the judgment of the Secretary, accomplish the purpose of sections 439-439e of this title.

Such plants may be operated in the furtherance of any authorized activities of the Department of Agriculture, and any lease, or other arrangement may be upon such terms and conditions as to result in the plant being operated for such purposes. (July 2, 1948, ch. 818, § 2, 62 Stat. 1234.)

§ 439b. Recommendations to Congress for discontinuance of plants. -Whenever the Secretary finds that the operation of any plant or plants as provided in sections 439-439e of this title is no longer necessary or desirable, he shall report such fact to Congress with his recommendations for the disposition thereof. (July 2, 1948, ch. 818, § 3, 62 Stat. 1235.)

§ 439c. Construction of additional facilities; acquisition of property; incurment of expense; rules and regulations. For the purposes of sections 439-439e of this title, the Secretary of Agriculture is authorized (a) to construct and provide additional facilities and equipment necessary to the operation of such plants, and to maintain, repair, and alter such plants; (b) to acquire property or rights or interest therein by purchase, lease, gift, transfer, condemnation, or otherwise; (c) to incur necessary administrative expenses, including personal services; and (d) to make such rules and regulations as may be necessary to carry out the purposes of sections 439-439e of this title. (July 2, 1948, ch. 818, § 4, 62 Stat. 1235.)

§ 439d. Assumption of obligations of R. F. C. covering Muscatine, Iowa, plant.-The Secretary of Agriculture shall assume all obligations of the Reconstruction Finance Corporation covering operations of the Muscatine, Iowa, plant, equipment, facilities, and appurtenant property outstanding at the date of transfer. (July 2, 1948, ch. 818, § 5, 62 Stat. 1235.)

§ 439e. Appropriations; availability of other appropriations.-There are authorized to be appropriated for the purposes of sections 439439e of this title such sums as the Congress may from time to time. determine to be necessary. Also, the Secretary is authorized to use such sums from other appropriations or funds available to the bureaus, corporations, or agencies of the Department of Agriculture as he may deem necessary for expenses in connection with maintaining these plants in standby condition while not under lease. (July 2, 1948, ch. 818, § 6, 62 Stat. 1235.)

8 440. Reimbursement of appropriations available for classing or grading agricultural commodities without charge.-On and after June 29, 1949, appropriations available for classing or grading any agricultural commodity without charge to the producers thereof may be reimbursed from nonadministrative funds of the Commodity Credit Corporation for the cost of classing or grading any such commodity for producers who obtain Commodity Credit Corporation price support. (June 29, 1949, ch. 280, Title I, § 101, 63 Stat. 344.)

Chapter 19.-COTTON STATISTICS AND ESTIMATES

§ 475. Cotton crop reports.-The Secretary of Agriculture shall discontinue making his reports based upon farmers' intention to plant

cotton and shall cause to be issued after August 8, 1946, only five reports, one as of August 1, one as of September 1, one as of October 1, one as of November 1, and one as of December 1, each of which shall state the condition and progress of the crop and the probable number of bales which will be ginned, these reports to be issued simultaneously with the cotton-ginning reports of the Bureau of the Census relating to the same dates, the two reports to be issued from the same place at 11 o'clock antemeridian of the eighth day following that to which the respective reports relate. When such date of release falls on Sunday, a legal holiday, or other day which pursuant to statute or Executive order is a nonworkday in the Department of Agriculture at Washington generally, the report shall be issued at 11 o'clock antemeridian of the next succeeding workday. No such report shall be approved and released by the Secretary of Agriculture until it shall have been passed upon by a cotton-crop reporting committee or board consisting of five members or more to be designated by him, not less than three of which shall be supervisory field statisticians of the Department of Agriculture located in different sections of the cotton-growing States, experienced in estimating cotton production and who shall have first hand knowledge of the condition of the cotton crop based upon recent field observations, and the majority of which committee or board shall be familiar with the methods and practices of producing cotton. (As amended Aug. 8, 1946, ch. 909, 60 Stat. 940.) Act Aug. 8, 1946, cited to text, amended section to provide for the issuing of releases on the next succeeding workday following any day which pursuant to an Executive order or statute is a nonworkday in addition to the same provisions relating to Sundays and legal holidays.

