07 USC 12b. Trading ban violations; prohibition
TITLE 7 -- AGRICULTURE
It shall be unlawful for any person, against whom there is
outstanding any order of the Commission prohibiting him from trading on
or subject to the rules of any contract market, to make or cause to be
made in contravention of such order, any contract for future delivery of
any commodity, on or subject to the rules of any contract market.
(Sept. 21, 1922, ch. 369, 8b, as added Feb. 19, 1968, Pub. L.
90-258, 24, 82 Stat. 33; amended Oct. 23, 1974, Pub. L. 93-463, title
I, 103(a), 88 Stat. 1392.)
1974 -- Pub. L. 93-463 substituted ''Commission'' for ''Secretary of
Agriculture''.
For effective date of amendment by Pub. L. 93-463 see section 418 of
Pub. L. 93-463, set out as a note under section 2 of this title.
Section effective 120 days after Feb. 19, 1968, see section 28 of
Pub. L. 90-258, set out as an Effective Date of 1968 Amendment note
under section 2 of this title.
07 USC 12c. Disciplinary actions; notice; review of action by
Commission
TITLE 7 -- AGRICULTURE
(a) Action taken; written notice of reasons for action
(1) Any exchange or the Commission if the exchange fails to act, may
suspend, expel, or otherwise discipline any person who is a member of
that exchange, or deny any person access to the exchange. Any such
action shall be taken solely in accordance with the rules of that
exchange.
(2) Any suspension, expulsion, disciplinary, or access denial
procedure established by an exchange rule shall provide for written
notice to the Commission and to the person who is suspended, expelled,
or disciplined, or denied access, within thirty days, which includes the
reasons for the exchange action in the form and manner the Commission
prescribes. An exchange shall make public its findings and the reasons
for the exchange action in any such proceeding, including the action
taken or the penalty imposed, but shall not disclose the evidence
therefor, except to the person who is suspended, expelled, or
disciplined, or denied access, and to the Commission.
(b) Review by Commission
The Commission may, in its discretion and in accordance with such
standards and procedures as it deems appropriate, review any decision by
an exchange whereby a person is suspended, expelled, otherwise
disciplined, or denied access to the exchange. In addition, the
Commission may, in its discretion and upon application of any person who
is adversely affected by any other exchange action, review such action.
(c) Affirmance, modification, set aside, or remand of action
The Commission may affirm, modify, set aside, or remand any exchange
decision it reviews pursuant to subsection (b) of this section, after a
determination on the record whether the action of the exchange was in
accordance with the policies of this chapter. Subject to judicial
review, any order of the Commission entered pursuant to subsection (b)
of this section shall govern the exchange in its further treatment of
the matter.
(d) Stay of action
The Commission, in its discretion, may order a stay of any action
taken pursuant to subsection (a) of this section pending review thereof.
(e) Major disciplinary rule violations
(1) The Commission shall issue regulations requiring each contract
market to establish and make available to the public a schedule of major
violations of any rule within the disciplinary jurisdiction of such
contract market.
(2) The regulations issued by the Commission pursuant to this
subsection shall prohibit, for a period of time to be determined by the
Commission, any individual who is found to have committed any major
violation from service on the governing board of any contract market or
registered futures association, or on any disciplinary committee
thereof.
(Sept. 21, 1922, ch. 369, 8c, as added Oct. 23, 1974, Pub. L.
93-463, title II, 216, 88 Stat. 1405; amended Sept. 30, 1978, Pub. L.
95-405, 18, 92 Stat. 874; Oct. 28, 1992, Pub. L. 102-546, title II,
206(a)(2), 106 Stat. 3602.)
1992 -- Pub. L. 102-546 redesignated pars. (1) to (4) as subsecs.
(a) to (d), respectively, in subsec. (a) redesignated subpars. (A) and
(B) as pars. (1) and (2), respectively, in subsec. (c) substituted
references to subsection (b) for references to paragraph (2), in subsec.
(d) substituted reference to subsection (a) for reference to paragraph
(1), and added subsec. (e).
1978 -- Par. (1)(B). Pub. L. 95-405 substituted ''An exchange shall
make public its findings and the reasons for the exchange action in any
such proceeding, including the action taken or the penalty imposed, but
shall not disclose the evidence therefor, except to the person who is
suspended, expelled, or disciplined or denied access, and to the
Commission'' for ''Otherwise the notice and reasons shall be kept
confidential''.
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
For effective date of section, see section 418 of Pub. L. 93-463,
set out as an Effective Date of 1968 Amendment note under section 2 of
this title.
07 USC 12d. Commission action for noncompliance with export sales
reporting requirements
TITLE 7 -- AGRICULTURE
The Commission may, in accordance with the procedures provided for in
this chapter, refuse to register, register conditionally, or suspend,
place restrictions upon, or revoke the registration of, any person, and
may bar for any period as it deems appropriate any person from using or
participating in any manner in any market regulated by the Commission,
if such person is subject to a final decision or order of any court of
competent jurisdiction or agency of the United States finding such
person to have knowingly violated any provision of the export sales
reporting requirements of section 612c-3 /1/ of this title, or of any
regulation issued thereunder.
(Sept. 21, 1922, ch. 369, 8d, as added Jan. 11, 1983, Pub. L.
97-444, title II, 226, 96 Stat. 2316.)
Section 612c-3 of this title, referred to in text, was repealed by
Pub. L. 101-624, title XV, 1578, Nov. 28, 1990, 104 Stat. 3702.
Section effective Jan. 11, 1983, see section 239 of Pub. L.
97-444, set out as an Effective Date of 1983 Amendment note under
section 2 of this title.
/1/ See References in Text note below.
07 USC 12e. Commission oversight; deficiency orders
TITLE 7 -- AGRICULTURE
(a) Assessments
At least once every two years, to the extent practicable, the
Commission shall assess whether the trade monitoring system of each
contract market satisfies section 7a(b) of this title.
(b) Deficiency orders
(1) Causes
The Commission may issue a proposed deficiency order in accordance
with paragraph (2), or take such other administrative or enforcement
action as the Commission determines is appropriate, if, based on its
assessment or on other information, the Commission at any time has
reason to believe that a contract market's trade monitoring system
implemented pursuant to section 7a(b) of this title does not satisfy one
or more of the requirements of such section.
(2) Contents
A proposed deficiency order issued under this subsection shall
specify --
(A) the deficiencies the Commission has reason to believe exist in
the trade monitoring system of the contract market and a statement of
reasons supporting the Commission's belief that those deficiencies
exist;
(B) the corrective action that the Commission believes that the
contract market must take and an acceptable timetable for such
corrective action; and
(C) a date, not less than twenty days from the date of issuance of
the proposed deficiency order, when such deficiency order will become
final, subject to subsection (d) /1/ of this section.
(3) Remedies
On becoming final, the Commission deficiency order may --
(A) require the contract market to --
(i) institute appropriate improvements in its trade monitoring system
necessary to correct the deficiencies noted therein;
(ii) satisfy stated objective performance criteria to correct such
deficiencies;
(iii) upgrade or reconfigure existing systems for collecting or
processing relevant data on trading and trader or broker activity,
including, where appropriate, the commitment of additional resources;
or
(B) revoke any exemption of the contract market from the regulations
prohibiting the privilege of dual trading under section 6j(a) of this
title, if the deficiency noted in such deficiency order relates to --
(i) the audit trail system the contract market is required to
maintain under paragraph (2), (3), or (4) of section 7a(b) of this
title; or
(ii) the prevention, detection, or disciplining of violations
attributable to such trading at such contract market, subject to the
standards, exceptions, and duration provisions of section 6j(a) of this
title; or
(C) take any combination of the actions described in subparagraphs
(A) and (B).
(4) Removal
If the Commission finds, after notice and opportunity for a hearing
on the record prior to such deficiency order becoming final, that a
named officer, director, committee member, or employee of such contract
market has willfully --
(A) violated this chapter, the rules or regulations of the Commission
thereunder, or the rules of such contract market;
(B) abused the authority of such person; or
(C) without reasonable justification or excuse, failed to enforce
compliance with any provision of the rules of such contract market by
any member or person associated with a member thereof,
the Commission may issue a deficiency order under this section to
remove such officer, director, committee member, or employee.
(5) Designation as contract market
Notwithstanding section 8 of this title, during the period that a
proposed or final deficiency order under this section is in effect, the
Commission may refrain from approving any application for designation as
a contract market made by the board of trade whose contract market is
the subject of such deficiency order.
(6) Delegation
The Commission shall not delegate the authority to issue deficiency
orders under this subsection.
(c) Rescission, modification, or delay of deficiency orders
Before any proposed deficiency order issued by the Commission under
subsection (b) of this section may become final, the Commission shall --
(1) provide the affected contract market with an opportunity for a
hearing through submission of written data, views, or arguments and,
under terms set by the Commission at the request of the contract market,
through an oral presentation of views and comments to the Commission, in
order to petition the Commission to rescind, modify, or delay such
deficiency order; and
(2) rule on such petition, not less than twenty days before the
deficiency order takes effect, making findings, as appropriate, as to
whether --
(A) the deficiencies cited by the Commission have been corrected or
are being corrected under an expeditious timetable acceptable to the
Commission;
(B) the trade monitoring system of the contract market is deficient
as noted in the deficiency order; or
(C) the timetable for corrective action by the contract market in the
proposed deficiency order, and the particular corrective action
proposed, is appropriate in light of the deficiencies noted and the
purposes of this chapter.
(d) Penalties
Violation of a final deficiency order issued under subsection (c) of
this section shall be considered a violation of an order of the
Commission for purposes of --
(1) establishing liability and assessing penalties against a contract
market or any director, officer, agent, or employee thereof under
section 13a or 13a-1 of this title; or
(2) initiating proceedings under section 7b or 8(a) of this title.
(e) Judicial review
(1) Persons
Any person, other than a contract market, aggrieved by a deficiency
order issued under subsection (b)(4) of this section, may obtain review
of such deficiency order when issued by the Commission under the terms
and conditions in section 8(b) of this title.
(2) Contract markets
Any contract market that has petitioned the Commission to rescind,
modify, or delay any proposed deficiency order issued under subsection
(b) of this section may obtain judicial review of any final such
deficiency order only in the United States Court of Appeals for the
circuit in which the party seeking review resides or has its principal
place of business, or in the United States Court of Appeals for the
District of Columbia Circuit, under the standards applicable to
rulemaking proceedings under section 553 of title 5.
(Sept. 21, 1922, ch. 369, 8e, as added Oct. 28, 1992, Pub. L.
102-546, title II, 202(a), 106 Stat. 3598.)
Section 8 of this title, referred to in subsec. (b)(5), was in the
original ''section 6'' meaning section 6 of act Sept. 21, 1922, ch.
369, which is classified to sections 8, 9, 9a, 13b, and 15 of this
title. See Codification note set out under section 8 of this title.
/1/ So in original. Probably should be subsection ''(c)''.
07 USC 13. Violations generally; punishment; costs of prosecution
TITLE 7 -- AGRICULTURE
(a) Felonies generally
It shall be a felony punishable by a fine of not more than $1,000,000
(or $500,000 in the case of a person who is an individual) or
imprisonment for not more than five years, or both, together with the
costs of prosecution, for:
(1) Any person registered or required to be registered under this
chapter, or any employee or agent thereof, to embezzle, steal, purloin,
or with criminal intent convert to such person's use or to the use of
another, any money, securities, or property having a value in excess of
$100, which was received by such person or any employee or agent thereof
to margin, guarantee, or secure the trades or contracts of any customer
or accruing to such customer as a result of such trades or contracts or
which otherwise was received from any customer, client, or pool
participant in connection with the business of such person. The word
''value'' as used in this paragraph means face, par, or market value, or
cost price, either wholesale or retail, whichever is greater.
(2) Any person to manipulate or attempt to manipulate the price of
any commodity in interstate commerce, or for future delivery on or
subject to the rules of any contract market, or to corner or attempt to
corner any such commodity or knowingly to deliver or cause to be
delivered for transmission through the mails or interstate commerce by
telegraph, telephone, wireless, or other means of communication false or
misleading or knowingly inaccurate reports concerning crop or market
information or conditions that affect or tend to affect the price of any
commodity in interstate commerce, or knowingly to violate the provisions
of section 6, section 6b, subsections (a) through (e) of subsection /1/
6c, section 6h, section 6o(1), or section 23 of this title.
(3) Any person knowingly to make, or cause to be made, any statement
in any application, report, or document required to be filed under this
chapter or any rule or regulation thereunder or any undertaking
contained in a registration statement required under this chapter, or by
any contract market or registered futures association in connection with
an application for membership or participation therein or to become
associated with a member thereof, which statement was false or
misleading with respect to any material fact, or knowingly to omit any
material fact required to be stated therein or necessary to make the
statements therein not misleading.
(4) Any person willfully to falsify, conceal, or cover up by any
trick, scheme, or artifice a material fact, make any false, fictitious,
or fraudulent statements or representations, or make or use any false
writing or document knowing the same to contain any false, fictitious,
or fraudulent statement or entry to a contract market, board of trade,
or futures association designated or registered under this chapter
acting in furtherance of its official duties under this chapter.
(5) Any person willfully to violate any other provision of this
chapter, or any rule or regulation thereunder, the violation of which is
made unlawful or the observance of which is required under the terms of
this chapter, but no person shall be subject to imprisonment under this
paragraph for the violation of any rule or regulation if such person
proves that he had no knowledge of such rule or regulation.
(b) Suspension of convicted felons
Any person convicted of a felony under this section shall be
suspended from registration under this chapter and shall be denied
registration or reregistration for five years or such longer period as
the Commission may determine, and barred from using, or participating in
any manner in, any market regulated by the Commission for five years or
such longer period as the Commission shall determine, on such terms and
conditions as the Commission may prescribe, unless the Commission
determines that the imposition of such suspension, denial of
registration or reregistration, or market bar is not required to protect
the public interest. The Commission may upon petition later review such
disqualification and market bar and for good cause shown reduce the
period thereof.
(c) Transactions by Commissioners and Commission employees prohibited
It shall be a felony punishable by a fine of not more than $500,000
or imprisonment for not more than five years, or both, together with the
costs of prosecution, for any Commissioner of the Commission or any
employee or agent thereof, to participate, directly or indirectly, in
any transaction in commodity futures or any transaction of the character
of or which is commonly known to the trade as an ''option'',
''privilege'', ''indemnity'', ''bid'', ''offer'', ''put'', ''call'',
''advance guaranty'', or ''decline guaranty'', or any transaction for
the delivery of any commodity under a standardized contract commonly
known to the trade as a margin account, margin contract, leverage
account, or leverage contract, or under any contract, account,
arrangement, scheme, or device that the Commission determines serves the
same function or functions as such a standardized contract, or is
marketed or managed in substantially the same manner as such a
standardized contract, or for any such person to participate, directly
or indirectly, in any investment transaction in an actual commodity if
nonpublic information is used in the investment transaction, if the
investment transaction is prohibited by rule or regulation of the
Commission, or if the investment transaction is effected by means of any
instrument regulated by the Commission. The foregoing prohibitions
shall not apply to any transaction or class of transactions that the
Commission, by rule or regulation, has determined would not be contrary
to the public interest or otherwise inconsistent with the purposes of
this subsection.
