide that has been cancelled, suspended,

revoked, or otherwise prohibited under the Federal Insecticide,

Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). Any

flue-cured or burley tobacco that is not accompanied by such

certification shall be inspected by the Secretary at the point of

entry to determine whether that tobacco meets the pesticide

residue requirements. Subsection (d) of this section shall apply

with respect to fees and charges imposed to cover the costs of

such inspection.

(B) Any tobacco that is determined by the Secretary not to meet

the pesticide residue requirements shall not be permitted entry

into the United States.

(C) The customs fraud provisions under section 1592 of title 19

and criminal fraud provisions under section 1001 of title 18

shall apply with respect to the certification requirement in

subparagraph (A).

(2) The Secretary shall by regulation provide for pesticide

residue standards with respect to pesticides that are cancelled,

suspended, revoked, or otherwise prohibited under the Federal

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et

seq.), that shall apply to flue-cured and burley tobacco, whether

domestically produced or imported.

(3) The Secretary, to such extent and at such times as the

Secretary determines appropriate, shall sample and test

flue-cured and burley tobacco offered for importation or for sale

in the United States to determine whether it conforms with the

pesticide residue requirements. The Secretary shall by

regulation impose fees and charges for such inspections.

(4) If the Secretary determines, as a result of tests conducted

under paragraph (3), that certain flue-cured or burley tobacco

offered for importation does not meet the requirements of this

subsection, then such tobacco shall not be permitted entry into

the United States.

(5)(A) Subject to subparagraph (B), if the Secretary determines

that domestically produced Flue-cured (FOOTNOTE 1) or Burley

(FOOTNOTE 1) tobacco does not meet the requirements of this

section, such tobacco may not be moved in commerce among the

States and shall be destroyed by the Secretary.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(B) This paragraph shall apply only to tobacco produced after

December 23, 1985, that receives price support under the

Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) or

the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).

(f) End users of imported tobacco; certification, identification,

etc., requirements

(1) The certification required under subsection (e)(1) of this

section shall also include the identification of any and all end

users of such tobacco of which the importer has knowledge. Any

flue cured (FOOTNOTE 2) or burley tobacco permitted entry into the

United States must be accompanied by a written identification of

any and all end users of such tobacco. In cases in which the

importer has no knowledge of the identity of an end user, the

importer shall identify any and all purchasers to whom the importer

expects to transfer such imported tobacco. The importer shall file

with the Department of Agriculture an amended statement if, at any

time after the time of entry of such tobacco imports, the importer

has knowledge of any additional purchaser or end user. In those

cases in which the importer has not identified all end users of

such imported tobacco, the Secretary of Agriculture shall take all

steps available to ascertain the identity of any and all such end

users, including requesting such information from purchasers of

such imported tobacco. Domestic purchasers of imported tobacco

shall be required to supply any relevant information to the

Department of Agriculture upon demand under this subsection.

(FOOTNOTE 2) So in original. Probably should be ''flue-cured''.

(2) The Secretary shall provide to the Senate Committee on

Agriculture, Nutrition, and Forestry, and the House Committee on

Agriculture, on or before April 1, 1986, a report on the

implementation of this authority to identify each end user and

purchaser of imported tobacco. Such report shall identify the end

users and purchasers of imported tobacco and the quantity, in

pounds, bought by such end user or purchaser, as well as all steps

taken by the Department of Agriculture to ascertain such

identities. The Secretary shall provide an additional report,

beginning November 15, 1986, and annual reports thereafter, on the

implementation of this authority.

(3) As used in this subsection, the term ''end user of imported

tobacco'' means -

(A) a domestic manufacturer of cigarettes or other tobacco

products;

(B) an entity that mixes, blends, processes, alters in any

manner, or stores, imported tobacco for export; and

(C) any other individual that the Secretary may identify as

making use of imported tobacco for the production of tobacco

products.

(4) Subsection (d) of this section shall apply with respect to

fees and charges imposed to cover the costs of such end user

identification, certification, and reporting activities.

-SOURCE-

(Pub. L. 98-180, title II, Sec. 213, Nov. 29, 1983, 97 Stat. 1149;

Pub. L. 99-198, title XI, Sec. 1161, 1166, Dec. 23, 1985, 99 Stat.

1498, 1501; Pub. L. 100-418, title I, Sec. 1214(b), Aug. 23, 1988,

102 Stat. 1156; Pub. L. 101-508, title I, Sec. 1204(c), Nov. 5,

1990, 104 Stat. 1388-11; Pub. L. 101-624, title XXV, Sec. 2511,

Nov. 28, 1990, 104 Stat. 4073; Pub. L. 103-66, title I, Sec.

1106(c), Aug. 10, 1993, 107 Stat. 323.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (a)(2), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of Title

19, Customs Duties.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (e)(1)(A), (2), is act June 25, 1947, ch. 125, as

amended generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973,

which is classified generally to subchapter II (section 136 et

seq.) of chapter 6 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

136 of this title and Tables.

