wooden, tin-plate, or paper packages not before used for that purpose, containing, or encased in a manufacturer's package made from any of such materials of, not less than ten pounds, and marked, stamped, and branded as the Secretary or his delegate shall prescribe, and all sales made by manufacturers of adulterated butter shall be in original, stamped packages. Every manufacturer

of adulterated butter shall securely affix, by pasting, on each package containing adulterated butter manufactured by him a label on which shall be printed, besides the number of the manufactory and the district and State in which it is situated, these words: "Notice.-The manufacturer of the adulterated butter herein contained has complied with all the requirements of law. Every person is cautioned not to use either this package again or the stamp thereon, nor to remove the contents of this package without destroying said stamp, under the penalty provided by law in such cases."

(2) Process or renovated butter.

For marking process or renovated butter, see section 4817.

(b) Factory number and signs.

Every manufacturer of process or renovated butter or adulterated butter shall put up such signs and affix such number to his factory as the Secretary or his delegate may by regulation require.

(c) Bonds.

Every manufacturer of process or renovated butter or adulterated butter shall file with the official in charge of the internal revenue district in which his manufactory is located such bonds as the Secretary or his delegate may by regulation require. The bond required of such manufacturer shall be in a penal sum of not less than $500; and the sum of said bond may be increased from time to time and additional sureties required at the discretion of the Secretary or his delegate. (Aug. 16, 1954, ch. 736, 68A Stat. 572.)

CROSS REFERENCES

Offenses relating to adulterated butter operations, see section 7265 of this title.

Other provisions for bonds, see section 7103 of this title. Stamps, see section 4813 of this title.

§ 4815. Requirements applicable to dealers. (a) Selling requirements.

Dealers in adulterated butter must sell only original or from original stamped packages, and when such original stamped packages are broken the adulterated butter sold from same shall be placed in suitable wooden, tin-plate, or paper packages, which shall be marked and branded as the Secretary or his delegate shall prescribe.

(b) Books of wholesale dealers.

Books required by section 6001 to be kept by wholesale dealers in process, renovated, or adulterated butter shall be open at all times to the inspection of any officer or employee designated by the Secretary or his delegate. (Aug. 16, 1954, ch. 736, 68A Stat. 573.)

CROSS REFERENCES

Inspection of books, papers, records, or other data, see section 7607 of this title.

Stamps, see section 4813 of this title.

Violation of laws relating to adulterated butter and process or renovated butter, see section 7235 of this title.

§ 4816. Exportation of adulterated butter.

Adulterated butter may be removed from the place of manufacture for export to a foreign country without payment of tax or affixing stamps thereto, under such regulations and the filing of such bonds and other security as the Secretary or his delegate may prescribe. Every person who shall export adulterated butter shall brand upon every tub, firkin, or other package containing such article the words "Adulterated Butter", in plain Roman letters not less than one-half inch square. (Aug. 16, 1954, ch. 736, 68A Stat. 573.)

CROSS REFERENCES

Importation of adulterated butter, see section 4812 of this title.

Stamps, see section 4813 of this title.

§ 4817. Inspection of process or renovated butter. For the purpose of protecting interstate and foreign commerce from process or renovated butter which is unclean, unwholesome, unhealthful, or otherwise unfit for human food

(1) Ingredients.

The Secretary of Agriculture shall, through inspectors appointed by him, cause inspections to be made of all milk, butter, butter oil, and other ingredients intended for use in the manufacture of process or renovated butter. All ingredients which are found to be putrid or decomposed or which contain organic or inorganic substances which are foreign to such ingredients when properly made, manufactured, produced, collected, stored, transported, or handled, and which organic or inorganic substances cannot be removed by processing, shall be deemed unfit for use in the manufacture of process or renovated butter, shall be marked "U. S. Inspected and Condemned", and shall be denatured or destroyed under the supervision of the inspector. All other ingredients shall be marked "U. S. Inspected and Passed", and shall be deemed fit for use in the manufacture of process or renovated butter.

(2) Finished product.