(d) Use of information by Commissioners and Commission employees
prohibited
It shall be a felony punishable by a fine of not more than $500,000
or imprisonment for not more than five years, or both, together with the
costs of prosecution -- (1) for any Commissioner of the Commission or
any employee or agent thereof who, by virtue of his employment or
position, acquires information which may affect or tend to affect the
price of any commodity futures or commodity and which information has
not been made public to impart such information with intent to assist
another person, directly or indirectly, to participate in any
transaction in commodity futures, any transaction in an actual
commodity, or in any transaction of the character of or which is
commonly known to the trade as an ''option'', ''privilege'',
''indemnity'', ''bid'', ''offer'', ''put'', ''call'', ''advance
guaranty'', or ''decline guaranty'', or in any transaction for the
delivery of any commodity under a standardized contract commonly known
to the trade as a margin account, margin contract, leverage account, or
leverage contract, or under any contract, account, arrangement, scheme,
or device that the Commission determines serves the same function or
functions as such a standardized contract, or is marketed or managed in
substantially the same manner as such a standardized contract; and (2)
for any person to acquire such information from any Commissioner of the
Commission or any employee or agent thereof and to use such information
in any transaction in commodity futures, any transaction in an actual
commodity, or in any transaction of the character of or which is
commonly known to the trade as an ''option'', ''privilege'',
''indemnity'', ''bid'', ''offer'', ''put'', ''call'', ''advance
guaranty'', or ''decline guaranty'', or in any transaction for the
delivery of any commodity under a standardized contract commonly known
to the trade as a margin account, margin contract, leverage account, or
leverage contract, or under any contract, account, arrangement, scheme,
or device that the Commission determines serves the same function or
functions as such a standardized contract, or is marketed or managed in
substantially the same manner as such a standardized contract.
(e) Redesignated (d)
(f) Insider trading prohibited
It shall be a felony for any person --
(1) who is an employee, member of the governing board, or member of
any committee of a board of trade, contract market, or registered
futures association, in violation of a regulation issued by the
Commission, willfully and knowingly to trade for such person's own
account, or for or on behalf of any other account, in contracts for
future delivery or options thereon on the basis of, or willfully and
knowingly to disclose for any purpose inconsistent with the performance
of such person's official duties as an employee or member, any material
nonpublic information obtained through special access related to the
performance of such duties. /2/
(2) willfully and knowingly to trade for such person's own account,
or for or on behalf of any other account, in contracts for future
delivery or options thereon on the basis of any material nonpublic
information that such person knows was obtained in violation of
paragraph (1) from an employee, member of the governing board, or member
of any committee of a board of trade, contract market, or registered
futures association.
Such felony shall be punishable by a fine of not more than $500,000,
plus the amount of any profits realized from such trading or disclosure
made in violation of this subsection, or imprisonment for not more than
five years, or both, together with the costs of prosecution.
(Sept. 21, 1922, ch. 369, 9, 42 Stat. 1003; June 15, 1936, ch.
545, 2, 11, 49 Stat. 1491, 1501; Feb. 19, 1968, Pub. L. 90-258, 25,
82 Stat. 33; Oct. 23, 1974, Pub. L. 93-463, title II, 212(d), title
IV, 401, 409, 88 Stat. 1404, 1412, 1414; Sept. 30, 1978, Pub. L.
95-405, 19, 92 Stat. 875; Jan. 11, 1983, Pub. L. 97-444, title II,
227, 96 Stat. 2316; Nov. 10, 1986, Pub. L. 99-641, title I, 105,
110(3), (4), 100 Stat. 3558, 3561; Oct. 28, 1992, Pub. L. 102-546,
title II, 212(a), 214(a), 106 Stat. 3608, 3610.)
1992 -- Subsec. (a). Pub. L. 102-546, 212(a)(1)(A), (C), added
subsec. (a) and struck out former subsec. (a) which related to penalty
for embezzlement and larcenous actions.
Subsec. (b). Pub. L. 102-546, 212(a)(1)(A), (C), added subsec. (b)
and struck out former subsec. (b) which related to penalty for price
manipulation, cornering, and fraudulent information.
Subsec. (c). Pub. L. 102-546, 212(a)(1)(A), (B), (2), redesignated
subsec. (d) as (c), substituted ''$500,000'' for ''$100,000'', and
struck out former subsec. (c) which related to penalty for
misdemeanors.
Subsecs. (d) to (f). Pub. L. 102-546, 212(a)(1)(B), (3), 214(a),
redesignated subsec. (e) as (d), substituted ''$500,000'' for
''$100,000'', and added subsec. (f).
1986 -- Subsec. (c). Pub. L. 99-641, 110(3), substituted ''6k,''
for ''6k.''
Subsec. (d). Pub. L. 99-641, 110(4), substituted ''advance
guaranty'' for ''advance guarantee''.
Pub. L. 99-641, 105, inserted ''if nonpublic information is used in
the investment transaction, if the investment transaction is prohibited
by rule or regulation of the Commission, or if the investment
transaction is effected by means of any instrument regulated by the
Commission'' after ''actual commodity'', and substituted provisions
which related to foregoing prohibitions not being applicable to
transactions determined by Commission not contrary to public interest or
inconsistent with this subsection for provisions which read as follows:
''Such prohibition against any investment transaction in an actual
commodity shall not apply to (1) a transaction in which such person buys
an agricultural commodity or livestock for use in such person's own
farming or ranching operations or sells an agricultural commodity which
such person has produced in connection with such person's own farming or
ranching operations nor to any transaction in which such person sells
livestock owned by such person for at least three months, (2) a
transaction entered into by the trustee of a trust established by such
person over which such person exercises no control if such transaction
is entered into solely to hedge against adverse price changes in
connection with such farming or ranching operations or is a transaction
for the lease of oil or gas or other mineral rights or interests owned
by such person, or (3) a transaction in which such person buys or sells,
directly or indirectly (except by means of an instrument regulated by
the Commission), a United States Government security, a certificate of
deposit, or a similar financial instrument if no nonpublic information
is used by such person in such transaction. With respect to such
excepted transactions, the Commission shall require any Commissioner of
the Commission or any employee or agent thereof who participates in any
such transaction to notify the Commission thereof in accordance with
such regulations as the Commission shall prescribe and the Commission
shall make such information available to the public.''
1983 -- Subsec. (a). Pub. L. 97-444, 227(1), expanded applicability
to any person registered or required to be registered under this chapter
and inserted provision suspending persons convicted under this subsec.
from registration and denying reregistration for five years or longer as
determined by the Commission, unless such suspension or denial is not
required to protect the public interest.
Subsec. (b). Pub. L. 97-444, 227(2), inserted ''A person convicted
of a felony under this subsection shall be suspended from any
registration under this chapter, denied registration or reregistration
for five years or such longer period as the Commission shall determine,
and barred from using or participating in any manner in any market
regulated by the Commission for five years or such longer period as the
Commission shall determine on such terms and conditions as the
Commission may prescribe, unless the Commission determines that the
imposition of such suspension, denial of registration or reregistration,
or market bar is not required to protect the public interest. The
Commission may upon petition later review such disqualification and
market bar and for good cause shown reduce the period thereof.''
Subsec. (c). Pub. L. 97-444, 227(3), inserted ''A person convicted
under this subsection of knowingly violating the provisions of section
6a of this title shall be suspended from any registration under this
chapter, denied registration or reregistration for a period of two years
or such longer period as the Commission shall determine, and barred from
using or participating in any manner in any market regulated by the
Commission for two years or such longer period as the Commission shall
determine on such terms and conditions as the Commission may prescribe,
unless the Commission determines that the imposition of such suspension,
denial of registration or reregistration, or market bar is not required
to protect the public interest. The Commission may upon petition later
review such disqualification and market bar and for good cause shown
reduce the period thereof.''
Subsec. (d). Pub. L. 97-444, 227(4), in amending subsec. (d)
generally, added to range of felonious conduct, participation in any
transaction for the delivery of any commodity under a standardized
contract commonly known to the trade as a margin account, margin
contract, leverage account, or leverage contract, or under any contract,
account, arrangement, scheme, or device that the Commission determines
serves the same function or functions as such a standardized contract,
or is marketed or managed in substantially the same manner as such a
standardized contract, and added to nonapplicability of prohibition
against any investment transaction in an actual commodity, a transaction
entered into by the trustee of a trust established by such person over
which such person exercises no control if such transaction is entered
into solely to hedge against adverse price changes in connection with
such farming or ranching operations or is a transaction for the lease of
oil or gas or other mineral rights or interests owned by such person, or
a transaction in which such person buys or sells, directly or indirectly
(except by means of an instrument regulated by the Commission), a United
States Government security, a certificate of deposit, or a similar
financial instrument if no nonpublic information is used by such person
in such transaction.
Subsec. (e). Pub. L. 97-444, 227(5), inserted after words '''decline
guaranty''' each place they appear the following: '', or in any
transaction for the delivery of any commodity under a standardized
contract commonly known to the trade as a margin account, margin
contract, leverage account, or leverage contract, or under any contract,
account, arrangement, scheme, or device that the Commission determines
serves the same function or functions as such a standardized contract,
or is marketed or managed in substantially the same manner as such a
standardized contract''.
1978 -- Subsec. (a). Pub. L. 95-405, 19(1), substituted
''$500,000'' for ''$100,000'' and inserted provision relating to a fine
of not more than $100,000 plus costs of prosecution for a violation by a
person who is an individual.
Subsec. (b). Pub. L. 95-405, 19(2), substituted ''$500,000'' for
''$100,000'' and inserted provisions making felonies the violation of
sections 6, 6b, 6c(b) to (e), 6h, 6o(1) and 23 of this title, knowingly
making any false or misleading statement of material fact, or omitting
such fact in any application or report, and setting the fine for such
felonies at not more than $100,000 for a person who is an individual.
Subsec. (c). Pub. L. 95-405, 19(3), inserted references to subsecs.
(d) and (e) of this section and substituted ''sections 6a, 6c(a), 6d,
6e, 6i, 6k, 6m, 6o(2), or 12b of this title'' for ''sections 6 to 6e,
6h, 6i, 6k, 6m, 6o or 12b of this title''.
Subsecs. (d), (e). Pub. L. 95-405, 19(4), (5), substituted
''$100,000'' for ''$10,000''.
1974 -- Subsecs. (a), (b). Pub. L. 93-463, 212(d)(1), (2),
substituted ''$100,000'' for ''$10,000''.
Subsec. (c). Pub. L. 93-463, 212(d)(3), 409, substituted
''$100,000'' for ''$10,000'' and inserted reference to sections 6k, 6m,
and 6o of this title.
Subsecs. (d), (e). Pub. L. 93-463, 401, added subsecs. (d) and
(e).
1968 -- Subsec. (a). Pub. L. 90-258 added subsec. (a).
Subsec. (b). Pub. L. 90-258 incorporated existing offenses in
provisions designated as subsec. (b), changed classification thereof
from misdemeanors to felonies, and increased term of imprisonment from
not more than one year to not more than five years.
Subsec. (c). Pub. L. 90-258 incorporated existing offenses in
provisions designated as subsec. (c), and included penalty for
violation of section 12b of this title.
1936 -- Act June 15, 1936, amended section generally and provided
that price manipulations of commodities in interstate commerce was a
violation.
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
For effective date of amendment by Pub. L. 93-463, see section 418
of Pub. L. 93-463, set out as a note under section 2 of this title.
Amendment by Pub. L. 90-258 effective 120 days after Feb. 19, 1968,
see section 28 of Pub. L. 90-258, set out as a note under section 2 of
this title.
Amendment by act June 15, 1936, effective 90 days after June 15,
1936, see section 13 of that act, set out as a note under section 1 of
this title.
Section 214(b) of Pub. L. 102-546 provided that: ''The Commodity
Futures Trading Commission shall issue regulations to implement the
amendment made by subsection (a) (amending this section) not later than
three hundred and sixty days after the date of enactment of this Act
(Oct. 28, 1992).''
Section 225 of Pub. L. 102-546 provided that:
''(a) Study. -- The Commodity Futures Trading Commission shall study
the penalties the Commission imposes against persons found to have
violated the Commodity Exchange Act (7 U.S.C. 1 et seq.) and the
penalties imposed by contract markets and registered futures
associations against persons found to have violated their respective
rules established under such Act.
''(b) Report. -- Not later than two years after the date of enactment
of this Act (Oct. 28, 1992), the Commission shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
that describes the results of the study conducted under subsection (a).
The report shall --
''(1) include an analysis of whether systematic differences exist
among penalties imposed by various contract markets and registered
futures associations for similar offenses, and, if so, the causes of
such differences;
''(2) propose industry-wide guidelines or rules to make penalty
levels among contract markets and registered futures associations
consistent, including, if appropriate, minimum penalties or penalty
ranges for various offenses; and
''(3) propose guidelines or rules to make Commission penalty levels
consistent, including, if appropriate, minimum penalties or penalty
ranges for various offenses.''
/1/ So in original. Probably should be ''section''.
/2/ So in original. The period probably should be ''; or''.
07 USC 13-1. Violations, prohibition against dealings in onion
futures; punishment
TITLE 7 -- AGRICULTURE
(a) No contract for the sale of onions for future delivery shall be
made on or subject to the rules of any board of trade in the United
States. The terms used in this section shall have the same meaning as
when used in this chapter.
(b) Any person who shall violate the provisions of this section shall
be deemed guilty of a misdemeanor and upon conviction thereof be fined
not more than $5,000.
(Pub. L. 85-839, 1, Aug. 28, 1958, 72 Stat. 1013.)
Section was not enacted as part of the Commodity Exchange Act which
comprises this chapter.
Section 2 of Pub. L. 85-839 provided that: ''This Act (enacting
this section) shall take effect thirty days after its enactment (Aug.
28, 1958).''
07 USC 13a. Nonenforcement of rules of government or other violations;
cease and desist orders; fines and penalties; imprisonment;
misdemeanor; separate offenses
TITLE 7 -- AGRICULTURE
If any contract market is not enforcing or has not enforced its rules
of government made a condition of its designation as set forth in
section 7 of this title, or if any contract market, or any director,
officer, agent, or employee of any contract market otherwise is
violating or has violated any of the provisions of this chapter or any
of the rules, regulations, or orders of the Commission thereunder, the
Commission may, upon notice and hearing on the record and subject to
appeal as in other cases provided for in section 8(b) of this title,
make and enter an order directing that such contract market, director,
officer, agent, or employee shall cease and desist from such violation,
and assess a civil penalty of not more than $500,000 for each such
violation. If such contract market, director, officer, agent, or
employee, after the entry of such a cease and desist order and the lapse
of the period allowed for appeal of such order or after the affirmance
of such order, shall fail or refuse to obey or comply with such order,
such contract market, director, officer, agent, or employee shall be
guilty of a misdemeanor and, upon conviction thereof, shall be fined not
more than $500,000 or imprisoned for not less than six months nor more
than one year, or both. Each day during which such failure or refusal
to obey such cease and desist order continues shall be deemed a separate
offense. If the offending contract market or other person upon whom
such penalty is imposed, after the lapse of the period allowed for
appeal or after the affirmance of such penalty, shall fail to pay such
penalty, the Commission shall refer the matter to the Attorney General
who shall recover such penalty by action in the appropriate United
States district court. In determining the amount of the money penalty
assessed under this section, the Commission shall consider the gravity
of the offense, and in the case of a contract market shall further
consider whether the amount of the penalty will materially impair the
contract market's ability to carry on its operations and duties.
(Sept. 21, 1922, ch. 369, 6b, as added June 15, 1936, ch. 545, 9,
49 Stat. 1500; amended Feb. 19, 1968, Pub. L. 90-258, 18, 82 Stat. 31;
Oct. 23, 1974, Pub. L. 93-463, title II, 212(b), 88 Stat. 1403;
Sept. 30, 1978, Pub. L. 95-405, 14, 92 Stat. 872; Oct. 28, 1992, Pub.
L. 102-546, title II, 209(b)(5), 212(c), 106 Stat. 3607, 3609.)
1992 -- Pub. L. 102-546 substituted ''section 8(b) of this title''
for ''paragraph (a) of section 8 of this title'', substituted
''$500,000'' for ''$100,000'' in two places, and in last sentence struck
out ''the appropriateness of such penalty to the net worth of the
offending person and'' after ''Commission shall consider''.
1978 -- Pub. L. 95-405 inserted ''on the record'' after ''notice and
hearing''.
