the quantity of the cotton involved, without giving the weight, each bale shall, for the purposes of this chapter, be deemed to weigh five hundred pounds. (b) Validity.-No contract of sale of cotton for future delivery mentioned in section 1920 (a) of this chapter, which does not conform to the requirements of subsection (a) and has not the necessary stamps affixed thereto as required by section 1920 (c) shall be enforceable in any court of the United States by, or on behalf of, any party to such contract or his privies. (53 Stat. 213.) DERIVATION Act Aug. 11, 1916, ch. 313, §§ 4, 12, 39 Stat. 476, 480. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, §§ 4, 13, 38 Stat. 692, 697. § 1926. Cotton standards.-(a) Source and description.-Subject to the provisions of section 6 of the Act of March 4, 1923, 42 Stat. 1518 (U. S. C., title 7, § 56), the Secretary of Agriculture is authorized, from time to time, to establish and promulgate standards of cotton by which its quality or value may be judged or determined, including its grade, length of staple, strength of staple, color, and such other qualities, properties, and conditions as may be standardized in practical form, which, for the purposes of this chapter shall be known as the "Official cotton standards of the United States": Provided, That any standard of any cotton established and promulgated under this chapter by the Secretary of Agriculture shall not be changed or replaced within a period less than one year from and after the date of the promulgation thereof by the Secretary of Agriculture: Provided further, That no change or replacement of any standard of any cotton established and promulgated under this chapter by the Secretary of Agriculture shall become effective until after one year's public notice thereof, which notice shall specify the date when same is to become effective. (b) Practical forms-(1) Preparation, certification and distribution. The Secretary of Agriculture is authorized and directed to prepare practical forms of the official cotton standards which shall be established by him, and to furnish such practical forms from time to time, upon request, to any person, the cost thereof, as determined by the Secretary of Agriculture, to be paid by the person requesting the same, and to certify such practical forms under the seal of the Department of Agriculture and under the signature of the said Secretary, thereto affixed by himself or by some official or employee of the Department of Agriculture thereunto duly authorized by the said Secretary. (2) Disposition of receipts from sales.-All sums collected by the Secretary of Agriculture for furnishing practical forms under paragraph (1) shall be deposited and covered into the Treasury as miscellaneous receipts. (53 Stat. 213.) Subsections (a), (b) (1) DERIVATION from act Aug. 11, 1916, ch. 313, § 9, 39 Stat. 479. Subsection (b) (2) from act Aug. 11, 1916, ch. 313, § 19, 39 Stat: 481. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, § 9, 38 Stat. 696. § 1927. Bona fide spot markets-(a) Definition. For the purposes of this chapter the only markets which shall be considered bona fide spot markets shall be those which the Secretary of Agriculture shall, from time to time, after investigation, determine and designate to be such, and of which he shall give public notice. (b) Determination. In determining, pursuant to the provisions of this chapter, what markets are bona fide spot markets, the Secretary of Agriculture is directed to consider only markets in which spot cotton is sold in such volume and under such conditions as customarily to reflect accurately the value of middling cotton and the differences between the prices or values of middling cotton and of other grades of cotton for which standards shall have been established by the Secretary of Agriculture: Provided, That if there be not sufficient places, in the markets of which are made bona fide sales of spot cotton of grades for which standards are established by the Secretary of Agriculture, to enable him to designate at least five spot markets in accordance with section 1922 (c) of this chapter, he shall, from data as to spot sales collected by him, make rules and regulations for determining the actual commercial differences in the value of spot cotton of the grades established by him as reflected by bona fide sales of spot cotton, of the same or different grades, in the markets selected and designated by him, from time to time, for that purpose, and in that event, differences in value of cotton of various grades involved in contracts made pursuant to section 1922 (a) and (b) shall be determined in compliance