The Secretary of Agriculture shall cause inspections to be made of all process or renovated butter. If such butter is found to be clean, wholesome, healthful, and otherwise fit for human food, it shall be marked "U. S. Inspected and Passed". Process or renovated butter that is found to be unclean, unwholesome, unhealthful, or otherwise unfit for human food shall be denatured or destroyed under the supervision of the inspector. (3) Factories.

The Secretary of Agriculture shall cause inspections to be made of all factories wherein process or renovated butter is manufactured to determine the sanitary conditions thereof, and if it is found that the conditions existing in any such factory do not meet the standards prescribed by the Secretary in his regulations, he shall cause inspection to be withdrawn therefrom.

(4) Compliance by manufacturer.

The Secretary of Agriculture is authorized to withdraw inspection from any factory wherein process or renovated butter is made, if the manufacturer shall fail to comply with any of the provisions of this section or with any of the rules and regulations prescribed hereunder.

(5) Rules and regulations.

The Secretary of Agriculture is authorized to make such rules and regulations as he deems necessary for the efficient administration of the provisions of this section, and all inspections hereunder shall be made in such manner as may be prescribed in such regulations. The Secretary of Agriculture may, from time to time, by regulations define the foreign substances and the extent thereof that render the ingredients unfit for use in manufacturing process or renovated butter. (6) Statistics.

The Secretary of Agriculture shall cause to be ascertained, and he shall report, from time to time, the quantity and quality of all process or renovated butter manufactured and the character and condition of the materials from which it is made.

(7) Forgery, etc., of stamps, etc.

No person, firm, or corporation shall forge, counterfeit, simulate, falsely represent, detach, or, knowingly alter, deface, or destroy, or use without proper authority any of the marks, stamps, labels, or tabs provided for in this section or in any regulations prescribed hereunder by the Secretary of Agriculture for use on process or renovated butter or on wrappers, packages, containers, or cases in which the product is contained, or any certificate in relation thereto.

(8) Labels on containers.

All process or renovated butter and the packages or containers thereof shall be marked with the words "Process Butter" and by such other marks, labels, or brands, and in such manner, as may be prescribed by the Secretary of Agriculture. (9) False or misleading labels.

No statement that is false or misleading in any particular shall be placed on or affixed to any wrapper, label, carton, or container of process or renovated butter.

(10) Unapproved product in interstate or foreign

commerce.

No person, firm, or corporation shall transport, or offer for transportation, or sell or offer for sale, in interstate or foreign commerce, or in commerce affecting commerce among the States, any process or renovated butter that has not been inspected and passed and marked, labeled, and branded in accordance with this section and the regulations issued hereunder.

(11) Administration.

The administration and enforcement of the provisions of this section, other than its provisions relating to revenue, but including the seizure and denaturing or destruction of ingredients intended to be used in the manufacture of process or renovated butter and the denaturing or destruction of

process or renovated butter, are committed exclusively to the Secretary of Agriculture: Provided, That any powers and duties of the Food and Drug Administration of the Department of Health, Education, and Welfare under the Federal Food, Drug, and Cosmetic Act, as amended (52 Stat. 1040; 21 U. S. C., chapter 9), as regards such ingredients before they come into the possession of the manufacturers of process or renovated butter, or as regards such powers and duties in connection with process or renovated butter after it leaves such manufacturers and comes into the hands of wholesale or retail dealers, or others, shall not be affected by this section. (Aug. 16, 1954, ch. 736, 68A Stat. 573.) CROSS REFERENCES

title.

Property subject to forfeiture, see section 7303 of this Violation of laws relating to adulterated butter and process or renovated butter, see section 7235 of this title. § 4818. Administrative decisions relating to adulterated butter.

The Secretary or his delegate is authorized to decide what substances, extracts, mixtures, or compounds which may be submitted for his inspection in contested cases are to be taxed as adulterated butter under this subpart; and his decision in such matters of taxation under this subpart shall be final. (Aug. 16, 1954, ch. 736, 68A Stat. 575; Sept. 2, 1958, Pub. L. 85-881, § 1(a), 72 Stat. 1704.)

