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five thousand-foot contour line, to be propagated at one of the existing field stations of the Department of Agriculture in such area, and seedlings and cuttings and seeds of such trees, shrubs, and vines to be distributed free of charge under such regulations as he may prescribe for experimental and demonstration purposes within such area. Apr. 16, 1928, ch. 377, § 1, 45 Stat. 430.)

§ 388a. Annual appropriations.-There is hereby authorized to be appropriated each fiscal year necessary appropirations to enable the Secretary of Agriculture to carry on the experiments contemplated by section 388 of this title. (Apr. 16, 1928, ch. 377, § 3, 45 Stat. 431.)

Chapter 15.-BUREAU OF ANIMAL INDUSTRY

CROSS REFERENCES

Animals, meats, and meat and dairy products, see section 71 et seq. of Title 21, Food and Drugs. Packers and stockyards, see section 181 et seq. of this title.

§ 391. Establishment of bureau; appointment of chief; general duties. There shall be in the Department of Agriculture a Bureau of Animal Industry. The Secretary of Agriculture is authorized to appoint a chief thereof, who shall be a competent veterinary surgeon, and whose duty it shall be to investigate and report upon the condition of the domestic animals and live poultry of the United States, their protection and use, and also inquire into and report the causes of contagious, infectious, and communicable diseases among them, and the means for the prevention and cure of the same, and to collect such information on these subjects as shall be valuable to the agricultural and commercial interests of the country. (May 29, 1884, ch. 60, § 1, 23 Stat. 31; July 14, 1890, ch. 707, 26 Stat. 288; Feb. 7, 1928, ch. 30, 45 Stat. 59.)

§ 392 Sale or exchange of animals not needed; disposition of moneys.-The Secretary of Agriculture is authorized to sell in the open market or to exchange for other breeding animals or animal products to the best advantage, without the usual condemnation proceedings and public auction, such animals or animal products produced or purchased under the appropriations made by Congress for the use of the Bureau of Animal Industry as may not be needed in the work of that bureau: Provided, That all moneys received from the sale of such animals or animal products or as a bonus in the exchange of the same, shall be deposited in the Treasury as miscellaneous receipts. (Aug. 10, 1912, ch. 284, 7 Stat. 274.)

CROSS REFERENCE

Sale or exchange_of_animals or animal products no longer needed, sce section 549 of Title 5, Executive Departments d Government Officers and Employees.

§ 393. Sale of pathological and zoological specimens; disposition of money.-The Secretary of Agriculture is authorized to prepare and sell at cost such pathological and zoological specimens as he may deem of scientific or educational value to scientists or others engaged in the work of hygiene and sanitation: Provided, That all moneys received from the sale of such specimens shall be de

posited in the Treasury as miscellaneous receipts. (Mar. 4, 1913, ch. 145, 37 Stat. 833.)

TRANSFER OF FUNCTIONS

Bureau of Animal Industry consolidated with certain other agencies into Agricultural Research Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.

con

The functions of the Bureau of Animal Industry of Agricultural Research Administration concerned primarily with regulatory activities were solidated with other agencies into the Food Distribution Administration of the Department of Agriculture by Ex. Ord. No. 9280, Dec. 5, 1942, 7 F.R. 10179, set out following section 514 of Title 5, Executive Departments and Government Officers and Employees.

§ 394. Overtime of employees engaged in enforcement of Meat Inspection Act.-The Secretary of Agriculture is authorized, in his discretion, to pay employees of the Bureau of Animal Industry employed in establishments subject to the provisions of section 95 of Title 21, for all overtime work performed at such establishments, at such rates as he may determine, and to accept from such establishments wherein such overtime work is performed reimbursement for any sums paid out by him for such overtime work. (July 24, 1919, ch. 26, 41 Stat. 241.)

TRANSFER OF FUNCTIONS

Bureau of Animal Industry consolidated with certain other agencies into Agricultural Research Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.

con

The functions of the Bureau of Animal Industry of Agricultural Research Administration concerned primarily with regulatory activities were solidated with other agencies into the Food Distribution Administration of the Department of Agriculture by Ex. Ord. No. 9280, Dec. 5, 1942, 7 F. R. 10179, set out following section 514 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCE

War Overtime Pay Act of 1943, construction with, see section 1406 of Appendix to Title 50, War.

§ 395. Fees for rabies diagnoses; disposition of moneys.-Fees shall be charged for all diagnoses in connection with rabies, except those performed for agencies of the United States Government, in such amounts as the Secretary shall prescribe, and such fees shall be covered into the Treasury as miscellaneous receipts. (Sept. 21, 1944, ch. 412, title I, § 101 (e), 58 Stat. 734.)