with such rules and regulations: Provided further, That it shall be the duty of any person engaged in the business of dealing in cotton, when requested by the Secretary of Agriculture or any agent acting under his instructions, to answer correctly to the best of his knowledge, under oath or otherwise, all questions touching his knowledge of the number of bales, the classification, the price or bona fide price offered, and other terms of purchase or sale, of any cotton involved in any transaction participated in by him, or to produce all books, letters, papers, or documents in his possession or under his control relating to such matter. (53 Stat. 214.) DERIVATION Subsection (a) from act Aug. 11, 1916, ch. 313, § 7, 39 Stat. 478. Subsection (b) from act Aug. 11, 1916, ch. 313, § 8, 39 Stat. 479, as amended by act Mar. 4, 1919, ch. 125, § 6, 40 Stat. 1352. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, §§ 7, 8, 38 Stat. 695. § 1928. Collection and enforcement-(a) Rules and regulations. The Secretary of the Treasury is authorized to make and promulgate such rules and regulations as he may deem necessary to collect the tax imposed by this chapter and otherwise to enforce its provisions. (b) Records and returns. Further to effect the purpose of subsection (a), the Secretary shall require all persons coming within its provisions to keep such records and statements of account, and may require such persons to make such returns veri fied under oath or otherwise, as will fully and correctly disclose all transactions mentioned in section 1920 (a) of this chapter, including the making, execution, settlement, and fulfillment thereof; he may require all persons who act in the capacity of a clearing house, clearing association, or similar institution for the purpose of clearing, settling, or adjusting transactions mentioned in section 1920 (a) of this chapter to keep such records and to make such returns as will fully and correctly disclose all facts. in their possession relating to such transactions; and (c) Employment of agents. He may appoint agents to conduct the inspection necessary to collect said tax and otherwise to enforce this chapter and all rules and regulations made by him in pursuance hereof, and may fix the compensation of such agents. (53 Stat. 214.) DERIVATION Act Aug. 11, 1916, ch. 313, § 13, 39 Stat. 480. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, § 14, 38 Stat. 697. § 1929. Penalties-(a) In general-(1) Nonpayment or evasion of tax.-Any person liable to the payment of any tax imposed by this chapter who fails to pay, or evades, or attempts to evade the payment of such tax; and (2) Other violations.-Any person who otherwise violates any provisions of this chapter, or any rule or regulation made in pursuance hereof, upon conviction thereof, shall be fined not less than $100 nor more than $20,000, in the discretion of the court; and, in case of natural persons, may, in addition, be punished by imprisonment for not less than sixty days nor more than three years, in the discretion of the court. (b) Additional.-In addition to the foregoing punishment there shall be imposed, on account of each violation of this chapter, a penalty of $2,000, to be recovered in an action founded on this chapter in the name of the United States as plaintiff, and when so recovered one-half of said amount shall be paid over to the person giving the information upon which such recovery was based. It shall be the duty of United States attorneys, to whom satisfactory evidence of violations of this chapter is furnished, to institute and prosecute actions for the recovery of the penalties prescribed by this subsection. (c) Withholding information.-Any person engaged in the business of dealing in cotton who shall, within a reasonable time prescribed by the Secretary of Agriculture or any agent acting under his instructions, willfully fail or refuse to answer questions or to produce books, letters, papers, or documents, as required under section 1927 (b), or who shall willfully give any answer that is false or misleading, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500. (53 Stat. 215.) DERIVATION Subsection (a) from acts Mar. 4, 1909, ch. 321, § 335, 35 Stat. 1152; Aug. 11, 1916, ch. 313, § 14, 39 Stat. 480, as amended by act Dec. 16, 1930, ch. 15, 46 Stat. 1029. 650673-46-3 Subsection (b) from act Aug. 11, 1916, ch. 313, § 15, 39 Stat. 481. Subsection (c), from acts Aug. 11, 1916, ch. 313, § 8, 49 Stat. 479, as amended by act Mar. 4, 1919, ch. 125, § 6, 40 Stat. 1352; May 31, 1920, ch. 217, § 1, 41 Stat. 725. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, §§ 15, 16, 38 Stat. 697. § 1930. Immunity of witnesses.