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to be nuisances, within the time and in the manner required in said notice or by the rules and regulations of the Secretary of Agriculture.
Eradication by Secretary of Agriculture.—Whenever such owner or person cannot be found, or shall fail, neglect, or refuse to comply with the foregoing provisions of this section, the Secretary of Agriculture is hereby authorized and required to control and eradicate and prevent dissemination of such insect pest or disease and to remove, cut, or destroy infested or infected plants and plant products and articles and substances used or connected therewith, and the United States shall have an action of debt against such owner or persons for expenses incurred by the Secretary of Agriculture in that behalf.
Inspection.—Employees of the Plant Quarantine and Control Administration are hereby authorized and required to inspect places, plants, and plant products and articles and substances used or connected therewith whenever the Secretary of Agriculture shall determine that such inspections are necessary for the purposes of this section.
Entry upon premises ; opening packages; destruction of plants, etc.-For the purpose of carrying out the provisions and requirements of this section and of the rules and regulations of the Secretary of Agriculture made hereunder, and the notices given pursuant thereto, employees of the Plant Quarantine and Control Administration shall have power with a warrant to enter into or upon any place and open any bundle, package, or other container of plants or plant products whenever they shall have cause to believe that infections or infestations of plant pests and disease exist therein or thereon, and when such infections or infestations are found to exist, after notice by the Secretary Agriculture to the owner or person in possession or control thereof and an opportunity by said owner or person to be heard, to destroy the infected and infested plants or plant products contained therein.
Search warrants.-The Police Court or the Municipal Court of the District of Columbia shall have power, upon information supported by oath or affirmation showing probable cause for believing that there exists in any place, bundle, package, or other container in the District of Columbia any plant or plant product which is infected or infested with plant pests or disease, to issue warrants for the search for and seizure of all such plants and plant products.
Rules and regulations. It shall be the duty of the Secretary of Agriculture, and he is hereby required, from time to time, to make and promulgate such rules and regulations as shall be necessary to carry out the purposes of this section, and any person who shall move or allow to be moved, or shall ship, transport, or carry, by any means whatever, any plant or plant products from or into the District of Columbia, except in compliance with the rules and regulations prescribed under this section, shall be punished, as is provided in section 163 of this title. (Aug. 20, 1912, ch. 308, § 15, as added May 31, 1920, ch. 217, 41 Stat. 726; May 16, 1928, ch. 572, 45 Stat. 565.)
Chapter 8A.-RUBBER § 171. Program for development of guayule and other rubberbearing plants. The Secretary of Agriculture (hereinafter called the “Secretary") is authorized
(1) To acquire by purchase, license, or other agreement, the right to operate under processes or patents relating to the growing and harvesting of guayule or the extraction of rubber therefrom, and such properties, processes, records, and data as are necessary to such operation, including but not limited to any such rights owned or controlled by the Intercontinental Rubber Company, or any of its subsidiaries, and all equipment, materials, structures, factories, real property, seed, seedlings, growing shrub, and other facilities, patents and processes of the Intercontinental Rubber Company, or any of its subsidiaries, located in California, and for such rights, properties, and facilities of the Intercontinental Rubber Company or any of its subsidiaries, the Secretary is authorized to pay not to exceed $2,000,000;
(2) To plant, or contract for the planting of, not in excess of five hundred thousand acres of guayule in areas in the Western Hemisphere where the best growth and yields may be expected in order to maintain a nucleus planting of guayule to serve as a domestic source of crude rubber as well as of planting material for use in further expanding guayule planting to meet emergency needs of the United States for crude rubber; to establish and maintain nurseries to provide seedlings for field plants; and to purchase necessary equipment, facilities, land for nurseries and administrative sites and water rights;