CODIFICATION

This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

Chapter 16.-BUREAU OF DAIRYING

§ 401. Establishment of bureau.-There is established in the Department of Agriculture a bureau to be known as the "Bureau of Dairying." (May 29, 1924, ch. 208, § 1, 43 Stat. 243.)

§ 402. Chief of bureau; appointment and duties.-A Chief of the Bureau of Dairying shall be appointed by the Secretary of Agriculture, who shall be subject to the general direction of the Secretary of Agriculture. He shall devote his time to the investigation of the dairy industry, and the dissemination of information for the promotion of the dairy industry. (May 29, 1924, ch. 208, § 2, 43 Stat. 243.)

§ 403. Transfer of activities of Department of Agriculture to bureau; employment of clerks, etc.-For the purpose of enabling the Secretary of Agriculture and the Chief of the Bureau of Dairying to carry out the purposes of this chapter, the Secretary of Agriculture is hereby authorized to transfer to the Bureau of Dairying such activities of the Department of Agriculture as he may designate which relate primarily to the dairy industry, and to employ such additional persons in the city of Washington and elsewhere, as may be necessary. (May 29, 1924, ch. 208, § 3, 43 Stat. 243.)

§ 404. Appropriation for bureau authorized.-For the purpose of carrying out the provisions of this chapter and the activities of the Bureau of this chapter and the activities of the Bureau of Dairying, such sums of money as Congress may deem necessary are hereby authorized to be appropriated. (May 29, 1924, ch. 208, § 4, 43 Stat. 243.)

NAME OF BUREAU

The "Bureau of Dairying" established by act May 29, 1924, cited to text. was designated "Bureau of Dairy Industry" by Department of Agriculture Appropriation Act of 1927. Words "Bureau of Dairying" in text should be changed to "Bureau of Dairying Industry" and "May 11, 1926, ch. 286, 44 Stat. 499" should be added to credit.

TRANSFER OF FUNCTIONS

Bureau of Dairy Industry consolidated with other agencies into Agricultural Research Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.

Chapter 17.-MISCELLANEOUS MATTERS

§ 411. Establishment of Bureau of Agricultural Economics; transfer of powers.-The powers conferred prior to May 11, 1922, and the duties imposed by law on the Bureau of Markets, Bureau of Markets and Crop Estimates, and the Office of Farm Management and Farm Economics of the Department of Agriculture shall be exercised and performed by the Bureau of Agricultural Economics. (May 11, 1922, ch. 185, 42 Stat. 532.)

NOTE-Act of June 30, 1914, 38 Stat. 436 transferred the Bureau of Statistics of the Department of Agriculture to the Bureau of Crop Estimates, and Act of Mar. 3, 1921, 41 Stat. 1343, transferred the Bureau of Statistics and the Bureau of Crop Estimates of the Department of Agriculture to the Bureau of Markets and Crop Estimates.

TRANSFER OF FUNCTIONS

Agricultural Statistics Division of the Agricultural Marketing Service and its functions, personnel, property, etc., transferred to Bureau of Agricultural Economics for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.

The functions, personnel and property of the Division of Farm Management and Costs of the Bureau of Agricultural Economics concerned primarily with the planning of current agricultural production were consolidated with other agencies into the Food Production Administration of the Department of Agriculture by Ex. Ord. No. 9280, Dec. 5, 1942, 7 F. R. 10179, set out following section 514 of Title 5, Executive Departments and Government Officers and Employees.

§ 411a. Monthly crop report; contents issuance; approval by Secretary of Agriculture. The monthly crop report, which shall be gathered as far as practicable from practical farmers, shall be

printed and distributed on or before the twelfth day of each month, and shall embrace statements of the conditions of crops by States, in the United States, with such explanations, comparisons, and information as may be useful for illustrating the above matter, and it shall be submitted to and officially approved by the Secretary of Agrictulture before being issued or published. (Mar. 4, 1909, ch. 301, 35 Stat. 1053; Mar. 4, 1917, ch. 179, 39 Stat. 1157.)

§ 411b. Estimates of apple production.-Estimates of apple production shall be confined to the commercial crop. (June 30, 1939, ch. 253, title I, 53 Stat. 968; June 25, 1940, ch. 421, § 1, 54 Stat. 555.)

REPEATED.-Act July 1, 1941, ch. 267, § 1, 55 Stat. 430; act July 22, 1942, ch. 516, § 1, 56 Stat. 687; act July 12, 1943, ch. 215, § 1, 57 Stat. 398.

