EXPORT APPLE ACT
Public Law 59, as amended
48 Stat. 123, as amended
EXPORT APPLE ACT
ch59
113–79
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20210527.1
2021-10-15
Export Apple Act
10268
73
1933-06-10
EXPORT APPLE ACT
[
Chapter 59 of the 73rd Congress
;
48 Stat. 123
]
[As Amended Through P.L. 113–79, Enacted February 7, 2014]
[Currency: This publication is a compilation of the text of Chapter 59 of the 73rd Congress . It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

TABLE OF CONTENTS1
^1
This table of contents is not part of the Act but is included for user convenience.
Sec. 1.
Standards of export; establishment; shipping without certificate forbidden; hearings.
Sec. 2.
Notice of establishment of standards; shipments under contracts made before adoption of standards.
Sec. 3.
Foreign standards; certification of compliance.
Sec. 4.
Shipments of less than carload lots; exemptions.
Sec. 5.
Fees for inspection and certification; certificates as prima facie evidence.
Sec. 6.
Refusal of certificates for violations of laws; penalties for violations.
Sec. 7.
Rules and regulations; cooperation with other agencies; compensation of officers and employees; effect on other laws.
Sec. 8.
Separability.
Sec. 9.
Definitions.
Sec. 10.
Authorization of appropriations.
Sec. 11.
Short title.
Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled,
[7 U.S.C. 581] That it shall be unlawful for any person to ship or offer for shipment or for any carrier, or any steamship company, or any person to transport or receive for transportation to any foreign destination, except as provided in this Act, any apples in packages which are not accompanied by a certificate issued under authority of the Secretary of Agriculture showing that such apples are of a Federal or State grade which meets the minimum of quality established by the Secretary for shipment in export. The Secretary is authorized to prescribe, by regulations, the requirements, other than those of grade, which the fruit must meet before certificates are issued. The Secretary shall provide opportunity, by public hearing or otherwise, for interested persons to examine and make recommendation with respect to any standard of export proposed to be established or designated, or regulation prescribed, by the Secretary for the purposes of this Act.
Sec. 2.
[7 U.S.C. 582]
The Secretary shall give reasonable notice through one or more trade papers of the effective date of standards of export established or designated by him under this Act: Provided, That any apples may be certified and shipped for export in fulfillment of any contract made within six months prior to the date of such shipment if the terms of such contract were in accordance with the grades and regulations of the Secretary in effect at the time the contract was made.
Sec. 3.
[7 U.S.C. 583]
Where the government of the country to which the shipment is to be made has standards or requirements as to condition of apples the Secretary may in addition to inspection and certification for compliance with the standards established, or designated hereunder inspect and certify for determination as to compliance with the standards or requirements of such foreign government and may provide for special certificates in such cases.
SEC. 4.
[7 U.S.C. 584]

EXEMPTIONS.
(a)

In General.—
Apples in less than carload lots as defined by the Secretary may, in his discretion, be shipped to any foreign country without complying with the provisions of this Act.
(b)

Bulk Containers.—
Apples may be shipped to Canada in bulk containers without complying with the provisions of this Act.
Sec. 5.
[7 U.S.C. 585]
For inspecting and certifying the grade, quality, and/or condition of apples the Secretary shall cause to be collected a reasonable fee which shall as nearly as may be cover the cost of the service rendered: Provided, That when cooperative arrangements satisfactory to the Secretary, or his designated representative, for carrying out the purposes of this Act cannot be made the fees collected hereunder in such cases shall be available until expended to defray the cost of the service rendered, and in such cases the limitations on the amounts expended for the purchase and maintenance of motor-propelled passenger-carrying vehicles shall not be applicable: Provided further, That certificates issued by the authorized agents of the United States Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained.
Sec. 6.
[7 U.S.C. 586]
After opportunity for hearing the Secretary is authorized to refuse the issuance of certificates under this Act for periods not exceeding ninety days to any person who ships or offers for shipment any apples in foreign commerce in violation of any of the provisions of this Act. Any Person or any common carrier or any transportation agency knowingly violating any of the provisions of this Act shall be fined not less than $100 nor more than $10,000 by a court of competent jurisdiction.
Sec. 7.
[7 U.S.C. 587]
The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this Act, and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person, whether operating in one or more jurisdictions; and shall have the power to appoint, remove and fix the compensation of such officers and employees not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses including reporting services, as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and as may be appropriated for by Congress. This Act shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this Act; but it is intended that all such statutes shall remain in full force and effect except in so far as they are inconsistent herewith or repugnant hereto.
Sec. 8.
[7 U.S.C. 588]
If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.
Sec. 9.
[7 U.S.C. 589]
That when used in this Act—
(1)
The term “person” includes individuals, partnerships, corporations, and associations.
(2)
The term “Secretary of Agriculture” means the Secretary of Agriculture of the United States.
(3)
Except as provided herein, the term “foreign commerce” means commerce between any State, or the District of Columbia, and any place outside of the United States or its possessions.
(4)
The term “apples” means fresh whole apples, whether or not the apples have been in storage.
(5)
The term “bulk container” means a container that contains a quantity of apples weighing more than 100 pounds.
Sec. 10.
[7 U.S.C. 590]
There are hereby authorized to be appropriated such sums as may be necessary for the administration of this Act.
Sec. 11.
[7 U.S.C. 581 note]
This Act may be cited as the “Export Apple Act”.