Page:United States Statutes at Large Volume 49 Part 1.djvu/777

 732 74 TH CONGRESS. SESS. I. CIT. 623 . AUGU ST 23, 1935. the use of uniform standards of classification and inspection impera- tive for the protection of producers and others engaged in commerce and t he p ublic int erest the rein. Investigations au- tho SEC. 3 . That the Secretary is authorized to investigate the sorting etean handling, conditioning, insection, and marketing of tobacco from ficial cial standards. Dtern nofof- time to time, and to es tablish standards for tob acco by which its type, grade, size, condition, or other characteristics may be determined, which standards shall be the official standards of the United States, and shall become effective immediately or upon a date specified by Provi so. the Secretar Prov id Tentative standards ed That the Secretary may issue tentative authorized. standards for tobacco prior to the establishmnt of fficial standards Modifications . therefor, and he may modify any standards e sta bli shed un der authority of this Act whenever, in his judgment, such ac tion is advisable. Demonstration of of- SEC. 4 . That the Secretary is authorized to demonstrate the official ficial standards, sa m- ples, etc . stand ards ; to prepare a nd distribute, upon reque st, samples, illustra- tions, or sets thereof ; and to make reasonable charges therefor : Proviso. Provided That in no event shall charges be in excess of the cost of Charg es th erefo r. I said samples, ill ustrations, and services so rendered. Auction marke ts ; SEC. 5. That the Secretary is authorized to designate those auction designation of. ~' markets where tobacco bought and sold thereon at auction, or the products customarily manufactured therefrom, moves in commerce. Referendum of sell- 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 market- ing 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- Determ ination of eli- thirds of the growers voting favor it. The Secretary shall have gi baity to v ote. access to the tobacco records of the Collector of Internal Revenue and of th e several collectors of i nternal revenue for the pu rpose of obtain- ing 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 Insp ection an d certi- grower shall be eligible to vote in more than one referendum. After to sales of tobacco prior 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 certi fied by a n au thori zed repre sent ative of the S ecre tary acco rding to Temporary eme r- the standards established under this Act, except that the Secretary gency waiver allowed. may temporarily suspend the requirement of inspection and certifica- tion at any designated market whenever he finds it impracticable to provide for such inspection and certification because competent in- spectors are not obtaina ble or because the quantit y of tobacco available Proviso . for inspection is insufficient to justify the cost of such service : Pro- Inability to provide insp ectio n. vide d, T hat, in the event competen t inspectors are not avai lable, 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 No inspection fee to may be served with the facilities available to him. No fee or charge be charged . shall be imposed or coll ected for inspection or ce rtification under this Right to prevent section at any designated auction market. Nothing contained in this transactions. Act shall be construed to prevent transactions in tobacco at markets not designated by the Secretary or at designated markets where the Secretary has suspended the requirement of inspection or to authorize the Secretary to close any market. weighing, etcSghin etcpection ., upon , SEC. 6. That the Secretary, independently or in cooperation with req uest. other branches of the Government, State agencies, or persons, whether operating in one or more jurisdictions, is authorized to employ and/or