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1417. Powers of State with respect of milk or cream lawfully imported.-Nothing in this Act is intended nor shall be construed to affect the powers of any State, or any political subdivision thereof, to regulate the shipment of milk or cream into, or the handling, sale, or other disposition of milk or cream in, such State or political subdivision after the milk and/or cream shall have been lawfully imported under the provisions of this Act. (Feb. 15, 1927, sec. 8, 44 Stat. 1103; 44 U. S. C., sec. 148.)
1418. Definitions. When used in this Act
(a) The term “person means an individual, partnership, association, or corporation.
(b) The term “United States” means continental United States. . VIRUSES, SERUMS, TOXINS, ANTITOXINS, AND ANALOGOUS PRODUCTS FOR
1419. (1) Preparation and sale of worthless or harmful products for domestic animals prohibited;
preparation to be in compliance with rules at licensed establishments.—That from and after July first, nineteen hundred and thirteen, it shall be unlawful for any person, firm, or corporation to prepare, sell, barter, or exchange in the District of Columbia, or in the Territories, or in any place under the jurisdiction of the United States, or to ship or deliver for shipment from one State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product intended for use in the treatment of domestic animals, and no person, firm, or corporation shall prepare, sell, barter, exchange, or ship as aforesaid any virus, serum, toxin, or analogous product manufactured within the United States and intended for use in the treatment of domestic animals, unless and until the said virus, serum, toxin, or analogous product shall have been prepared, under and in compliance with regulations prescribed by the Secretary of Agriculture, at an establishment holding an unsuspended and unrevoked license issued by the Secretary of Agriculture as hereinafter authorized
(2) Importation regulated and prohibited.—That the importation into the United States, without a permit from the Secretary of Agriculture, of any virus, serum, toxin, or analogous product for use in the treatment of domestic animals, and the importation of any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treatment of domestic animals, are hereby prohibited.
(3) Inspection of imports; denial of entry and destruction.—The Secretary of Agriculture is hereby authorized to cause the Bureau of Animal Industry to examine and inspect all viruses, serums, toxins, and analogous products, for use in the treatment of domestic animals, which are being imported or offered for importation into the United States, to determine whether such viruses, serums, toxins, and analogous products are worthless, contaminated, dangerous, or harmful, and if it shall appear that any such virus, serum, toxin, or analogous product, for use in the treatment of domestic animals. is worthless, contaminated, dangerous, or harmful, the same shall be denied entry and shall be destroyed or returned at the expense of the owner or importer.
(4) Regulations for preparation and sale of worthless viruses, etc.That the Secretary of Agriculture be, and hereby is, authorized to make and promulgate from time to time such rules and regulations as may be necessary to prevent the preparation, sale, barter, exchange, or shipment as aforesaid of any worthless, contaminated, dangerous or harmful virus, serum, toxin, or analogous product for use in the treatment of domestic animals, and to issue, suspend, and revoke licenses for the maintenance of establishments for the preparation of viruses, serums, toxins, and analogous products, for use in the treatment of domestic animals, intended for sale, barter, exchange, or shipment as aforesaid.
(5) Permits for importation.—The Secretary of Agriculture is hereby authorized to issue permits for the importation into the United States of viruses, serums, toxins, and analogous products, for use in the treatment of domestic animals, which are not worthless, contaminated, dangerous, or harmful.
(6) Licenses conditioned on permitting inspection; suspension of licenses.—All licenses issued under authority of this Act to establishments where such viruses, serums, toxins, or analogous products are prepared for sale, barter, exchange, or shipment as aforesaid, shall be issued on condition that the licensee shall permit the inspection of such establishments and of such products and their preparation; and the Secretary of Agriculture may suspend or revoke any permit or license issued under authority of this Act, after opportunity for hearing has been granted the licensee or importer, when the Secretary of Agriculture is satisfied that such license or permit is being used to facilitate or effect the preparation, sale, barter, exchange, or shipment as aforesaid, or the importation into the United States of any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treatment of domestic animals.
(7) Same; inspection daytime or nighttime.—That any officer, agent, or employee of the Department of Agriculture duly authorized by the Secretary of Agriculture for the purpose may, at any hour during the daytime or nighttime, enter and inspect any establishment licensed under this Act where any virus, serum, toxin, or analogous product for use in the treatment of domestic animals is prepared for sale, barter, exchange, or shipment as aforesaid.
