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(1) By destruction.
(2) By sale. The proceeds of the sale, less legal costs and charges, shall be paid into the Treasury as miscellaneous receipts. Such substance shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction, and the court may require the purchaser at any such sale to label such substance in compliance with law before the delivery thereof.
(3) By delivery to the owner thereof upon the payment of legal costs and charges and execution and delivery of a good and sufficient bond to the effect that such substance will not be sold or otherwise disposed of in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction.
(c) Proceedings in such libel cases shall conform, as nearly as may be, to suits in rem in admiralty, except that either party may demand trial by jury on any issue of fact if the value in controversy exceeds $20. In case of a jury trial the verdict of the jury shall have the same effect as a finding of the court upon the facts. All such proceedings shall be at the suit and in the name of the United States. (Mar. 4, 1927, sec. 4, 44 Stat. 1408; 15 U. S. C., sec. 404.)
686. Exclusion of misbranded imports. (a) Whenever in the case of any dangerous caustic or corrosive substance being offered for importation the Secretary of Agriculture has reason to believe that such substance is being shipped in interstate or foreign commerce in violation of section 3 [15 U. S. C., sec. 403], he shall give due notice and opportunity for hearing thereon to the owner or consignee and certify such fact to the Secretary of the Treasury, who shall thereupon (1) refuse admission and delivery to the consignee of such substance, or (2) deliver such substance to the consignee pending examination, hearing, and decision in the matter, on the execution of a penal bond to the amount of the full invoice value of such substance, together with the duty thereon, if any, and to the effect that on refusal to return such substance for any cause to the Secretary of the Treasury when demanded, for the purpose of excluding it from the country or for any other purpose, the consignee shall forfeit the full amount of the bond.
(b) If, after proceeding in accordance with subdivision (a), the Secretary of Agriculture is satisfied that such substance being offered for importation was shipped in interstate or foreign commerce in violation of any provision of this Act, he shall certify the fact to the Secretary of the Treasury, who shall thereupon notify the owner or consignee and cause the sale or other disposition of such substance refused admission and delivery or entered under bond, unless it is exported by the owner or consignee or labeled by him so as to conform to the law within three months from the date of such notice, under such regulations as the Secretary of the Treasury may prescribe. All charges for storage, cartage, or labor on any such substance refused admission or delivery or entered upon bond shall be paid by the owner or consignee. In default of such payment such charges shall constitute a lien against any future importations made by such owner or consignee. (Mar. 4, 1927, sec. 5, 44 Stat. 1408; 15 U. S. C., sec. 405.)
687. Removal of labels.-No person shall alter, mutilate, destroy, obliterate, or remove any label or sticker required by this Act to
be placed on any dangerous caustic or corrosive substance, if such substance is being
(a) Shipped in interstate or foreign commerce; or
(b) Held for sale or exchange after having been so shipped; or (c) Held for sale or exchange in any Territory or possession or by the District of Columbia. (Mar. 4, 1927, sec. 6, 44 Stat. 1409; 15 U. S. C., sec. 406.)
688. Penalties. Any person violating any provision of section 3 or 6 [15 U. S. C., secs. 403, 406] shall upon conviction thereof be punished by a fine of not more than $200 or imprisonment for not more than ninety days, or by both. (Mar. 4, 1927, sec. 7, 44 Stat., 1409; 15 U. S. C., sec. 407.)
689. Institution of libel for condemnation and criminal proceedings.— It shall be the duty of each United States district attorney to whom the Secretary of Agriculture shall report any violation of section 3 or 6 of this Act [15 U. S. C., secs. 403, 406] or to whom any health, medical, or drug officer or agent of any State, Territory, or possession, or of the District of Columbia presents satisfactory evidence of any such violation to cause libel for condemnation and criminal proceedings under sections 4 and 7 [15 U. S. C., secs. 404, 407] to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the condemnation and penalties provided in such sections. (Mar. 4, 1927, sec. 8, 44 Stat. 1409; 15 U. S. C., sec. 408.)
690. Enforcement of act.-(a) Except as otherwise specifically provided in this Act, the Secretary of Agriculture shall enforce its provisions.