(3) To acquire by lease, or other agreement, for not exceeding ten years, rights to land for the purpose of making plantings of guayule; to acquire water rights; to erect necessary buildings on leased land where suitable land cannot be purchased; to make surveys, directly or through appropriate Government agencies, of areas in the Western Hemisphere where guayule might be grown; and to establish and maintain records indicating areas to which guayule cultivation could be extended for emergency production;
(4) To construct or operate, or to contract for the operation of, factories for the extraction of rubber from guayule, and from Chrysothamnus, commonly known as rabbit brush; to purchase guayule shrub; and to purchase, operate, and maintain equipment for the harvesting, storing, transporting, and complete processing of guayule, and Chrysothamnus, commonly known as rabbit brush, and to purchase land as sites for processing plants;
(5) To conduct studies, in which he may cooperate with any other public or private agency, designed to increase the yield of guayule by breeding or by selection, and to improve planting methods; to make surveys of areas suitable for cultivating guayule; to make experimental plantings; and to conduct agronomic tests:
(6) To conduct test, in which he may cooperate with any other public or private agency, to determine the qualities of rubber obtained from guayule and to determine the most favorable methods of compounding and using guayule in rubber manufacturing processes;
(7) To improve methods of processing guayule shrubs and rubber and to obtain and hold patents on such new processes;
(8) To sell guayule or rubber processed from guayule and to use funds so obtained in replanting and maintaining an area not in excess of five hundred thousand acres of guayule inside the Western Hemisphere; and
(9) To exercise with respect to rubber-bearing plants other than guayule the same powers as are granted in the foregoing provisions of this section with respect to guayule. (Mar. 5, 1942, ch. 140, § 1, 56 Stat. 126, as amended Oct. 20, 1942, ch. 617, $$ 1-4, 56 Stat. 796, 797.)
AMENDMENTS 1942-Par. (2) was amend by act Oct. 20, 1942, § 1, cited to text, which inserted words "five hundred” in lieu of "seventy-five”, and words “land for nurseries and administrative sites and water rights” in lieu of words "and land for nurseries.”
Par. (3) was amended by act Oct. 20, 1942, § 2, cited to text, by inserting the words “to acquire water rights; to erect necessary buildings on leased land where suitable land cannot be purchased;".
Par. (4) was amended by act Oct. 20, 1942, § 3, cited to text, by inserting the words “to purchase guayule shrub;".
Par. (8) was amended by act Oct. 20, 1942, § 4, cited to text, by inserting the words "not in excess of five hundred” in lieu of words "of seventyfive".
ADDITIONAL ACREAGE AUTHORIZED Act of Oct. 26, 1942, ch. 629, title II, 56 Stat. 1002, provided in part as follows: "The Secretary of Agriculture, in connection with the appropriations herein and heretofore made for such project, is authorized to plant, or contract for the planting of, not to exceed twenty-five thousand acres of guayule in areas in the Western Hemisphere in addition to the acreage permitted under the provisions of paragraph (1), section 1, of the Act of March 5, 1942 (Public Law 473) (par. (1) of this section.)”
f 172. Same; appointment of employees; delegation of powers; cooperation with other agencies; allotment of funds; leases of facilities and disposal of water.-(a) The Secretary is authorized to appoint such employees, including citizens of other countries, as may be necessary for carrying out the provisions of this chapter. Such appointments may be made without regard to the provisions of the civil-service laws, and the compensation of the persons so appointed may be fixed without regard to the pro visions of sections 661-673 and 674 of Title 5. (Sections 321 to 324, inclusive, and sections 325a of Title 40 of the United States Code (1940 edition), shall not apply to any nursery, planting, cultivating or harvesting operations conducted pursuant to this chapter.) All appointments so made by the Secretary shall be made only on the basis of merit and efficiency.
(b) The Secretary may delegate any of the powers and duties conferred on him by this chapter to any agency or bureau of the department of Agriculture.
(c) The Secretary, with the consent of any board, commission, independent establishment, corporation, or executive department of the Government, including any field service thereof, may avail himself of the use of information, services, facilities, officers and employees thereof, in carrying out the provisions of this chapter. (d) The Secretary may allot to bureaus and offices of the Department of Agriculture, or may transfer to such other agencies of the State and Federal Governments as may be requested by him to assist in carrying out this chapter, any funds made available to him under this chapter.
(e) In carrying out the provisions of this chapter the Secretary shall have all of the authority conferred upon him by section 502 of Title 16.