(8) Offenses; punishment.—That any person, firm, or corporation who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not exceeding $1,000 or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court Mar. 4, 1913, 37 Stat. 832; 21 U.S.C., secs. 151–158.)
FOREIGN RELATIONS AND INTERCOURSE
DIPLOMATIC AND CONSULAR SERVICE 1420. Report by consuls on agricultural and horticultural industries.Consuls and commercial agents of the United States in foreign countries shall procure and transmit to the Department of State authentic commercial information respecting such countries, of such character and in such manner and form and at such times as the Department may from time to time prescribe. And they shall also procure and transmit to the Department of State, for the use of the Agricultural Department, monthly reports relative to the character, condition, and prospective yields of the agricultural and horticultural industries and other fruiteries of the country in which they are respectively stationed; and the Secretary of Agriculture is hereby required and directed to embody the information thus obtained, or so much thereof as he may deem material and important, in his monthly bulletin of crop reports. (R. S., sec. 1712, Aug. 18, 1856, 11 Stat. 139; June 18, 1888, 25 Stat. 186; 22 U. S. C., sec. 80.)
1421. Reports as to current prices of merchandise and agricultural conditions. Every consular officer shall furnish to the Secretary of the Treasury, as often as shall be required, the prices current of all articles of merchandise usually exported to the United States from the port or place in which he is situated; and he shall also furnish to the Secretary of the Treasury, at least once in twelve months, the prices current of all articles of merchandise, including those of the farm, the garden, and the orchard, that are imported through the port or place in which he is stationed. And he shall also report as to the character of agricultural implements in use, and whether they are imported to or manufactured in that country; as to the character and extent of agricultural and horticultural pursuits there. That part of the information thus obtained which pertains to agriculture shall be transmitted by the Secretary of the Treasury, as soon as the same shall have been received by him, to the Secretary of Agriculture, who shall include the same, or so much thereof as he may deem material and important, in his annual reports, stating the said prices in dollars and cents, and rendering tables of foreign weights and measures into their American equivalents. (R. S., sec. 1713; June 18, 1888, 25 Stat. 186; 22 U.S.C., sec. 82.)
PASSPORTS 1422. Officers and employees exempted from passport fees.- That no fee shall be collected for passports issued to officers or employees of the United States proceeding abroad in the discharge of their official duties, or to members of their immediate families. (June 4, 1920, 41 Stat. 750; 22 U.S. C., sec. 214.)
FEDERAL HIGHWAY ACT
1423. Title of act.—That this Act may be cited as the Federal Highway Act. (Nov. 9, 1921, sec. 1, 42 Stat. 212; 23 U. S. C., sec. 1.)
1424. Definitions.—That, when used in this Act, unless the context indicates otherwise
The term “Federal Aid Act” means the Act entitled "An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes”, approved July 11, 1916, as amended by sections 5 and 6 of an Act entitled “An Act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1920, and for other purposes approved February 28, 1919, and all other Acts amendatory thereof or supplementary thereto.
The term "highway” includes rights of way, bridges, drainage structures, signs, guard rails, and protective structures in connection with highways, but shall not include any highway or street in a municipality having a population of two thousand five hundred or more as shown by the last available census, except that portion of any such highway or street along which within a distance of one mile the houses average more than two hundred feet apart.
The term “State highway department” includes any State department, commission, board, or official having adequate powers and suitably equipped and organized to discharge to the satisfaction of the Secretary of Agriculture the duties herein required.
The term “ maintenance” means the constant making of needed repairs to preserve a smooth surfaced highway.
The term construction ” means the supervising, inspecting, actual building, and all expenses incidental to the construction of a highway, except locating, surveying, mapping, and costs of rights of way.
The term “ reconstruction" means a widening or a rebuilding of the highway or any portion thereof to make it a continuous road, and of sufficient width and strength to care adequately for traffic needs.
The term “forest roads" means roads wholly or partly within or adjacent to and serving the national forests.
The term “State funds” includes for the purposes of this Act funds raised under the authority of the State, or any political or other subdivision thereof, and made available for expenditure under the direct control of the State highway department.
