§ 1, 58 Stat. 426; May 5, 1945, ch. 109, § 1, 59 Stat. 136; June 22, 1946, ch. 445, § 1, 60 Stat. 271; July 30, 1947, ch. 356, Title I, § 1, 61 Stat. 523; June 19, 1948, ch. 543, Title I, § 1, 62 Stat. 508; June 29, 1949, ch. 280, Title I, § 101, 63 Stat. 325.)

Adjustment of title to lands under jurisdiction of Secretary of Agriculture, see section 567 of Title 5, Executive Departments and Government Officers and Employees.

8429. Improvement of poultry, poultry products, and hatcheries.— The Secretary of Agriculture is authorized to cooperate with State authorities and with the authorities of the District of Columbia, Alaska, Hawaii, and Puerto Rico in the administration of regulations for the improvement of poultry, poultry products, and hatcheries. (Sept. 21, 1944, ch. 412, Title I, § 101 (b), 58 Stat. 734, amended Aug. 4, 1950, ch. 579, 64 Stat. 413.)

Codification. This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

1950 amendment.-Act Aug. 4, 1950, cited to text, amended section to include within its provisions the District of Columbia, Alaska, Hawaii, and Puerto Rico. Appropriations.-Section 101 (g) of Act Sept. 21, 1944, cited to text, provided that Congress may appropriate such funds as are necessary to accomplish the purpose of this section.

§ 433. Domestic raising of fur-bearing animals; classification.-For the purposes of all classification and administration of Acts of Congress, Executive orders, administrative orders, and regulations pertaining to

(a) fox, rabbit, mink, chinchilla, marten, fisher, muskrat, karakul and all other fur-bearing animals, raised in captivity for breeding or other useful purposes shall be deemed domestic animals;

(b) such animals and the products thereof shall be deemed agricultural products; and

(c) the breeding, raising, producing, or marketing of such animals or their products by the producer shall be deemed an agricultural pursuit. (Apr. 30, 1946, ch. 242, § 1, 60 Stat. 127.)

Effective date. Section 3 of Act Apr. 30, 1946, cited to text, provided that this section and section 434 of this title should become effective sixty days after Apr. 30, 1946.

§ 434. Same; transfer of functions, appropriations, records and property to Secretary of Agriculture.-(a) All the functions of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior, which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestically raised fur-bearing animals, or products thereof, are transferred to and vested in the Secretary of Agriculture.

(b) Appropriations and unexpended balances of appropriations, or parts thereof, which the Director of the Budget determines to be available for expenditure for the administration of any function transferred by this section and section 433 of this title, shall be available for expenditure for the continued administration of such function by the officer to whom such function is so transferred.

(c) All records and property (including office furniture and equipment) under the jurisdiction of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior used primarily in connection with the administration of functions trans

ferred by said sections are transferred to the jurisdiction of the Secretary of Agriculture. (Apr. 30, 1946, ch. 242, § 2, 60 Stat. 127.) Effective date, see note set out under section 433 of this title.

§ 435. Employment of aliens.-Provisions of law prohibiting or restricting the employment of aliens shall not apply to (1) the temporary employment of translators when competent citizen translators are not available; (2) employment in cases of emergency of persons in the field service of the Department for periods of not more than sixty days; (3) employment under the appropriation for the Office of Foreign Agricultural Relations. (July 30, 1947, ch. 356, Title I, § 4, 61 Stat. 548; June 19, 1948, ch. 543, Title I, § 4, 62 Stat. 530; June 29, 1949, ch. 280, Title III, § 302, 63 Stat. 348.)

§ 436. Transfer of Army Remount Service to Department of Agriculture; effective date.—In the interests of economy and efficiency, the records, property, real and personal, and civilian personnel of the Remount Service of the Quartermaster Corps, Department of the Army, are transferred to the Department of Agriculture, effective July 1, 1948. Prior to that date, the Secretary of the Army and the Secretary of Agriculture shall enter into a written agreement on the property and the personnel covered by this transfer. (Apr. 21, 1948, ch. 224, § 1, 62 Stat. 197.)

8437. Same; improvement in horse breeding; acquisition of breeding stock and facilities; fees; cooperation with other organizations. The Secretary of Agriculture is authorized to receive the property transferred by section 436 of this title and is directed to administer it in such manner as he deems will best advance the livestock and agricultural interests of the United States, including improvement in the breeding of horses suited to the needs of the United States; the acquisition by purchase in the open market, exchange, hire, or donation of breeding stock, and necessary land, buildings, and facilities; the use of horses in the improvement of the supply of horses available in agriculture; the demonstration of the quality and usefulness of horses through participation in and lending for use in fairs, shows, and other events, or otherwise; the loan, sale, or hire of animals or animal products through such arrangements and subject to such fees as are deemed necessary by the Secretary to accomplish the purposes of sections 436-438 of this title, and, in carrying out such program, the Secretary is authorized to cooperate with public and private organizations and individuals under such rules and regulations as are deemed by him to be necessary. (Apr. 21, 1948, ch. 224, § 2, 62 Stat. 197.)

