Page:United States Statutes at Large Volume 44 Part 2.djvu/1395

SIXTY-NINTH CONGRESS. Sass. I`I. 'Cns. 308, 309. 1927. 1355 ' of them shi for mine-la in du , the President is hereby autgorized to appgsint him, by asndgwithtiythe advice and- ccmentof the Senate, a rear admiral on the retired listof the Na : Provided, "°"'°· That no increase nor back pa or allowances of any kinxdyshall accrue N° "•‘* °•¥· °*°· asa1·esultofthepassa.geoftl•isActl ~ Approved, March 3, 1927. CHAP. 809.-An Act To prevent the destruction or dumping, without good li1¥iiii'0ii<%° and suilicient cause therefor, of farm produce received in interstate commerce by commission merchants and others and to require them truly and correctly to account for all farm produce received by them. Be it enacted by the Senate and H ouae of Representatives of the United States of America in Oongrees assembled, That after June ¤§;u*g:¤*‘*‘° Nm 30, 1927, any person, firm, association, or corporation receiving any Dsuoiinigh dump- fruits, vegetables, melons, dai , or oultry products or any perish- *§¥&e°°°:£¤i'¤¤?°riy°°°¤$i- able farm products of any or character, hereinafter referred to. gglxfgémig j¤°$&f: as produce, in interstate commerce, or in the District of Columbia, manor. for or on behalf of another, who without (good and sniicient cause therefor, shall destroy or abandon, discar as refuseor dump any produce directly or indirectly, or through collusion with any person, M mm mw or who shall knowingly and with intent to defraud make any false umiiiondrxppa. report or statement to the person, lirm association, or corporation from whom any produce was received, concerning the condition, quality, tppantity, sale or disposition thereof, or who sha l knowingly and wit intent to defrau fail truly and correctly to _ account erefor shall be guilty of a misdemeanor and upon con- Punishment ns. viction shall be unished by a fine of not less than $100 and not more than $3,000, or by imprisonment for a period of not exceeding one ygeglr, slr botglauaga bths discretion of gis fcouplt. The Secxéetary Oi v ;;§§° cx rc ture y re ation rovi e or e lD8.klI1g’ o romp nm ,, *1 °¤°“ investigations and the gsbluin oi) certificates as to the quality and amdvony. M mu. condition of produce receivedg in interstate commerce or m the Dis- trict of Columbia, upon application of any person, firm, association, or corporation shipping, receivinlg, or financially interested in, such produce. Such regulations sha designate the classes of persons- i¤¤¤¤¤:¤¢¤¤¤i¤¤¤¢¤¤» qualified and authorized to make such investigationsand issue sucl1' certificates, except that any such investigation shall be made and any such certificate shall be issued by at least two disinterested per- sons in any case where such investigation is not made by an oilicer or employee of the Department of Agriculture or of any State or political subdivision thereof or of the District of Co umbia, A ,_g:;§,gQ;g:•°fQ¤’:,{ certificate made in compliance with such regulations shall beprima ¤v.¤¤¤» facie evidence in all Federal courts of the truth of the statements therein contained as to the quality and condition of the produce; but D°‘°“°°dm’“°"· if any such certificate is put in evidence by any party, in any civil or criminal proceeding, the opposite party shall be permitted to cross- examine any person signing such certificate, called as a witness at the instance of either party, as to his qualifications and authority and as go the tr,-pak o§(;he staten¥ents conltlained in suczbcertilicate. Em t b Sw sc. 2. e reta o Agric ture is her authoriz and °'°°'“°°,,,,,,,,,,m’ directed to enforce thislxct. It is hereby made the duty of all United mm Ou ` States attorneys to prosecute cases arising under this Act, subject to the supervision and control of the Department of Justice. Sno. 3. The Secretary of Agriculture may make such rules and ,§’d *§,,,,,Q",§ regulations as he may eem advisable to carry out the provisions of g•:'g*gg·'”{&*_’¤;$ this Act and may cooperate with any department or agency of the mime. Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person;