U.S. Cotton Standards Act

( 7 U.S.C.

51-65)

AN ACT To establish and promote the use of the official cotton
standards of the United States in interstate and foreign
commerce; t o prevent deception therein and provide for the
proper application of such standards; and for other purposes

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act shall be known by the short title of "United
States
Cotton Standards Act."
((7 U.S.C. 51.)
Sec. 2. That it shall be unlawful (a) in or in connection
with any transaction or shipment in commerce made after this
Act shall become effective, or (b) in any publication of a
price or quotation determined in or in connection with any
transaction or shipment in commerce after this Act shall
become effective, or (c) in any classification for the
purposes of or in connection with a transaction or shipment in
commerce after this Act shall become effective, for any person
to indicate for any cotton a grade or other class which is of
or within the official cotton standards of the United States
then in effect under this Act by a name, description, or
designation, or any system of names, description, or

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Approved March 4, 1923,42 Stat. 1517.Section 156(d) of Pub. L. 97-35,95 Stat. 374,
Aug. 13,1981states: "The Secretary of Agriculture shall hold annual meetings with
representatives of the cotton industry to review (1) activities and operations under the Cotton
Standards Act, and the Cotton Statistics and Estimates Act, (2) activities and operations relating
to cotton under the United States Warehouse Act, and (3) the effect of such activities and
operations on prices received by producers and sales to domestic and foreign users, for the
purpose of improving procedures for financing and administering such activities and operations
for the benefit of the industry and the Government. Notwithstanding any other provision of law,
the Secretary shall take such action as may be necessary to insure that the universal cotton
standards system and the licensing and inspection procedures for cotton warehouses are
preserved and that the Government cotton classification system continues to operate so that the
United States cotton crop is provided an official quality description."

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designation not used in said standards: Provided, That nothing
herein shall prevent a transaction otherwise lawful by actual
sample or on the basis of a private type which is used in good
faith and not in evasion of or substitution for said
standards. (7 U.S.C. 52.)
Sec. 3. That the Secretary of Agriculture may, upon
presentation of satisfactory evidence of competency, issue to
any person a license to grade or otherwise classify cotton and
to certificate the grade or other class thereof in accordance
with the official cotton standards of the United States. Any
such license may be suspended or revoked by the Secretary of
Agriculture whenever he is satisfied, after reasonable
opportunity afforded to the licensee for a hearing, that such
licensee is incompetent or has knowingly or carelessly
classified cotton improperly, or has violated any provision of
this Act or the regulations thereunder so far as the same may
relate to him, or has used his license or allowed it to be
used for any improper purpose. Pending investigation the
Secretary of Agriculture, whenever he deems necessary, may
suspend a license temporarily without a hearing. (7 U.S.C.
53.)
Sec. 4 . That any person who has custody of or a financial
interest in any cotton may submit the same or samples thereof,
drawn in accordance with the regulations of the Secretary of
Agriculture, to such officer or officers of the Department of
Agriculture, as may be designated for the purpose pursuant to
the regulations of the Secretary of Agriculture for a
determination of the true classification of such cotton or
samples, including the comparison thereof, if requested, with
types or other samples submitted for the purpose. The final
certificate of the Department of Agriculture showing such
determination shall be binding on officers of the United
States and shall be accepted in the courts of the United
States as prima facie evidence of the true classification or
comparison of such cotton or samples when involved in any
transaction or shipment in commerce. The Secretary of
Agriculture shall fix rules and regulations for submitting
samples of cotton for classification providing that all
samples shall be numbered so that no one interested in the
transaction involved shall be known by any classifier engaged
in the classification of such cotton samples. (7 U.S.C. 54)

Sec. 5.2 (a) The Secretary of Agriculture shall cause to be
collected such fees and charges for licenses issued to
classifiers of cotton under section 3 of this Act, for
determinations made under section 4 of this Act, and for the
establishment of standards and sale of copies of standards
under section 6 of this Act, as will cover, as nearly as
practicable, and after taking into consideration net proceeds
from any sale of samples, the costs incident to providing
services and standards under such sections, including
administrative and supervisory costs. Any fees or charges,
late payment penalties, or proceeds from the sales or samples
collected under this subsection, and any interest earned
through the investment of such funds shall be credited to the
current appropriation account that incurs the costs of the
services provided under this Act, and shall remain available
without fiscal year limitation to pay the expenses of the
Secretary incident to providing services and standards under
this Act and the United States Cotton Futures Act (7 U.S.C.
15b). 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. The Secretary
may provide by regulation conditions under which cotton
samples submitted or used in the performance of services
authorized by this Act shall become the property of the United
States and may be sold with the proceeds credited to the
foregoing account: Provided, That such cotton samples shall
not be subject to the provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
(b) The price established by the Secretary of Agriculture
under the foregoing provisions of this section for practical
forms representing the official cotton standards of the United
States shall cover, as nearly a$ practicable, the estimated
actual cost to the Department of Agriculture for developing
and preparing such practical forms. (7 U.S.C. 55.)