§ 414. Investigation and certification of condition, etc., of farm products offered for interstate shipment; reimbursement of employees for use of private vehicles. The Secretary, independently and in cooperation with other branches of the Government, State agencies, purchasing and consuming organizations, boards of trade, chambers of commerce, or other associations of businessmen or trade organizations, and persons or corporations engaged in the production, transportation, marketing, and distribution of farm and food products, whether operating in one or more jurisdictions, is authorized to investigate and certify to shippers and other interested parties the class, quality, and condition of cotton, tobacco, fruits, and vegetables, whether raw, dried, or canned, poultry, butter, hay, and other perishable farm products when offered for interstate shipment or when received at such important central markets as the Secretary may from time to time designate, or at points which may be conveniently reached therefrom under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That officers and employees who, under proper authorization, use privately owned motor vehicles in the performance of official travel within the corporate limits of their official stations for the purpose of inspecting and grading farm and food products and the supervision thereof at points located within the said corporate limits may be reimbursed for such travel at a rate not to exceed 3 cents per mile: Provided further, That certificates issued by the authorized agents of the Department shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained. (June 25, 1940, ch. 421; § 1, 54 Stat. 555; July 1, 1941, ch. 267, § 1, 55 Stat. 431; July 22, 1942, ch. 516, § 1, 56 Stat. 687; July 12, 1943, ch. 215, § 1, 57 Stat. 421; June 28, 1944, ch. 296, § 1, 58 Stat. 453.)

§ 415. Purchase of seeds and plants for distribution.—Purchase and distribution by the Secretary of Agriculture of vegetable, field, and flower seeds, plants, shrubs, vines, bulbs, and cuttings shall be of the freshest and best obtainable varieties, and adapted to general cultivation. (R. S. § 527; Apr. 25, 1896, ch. 140, 29 Stat. 106.)

§ 415a. Wool and mohair; sale of practical forms of grades.Practical forms of the grades recommended or promulgated by the Secretary for wool and mohair may be sold under such rules and regulations as he may prescribe, and the receipts therefrom deposited in the Treasury to the credit of miscellaneous receipts. (June 16, 1938, ch. 464, title I, 52 Stat. 739.)

SIMILAR PROVISIONS

Text of this section was taken from the Department of Agriculture Appropriation Act, 1939. Similar provisions were contained in the following

acts:

1937-June 29, 1937, ch. 404, 50 Stat. 424. 1936-June 4, 1936, ch. 489, 49 Stat. 1450.

1935-May 17, 1935, ch. 131, title I, § 1, 49 Stat. 275.

1934-Mar. 26, 1934, ch. 89, 48 Stat. 493. 1933-Mar. 3, 1933, ch. 203, 47 Stat. 1458. 1932-July 7, 1932, ch. 443, 47 Stat. 636. 1931-Feb. 23, 1931, ch. 278, 46 Stat. 1268. 1930-May 27, 1930, ch. 341, 46 Stat. 418. 1929-Feb. 16, 1929, ch. 227, 45 Stat. 1212. 1928-May 16, 1928, ch. 572, 45 Stat. 561. 1927-Jan. 18, 1927, ch. 39, 44 Stat. 997.

§ 415b. Wool standards; appropriation of certain funds.-There is hereby authorized to be appropriated for expenditure by the Secretary of Agriculture, for the purposes stated in section 415c of this title, all funds heretofore or hereafter collected by suit, or otherwise, pursuant to appropriations for the completion of the work of the domestic wool section of the War Industries Board, and for enforcing Government regulations for handling the wool clip of 1918 as established by the wool division of said board, pursuant to the Executive order dated December 31, 1918. transferring such work to the Bureau of Markets, now a part of the Bureau of Agricultural Economics of the Department of Agriculture, and for continuing as far as practicable the distribution among the growers of the wool clip of 1918 of all sums heretofore or hereafter collected or recovered with or without suit by the Government from all persons, firms, or corporations which handled any part of the wool clip of 1918, which he finds it impracticable to distribute among said growers, provided that not to exceed $50,000 may be expended in any fiscal year. (May 17, 1928, ch. 602, § 1, 45 Stat. 593.)

§ 415c. Same; use made of funds; charge for wool grading and forms of grades.--The funds referred to in section 415b of this title may be used for the purpose of acquiring and diffusing among the people of the United States useful information relative to the standardization, grading, preparation for market, marketing, utilization, transportation, handling, and distribution of wool, and of approved methods and practices relative thereto, including the demonstration and promotion of the use of grades for wool in accordance with standards therefor which the Secretary of Agriculture is hereby authorized to establish. Said funds may be used for the grading of wool, and for such grading or other service rendered hereunder reasonable fees may be charged, and Provided further, That hereafter reasonable charges may be made for practical forms of grades for wool. (May 17, 1928, ch. 602, § 2, 45 Stat. 593.)

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