Transactions in tobacco involving the sale thereof at auction as commonly conducted at auction markets are affected with a public interest; such transactions are carried on by tobacco producers generally and by persons engaged in the business of buying and selling tobacco in commerce; the classification of tobacco according to type, grade, and other characteristics affect the prices received therefor by producers; without uniform standards of classification and inspection the evaluation of tobacco is susceptible to speculation, manipulation, and control, and unreasonable fluctuations in prices and quality determinations occur which are detrimental to producers and persons handling tobacco in commerce; such fluctuations constitute a burden upon commerce and make the use of uniform standards of classification and inspection imperative for the protection of producers and others engaged in commerce and the public interest therein.
Notes of Decisions
Campbell v. Hussey, 368 U.S. 297 (1962).
· cites it 4× “§ 511 , and in its declaration of purpose, § 2, 7 U. S. C. § 511a, stated: ". . . the classification of tobacco according to type, grade, and other characteristics affects the prices received therefor by producers; without uniform standards of classification and inspection the…”
Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132 (1963).
“" 7 U. S. C. § 511a. The legislative history was replete with references to a need for "uniform" or "official" standards, which could harmonize the grading and inspection of tobacco at all markets throughout the country.”
Asheville Tobacco Bd. of Trade, Inc., a Corp. v. Fed. Trade Comm'n, 263 F.2d 502 (4th Cir. 1959).
“However, Congress has declared : “Transactions in tobacco involving the sale thereof at auction as commonly conducted at auction markets are affected with a public interest * * Tobacco Inspection Act of 1935, 7 U.S. C.A. § 511a. This court has held that there is a substantia]…”
Fayette Tobacco Warehouse Co. v. Lexington Tobacco Bd. of Trade, 299 S.W.2d 640 (Ky. Ct. App. 1956).
“7 U.S.C.A. § 511a. Under the provisions of the Act, the Secretary of Agriculture has designated all burley tobacco auction markets, including Lexington, as markets where the sale of tobacco at auction constitutes a movement in interstate commerce.”
Lewis v. Campbell, 292 F. Supp. 961 (M.D. Ga. 1968).
“The Tobacco Inspection Act itself (7 U.S.C. § 511a.) provides that “without uniform standards of classification and inspection the evaluation of tobacco is susceptible to speculation, manipulation, and control, and unreasonable fluctuation in prices and quality determinations…”
Dew v. Hardin, 329 F. Supp. 593 (D.S.C. 1971).
“(See 7 U.S.C. § 511a). 7 U.S.C. § 511d provides : The Secretary is authorized to designate those auction markets where tobacco bought and sold thereon at auction, or the products customarily manufactured therefrom, moves in commerce.”
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