time and place specified in the findings. (Aug. 11, 1916, c. 313, § 6, 39 Stat. 484.) Historical Note See historical note to section 71, ante, of this title. 879. License to inspect and grade; State inspectors. The Secretary of Agriculture may issue a license to any person, upon presentation to him of satisfactory evidence that such person is competent, to inspect and grade grain and to certificate the grade thereof for shipment or delivery for shipment in interstate or foreign commerce, under this chapter and the rules and regulations prescribed thereunder. No person authorized or employed by any State, county, city, town, board of trade, chamber of commerce, corporation, society, partnership, or association to inspect or grade grain shall certify, or otherwise state or indicate in writing, that any grain for shipment or delivery for shipment in interstate or foreign commerce, which has been inspected or graded by him, or by any person acting under his authority, is of one of the grades of the official grain standards of the United States, unless he holds an unsuspended and unrevoked license issued by the Secretary of Agriculture: Provided, That in any State which has, or which may hereafter have a State grain inspection department established by the laws of such State, the Secretary of Agriculture shall issue licenses to the persons duly authorized and employed to inspect and grade grain under the laws of such State. (Aug. 11, 1916, c. 313, § 7, 39 Stat. 484.) Historical Note This section was derived from section 7 of Part B of the Act of Aug. 11, 1916, c. 313, cited above. Further provisions of said section 7 are incorporated in sections 80 to 83, post, of this title. See historical note to section 71, ante, of this title. Notes of Decisions 1. State laws.-This section makes manifest the purpose of Congress not to supersede state laws for the inspection and weighing of grain, but to co-operate with state officials charged with the enforcement of such state laws. Merchants' Exch. v. Missouri (1919) 248 U. S. 365, 39 S. Ct. 114, 63 L. Ed. 300, affirming State ex inf. Barker v. Merchants' Exch. of St. Louis (1916) 269 Mo. 346, 190 S. W. 903, Cited without specific application.-Farmers' Grain Co. of Embden v Langer (C. C. A. N. D. 1921) 273 F. 635, motion to vacate stay and supersedeas granted (1921) 42 S. Ct. 95, affirmed Lemke v. Farmers' Grain Co. of Embden, N. D. (1922) 258 U. S. 50, 42 S. Ct. 244, 66 L. Ed. 458. § 80. Revocation and suspension of license. The Secretary of Agriculture may suspend or revoke any license issued by him under this chapter whenever, after opportunity for hearing has been given to the licensee, the Secretary shall determine that such licensee is incompetent or has knowingly or carelessly graded grain improperly or by any other standard than is authorized under this chapter, or has issued any false certificate of grade, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has violated any provision of this chapter or of the rules and regulations made thereunder. Pending investigation the Secretary of Agriculture, whenever he deems necessary, may suspend a license temporarily without hearing. (Aug. 11, 1916, c. 313, § 7, 39 Stat. 484.) Historical Note See historical note under sections 71 and 79, ante, of this title. § 81. Disqualification to act as inspector or departmental agent. No person licensed by the Secretary of Agriculture to inspect or grade grain or employed by him in carrying out any of the provisions of this chapter shall, during the term of such license or employment, be interested, financially or otherwise, directly or indirectly, in any grain elevator or warehouse, or in the merchandising of grain, nor shall he be in the employment of any person or corporation owning or operating any grain elevator or warehouse. (Aug. 11, 1916, c. 313, § 7, 39 Stat. 484.) Historical Note See historical note under sections 71 and 79, ante, of this title. § 82. Records and reports by inspectors. The Secretary of Agriculture shall require every inspector licensed under this chapter to keep complete and correct records of all grain graded and inspected by him and to make reports to the Secretary of Agriculture, in such forms and at such times as he may require, showing the place of inspection, the date of inspection, the name of the elevator or warehouse, if any, to which the grain was delivered or from which it was shipped, the kind of grain, the quantity of each kind, the grade thereof, and such other information as the Secretary of Agriculture may deem necessary. (Aug. 11, 1916, c. 313, § 7, 39 Stat. 484.) Historical Note See historical note under sections 71 and 79, ante, of this title. § 83. Semiannual reports by Secretary. The Secretary of Agriculture, on each first Tuesday in January and each first Tuesday in July of each year shall make publication of a summary of such facts as are ascertained, showing in as great detail as possible all the facts, including a summary as to the amount and grade of grain delivered to any elevator or warehouse and the amount and grade of grain delivered from such elevator or warehouse, and the estimated amount received on sample or type by such elevator or warehouse, and the estimated amount delivered therefrom on sample or type. (Aug. 11, 1916, c. 313, § 7, 39 Stat. 484.) Historical Note See historical note under sections 71 and 