The Agricultural Adjustment Act of 1938, referred to in subsec.

(e)(5)(B), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended,

which is classified principally to chapter 35 (Sec. 1281 et seq.)

of this title. For complete classification of this Act to the

Code, see section 1281 of this title and Tables.

The Agricultural Act of 1949, referred to in subsec. (e)(5)(B),

is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to chapter 35A (Sec. 1421 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Tobacco Adjustment Act of

1983, and not as part of The Tobacco Inspection Act which comprises

this chapter.

-MISC3-

AMENDMENTS

1993 - Subsec. (d). Pub. L. 103-66 inserted before period at end

of second sentence '', and which shall be comparable to fees and

charges fixed and collected for services provided in connection

with tobacco produced in the United States''.

1990 - Subsec. (d). Pub. L. 101-624 inserted provisions crediting

to account fees, penalties and interest, authorizing investment of

interest earned therefrom in insured or fully-collateralized

accounts or in United States Government debt instruments, and

crediting interest from such investments to account.

Pub. L. 101-508, Sec. 1202(c)(1), which directed the insertion of

'', subsection (e) of this section, and subsection (f) of this

section'' before the period was executed by making the insertion

before the period at the end thereof as the probable intent of

Congress.

Subsec. (f)(4). Pub. L. 101-508, Sec. 1202(c)(2), added par. (4).

1988 - Subsec. (a)(2). Pub. L. 100-418 substituted ''chapter 24

of the Harmonized Tariff Schedule of the United States'' for

''Schedule 1, Part 13, Tariff Schedules of the United States''.

1985 - Subsec. (d). Pub. L. 99-198, Sec. 1161(b), inserted ''and

subsection (e)'' after ''subsection (a)(1)'' in second sentence.

Subsec. (e). Pub. L. 99-198, Sec. 1161(a), added subsec. (e).

Subsec. (f). Pub. L. 99-198, Sec. 1166, added subsec. (f).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 1301 of title I of Pub. L. 101-508 provided that: ''This

title and the amendments made by this title (enacting section 940d

of this title, amending this section and sections 1441-2, 1444-2,

1444f, 1445, 1445b-3a, 1445c-3, 1445j, 1446e, 1446f to 1446h, 1722,

1736, 1736a, 1783, 1994, 1999, and 5822 of this title and section

136a of Title 21, Food and Drugs, enacting provisions set out as

notes under sections 136w, 1421, and 1445b-3a of this title, and

amending provisions set out as notes under sections 1421 and 1999

of this title) shall become effective 1 day after the date of

enactment of the Food, Agriculture, Conservation, and Trade Act of

1990 (Nov. 28, 1990), or December 1, 1990, whichever is earlier.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as a note under

section 3001 of Title 19, Customs Duties.

WAIVER AUTHORITY OF PRESIDENT

For provision that President may waive application of amendment

to this section by section 1106(c) of Pub. L. 103-66, if President

determines that waiver is necessary or appropriate pursuant to an

international agreement entered into by United States, see section

422(c) of Pub. L. 103-465 set out as a note under section 1445 of

this title.

-CITE-

7 USC Sec. 511s 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 21A - TOBACCO INSPECTION

-HEAD-

Sec. 511s. Grading of tobacco

-STATUTE-

(1) In general

Not later than March 31, 2002, the Secretary of Agriculture

(referred to in this section as the ''Secretary'') shall conduct

referenda among producers of each kind of tobacco that is eligible

for price support under the Agricultural Act of 1949 (7 U.S.C. 1421

et seq.) to determine whether such producers favor the mandatory

grading of that kind of tobacco by the Secretary.

(2) Mandatory grading

(A) In general

If the Secretary determines that mandatory grading is favored

by a majority of the producers of a kind of tobacco voting in the

referendum, the Secretary is authorized and directed to ensure

that the kind of tobacco is graded at the time of sale effective

for the 2002 and subsequent marketing years.

(B) Fees

To the maximum extent practicable, the Secretary shall

establish, collect, and use fees for the grading of tobacco

required under this section in the same manner as user fees for

the grading of tobacco sold at auction authorized under the

Tobacco Inspection Act (7 U.S.C. 511 et seq.).

(3) Judicial review

A determination by the Secretary under this section shall not be

subject to judicial review.

-SOURCE-

(Pub. L. 107-76, title VII, Sec. 759(a), Nov. 28, 2001, 115 Stat.

741.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Act of 1949, referred to in par. (1), is act

Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to chapter 35A (Sec. 1421 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

The Tobacco Inspection Act, referred to in par. (2)(B), is act

Aug. 23, 1935, ch. 623, 49 Stat. 731, as amended, which is

classified generally to this chapter. For complete classification

of this Act to the Code, see section 511q of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Agriculture, Rural

Development, Food and Drug Administration, and Related Agencies

Appropriations Act, 2002, and not as part of The Tobacco Inspection

Act which comprises this chapter.

-CITE-