--No person whose evidence is deemed material by the officer prosecuting on behalf of the United States in any case brought under any provision of this chapter shall withhold his testimony because of complicity by him in any violation of this chapter or of any regulations made pursuant to this chapter, but any such person called by such officer who testifies in such case shall be exempt from prosecution for any offense to which his testimony relates. (53 Stat. 215.) DERIVATION Act Aug. 11, 1916, ch. 313, § 16, 39 Stat. 481. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, § 17, 38 Stat. 698. § 1931. Definitions-(a) Contract of sale. For the purposes of this chapter the term "contract of sale" shall be held to include sales, agreements of sale, and agreements to sell. (b) Person. The word "person" wherever used in this chapter, shall be construed to import the plural or singular, as the case demands, and shall include individuals, associations, partnerships, and corporations. (53 Stat. 215.) DERIVATION Act Aug. 11, 1916, ch. 313, § 2, 39 Stat. 476. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, § 2, 38 Stat. 693. § 1932. Liability of principal for acts of agent.-When construing and enforcing the provisions of this chapter, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, or corporation within the scope of his employment or office, shall, in every case, also be deemed the act, omission, or failure of such association, partnership, or corporation as well as that of the person. (53 Stat. 215.) DERIVATION Act Aug. 11, 1916, ch. 313, § 2, 39 Stat. 476. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, § 2, 38 Stat. 693. § 1933. Reports of Secretary of Agriculture. The Secretary of Agriculture is directed to publish from time to time the results of investigations made in pursuance of this chapter. (53 Stat. 216.) DERIVATION Act Aug. 11, 1916, ch. 313, § 19, 39 Stat. 481. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, § 20, 38 Stat. 698. § 1934. Other laws applicable. The provisions of the internal revenue laws of the United States, so far as applicable, including section 3615 of this title, shall be extended, and made to apply, to this chapter. (53 Stat. 216.) DERIVATION Act Aug. 11, 1916, ch. 313, § 13, 39 Stat. 480. § 1935. Operation of State laws. The payment of any tax levied by this chapter shall not exempt any person from any penalty or punishment now or hereafter provided by the laws of any State for entering into contracts of sale of cotton for future delivery, nor shall the payment of any tax imposed by this chapter be held to prohibit any State or municipality from imposing a tax on the same transaction. (53 Stat. 216.) DERIVATION Act Aug. 11, 1916, ch. 313, § 17, 39 Stat. 481. SIMILAR PROVISIONS 1914-Aug. 18, 1914, ch. 255, 38 Stat. 698. OLEOMARGARINE, ADULTERATED BUTTER, AND PROCESS OR RENOVATED BUTTER § 2300. Oleomargarine defined. For the purposes of this chapter, and of sections 3200 and 3201, certain manufactured substances, certain extracts, and certain mixtures and compounds, including such mixtures and compounds with butter, shall be known and designated as "oleomargarine," namely: All substances known prior to August 2, 1886, as oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral; all mixtures and compounds of oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral; all lard extracts and tallow extracts; and all mixtures and compounds of tallow, beef fat, suet, lard, lard oil, fish oil or fish fat, vegetable oil, annatto, and other coloring matter, intestinal fat, and offal fat;-if (1) made in imitation or semblance of butter, or (2) calculated or intended to be sold as butter or for butter, or (3) churned, emulsified, or mixed in cream, milk, water, or other liquid, and containing moisture in excess of 1 per centum or common salt. This section shall not apply to puff-pastry shortening not churned or emulsified in milk or cream, and having a melting point of one hundred and eighteen degrees Fahrenheit or more, nor to any of the following containing condiments and spices: salad dressings, mayonnaise dressings, or mayonnaise products nor to liquid emulsion, pharmaceutical preparations, oil meals, liquid preservatives, illuminating oils, cleansing compounds, or flavoring compounds. (53 Stat. 247.) DERIVATION Act Aug. 2, 1886, ch. 840, § 2, 24 Stat. 209, as amended by act July 10, 1930, ch. 882, § 1, 46 Stat. 1022. § 2301. Tax-(a) Rate.—(1) Upon oleomargarine which shall be manufactured and sold, or removed for consumption or use, there shall be assessed and collected a tax at the rate of one-fourth |