1974 -- Pub. L. 93-463 inserted provision for assessment of a civil
penalty of not more than $100,000 for each violation, substituted ''not
more than $100,000'' for ''not less than $500 nor more than $10,000'' as
permissible range of fines imposed, inserted provisions for enforcement
of a penalty, and substituted ''orders of the Commission'' for ''orders
of the Secretary of Agriculture or the commission''.
1968 -- Pub. L. 90-258 amended section to clarify application only
to boards of trade designated as contract markets, to include as grounds
for cease and desist orders failure to enforce the market's rules of
government made a condition of its designation and violation of rules or
regulations of the commission or orders of the Secretary, and to
authorize such orders in conjunction with a suspension or revocation of
designation as a contract market rather than in lieu of suspension or
revocation.
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
For effective date of amendment by Pub. L. 93-463, see section 418
of Pub. L. 93-463, set out as a note under section 2 of this title.
Amendment by Pub. L. 90-258 effective 120 days after Feb. 19, 1968,
see section 28 of Pub. L. 90-258, set out as a note under section 2 of
this title.
For effective date of section, see section 13 of act June 15, 1936,
set out as an Effective Date of 1936 Amendment note under section 1 of
this title.
07 USC 13a-1. Enjoining or restraining violations
TITLE 7 -- AGRICULTURE
(a) Action to enjoin or restrain violations
Whenever it shall appear to the Commission that any contract market
or other person has engaged, is engaging, or is about to engage in any
act or practice constituting a violation of any provision of this
chapter or any rule, regulation, or order thereunder, or is restraining
trading in any commodity for future delivery, the Commission may bring
an action in the proper district court of the United States or the
proper United States court of any territory or other place subject to
the jurisdiction of the United States, to enjoin such act or practice,
or to enforce compliance with this chapter, or any rule, regulation or
order thereunder, and said courts shall have jurisdiction to entertain
such actions: Provided, That no restraining order (other than a
restraining order which prohibits any person from destroying, altering
or disposing of, or refusing to permit authorized representatives of the
Commission to inspect, when and as requested, any books and records or
other documents or which prohibits any person from withdrawing,
transferring, removing, dissipating, or disposing of any funds, assets,
or other property, and other than an order appointing a temporary
receiver to administer such restraining order and to perform such other
duties as the court may consider appropriate) or injunction for
violation of the provisions of this chapter shall be issued ex parte by
said court.
(b) Injunction or restraining order
Upon a proper showing a permanent or temporary injunction or
restraining order shall be granted without bond.
(c) Writs or other orders
Upon application of the Commission, the district courts of the United
States and the United States courts of any territory or other place
subject to the jurisdiction of the United States shall also have
jurisdiction to issue writs of mandamus, or orders affording like
relief, commanding any person to comply with the provisions of this
chapter or any rule, regulation, or order of the Commission thereunder,
including the requirement that such person take such action as is
necessary to remove the danger of violation of this chapter or any such
rule, regulation, or order: Provided, That no such writ of mandamus, or
order affording like relief, shall be issued ex parte.
(d) Civil penalties
(1) In any action brought under this section, the Commission may seek
and the court shall have jurisdiction to impose, on a proper showing, on
any person found in the action to have committed any violation a civil
penalty in the amount of not more than the higher of $100,000 or triple
the monetary gain to the person for each violation.
(2) If a person on whom such a penalty is imposed fails to pay the
penalty within the time prescribed in the court's order, the Commission
may refer the matter to the Attorney General who shall recover the
penalty by action in the appropriate United States district court.
(e) Venue and process
Any action under this section may be brought in the district wherein
the defendant is found or is an inhabitant or transacts business or in
the district where the act or practice occurred, is occurring, or is
about to occur, and process in such cases may be served in any district
in which the defendant is an inhabitant or wherever the defendant may be
found.
(f) Action by Attorney General
In lieu of bringing actions itself pursuant to this section, the
Commission may request the Attorney General to bring the action.
(g) Notice to Attorney General of action brought by Commission
Where the Commission elects to bring the action, it shall inform the
Attorney General of such suit and advise him of subsequent developments.
(Sept. 21, 1922, ch. 369, 6c, as added Oct. 23, 1974, Pub. L.
93-463, title II, 211, 88 Stat. 1402; amended Jan. 11, 1983, Pub. L.
97-444, title II, 220, 96 Stat. 2308; Nov. 10, 1986, Pub. L. 99-641,
title I, 104, 100 Stat. 3557; Oct. 28, 1992, Pub. L. 102-546, title
II, 221, 106 Stat. 3614.)
1992 -- Pub. L. 102-546 designated first, second, and third
sentences as subsecs. (a) to (c), respectively, added subsec. (d), and
designated fourth, fifth, and sixth sentences as subsecs. (e) to (g),
respectively.
1986 -- Pub. L. 99-641 inserted '', and other than an order
appointing a temporary receiver to administer such restraining order and
to perform such other duties as the court may consider appropriate''.
1983 -- Pub. L. 97-444 inserted ''(other than a restraining order
which prohibits any person from destroying, altering or disposing of, or
refusing to permit authorized representatives of the Commission to
inspect, when and as requested, any books and records or other documents
or which prohibits any person from withdrawing, transferring, removing,
dissipating, or disposing of any funds, assets, or other property)''
after ''Provided, That no restraining order''.
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
For effective date of section, see section 418 of Pub. L. 93-463,
set out as an Effective Date of 1974 Amendment note under section 2 of
this title.
Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial
Procedure.
Writ of mandamus abolished in United States district courts, but
relief available by appropriate action or motion, see rule 81.
07 USC 13a-2. Jurisdiction of States
TITLE 7 -- AGRICULTURE
(1) Whenever it shall appear to the attorney general of any State,
the administrator of the securities laws of any State, or such other
official as a State may designate, that the interests of the residents
of that State have been, are being, or may be threatened or adversely
affected because any person (other than a contract market,
clearinghouse, floor broker, or floor trader) has engaged in, is
engaging or is about to engage in, any act or practice constituting a
violation of any provision of this chapter or any rule, regulation, or
order of the Commission thereunder, the State may bring a suit in equity
or an action at law on behalf of its residents to enjoin such act or
practice, to enforce compliance with this chapter, or any rule,
regulation, or order of the Commission thereunder, to obtain damages on
behalf of their residents, or to obtain such further and other relief as
the court may deem appropriate.
(2) The district courts of the United States, the United States
courts of any territory, and the District Court of the United States for
the District of Columbia, shall have jurisdiction of all suits in equity
and actions at law brought under this section to enforce any liability
or duty created by this chapter or any rule, regulation, or order of the
Commission thereunder, or to obtain damages or other relief with respect
thereto. Upon proper application, such courts shall also have
jurisdiction to issue writs of mandamus, or orders affording like
relief, commanding the defendant to comply with the provisions of this
chapter or any rule, regulation, or order of the Commission thereunder,
including the requirement that the defendant take such action as is
necessary to remove the danger of violation of this chapter or of any
such rule, regulation, or order. Upon a proper showing, a permanent or
temporary injunction or restraining order shall be granted without bond.
(3) Immediately upon instituting any such suit or action, the State
shall serve written notice thereof upon the Commission and provide the
Commission with a copy of its complaint, and the Commission shall have
the right to (A) intervene in the suit or action and, upon doing so,
shall be heard on all matters arising therein, and (B) file petitions
for appeal.
(4) Any suit or action brought under this section in a district court
of the United States may be brought in the district wherein the
defendant is found or is an inhabitant or transacts business or wherein
the act or practice occurred, is occurring, or is about to occur, and
process in such cases may be served in any district in which the
defendant is an inhabitant or wherever the defendant may be found.
(5) For purposes of bringing any suit or action under this section,
nothing in this chapter shall prevent the attorney general, the
administrator of the State securities laws, or other duly authorized
State officials from exercising the powers conferred on them by the laws
of such State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the production
of documentary and other evidence.
(6) For purposes of this section, ''State'' means any State of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United States.
(7) Nothing contained in this section shall prohibit an authorized
State official from proceeding in State court on the basis of an alleged
violation of any general civil or criminal antifraud statute of such
State.
(8)(A) Nothing in this chapter shall prohibit an authorized State
official from proceeding in a State court against any person registered
under this chapter (other than a floor broker, floor trader, or
registered futures association) for an alleged violation of any
antifraud provision of this chapter or any antifraud rule, regulation,
or order issued pursuant to the chapter.
(B) The State shall give the Commission prior written notice of its
intent to proceed before instituting a proceeding in State court as
described in this subsection and shall furnish the Commission with a
copy of its complaint immediately upon instituting any such proceeding.
The Commission shall have the right to (i) intervene in the proceeding
and, upon doing so, shall be heard on all matters arising therein, and
(ii) file a petition for appeal. The Commission or the defendant may
remove such proceeding to the district court of the United States for
the proper district by following the procedure for removal otherwise
provided by law, except that the petition for removal shall be filed
within sixty days after service of the summons and complaint upon the
defendant. The Commission shall have the right to appear as amicus
curiae in any such proceeding.
(Sept. 21, 1922, ch. 369, 6d, as added Sept. 30, 1978, Pub. L.
95-405, 15, 92 Stat. 872; amended Jan. 11, 1983, Pub. L. 97-444, title
II, 221, 96 Stat. 2308; Oct. 28, 1992, Pub. L. 102-546, title II,
207(b)(1), (2), 106 Stat. 3604.)
1992 -- Pars. (1), (8)(A). Pub. L. 102-546 inserted reference to
floor trader.
1983 -- Par. (8). Pub. L. 97-444 added par. (8).
Amendment by Pub. L. 102-546 effective 180 days after Oct. 28,
1992, with Commodity Futures Trading Commission to issue any regulations
necessary to implement such amendment no later than 180 days after Oct.
28, 1992, see section 207(c) of Pub. L. 102-546, set out as a note
under section 6e of this title.
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
Section effective Oct. 1, 1978, see section 28 of Pub. L. 95-405,
set out as an Effective Date of 1978 Amendment note under section 2 of
this title.
Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial
Procedure.
One form of action, see rule 2.
Rules as governing the procedure in all suits of a civil nature
whether cognizable as cases at common law or in equity, see rule 1.
Writ of mandamus abolished in United States district courts, but
relief available by appropriate action or motion, see rule 81.
07 USC 13b. Manipulations or other violations; cease and desist
orders against persons other than contract markets; punishment;
misdemeanor or felony; separate offenses
TITLE 7 -- AGRICULTURE
If any person (other than a contract market) is manipulating or
attempting to manipulate or has manipulated or attempted to manipulate
the market price of any commodity, in interstate commerce, or for future
delivery on or subject to the rules of any contract markets, or
otherwise is violating or has violated any of the provisions of this
chapter or of the rules, regulations, or orders of the Commission or the
commission /1/ thereunder, the Commission may, upon notice and hearing,
and subject to appeal as in other cases provided for in section 9 of
this title, make and enter an order directing that such person shall
cease and desist therefrom and, if such person thereafter and after the
lapse of the period allowed for appeal of such order or after the
affirmance of such order, shall fail or refuse to obey or comply with
such order, such person shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than the higher of $100,000
or triple the monetary gain to such person, or imprisoned for not less
than six months nor more than one year, or both, except that if such
failure or refusal to obey or comply with such order involves any
offense within paragraph (a) or (b) of section 13 of this title, such
person shall be guilty of a felony and, upon conviction thereof, shall
be subject to the penalties of said paragraph (a) or (b): Provided,
That any such cease and desist order against any respondent in any case
of manipulation of, or attempt to manipulate, the price of any commodity
shall be issued only in conjunction with an order issued against such
respondent under section 9 of this title. Each day during which such
failure or refusal to obey or comply with such order continues shall be
deemed a separate offense.
(Sept. 21, 1922, ch. 369, 6(d), formerly 6(c), as added Feb. 19,
1968, Pub. L. 90-258, 17, 82 Stat. 31; amended Oct. 23, 1974, Pub. L.
93-463, title I, 103(a), (b), title II, 212(c), 88 Stat. 1392, 1404;
redesignated 6(d) and amended Oct. 28, 1992, Pub. L. 102-546, title II,
209(a)(1), (4), 212(b), 106 Stat. 3606, 3609.)
Section 9 of this title, referred to in text, was in the original
''subsection (c)'' meaning subsec. (c) of section 6 of act Sept. 21,
1922, ch. 369, which is classified to sections 9 and 15 of this title.
See Codification note set out below.
Section is composed of subsec. (d) of section 6 of act Sept. 21,
1922. Subsecs. (a) and (b) of section 6 are classified to section 8 of
this title. Subsec. (c) of section 6 is classified to sections 9 and 15
of this title. Subsec. (e) of section 6 is classified to section 9a of
this title.
1992 -- Pub. L. 102-546 made technical amendment to references to
section 9 of this title to reflect change in reference to corresponding
section of original act and substituted ''the higher of $100,000 or
triple the monetary gain to such person'' for ''$100,000''.
1974 -- Pub. L. 93-463, 103(a), 212(c), substituted ''Commission''
for ''Secretary'' before ''may'' and substituted ''not more than
$100,000'' for ''not less than $500 nor more than $10,000''.
Pub. L. 93-463, 103(a), provided for substitution of ''Commission''
for ''Secretary of Agriculture'' except where such words would be
stricken by section 103(b), which directed striking the words ''the
Secretary of Agriculture or'' where they appeared in the phrase ''the
Secretary of Agriculture or the Commission''. Because the word
''commission'' was not capitalized in the text of this section, section
103(b) did not apply to this section and therefore section 103(a) was
executed, resulting in the substitution of ''the Commission or the
commission'' for ''the Secretary of Agriculture or the commission''.
For effective date of amendment by Pub. L. 93-463, see section 418
of Pub. L. 93-463, set out as a note under section 2 of this title.
Section effective 120 days after Feb. 19, 1968, see section 28 of
Pub. L. 90-258, set out as an Effective Date of 1968 Amendment note
under section 2 of this title.
/1/ So in original. The words ''or the commission'' probably should
not appear.
07 USC 13c. Responsibility as principal; minor violations
TITLE 7 -- AGRICULTURE
(a) Any person who commits, or who willfully aids, abets, counsels,
commands, induces, or procures the commission of, a violation of any of
the provisions of this chapter, or any of the rules; regulations, or
orders issued pursuant to this chapter, or who acts in combination or
concert with any other person in any such violation, or who willfully
causes an act to be done or omitted which if directly performed or
omitted by him or another would be a violation of the provisions of this
chapter or any of such rules, regulations, or orders may be held
responsible for such violation as a principal.
(b) Any person who, directly or indirectly, controls any person who
has violated any provision of this chapter or any of the rules,
regulations, or orders issued pursuant to this chapter may be held
liable for such violation in any action brought by the Commission to the
same extent as such controlled person. In such action, the Commission
has the burden of proving that the controlling person did not act in
good faith or knowingly induced, directly or indirectly, the act or acts
constituting the violation.
(c) Nothing in this chapter shall be construed as requiring the
Commission or the Commission /1/ to report minor violations of this
chapter for prosecution, whenever it appears that the public interest
does not require such action.
(Sept. 21, 1922, ch. 369, 13, as added Feb. 19, 1968, Pub. L.
90-258, 26, 82 Stat. 34; amended Oct. 23, 1974, Pub. L. 93-463, title
I, 103(a), (b), 88 Stat. 1392; Jan. 11, 1983, Pub. L. 97-444, title
II, 230, 96 Stat. 2319; Oct. 28, 1992, Pub. L. 102-546, title IV,
402(1)(D), (9)(C), 106 Stat. 3624, 3625.)
1992 -- Subsec. (c). Pub. L. 102-546, 402(9)(C), which directed
that ''the Secretary of Agriculture or'' be struck out, could not be
executed because of amendment by Pub. L. 93-463, 103(a). See 1974
Amendment note below.
Pub. L. 102-546, 402(1)(D), substituted ''Commission'' for
''commission'' before ''to report''.
