Service and regulatory announcements

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Title:
Service and regulatory announcements
Physical Description:
v. : ; 23 cm.
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English
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United States -- Bureau of Agricultural Economics
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G.P.O.
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Washington
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Agriculture -- Economic aspects -- Periodicals -- United States   ( lcsh )
Agricultural estimating and reporting -- Periodicals -- United States   ( lcsh )
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federal government publication   ( marcgt )

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Statement of Responsibility:
United States Department of Agriculture, Bureau of Agricultural Economics.
Dates or Sequential Designation:
No. 71 (Sept. 1922)-
General Note:
"S.R.A.--Agricultural economics ..."
General Note:
Title from caption.

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University of Florida
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oclc - 43519476
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AA00009494:00009

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Service and regulatory announcements


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S. R. A.-P. M. A. 107 Issued June 1927
Amended October 1929 ; July 1939
Reprinted with amendments March 1950

United States Department of Agriculture

PRODUCTION AND MARKETING ADMINISTRATION

SERVICE AND REGULATORY ANNOUNCEMENTS NO. 107



REGULATIONS OF THE SECRETARY OF AGRICULTURE
FOR THE ENFORCEMENT OF THE PRODUCE AGENCY
ACT



(Title 7, Ch. I, Pt. 47 of the Code of Federal Regulations)



CONTENTS

2S Page Page
Definitions ...-- ------------------------------- 1 Certificates of inspection-----..--------------... 2
48.1 Meaning of words..-..---------------- 1 48.7 Inspection and certification.--------- 2
482 Definitions..-------.. ---------------- 1 48.8 Certificates; issuance; conttnts.....-- 3
Administration.--------------------- 2 48.9 Application for inspection and certifi-
48.3 Administrator -------------------- 2 cation; how made; contents--------- 3
Violations-------------------- 2 48.10 Copy of certificate to Administrator.. 3
4 .4 Destroying or dumping ----- -- 2 Complaints------------------------------- 3
-44' False report or statement---------- 2 4S.11 Filing of complaints -----. ----------- 3
48.6.. F.ailuir to account------ ------- 2 The Produce Agency Act----------------------- 3



On April 29, 1947, notice of proposed rule making was published in the
FEDERAL REGISTER (12 F. R. 2774) re-arding the revision of the regulations
(7 CFR and Supps. 48.1 et seq.) issued under the so-called Produce Agency Act,
approved M;tlrcli 3, 1927 (44 Stat. 1355; 7 U. S. C(. -14i), entitled "An act to
prevent the destruction or dumping, without good and sufficient cause therefore,
of farm produce received in interstate commerce by commission merchants
and others and to require them truly and correctly to account for all farm
produce received by them." After consideration of all relevant matters pre-
sented, including the proposals set forth in the notice, the following revised
regulations are hereby promulgated, effective August 1, 1947:

DEFINITIONS
48.1 Meaning of words. Words in this part in the singular form shall be
deemed to import the plural, and vice versa, as the case may demand.
48.2 Definitions.-Unless the context otherwise requires, the following terms
shall be construed as follows:
(a) "Act" means "An act to lprI'vent the destruction or 1dui.ni'ii". without good
and sufficient cause therefore, of farm produce received in interstate commerce
by commission merchants and others, and to require them truly and correctly
to account for all farm produce received by them," approved March 3, 1927
(44 Stat. 1355; 7 U. S. C. 491-497).
(b) "Person" means an individual, partnership, association or corporation.
(c) "Secretary" means the Secretary of the United States Department of
Agriculture or any person to whom authority has heretofore lawfully been dele-
gated, or to whom authority may hereafter lawfully be delegated, to act in his
stead.
(d) "Administration" means the Production and Marketing Administration,
United States Department of Agriculture.
877469-50








(e) "Administrator" means the Administrator of the Production and Market-
ing Administration, United States Department of Agriculture, or any officer
or employee of the Administration to whom authority has heretofore lawfully
been 1leh.at teil. or to whom authority may hereafter lawfully be delegated, to
act in his stead.
(f) "'I'Idiiue" means all fresh fruits and fresh vegetables generally considered
by the trade as perishable fruits and vegettables, melons, dairy or poultry prod-
ucts, or any perishable farm products of any kind or character.
(g) "Truly and correctly to account" means, unless otherwise stipulated by
the parties, that the cii, ign.r of produce shall, within 10 days after the final
sale is made of any produce received for sale on consignment in interstate com-
merce or in the District of Columbia, render to the consignor thereof a true and
correct itemized statement of the gross sales as well as all selling charges and
all other charge or expenses paid and a statement of the net proceeds or deficit,
and make full i;i. rminit to the consignor of the net proceeds so received together
with a full explanation of the disposition of any and all produce not sold.
(h) "Good and sufficient cause" means, with respect to destroyed, abandoned,
discarded, or dumped produce, that the produce so dealt with had no commercial
value, or that some other legal justification for so dealing with such produce
existed, such as an order of condemnation by a health officer or definite authority
from the shipper.
(i) "Commercial value" means any value that the produce may have for any
purpose that can be ascertained in the exercise of due diligence by the consignee
without unreasonable expense or loss of time.

