Page:United States Statutes at Large Volume 48 Part 1.djvu/150

 124 73d CONGRESS. SESS. I. CH. 59. JUNE 10, 1933 . Standards or require- SEC. 3 . Where the government of the country to which the ship- ments of foreign gov- ernments. relent is to be made has standards or requirements as to condition of apples or pears the Secretary may in addition to inspection and certification for compliance with the standards established or desig- Inspection to deter- na ted h ereu nder inspe ct an d ce rtify for dete rmina tion as to com - tnine compliance. pliance with the standards or requirements of such foreign govern- ment and may provide for special certificates in such cases. Shipments less than SEC. 4. Apples or pears in less than carload lots as defined by the carload lots. Se cretar y may, in hi s disc retion, be s hipped to any forei gn cou ntry without complying with the provisions of this Act. Fees for inspection, SEC. 5 . For inspecting and certifying the grade, quality, and/or etc. condition of apples and/or pears the Secretary shall cause to be collected a reasonable fee which shall as nearly as may be cover the Provisos. cost of the service rendered : Pro vided , That when coopera tive Availability. arrangements satisfactory to the Secretary, or his designated repre- sentative, for carrying out the purposes of this Act cannot be made the fees collected hereunder in such cases shall be available until expended to defray the cost of the service rendered, and in such cases the limitations on the amounts expended for the purchase and main- tenance of motor-propelled passenger-carrying certificates as evidence . ~ vehicles shall not be admissabii applicable : Provided further' That certificates issued by the author- ized agents of the United States Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained. Refusal to issue cer- SEC. 6. After opportunity for hearing the Secretary is authorized tifteates if unlawful shipments made. to refuse the issuance of certificates under this Act or periods not exceedinninety days to any person who ships or offers for ship- t, any apples and/or pears in foreign commerce in violation of Penalty for vio la- any of the provisions of this Act. Any person or any common car- tions. rier or any transportation agency knowingly violating any of the provisions of this Act shall be fined not less than $100 nor more than $10,000 by a court of competent jurisdiction. Rules, etc ., by Sec re- SEC. 7. The Secre tary m ay mak e such rules, regu lations , and orders tars. as may be necessary to carry out the provisions of this Act, and may cooperate with any department or agency of the Government, any Coopevation with State, Territory, District, or possession, or department, agency, or States, etc' political subdivision thereof, or any person, whether operating in Appointment , etcof °tli- eel s one or more jurisdictions ; and shall have the power to appoint, . remove, and fix the compensation of such officers and employees not in conflict with existing law, and make such expenditures for rent Expenditur es for outside the District of Columbia, printing, binding, telegrams, tele- printing and binding, I, g> > etc. phones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses inclu ding r eporti ng ser vices, as sh all be necess ary to the a dminis - tration of this Act in the District of Columbia and elsewhere, and as Statutes dealing with may be appropriated for by Congress. This Act shall not abrogate same subje cts not a bro- gated. nor nullify any other statute, whether State or Federal, dealing with the same subjects as this Act ; but it is intended that all such statutes shall remain in full force and effect except in so far as they are inconsistent herewith or repugnant hereto. Separability of act. SE C. 8. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Terms construed. SEC. 9. That when used in this Act- "Person " ( 1) The term " person " includes individuals, partnerships, corpor- ations, and associations. "Secretary of Agri- (2) The term " Secretary of Agriculture " means the Secretary culture ." of Agriculture of the United States.