1983 -- Subsec. (a). Pub. L. 97-444, 230(1), struck out ''in
administrative proceedings under this chapter'' after ''may be held
responsible''.
Subsecs. (b), (c). Pub. L. 97-444, 230(2), (3), added subsec. (b)
and redesignated former subsec. (b) as (c).
1974 -- Subsec. (b). Pub. L. 93-463, 103(a), provided for
substitution of ''Commission'' for ''Secretary of Agriculture'' except
where such words would be stricken by section 103(b), which directed
striking the words ''the Secretary of Agriculture or'' where they
appeared in the phrase ''the Secretary of Agriculture or the
Commission''. Because the word ''commission'' was not capitalized in
the text of this section, section 103(b) did not apply to this section
and therefore section 103(a) was executed, resulting in the substitution
of ''the Commission or the commission'' for ''the Secretary of
Agriculture or the commission''.
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
For effective date of amendment by Pub. L. 93-463, see section 418
of Pub. L. 93-463, set out as a note under section 2 of this title.
Section effective 120 days after Feb. 19, 1968, see section 28 of
Pub. L. 90-258, set out as an Effective Date of 1968 Amendment note
under section 2 of this title.
/1/ So in original. The words ''or the Commission'' probably should
not appear.
07 USC 14. Repealed. Pub. L. 99-641, title I, 110(5), Nov. 10, 1986,
100 Stat. 3561
TITLE 7 -- AGRICULTURE
Section, act Sept. 21, 1922, ch. 369, 11, 42 Stat. 1003, provided
that violations of this chapter occurring before Nov. 1, 1922, should
not be punishable.
07 USC 15. Enforcement powers of Commission
TITLE 7 -- AGRICULTURE
For the purpose of securing effective enforcement of the provisions
of this chapter, for the purpose of any investigation or proceeding
under this chapter, and for the purpose of any action taken under
section 16(f) of this title, any member of the Commission or any
Administrative Law Judge or other officer designated by the Commission
(except as provided in the third sentence of this section) may
administer oaths and affirmations, subpoena witnesses, compel their
attendance, take evidence, and require the production of any books,
papers, correspondence, memoranda, or other records that the Commission
deems relevant or material to the inquiry. The attendance of witnesses
and the production of any such records may be required from any place in
the United States, any State, or any foreign country or jurisdiction at
any designated place of hearing. A subpoena issued under this section
may be served upon any person who is not to be found within the
territorial jurisdiction of any court of the United States in such
manner as the Federal Rules of Civil Procedure prescribe for service of
process in a foreign country, except that a subpoena to be served on a
person who is not to be found within the territorial jurisdiction of any
court of the United States may be issued only on the prior approval of
the Commission. In case of contumacy by, or refusal to obey a subpoena
issued to, any person, the Commission may invoke the aid of any court of
the United States within the jurisdiction in which the investigation or
proceeding is conducted, or where such person resides or transacts
business, in requiring the attendance and testimony of witnesses and the
production of books, papers, correspondence, memoranda, and other
records. Such court may issue an order requiring such person to appear
before the Commission or member or Administrative Law Judge or other
officer designated by the Commission, there to produce records, if so
ordered, or to give testimony touching the matter under investigation or
in question. Any failure to obey such order of the court may be
punished by the court as a contempt thereof. All process in any such
case may be served in the judicial district wherein such person is an
inhabitant or transacts business or wherever such person may be found.
(Sept. 21, 1922, ch. 369, 6(c), formerly 6(b), 42 Stat. 1002; June
15, 1936, ch. 545, 8(e)-(g), 49 Stat. 1499; June 16, 1955, ch. 151,
69 Stat. 160; Oct. 15, 1970, Pub. L. 91-452, title II, 202, 84 Stat.
928; Oct. 23, 1974, Pub. L. 93-463, title I, 103(d), title IV,
408(b), 88 Stat. 1392, 1414; Sept. 30, 1978, Pub. L. 95-405, 13(3), 92
Stat. 871; Nov. 10, 1986, Pub. L. 99-641, title I, 103, 100 Stat.
3557; redesignated 6(c) and amended Oct. 28, 1992, Pub. L. 102-546,
title II, 209(a)(1), title III, 301, title IV, 402(7), 106 Stat.
3606, 3622, 3624.)
This section, referred to in text, means section 6 of act Sept. 21,
1922, ch. 369, 42 Stat. 1001. For classification of section 6 to the
Code, see Codification note below.
The Federal Rules of Civil Procedure, referred to in text, are set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Section is composed of part of subsec. (c) of section 6 of act Sept.
21, 1922. A further provision of subsec. (c) is contained in section
9 of this title. This subsec. (c) (former par. (a)) prior to its
incorporation into the Code contained a provision as to finality of
judgments and review by the Supreme Court and is covered by section 1254
of Title 28, Judiciary and Judicial Procedure. Subsecs. (a) and (b) of
section 6 are classified to section 8 of this title. Subsecs. (d) and
(e) of section 6 are classified to sections 13b and 9a of this title,
respectively.
1992 -- Pub. L. 102-546 substituted ''chapter,'' for ''chapter and''
after ''provisions of this'', ''chapter, and for the purpose of any
action taken under section 16(f) of this title, any'' for ''chapter,
any'', and ''subpoena'' for ''subpena'' wherever appearing.
1986 -- Pub. L. 99-641 inserted ''(except as provided in the third
sentence of this section)'', substituted '', any State, or any foreign
country or jurisdiction'' for ''or any State'', and inserted provisions
which related to service of subpena upon person not found within
territorial jurisdiction of United States.
1978 -- Pub. L. 95-405 substituted provisions giving Commission or
any Administrative Law Judge or other officer designated by Commission
independent authority to administer oaths and affirmations, to subpena
witnesses, and related actions for the purpose of conducting
investigations and proceedings with regard to this chapter for
provisions basing authority of Commission or any Administrative Law
Judge with regard to investigations and proceedings under this chapter
on the Interstate Commerce Act and inserted provisions authorizing
Commission to invoke the aid of the courts in requiring attendance and
testimony of witnesses and the production of books and other records.
1974 -- Pub. L. 93-463 struck out ''the Secretary of Agriculture (or
any person designated by him),'' after ''jurisdiction, and authority
of'' and substituted ''Administrative Law Judge'' for ''referee''.
1970 -- Pub. L. 91-452 struck out references to sections 46-48 of
title 49, and provisions relating to the immunity of witnesses.
1955 -- Act June 16, 1955, extended subpoena power to investigations.
1936 -- Act June 15, 1936, 8(e), (f), substituted ''sections 12 and
46-48 of title 49'' for ''section 12 of title 49''.
Act June 15, 1936, 8(g), substituted ''and'' for ''or'' after
''commission''.
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
For effective date of amendment of Pub. L. 93-463, see section 418
of Pub. L. 93-463, set out as a note under section 2 of this title.
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L.
91-452, set out as an Effective Date; Savings Provision note under
section 6001 of Title 18, Crimes and Criminal Procedure.
Amendment by act June 15, 1936, effective 90 days after June 15,
1936, see section 13 of that act, set out as a note under section 1 of
this title.
Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes
and Criminal Procedure.
07 USC 15a. Repealed. Pub. L. 95-405, 24, Sept. 30, 1978, 92 Stat.
877
TITLE 7 -- AGRICULTURE
Section, Pub. L. 93-463, title II, 217, Oct. 23, 1974, 88 Stat.
1405, related to leverage contracts for gold and silver. See section
23(b) of this title.
Repeal effective Oct. 1, 1978, see section 28 of Pub. L. 95-405,
set out as an Effective Date of 1978 Amendment note under section 2 of
this title.
07 USC 15b. Cotton futures contracts
TITLE 7 -- AGRICULTURE
(a) Short title
This section may be cited as the ''United States Cotton Futures
Act''.
(b) Repeal of tax on cotton futures
Subchapter D of chapter 39 of title 26 (relating to tax on cotton
futures) is repealed.
(c) Definitions
For purposes of this section --
(1) Cotton futures contract
The term ''cotton futures contract'' means any contract of sale of
cotton for future delivery made at, on, or in any exchange, board of
trade, or similar institution or place of business which has been
designated a ''contract market'' by the Commodity Futures Trading
Commission pursuant to the Commodity Exchange Act (7 U.S.C. 1 et seq.)
and the term ''contract of sale'' as so used shall be held to include
sales, agreements of sale, and agreements to sell, except that any
cotton futures contract that, by its terms, is settled in cash is
excluded from the coverage of this paragraph and section.
(2) Future delivery
The term ''future delivery'' shall not include any cash sale of
cotton for deferred shipment or delivery.
(3) Person
The term ''person'' includes an individual, trust, estate,
partnership, association, company, or corporation.
(4) Secretary
The term ''Secretary'' means the Secretary of Agriculture of the
United States.
(5) Standards
The term ''standards'' means the official cotton standards of the
United States established by the Secretary pursuant to the United States
Cotton Standards Act, as amended (7 U.S.C. 51 et seq.).
(d) Bona fide spot markets and commercial differences
(1) Definition
For purposes of this section, the only markets which shall be
considered bona fide spot markets shall be those which the Secretary
shall, from time to time, after investigation, determine and designate
to be such, and of which he shall give public notice.
(2) Determination
In determining, pursuant to the provisions of this section, what
markets are bona fide spot markets, the Secretary 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; except that if there are 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, to enable him to designate at least five spot markets in
accordance with subsection (f)(3) of this section, 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 market 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 subsection (f)(1) and (2) of this section
shall be determined in compliance with such rules and regulations. It
shall be the duty of any person engaged in the business of dealing in
cotton, when requested by the Secretary 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.
(3) Withholding information
Any person engaged in the business of dealing in cotton who shall,
within a reasonable time prescribed by the Secretary 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
paragraph (2) of this subsection, or who shall willfully give any answer
that is false or misleading, shall, upon conviction thereof, be fined
not more than $500.
(e) Form and validity of cotton futures contracts
Each cotton futures contract shall be a basis grade contract, or a
tendered grade contract, or a specific grade contract as specified in
subsections (f), (g), or (h) of this section and shall be in writing
plainly stating, or evidenced by written memorandum showing, the terms
of such contract, including the quantity of the cotton involved and the
names and addresses of the seller and buyer in such contract, and shall
be signed by the party to be charged, or by his agent in his behalf. No
cotton futures contract which does not conform to such requirements
shall be enforceable by, or on behalf of, any party to such contract or
his privies.
(f) Basis grade contracts
(1) Conditions
Each basis grade cotton futures contract shall comply with each of
the following conditions:
(A) Conformity with regulations
Conform to the regulations made pursuant to this section.
(B) Specification of grade, price, and dates of sale and settlement
Specify the basis grade for the cotton involved in the contract,
which shall be one of the grades for which standards are established by
the Secretary, except grades prohibited from being delivered on a
contract made under this subsection by subparagraph (E), the price per
pound at which the cotton of such basis grade is contracted to be bought
or sold, the date when the purchase or sale was made, and the month or
months in which the contract is to be fulfilled or settled; except that
middling shall be deemed the basis grade incorporated into the contract
if no other basis grade be specified either in the contract or in the
memorandum evidencing the same.
(C) Provision for delivery of standard grades only
Provide that the cotton dealt with therein or delivered thereunder
shall be of or within the grades for which standards are established by
the Secretary except grades prohibited from being delivered on a
contract made under this subsection by subparagraph (E) and no other
grade or grades.
(D) Provision for settlement on basis of actual commercial
differences
Provide that in case cotton of grade other than the basis grade be
tendered or delivered in settlement of such contract, the differences
above or below the contract price which the receiver shall pay for such
grades other than the basis grade shall be the actual commercial
differences, determined as here-inafter provided.
(E) Prohibition of delivery of inferior cotton
Provide that cotton that, because of the presence of extraneous
matter of any character, or irregularities or defects, is reduced in
value below that of low middling, or cotton that is below the grade of
low middling, or, if tinged, cotton that is below the grade of strict
middling, or, if yellow stained, cotton that is below the grade of good
middling, the grades mentioned being of the official cotton standards of
the United States, or cotton that is less than seven-eighths of an inch
in length of staple, or cotton of perished staple, or of immature
staple, or cotton that is ''gin cut'' or reginned, or cotton that is
''repacked'' or ''false packed'' or ''mixed packed'' or ''water
packed'', shall not be delivered on, under, or in settlement of such
contract.
(F) Provisions for tender in full, notice of delivery date, and
certificate of grade
Provide that all tenders of cotton under such contract shall be the
full number of bales involved therein, except that such variations of
the number of bales may be permitted as is necessary to bring the total
weight of the cotton tendered within the provisions of the contract as
to weight; that, on the fifth business day prior to delivery, the
person making the tender shall give to the person receiving the same
written notice of the date of delivery, and that, on or prior to the
date so fixed for delivery, and in advance of final settlement of the
contract, the person making the tender shall furnish to the person
receiving the same a written notice or certificate stating the grade of
each individual bale to be delivered and, by means of marks or numbers,
identifying each bale with its grade.
(G) Provision for tender and settlement in accordance with Government
classification
Provide that all tenders of cotton and settlements therefor under
such contract shall be in accordance with the classification thereof
made under the regulations of the Secretary by such officer or officers
of the Government as shall be designated for the purpose, and the costs
of such classification shall be fixed, assessed, collected, and paid as
provided in such regulations and shall be credited to the account
referred to in section 55 of this title. 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 and 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.). The Secretary is
authorized to prescribe regulations for carrying out the purposes of
this subparagraph and the certificates of the officers of the Government
as to the classification of any cotton for the purposes of this
subparagraph shall be accepted in the courts of the United States in all
suits between the parties to such contract, or their privies, as prima
facie evidence of the true classification of the cotton involved.
(2) Incorporation of conditions in contracts
The provisions of paragraphs (1)(C), (D), (E), (F), and (G) shall be
deemed fully incorporated into any such contract if there be written or
printed thereon, or on the memorandums evidencing the same, at or prior
to the time the same is signed, the phrase ''Subject to United States
Cotton Futures Act, subsection (f).''
(3) Delivery allowances
For the purpose of this subsection, the differences above or below
the contract price which the receiver shall pay for cotton of grades
above or below the basic /1/ grade in the settlement of a contract of
sale for the future delivery of cotton shall be determined by the actual
commercial differences in value thereof upon the sixth business day
prior to the day fixed, in accordance with paragraph (1)(F), for the
delivery of cotton on the contract, established by the sale of spot
cotton in the spot markets of not less than five places designated for
the purpose from time to time by the Secretary, as such values were
established by the sales of spot cotton, in such designated five or more
markets. For purposes of this paragraph, such values in the such spot
markets shall be based upon the standards for grades of cotton
established by the Secretary. Whenever the value of one grade is to be
determined from the sale or sales of spot cotton of another grade or
grades, such value shall be fixed in accordance with rules and
regulations which shall be prescribed for the purpose by the Secretary.
(g) Tendered grade contracts
(1) Conditions
Each tendered grade cotton future contract shall comply with each of
the following conditions:
(A) Compliance with subsection (f)
Comply with all the terms and conditions of subsection (f) of this
section not inconsistent with this subsection; and
(B) Provision for contingent specific performance
Provide that, in case cotton of grade or grades other than the basis
grade specified in the contract shall be tendered in performance of the
contract, the parties to such contract may agree, at the time of the
tender, as to the price of the grade or grades so tendered, and that if
they shall not then agree as to such price, then, and in that event, the
buyer of said contract shall have the right to demand the specific
fulfillment of such contract by the actual delivery of cotton of the
basis grade named therein and at the price specified for such basis
grade in said contract.
(2) Incorporation of conditions in contract
Contracts made in compliance with this subsection shall be known as
''subsection (g) Contracts''. The provisions of this subsection shall
be deemed fully incorporated into any such contract if there be written
or printed thereon, or on the memorandum evidencing the same, at or
prior to the time the same is signed, the phrase ''Subject to United
States Cotton Futures Act, subsection (g)''.