The term “ bridges " includes railroad grade separations, whether by means of overhead or underpass crossings. (Nov. 9, 1921, sec. 2, 42 Stat. 212; June 19, 1922, sec. 4, 42 Stat. 660; 23 U. S. C., sec. 2.)
1425. Powers and duties reposed in Secretary of Agriculture; cooperation; funds; maps.-All powers and duties of the Council of National Defense under the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1917, and for other purposes”, approved August 29, 1916, in relation to highway or highway transport, are hereby transferred to the Secretary of Agriculture, and the Council of National Defense is directed to turn over to the Secretary of Agriculture the equipment, material, supplies, papers, maps, and documents utilized in the exercise of such powers. The powers and duties of agencies dealing with highways in the national parks or in military or naval reservations under the control of the United States Army or Navy, or with highways used principally for military or naval purposes, shall not be taken over by the Secretary of Agriculture, but such highways shall remain under the control and jurisdiction of such agencies.
The Secretary of Agriculture is authorized to cooperate with the State highway departments and with the Department of the Interior, in the survey, construction, reconstruction, and maintenance of main roads through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations other than the forest reservations. Such sums as the Congress may hereafter authorize to be appropriated under the provisions of this section shall be apportioned among those States having more than 5 per centum of their area in the lands hereinbefore described and shall be prorated and apportioned to said States in the proportion that said lands in each
of said States is to the total area of said lands in the States eligible under the provisions of this section, and no contribution from the States shall be required in the expenditure thereof: Provided, That in the allocation of any such funds authorized to be appropriated under this section or any subsequent Act preference shall be given to those projects which are located on the Federal-aid highway system as the same are now or may hereafter be designated.
The Secretary of Agriculture shall prepare, publish, and distribute a map and other information, at least annually, showing the progress made in the expenditures of the funds authorized under this section. (Nov. 9, 1921, sec. 3, 42 Stat. 212; June 24, 1930, sec. 1, 46 Stat. 805; 23 U. S. C., sec. 3.)
1426. Highways within Indian reservations; construction; power of Secretary of Agriculture in cooperation with other agencies; payment.-The Secretary of Agriculture is authorized to cooperate with the State highway departments and with the Department of the Interior in the construction of public highways within Indian reservations, and to pay the amount assumed therefor from the funds allotted or apportioned under this Act to the State wherein the reservation is located. (Nov. 9, 1921, sec. 3a, 42 Stat. 212; Feb. 20, 1931, sec. 1, 46 Stat. 1173; 23 U.S. C., sec. 3a.)
1427. Establishment of accounting division.—That the Secretary of Agriculture shall establish an accounting division which shall devise and install a proper method of keeping the accounts. (Nov. 9, 1921, sec. 4, 42 Stat. 213; 23 U. S. C., sec. 4.)
1428. Transfer to Secretary of Agriculture of surplus war materials suitable for highway improvement; distribution among States; portion to Secretary of Interior.—That the Secretary of War be, and he is hereby authorized and directed to transfer to the Secretary of Agriculture, upon his request, all war material, equipment and supplies now or hereafter declared surplus
from stock now on hand and not needed for the purposes of the War Department but suitable for use in the improvement of highways, and that the same shall be distributed among the highway departments of the several States to be used in the construction, reconstruction, and maintenance of highways, such distribution to be upon the same basis as that hereinafter provided for in this Act in the distribution of Federal-aid fund: Provided, That the Secretary of Agriculture, in his discretion, may reserve from such distribution not to exceed 10 per centum of such material, equip, ment, and supplies for use in the construction, reconstruction, and maintenance of national forest roads or other roads constructed, reconstructed, or maintained under his direct supervision: Provided further, That the Secretary of Agriculture is authorized to reserve from distribution to the several States not exceeding 5 per centum of the material, equipment, and supplies hereafter received from the Secretary of War, and to transfer said material, equipment, and supplies to the Secretary of the Interior for use in constructing, reconstructing, improving, and maintaining roads and trails in the national parks and monuments: Provided, That no charge shall be made for such transfer except such sums as may be agreed upon as being reasonable charges for freight, handling, and conditioning for efficient use. (Feb. 28, 1919, sec. 7, 40 Stat. 1201, Nov. 9, 1921, sec. 5, 42 Stat. 213; Apr. 9, 1924, sec. 3, 43 Stat. 90; 23 U. S. C., sec. 5.)