§ 511d. — Designation of markets; manner; inspection and related services; fees and charges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC511d]
TITLE 7--AGRICULTURE
CHAPTER 21A--TOBACCO INSPECTION
Sec. 511d. Designation of markets; manner; inspection and
related services; fees and charges
The Secretary is authorized to designate those auction markets where
tobacco bought and sold thereon at auction, or the products customarily
manufactured therefrom, moves in commerce. Before any market is
designated by the Secretary under this section he shall determine by
referendum the desire of tobacco growers who sold tobacco at auction on
such market during the preceding marketing season. The Secretary may at
his discretion hold one referendum for two or more markets or for all
markets in a type area. No market or group of markets shall be
designated by the Secretary unless two-thirds of the growers voting
favor it. The Secretary shall have access to the tobacco records of the
Collector of Internal Revenue and of the several collectors of internal
revenue for the purpose of obtaining the names and addresses of growers
who sold tobacco on any auction market, and the Secretary shall
determine from said records the eligibility of such grower to vote in
such referendum, and no grower shall be eligible to vote in more than
one referendum. After public notice of not less than thirty days that
any auction market has been so designated by the Secretary, no tobacco
shall be offered for sale at auction on such market until it shall have
been inspected and certified by an authorized representative of the
Secretary according to the standards established under this chapter,
except that the Secretary may temporarily suspend the requirement of
inspection and certification at any designated market whenever he finds
it impracticable to provide for such inspection and certification
because competent inspectors are not obtainable or because the quantity
of tobacco available for inspection is insufficient to justify the cost
of such service: Provided, That, in the event competent inspectors are
not available, or for other reasons, the Secretary is unable to provide
for such inspection and certification at all auction markets within a
type area, he shall first designate those auction markets where the
greatest number of growers may be served with the facilities available
to him. The Secretary shall by regulation fix and collect fees and
charges for inspection and certification, the establishment of
standards, and other services under this section at designated auction
markets. The fees and charges authorized by this section shall, as
nearly as practicable, cover the costs of the services, including the
administrative and supervisory costs customarily included by the
Secretary in user fee calculations. The fees and charges, late payment
penalties, and interest earned from the investment of such funds, when
collected, shall be credited to the current appropriation account that
incurs the cost and shall be available without fiscal year limitation to
pay the expenses of the Secretary incident to providing services under
this chapter. Any funds realized from the collection of fees or charges
authorized under this section and section 511e of this title and
credited to the current appropriation account incurring the cost of
services provided under this section and section 511e of this title,
late payment penalties, and interest earned from the investment of such
funds may be invested by the Secretary in insured or fully
collateralized, interest-bearing accounts or, at the discretion of the
Secretary, by the Secretary of the Treasury in United States Government
debt instruments. Any income realized from this activity may be used to
pay the expenses of the Secretary of Agriculture incident to providing
services under this chapter or reinvested in the manner authorized in
the preceding sentence. The fees and charges authorized in this section
shall be assessed against the warehouse operator, irrespective of
ownership or interest in the tobacco, and shall be collected by the
warehouse operator from the sellers of the tobacco. The inspection and
related services under this section shall be suspended or denied if the
warehouse operator fails to collect or otherwise pay the fees and
charges imposed under this section. Tobacco inspection or certification
services provided to designated auction markets shall take precedence
over such services, other than reinspection, requested under the
authority contained in section 511e of this title or any other provision
of law. In accordance with the Federal Advisory Committee Act, the
Secretary shall establish a national advisory committee of tobacco
producers, and advisory subcommittees for each major kind of tobacco, to
advise the Secretary with regard to the level of inspection and related
services and the fees and charges therefor. The advisory committee and
subcommittees established under this section shall be of permanent
duration. The committees shall meet at the call of the Secretary.
(Aug. 23, 1935, ch. 623, Sec. 5, 49 Stat. 732; Pub. L. 97-35, title I,
Sec. 157(a)(1), Aug. 13, 1981, 95 Stat. 374; Pub. L. 99-272, title I,
Sec. 1111, Apr. 7, 1986, 100 Stat. 99.)
References in Text
The Federal Advisory Committee Act, referred to in text, is Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the
Appendix to Title 5, Government Organization and Employees.
Amendments
1986--Pub. L. 99-272 inserted ``late payment penalties, and interest
earned from the investment of such funds,'' in ninth sentence,
substituted ``The fees and charges authorized in this section shall be
assessed'' for ``Such fees and charges shall be assessed'', and inserted
provision relating to the investment of any funds realized from
collection of fees or charges in insured or fully collateralized,
interest-bearing accounts or in United States Government debt
instruments, the income therefrom to be used to pay expenses incident to
providing services under this chapter or reinvested.
1981--Pub. L. 97-35 substituted provisions requiring the Secretary
to fix and collect fees and charges for inspection, certification,
establishment of standards, and other services at designated auction
markets, for provisions prohibiting imposition or collection of fees or
charges for inspection or certification at markets.
Effective Date of 1981 Amendment
Section 157(b) of Pub. L. 97-35 provided that: ``The provisions of
this section [amending this section and section 511e of this title]
shall become effective October 1, 1981.''
Abolition of Offices and Transfer of Functions
Offices of Internal Revenue Collector and Deputy Collector abolished
by 1952 Reorg. Plan No. 1, Sec. 1, eff. Mar. 14, 1952, 17 F.R. 2243, 66
Stat. 823, set out in the Appendix to Title 5, Government Organization
and Employees, and by section 2 thereof a new office of district
commissioner of internal revenue established. Section 4 of the Plan
transferred all functions, that had been vested by statute in any
officer or employee of Bureau of Internal Revenue since effective date
of 1950 Reorg. Plan No. 26, Secs. 1, 2, 15 F.R. 4935, 64 Stat. 1280,
1281, to Secretary of the Treasury.
Section Referred to in Other Sections
This section is referred to in sections 511e, 511k of this title.