(3) Application of subsection
Nothing in this subsection shall be so construed as to authorize any
contract in which, or in the settlement of or in respect to which, any
device or arrangement whatever is resorted to, or any agreement is made,
for the determination or adjustment of the price of the grade or grades
tendered other than the basis grade specified in the contract by any
''fixed difference'' system, or by arbitration, or by any other method
not provided for by this section.
(h) Specific grade contracts
(1) Conditions
Each specific grade cotton futures contract shall comply with each of
the following conditions:
(A) Conformity with rules and regulations
Conform to the rules and regulations made pursuant to this section.
(B) Specification of grade, price, dates of sale and delivery
Specify the grade, type, sample, or description of the cotton
involved in the contract, the price per pound at which such cotton is
contracted to be bought or sold, the date of the purchase or sale, and
the time when shipment or delivery of such cotton is to be made.
(C) Prohibition of delivery of other than specified grade
Provide that cotton of or within the grade or of the type, or
according to the sample or description, specified in the contract shall
be delivered thereunder, and that no cotton which does not conform to
the type, sample, or description, or which is not of or within the grade
specified in the contract shall be tendered or delivered thereunder.
(D) Provision for specific performance
Provide that the delivery of cotton under the contract shall not be
effected by means of ''setoff'' or ''ring'' settlement, but only by the
actual transfer of the specified cotton mentioned in the contract.
(2) Incorporation of conditions in contract
The provisions of paragraphs (1)(A), (C), and (D) shall be deemed
fully incorporated into any such contract if there be written or printed
thereon, or on the document or memorandum evidencing the same, at or
prior to the time the same is entered into, the words ''Subject to
United States Cotton Futures Act, subsection (h)''.
(3) Application of subsection
This subsection shall not be construed to apply to any contract of
sale made in compliance with subsection (f) or (g) of this section.
(i) Liability of principal for acts of agent
When construing and enforcing the provisions of this section, 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.
(j) Regulations
The Secretary is authorized to make such regulations with the force
and effect of law as he determines may be necessary to carry out the
provisions of this section and the powers vested in him by this section.
(k) Violations
Any person who knowingly violates any regulation made in pursuance of
this section, shall, upon conviction thereof, be fined not less than
$100 nor more than $500, for each violation thereof, in the discretion
of the court, and, in case of natural persons, may, in addition be
punished by imprisonment for not less than 30 days nor more than 90
days, for each violation, in the discretion of the court except that
this subsection shall not apply to violations subject to subsection
(d)(3) of this section.
(l) Applicability to contracts prior to effective date
The provisions of this section shall not apply to any cotton futures
contract entered into prior to the effective date of this section or to
any act or failure to act by any person prior to such effective date and
all such prior contracts, acts or failure to act shall continue to be
governed by the applicable provisions of the Internal Revenue Code of
1954 /2/ as in effect prior to the enactment of this section. All
designations of bona fide spot markets and all rules and regulations
issued by the Secretary pursuant to the applicable provisions of the
Internal Revenue Code of 1954 /2/ which were in effect on the effective
date of this section, shall remain fully effective as designations and
regulations under this section until superseded, amended, or terminated
by the Secretary.
(m) Authorization
There are authorized to be appropriated such sums as may be necessary
to carry out this section.
(Pub. L. 94-455, title XIX, 1952(a)-(m), Oct. 4, 1976, 90 Stat.
1841-1846; Pub. L. 97-35, title I, 156(c), Aug. 13, 1981, 95 Stat.
374; Pub. L. 102-237, title I, 123, Dec. 13, 1991, 105 Stat. 1844.)
The Commodity Exchange Act, referred to in subsec. (c)(1), is act
Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, which is
classified generally to chapter 1 ( 1 et seq.) of this title. For
complete classification of this Act to the Code, see section 1 of this
title and Tables.
The United States Cotton Standards Act, as amended, referred to in
subsec. (c)(5), is act Mar. 4, 1923, ch. 288, 42 Stat. 1517, as
amended, which is classified generally to chapter 2 ( 51 et seq.) of
this title. For complete classification of this Act to the Code, see
section 51 of this title and Tables.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (f)(1)(G), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. The provisions of that Act relating to
management and disposal of government property are classified to chapter
10 ( 471 et seq.) of Title 40, Public Buildings, Property, and Works.
For complete classification of this Act to the Code, see Short Title
note set out under section 471 of Title 40 and Tables.
The Internal Revenue Code of 1954, referred to in subsec. (l), was
redesignated the Internal Revenue Code of 1986 by Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095, and is classified to Title 26, Internal
Revenue Code.
Section was enacted as part of the Tax Reform Act of 1976, and not as
part of the Commodity Exchange Act which comprises this chapter.
This section, referred to in subsec. (c)(1), was in the original a
reference to this ''Act'', meaning the United States Cotton Futures Act,
which comprises this section.
1991 -- Subsec. (c)(1). Pub. L. 102-237 inserted before period at
end '', except that any cotton futures contract that, by its terms, is
settled in cash is excluded from the coverage of this paragraph and
section''.
1981 -- Subsec. (f)(1)(G). Pub. L. 97-35 inserted provisions
relating to crediting to account referred to in section 55 of this title
and provisions respecting cotton samples submitted or used becoming the
property of the United States.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
156(e) of Pub. L. 97-35, set out as an Effective Date note under
section 61a of this title.
Section 1952(o) of Pub. L. 94-455 provided that: ''The provisions
of this section (enacting this section, amending section 6808 of Title
26, Internal Revenue Code, and repealing sections 7233 and 7263,
subchapter D of chapter 39, and subchapter E of chapter 76 of Title 26)
shall take effect on the 90th day after the date of enactment of this
Act (Oct. 4, 1976).''
/1/ So in original. Probably should be ''basis''.
/2/ See References in Text note below.
07 USC 16. Commission operations
TITLE 7 -- AGRICULTURE
(a) Cooperation with other agencies
The Commission may cooperate with any Department or agency of the
Government, any State, territory, district, or possession, or
department, agency, or political subdivision thereof, any foreign
futures authority, any department or agency of a foreign government or
political subdivision thereof, or any person.
(b) Employment of investigators, experts, Administrative Law Judges,
consultants, clerks, and other personnel; contracts
(1) The Commission shall have the authority to employ such
investigators, special experts, Administrative Law Judges, clerks, and
other employees as it may from time to time find necessary for the
proper performance of its duties and as may be from time to time
appropriated for by Congress.
(2) The Commission may employ experts and consultants in accordance
with section 3109 of title 5, and compensate such persons at rates not
in excess of the maximum daily rate prescribed for GS-18 under section
5332 of title 5.
(3) The Commission shall also have authority to make and enter into
contracts with respect to all matters which in the judgment of the
Commission are necessary and appropriate to effectuate the purposes and
provisions of this chapter, including, but not limited to, the rental of
necessary space at the seat of Government and elsewhere.
(4) The Commission may request (in accordance with the procedures set
forth in subchapter II of chapter 31 of title 5) and the Office of
Personnel Management shall authorize pursuant to the request, eight
positions in the Senior Executive Service in addition to the number of
such positions authorized for the Commission on October 28, 1992.
(c) Expenses
All of the expenses of the Commissioners, including all necessary
expenses for transportation incurred by them while on official business
of the Commission, shall be allowed and paid on the presentation of
itemized vouchers therefor approved by the Commission.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this chapter --
(1) $53,000,000 for fiscal year 1993; and
(2) $60,000,000 for fiscal year 1994.
(e) Relation to other laws, departments, or agencies
Nothing in this chapter shall supersede or preempt --
(1) criminal prosecution under any Federal criminal statute;
(2) the application of any Federal or State statute, including any
rule or regulation thereunder, to any transaction in or involving any
commodity, product, right, service, or interest (A) that is not
conducted on or subject to the rules of a contract market, or, in the
case of any State or local law that prohibits or regulates gaming or the
operation of ''bucket shops'' (other than antifraud provisions of
general applicability), that is not a transaction or class of
transactions that has received or is covered by the terms of any
exemption previously granted by the Commission under subsection (c) of
section 6 of this title, or (B) (except as otherwise specified by the
Commission by rule or regulation) that is not conducted on or subject to
the rules of any board of trade, exchange, or market located outside the
United States, its territories or possessions, or (C) that is not
subject to regulation by the Commission under section 6c or 23 of this
title; or
(3) the application of any Federal or State statute, including any
rule or regulation thereunder, to any person required to be registered
or designated under this chapter who shall fail or refuse to obtain such
registration or designation.
The Commission may refer any transaction or matter subject to such
other Federal or State statutes to any department or agency
administering such statutes for such investigation, action, or
proceedings as that department or agency shall deem appropriate.
(f) Investigative assistance to foreign futures authorities
(1) On request from a foreign futures authority, the Commission may,
in its discretion, provide assistance in accordance with this section if
the requesting authority states that the requesting authority is
conducting an investigation which it deems necessary to determine
whether any person has violated, is violating, or is about to violate
any laws, rules or regulations relating to futures or options matters
that the requesting authority administers or enforces. The Commission
may conduct such investigation as the Commission deems necessary to
collect information and evidence pertinent to the request for
assistance. Such assistance may be provided without regard to whether
the facts stated in the request would also constitute a violation of the
laws of the United States.
(2) In deciding whether to provide assistance under this subsection,
the Commission shall consider whether --
(A) the requesting authority has agreed to provide reciprocal
assistance to the Commission in futures and options matters; and
(B) compliance with the request would prejudice the public interest
of the United States.
(3) Notwithstanding any other provision of law, the Commission may
accept payment and reimbursement, in cash or in kind, from a foreign
futures authority, or made on behalf of such authority, for necessary
expenses incurred by the Commission, its members, and employees in
carrying out any investigation, or in providing any other assistance to
a foreign futures authority, pursuant to this section. Any payment or
reimbursement accepted shall be considered a reimbursement to the
appropriated funds of the Commission.
(g) Computerized futures trading
Consistent with its responsibilities under section 22 of this title,
the Commission is directed to facilitate the development and operation
of computerized trading as an adjunct to the open outcry auction system.
The Commission is further directed to cooperate with the Office of the
United States Trade Representative, the Department of the Treasury, the
Department of Commerce, and the Department of State in order to remove
any trade barriers that may be imposed by a foreign nation on the
international use of electronic trading systems.
(Sept. 21, 1922, ch. 369, 12, 42 Stat. 1003; Oct. 23, 1974, Pub.
L. 93-463, title I, 101(b), 88 Stat. 1391; Sept. 30, 1978, Pub. L.
95-405, 20, 92 Stat. 875; Jan. 11, 1983, Pub. L. 97-444, title II,
228, 229, 96 Stat. 2318; Nov. 10, 1986, Pub. L. 99-641, title I, 106,
100 Stat. 3558; Oct. 28, 1992, Pub. L. 102-546, title II, 216,
220(a), title III, 302, 303, title IV, 401, title V, 502(c), 106
Stat. 3611, 3614, 3622, 3624, 3631.)
1992 -- Subsec. (a). Pub. L. 102-546, 302, inserted ''any foreign
futures authority, any department or agency of a foreign government or
political subdivision thereof,'' after ''thereof,''.
Subsec. (b). Pub. L. 102-546, 216, designated first through third
sentences as pars. (1) to (3), respectively, and added par. (4).
Subsec. (d). Pub. L. 102-546, 401, amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ''There are
authorized to be appropriated to carry out this chapter such sums as may
be necessary for each of the fiscal years during the period beginning
October 1, 1986, and ending September 30, 1989.''
Subsec. (e)(2)(A). Pub. L. 102-546, 502(c), inserted ''or, in the
case of any State or local law that prohibits or regulates gaming or the
operation of 'bucket shops' (other than antifraud provisions of general
applicability), that is not a transaction or class of transactions that
has received or is covered by the terms of any exemption previously
granted by the Commission under subsection (c) of section 6 of this
title,'' after ''market,''.
Subsec. (f). Pub. L. 102-546, 303, added subsec. (f).
Subsec. (g). Pub. L. 102-546, 220(a), added subsec. (g).
1986 -- Subsec. (d). Pub. L. 99-641 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ''There are
authorized to be appropriated to carry out the provisions of this
chapter such sums as may be required for each of the fiscal years during
the period beginning October 1, 1982, and ending September 30, 1986.''
1983 -- Subsec. (d). Pub. L. 97-444, 228, substituted appropriation
authorization for fiscal years during period beginning Oct. 1, 1982,
and ending Sept. 30, 1986, for prior authorization for fiscal years
during period beginning Oct. 1, 1978, and ending Sept. 30, 1982.
Subsec. (e). Pub. L. 97-444, 229, added subsec. (e).
1978 -- Subsec. (d). Pub. L. 95-405 substituted ''for each of the
fiscal years during the period beginning October 1, 1978, and ending
September 30, 1982'' for ''for the fiscal year ending June 30, 1975, for
the fiscal year ending June 30, 1976, for the fiscal year ending June
30, 1977, and for the fiscal year ending June 30, 1978''.
1974 -- Pub. L. 93-463 designated existing unlettered provisions as
subsecs. (a) to (d), substituted ''Commission'' for ''Secretary of
Agriculture'', inserted provisions authorizing the expenditure of funds
for expenses upon the presentation of itemized vouchers therefor
approved by the Commission, substituted provisions authorizing
appropriations specifically for fiscal years ending June 30, 1975, 1976,
1977, and 1978, for provisions making a general authorization of
appropriations without a fiscal year limitation, and inserted
authorization to enter into contracts and compensate experts and
consultants in accordance with section 3109 of title 5 at rates not in
excess of the maximum daily rate prescribed for GS-18 under section 5332
of title 5.
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
For effective date of amendment by Pub. L. 93-463, see section 418
of Pub. L. 93-463, set out as a note under section 2 of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
07 USC 16a. Service fees and National Futures Association study
TITLE 7 -- AGRICULTURE
(a) Development and implementation of plan for user fees; report to
and approval by Congressional committees
Notwithstanding any other provision of law, the Commodity Futures
Trading Commission may develop and implement a plan to charge and
collect reasonable fees to cover the estimated cost of regulating
transactions under the jurisdiction of the Commission. However, prior
to implementing such a plan, the Commission shall report its intention
to do so to the House Committee on Agriculture and the Senate Committee
on Agriculture, Nutrition, and Forestry. The Commission shall include
in its report the feasibility and desirability of collecting such fees.
Any plan developed under this section shall not be implemented until
approved by the House Committee on Agriculture and the Senate Committee
on Agriculture, Nutrition, and Forestry. Fees collected under any plan
approved under this section shall be deposited in the Treasury of the
United States as miscellaneous receipts.
(b) National Futures Association regulatory experience; report;
contents
The Commodity Futures Trading Commission shall submit to Congress a
report containing the results of a study of the regulatory experience of
the National Futures Association for the period beginning January 1,
1983 and ending September 30, 1985. The report shall be submitted not
later than January 1, 1986. The report shall include (but not to be
limited to) the following --
(1) the extent to which the National Futures Association has fully
implemented the program provided in the rules approved by the Commission
under section 17(p) and (q) of the Commodity Exchange Act (7 U.S.C.
21(p), (q)) and the effectiveness of the operation of such program;
(2) the actual and projected cost savings to the Federal Government,
if any, resulting from operations of the National Futures Association;
(3) the actual and projected costs which the Commission and the
public would have incurred if the Association had not undertaken
self-regulatory responsibility for certain areas under the Commission's
jurisdiction;
(4) problem areas, if any, encountered by the Association;
(5) the nature of the working relationship between the Association
and the Commission;
(6) an assessment of the actual and projected efficiencies the
Commission has achieved or expects to be achieved as a result of the
continuing regulatory activities of the Association; and
(7) the immediate and projected capabilities of the Commission at the
time of submission of the study to turn its attention to more immediate
problems of regulation, as a result of the activities of the
Association.