Sec. 5 was amended by Pub. L. 97-35,95
Stat.373, Aug. 13,1981,to require the Secretary,
effective Oct. 1, 1981,to collect fees for conon classing, establishment o f standards, and the sale
o f copies o f standards. Pub. L. 100-518,Sec. 4,102 Stat. 2587,Oct. 24, 1988,authorized
investment o f funds in certain interest-bearing accounts or debt instruments.

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Sec. 6.3 (a) That the Secretary of Agriculture is authorized
to establish from time to time standards for the
classification of cotton by which its quality or value may be
judged or determined for commercial purposes, which shall be
known as the official cotton standards of the United States.
Any such standard or change or replacement thereof shall
become effective only on and after a date specified in the
order of the Secretary of Agriculture establishing the same,
which date shall be not less than one year after the date of
such order: Provided, That the official cotton standards
established, effective August 1, 1923, under the United States
Cotton Futures Act shall be at the same time the official
cotton standards for the purpose of this Act unless and until
changed or replaced under this Act. Whenever any standard or
change or replacement thereof shall become effective under
this Act, it shall also, when so specified in the order of the
Secretary of Agriculture, become effective for the purposes of
the United States Cotton Futures Act and supersede any
inconsistent standard established under said Act. Whenever the
official cotton standards of the United States established
under this Act shall be represented by practical forms the
Department of Agriculture shall furnish copies thereof, upon
request, to any person, and the cost thereof, as determined by
the Secretary of Agriculture, shall be paid by the person
making the request. The Secretary of Agriculture may cause
such copies to be certified under the seal of the Department
of Agriculture and may attach such conditions to the purchase
and use thereof, including provision for the inspection,
condemnation, and exchange thereof by duly authorized
representatives of the Department of Agriculture, as he may
find to be necessary to the proper application of the official
cotton standards of the United States. Any moneys received
from or in connection with the sale of cotton purchased for
the preparation of such copies and condemned as unsuitable for
such use or with the sale of such copies may be expended for
the purchase of other cotton for such use. (7 U.S.C. 56, 57. )
(b) The Secretary of Agriculture is authorizedto effectuate
agreements with cotton associations, cotton exchanges, and
other cotton organizations in foreign countries, for (1) the

Act of Sept. 21. 1944, 58 Stat. 738,redesignated former section as subsection (a) and added

adoption, use, and observance of universal standards of cotton
classification, (2) the arbitration or settlement of disputes
with respect thereto, and (3) the preparation, distribution,
inspection, and protection of the practical forms or copies
thereof under such agreements. (7 U.S.C. 57a.)
Sec. 7 . That in order to carry out the provisions of this
Act, the Secretary of Agriculture is authorized to cause the
inspection, including the sampling, of any cotton involved in
any transaction or shipment in commerce, wherever such cotton
may be found, or of any cotton with respect to which a
determination of the true classification is requested under
section 4 of this Act. (7 U.S.C. 58.)
Sec. 8. That it shall be unlawful for any person (a) with
intent to deceive or defraud, to make, receive, use, or have
in his possession any simulate or counterfeit practical form
or copy of any standard or part thereof established under this
Act; or (b) without the written authority of the Secretary of
Agriculture, to make, alter, tamper with, or in any respect
change any practical form or copy of any standard established
under this Act; or (c) to display or use any such practical
form or copy after the Secretary of Agriculture shall have
caused it to be condemned. (7 U.S.C. 59.)
Sec. 9. That (a) any person who shall knowingly violate any
provision of sections 2 or 8 of this Act, or (b) any person
licensed under this Act who, for the purposes of or in
connection with any transaction or shipment in commerce, shall
knowingly classify cotton improperly, or shall knowingly
falsify or forge any certificate of classification, or shall
accept money or other consideration, either directly or
indirectly, for any neglect or improper performance of duty as
such licensee, or (c) any person who shall knowingly influence
improperly or attempt to influence improperly any person
licensed under this Act in the performance of his duties as
such licensee relating to any transaction or shipment in
commerce, or (d) any person who shall forcibly assault,
resist, impede, or interfere with or influence improperly or
attempt to influence improperly any person employed under this
Act in the performance of his duties, shall, upon conviction
thereof, be deemed guilty of a misdemeanor and shall be fined
not exceeding $1,000, or imprisoned not exceeding six months,
or both, in the discretion of the court. (7 U.S.C. 60.)
Sec. 10. That for the purposes of this Act the Secretary of
Agriculture shall cause to be promulgated such regulations,

