Chapter 288. To establish and promote the use of the official cotton standards of the United States in interstate and foreign commerce; to prevent deception therein and provide for the proper application of such standards; and for other purposes
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CHAP. 288.— An Act To establish and promote the use of the official cotton standards of the United States in interstate and foreign commerce; to prevent deception therein and provide for the proper application of such standards; and for other purposes. March 4, 1923.[[H. R. 14302](/us/bill/67/hr/14302).][[Public, No. 539](/us/67/pl/539).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That this Act shall Cotton. Standards Act.be known by the short title of “United States Cotton Standards Act.” Sec. 2. That it shall be unlawful
(a)in or in connection with any Transactions In commerce.Using names for grades, etc., of cotton in, other than those of official standards, unlawful.transaction or shipment in commerce made after this Act shall become effective, or
(b)in any publication of a price or quotation de-termined in or in connection with any transaction or shipment in commerce after this Act shall become effective, or
(c)in any classification for the purposes of or in connection with a transaction or shipment in commerce after this Act shall become effective, for any person to indicate for any cotton a grade or other class which is of or within the official cotton standards of the United States then in effect under this Act by a name, description, or designation, or any system of names, description, or designation not used in said standards: *Provided*, That nothing herein shall prevent a transaction *Proviso*.Sales by actual samples not affeted.otherwise lawful by actual sample or on the basis of a private type which is used in good faith and not in evasion of or substitution for said standards. Sec. 3. That the Secretary of Agriculture may, upon presentationClassifiers of cotton.Licenses to be issued to persons competent. of satisfactory evidence of competency, issue to any person a license to grade or otherwise classify cotton and to certificate the grade or other class thereof in accordance with the official cotton standards of the United States. Any such license may be suspended or revoked Suspension or revocation for cause.by the Secretary of Agriculture whenever he is satisfied, after reasonable opportunity afforded to the licensee for a hearing, that such licensee is incompetent or has knowingly or carelessly classified cotton improperly, or has violated any provision of this Act or the regulations thereunder so far as the same may relate to him, or has used his license or allowed it to be used for any improper purpose. Pending investigation the Secretary of Agriculture, whenever he deems necessary, may suspend a license temporarily without a hearing. Sec. 4. That any person who has custody of or a financial interest Holders of cotton mav submit it for classification, etc.in any cotton may submit the same or samples thereof, drawn in accordance with the regulations of the Secretary of Agriculture, to 1518 such officer or officers of the Department of Agriculture, as may be designated for the purpose pursuant to the regulations of the Secretary of Agriculture for a determination of the true classification of such cotton or samples, including the comparison thereof, if requested, with types or other samples submitted for the purpose. Certificate prima facie evidence in court.The final certificate of the Department of Agriculture showing such determination shall be binding on officers of the United States and shall be accepted in the courts of the United States as prima facie evidence of the true classification or comparison of such cotton or samples when involved in any transaction or shipment in commerce. Rules, etc., for submission, etc.The Secretary of Agriculture shall fix rules and regulations for submitting samples of cotton for classification providing that all samples shall be numbered so that no one interested in the transaction in-volved shall be known by any classifier engaged in the classification of such cotton samples. Sec. 5. Charges authorized for licenses and classifying. That the Secretary of Agriculture may cause to be col-lected such charges as he may find to be reasonable for licenses issued to classifiers of cotton under section 3 and for determinations made under section 4 of this Act, and the amounts so collected shall be used by the Secretary of Agriculture in paying expenses of the Department of Agriculture connected therewith. Sec. 6. Official cotton standards.Secretary of Agriculture to establish classification by. That the Secretary of Agriculture is authorized to establish from time to time standards for the classification of cotton by which its quality or value may be judged or determined for commercial purposes, which shall be known as the official cotton standards Effective within a year.of the United States. Any such standard or change or replacement thereof shall become effective only on and after a date specified in the order of the Secretary of Agriculture establishing the same, which date shall be not less than one year after the date of such *Proviso*.Present standards continued temporarily.order : *Provided*, That the official cotton standards established, effective August 1, 1923, under the United States Cotton Futures Act shall be at the same time the official cotton standards for the purpose of this Act unless and until changed or replaced under this Act. Standards under this Act to supersede former.Whenever any standard or change or replacement thereof shall become effective under this Act, it shall also, when so specified in the order of the Secretary of Agriculture, become effective for the purposes of the United States Cotton Futures Act and supersede any inconsistentCopies of