(c) Schedule of fees for services, activities and functions; notice
and hearing; actual cost standard
Nothing in this section shall limit the authority of the Commission
to promulgate, after notice and opportunity for hearing, a schedule of
appropriate fees to be charged for services rendered and activities and
functions performed by the Commission in conjunction with its
administration and enforcement of the Commodity Exchange Act (7 U.S.C. 1
et seq.): Provided, That the fees for any specified service or activity
or function shall not exceed the actual cost thereof to the Commission.
(Pub. L. 95-405, 26, Sept. 30, 1978, 92 Stat. 877; Pub. L. 97-444,
title II, 237, Jan. 11, 1983, 96 Stat. 2325.)
The Commodity Exchange Act, referred to in subsec. (c), is act Sept.
21, 1922, ch. 369, 42 Stat. 998, as amended, which is classified
generally to chapter 1 ( 1 et seq.) of this title. For complete
classification of this Act to the Code, see section 1 of this title and
Tables.
Section was enacted as part of the Futures Trading Act of 1978, and
not as part of the Commodity Exchange Act which comprises this chapter.
1983 -- Pub. L. 97-444 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
Section effective Oct. 1, 1978, see section 28 of Pub. L. 95-405,
set out as an Effective Date of 1978 Amendment note under section 2 of
this title.
Pub. L. 102-546, title II, 218, Oct. 28, 1992, 106 Stat. 3612,
provided that:
''(a) Study. -- The Comptroller General of the United States shall
conduct a study to determine whether --
''(1) it is feasible to fund some or all of the enforcement and
market surveillance activities of the Commodity Futures Trading
Commission, as required by the amendments to the Commodity Exchange Act
made by the Futures Trading Practices Act of 1992 (see Short Title of
1992 Amendment note set out under section 1 of this title), through the
imposition of an assessment on commodity futures and options
transactions executed pursuant to the Commodity Exchange Act (7 U.S.C.
1 et seq.); and
''(2) a program of assessment-based funding for some or all of such
enforcement and market surveillance activities would better provide
resources to the Commodity Futures Trading Commission to enable the
Commission to --
''(A) protect the interests of market users (including hedgers and
speculators), producers of commodities traded on the futures markets,
and the general public; and
''(B) maintain and enhance the credibility of such futures and
options markets.
''(b) Report. -- Not later than one year after the date of enactment
of this Act (Oct. 28, 1992), the Comptroller General shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
containing the Comptroller General's determinations pursuant to
subsection (a), together with any appropriate recommendations for the
implementation of such a program of assessment-based funding for some or
all of the Commodity Futures Trading Commission's enforcement and market
surveillance activities.''
07 USC 17. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the chapter and of the application of such provision to other persons
and circumstances shall not be affected thereby.
(Sept. 21, 1922, ch. 369, 10, 42 Stat. 1003.)
07 USC 17a. Separability of 1936 amendment
TITLE 7 -- AGRICULTURE
If any provision of the act of June 15, 1936, ch. 545, 49 Stat.
1491, which amends this chapter, or the application thereof to any
person or circumstances is held invalid, the provisions of the section
of this chapter which is amended by such provision of said act shall
apply to such person or circumstances. No proceeding shall be abated by
reason of any amendment to this chapter made by said act but shall be
disposed of pursuant to said act.
(June 15, 1936, ch. 545, 12, 49 Stat. 1501.)
Section was not enacted as part of the Commodity Exchange Act which
comprises this chapter.
For effective date of section, see section 13 of act June 15, 1936,
set out as an Effective Date of 1936 Amendment note under section 1 of
this title.
07 USC 17b. Separability of 1968 amendment
TITLE 7 -- AGRICULTURE
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 or
circumstances shall not be affected thereby, and the provisions of the
section of this chapter which is amended by such provision of this Act
shall apply to such person or circumstances. Pending proceedings shall
not be abated by reason of any provision of this Act but shall be
disposed of pursuant to the provisions of this chapter, in effect prior
to the effective date of this Act.
(Pub. L. 90-258, 27, Feb. 19, 1968, 82 Stat. 34.)
This Act, referred to in text, is Pub. L. 90-258, Feb. 19, 1968, 82
Stat. 26. For complete classification of this Act to the Code, see
Tables.
Effective date of this Act, referred to in text, as one hundred and
twenty days after Feb. 19, 1968, see section 28 of Pub. L. 90-258,
set out as an Effective Date of 1968 Amendment note under section 2 of
this title.
Section was not enacted as part of the Commodity Exchange Act which
comprises this chapter.
07 USC 18. Complaints against registered persons
TITLE 7 -- AGRICULTURE
(a) Petition for actual damages
(1) Any person complaining of any violation of any provision of this
chapter, or any rule, regulation, or order issued pursuant to this
chapter, by any person who is registered under this chapter may, at any
time within two years after the cause of action accrues, apply to the
Commission for an order awarding --
(A) actual damages proximately caused by such violation. If an award
of actual damages is made against a floor broker in connection with the
execution of a customer order, and the futures commission merchant which
selected the floor broker for the execution of the customer order is
held to be responsible under sections 2, 2a, and 4 of this title for the
floor broker's violation, such futures commission merchant may be
required to satisfy such award; and
(B) in the case of any action arising from a willful and intentional
violation in the execution of an order on the floor of a contract
market, punitive or exemplary damages equal to no more than two times
the amount of such actual damages. If an award of punitive or exemplary
damages is made against a floor broker in connection with the execution
of a customer order, and the futures commission merchant which selected
the floor broker for the execution of the customer order is held to be
responsible under sections 2, 2a, and 4 of this title for the floor
broker's violation, such futures commission merchant may be required to
satisfy such award if the floor broker fails to do so, except that such
requirement shall apply to the futures commission merchant only if it
willfully and intentionally selected the floor broker with the intent to
assist or facilitate the floor broker's violation.
(2)(A) An action may be brought under this subsection by any one or
more persons described in this subsection for and in behalf of such
person or persons and other persons similarly situated, if the
Commission permits such actions pursuant to a final rule issued by the
Commission.
(B) Not later than two hundred and seventy days after October 28,
1992, the Commission shall propose and publish for public comment such
rules as are necessary to carry out subparagraph (A). In developing
such rules, the Commission shall consider the potential impact of such
actions on resources available to the reparations system established
under this chapter and the relative merits of bringing such actions in
Federal court.
(b) Rules and regulations; control over right of appeal
The Commission may promulgate such rules, regulations, and orders as
it deems necessary or appropriate for the efficient and expeditious
administration of this section. Notwithstanding any other provision of
law, such rules, regulations, and orders may prescribe, or otherwise
condition, without limitation, the form, filing, and service of
pleadings or orders, the nature and scope of discovery, counterclaims,
motion practice (including the grounds for dismissal of any claim or
counterclaim), hearings (including the waiver thereof, which may relate
to the amount in controversy), rights of appeal, if any, and all other
matters governing proceedings before the Commission under this section.
(c) Bond requirement when complainant is nonresident; waiver
In case a complaint is made by a nonresident of the United States,
the complainant shall be required, before any formal action is taken on
his complaint, to furnish a bond in double the amount of the claim
conditioned upon the payment of costs, including a reasonable attorney's
fee for the respondent if the respondent shall prevail, and any
reparation award that may be issued by the Commission against the
complainant on any counterclaim by respondent: Provided, That the
Commission shall have authority to waive the furnishing of a bond by a
complainant who is a resident of a country which permits the filing of a
complaint by a resident of the United States without the furnishing of a
bond.
(d) Enforcement of reparation award
If any person against whom an award has been made does not pay the
reparation award within the time specified in the Commission's order,
the complainant, or any person for whose benefit such order was made,
within three years of the date of the order, may file a certified copy
of the order of the Commission, in the district court of the United
States for the district in which he resides or in which is located the
principal place of business of the respondent, for enforcement of such
reparation award by appropriate orders. The orders, writs, and
processes of such district court may in such case run, be served, and be
returnable anywhere in the United States. The petitioner shall not be
liable for costs in the district court, nor for costs at any subsequent
state of the proceedings, unless they accrue upon his appeal. If the
petitioner finally prevails, he shall be allowed a reasonable attorney's
fee, to be taxed and collected as a part of the costs of the suit.
Subject to the right of appeal under subsection (e) of this section, an
order of the Commission awarding reparations shall be final and
conclusive.
(e) Review
Any order of the Commission entered hereunder shall be reviewable on
petition of any party aggrieved thereby, by the United States Court of
Appeals for any circuit in which a hearing was held, or if no hearing
was held, any circuit in which the appellee is located, under the
procedure provided in section 9 of this title. Such appeal shall not be
effective unless within 30 days from and after the date of the
reparation order the appellant also files with the clerk of the court a
bond in double the amount of the reparation awarded against the
appellant conditioned upon the payment of the judgment entered by the
court, plus interest and costs, including a reasonable attorney's fee
for the appellee, if the appellee shall prevail. Such bond shall be in
the form of cash, negotiable securities having a market value at least
equivalent to the amount of bond prescribed, or the undertaking of a
surety company on the approved list of sureties issued by the Treasury
Department of the United States. The appellee shall not be liable for
costs in said court. If the appellee prevails, he shall be allowed a
reasonable attorney's fee to be taxed and collected as a part of his
costs.
(f) Automatic bar from trading and suspension for noncompliance;
effect of appeal
Unless the party against whom a reparation order has been issued
shows to the satisfaction of the Commission within fifteen days from the
expiration of the period allowed for compliance with such order that
either an appeal as herein authorized has been taken or payment of the
full amount of the order (or any agreed settlement thereof) has been
made, such party shall be prohibited automatically from trading on all
contract markets and, if the party is registered with the Commission,
such registration shall be suspended automatically at the expiration of
such fifteen-day period until such party shows to the satisfaction of
the Commission that payment of such amount with interest thereon to date
of payment has been made: Provided, That if on appeal the appellee
prevails or if the appeal is dismissed, the automatic prohibition
against trading and suspension of registration shall become effective at
the expiration of thirty days from the date of judgment on the appeal,
but if the judgment is stayed by a court of competent jurisdiction, the
suspension shall become effective ten days after the expiration of such
stay, unless prior thereto the judgment of the court has been satisfied.
(g) Effective date
The provisions of this section shall not become effective until
fifteen months after October 23, 1974: Provided, That claims which
arise within one year immediately prior to the effective date of this
section may be heard by the Commission after such 15-month period.
(Sept. 21, 1922, ch. 369, 14, as added Oct. 23, 1974, Pub. L.
93-463, title I, 106, 88 Stat. 1393; amended Apr. 16, 1975, Pub. L.
94-16, 3, 89 Stat. 77; Sept. 30, 1978, Pub. L. 95-405, 21, 92 Stat.
875; Jan. 11, 1983, Pub. L. 97-444, title II, 231, 96 Stat. 2319;
Oct. 28, 1992, Pub. L. 102-546, title II, 209(b)(7), 222(b), 224,
title IV, 402(11), 106 Stat. 3607, 3615, 3617, 3625.)
Section 9 of this title, referred to in subsec. (e), was in the
original ''section 6(c) of this Act'' meaning section 6(c) of act Sept.
21, 1922, ch. 369, which is classified to sections 9 and 15 of this
title. See Codification note set out under section 8 of this title.
1992 -- Subsec. (a). Pub. L. 102-546, 224, designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, and added par. (2).
Pub. L. 102-546, 222(b), substituted ''awarding -- '' and pars. (1)
and (2) for ''awarding actual damages proximately caused by such
violation.''
Subsec. (e). Pub. L. 102-546, 209(b)(7), made technical amendment to
reference to section 9 of this title to reflect change in reference to
corresponding section of original act.
Subsec. (g). Pub. L. 102-546, 402(11), substituted ''15-month'' for
second reference to ''fifteen months''.
1983 -- Subsec. (a). Pub. L. 97-444, 231(1), substituted provisions
relating to complaints against violations by persons ''registered under
this chapter'' for provisions relating to complaints against persons
''registered or required to be registered under section 6d, 6e, 6j, or
6m of this title'', and substituted provisions for application to
Commission for an award of actual damages caused by such violation, for
provisions authorizing application to Commission by petition, and
forwarding of complaint, if warranted, to respondent for satisfaction or
answer.
Subsec. (b). Pub. L. 97-444, 231(2), substituted provisions relating
to promulgation by Commission of rules, regulations, and orders
necessary or appropriate for administration of this section, including
rules of practice and procedure governing proceedings before the
Commission, for provisions relating to investigation and service of
complaint by Commission, and hearing thereon before an Administrative
Law Judge, except that where amount claimed as damages did not exceed
$5,000, hearing need not be held, and proofs could be supplied by
deposition or verified statements of fact.
Subsec. (c). Pub. L. 97-444, 231(3), (4), redesignated subsec. (d)
as (c). Former subsec. (c), which provided that after opportunity for
hearing on complaints where the damages claimed exceeded the sum of
$5,000 had been provided or waived and on complaints where damages
claimed did not exceed the sum of $5,000 not requiring hearing as
provided herein, Commission would determine whether or not the
respondent had violated any provision of this chapter or any rule,
regulation, or order thereunder, was struck out.
Subsec. (d). Pub. L. 97-444, 231(4), (5), redesignated subsec. (f)
as (d) and substituted ''subsection (e)'' for ''subsection (g)''.
Former subsec. (d) was redesignated (c).
Subsec. (e). Pub. L. 97-444, 231(3), (4), redesignated subsec. (g)
as (e). Former subsec. (e), which provided that if, after a hearing on
a complaint made by any person under subsection (a) of this section, or
without hearing as provided in subsections (b) and (c) of this section,
or upon failure of the party complained against to answer a complaint
duly served within the time prescribed, or to appear at a hearing after
being duly notified, the Commission determined that the respondent had
violated any provision of this chapter, or any rule, regulation, or
order thereunder, the Commission would unless the offender had already
made reparation to the person complaining, determine the amount of
damage, if any, to which such person was entitled as a result of such
violation and would make an order directing the offender to pay to such
person complaining such amount on or before the date fixed in the order,
and that if, after the respondent had filed his answer to the complaint,
it appeared therein that the respondent had admitted liability for a
portion of the amount claimed in the complaint as damages, the
Commission under such rules and regulations as it would prescribe,
unless the respondent had already made reparation to the person
complaining, could issue an order directing the respondent to pay to the
complainant the undisputed amount on or before the date fixed in the
order, leaving the respondent's liability for the disputed amount for
subsequent determination, with the remaining disputed amount to be
determined in the same manner and under the same procedure as it would
have been determined if no order had been issued by the Commission with
respect to the undisputed sum, was struck out.
Subsec. (f). Pub. L. 97-444, 231(4), (6), redesignated subsec. (h)
as (f), made certain grammatical changes, and inserted provision
allowing party against whom a reparation order has been issued to show
compliance by payment of the full amount of the order or any agreed
settlement thereof.
Subsecs. (g) to (i). Pub. L. 97-444, 231(4), redesignated subsecs.
(g), (h), and (i), as (e), (f), and (g), respectively.
1978 -- Subsec. (a). Pub. L. 95-405, 21(1), substituted ''who is
registered or required to be registered'' for ''registered''.
Subsecs. (b), (c). Pub. L. 95-405, 21(2), (3), substituted
''$5,000'' for ''$2,500'' wherever appearing.
1975 -- Subsec. (i). Pub. L. 94-16 substituted ''fifteen months''
for ''one year'' in two places, and ''one year'' for ''nine months''.
Amendment by Pub. L. 97-444 effective 120 days after Jan. 11, 1983,
or such earlier date as the Commission shall prescribe by regulation,
see section 239 of Pub. L. 97-444, set out as a note under section 2 of
this title.