(f) The Secretary may lease at reasonable rentals structures erected by the Government with essential facilities for such periods as such structures and facilities are not required for the purposes of this chapter; and any part of land or structures with essential facilities acquired by lease, deed, or other agreement pursuant to this chapter, which are not required or suitable for the purposes of this chapter during the period the United States is entitled to possession thereof may be leased or subleased at a reasonable rental; and any surplus water controlled by the United States on land owned or leased by the United States for the purposes of this chapter may be disposed of at reasonable rates. (Mar. 5, 1942, ch. 140, § 2, 56 Stat. 127, as amended Oct. 20, 1942, ch. 617, §§ 5-7, 56 Stat. 797.)
AMENDMENTS 1942–Subd. (a) was amended by act Oct. 20, 1942, SS 5, 7, cited to text, by inserting after the words "citizens of" the word “other”, by striking out the words "in the Western Hemisphere”, and by inserting the sentence immediately following the words "of Title 5.”
Subsecs. (e) and (f) were added by act Oct. 20, 1942, § 6, cited to text.
$ 173. Same; appropriations.-There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this chapter. Any amounts so appropriated, and any funds received by the Secretary under this chapter, shall remain permanently available for the purposes of this chapter without regard to the provisions of any other laws relating to the availability and disposition of appropriated funds and the disposition of funds collected by officers or agencies of the United States. (Mar. 5, 1942, ch. 140, § 3, 56 Stat. 128.)
$ 174. Same; disposition of proceeds from sale.-Any proceeds from the sales of guayule, rubber processed from guayule, or other rubber-bearing plants, or from other sales, rentals, and fees resulting from operations under sections 171, 172, and 173 of this title, shall be covered into the Treasury as miscellaneous receipts. (Apr. 28, 1942, ch. 247, title III, 56 Stat. 240, as amended July 2, 1942, ch. 476, title I, § 1, 56 Stat. 597; July 12, 1943, ch. 215, § 1, 57 Stat. 415; June 28, 1944, ch. 296, § 1, 58 Stat. 447.)
CODIFICATION Text of section is from act July 2, 1942, cited thereto. Act Apr. 28, 1942, also cited, contained identical provisions, except for words “rentals, and fees," which did not appear therein.
$ 175. Same; lease or sublease of unsuitable lands; disposal of water supply. Subject to conditions prescribed by the Secretary of Agriculture, any part of the land acquired by lease, deed, or other agreement pursuant to sections 171, 172 and 173 of this title, which is not required or suitable for the purposes of said sections may be leased or subleased at a reasonable rental during the period the United States is entitled to possession thereof; and any surplus water supplies controlled by the United States on such land may be disposed of at reasonable rates. (July 2, 1942, ch. 476, title I, § 1, 56 Stat. 597.)
Chapter 9.-PACKERS AND STOCKYARDS
§ 181. Short title of chapter. This chapter may be cited as the "Packers and Stockyards Act, 1921.” (Aug. 15, 1921, ch. 64, § 1, 42 Stat. 159.)
8 182. “Person”; “Secretary"; ''meat food products"; "livestock”; “livestock products"; "commerce”; defined.—When used in this chapter
(1) The term “person” includes individuals, partnerships, corporations, and associations;
(2) The term "Secretary” means the Secretary of Agriculture;
(3) The term "meat food products" means all products and byproducts of the slaughtering and meat-packing industry-if edible;
(4) The term "livestock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead;
(5) The term “livestock products” means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock; and
(6) The term “commerce” means commerce between any 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. (Aug. 15, 1921, ch. 64, § 2, 42 Stat. 159.)
$ 183, When transaction deemed in commerce; "State" defined. -For the purpose of this chapter (but not in anywise limiting the definition in the preceding section) a transaction in respect to any article shall be considered to be in commerce if such article is part of that current of commerce usual in the livestock and meat-packing industries, whereby livestock, meats, meat food products, livestock products, dairy products, poultry, poultry products, or eggs, are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State, or for slaughter of livestock within the State and the shipment outside the State of the products resulting from such slaughter. Articles normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter. For the purpose of this section the word “State” includes Territory, the District of