Appropriations; abolition of Army remount program.-Section 4 of Act April 21, 1948, cited to text, provided: "There is hereby authorized to be appropriated to the Department of Agriculture such funds as may be necessary to carry out this Act [sections 436-438 of this title]. The authority of the Department of the Army to conduct a remount breeding program is hereby abolished. Funds appropriated pursuant to this Act [said sections] shall be available for necessary administrative expenses, including personal services in the District of Columbia, printing and binding, and purchase or hire of passenger motor vehicles.''

§ 438. Same; compensation of retired Army officer employees.— Notwithstanding the limitations contained in existing law, retired officer personnel of the Department of the Army, if employed by the

Department of Agriculture for the purposes of sections 436-438 of this title only, may receive in addition to their retired pay civilian salary to the extent that the total from both sources does not exceed the pay and allowances received by such persons in the permanent grade last held by them prior to retirement. (Apr. 21, 1948, ch. 224, § 3, 62 Stat. 197.)

Codification.-Section is from the second sentence of section 3 of Act Apr. 21, 1948, cited to text. The first sentence of said section expires June 30, 1949 and is set out as a note under this section.

Detail of military personnel until December 31, 1949.-The first sentence of section 3 of Act Apr. 21, 1948, cited to text, as amended June 29, 1949, ch. 280, Title I, 101, 63 Stat. 331, provided that: "Until December 31, 1949, the Secretary of the Army may detail to the Department of Agriculture such military personnel, including officers in the Veterinary Corps of the Medical Department, as he may determine with the Secretary of Agriculture to be desirable to effectuate the purposes of this Act [sections 436-438 of this title] or to safeguard the interest of the United States.

§ 439. Operation of Government-owned alcohol plants; location; transfer of plants. For the purpose of assuring their operation for the production of products from agricultural commodities in order to provide a means of discharging the responsibility of the Department of Agriculture in connection with surplus agricultural commodities, research, and other authorized activities, and to assist in providing an adequate supply of alcohol and other products produced from agricultural commodities necessary for the national defense, (1) the Reconstruction Finance Corporation, as successor to Defense Plant Corporation, shall transfer, without regard to the provisions of the Surplus Property Act of 1944 and without reimbusement or transfer of funds, to the Secretary of Agriculture all of its right, title, and interest in and to the alcohol plant established and constructed by Defense Plant Corporation at Muscatine, Iowa, the property, together with the equipment, records, facilities, and other property appurtenant thereto; and (2) the War Assets Administration shall transfer to the Secretary of Agriculture without regard to the provisions of the Surplus Property Act of 1944 and without reimbursement or transfer of funds the alcohol plants at Kansas City, Missouri, and Omaha, Nebraska, together with the land, equipment, facilities, and other property appurtenant thereto. (July 2, 1948, ch. 818, § 1, 62 Stat. 1234.)

References in text.-The Surplus Property Act of 1944 referred to in the text is classified to sections 1611-1614 and 1615–1646 of Appendix to Title 50, War and National Defense.

§ 4398. Powers and duties of Secretary of Agriculture.-In carrying out the purposes of sections 439-439e of this title the Secretary is authorized, upon such terms and conditions as he deems reasonable, and notwithstanding the provisions of any other law

(a) to provide for the operation of such plants by lease or other arrangement:

(b) to operate such plants, where operation by others will not, in the judgment of the Secretary, accomplish the purpose of sections 439-439e of this title.

Such plants may be operated in the furtherance of any authorized activities of the Department of Agriculture, and any lease, or other arrangement may be upon such terms and conditions as to result in the

plant being operated for such purposes. (July 2, 1948, ch. 818, § 2, 62 Stat. 1234.)

§ 439b. Recommendations to Congress for discontinuance of plants. -Whenever the Secretary finds that the operation of any plant or plants as provided in sections 439-439e of this title is no longer necessary or desirable, he shall report such fact to Congress with his recommendations for the disposition thereof. (July 2, 1948, ch. 818, §3, 62 Stat. 1235.)