ADMINISTRATION
48.3 Administrator.-The Administrator shall perform, for and under the
supervision of the Secretary, such duties as the Secretary may require in the ad-
ministration and enforcement of the provisions of the act and the regulations
in this part.
VIOLATIONS
48.4 Destroying or dumping.-Any person receiving produce in interstate
commerce or in the District of Columbia for or on behalf of another, who, with-
out good and sufficient cause, shall destroy or abandon, discard as refuse, or
dump any produce, directly or indirectly or through collusion with any person,
shall be considered to have violated the act.
48.5 False report or statement.-Any person, receiving produce in interstate
commerce or in the District of Columbia for or on behalf of another, shall be
considered to have violated the act if, knowingly and with intent to defraud, he
makes any false report or statement to the person from whom such produce was
received concerning the handling, condition, quality, quantity, sale, or disposition
thereof.
48.6 Failure to account.-Any person, receiving produce in interstate com-
merce or in the District of Columbia for or on behalf of another, shall be con-
sidered to have violated the act, if, knowingly and with intent to defraud, he
fails truly and correctly to account to the person from whom such produce was
received.
CERTIFICATES OF INSPECTION
48.7 Inspection and certification.-The classes of persons described in para-
graphs (a), (b), and (c) of this section are hereby designated to make inspec-
tions r-gardin-i the quality and condition of produce received in interstate com-
merce or in the District of 'Columbia, and to issue certificates setting forth the
quality and condition of such produce which is to be destroyed, abandoned, dis-
carded as refuse, or dumped. Any person shipping, receiving, or financially
interested in such produce may make application for such inspection to the desig-
nated classes of persons.
(a) Any person authorized by the United States Department of Agriculture
to inspect fruits and vecetablts under any law (including, but not being limited
to, the provisions of the so-called Farm Products Inspection law, contained in
the Department of Agriculture Appropriation Act, 1947 (Pub. Law 422, 79th
Cong., 2d Sess., approved June 22, 1946), the Agriculture Marketing Act of 1946,
and any amendment thereto, and the Perishable Agricultural Commodities Act,







1930 (46 Stat. 531, as amended; 7 U. S. C. 499a et seq.), iprvidiig for the market
inspection of farm produnI t s;
(b) Any health ,ifi-'r or fod ini-ec'tr of any State, county, parish, city, or
municipiiality or of the District of Columbia ; or
(c) When, and only when, no inspe''t,,r or health iltio'r, ,il'iii:iinldl in para-
graph (a) or (b) of this section, is available, the inl 'iil ion and certification pro-
vided in this section m;iy he made by any two persons lm;a in~;. no financial interest
in the produce involved or in the business of any person financially iitr,'-Irr 'd
therein, and who are unrelated by blood or nimrriag' to any such financially
interested person, and who, at the time of the inspection and( certification, and
for a pI'rioil of at least one year immediately prior thereto, have been eniim i-ced
in the handlliig of the same 'renvi'ral kind or class of produce with respect to
which the inspection and certification are to be made. Any certificate issued
by any persons designated in this paragraph must include a statement that each
of them possesses the requisite qualifications.
48.8 Certificates; issuance; contents.-Each certificate issued under the act
and pursuant to the regulation in this part must identify the particular lot of
produce inspected; name the commodity; give the date upon which the inspection
was made; state the quantity of the produce, the name and address of the agent
handling the same and the fee, if any, charged therefore; and shall certify as to
the quality and condition of such produce, and that it was without commercial
value at the time of inspection.
48.9 Application for inspection and certification; how made; contents.-
Application for inspection may be filed with the person or persons authorized to
make such inspection or with anyone employed in such person's office and may be
made in writing or by telegraph, or orally or by telephone. If made orally,
the person or persons requested to make the inspection may require that it be
confirmed in writing by the applicant. The application must show the name and
address of the shipper, the name and address of the applicant, and the location
and description of the produce, with marks, brands, or other specific identification
if practicable.
48.10 Copy of certificate to the Administrator.-Any person issuing a cer-
tificate under the regulations in this part must mail promptly a copy of the
certificate to the Administrator, Production and Marketing Administration,
United States Department of Agriculture, Washington 25, D. C.

