U.S. Code » Title 7 » Chapter CHAPTER 21A— TOBACCO INSPECTION

7 U.S.C. § 511

Definitions

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When used in this chapter—(a) “Person” includes partnerships, associations, and corporations, as well as individuals.(b) “Secretary” means the Secretary of Agriculture of the United States.(c) “Inspector” means any person employed, licensed, or authorized by the Secretary to determine and certify the type, grade, condition, or other characteristics of tobacco.(d) “Sampler” means any person employed, licensed, or authorized by the Secretary to select, tag, and seal official samples of tobacco.(e) “Weigher” means any person employed, licensed, or authorized by the Secretary to weigh and certify the weight of tobacco.(f) “Tobacco” means tobacco in its unmanufactured form.(g) “Auction market” means a market or place to which tobacco is delivered by the producers thereof, or their agents, for sale at auction through a warehouseman or commission merchant.(h) Words in the singular form shall be deemed to import the plural form when necessary.(i) “Commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. For the purposes of this chapter (but not in any wise limiting the foregoing definition) a transaction in respect to tobacco shall be considered to be in commerce if such tobacco is part of that current of commerce usual in the tobacco industry whereby tobacco or products manufactured therefrom are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State or for manufacture within the State and the shipment outside the State of the products resulting from such manufacture. Tobacco normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter. For the purpose of this paragraph the word “State” includes Territory, the District of Columbia, possession of the United States, and foreign nations.(Aug. 23, 1935, ch. 623, § 1, 49 Stat. 731.)
Notes of Decisions
Cited in 33 cases, 1937–2018 · leading case: Ass'n of Am. Railroads v. U.S. Dep't of Transp., 896 F.3d 539 (D.C. Cir. 2018).
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Ass'n of Am. Railroads v. U.S. Dep't of Transp., 896 F.3d 539 (D.C. Cir. 2018). · cites it 2× “Wallace, the Tobacco Inspection Act of 1935, 7 U.S.C. §§ 511 et seq., delegated to the Secretary of Agriculture the authority to set standards for various classes of tobacco that would affect the commodity’s market pricing.”
Campbell v. Hussey, 368 U.S. 297 (1962). · cites it 4× “731 , 7 U. S. C. § 511 , and in its declaration of purpose, § 2, 7 U.”
Wallace v. Currin, 95 F.2d 856 (4th Cir. 1938). · cites it 3× “This is an appeal from a decree enjoining officials of the Department of Agriculture and the United States Attorney for the Eastern District of North Carolina from enforcing the provisions of the Tobacco Inspection Act of August 23, 1935, 7 U.S.C.A. § 511 et seq. The appellees,…”
B. B. Rogers v. Douglas Tobacco Bd. of Trade, Inc., 266 F.2d 636 (5th Cir. 1959). · cites it 2× “Coming more specifically to the particular transactions involved in this case, the Tobacco Inspection Act of 1935, 7 U.S.C.A. § 511 et seq., and the decision of the Supreme Court upholding the constitutionality of that Act, Currin v.”
Vermilya-Brown Co. v. Connell, 335 U.S. 377 (1948). · cites it 2× “731 , 7 U S. C. § 511 (i); 30 Stat. 544 , as amended, 11 U.”
Walling v. Goldblatt Bros., 128 F.2d 778 (7th Cir. 1942). “731 , 7 U.S. C.A. § 511; Agricultural Marketing Act of 1937, 50 Stat.”
Mitchell v. Block, 551 F. Supp. 1011 (W.D. Va. 1982). · cites it 2× “The rules were promulgated under the Tobacco Inspection Act of 1935, 7 U.S.C. § 511 (1976). II. CONCLUSIONS OF LAW There are two basic issues before the court at this time.”
Rudolph O. Schneider, Jr. & Steven Vitale v. United States, 459 F.2d 540 (8th Cir. 1972). “441 (1939) (upholding the Tobacco Inspection Act, 7 U.S.C. § 511 , which provided that in case the Secretary of Agriculture was unable to inspect all market areas, he should inspect those areas where the greatest number of growers could be served, with the result that some…”
Barton v. Bergland, 444 F. Supp. 447 (E.D. Ky. 1978). · cites it 2× “However, the defendant, Secretary of Agriculture (hereinafter “Secretary”), pursuant to the authority given him in the Tobacco Inspection Act (hereinafter the “Act”), 7 U.S.C. § 511 et seq., has promulgated regulations in 7 C.”
Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v. United States, 259 F. Supp. 2d 783 (W.D. Wis. 2003). “For example, it affirmed the constitutionality of the Tobacco Inspection Act, 7 U.S.C. § 511 (d), which allowed the Secretary of Agriculture to designate certain tobacco auctions as interstate tobacco markets, contingent on the concurrence of at least two-thirds of the affected…”
Double-Eagle Lubricants, Inc. v. State of Texas, 248 F. Supp. 515 (N.D. Tex. 1965). “’ ” No such clear statement of Congressional intent of uniform federal standards is found in the Federal Trade ■Commission Act.”
Lazar v. Benson, 156 F. Supp. 259 (E.D.S.C. 1957). · cites it 2× “The grading of tobacco, under the Tobacco Inspection Act ( 7 U.S.C.A. § 511 et seq.), is based entirely on characteristics visible to the naked eye and the presence or absence of flavor and aroma is not a grading factor and cannot be *263 established as a factor in the…”
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