3381 THE LIARY OF THE S. R. A.-B. A. E. 121, second revision. Issued November 1938 United States Department of Agriculture BUREAU OF AGRICULTURAL ECONOMICS'S SERVICE AND REGULATORY ANNOUNCEMENTS NO. 121, SECOND REVISION i RULES AND REGULATIONS OF THE SECRETARY OF (Revised September 1938) Under an act of Congress approved June 10, 1930 (46 Stat. 531), as amended April 13, 1934 (48 Stat. 584), June 19, 1936 (49 Stat. 1533), August 20, 1937 (50 Stat. 725), and By virtue of the authority vested in the Secretary of Agriculture by an "Act to suppress unfair and fraudulent practices in the marketing of perishable agricultural commodities in interstate and foreign commerce," approved June 10, 1930 (46 Stat. 531), as amended April 13, 1934 (48 Stat. 584), June 19, 1936 (49 Stat. 1533), and August 20, 1937 (50 Stat. 725), I, M. L. Wilson, Acting 1 Amendment by the Secretary of Agriculture, effective September 9, 1938, changing regulation 3, sec. 3; regulation 3, sec. 8; regulation 5, sec. 2, par. 9, incorporated in 102187°-38--1 RULES AND REGULATIONS Regulation 1.-Definitions SECTION 1. Words used in these regulations in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. SEC. 2. The following definitions are included in the act and shall have the same meaning in these regulations. Paragraph 1. Person. This term includes individuals, partnerships, corporations, and associations. Par. 2. Secretary. This term means the Secretary of Agriculture of the United States. Par. 3. In commerce. This term means interstate or foreign commerce as defined in section 1, paragraphs 3 and 8 of the act. Par. 4. Perishable agricultural commodity. This term means any of the following, whether or not frozen or packed in ice: Fresh fruits and fresh vegetables of every kind and character. Par. 5. Commission merchant. This term means any person engaged in the business of receiving in interstate or foreign commerce any perishable agricultural commodity for sale on commission or for or on behalf of another. Par. 6 Dealer.—This term means any person engaged in the business of buying and/or selling in carloads any perishable agricultural commodity in interstate or foreign commerce, except that (a) no producer shall be required to obtain a license as a dealer if selling only commodities of his own raising, (b) no person buying in carloads solely for sale at retail shall be considered a dealer until his purchases of such produce in any one calendar year are in excess of 20 carloads, including wholesale or jobbing quantities as defined herein, and (c) no person buying such produce solely for canning and/or processing within the State where grown shall be considered a dealer, unless such produce, after purchase, is frozen or packed in ice. Any producer, retailer, or canner described in exceptions (a), (b), or (c) may elect to secure a license and in such case shall be considered a dealer. Par. 7. Broker. This term means any person engaged in the business of negotiating sales and purchases of any perishable agricultural commodity in interstate or foreign commerce for or on behalf of the vendor or the purchaser, respectively, or both. SEC. 3. The following additional definitions shall apply to terms used in these regulations. Paragraph 1. The Perishable Agricultural Commodities Act, 1930, or the act. This term means an act of Congress entitled, "An act to suppress unfair and fraudulent practices in the marketing of perishable agricultural commodities in interstate and foreign commerce," approved June 10, 1930 (46 Stat. 531), as amended April 13, 1934 (48 Stat. 584), June 19, 1936 (49 Stat. 1533), August 20, 1937 (50 Stat. 725), and June 23, 1938 (52 Stat. 953). Par. 2. Chief of Bureau. This term means the Chief or Acting Chief of the Bureau of Agricultural Economics of the United States Department of Agriculture. Par. 3. Licensee. This term means any person who holds an unrevoked and valid unsuspended license issued under the act. Par. 4. Branch. This term means any subdivision, whether permanent or seasonal, owned and conducted in the name of a firm licensed under this act, whose manager or other person responsible for the conduct of the branch has discretionary authority in performing the usual functions of a commission merchant, dealer, or broker. Par. 5. Inspector. This term shall be deemed to mean any person authorized or licensed by the Secretary to inspect any perishable agricultural commodity. Par. 6. Produce. This term means any perishable agricultural commodity, as defined in section 2 of this regulation. Par. 7. Fresh fruits and fresh vegetables. This term includes all products generally considered by the trade as perishable fruits and vegetables, whether or not frozen or packed in ice and whether or not held in common or cold storage, but does not include those which have been dried or manufactured into articles of food of a different character. Par. 8. Wholesale or jobbing quantities. This term as used in section 1, paragraph 6, of the act means quantities of produce of not less than 1 ton in |