Page:United States Statutes at Large Volume 49 Part 1.djvu/776

 74TH CONGRESS. SESS. I. CH. 623. AUGUST 23, 1935 . 731 [CH APTE R 623 .] AN ACT August 23, 1935 . To esta blish and promote the use of standards of classification for tobacco, to	[H. R. 8026 .] pr ovi de and maintain an off ici al to bac co in spe cti on se rvi ce, and for other [Public, No.314.] purposes. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That when used Tob ac co In spe cti on in this Act- Act. Definitions. (a) " Person " includes partnerships, associations, and corpora- "Person ." tions, as well as individuals. (b) " Secretary " means the Secretary of Agriculture of the United "Secretary ." States. (c) " Inspector " means any person employed, licensed, or author- "Inspector ." ized by the Secretary to determine and certify the type, grade, con- dition, o r other charac teristics of tobacco. (d) " Sampler " means any person employed, licensed, or author- "Sampler ." ized b y the Se cretary to selec t, tag, and seal officia l sample s of tobacco. (e) " Wei gher " me ans any person e mployed, license d, or au thor- "Weigher. " ized by the Secretary to weigh and certify the weight of tobacco. (f) "Tobacco " means tobacco in its unmanufactured form. "Tobacco. " (g) "Auction market " means a market or place to which tobacco "Auct ion market ." is delivered by the producers thereof, or their agents, for sale at auct ion th rough a war ehouse man or commi ssion merch ant. (h) Words in the singular form shall be deemed to import the The singular form to den ote plur al when plural form when necessary. nec essa ry. (i ) "Com merce" means comm erce b etween any State, Terri tory, "Commerce ." or possession, or the District of Columbia, and any place outside thereof ; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place out- sid e th ereo f ; or within any Territory or possession, or the Dist rict of Columbia. For the purposes of this Act (but not in any wise limit- ing the f oregoing defin ition) a tran saction in re spect to tobac co shall be considered to be in commerce if such tobacco is part of that cur- rent of commerce usual in the tobacco industry whereby tobacco or products manufactured therefrom are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all ca ses wher e purcha se or sa le is ei ther for shipmen t to ano ther State or for m anufactu re withi n the St ate and the ship ment out side the State of the products resulting from such manufacture. Tobacco normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the pro- visions of this Act. For the purpose of this paragraph the word "State ." " State " includes Territory, the District of Columbia, possession of the United States, and foreign nations. SEC. 2. That transactions in tobacco involving the sale thereof at Declaration of nec es- auct ion as c ommonly conducte d at auc tion mar kets are affecte d with sity of regulation. a public interest ; that such transactions are carried on by tobacco prod ucers ge nerally and by p ersons e ngaged i n the bu siness o f buy- ing and se lli ng tobacco in commerce ; that the classification of to 3acco according to type, grade, and other characteristics affects the prices received therefor by producers ; that without uniform standards of classification and inspection the evaluation of tobacco is susceptible to speculation, manipulation, and control, and unreason- able fluctuations in prices and quality determinations occur which are detr imental to produ cers and persons handlin g tobacc o in com merce that such fluctuations constitute a burden upon commerce and make