79, ante, of this title. § 84. Adoption by Secretary of rules and regulations generally. The Secretary of Agriculture shall, from time to time, make such rules and regulations as he may deem necessary for the efficient execution of the provisions of this chapter. (Aug. 11, 1916, c. 313, § 8, 39 Stat. 485.) § 85. Violations generally; punishment. Any person who shall knowingly violate any of the provisions of sections 76 or 79 to 83, inclusive, of this chapter, or any inspector licensed under this chapter who shall knowingly inspect or grade improperly any grain which has been shipped or delivered for shipment in interstate or foreign commerce, or shall knowingly give any false certificate of grade, or shall accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty, and any person who shall improperly influence or attempt to improperly influence any such inspector in the performance of his duty, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $1,000, or be imprisoned not more than one year, or both. (Aug. 11, 1916, c. 313, § 9, 39 Stat. 485.) Historical Note See historical note under section 71, ante, of this title. § 86. Interference with execution of official duties; punishment. Every person who forcibly assaults, resists, impedes, or interferes with any officer or employee of the United States Department of Agriculture in the execution of any duties authorized to be performed by this chapter or the rules and regulations made thereunder shall, upon conviction thereof, be fined not more than $1,000, or be imprisoned not more than one year, or both. (Aug. 11, 1916, c. 313, § 10, 39 Stat. 485.) Historical Note See historical note under section 71, ante, of this title. § 87. Effect of partial invalidity of chapter. If any clause, sentence, paragraph, or part of this chapter shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Aug. 11, 1916, c. 313, § 11, 39 Stat. 485.) Section 91. Short title of chapter. For convenience of reference, this chapter may be designated and cited as "The Naval Stores Act." (Mar. 3, 1923, c. 217, § 1, 42 Stat. 1435.) Historical Note This section is section 1 of an act entitled "An act establishing standard grades of naval stores, preventing deception in transactions in naval stores, regulating traffic therein, and for other purposes," cited above. Sections 2-9 of said act are incorporated similarly in this chapter. Section 10 of said act provided that the original act should become effective 90 days next after date of approval. This section has been omitted from the Code. § 92. Definitions. When used in this chapter (a) "Naval stores" means spirits of turpentine and rosin. (b) "Spirits of turpentine" includes gum spirits of turpentine and wood turpentine. (c) "Gum spirits of turpentine" means spirits of turpentine made from gum (oleoresin) from a living tree. (d) "Wood turpentine" includes steam distilled wood turpentine and destructively distilled wood turpentine. (e) "Steam distilled wood turpentine" means wood turpentine distilled with steam from the oleoresin within or extracted from the wood. (f) "Destructively distilled wood turpentine" means wood turpentine obtained in the destructive distillation of the wood. (g) "Rosin" includes gum rosin and wood rosin. (h) "Gum rosin" means rosin remaining after the distillation of gum spirits of turpentine. (i) "Wood rosin" means rosin remaining after the distillation of steam distilled wood turpentine. (j) "Package" means any container of naval stores, and includes barrel, tank, tank car, or other receptacle. (k) "Person" includes partnerships, associations, and corporations, as well as individuals. (1) The term "commerce" means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession or the District of Columbia. (Mar. 3, 1923, c. 217, § 2, 42 Stat. 1435.) Historical Note See historical note to § 91, ante, of this title. § 93. Establishment of official naval stores standards. For the purposes of this chapter the kinds of spirits of turpentine defined in subdivisions (c), (e), and (f) of section 92 hereof and the rosin types, prepared, prior to March 3, 1923, and recommended under existing laws, by or under authority of the Secretary of Agriculture, are hereby made the standards for naval stores until otherwise prescribed as hereinafter provided. The Secretary of Agriculture is authorized to establish and promulgate standards for naval stores for which no standards are herein provided, after at least three months' notice of the proposed standard shall have been given to the trade, so far as practicable, and due hearings or reasonable opportunities to be heard shall have been afforded those favoring or opposing the same. No such standard shall become effective until after three months from the date of the promulgation thereof. Any standard made by this chapter or established and promulgated by the Secretary of Agriculture in accordance therewith may be modified by said Secretary whenever, for reasons and causes deemed by him sufficient, the interests of the trade shall so require, after at least six months' notice of the proposed modifications shall have been given to the trade, so far as practicable, and due hearings or reasonable opportunities to be heard shall have been afforded those favoring or opposing the same; and no such modification so made shall become effective until after six months from the date when made. |