in the execution thereof, as provided the United States the producer or his for in § 722.157, and one copy thereof agent shall execute form Cotton 313 or so executed by the transferee and the form Cotton 315, as the case requires, by producer or their agents shall be re- showing therein the information provided tained by the producer and the original | for in § 722.156 (a) (3) or (5) and shall thereof delivered to the transferee. The indicate in the space provided thereon for copy of form Cotton 313 on the postal card or the copy of form Cotton 315, as the case may be, shall be (i) delivered to the transferee or his agent if the transferee collected the penalty, if any, with respect to the marketing of the cotton as provided for in § 722.147 (b), or (ii) forwarded by the producer to the treasurer of the county committee by depositing it in the United States mails if no penalty was incurred with respect to the marketing of the cotton, or (iii) delivered by the producer to the treasurer of the county committee at the time the producer remits the penalty with respect to the marketing of the cotton as provided for in § 722.148 (b).

the signature of the buyer or transferee that the buyer or transferee is a person not within the United States. The producer shall retain one copy of form Cotton 313 or form Cotton 315 so executed and shall forward the original thereof and the copy of form Cotton 313 on the postal card, or the copy of form Cotton 315, to the treasurer of the county committee, together with any penalty incurred with respect to the marketing of such cotton.

(6) If the producer pays the penalty with respect to the marketing of any cotton prior to the time such cotton is marketed, as provided for in § 722.147 (c), the treasurer of the county commit(4) If the producer or his agent mar- tee to whom such penalty is paid shall kets cotton by barter or exchange, by execute, in triplicate, form Cotton 319-A telephone, telegraph, or letter, or by any by describing therein the cotton with means or method other than directly to respect to the marketing of which the and in the presence of the transferee or penalty has been paid and shall retain his agent, the producer or his agent shall one copy thereof and deliver the original execute form Cotton 313 or form Cotton and one copy thereof to the producer. 315, as the case requires, by showing The original of form Cotton 319-A so therein the information provided for in executed shall be delivered by the pro§ 722.156 (a) (3) or (5) and the producer ducer or his agent to the buyer or transor his agent shall (i) retain one copy feree of the cotton described therein at thereof so executed and (ii) transmit the the time such cotton is marketed, and original thereof to the transferee or his the producer or his agent shall execute agent and (iii) transmit the copy of form form Cotton 313 or form Cotton 315, as Cotton 313 or the copy of form Cotton 315 | the case requires, with respect thereto to the transferee or his agent if the trans- | in accordance with the foregoing proferee collected the penalty, if any, with visions of this paragraph. respect to the marketing of the cotton, as provided for in § 722.147 (b), or deliver the copy thereof to the treasurer of the county committee at the time the producer remits the penalty with respect to the marketing of the cotton, as provided for in § 722.148 (b), or forward it to the said treasurer by depositing it in the United States mails if no penalty was incurred with respect to the marketing of the cotton. If the penalty is collected by the transferee in such a transaction, as provided for in § 722.147 (b), the trans-port the Secretary of Agriculture hereby feree or his agent shall execute and transmit to the producer a receipt for the penalty collected in a form acceptable to the producer.

(b) Farm operator's report. The operator of each overplanted farm or of each farm on which any producer has carry-over penalty cotton or, upon the request of the county committee, the operator of any other farm shall file with the Secretary of Agriculture through the county committee not later than 30 calendar days after all the cotton on the farm has been marketed or March 1, 1940, whichever is the earlier, a report on form Cotton 317, which re

finds to be necessary to carry out with respect to cotton the provisions of Title III of the Act, showing for each producer (1) the total pounds of lint cotton pro(5) If the producer or his agent mar- duced in 1939 by each producer on the kets the cotton to any person not within | farm, (2) the total pounds of carry-over

