7 U.S.C. § 511d : US Code - Section 511D: Designation of markets; manner; inspection and related services; fees and charges

Search 7 U.S.C. § 511d : US Code - Section 511D: Designation of markets; manner; inspection and related services; fees and charges

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. Before any
market is designated by the Secretary under this section he shall
determine by referendum the desire of tobacco growers who sold
tobacco at auction on such market during the preceding marketing
season. The Secretary may at his discretion hold one referendum for
two or more markets or for all markets in a type area. No market or
group of markets shall be designated by the Secretary unless two-
thirds of the growers voting favor it. The Secretary shall have
access to the tobacco records of the Collector of Internal Revenue
and of the several collectors of internal revenue for the purpose
of obtaining the names and addresses of growers who sold tobacco on
any auction market, and the Secretary shall determine from said
records the eligibility of such grower to vote in such referendum,
and no grower shall be eligible to vote in more than one
referendum. After public notice of not less than thirty days that
any auction market has been so designated by the Secretary, no
tobacco shall be offered for sale at auction on such market until
it shall have been inspected and certified by an authorized
representative of the Secretary according to the standards
established under this chapter, except that the Secretary may
temporarily suspend the requirement of inspection and certification
at any designated market whenever he finds it impracticable to
provide for such inspection and certification because competent
inspectors are not obtainable or because the quantity of tobacco
available for inspection is insufficient to justify the cost of
such service: Provided, That, in the event competent inspectors are
not available, or for other reasons, the Secretary is unable to
provide for such inspection and certification at all auction
markets within a type area, he shall first designate those auction
markets where the greatest number of growers may be served with the
facilities available to him. The Secretary shall by regulation fix
and collect fees and charges for inspection and certification, the
establishment of standards, and other services under this section
at designated auction markets. The fees and charges authorized by
this section shall, as nearly as practicable, cover the costs of
the services, including the administrative and supervisory costs
customarily included by the Secretary in user fee calculations. The
fees and charges, late payment penalties, and interest earned from
the investment of such funds, when collected, shall be credited to
the current appropriation account that incurs the cost and shall be
available without fiscal year limitation to pay the expenses of the
Secretary incident to providing services under this chapter. Any
funds realized from the collection of fees or charges authorized
under this section and section 511e of this title and credited to
the current appropriation account incurring the cost of services
provided under this section and section 511e of this title, late
payment penalties, and interest earned from the investment of such
funds may be invested by the Secretary in insured or fully
collateralized, interest-bearing accounts or, at the discretion of
the Secretary, by the Secretary of the Treasury in United States
Government debt instruments. Any income realized from this activity
may be used to pay the expenses of the Secretary of Agriculture
incident to providing services under this chapter or reinvested in
the manner authorized in the preceding sentence. The fees and
charges authorized in this section shall be assessed against the
warehouse operator, irrespective of ownership or interest in the
tobacco, and shall be collected by the warehouse operator from the
sellers of the tobacco. The inspection and related services under
this section shall be suspended or denied if the warehouse operator
fails to collect or otherwise pay the fees and charges imposed
under this section. Tobacco inspection or certification services
provided to designated auction markets shall take precedence over
such services, other than reinspection, requested under the
authority contained in section 511e of this title or any other
provision of law. In accordance with the Federal Advisory Committee
Act, the Secretary shall establish a national advisory committee of
tobacco producers, and advisory subcommittees for each major kind
of tobacco, to advise the Secretary with regard to the level of
inspection and related services and the fees and charges therefor.
The advisory committee and subcommittees established under this
section shall be of permanent duration. The committees shall meet
at the call of the Secretary.