-CITE-

7 USC CHAPTER 25 - EXPORT STANDARDS FOR APPLES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

.

-HEAD-

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-MISC1-

Sec.

581. Standards of export; establishment; shipping without

certificate forbidden; hearings.

582. Notice of establishment of standards; shipments under

contracts made before adoption of standards.

583. Foreign standards; certification of compliance.

584. Shipments of less than carload lots; exemptions.

585. Fees for inspection and certification; certificates as prima

facie evidence.

586. Refusal of certificates for violations of laws; penalties for

violations.

587. Rules and regulations; cooperation with other agencies;

compensation of officers and employees; effect on other laws.

588. Separability.

589. Definitions.

590. Authorization of appropriations.

-CITE-

7 USC Sec. 581 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 581. Standards of export; establishment; shipping without

certificate forbidden; hearings

-STATUTE-

It shall be unlawful for any person to ship or offer for shipment

or for any carrier, or any steamship company, or any person to

transport or receive for transportation to any foreign destination,

except as provided in this chapter, any apples in packages which

are not accompanied by a certificate issued under authority of the

Secretary of Agriculture showing that such apples are of a Federal

or State grade which meets the minimum of quality established by

the Secretary for shipment in export. The Secretary is authorized

to prescribe, by regulations, the requirements, other than those of

grade, which the fruit must meet before certificates are issued.

The Secretary shall provide opportunity, by public hearing or

otherwise, for interested persons to examine and make

recommendation with respect to any standard of export proposed to

be established or designated, or regulation prescribed, by the

Secretary for the purposes of this chapter.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 1, 48 Stat. 123; Pub. L. 106-96, Sec.

1(c), Nov. 12, 1999, 113 Stat. 1321.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-96 struck out ''and/or pears'' after ''any

apples'' and ''or pears'' after ''such apples''.

SHORT TITLE

Act June 10, 1933, ch. 59, Sec. 11, as added by Pub. L. 106-96,

Sec. 1(a), Nov. 12, 1999, 113 Stat. 1321, provided that: ''This Act

(enacting this chapter) may be cited as the 'Export Apple Act'.''.

-CITE-

7 USC Sec. 582 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 582. Notice of establishment of standards; shipments under

contracts made before adoption of standards

-STATUTE-

The Secretary shall give reasonable notice through one or more

trade papers of the effective date of standards of export

established or designated by him under this chapter: Provided, That

any apples may be certified and shipped for export in fulfillment

of any contract made within six months prior to the date of such

shipment if the terms of such contract were in accordance with the

grades and regulations of the Secretary in effect at the time the

contract was made.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 2, 48 Stat. 123; Pub. L. 106-96, Sec.

1(c)(2), Nov. 12, 1999, 113 Stat. 1321.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-96 struck out ''or pears'' after ''any

apples''.

-CITE-

7 USC Sec. 583 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 583. Foreign standards; certification of compliance

-STATUTE-

Where the government of the country to which the shipment is to

be made has standards or requirements as to condition of apples,

the Secretary may in addition to inspection and certification for

compliance with the standards established or designated hereunder

inspect and certify for determination as to compliance with the

standards or requirements of such foreign government and may

provide for special certificates in such cases.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 3, 48 Stat. 124; Pub. L. 106-96, Sec.

1(c)(2), Nov. 12, 1999, 113 Stat. 1321.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-96 struck out ''or pears'' after ''of

apples''.

-CITE-

7 USC Sec. 584 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 584. Shipments of less than carload lots; exemptions

-STATUTE-

Apples in less than carload lots as defined by the Secretary may,

in his discretion, be shipped to any foreign country without

complying with the provisions of this chapter.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 4, 48 Stat. 124; Pub. L. 106-96, Sec.

1(c)(2), Nov. 12, 1999, 113 Stat. 1321.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-96 struck out ''or pears'' after ''Apples''.

-CITE-

7 USC Sec. 585 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 585. Fees for inspection and certification; certificates as

prima facie evidence

-STATUTE-

For inspecting and certifying the grade, quality, and/or

condition of apples, the Secretary shall cause to be collected a

reasonable fee which shall as nearly as may be cover the cost of

the service rendered: Provided, That when cooperative arrangements

satisfactory to the Secretary, or his designated representative,

for carrying out the purposes of this chapter cannot be made the

fees collected hereunder in such cases shall be available until

expended to defray the cost of the service rendered, and in such

cases the limitations on the amounts expended for the purchase and

maintenance of motor-propelled passenger-carrying vehicles shall

not be applicable: Provided further, That certificates issued by

the authorized agents of the United States Department of

Agriculture shall be received in all courts of the United States as

prima facie evidence of the truth of the statements therein

contained.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 5, 48 Stat. 124; Pub. L. 106-96, Sec.

1(c)(1), Nov. 12, 1999, 113 Stat. 1321.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-96 struck out ''and/or pears'' after ''of

apples''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

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7 USC Sec. 586 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 586. Refusal of certificates for violations of laws; penalties

for violations

-STATUTE-

After opportunity for hearing the Secretary is authorized to

refuse the issuance of certificates under this chapter for periods

not exceeding ninety days to any person who ships or offers for

shipment any apples in foreign commerce in violation of any of the

provisions of this chapter. Any person or any common carrier or

any transportation agency knowingly violating any of the provisions

of this chapter shall be fined not less than $100 nor more than

$10,000 by a court of competent jurisdiction.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 6, 48 Stat. 124; Pub. L. 106-96, Sec.

1(c)(1), Nov. 12, 1999, 113 Stat. 1321.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-96 struck out ''and/or pears'' after ''any

apples''.

-CITE-

7 USC Sec. 587 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 587. Rules and regulations; cooperation with other agencies;

compensation of officers and employees; effect on other laws

-STATUTE-

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, whether operating

in one or more jurisdictions; 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, law books, 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, and as may be appropriated for by Congress. This chapter

shall not abrogate nor nullify any other statute, whether State or

Federal, dealing with the same subjects as this chapter; but it is

intended that all such statutes shall remain in full force and

effect except insofar as they are inconsistent herewith or

repugnant hereto.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 7, 48 Stat. 124.)

-CITE-

7 USC Sec. 588 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 588. Separability

-STATUTE-

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.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 8, 48 Stat. 124.)

-CITE-

7 USC Sec. 589 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 589. Definitions

-STATUTE-

When used in this chapter -

(1) The term ''person'' includes individuals, partnerships,

corporations, and associations.

(2) The term ''Secretary of Agriculture'' means the Secretary

of Agriculture of the United States.

(3) Except as provided herein, the term ''foreign commerce''

means commerce between any State, or the District of Columbia,

and any place outside of the United States or its possessions.

(4) The term ''apples'' means fresh whole apples, whether or

not the apples have been in storage.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 9, 48 Stat. 124; Pub. L. 106-96, Sec.

1(b), Nov. 12, 1999, 113 Stat. 1321.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-96 added par. (4) and struck out former par.

(4) which read as follows: ''The term 'apples and/or pears' means

fresh whole apples or pears, whether or not they have been in

storage.''

-CITE-

7 USC Sec. 590 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES

-HEAD-

Sec. 590. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary for the administration of this chapter.

-SOURCE-

(June 10, 1933, ch. 59, Sec. 10, as added Pub. L. 87-725, Sec. 12,

Oct. 1, 1962, 76 Stat. 676.)

-CITE-