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
07 USC 19. Antitrust laws; anticompetitive means
TITLE 7 -- AGRICULTURE
The Commission shall take into consideration the public interest to
be protected by the antitrust laws and endeavor to take the least
anticompetitive means of achieving the objectives of this chapter, as
well as the policies and purposes of this chapter, in issuing any order
or adopting any Commission rule or regulation (including any exemption
under section 6(c) or 6c(b) of this title), or in requiring or approving
any bylaw, rule, or regulation of a contract market or registered
futures association established pursuant to section 21 of this title.
(Sept. 21, 1922, ch. 369, 15, as added Oct. 23, 1974, Pub. L.
93-463, title I, 107, 88 Stat. 1395; amended Oct. 28, 1992, Pub. L.
102-546, title V, 502(b), 106 Stat. 3631.)
The antitrust laws, referred to in text, are classified generally to
chapter 1 ( 1 et seq.) of Title 15, Commerce and Trade.
1992 -- Pub. L. 102-546 substituted ''regulation (including any
exemption under section 6(c) or 6c(b) of this title)'' for
''regulation''.
For effective date of section, see section 418 of Pub. L. 93-463,
set out as an Effective Date of 1974 Amendment note under section 2 of
this title.
07 USC 20. Market reports
TITLE 7 -- AGRICULTURE
(a) Information
The Commission may conduct regular investigations of the markets for
goods, articles, services, rights, and interests which are the subject
of futures contracts, and furnish reports of the findings of these
investigations to the public on a regular basis. These market reports
shall, where appropriate, include information on the supply, demand,
prices, and other conditions in the United States and other countries
with respect to such goods, articles, services, rights, interests, and
information respecting the futures markets.
(b) Avoidance of duplication
The Commission shall cooperate with the Department of Agriculture and
any other Department or Federal agency which makes market investigations
to avoid unnecessary duplication of information-gathering activities.
(c) Furnishing of information; confidentiality
The Department of Agriculture and any other Department or Federal
agency which has market information sought by the Commission shall
furnish it to the Commission upon the request of any authorized employee
of the Commission. The Commission shall abide by any rules of
confidentiality applying to such information.
(d) Disclosure of business transactions, market positions, trade
secrets, or names of customers
The Commission shall not disclose in such reports data and
information which would separately disclose the business transactions or
market positions of any person and trade secrets or names of customers
except as provided in section 12 of this title.
(Sept. 21, 1922, ch. 369, 16, as added Oct. 23, 1974, Pub. L.
93-463, title IV, 414, 88 Stat. 1414; amended Jan. 11, 1983, Pub. L.
97-444, title II, 232, 96 Stat. 2320.)
1983 -- Subsec. (d). Pub. L. 97-444 prohibited disclosure of market
positions.
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
For effective date of section, see section 418 of Pub. L. 93-463,
set out as an Effective Date of 1974 Amendment note under section 2 of
this title.
Pub. L. 99-641, title I, 111, Nov. 10, 1986, 100 Stat. 3561,
provided that:
''(a) Study. -- The Comptroller General of the United States shall
conduct and complete a comprehensive study of the effect of trading in
contracts for the future delivery of live cattle on the cash market
price of live cattle, with particular emphasis on --
''(1) whether the reaction of the live cattle futures market to the
results of the milk production termination program in March 1986,
conducted under section 201(d)(3) of the Agricultural Act of 1949 (7
U.S.C. 1446(d)(3)), was based on and accurately reflected the then
prevailing conditions of supply and demand;
''(2) the effect of the trading in contracts for the future delivery
of live cattle on --
''(i) the price relationship between feeder cattle and fed cattle;
''(ii) the price discovery process with respect to live cattle; and
''(iii) price competition within the cattle industry;
''(3) the effect of the use of packer contracts, as a means of
obtaining slaughter cattle, on the increase in short hedging in
contracts for the future delivery of live cattle and the effect of this
increase in short hedging on prices in the futures and cash markets;
''(4) the effect on the ability of the cash markets to accurately
reflect prevailing conditions of supply and demand if packer contracts
become the prevalent method of marketing fed cattle;
''(5) whether the present delivery system for contracts for the
future delivery of live cattle creates any bias (either upward or
downward) in the cash price for cattle;
''(6) whether the present delivery system for contracts for the
future delivery of live cattle creates price volatility during the
delivery month; and
''(7) whether there are advantages or disadvantages to a cash
settlement system in lieu of the present delivery system in the case of
contracts for the future delivery of live cattle.
''(b) Reports. --
''(1) Preliminary report. -- Not later than January 15, 1987, the
Comptroller General shall submit a preliminary report on the results of
the study required under subsection (a) to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
''(2) Final report. -- Not later than 1 year after the date of
enactment of this Act (Nov. 10, 1986), the Comptroller General shall
submit to such committees a detailed final report of the results of the
study required under subsection (a).''
Pub. L. 95-405, 27, Sept. 30, 1978, 92 Stat. 877, required, within
one year of Oct. 1, 1978, Secretary of Agriculture to (1) conduct a
comprehensive study of marketing of Irish potatoes and of making and
trading of contracts of sale for future delivery of Irish potatoes,
including rules and regulations pertaining to such trading issued by
Commodity Futures Trading Commission or any contract market designated
by Commission; and (2) submit to each House of Congress a detailed
report on results of such study, and that report should also include any
proposals Secretary may have concerning any legislation needed to
implement such recommendations and concerning any modifications and
rules and regulations needed to improve regulation of such contracts by
Commission or any contract market designated by Commission.
07 USC 21. Registered futures associations
TITLE 7 -- AGRICULTURE
(a) Registration statement
Any association of persons may be registered with the Commission as a
registered futures association pursuant to subsection (b) of this
section, under the terms and conditions hereinafter provided in this
section, by filing with the Commission for review and approval a
registration statement in such form as the Commission may prescribe,
setting forth the information, and accompanied by the documents, below
specified:
(1) Data as to its organization, membership, and rules of procedure,
and such other information as the Commission may by rules and
regulations require as necessary or appropriate in the public interest;
and
(2) Copies of its constitution, charter, or articles of incorporation
or association, with all amendments thereto, and of its bylaws, and of
any rules or instruments corresponding to the foregoing, whatever the
name, hereinafter in this section collectively referred to as the
''rules of the association''.
(b) Standards for registration; Commission findings
An applicant association shall not be registered as a futures
association unless the Commission finds, under standards established by
the Commission, that --
(1) such association is in the public interest and that it will be
able to comply with the provisions of this section and the rules and
regulations thereunder and to carry out the purposes of this section;
(2) the rules of the association provide that any person registered
under this chapter, contract market, or any other person designated
pursuant to the rules of the Commission as eligible for membership may
become a member of such association, except such as are excluded
pursuant to paragraph (3) or (4) of this subsection, or a rule of the
association permitted under this subparagraph. The rules of the
association may restrict membership in such association on such
specified basis relating to the type of business done by its members, or
on such other specified and appropriate basis, as appears to the
Commission to be necessary or appropriate in the public interest and to
carryout the purpose of this section. Rules adopted by the association
may provide that the association may, unless the Commission directs
otherwise in cases in which the Commission finds it appropriate in the
public interest so to direct, deny admission to, or refuse to continue
in such association any person if (i) such person, whether prior or
subsequent to becoming registered as such, or (ii) any person associated
within the meaning of ''associated person'' as set forth in section 6k
of this title, whether prior or subsequent to becoming so associated,
has been and is suspended or expelled from a contract market or has been
and is barred or suspended from being associated with all members of
such contract market, for violation of any rule of such contract market;
(3) the rules of the association provide that, except with the
approval or at the direction of the Commission in cases in which the
Commission finds it appropriate in the public interest so to approve or
direct, no person shall be admitted to or continued in membership in
such association, if such person --
(A) has been and is suspended or expelled from a registered futures
association or from a contract market or has been and is barred or
suspended from being associated with all members of such association or
from being associated with all members of such contract market, for
violation of any rule of such association or contract market which
prohibits any act or transaction constituting conduct inconsistent with
just and equitable principles of trade, or requires any act the omission
of which constitutes conduct inconsistent with just and equitable
principles of trade;
(B) is subject to an order of the Commission denying, suspending, or
revoking his registration pursuant to section 9 of this title, or
expelling or suspending him from membership in a registered futures
association or a contract market, or barring or suspending him from
being associated with a futures commission merchant;
(C) whether prior or subsequent to becoming a member, by his conduct
while associated with a member, was a cause of any suspension,
expulsion, or order of the character described in clause (A) or (B)
which is in effect with respect to such member, and in entering such a
suspension, expulsion, or order, the Commission or any such contract
market or association shall have jurisdiction to determine whether or
not any person was a cause thereof; or
(D) has associated with him any person who is known, or in the
exercise of reasonable care should be known, to him to be a person who
would be ineligible for admission to or continuance in membership under
clause (A), (B), or (C) of this paragraph;
(4) the rules of the association provide that, except with the
approval or at the direction of the Commission in cases in which the
Commission finds it appropriate in the public interest so to approve or
direct, no person shall become a member and no natural person shall
become a person associated with a member, unless such person is
qualified to become a member or a person associated with a member in
conformity with specified and appropriate standards with respect to the
training, experience, and such other qualifications of such person as
the association finds necessary or desirable, and in the case of a
member, the financial responsibility of such a member. For the purpose
of defining such standards and the application thereof, such rules may
--
(A) appropriately classify prospective members (taking into account
relevant matters, including type or nature of business done) and persons
proposed to be associated with members;
(B) specify that all or any portion of such standard shall be
applicable to any such class;
(C) require persons in any such class to pass examinations prescribed
in accordance with such rules;
(D) provide that persons in any such class other than prospective
members and partners, officers and supervisory employees (which latter
term may be defined by such rules and as so defined shall include branch
managers of members) of members, may be qualified solely on the basis of
compliance with specified standards of training and such other
qualifications as the association finds appropriate;
(E) provide that applications to become a member or a person
associated with a member shall set forth such facts as the association
may prescribe as to the training, experience, and other qualifications
(including, in the case of an applicant for membership, financial
responsibility) of the applicant and that the association shall adopt
procedures for verification of qualifications of the applicant, which
may require the applicant to be fingerprinted and to submit, or cause to
be submitted, such fingerprints to the Attorney General for
identification and appropriate processing. Notwithstanding any other
provision of law, such an association may receive from the Attorney
General all the results of such identification and processing; and
(F) require any class of persons associated with a member to be
registered with the association in accordance with procedures specified
by such rules (and any application or document supplemental thereto
required by such rules of a person seeking to be registered with such
association shall, for the purposes of section 9 of this title, be
deemed an application required to be filed under this section);
(5) the rules of the association assure a fair representation of its
members in the adoption of any rule of the association or amendment
thereto, the selection of its officers and directors, and in all other
phases of the administration of its affairs;
(6) the rules of the association provide for the equitable allocation
of dues among its members, to defray reasonable expenses of
administration;
(7) the rules of the association are designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, in general, to protect the public interest, and to
remove impediments to and perfect the mechanism of free and open futures
trading;
(8) the rules of the association provide that its members and persons
associated with its members shall be appropriately disciplined, by
expulsion, suspension, fine, censure, or being suspended or barred from
being associated with all members, or any other fitting penalty, for any
violation of its rules;
(9) the rules of the association provide a fair and orderly procedure
with respect to the disciplining of members and persons associated with
members and the denial of membership to any person seeking membership
therein or the barring of any person from being associated with a
member. In any proceeding to determine whether any member or other
person shall be disciplined, such rules shall require that specific
charges be brought; that such member or person shall be notified of,
and be given an opportunity to defend against, such charges; that a
record shall be kept; and that the determination shall include --
(A) a statement setting forth any act or practice in which such
member or other person may be found to have engaged, or which such
member or other person may be found to have omitted;
(B) a statement setting forth the specific rule or rules of the
association of which any such act or practice, or omission to act, is
deemed to be in violation;
(C) a statement whether the acts or practices prohibited by such rule
or rules, or the omission of any act required thereby, are deemed to
constitute conduct inconsistent with just and equitable principles of
trade; and
(D) a statement setting forth the penalty imposed; /1/
In any proceeding to determine whether a person shall be denied
membership or whether any person shall be barred from being associated
with a member, such rules shall provide that the person shall be
notified of, and be given an opportunity to be heard upon, the specific
grounds for denial or bar which are under consideration; that a record
shall be kept; and that the determination shall set forth the specific
grounds upon which the denial or bar is based;
(10) the rules of the association provide a fair, equitable, and
expeditious procedure through arbitration or otherwise for the
settlement of customers' claims and grievances against any member or
employee thereof: Provided, That (A) the use of such procedure by a
customer shall be voluntary, (B) the term ''customer'' as used in this
paragraph shall not include another member of the association, and (C)
in the case of a claim arising from a violation in the execution of an
order on the floor of a contract market, such procedure shall provide,
to the extent appropriate --
(i) for payment of actual damages proximately caused by such
violation. If an award of actual damages is made against a floor broker
in connection with the execution of a customer order, and the futures
commission merchant which selected the floor broker for the execution of
the customer order is held to be responsible under sections 2, 2a, and 4
of this title for the floor broker's violation, such futures commission
merchant may be required to satisfy such award; and
(ii) where the violation is willful and intentional, for payment to
the customer of punitive or exemplary damages, in addition to losses
proximately caused by the violation, in an amount equal to no more than
two times the amount of such losses. If punitive or exemplary damages
are awarded against a floor broker in connection with the execution of a
customer order, and the futures commission merchant which selected the
floor broker for the execution of such order is held to be responsible
under sections 2, 2a, and 4 of this title for the floor broker's
violation, such futures commission merchant may be required to satisfy
the award of punitive or exemplary damages if the floor broker fails to
do so, except that such requirement shall apply to the futures
commission merchant only if it willfully and intentionally selected the
floor broker with the intent to assist or facilitate the floor broker's
violation; and /2/
(11) such association provides for meaningful representation on the
governing board of such association of a diversity of membership
interests and provides that no less than 20 percent of the regular
voting members of such board be comprised of qualified nonmembers of or
persons who are not regulated by such association. /3/
(12)(A) /4/ such association provides on all major disciplinary
committees for a diversity of membership sufficient to ensure fairness
and to prevent special treatment or preference for any person in the
conduct of disciplinary proceedings and the assessment of penalties.
/5/
(13) A /6/ major disciplinary committee hearing a disciplinary matter
shall include --
(A) qualified persons representing segments of the association
membership other than that of the subject of the proceeding; and
(B) where appropriate to carry out the purposes of this paragraph,
qualified persons who are not members of the association.
(c) Suspension of registration
The Commission may, after notice and opportunity for hearing, suspend
the registration of any futures association if it finds that the rules
thereof do not conform to the requirements of the Commission, and any
such suspension shall remain in effect until the Commission issues an
order determining that such rules have been modified to conform with
such requirements.
(d) Fees and charges
In addition to the fees and charges authorized by section 12a(1) of
this title, each person registered under this chapter, who is not a
member of a futures association registered pursuant to this section,
shall pay to the Commission such reasonable fees and charges as may be
necessary to defray the costs of additional regulatory duties required
to be performed by the Commission because such person is not a member of
a registered futures association. The Commission shall establish such
additional fees and charges by rules and regulations.
(e) Registered persons not members of registered associations
Any person registered under this chapter, who is not a member of a
futures association registered pursuant to this section, in addition to
the other requirements and obligations of this chapter and the
regulations thereunder shall be subject to such other rules and
regulations as the Commission may find necessary to protect the public
interest and promote just and equitable principles of trade.
(f) Denial of registration
Upon filing of an application for registration pursuant to subsection
(a) of this section, the Commission may by order grant such registration
if the requirements of this section are satisfied. If, after
appropriate notice and opportunity for hearing, it appears to the
Commission that any requirement of this section is not satisfied, the
Commission shall by order deny such registration.
(g) Withdrawal from registration; notice of withdrawal
A registered futures association may, upon such reasonable notice as
the Commission may deem necessary in the public interest, withdraw from
registration by filing with the Commission a written notice of
withdrawal in such form as the Commission may by rules and regulations
prescribe.