COMPLAINTS
48.11 Filing of complaints.-Any person having reason to believe that the act
or the regulations in this part have been violated should submit promptly all
available facts with respect thereto to the Administrator for investigation and
appropriate action.
Done at Washington, D. C., this 27th day of June 1947. Witness my hand and
the seal of the Department of Agriculture.


[sEAL]


Secretary of Agriculture.

THE PRODUCE AGENCY ACT
(Approved March 3, 1927. 44 Stat. 1355)
AN ACT To prevent the destruction or dumping, without good and sufficient cause there-
for, of farm produce received in interstate commerce by commission merchants and
others and to require them truly and correctly to account for all farm produce received
by them.
Be it enacted by the Senate and House of Rr.n-cr ni ties of the United
States of America in Congress assembled, That after June 3u, '11127, any person,
firm, association, or corporation receiving any fruits, vegetables, melons, dairy
or poultry products, or any perishable farm products of any kind or chaancier,
hereinafter referred to as produce, in interstate commerce, or in the District
of Columbia, for or on behalf of another, who without 'good and iti icient cause




UNIVERSITY OF FLORIDA

III II II Il I iill I I I I I I 1111111
3 1262 08729 0408
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therefore, shall destroy, or aliiandon, discard as refuse or dump any produce
directly or indirectly, or through collusion with any person, or who shall know-
ingly and with intent to defraud make any false report or statement to the
person, firm, association, or corporation from whom any produce was received,
concerning the handling, condition, quality, quantity, sale or disposition thereof,
or who shall knowingly and with intent to defraud fail truly and correctly
to account therefore shall be guilty of a misdemeanor and upon conviction shall
be punished by a fine of not less than $100 and not more than $3,000, or by
imprisonment for a period of not exceeding one year, or both, at the discretion
of the court. The Secretary of Agriculture shall by regulation provide for
the making of prompt investigations and the issuing of certificates as to the
quality and condition of produce received in interstate commerce or in the Dis-
trict of Columbia, upon application of any person, firm, association, or corpora-
tion shipping, receiving, or financially interested in, such produce. Such
regulations shall designate the classes of persons qualified and authorized to
make such investigations and issue such certificates, except that any such in-
vetia-iiii,, shall be made and any such certificate shall be issued by at least
two disinterested persons in any case where such investigation is not made by
an officer or employee of the Department of Agriculture or of any State or
political subdivision thereof or of the District of Columbia. A certificate made
in compliance with such regulations shall be prima facie evidence in all Federal
courts of the truth of the statements therein contained as to the quality and
condition of the produce; but if any such certificate is put in evidence by any
party, in any civil or criminal proceeding, the opposite party shall be permitted
to cross-examine any person signing such certificate, called as a witness at the
instance of either party, as to his qualifications and authority and as to the
truth of the statements contained in such certificate.
SEC. 2. The Secretary of Agriculture is hereby authorized and directed to
enforce this Act. It is hereby made the duty of all United States attorneys to
prosecute cases arising under this Act, subject to the supervision and control
of the Department of Justice.
SEC. 3. The Secretary of Agrictulture may make such rules and regulations as
he may deem advisable to carry out the provisions of this Act and may cooper-
ate 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 may call upon any F'edral department, board, or commis-
sion for assistance in carrying out the purposes of this Act; and shall have the
power to appoint, remove, and fix the compensation of such officers and em-
ployees not in conflict with existing law and make such expenditures for rent,
outside the District of Columbia, printing, tele-rais. telephones, books of
reference, books of law, periodicals, newspapers, furniture, stationery, office
equipment, travel, and other supplies and expenses as shall be deemed neces-
sary to the administration of this Act in the District of Columbia and else-
n here and there is hereby authorized to be appropriated, out of any moneys in
the Treasury not otherwise nppro'priatedl. the sum of $25,000 to be available
for expndlitiire during the fiscal year beginning July 1, 1927, and the appro-
priation of such additional sums as may be necessary thereafter to carry out
the Ipurposes of this Act is hereby authorized. This Act shall not abrogate
nor nullify any other statute, whether State or Federal, dealing with the same
subjects as this Act, but it is intended that all such statutes shall remain in full
force and effect except in so far only as they are inconsistent herewith or
repugnant hereto.
SEC. 4. If any provision of this Act is declared unconstitutional or the appli-
cability thereof to any person or circumstance is held invalid, the validity of
the remainder of the Act and the npplia-nhility of such provisions to other
persons and circumstances shall not be affected thereby.
A proved. March 3, 1927.



UNIV. Wf FL LIB.


U. S. GOVERNMENT PRINTING OFFICE: 1950


U.S. tDPOT




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