An Act Authorizing the Secretary of Agriculture to issue certain reports relating to cotton.

[Act of May 27, 1912, ch. 135.]

[SEC. 1.] [Cotton statistics - report of acres in cultivation.] That the Secretary of Agriculture be directed to cause the Bureau of Statistics of the Department of Agriculture to issue a report, on or about the first Monday in July of each year, showing by States and in total the number of acres of cotton then in cultivation in the United States. [37 Stat. L. 118.]

SEC. 2. [Estimate of total production to be issued.] That the Secretary of Agriculture shall cause the Bureau of Statistics of the Department of Agriculture to issue each year, immediately following the publication of the ginning report of the Census Bureau of December first, an estimate of the total production of cotton in the United States for the current crop year. [37 Stat. L. 118.]

SEC. 3. [Inconsistent laws repealed.] That all Acts or parts of Acts inconsistent with the foregoing provisions be, and the same are hereby, repealed. [37 Stat. L. 118.]

An Act To establish a standard barrel and standard grades for apples when packed in barrels, and for other purposes.

[Act of August 3, 1912, ch. 273.]

[SEC. 1.] [Apples - standard barrel established for steel barrels.] That the standard barrel for apples shall be of the following dimensions when measured without distention of its parts: Length of stave, twenty-eight and one-half inches; diameter of head, seventeen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixty-four inches outside measurement, representing as nearly as possible seven thousand and fifty-six cubic inches: Provided, That steel barrels containing the interior dimensions provided for in this section shall be construed as a compliance therewith. [37 Stat. L. 250.]

SEC. 2. [Grades established for apples in interstate, etc., commerce.] That the standard grades for apples when packed in barrels which shall be shipped or delivered for shipment in interstate or foreign commerce, or which shall be sold or offered for sale within the District of Columbia or the Territories of the United States shall be as follows: Apples of one variety, which are wellgrown specimens, hand picked, of good color for the variety, normal shape, practically free from insect and fungous injury, bruises, and other defects, except such as are necessarily caused in the operation of packing, or apples of one variety which are not more than ten per centum below the foregoing specifications shall be "Standard grade minimum size two and one-half inches," if the minimum size of the apples is two and one-half inches in transverse diameter; "Standard grade minimum size two and one-fourth inches," if the minimum size of the apples is two and one-fourth inches in transverse diameter; or "Standard grade minimum size two inches," if the minimum size of the apples is two inches in transverse diameter. [37 Stat. L. 250.]

SEC. 3. [Branding of barrels.] That the barrels in which apples are packed in accordance with the provision of this Act may be branded in accordance with section two of this Act. [37 Stat. L. 251.]

SEC. 4. [Requirements for barrels marking.] That all barrels packed with apples shall be deemed to be below standard if the barrel bears any statement, design, or device indicating that the barrel is a standard barrel of apples, as herein defined, and the capacity of the barrel is less than the capacity prescribed by section one of this Act, unless the barrel shall be plainly marked on end and side with words or figures showing the fractional relation which the actual capacity of the barrel bears to the capacity prescribed by section one of this Act. The marking required by this paragraph shall be in block letters of size not less than seventy-two point one-inch gothic. [37 Stat. L. 251.]

SEC. 5. [Misbranding contents below standard-insufficient statements.] That barrels packed with apples shall be deemed to be misbranded within the meaning of this Act—

First. If the barrel bears any statement, design, or device indicating that the apples contained therein are "Standard" grade and the apples when packed do not conform to the requirements prescribed by section two of this Act.

Second. If the barrel bears any statement, design, or device indicating that the apples contained therein are "Standard" grade and the barrel fails to bear also a statement of the name of the variety, the name of the locality where grown, and the name of the packer or the person by whose authority the apples were packed and the barrel marked. [37 Stat. L. 251.]

SEC. 6. [Penalty for violations.] That any person, firm or corporation, or association who shall knowingly pack or cause to be packed apples in barrels or who shall knowingly sell or offer for sale such barrels in violation of the provisions of this Act shall be liable to a penalty of one dollar and costs for each such barrel so sold or offered for sale, to be recovered at the suit of the United States in any court of the United States having jurisdiction. [37 Stat. L. 251.]

