TITLE 7 - AGRICULTURE

CHAPTER 25 - EXPORT STANDARDS FOR APPLES AND PEARS

§ 581. Standards of export; establishment; shipping without certificate forbidden; hearings.

§ 582. Notice of establishment of standards; shipments under contracts made before adoption of

standards.

§ 583. Foreign standards; certification of compliance.

§ 584. Shipments of less than carload lots; exemptions.

§ 585. Fees for inspection and certification; certificates as prima facie evidence.

§ 586. Refusal of certificates for violations of laws; penalties for violations.

§ 587. Rules and regulations; cooperation with other agencies; compensation of officers and

employees; effect on other laws.

§ 588. Separability.

§ 589. Definitions.

§ 590. Authorization of appropriations.
 
 
 
 

§ 581. Standards of export; establishment; shipping without certificate forbidden; hearings
 
 

It shall be unlawful for any person to ship or offer for shipment or for any carrier, or any steamship

company, or any person to transport or receive for transportation to any foreign destination, except

as provided in this chapter, any apples and/or pears in packages which are not accompanied by a

certificate issued under authority of the Secretary of Agriculture showing that such apples or pears

are of a Federal or State grade which meets the minimum of quality established by the Secretary for

shipment in export. The Secretary is authorized to prescribe, by regulations, the requirements, other

than those of grade, which the fruit must meet before certificates are issued. The Secretary shall

provide opportunity, by public hearing or otherwise, for interested persons to examine and make

recommendation with respect to any standard of export proposed to be established or designated,

or regulation prescribed, by the Secretary for the purposes of this chapter.
 
 

§ 582. Notice of establishment of standards; shipments under contracts made before

adoption of standards
 
 

The Secretary shall give reasonable notice through one or more trade papers of the effective date of

standards of export established or designated by him under this chapter: Provided, That any apples

or pears may be certified and shipped for export in fulfillment of any contract made within six months

prior to the date of such shipment if the terms of such contract were in accordance with the grades

and regulations of the Secretary in effect at the time the contract was made.
 
 

§ 583. Foreign standards; certification of compliance
 
 

Where the government of the country to which the shipment 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 designated hereunder inspect and

certify for determination as to compliance with the standards or requirements of such foreign

government and may provide for special certificates in such cases.
 
 

§ 584. Shipments of less than carload lots; exemptions
 
 

Apples or pears in less than carload lots as defined by the Secretary may, in his discretion, be

shipped to any foreign country without complying with the provisions of this chapter.
 
 

§ 585. Fees for inspection and certification; certificates as prima facie evidence
 
 

For inspecting and certifying the grade, quality, and/or 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 cost

of the service rendered: Provided, That when cooperative arrangements satisfactory to the

Secretary, or his designated representative, for carrying out the purposes of this chapter 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 maintenance of motor-propelled passenger-carrying vehicles shall not be applicable: Provided

further, That certificates issued by the authorized 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.
 
 

§ 586. Refusal of certificates for violations of laws; penalties for violations
 
 

After opportunity for hearing the Secretary is authorized to refuse the issuance of certificates under

this chapter for periods not exceeding ninety days to any person who ships or offers for shipment

any apples and/or pears in foreign commerce in violation of any of the provisions of this chapter.

Any person or any common carrier or any transportation agency knowingly violating any of the

provisions of this chapter shall be fined not less than $100 nor more than $10,000 by a court of

competent jurisdiction.
 
 

§ 587. Rules and regulations; cooperation with other agencies; compensation of officers

and employees; effect on other laws
 
 

The Secretary may make such rules, regulations, and orders as may be necessary to carry out the

provisions of this chapter, and may cooperate with any department or agency of the Government,

any State, Territory, District, or possession, or department, agency, or political subdivision thereof,

or any person, whether operating in 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 outside the District of Columbia, printing, binding, telegrams,

telephones, law books, books of reference, publications, furniture, stationery, office equipment,

travel, and other supplies and expenses, including reporting services, as shall be necessary to the

administration of this chapter in the District of Columbia and elsewhere, and as may be appropriated

for by Congress. This chapter shall not abrogate nor nullify any other statute, whether State or

Federal, dealing with the same subjects as this chapter; but it is intended that all such statutes shall

remain in full force and effect except insofar as they are inconsistent herewith or repugnant hereto.
 
 

§ 588. Separability
 
 

If any provision of this chapter or the application thereof to any person or circumstances is held

invalid, the validity of the remainder of the chapter and of the application of such provision to other

persons and circumstances shall not be affected thereby.
 
 

§ 589. Definitions
 
 

When used in this chapter -
 
 

(1) The term "person" includes individuals, partnerships, corporations, and associations.

(2) The term "Secretary of Agriculture" means the Secretary of Agriculture of the United

States.

(3) Except as provided herein, the term "foreign commerce" means commerce between any

State, or the District of Columbia, and any place outside of the United States or its

possessions.

(4) The term "apples and/or pears" means fresh whole apples or pears, whether or not they

have been in storage.
 
 

§ 590. Authorization of appropriations
 
 

There are authorized to be appropriated such sums as may be necessary for the administration of

this chapter.