(b) For enforcing the provisions of sections 4, 5, and 7 [15 U. S. C,. secs. 404, 405, 407], the Secretary of Agriculture may cause investigations, inspections, analyses, and tests to be made and samples to be collected, of any dangerous caustic or corrosive substance. The Department of Agriculture shall pay to the person entitled, upon his request, the reasonable market value of any such sample taken. If it appears from the inspection, analysis, or test of any dangerous caustic or corrosive substance that such substance is in a misbranded package, parcel, or container suitable for household use, the Secretary of Agriculture shall cause notice thereof to be given to any person who may be liable for any violation of section 3 or 6 [15 U. S. C., secs. 403, 406] in respect of such substance. Any person so notified shall be given an opportunity to be heard under regulations prescribed by the Secretary of Agriculture. If it appears that such person has violated the provisions of section 3 or 6 [15 U. S. C., secs. 403, 406] the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the inspection, analysis, or test duly authenticated under oath by the person making such inspection, analysis, or test. (c) For the enforcement of his functions under this Act the Secretary of Agriculture is authorized
(1) To prescribe and promulgate such regulations as may be
(2) To cooperate with any department or agency of the Government, with any State, Territory, or possession, or with the District of Columbia, or with any department, agency, or political subdivision thereof, or with any person.
(3) Subject to the civil service laws to appoint and, in accordance with the Classification Act of 1923, to fix the salaries of such officers and employees as may be required for the execution of the functions of the Secretary of Agriculture under this Act and as may be provided for by the Congress from time to time.
(4) To make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, and for law books, books of reference, and periodicals) as may be required for the execution of the functions vested in the Secretary of Agriculture by this Act and as may be provided for by the Congress from time to time.
(5) To give notice, by publication in such manner as the Secretary of Agriculture may by regulation prescribe, of the judgment of the court in any case under the provisions of this Act. (Mar 4, 1927, sec. 9, 44 Stat. 1409; 15 U. S. C., sec. 409.)
691. Separability clause.-If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby. (Mar. 4, 1927, sec. 10, 44 Stat. 1409; 15 U. S. C., sec. 410.)
692. Time of taking effect.-This Act shall take effect upon its passage; but no penalty or condemnation shall be enforced for any violation of the Act occurring within six months after its passage. (Mar. 4, 1927, sec. 11, 44 Stat. 1410.)
693. Application to existing law. The provisions of this Act shall be held to be in addition to and not in substitution for the provisions of the following Acts:
(a) The Food and Drugs Act, approved June 30, 1906, as amended. [21 U. S. C., secs. 1-15].
(b) The Insecticide Act of 1910, as amended [7 U. S. C., ch. 6]. (c) The Act entitled "An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes," approved May 7, 1906, as amended. (Mar. 4, 1927, sec. 12, 44 Stat. 1410; 15 U. S. C., sec. 411.
694. Textile Foundation; creation; directors; principal office; agencies. That the Secretary of Commerce, the Secretary of Agriculture, and three directors first appointed as provided in section 2 [15 U. S. C,. sec. 502] and their successors, are hereby created a body corporate of the District of Columbia by the name of the "Textile Foundation" (hereinafter referred to as the corporation). The incorporation shall be held effected upon the date of the first meeting of the board of directors. The corporation shall maintain its principal office in the District of Columbia and may establish such agencies or branch offices at such places as it deems advisable. (June 10, 1930, sec. 1, 46 Stat. 539; 15 U. S. C., sec. 501.)
695. Board of directors; appointment; term; vacancies; quorum; compensation; powers.-(a) The board of directors of the corporation (hereinafter referred to as the board) shall be constituted as follows: (1) The Secretary of Commerce;
(2) The Secretary of Agriculture; and
(3) Three individuals familiar with the textile industry or its allied branches, including that of production of raw materials, and their successors, to be appointed by the President, one for a term of two years, one for a term of three years, and one for a term of four years, from the date the incorporation is effected.
(b) Each successor shall be appointed for a term of four years from the date of the expiration of the term of the member whom he succeeds, except that any successor appointed to fill a vacancy occurring prior to the expiration of the term shall be appointed only for the unexpired term of the member whom he succeeds. A vacancy in the office of a director shall not impair the power of the remaining directors to execute the functions of the board. A majority of the directors shall constitute a quorum for the transaction of the business of the board.