SEC. 7. [In effect July 1, 1913.] That this Act shall be in force and effect from and after the first day of July, nineteen hundred and thirteen. [37 Stat. L. 251.]

***

[Sale, etc., of animals and products permitted - deposit of receipts.] And hereafter the Secretary of Agriculture is authorized to sell in the open market or to exchange for other breeding animals or animal products to the best advantage, without the usual condemnation proceedings and public auction, such animals or animal products produced or purchased under the appropriations made by Congress for the use of the Bureau of Animal Industry as may not be needed in the work of that bureau: Provided, That all moneys received from the sale of such animals or animal products, or as a bonus in the exchange of the same, shall be deposited in the Treasury as miscellaneous receipts. [37 Stat. L. 274.]

This is from the Agricultural Department Appropriation Act of Aug. 10, 1912, ch. 284.

[Details of department employees.] *** That hereafter employees of the Division of Accounts and Disbursements may be detailed by the Secretary of Agriculture for accounting and disbursing work in any of the bureaus and offices of the department for duty in or out of the city of Washington, and

employees of the bureaus and offices of the department may also be detailed to the Division of Accounts and Disbursements for duty in or out of the city of Washington, traveling expenses of employees so detailed to be paid from the appropriation of the bureau or office in connection with which such travel is performed. [37 Stat. L. 294.]

This is from the Agricultural Department Appropriation Act of Aug. 10, 1912, ch. 284. [Purchases for bureaus, etc.—exchange of typewriters, etc.] *** That hereafter the Secretary of Agriculture may purchase stationery, supplies, furniture, and miscellaneous materials from this appropriation and transfer the same at actual cost to the various bureaus, divisions, and offices of the Department of Agriculture in the city of Washington, reimbursement therefor to be made to this appropriation by said bureaus, divisions, and offices from their lump-fund appropriations by transfer settlements through the Treasury De partment: Provided further, That the Secretary of Agriculture may hereafter exchange typewriters and computing, addressing, and duplicating machines purchased from any lump-fund appropriation of the Department of Agriculture. [37 Stat. L. 296.]

This is from the Agricultural Department Appropriation Act of Aug. 10, 1912, ch. 284.

[Sale of agricultural products use of receipts.] * * * and the Secretary of Agriculture is authorized to sell such products as are obtained on the land belonging to the agricultural experiment stations in Alaska, Hawaii, Porto Rico, and the island of Guam, and to apply the money received from the sale of such products to the maintenance of said stations, and this fund shall be available until used. [37 Stat. L. 298.]

This is from the Agricultural Department Appropriation Act of Aug. 10, 1912, ch. 284.

[Allowance to officials and employees for travel expenses per diem in lieu of subsistence, etc. — reimbursement for street-car fares.] ***That hereafter, when officials and employees of the Department of Agriculture are traveling on official business in the United States, they may be allowed necessary railroad and steamboat fares, sleeping berth, and stateroom on steamboats, livery hire and stage fare, and other means of conveyance between points not accessible by railroad, but in lieu of subsistence and all other traveling expenses they may receive a per diem allowance, to be fixed by the Secretary in each case, in addition to their regular salaries, subject to such rules and regulations as the Secretary of Agriculture may prescribe.

That hereafter officials and employees of the Department of Agriculture may, when authorized by the Secretary of Agriculture, receive reimbursement for moneys expended for street-car fares at their official headquarters when expended in the transaction of official business. [37 Stat. L. 300.]

This is from the Agricultural Department Appropriation Act of Aug. 10, 1912, ch. 284. [Detailed estimates of employees - not applicable to meat inspection and insecticide service.] ***Hereafter so much of the Act of May twenty-sixth, nineteen hundred and ten (Thirty-sixth Statutes, page four hundred and sixteen), as requires the Secretary of Agriculture to transmit annually to the Secretary of the Treasury, for submission to Congress, detailed estimates for executive officers, clerks, and other employees in the various bureaus, offices, and divisions of the Department of Agriculture shall not apply to such em

ployees in the meat-inspection service or employees engaged in the enforcement of the insecticide Act of nineteen hundred and ten. [37 Stat. L. 301.]

This is from the the Agricultural Department Appropriation Act of Aug. 10, 1912,

ch. 284.

For the provision from the Act of May 26, 1910, above referred to, see 1912 Supp. Fed. Stat. Annot. 7.