penalty free cotton, (3) the total pounds | ministration of the Act and then only of carry-over penalty cotton, (4) the in a suit or administrative hearing unproducer marketing quota for each pro- der Title III of the Act. (Sec. 373 (c), ducer on the farm, (5) the amount of 52 Stat. 65; 7 U.S.C., Sup., 1373 (c)) cotton marketed by each producer prior to the date of submitting this report, (6) the pounds of lint cotton marketed

by each producer subject to the penalty of 3 cents per pound and the pounds subject to the penalty of 2 cents per pound, (7) the amount of the money received from each producer in connection with the marketing of cotton, (8) the amount refunded to each producer, and (9) the pounds of lint cotton each producer has on hand which has not been marketed at the time of submitting the report. In the event the total production of cotton in 1939 on such farm is not marketed prior to March 1, 1940, the operator shall make on form Cotton 317 and file with the county committee an additional report of the information required by this paragraph after the total production of cotton in 1939 on such farm has been harvested and marketed or not later than August 1, 1940, whichever is the earlier. In addition, the operator of any farm shall, upon request of the county committee, furnish as a part of his report on form Cotton 317 the name and address of each buyer to whom he sold any cotton and the name and address of each ginner who ginned any cotton for him.† (Sec. 373 (b), 52 Stat. 65; 7 U.S.C., Sup., 1373 (b))

the duty of the county committee to re§ 722.160 Enforcement. It shall be port in writing to the State committee forthwith each case of failure or refusal to make any report or keep any record as required by §§ 722.119-722.160 and each case of making any false report or record. It shall be the duty of the State forthwith in writing, in triplicate, to the committee to report each such case United States Department of Agriculture with a view to the institution of proceedings by the United States Attorney for the appropriate district, under the direction of the Attorney General of the United States, to enforce the provisions of Title III of the Act.† (Sec. 376, 52 Stat. 66; 7 U.S.C., Sup., 1376)

Sec.

722.201

722.211

722.212
722.213

722.214
722.215

722.216
722.217
722.218

Subpart C-1940

PROCLAMATIONS

National cotton allotment for 1940.
MARKETING QUOTAS FOR THE

1940-1941 MARKETING YEAR

MISCELLANEOUS PROMISES AND

DEFINITIONS

Issuance of forms and instructions and definitions.

ALLOTMENTS AND YIELDS

National baleage allotment.

State baleage allotments and State acreage allotments.

County acreage allotments.

Apportionment of acreage allotments among established farms.

Apportionment of

Normal yields.

acreage allot

ments among new farms.

Applicability of detailed instruc

§ 722.201

tions.

PROCLAMATIONS

§ 722.159 Data to be kept confidential. Except as otherwise provided herein, all data reported to or acquired by the Secretary of Agriculture pursuant to and in the manner provided in §§ 722.119-722.160 shall be kept confidential by all officers and employees of the United States Department of Agriculture, members of county committees, other local committees, and State committees, county agents, and the employees of National cotton allotment such committees and of county agents' for 1940. The Secretary of Agriculoffices, and shall not be disclosed to ture of the United States of America, anyone not having an interest in or re-acting under and pursuant to, and by sponsibility for any cotton, farm, or transaction covered by the particular data, record, information, report, or form and only such data so reported or acquired as the Secretary of Agriculture deems relevant shall be disclosed by them to anyone not having such an interest or not being employed in the ad

virtue of, the authority vested in him by the Act of Congress known as the Agricultural Adjustment Act of 1938, as amended, upon the basis of the latest available statistics of the Federal Government, does hereby find, determine, and proclaim under sections 342, 343, and 345 of said Act (Secs. 342, 343, 345, 52

Stat. 56, 58, 203; 7 U.S.C., Sup., 1342, | §§ 722.211-722.218. Copies of such forms 1343, 1345):

(a) That the "total supply" of cotton as of August 1, 1939, was 25,550,000 running bales;

(b) That the "normal supply" of cotton as of August 1, 1939, was 18,200,000 running bales;

(c) That the "carry-over" of cotton as of August 1, 1939, was 14,150,000 running bales;