(c) The members of the board shall serve without compensation for their services as such members, but they shall be reimbursed from the corporation for actual expenses incurred by them while in the performance of the functions vested in the board by this Act.
(d) Any officer or employee of the United States, or of any corporation acting as a governmental agent of the United States, may, in addition to his present office, hold the office of director of the Textile Foundation without regard to any provision of law prohibiting the holding of more than one office.
(e) The board at its first meeting and at each annual meeting thereafter shall elect a chairman.
(f) The board shall direct the exercise of all the powers of the corporation. (June 10, 1930, sec. 2, 46 Stat. 539; 15 U. S. C., sec. 502.)
696. Purpose. (a) The purposes of the corporation shall be to administer and expend its funds and other property for scientific and economic research for the benefit and development of the textile industry, its allied branches, and including that of production of raw materials.
(b) The Textile Alliance, Incorporated, is hereby authorized to pay to the corporation the amounts payable in accordance with the arrangement between the Textile Alliance, Incorporated, and the Department of State, in lieu of paying such amounts into the United States Treasury; except that any amounts payable in accordance. with such arrangement, and paid into the United States Treasury before the enactment of this Act, are authorized to be appropriated to the credit of the corporation. Upon the receipt by the corporation of such amounts the liability of the Textile Alliance, Incorporated, under such arrangement shall be extinguished. (June 10, 1930, sec. 3, 46 Stat. 539; 15 U. S. C., sec. 503.)
697. Powers of corporation.-The corporation
(a) Shall have perpetual possession;
(b) May sue and be sued;
(e) May adopt a corporate seal and alter it at pleasure;
(d) May adopt and alter by-laws;
(e) May appoint officers and agents;
(f) May acquire by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of, such real and personal property as may be necessary or appropriate for its corporate purposes;
(g) May invest and reinvest the principal and interest of its funds; and
(h) Generally, may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created. (June 10, 1930, sec. 4, 46 Stat. 540; 15 U. S. C., sec. 504.)
698. Report to Congress.-The corporation shall, on or before the 1st day of December in each year, transmit to Congress and to the President a report of its proceedings and activities for the preceding calendar year, including a detailed statement of its receipts and expenditures. Such reports shall not be printed as public documents. (June 10, 1930, sec. 5, 46 Stat. 540; 15 U. S. C., sec. 505.)
699. Amendment and repeal.-The right to alter, amend, or repeal this Act is hereby expressly reserved. (June 10, 1930, sec. 6, 46 Stat. 540; 15 U. S. C., sec. 506.)
NATIONAL BITUMINOUS COAL COMMISSION
700. Bituminous coal code.-The provisions of this section shall be formulated by the Commission into a working agreement, to be known as the "Bituminous Coal Code ", and herein referred to as the "Code." Producers accepting and operating under its provisions are herein referred to as 66 Code members."
For the purpose of carrying out the declared policy of this Act, the code shall contain the following conditions, provisions, and obligations which will tend to regulate interstate commerce in bituminous coal and transactions directly affecting interstate commerce in bituminous coal:
PART I-ORGANIZATION AND PRODUCTION
(a) Twenty-three district boards of coal producers shall be organized. Each district board shall consist of not less than three nor more than seventeen members. The number of members of the district board shall, subject to the approval of the Commission, be determined by the majority vote of the district tonnage during the calendar year 1934 represented at a meeting of the producers of the district called for the purpose of such determination and for the election of such district board; and all known producers within the district shall be given notice of the time and place of the meeting. All but one of the members of the district board shall be producers or representatives of producers truly representative of all the mines of the district. The number of such producer members shall be an even number. One-half of such producer members shall be elected by the majority in number of the producers of the district represented at the aforesaid meeting. The other producer members shall be elected by votes cast in the proportion of the annual tonnage output for the preceding calendar year of the producers in the district, with the right on the part of the producers to vote their tonnage cumulatively: Provided, That not more than one officer or employee of any producer within a district shall be a member of the district board at the same time. The remaining member of each district board shall be selected by the organization of employees representing the preponderant number of employees in the industry of the district in question. The term of district board members shall be two years and until their successors are elected.