§ 511d. Designation of markets; manner; inspection and related services; fees and charges

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.

1. 1935

   Pub. L. 74–623 § 5 · 49 Stat. 731

   Enacted · 7 U.S.C. § 511d

   Aug. 23, 1935, ch. 623, § 5, 49 Stat. 732

   Source evidence

   Code source credit
   Aug. 23, 1935, ch. 623, § 5, 49 Stat. 732

   Enacted provision · exact public law section
   Sec. 5. That 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. Referendum of sellers. 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 Determination of eligibility to vote. 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 Inspection and certification of tobacco prior to sale. 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 Temporary emergency waiver allowed. the standards established under this Act, 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 Proviso. Inability to provide inspection. 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 No inspection fee to be charged. may be served with the facilities available to him. No fee or charge shall be imposed or collected for inspection or certification under this Right to prevent transactions. section at any designated auction market. Nothing contained in this Act shall be construed to prevent transactions in tobacco at markets not designated by the Secretary or at designated markets where the Secretary has suspended the requirement of inspection or to authorize the Secretary to close any market.

2. 1981

   Pub. L. 97–35 title I § 157(a)(1) · 95 Stat. 357

   Substituted · 7 U.S.C. § 511d

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in section 5 (7 U.S.C. 511d), striking out the last two sentences and inserting in lieu thereof the following: “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, 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 Act. Such fees and charges 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 6 of this Act or any other provision of law. In accordance with the Federal Advisory Committee Act, the Secretary shall establish a 5 USC app. 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.”; and

   Effective date note
   Pub. L. 97–35, title I, § 157(b), Aug. 13, 1981, 95 Stat. 375, provided that: “The provisions of this section [amending this section and section 511e of this title] shall become effective October 1, 1981.”

3. 1986

   Consolidated Omnibus Budget Reconciliation Act of 1985

   Pub. L. 99–272 title I § 1111 · 100 Stat. 82

   1. Inserted · 7 U.S.C. § 511d

      Pub. L. 99–272 inserted “late payment penalties, and interest earned from the investment of such funds,” in ninth sentence

   2. Substituted · 7 U.S.C. § 511d

      Pub. L. 99–272 substituted “The fees and charges authorized in this section shall be assessed” for “Such fees and charges shall be assessed”

   3. Inserted · 7 U.S.C. § 511d

      Pub. L. 99–272 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 1111. INVESTMENT OF TOBACCO INSPECTION FEES. Section 5 of the Tobacco Inspection Act (7 U.S.C. 511d) is amended— (1) by inserting “late payment penalties, and interest earned from the investment of such funds,” after “The fees and charges,” in the ninth sentence; (2) by inserting after the ninth sentence the following new sentences: “Any funds realized from the collection of fees or 7 USC 511e. charges authorized under this section and section 6 and credited to the current appropriation account incurring the cost of services provided under this section and section 6, 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 Act or reinvested in the manner authorized in the preceding sentence.”; and (3) by striking out “Such fees and charges” in the tenth sentence (as it existed before the amendment made by clause (2)) and inserting in lieu thereof “The fees and charges authorized in this section”,

4. 2022

   Pub. L. 117–286 § 4(a)(24) · 136 Stat. 4196

   Substituted · 7 U.S.C. § 511d

   Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”

   Source evidence

   Code amendment note
   Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”.

   Enacted provision · exact public law section
   (24) Section 5 of the Act of August 23, 1935 (7 U.S.C. 511d) is amended by striking “the Federal Advisory Committee Act,” and inserting “chapter 10 of title 5, United States Code,”.

6 of 6 references resolved to an enrolled provision