(d) That the "probable domestic consumption of American cotton" during the marketing year commencing August 1, 1939, is 7,000,000 running bales;

(e) That the "probable exports of American cotton" during the marketing year beginning August 1, 1939, is 6,000,000 running bales;

(f) That the estimated "carry-over" of cotton as of August 1, 1940, is 13,550,000 running bales;

(g) That the "total supply" of cotton for the marketing year begining August 1, 1939, exceeds by more than 7 per centum the "normal supply" of cotton for such marketing year; and

(h) That the national allotment of cotton for the calendar year beginning on January 1, 1940, shall be 10,000,000 standard bales of 500 pounds gross weight, increased by that number of standard bales of 500 pounds gross weight equal to the production in the calendar year 1940 of that number of acres required to be allotted for 1940 under the terms of section 344 (e) of said Act (52 Stat. 58, 203; 7 U.S.C., Sup., 1344 (e)), (Secs. 342, 343, 345, 52 Stat. 56, 58, 203; 7 U.S.C., Sup., 1342, 1343, 1345) [AAA Cotton 1940-1, Sept. 14, 1939; 4

F.R. 3911]

MARKETING QUOTAS FOR THE 1940-1941
MARKETING YEAR

MISCELLANEOUS PROVISIONS AND

DEFINITIONS

and necessary instructions shall be furnished free to persons needing them upon request made to the office of the appropriate county committee.

(b) Definitions. As used in §§ 722.211722.218 and in all forms and documents in connection therewith, unless the context or subject matter otherwise requires, the following terms shall have the following meanings and the masculine shall inIclude the feminine and neuter genders and the singular shall include the plural

number:

(1) Act. The Agricultural Adjustment Act of 1938 and any amendments thereto.

(2) Secretary of Agriculture. The Secretary of Agriculture of the United States.

(3) Administrator. The Administrator of the Agricultural Adjustment Administration of the United States Department of Agriculture.

(4) Regional director. The director of the division of the Agricultural Adjustment Administration in charge of the administration of sections 7 to 17, inclusive, of the Soil Conservation and Domestic Allotment Act (49 Stat. 1148), as amended (hereinafter referred to as the Soil Conservation and Domestic Allotment Act), in the region.

(5) Southern region. The area included in the States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, South Carolina, and Texas.

(6) East Central region. The area included in the States of Delaware, Kentucky, Maryland, North Carolina, Tennessee, Virginia, and West Virginia.

(7) Western region. The area inIcluded in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oregon, Utah, Washington, and Wyoming.

(8) North Central region. The area included in the States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Nebraska, Ohio, South Dakota, and Wisconsin.

§ 722.211 Issuance of forms and instructions and definitions—(a) Issuance of forms and instructions. The Administrator of the Agricultural Adjustment (9) State committee. The group of Administration shall cause to be prepared and issued with his approval such in- persons designated within any State to structions (as parts of the general series assist in the administration of the Soil referred to in § 722.218) and such Conservation and Domestic Allotment forms as may be required to carry out Act.

a county or community utilized under the from a producer.

Soil Conservation and Domestic Allot- (20) Transferee. A person who rement Act. "County committee," "com-ceives cotton from a producer by barter munity committee," or "local committee” or exchange. shall have corresponding meanings in the connection in which they are used.

(29) Normal production of any num- | 1940 is not in excess of the farm acreage allotment established therefor.

ber of acres. The normal yield per acre of lint cotton for the farm times such

(30) Cotton. Any cotton other than 1940 is in excess of the farm acreage long staple cotton.

(32) Lint cotton. The fiber taken marketed during the 1939-1940 marketfrom seed cotton by ginning.

(44) Carry-over penalty free cotton. The amount of cotton from any previous crop which a producer has on hand which, if marketed during the 1939-1940 marketing year, would not have been sub(35) Market. To dispose of by sale, ject to the penalty.† (Sec. 375, 52 Stat. barter, or exchange.