An Act To regulate the importation of nursery stock.and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes.

[Act of August 20, 1912, ch. 308.]

[SEC. 1.] [Nursery stock importing without permit, etc., unlawful certificate of foreign inspection required.] That it shall be unlawful for any person to import or offer for entry into the United States any nursery stock unless an[d] until a permit shall have been issued therefor by the Secretary of Agriculture, under such conditions and regulations as the said Secretary of Agriculture may prescribe, and unless such nursery stock shall be accompanied by a certificate of inspection, in manner and form as required by the Secretary of Agriculture, of the proper official of the country from which the importation. is made, to the effect that the stock has been thoroughly inspected and is believed to be free from injurious plant diseases and insect pests: Provided, That the Secretary of Agriculture shall issue the permit for any particular importation of nursery stock when the conditions and regulations as prescribed in this Act shall have been complied with: Provided further, That nursery stock may be imported for experimental or scientific purposes by the Department of Agriculture upon such conditions and under such regulations as the said Secretary of Agriculture may prescribe: And provided further, That nursery stock imported from countries where no official system of inspection for such stock is maintained may be admitted upon such conditions and under such regulations as the Secretary of Agriculture may prescribe. [37 Stat. L. 315.]

SEC. 2. [Notifications of arrival at port of entry — forwarding without notification forbidden inspection required.] That it shall be the duty of the Secretary of the Treasury promptly to notify the Secretary of Agriculture of the arrival of any nursery stock at port of entry; that the person receiving such stock at port of entry shall, immediately upon entry and before such stock is delivered for shipment or removed from the port of entry, advise the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or the District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, of the name and address of the consignee, the nature and quantity of the stock it is proposed to ship, and the country and locality where the same was grown. That no person shall ship or offer for shipment from one State or Territory or District of the United States into any other State or Territory or District, any nursery stock imported into the United States without notifying the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, immediately upon the delivery of the said stock for shipment, of the name and address of the consignee, of the nature and quantity of stock it is proposed to ship, and the country and locality where the same was grown, unless and until such imported stock has been

inspected by the proper official of a State, Territory, or District of the United States. [37 Stat. L. 316.]

SEC. 3. [Marking, etc., required on goods entered.] That no person shall import or offer for entry into the United States any nursery stock unless the case, box, package, crate, bale, or bundle thereof shall be plainly and correctly marked to show the general nature and quantity of the contents, the country and locality where the same was grown, the name and address of the shipper, owner, or person shipping or forwarding the same, and the name and address of the consignee. [37 Stat. L. 316.]

SEC. 4. [Marking, etc., required in interstate shipments.] That no person shall ship or deliver for shipment from one State or Territory or District of the United States into any other State or Territory or District any such imported nursery stock the case, box, package, crate, bale, or bundle whereof is not plainly marked so as to show the general nature and quantity of the contents, the name and address of the consignee, and the country and locality where such stock was grown, unless and until such imported stock has been inspected by the proper official of a State, Territory, or District of the United States. [37 Stat. L. 316.]

SEC. 5. [Restriction on importing plants, etc., other than nursery stock.] That whenever the Secretary of Agriculture shall determine that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term "nursery stock" as defined in section six of this Act may result in the entry into the United States or any of its Territories or Districts of injurious plant diseases or insect pests, he shall promulgate his determination, specifying the class of plants and plant products the importation of which shall be restricted and the country and locality where they are grown, and thereafter, and until such promulgation is withdrawn, such plants and plant products imported or offered for import into the United States or any of its Territories or Districts shall be subject to all the provisions of the foregoing sections of this Act: Provided, That before the Secretary of Agriculture shall promulgate his determination that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term "nursery stock" as defined in section six of this Act. may result in the entry into the United States or any of its Territories or Districts of injurious plant diseases or insect pests he shall, after due notice, give a public hearing, under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney. [37 Stat. L. 316.]

SEC. 6. ["Nursery stock" definition of term.] That for the of purpose this act the term "nursery stock" shall include all field-grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots. [37 Stat. L. 317.]

SEC. 7. [Plant diseases and insect infestation determination of existence in country or locality importations prohibited after promulgation of determination hearings, etc.- quarantine immediately effective.] That whenever, in order to prevent the introduction into the United States of any tree,