official standards to be fur-nished by the Secretary. standard established under said Act. Whenever the official cotton standards of the United States established under this Act shall be represented by practical forms the Department of Agriculture shall furnish copies thereof, upon request, to any person, and the cost thereof, as determined by the Secretary of Agriculture, shall Certificate, etc., of.be paid by the person making the request. The Secretary of Agriculture may cause such copies to be certified under the seal of the Department of Agriculture and may attach such conditions to the purchase and use thereof, including provision for the inspection, condemnation, and exchange thereof by duly authorized representatives of the Department of Agriculture, as he may find to be neces-sary to the proper application of the official cotton standards of the Reuse of money from sales, etc.United States. Any moneys received from or in connection with the sale of cotton purchased for the preparation of such copies and condemned as unsuitable for such use or with the sale of such copies may be expended for the purchase of other cotton for such use. Sec. 7. Inspection and sam-pling of cotton in shipments. That in order to carry out the provisions of this Act, the Secretary of Agriculture is authorized to cause the inspection, including the sampling, of any cotton involved in any transaction or shipment in commerce, wherever such cotton may be found, or of any *Ante*, p, 1517cotton with respect to which a determination of the true classifica-tion is requested under section 4 of this Act. 1519 Sec. 8. That it shall be unlawful for any person
(a)with intent Unlawful acts designated.to deceive or defraud, to make, receive, use, or have in his possession any simulate or counterfeit practical form or copy of any standard or part thereof established under this Act; or
(b)without the written authority of the Secretary of Agriculture, to make, alter, tamper with, or in any respect change any practical form or copy of any standard established under this Act; or
(c)to display or use any such practical form or copy after the Secretary of Agriculture shall have caused it to be condemned. Sec. 9. That
(a)any person who shall knowingly violate any Punishment for violations.Counterfeit certificates, etc.provision of sections 2 or 8 of this Act, or
(b)any person licensed under this Act who, for the purposes of or in connection with any transaction or shipment in commerce, shall knowingly classify cotton improperly, or shall knowingly falsify or forge any certificate of classification, or shall accept money or other consideration, either directly or indirectly, for any neglect or improper performance of duty as such licensee, or
(c)any person who shall knowingly influence Improper influencing classifier.improperly or attempt to influence improperly any person licensed under this Act in the performance of his duties as such licensee relating to any transaction or shipment in commerce, or
(d)any person who shall forcibly assault, resist, impede, or interfere Forcible resistance of official, etc.with or influence improperly or attempt to influence improperly any person employed under this Act in the performance of his duties, shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined not exceeding Penalty.$1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. Sec. 10. That for the purposes of this Act the Secretary of Agriculture Investigations, regulations,etc., to be made.shall cause to be promulgated such regulations, may cause such investigations, tests, demonstrations, and publications to be made, including the investigation and determination of some practical method whereby repeated and unnecessary sampling and classi-fication of cotton may be avoided, and may cooperate with any Cooperation with Federal or State agencies, etc.department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person, as he shall find to be necessary.Meaning of words used.“Person.” Sec. 11. That wherever used in this Act,
(a)the word “person” imports the plural or the singular, as the case demands, and includes an individual, a partnership, a corporation, or two or more persons having a joint or common interest;
(b)the word “commerce” means “Commerce.”commerce between any State or the District of Columbia and any place outside thereof, or between points within the same State or the District of Columbia but through any place outside thereof, or within the District of Columbia; and
(c)the word “cotton” means “Cotton.”cotton of any variety produced within the continental United States, including linters. When construing and enforcing the provisions of Principals liable for acts of agents, etc.this Act, the act, omission, or failure of any agent, officer, or other person acting for or employed by any person, within the scope of his employment or office, shall in every case be deemed also the act, omission, or failure of such person as well as that of such agent, officer, or other person. Sec. 12. That there are hereby authorized to be appropriated out Amount authorized for expenses of Act.of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for carrying out the provisions of this Act; and the Secretary of Agriculture is authorized, within the Employees, office expenses, etc.limits of such appropriations, to appoint, remove, and fix the compensations of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, telegrams, telephones, law books, books of reference. periodicals, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be necessary to the administration of this Act in the District of Columbia and elsewhere. 1520 Sec. 13. Invalidity of any provision not to affect remainder of Act. That if any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. Sec. 14. Effective August 1, 1923. That this Act shall become effective on and after August 1, 1923. Approved, March 4, 1923.