"Adulterated butter" is defined to mean a grade of butter produced by mixing, reworking, rechurning in milk or cream, refining, or in any way producing a uniform, purified, or improved product from different lots or parcels of melted or unmelted butter or butter fat, in which any acid, alkali, chemical, or any substance whatever is introduced or used for the purpose or with the effect of deodorizing or removing therefrom rancidity, or any butter or butter fat with which there is mixed any substance foreign to butter as defined in subsection (a), with intent or effect of cheapening in cost the product, or any butter in the manufacture or manipulation of which any process or material is used with intent or effect of causing the absorption of abnormal quantities of water, milk, or cream.

(c) Process or renovated butter.

"Process butter" or "renovated butter" is defined to mean butter which has been subjected to any process by which it is melted, clarified, or refined and made to resemble genuine butter, always excepting "adulterated butter" as defined by subsection (b).

(d) Manufacturer.

Every person who engages in the production of process or renovated butter or adulterated butter as a business shall be considered to be a manufacturer thereof.

(e) Dealer.

Every person who sells adulterated butter shall be regarded as a dealer in adulterated butter.

(f) Retail dealer.

Every person who sells adulterated butter in less quantities than 10 pounds at one time shall be regarded as a retail dealer in adulterated butter. (Aug. 16, 1954, ch. 736, 68A Stat. 576.)

PART II.-FILLED CHEESE

Subpart

A. Tax on products.

B. Occupational tax.

C. Definitions.

Federal Food, Drug, and Cosmetic Act as not affecting, modifying, repealing, or superseding the Filled Cheese Act of June 6, 1896, see section 392 (b) of Title 21, Food and Drugs.

Property subject to forfeiture, see section 7303 of this

title.

Stamps representing tax imposed by this section, see section 4832 of this title.

§ 4832. Stamps.

(a) Method of payment.

(1) Stamps.

The taxes imposed by section 4831 shall be represented by coupon stamps.

(2) Assessment.

For assessment in case of omitted taxes, see subtitle F. (b) Emptied packages. Whenever any stamped package containing filled cheese is emptied, it shall be the duty of the person in whose hands the same is to destroy the stamps thereon.

(c) Other stamp provisions.

The provisions of law governing the engraving, issue, sale, accountability, effacement, and destruction of stamps relating to tobacco and snuff, as far as applicable, shall apply to stamps provided for by paragraph (1) of subsection (a). (Aug. 16, 1954, ch. 736, 68A Stat. 577.)

CROSS REFERENCES

Criminal penalties relating to tobacco, etc., stamps, see section 5762 of this title.

Packages of tobacco, etc., having stamps affixed thereto, see section 5723 of this title.

Requirements applicable to manufacturers and wholesale and retail dealers, see sections 4833, 4834 of this title. Restrictions relating to used stamps for tobacco, etc.. see section 5752 of this title.

Stamps to evidence tax on tobacco, etc., see section 5703 of this title.

§ 4833. Requirements applicable to manufacturers. (a) Packing requirements.

(1) Marks, stamps, and packages.

Filled cheese shall be packed by the manufacturers in wooden packages only, not before used for that purpose, and marked, stamped, and branded with the words "filled cheese" in blackfaced letters not less than two inches in length, in a circle in the center of the top and bottom of the cheese; and in black-faced letters not less than two inches in length in line from the top to the bottom of the cheese, on the side in four places equidistant from each other; and the package containing such cheese shall be marked in the same manner, and in the same number of places, and in the same description of letters as above provided for the marking of the cheese; and all sales or consignments made by manufacturers of filled cheese to wholesale dealers in filled cheese or to exporters of filled cheese shall be in original stamped packages.

(2) Label.

Every manufacturer of filled cheese shall securely affix, by pasting on each package containing filled cheese manufactured by him, a label on which shall be printed, besides the number of the manufactory and the district and State in which it is situated, these words: "NOTICE.-The manufacturer of the filled cheese herein contained has complied with all the requirements of the law. Every person is cautioned not to use either this package again or the stamp thereon again, nor to remove the contents of this package without destroying said stamp, under the penalty provided by law in such cases."

(b) Factory number and signs.

Every manufacturer of filled cheese shall put up such signs and affix such number to his factory as the Secretary or his delegate may by regulation require.