§ 439c. Construction of additional facilities; acquisition of property; incurment of expense; rules and regulations. For the purposes of sections 439-439e of this title, the Secretary of Agriculture is authorized (a) to construct and provide additional facilities and equipment necessary to the operation of such plants, and to maintain, repair, and alter such plants; (b) to acquire property or rights or interest therein by purchase, lease, gift, transfer, condemnation, or otherwise; (c) to incur necessary administrative expenses, including personal services; and (d) to make such rules and regulations as may be necessary to carry out the purposes of sections 439-439e of this title. (July 2, 1948, ch. 818, § 4, 62 Stat. 1235.)

§ 439d. Assumption of obligations of R. F. C. covering Muscatine, Iowa, plant.-The Secretary of Agriculture shall assume all obligations of the Reconstruction Finance Corporation covering operations of the Muscatine, Iowa, plant, equipment, facilities, and appurtenant property outstanding at the date of transfer. (July 2, 1948, ch. 818, § 5, 62 Stat. 1235.)

§ 439e. Appropriations; availability of other appropriations.-There are authorized to be appropriated for the purposes of sections 439439e of this title such sums as the Congress may from time to time determine to be necessary. Also, the Secretary is authorized to use such sums from other appropriations or funds available to the bureaus, corporations, or agencies of the Department of Agriculture as he may deem necessary for expenses in connection with maintaining these plants in standby condition while not under lease. (July 2, 1948, ch. 818, § 6, 62 Stat. 1235.)

8440. Reimbursement of appropriations available for classing or grading agricultural commodities without charge.-On and after June 29, 1949, appropriations available for classing or grading any agricultural commodity without charge to the producers thereof may be reimbursed from nonadministrative funds of the Commodity Credit Corporation for the cost of classing or grading any such commodity for producers who obtain Commodity Credit Corporation price support. (June 29, 1949, ch. 280, Title I, § 101, 63 Stat. 344.)

Chapter 19.-0COTTON STATISTICS AND ESTIMATES

8475. Cotton crop reports.-The Secretary of Agriculture shall discontinue making his reports based upon farmers' intention to plant cotton and shall cause to be issued after August 8, 1946, only five reports, one as of August 1, one as of September 1, one as of October 1, one as of November 1, and one as of December 1, each of which shall state the condition and progress of the crop and the probable

number of bales which will be ginned, these reports to be issued simultaneously with the cotton-ginning reports of the Bureau of the Census relating to the same dates, the two reports to be issued from the same place at 11 o'clock antemeridian of the eighth day following that to which the respective reports relate. When such date of release falls on Sunday, a legal holiday, or other day which pursuant to statute or Executive order is a nonworkday in the Department of Agriculture at Washington generally, the report shall be issued at 11 o'clock antemeridian of the next succeeding workday. No such report shall be approved and released by the Secretary of Agriculture until it shall have been passed upon by a cotton-crop reporting committee or board consisting of five members or more to be designated by him, not less than three of which shall be supervisory field statisticians of the Department of Agriculture located in different sections of the cotton-growing States, experienced in estimating cotton production and who shall have first hand knowledge of the condition of the cotton crop based upon recent field observations, and the majority of which committee or board shall be familiar with the methods and practices of producing cotton. (As amended Aug. 8, 1946, ch. 909, 60 Stat. 940.)

Act Aug. 8, 1946, cited to text, amended section to provide for the issuing of releases on the next succeeding workday following any day which pursuant to an Executive order or statute is a nonworkday in addition to the same provisions relating to Sundays and legal holidays.

8499c. Licenses

(b) Application; fees; creation of Perishable Agricultural Commodities Act fund; availability of fund for administrative expenses; budget requirements. Any person desiring any such license shall make application to the Secretary. The Secretary may by regulation prescribe the information to be contained in such application. Upon the filing of the application, and annually thereafter, the applicant shall pay a fee of $15, which shall be deposited in the Treasury of the United States as a special fund, without fiscal year limitation, to be designated as the "Perishable Agricultural Commodities Act fund," which shall be available for all expenses necessary to the administration of this chapter and chapters 20 and 25 of this title: Provided, That financial statements prescribed by the Director of the Bureau of the Budget for the last completed fiscal year, and as estimated for the current and ensuing fiscal years, shall be included in the budget as submitted to the Congress annually. (As amended June 15, 1950, ch. 254, § 1, 64 Stat. 217.)

1950 amendment. Subsec. (b) amended by Act June 15, 1950, cited to text, which increased fee from $10 to $15 annually, provided for its disposition in fund, made fund available for administrative expenses, and provided for financial statements.

§ 499d. Same; issuance and refusal.-(a) Whenever an applicant has paid the prescribed fee the Secretary, except as provided elsewhere in this chapter, shall issue to such applicant a license, which shall entitle the licensee to do business as a commission merchant and/or dealer and/or broker unless and until it is suspended or revoked by the Secretary in accordance with the provisions of this chapter, or is automatically suspended under section 499g (d) of this title, but said license