Page:United States Statutes at Large Volume 49 Part 1.djvu/779

 734 74Tx CONGRESS. SESS. I. CII. 623 . AUG UST 23, 1935 . Misconduct, etc., of (d) For any person employed, designated, or licensed by the Secre- offiei al. tary as an inspector, sampler, or weigher of tobacco under this Act knowingly to inspect, sample, or weigh improperly, or to issue any false certificate under this Act, or to accept money or other considera- tion, directly or indirectly, for any neglect or improper performance of duty as an inspector, sampler or weigher. Unduly influencing, (e) For any person improperly to influence or to attempt resisting, etc ., any in- spector, etc. improperly to influence or forcibly to assault, resist, impede, or inter- fere with any inspector, sampler, weigher, or other person employed, de signated, or lic ensed by the Sec retary i n the ex ecution of his duties Appeall or protest per- under this Act : Provided, however, That nothing herein shall operate ppeal mitred ° to prevent the owner of tobacco from appealing or protesting, in accordance with regulations of the Secretary, the grade certified for his tobacco. False representation. (f) For any person falsely to represent or otherwise indicate that he is authorized by the Secretary to inspect, sample, or weigh tobacco under this Act. Substitution, etc ., for inspect ed tob acco. (g) For any person to substitute, or attempt to substitute, follow- g ing inspection or sampling or weighing under this Act, other tobacco for tobacco actually inspected or sampled or weighed, or in the case of tobacco inspected in auction warehouses for any person not so authorized by the Secretary to remove any certificate of grade from any lot of tobacco prior to the sale of such lot. False statements. (h) For any person falsely to represent that tobacco has been inspected, sampled, or weighed under this Act ; or knowingly to have made any false representation concerning tobacco inspected under this Act ; or knowing that tobacco is to be offered for inspection or sampling under this Act to load, pack, or arrange such tobacco in such manner as knowingly to conceal foreign matter or tobacco of inferior grade, quality, or condition ; or for any person knowing that tobacco has been so loaded, packed, or arranged, to offer it for inspec- tion or sampling without disclosing such knowledge to the inspector or sampler before inspection or sampling. Altering official sam- (i) For any person willfully to alter an official sample of tobacco ples. by removing or plucking leaves or otherwise, or for any person knowing that an official sample of tobacco has been so altered, there- after to represent such sample as an official sample. p there- Violati ons d. may be SEC. 11 . The Secretary is authorized to publish the facts regarding any viol ation of this Ac t. Punishm ent. SEC. 12. That any person violating any provision of sections 5 and 10 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000, or imprisoned not more than one year, or both. Corpora tions, etc . SEc. 13 . In construing and enforcing the provisions of this Act ; Responsibility for acts of em ployee s y the act ; 1 omission, or failure of any agent, officer, or other person acting for or employed by an association, partnership, corporation, or firm, within the scope of his employment or office, shall be deemed to be the act, om ission, or failu re of th e associ ation, partners hip, cor - poration, or firm, as well as that of the person. to effectuate Rv le purposes regulations SEc. 14 . That the Secretary is authorized to make such rules and ofAct. regulations and hold such hearings as he may deem necessary to Cooperation with other agencies effectuate the purposes of this Act and may cooperate with any other . Department or agency of the Government ; any State, territory, district, or possession, or department, agency, or political subdivision thereof ; purchasing and consuming organizations, boards of trade, chambers of commerce, or other associations of business men or trade organizations ; or any person, whether operating in one or more juris- Personnel. dictions in carrying on the work herein authorized ; and he shall have the power to appoint, suspend, remove, and fix the compensation ISo in original.