(c) Bonds.

Every manufacturer of filled cheese shall file with the official in charge of the internal revenue district in which his manufactory is located such bonds as the Secretary or his delegate may by regulation require. The bond required of such manufacturer shall be in a penal sum of not less than $5,000; and the amount of said bond may be increased from time to time, and additional sureties required, at the discretion of the Secretary or his delegate. (Aug. 16, 1954, ch. 736, 68A Stat. 577.)

CROSS REFERENCES

Offenses relating to filled cheese, see section 7266 of this title.

Other provisions for bonds, see section 7103 of this title. Stamps, see section 4832 of this title.

§ 4834. Requirements applicable to wholesale and retail dealers.

(a) Signs.

Every wholesale dealer and every retail dealer in filled cheese shall display in a conspicuous place in his salesroom a sign bearing the words "Filled cheese sold here" in black-faced letters not less than six inches in length, upon a white ground, with the 36-500 0-65-vol. 6-51

§ 4846. Definitions.

For the purposes of this part

(1) Cheese.

The word "cheese" shall be understood to mean the food product known as cheese, and made from milk or cream and without the addition of butter, or any animal, vegetable, or other oils or fats foreign to such milk or cream, with or without additional coloring matter.

(2) Filled cheese.

Certain substances and compounds shall be known and designated as "filled cheese," namely: All substances made of milk or skimmed milk, with the admixture of butter, animal oils or fats, vegetable or any other oils, or compounds foreign to such milk, and made in imitation or semblance of cheese. Substances and compounds, consisting principally of cheese with added edible oils, which are not sold as cheese or as substitutes for cheese but are primarily useful for imparting a natural cheese flavor to other foods shall not be considered "filled cheese" within the meaning of this part.

Form and validity of contracts, see section 4853 of this title.

Method of payment, see section 4871 of this title. § 4852. Definition.

For the purpose of this subchapter, the term "contract of sale" shall be held to include sales, agreements of sale, and agreements to sell. (Aug. 16, 1954, ch. 736, 68A Stat. 580.)

§ 4853. Form and validity of contracts. (a) Form.

Each contract of sale of cotton for future delivery mentioned in section 4851 (a) shall be in writing plainly stating, or evidenced by written memorandum showing, the terms of such contract, including the quantity of the cotton involved and the names and addresses of the seller and buyer in such contract, and shall be signed by the party to be charged, or by his agent in his behalf. If the contract or memorandum specify in bales the quantity of the cotton involved, without giving the weight, each bale shall, for the purpose of this subchapter, be deemed to weigh 500 pounds.

(b) Validity.

No contract of sale of cotton for future delivery mentioned in section 4851 (a), which does not conform to the requirements of subsection (a) of this section and has not the necessary stamps affixed thereto as required by section 4871, shall be enforceable in any court of the United States by, or on behalf of, any party to such contract or his privies. (Aug. 16, 1954, ch. 736, 68A Stat. 580.)

CROSS REFERENCES

Basic grade contracts, exemption of, see section 4863 of this title.

Enforceability of cotton futures contracts, see section 7492 of this title.

§ 4854. Cotton standards.

(a) Source and description.

Subject to the provisions of section 6 of the Act of March 4, 1923 (42 Stat. 1518; 7 U. S. C. 56), the Secretary of Agriculture is authorized, from time to time, to establish and promulgate standards of cotton by which its quality or value may be judged or determined, including its grade, length of staple, strength of staple, color, and such other qualities, properties, and conditions as may be standardized in practical form, which, for the purpose of this subchapter, shall be known as the "Official cotton standards of the United States": Provided, That any standard of any cotton established and promulgated under this subchapter by the Secretary of Agriculture shall not be changed or replaced within a period less than one year from and after the date of the promulgation thereof by the Secretary of Agriculture: Provided further, That no change or replacement of any standard of any cotton established and promulgated under this subchapter by the Secretary of Agriculture shall become effective until after one year's public notice thereof, which notice shall specify the date when same is to become effective.

(b) Practical forms.

(1) Preparation, certification, and distribution.

The Secretary of Agriculture is authorized and directed to prepare practical forms of the official