Chapter 23.-FOREIGN AGRICULTURAL SERVICE

§§ 541-545. Repealed. Aug. 13, 1946, ch. 957, Title XI, § 1131(56), 60 Stat. 1039.

Effective date.-Repeal of sections made effective three months following Aug. 13, 1946, by section 1141 of Act Aug. 13, 1946, ch. 957, Title XI, 60 Stat. 1040. Transfer of functions.-Functions of Foreign Agriculture Service had been transferred and consolidated with the State Department Foreign Service by 1939 Reorg. Plan No. II, § 1(a–c), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431, formerly set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

Chapter 26.-AGRICULTURAL ADJUSTMENT ACT
DECLARATION OF CONDITIONS AND POLICY

§ 602. Declaration of policy; establishment of base periods for prices; marketing standards.

(1) Through the exercise of the powers conferred upon the Secretary of Agriculture under sections 601-604 and 607-620 of this title, to establish and maintain such orderly marketing conditions for agricultural commodities in interstate commerce as will establish, as the prices to farmers, parity prices as defined by section 1301 (a) (1) of this title.

(3) Through the exercise of the powers conferred upon the Secretary of Agriculture under sections 601-608, 608a, 608b, 608c, 608d612, 613-619, 620, 623, and 624 of this title, to establish and maintain

such minimum standards of quality and maturity and such grading and inspection requirements for agricultural commodities enumerated in section 608c (2) of this title, other than milk and its products, in interstate commerce as will effectuate such orderly marketing of such agricultural commodities as will be in the public interest. (As amended Aug. 1, 1947, ch. 425, § 1, 61 Stat. 707; July 3, 1948, ch. 827, Title III, § 302 (a), 62 Stat. 1257.)

1948 Amendment.-Par. (1) amended by Act July 3, 1948, cited to text, to make the definition of "parity" conform to definition stated in section 1301(a) (1) of this title.

1947 Amendment.—Subsec. (3) added by Act Aug. 1, 1947, cited to text.

Effective date of 1948 amendment.-Amendment of section by Act July 3, 1948, effective as of Jan. 1, 1950, see note set out under section 1301 of this title. Termination of applicability to sugar.-Provisions of this section ceased to apply to sugar on Sept. 1, 1937, see section 1180 of this title.

COTTON OPTION CONTRACTS

§ 605. Repealed. June 30, 1947, ch. 166, Title II, § 206(d), 61 Stat. 208.

COMMODITY BENEFITS

§ 608b. Marketing agreements; exemption from antitrust laws.— In order to effectuate the declared policy of sections 601-608, 608a, 608b, 608c, 608d-612, 613, 614-619, 620, 623, 624 of this title, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful: Provided, That no such agreement shall remain in force after the termination of said sections. (As amended June 30, 1947, ch. 166, Title II, § 206(d), 61 Stat. 208.)

Reference in text.-Reference to sections 601, etc., in last sentence is a translation of "this Act". The last sentence first appeared in the Amendment by act Oct. 8, 1940, cited to text.

Act.

1947 Amendment.-Act June 30, 1947, cited to text, amended section by repealing provisions providing for loans from the Reconstruction Finance Corporation Termination of Applicability to Sugar.-Provisions of this section ceased to apply to sugar on Sept. 1, 1937. See section 1180 of this title.

§ 608c. Orders regulating handling of commodity.

(2) Commodities to which applicable.-Orders issued pursuant to this section shall be applicable only to the following agricultural commodities and the products thereof (except products of naval stores and the products of honeybees), or to any regional, or market classification of any such commodity or product: Milk, fruits (including filberts, almonds, pecans and walnuts but not including apples, other than apples produced in the States of Washington, Oregon, and Idaho, and not including fruits, other than olives, for canning or freezing), tobacco, vegetables (not including vegetables, other than asparagus, for canning or freezing), soybeans, hops, honeybees and naval stores

as included in sections 91-99 of this title and standards established thereunder (including refined or partially refined oleoresin).