may cause such investigations, tests, demonstrations, and
publications to be made, including the investigation and
determination of some practical method whereby repeated and
unnecessary sampling and classification of cotton may be
avoided, 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, as he shall find to be necessary. (7 U.S.C. 61.)
Sec. 11. That wherever used in this Act, (a) the word
"person"
imports the plural or the singular, as the case
demands, and includes an individual, a partnership, a
corporation, or two or more persons having a joint or common
interest; (b) the word "commerce" means commerce between any
State or the District of Columbia and any place outside
thereof, or between points within the same State or the
District of Columbia but through any place outside thereof, or
within the District of Columbia; and (c) the word "cotton"
means cotton of any variety produced within the continental
United States, including linters. When construing and
enforcing the provisions of this Act, the act, omission, or
failure of any agent, officer, or other person acting for or
employed by any person, within the scope of his employment or
office, shall in every case be deemed also the act, omission,
or failure of such person as well as that of such agent,
officer, or other person. (7 U.S.C. 62, 63.)
Sec. 12. That
there are hereby authorized to be appropriated out of any
moneys in the Treasury not otherwise appropriated, such sums
as may be necessary for carrying out the provieions of this
Act; and the Secretary of Agriculture is authorized, within
the limits of such appropriations, to appoint, remove, and fix
the compensations of such officers and employees, not in
conflict with existing law, and make such expenditures for
rent outside the district of Columbia, printing, telegrams,
telephones, law books, books of reference, periodicals,
furniture, stationery, office equipment, travel, and other
supplies and expenses as shall be necessary to the
administration of this Act in the District of Columbia and
elsewhere. (7 U.S.C. 64.)
Sec. 13. That 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 the
application of such provision to other persons and
circumstances shall not be affected thereby. (7 U.S.C. 65.)

Sec. 14. That this Act shall become effective on and after
August 1, 1923. (7 U.S.C. 51 note.)
JOINT RESOLUTIO~To authorize and dirsct the Secretary of
Agriculture to provide additional facilities for the
classification of cotton under the United States Cotton
Standards Act
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Secretary of Agriculture be requested to extend to cotton
growers facilities forthe classification of cotton authorized
in the United States Cotton Standards Act of March 4 , 1923 (42
Stat. L. 1517), with such supervision of licensed classifiers
as he shall deem necessary under authority of the United
States Cotton Futures Act. (7 U.S.C. 51a.)
Sec. 2. Further to carry out the purposes of the said United
States Cotton Standards Act the Secretary of Agriculture is
authorized to issue to any qualified person, upon presentation
of satisfactory evidence of competency, a license to sample
cotton. Any such license may be suspended or revoked by the
Secretary of Agriculture whenever he is satisfied that such
licensee is incompetent or has knowingly or carelessly sampled
cotton improperly, or has violated any provision of said Act
or the regulations thereunder so far as the same may relate to
him, or has used his license, or allowed it to be used, for
any improper purpose. The Secretary of Agriculture may
prescribe by regulation the conditions under which licenses
may be issued hereunder, and may require any licensed sampler
to give bond for the faithful performance of his duties and
for the protection of persons affected thereby and may
prescribe the conditions under which cotton shall be sampled
by licensed samplers for the purpose of classification by
officers of the Department of Agriculture, or by licensed
cotton classifiers. (7 U.S.C. 51b.)

'Joint Resolution approved March 4, 1933,47 Stat. 1621. Sections 1 and 2 were not enacted
as a part of the United States Cotton Standards Act.

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CONTRACTS WITH COOPERATIVES; FURNISHING CLASSERS AMOUNT TYPE
OF PAYMENT
That hereafter the Secretary may contract with cooperatives
furnishing classers and other facilities for classing cotton
and may pay for such services an amount, some part of which
may be in kind, not in excess of the value of the samplee.' (7
U.S.C. 51a-1.)

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Extract of Act of July 5, 1952, 66 Stat. 349. This provision was enacted as a part of the
Department of Agriculture Appropriation Act, 1953, and not as a part of the United States Cotton
Standards Act.

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