---
kind: "section"
citation: "7 U.S.C. § 511s"
title: "7"
title_heading: "Agriculture"
number: "511s"
heading: "Grading of tobacco"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/511s"
units:
  - "Chapter 21A — Tobacco Inspection"
---

# §511s. Grading of tobacco

- (1) **In general—** Not later than March 31, 2002, the [Secretary](/usc/7/511.md?p=b) of Agriculture (referred to in this section as the “[Secretary](/usc/7/511.md?p=b)”) shall conduct referenda among producers of each kind of [tobacco](/usc/7/511.md?p=f) that is eligible for price support under the Agricultural Act of 1949 ([7 U.S.C. 1421](/usc/7/1421.md) et seq.) to determine whether such producers favor the mandatory grading of that kind of [tobacco](/usc/7/511.md?p=f) by the [Secretary](/usc/7/511.md?p=b).
- (2) **Mandatory grading—**
  - (A) **In general—** If the [Secretary](/usc/7/511.md?p=b) determines that mandatory grading is favored by a majority of the producers of a kind of [tobacco](/usc/7/511.md?p=f) voting in the referendum, the [Secretary](/usc/7/511.md?p=b) is authorized and directed to ensure that the kind of [tobacco](/usc/7/511.md?p=f) is graded at the time of sale effective for the 2002 and subsequent marketing years.
  - (B) **Fees—** To the maximum extent practicable, the [Secretary](/usc/7/511.md?p=b) shall establish, collect, and use fees for the grading of [tobacco](/usc/7/511.md?p=f) required under this section in the same manner as user fees for the grading of [tobacco](/usc/7/511.md?p=f) sold at auction authorized under the [Tobacco](/usc/7/511.md?p=f) Inspection Act ([7 U.S.C. 511](/usc/7/511.md) et seq.).
- (3) **Judicial review—** A determination by the [Secretary](/usc/7/511.md?p=b) under this section shall not be subject to judicial review.

## Source credit

(Pub. L. 107–76, title VII, § 759(a), Nov. 28, 2001, 115 Stat. 741.)

## Notes

### Editorial Notes

### References in Text

The Agricultural Act of 1949, referred to in par. (1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

The Tobacco Inspection Act, referred to in par. (2)(B), is act Aug. 23, 1935, ch. 623, 49 Stat. 731, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 511q of this title and Tables.

### Codification

Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002, and not as part of The Tobacco Inspection Act which comprises this chapter.