(6) Other commodities; terms and conditions of orders.-In the case of fruits (including filberts, almonds, pecans and walnuts but not including apples, other than apples produced in the States of Washington, Oregon, and Idaho, and not including fruits, other than olives, for canning or freezing) and their products, tobacco and its products, vegetables (not including vegetables, other than asparagus, for canning or freezing) and their products, soybeans and their products, hops and their products, honeybees, and naval stores as included in sections 91-99 of this title and standards established thereunder (including refined or partially refined oleoresin), orders issued pursuant to this section shall contain one or more of the following terms and conditions, and (except as provided in subsection (7) of this section) no others:

(A) Limiting, or providing methods for the limitation of, the total quantity of any such commodity or product, or of any grade, size, or quality thereof, produced during any specified period or periods, which may be marketed in or transported to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, during any specified period or periods by all handlers thereof.

(B) Allotting, or providing methods for allotting, the amount of such commodity or product, or any grade, size, or quality thereof, which each handler may purchase from or handle on behalf of any and all producers thereof, during any specified period or periods, under a uniform rule based upon the amounts sold by such producers in such prior period as the Secretary determines to be representative, or upon the current quantities available for sale by such producers, or both, to the end that the total quantity thereof to be purchased, or handled during any specified period or periods shall be apportioned equitably among producers.

(C) Allotting, or providing methods for allotting, the amount of any such commodity or product, or any grade, size, or quality thereof, which each handler may market in or transport to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, under a uniform rule based upon the amounts which each such handler has available for current shipment, or upon the amounts shipped by each such handler in such prior period as the Secretary determines to be representative, or both, to the end that the total quantity of such commodity or product, or any grade, size, or quality thereof, to be marketed in or transported to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, during any specified period or periods shall be equitably apportioned among all of the handlers thereof.

(D) Determining, or providing methods for determining, the existence and extent of the surplus of any such commodity or product,

or of any grade, size, or quality thereof, and providing for the control and disposition of such surplus, and for equalizing the burden of such surplus elimination or control among the producers and handlers thereof.

(E) Establishing or providing for the establishment of reserve pools of any such commodity or product, or of any grade, size, or quality thereof, and providing for the equitable distribution of the net return derived from the sale thereof among the persons beneficially interested therein.

(F) Requiring or providing for the requirement of inspection of any such commodity or product produced during specified periods and marketed by handlers.

(G) In the case of hops and their products, in addition to, or in lieu of, the foregoing terms and conditions, orders may contain one or more of the following:

(i) Limiting, or providing methods for the limitation of, the total quantity thereof, or of any grade, type, or variety thereof, produced during any specified period or periods, which all handlers may handle in the current of or so as directly to burden, obstruct, or affect interstate or foreign commerce in hops or any product thereof.

(ii) Apportioning, or providing methods for apportioning, the total quantity of hops of the production of the then current calendar year permitted to be handled equitably among all producers in the production area to which the order applies upon the basis of one or more or a combination of the following: The total quantity of hops available or estimated will become available for market by each producer from his production during such period; the normal production of the acreage of hops operated by each producer during such period upon the basis of the number of acres of hops in production, and the average yield of that acreage during such period as the Secretary determines to be representative, with adjustments determined by the Secretary to be proper for age of plantings or abnormal conditions affecting yield; such normal production or historical record of any acreage for which data as to yield of hops are not available or which had no yield during such period shall be determined by the Secretary on the basis of the yields of other acreage of hops of similar characteristics as to productivity, subject to adjustment as just provided for.

(iii) Allotting, or providing methods for allotting, the quantity of hops which any handler may handle so that the allotment fixed for that handler shall be limited to the quantity of hops apportioned under preceding section (ii) to each respective producer of hops; such allotment shall constitute an allotment fixed for that handler within the meaning of subsection (5) of section 608a of this title.

(9) Orders with or without marketing agreement.-Any order issued pursuant to this section shall become effective in the event that, notwithstanding the refusal or failure of handlers (excluding cooperative associations of producers who are not engaged in processing, distributing, or shipping the commodity or product thereof covered by such order) of more than 50 per centum of the volume of the commodity or product thereof (except that as to citrus fruits produced in any area producing what is known as California citrus fruits