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7 U.S.C. § 54Classification by Department of Agriculture; certification thereof; effect of certificate; regulations for classification

submitted 103 years ago by ch. 288 to r/title-7-AGRICULTURE · 185 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets cotton owners ask the Department of Agriculture to officially classify their cotton. The department's certificate is binding on federal officers and counts as strong evidence in federal court. Samples must be numbered so classifiers don't know whose cotton they're grading.

This section lets people get official cotton classifications from the Department of Agriculture. Anyone who has custody of cotton, or a financial interest in it, can submit the cotton, or samples of it, to designated officers of the Department of Agriculture. The samples must be drawn following the Secretary of Agriculture's rules. The officers determine the cotton's true classification. If requested, they will also compare the samples to standard types or other samples. The Department's final certificate showing this determination is binding on U.S. government officers. It's also accepted in U.S. courts as prima facie evidence, meaning it counts as proof unless disproven, of the cotton's true classification or comparison, whenever that classification matters in a business transaction or shipment. The Secretary of Agriculture must set rules for submitting cotton samples. Those rules must require that every sample be numbered, so that no classifier grading the samples knows which person or company has an interest in that particular sample.
the actual law source: uscode.house.gov ↗public domain

Any person who has custody of or a financial interest in any cotton may submit the same or samples thereof, drawn in accordance with the regulations of the Secretary of Agriculture, to such officer or officers of the Department of Agriculture, as may be designated for the purpose pursuant to the regulations of the Secretary of Agriculture for a determination of the true classification of such cotton or samples, including the comparison thereof, if requested, with types or other samples submitted for the purpose. The final certificate of the Department of Agriculture showing such determination shall be binding on officers of the United States and shall be accepted in the courts of the United States as prima facie evidence of the true classification or comparison of such cotton or samples when involved in any transaction or shipment in commerce. The Secretary of Agriculture shall fix rules and regulations for submitting samples of cotton for classification providing that all samples shall be numbered so that no one interested in the transaction involved shall be known by any classifier engaged in the classification of such cotton samples.

Source credit: (Mar. 4, 1923, ch. 288, § 4, 42 Stat. 1517.)

history & why it existsrecord from the source credit
  • 1923Enacted · Act of Mar. 4, 1923, ch. 288 · 42 Stat. 1517

A history note hasn’t been published yet. The record shows enactment by ch. 288 on 1923-03-04.

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