Title 7 — Agriculture
Chapter 20A — Perishable Agricultural Commodities
§ 499n. Inspection of perishable agricultural commodities
Statutory text
Employment of inspectors; fees and expenses; inspection certificate as evidence
The Secretary is authorized, independently and in cooperation with other branches of the Government, State, or municipal agencies and/or any person, whether operating in one or more jurisdictions, to employ and/or license inspectors to inspect and certify, without regard to the filing of a complaint under this chapter, to any interested person the class, quality, and/or condition of any lot of any perishable agricultural commodity when offered for interstate or foreign shipment or when received at places where the Secretary shall find it practicable to provide such service, under such rules and regulations as he may prescribe, including the payment of such fees and expenses as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That fees for inspections made by a licensed inspector, less the percentage thereof which he is allowed by the terms of his contract of employment with the Secretary as compensation for his services, shall be deposited into the Treasury of the United States as miscellaneous receipts; and fees for inspections made by an inspector acting under a cooperative agreement with a State, municipality, or other person shall be disposed of in accordance with the terms of such agreement: Provided further, That expenses for travel and subsistence incurred by inspectors shall be paid by the applicant for inspection to the United States Department of Agriculture to be credited to the appropriation for carrying out the purposes of this chapter: And provided further, That official inspection certificates for fresh fruits and vegetables issued by the Secretary of Agriculture pursuant to any law shall be received by all officers and all courts of the United States, in all proceedings under this chapter, and in all transactions upon contract markets under Commodities Exchange Act (7 U.S.C. 1 et seq.), as prima-facie evidence of the truth of the statements therein contained.
Issuance of fraudulent certificates; penalties
Whoever shall falsely make, issue, alter, forge, or counterfeit, or cause or procure to be falsely made, issued, altered, forged, or counterfeited, or willingly aid, cause, procure or assist in, or be a party to the false making, issuing, altering, forging, or counterfeiting of any certificate of inspection issued under authority of this chapter, sections 491, 493 to 497 of this title, or any Act making appropriations for the Department of Agriculture; or shall utter or publish as true or cause to be uttered or published as true any such false, forged, altered, or counterfeited certificate, for a fraudulent purpose, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 or by imprisonment for a period of not more than one year, or both, at the discretion of the court.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 71–436 § 14 · 46 Stat. 531
Enacted · 7 U.S.C. § 499n
June 10, 1930, ch. 436, § 14, 46 Stat. 537
Source evidence
Code source credit
June 10, 1930, ch. 436, § 14, 46 Stat. 537Enacted provision · exact public law section
Sec. 14. The Secretary is hereby authorized, independently and Authority to employ inspectors to certify condition of commodities received for shipment without regard to complaint. Ante, p. 418. in cooperation with other branches of the Government, State, or municipal agencies, and/or any person, whether operating in one or more jurisdictions, to employ and/or license inspectors to inspect and certify, without regard to the filing of a complaint under this Act, to any interested person the class, quality, and/or condition of any Post, p. 1268. lot of any perishable agricultural commodity when offered for interstate or foreign shipment or when received at places where the Secretary shall find it practicable to provide such service, under such rules and regulations as he may prescribe, including the payment of Fees and expenses for service. Provisos. Disposition of fees, collected by licensed inspector. such fees and expenses as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That fees for inspections made by a licensed inspector, less the percentage thereof which he is allowed by the terms of his contract of employment with the Secretary as compensation for his services, shall be deposited into the Treasury of the United States as miscellaneous receipts; By other inspectors. and fees for inspections made by an inspector acting under a cooperative agreement with a State, municipality, or other person shall be disposed of in accordance with the terms of such agreement: Provided Travel, etc., expenses of inspectors, to be paid by applicant for inspection. further, That expenses for travel and subsistence incurred by inspectors shall be paid by the applicant for inspection to the disbursing clerk of the United States Department of Agriculture to be credited to the appropriation for carrying out the purposes of this Act: And provided further, That certificates issued by such inspectors Legal effect of certificate. shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained.Pub. L. 102–237 title X § 1011(7) · 105 Stat. 1818
Substituted · 7 U.S.C. § 499n(a)
Pub. L. 102–237 substituted “(7 U.S.C. 1 et seq.)” for “(7 U.S.C., Supp. 2, secs. 1 to 17(a))” and a period for semicolon at end
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–237 substituted “(7 U.S.C. 1 et seq.)” for “(7 U.S.C., Supp. 2, secs. 1 to 17(a))” and a period for semicolon at end.Enacted provision · exact public law section
SEC. 1011. PERISHABLE AGRICULTURAL COMMODITIES. The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a et seq.), is amended— (1) in the first section (7 U.S.C. 499a)— (A) by striking out “That when used in this Act—” and inserting the following:
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
The Commodities Exchange Act, referred to in subsec. (a), probably means act Sept. 21, 1922, ch. 369, 42 Stat. 998, known as the Commodity Exchange Act, which is classified generally to chapter 1 (§ 1 et seq.) of this title. For complete classification of this Act to the Code, see section 1 of this title and Tables.
Codification
Section was formerly classified to section 564 of this title.
Amendments1934–1991 · 3 rounds
1991
Subsec. (a). Pub. L. 102–237 substituted “(7 U.S.C. 1 et seq.)” for “(7 U.S.C., Supp. 2, secs. 1 to 17(a))” and a period for semicolon at end.
1937
Act , designated existing provisions as subsec. (a) and, among other changes inserted “That official inspection certificates for fresh fruits and vegetables issued by the Secretary of Agriculture pursuant to any law shall be received by all officers and all courts of the United States, in all proceedings under this chapter, and in all transactions upon contract markets under Commodities Exchange Act” before “as prima facie” in third proviso, and added subsec. (b).
1934
Act , inserted “and in all proceedings under this chapter” after “United States” in third proviso.
Statutory Notes and Related Subsidiaries
Potato Inspection
Pub. L. 99–198, title XVII, § 1704, , 99 Stat. 1635, as amended by Pub. L. 104–66, title I, § 1011(g), , 109 Stat. 710, provided that: “The Secretary of Agriculture shall perform random spot checks of potatoes entering through ports of entry in the northeastern United States.”
Credits
1930–1991 · 4 acts
- 1930June 10, 1930, ch. 436, § 14, 46 Stat. 537
- 1934Apr. 13, 1934, ch. 120, § 15, 48 Stat. 588
- 1937Aug. 20, 1937, ch. 719, § 12, 50 Stat. 730
- 1991Pub. L. 102–237, title X, § 1011(7), , 105 Stat. 1898.
Show as published
(June 10, 1930, ch. 436, § 14, 46 Stat. 537; Apr. 13, 1934, ch. 120, § 15, 48 Stat. 588; Aug. 20, 1937, ch. 719, § 12, 50 Stat. 730; Pub. L. 102–237, title X, § 1011(7), , 105 Stat. 1898.)