(h) Commission review of disciplinary actions taken by registered
futures associations
(1) If any registered futures association takes any final
disciplinary action against a member of the association or a person
associated with a member, denies admission to any person seeking
membership therein, or bars any person from being associated with a
member, the association promptly shall give notice thereof to such
member or person and file notice thereof with the Commission. The
notice shall be in such form and contain such information as the
Commission, by rule or regulation, may prescribe as necessary or
appropriate to carry out the purposes of this chapter.
(2) Any action with respect to which a registered futures association
is required by paragraph (1) to file notice shall be subject to review
by the Commission on its motion, or on application by any person
aggrieved by the action. Such application shall be filed within 30 days
after the date such notice is filed with the Commission and received by
the aggrieved person, or within such longer period as the Commission may
determine.
(3)(A) Application to the Commission for review, or the institution
of review by the Commission on its own motion, shall not operate as a
stay of such action unless the Commission otherwise orders, summarily or
after notice and opportunity for hearing on the question of a stay
(which hearing may consist solely of the submission of affidavits or
presentation of oral arguments).
(B) The Commission shall establish procedures for expedited
consideration and determination of the question of a stay.
(i) Notice; hearing; findings; cancellation, reduction, or
remission of penalties; review by court of appeals
(1) In a proceeding to review a final disciplinary action taken by a
registered futures association against a member thereof or a person
associated with a member, after appropriate notice and opportunity for a
hearing (which hearing may consist solely of consideration of the record
before the association and opportunity for the presentation of
supporting reasons to affirm, modify, or set aside the sanction imposed
by the association) --
(A) if the Commission finds that --
(i) the member or person associated with a member has engaged in the
acts or practices, or has omitted the acts, that the association has
found the member or person to have engaged in or omitted;
(ii) the acts or practices, or omissions to act, are in violation of
the rules of the association specified in the determination of the
association; and
(iii) such rules are, and were applied in a manner, consistent with
the purposes of this chapter,
the Commission, by order, shall so declare and, as appropriate,
affirm the sanction imposed by the association, modify the sanction in
accordance with paragraph (2), or remand the case to the association for
further proceedings; or
(B) if the Commission does not make any such finding, the Commission,
by order, shall set aside the sanction imposed by the association and,
if appropriate, remand the case to the association for further
proceedings.
(2) If, after a proceeding under paragraph (1), the Commission finds
that any penalty imposed on a member or person associated with a member
is excessive or oppressive, having due regard for the public interest,
the Commission, by order, shall cancel, reduce, or require the remission
of the penalty.
(3) In a proceeding to review the denial of membership in a
registered futures association or the barring of any person from being
associated with a member, after appropriate notice and opportunity for a
hearing (which hearing may consist solely of consideration of the record
before the association and opportunity for the presentation of
supporting reasons to affirm, modify, or set aside the action of the
association) --
(A) if the Commission finds that --
(i) the specific grounds on which the denial or bar is based exist in
fact;
(ii) the denial or bar is in accordance with the rules of the
association; and
(iii) such rules are, and were applied in a manner, consistent with
the purposes of this chapter,
the Commission, by order, shall so declare and, as appropriate,
affirm or modify the action of the association, or remand the case to
the association for further proceedings; or
(B) if the Commission does not make any such finding, the Commission,
by order, shall set aside the action of the association and require the
association to admit the applicant to membership or permit the person to
be associated with a member, or, as appropriate, remand the case to the
association for further proceedings.
(4) Any person aggrieved by a final order of the Commission entered
under this subsection may file a petition for review with a United
States court of appeals in the same manner as provided in section 9 of
this title.
(j) Changes or additions to association rules
Every registered futures association shall file with the Commission
in accordance with such rules and regulations as the Commission may
prescribe as necessary or appropriate in the public interest, copies of
any changes in or additions to the rules of the association, and such
other information and documents as the Commission may require to keep
current or to supplement the registration statement and documents filed
pursuant to subsection (a) of this section. A registered futures
association shall submit to the Commission any change in or addition to
its rules and may make such rules effective ten days after receipt of
such submission by the Commission unless, within the ten-day period, the
registered futures association requests review and approval thereof by
the Commission or the Commission notifies such registered futures
association in writing of its determination to review such rules for
approval. The Commission shall approve such rules if such rules are
determined by the Commission to be consistent with the requirements of
this section and not otherwise in violation of this chapter or the
regulations issued pursuant to this chapter, and the Commission shall
disapprove, after appropriate notice and opportunity for hearing, any
such rule which the Commission determines at any time to be inconsistent
with the requirements of this section or in violation of this chapter or
the regulations issued pursuant to this chapter. If the Commission does
not approve or institute disapproval proceedings with respect to any
rule within one hundred and eighty days after receipt or within such
longer period of time as the registered futures association may agree
to, or if the Commission does not conclude a disapproval proceeding with
respect to any rule within one year after receipt or within such longer
period as the registered futures association may agree to, such rule may
be made effective by the registered futures association until such time
as the Commission disapproves such rule in accordance with this
subsection.
(k) Abrogation of association rules; requests to associations by
Commission to alter or supplement rules
(1) The Commission is authorized by order to abrogate any rule of a
registered futures association, if after appropriate notice and
opportunity for hearing, it appears to the Commission that such
abrogation is necessary or appropriate to assure fair dealing by the
members of such association, to assure a fair representation of its
members in the administration of its affairs or effectuate the purposes
of this section.
(2) The Commission may in writing request any registered futures
association to adopt any specified alteration or supplement to its rules
with respect to any of the matters hereinafter enumerated. If such
association fails to adopt such alteration or supplement within a
reasonable time, the Commission is authorized by order to alter or
supplement the rules of such association in the manner theretofore
requested, or with such modifications of such alteration or supplement
as it deems necessary if, after appropriate notice and opportunity for
hearing, it appears to the Commission that such alteration or supplement
is necessary or appropriate in the public interest or to effectuate the
purposes of this section, with respect to --
(A) the basis for, and procedure in connection with, the denial of
membership or the barring from being associated with a member or the
disciplining of members or persons associated with members, or the
qualifications required for members or natural persons associated with
members or any class thereof;
(B) the method for adoption of any change in or addition to the rules
of the association;
(C) the method of choosing officers and directors.
(l) Suspension and revocation of registration; expulsion of members;
removal of association officers or directors
The Commission is authorized, if such action appears to it to be
necessary or appropriate in the public interest or to carry out the
purposes of this section --
(1) after appropriate notice and opportunity for hearing, by order to
suspend for a period not exceeding twelve months or to revoke the
registration of a registered futures association, if the Commission
finds that such association has violated any provisions of this chapter
or any rule or regulation thereunder, or has failed to enforce
compliance with its own rules, or has engaged in any other activity
tending to defeat the purposes of this chapter;
(2) after appropriate notice and opportunity for hearing, by order to
suspend for a period not exceeding twelve months or to expel from a
registered futures association any member thereof, or to suspend for a
period not exceeding twelve months or to bar any person from being
associated with a member thereof, if the Commission finds that such
member or person --
(A) has violated any provision of this chapter or any rule or
regulation thereunder, or has effected any transaction for any other
person who, he had reason to believe, was violating with respect to such
transaction any provision of this chapter or any rule or regulation
thereunder; or
(B) has willfully violated any provision of this chapter, or of any
rule, regulation, or order thereunder, or has effected any transaction
for any other person who, he had reason to believe, was willfully
violating with respect to such transaction any provision of this chapter
or rule, regulation, or order; and
(3) after appropriate notice and opportunity for hearing, by order to
remove from office any officer or director of a registered futures
association who, the Commission finds, has willfully failed to enforce
the rules of the association, or has willfully abused his authority.
(m) Rules requiring membership in associations
Notwithstanding any other provision of law, the Commission may
approve rules of futures associations that, directly or indirectly,
require persons eligible for membership in such associations to become
members of at least one such association, upon a determination by the
Commission that such rules are necessary or appropriate to achieve the
purposes and objectives of this chapter.
(n) Reports to Congress
The Commission shall include in its annual reports to Congress
information concerning any futures associations registered pursuant to
this section and the effectiveness of such associations in regulating
the practices of the members.
(o) Delegation to futures associations of registrative functions;
discretionary review by Commission; judicial appeal
(1) The Commission may require any futures association registered
pursuant to this section to perform any portion of the registration
functions under this chapter with respect to each member of the
association other than a contract market and with respect to each
associated person of such member, in accordance with rules,
notwithstanding any other provision of law, adopted by such futures
association and submitted to the Commission pursuant to subsection (j)
of this section, and subject to the provisions of this chapter
applicable to registrations granted by the Commission.
(2) In performing any Commission registration function authorized by
the Commission under section 12a(10) of this title, this section, or any
other applicable provisions of this chapter, a futures association may
issue orders (A) to refuse to register any person, (B) to register
conditionally any person, (C) to suspend the registration of any person,
(D) to place restrictions on the registration of any person, or (E) to
revoke the registration of any person. If such an order is the final
decision of the futures association, any person against whom the order
has been issued may petition the Commission to review the decision. The
Commission may on its own initiative or upon petition decline review or
grant review and affirm, set aside, or modify such an order of the
futures association; and the findings of the futures association as to
the facts, if supported by the weight of the evidence, shall be
conclusive. Unless the Commission grants review under this section of
an order concerning registration issued by a futures association, the
order of the futures association shall be considered to be an order
issued by the Commission.
(3) Nothing in this section shall affect the Commission's authority
to review the granting of a registration application by a registered
futures association that is performing any Commission registration
function authorized by the Commission under section 12a(10) of this
title, this section, or any other applicable provision of this chapter.
(4) If a person against whom a futures association has issued a
registration order under this subsection petitions the Commission to
review that order and the Commission declines to take review, such
person may file a petition for review with a United States court of
appeals, in accordance with section 9 of this title.
(p) Establishment of rules for futures associations; approval by
Commission
Notwithstanding any other provision of this section, each futures
association registered under this section on January 11, 1983, shall
adopt and submit for Commission approval not later than ninety days
after such date, and each futures association that applies for
registration after such date shall adopt and include with its
application for registration, rules of the association that require the
association to --
(1) establish training standards and proficiency testing for persons
involved in the solicitation of transactions subject to the provisions
of this chapter, supervisors of such persons, and all persons for which
it has registration responsibilities, and a program to audit and enforce
compliance with such standards;
(2) establish minimum capital, segregation, and other financial
requirements applicable to its members for which such requirements are
imposed by the Commission and implement a program to audit and enforce
compliance with such requirements, except that such requirements may not
be less stringent than those imposed on such firms by this chapter or by
Commission regulation;
(3) establish minimum standards governing the sales practices of its
members and persons associated therewith for transactions subject to the
provisions of this chapter; and
(4) establish special supervisory guidelines to protect the public
interest relating to the solicitation by telephone of new futures or
options accounts and make such guidelines applicable to those members
determined to require such guidelines in accordance with standards
established by the Commission consistent with this chapter. Such
guidelines may include a requirement that, with respect to a customer
with no previous futures or commodity options trading experience, the
member may not enter an order for the account of such customer for a
period of three days following opening of the account and receipt of a
signed acknowledgment by the customer of receipt of a risk disclosure
statement.
(q) /7/ Major disciplinary rule violations
(1) The Commission shall issue regulations requiring each registered
futures association to establish and make available to the public a
schedule of major violations of any rule within the disciplinary
jurisdiction of such registered futures association.
(2) The regulations issued by the Commission pursuant to this
subsection shall prohibit, for a period of time to be determined by the
Commission, any member of a registered futures association who is found
to have committed any major violation from service on the governing
board of any registered futures association or contract market, or on
any disciplinary committee thereof.
(q) /7/ Program for implementation of rules
Each futures association registered under this section shall develop
a comprehensive program that fully implements the rules approved by the
Commission under this section as soon as practicable but not later than
September 30, 1985, in the case of any futures association registered on
January 11, 1983, and not later than two and one-half years after the
date of registration in the case of any other futures association
registered under this section.
(Sept. 21, 1922, ch. 369, 17, as added Oct. 23, 1974, Pub. L.
93-463, title III, 301, 88 Stat. 1406; amended Sept. 30, 1978, Pub.
L. 95-405, 22, 92 Stat. 876; Jan. 11, 1983, Pub. L. 97-444, title II,
217(b), 233, 96 Stat. 2307, 2320; Nov. 10, 1986, Pub. L. 99-641,
title I, 107, 108, 110(6), (7), 100 Stat. 3558, 3559, 3561; Oct. 28,
1992, Pub. L. 102-546, title II, 204(a), 206(b), 209(b)(8), 222(c),
228, title IV, 402(12), 106 Stat. 3600, 3602, 3607, 3616, 3619, 3625.)
Section 9 of this title, referred to in subsecs. (b)(3)(B), (4)(F),
(i)(4), and (o)(4), was in the original reference to section 6(c) of
this Act, meaning section 6(c) of act Sept. 21, 1922, ch. 369, which
is classified to sections 9 and 15 of this title. See Codification note
set out under section 8 of this title.
1992 -- Subsec. (a)(1), (2). Pub. L. 102-546, 402(12)(A),
realigned margins.
Subsec. (b)(3). Pub. L. 102-546, 206(b)(1)(A), (B),
209(b)(8)(A)(i), struck out ''or'' at end of subpar. (A), in subpar.
(B) made technical amendment to reference to section 9 of this title to
reflect change in reference to corresponding section of original act and
struck out ''or'' at end, and in subpar. (D) substituted a semicolon
for period at end.
Subsec. (b)(4). Pub. L. 102-546, 206(b)(1)(B), (C),
209(b)(8)(A)(ii), substituted a semicolon for period at end of subpars.
(A) to (D), in subpar. (E) substituted ''; and'' for period at end,
and in subpar. (F) made technical amendment to reference to section 9
of this title to reflect change in reference to corresponding section of
original act and substituted a semicolon for period at end.
Subsec. (b)(5) to (9). Pub. L. 102-546, 206(b)(1)(B), (C),
substituted a semicolon for period at end of pars. (5) to (9) and
subpars. (A), (B), and (D) of par. (9) and in par. (9)(C) substituted
''; and'' for period at end.
Subsec. (b)(10). Pub. L. 102-546, 206(b)(1)(C), 222(c), substituted
''(A)'' for ''(i)'' and ''voluntary, (B)'' for ''voluntary and (ii)'',
inserted '', and'' and subpar. (C) after ''association'', and
substituted ''; and'' for period at end.
Subsec. (b)(11) to (13). Pub. L. 102-546, 206(b)(1)(D), added pars.
(11) to (13).
Subsec. (i)(4). Pub. L. 102-546, 228, which directed that ''(other
than a registered futures association).'' be striken, was executed by
striking ''(other than a registered futures association)'' after ''Any
person'' to reflect the probable intent of Congress.
Pub. L. 102-546, 209(b)(8)(B), made technical amendment to reference
to section 9 of this title to reflect change in reference to
corresponding section of original act.
Subsec. (l)(2)(B). Pub. L. 102-546, 402(12)(B), made technical
amendment to reference to this chapter appearing after ''violated any
provision of'' to reflect change in reference to corresponding provision
of original act and substituted ''; and'' for period at end.
Subsec. (o)(4). Pub. L. 102-546, 209(b)(8)(C), made technical
amendment to reference to section 9 of this title to reflect change in
reference to corresponding section of original act.
Subsec. (p)(4). Pub. L. 102-546, 204(a), added par. (4).
Subsec. (q). Pub. L. 102-546, 206(b)(2), added subsec. (q) relating
to major disciplinary rules violations.
1986 -- Subsec. (b)(2). Pub. L. 99-641, 110(6), substituted
''within'' for ''with in'' before ''the meaning''.
Subsec. (h). Pub. L. 99-641, 107, amended subsec. (h) generally.
Prior to amendment, subsec. (h) read as follows: ''If any registered
futures association takes any disciplinary action against any member
thereof or any person associated with such a member or denies admission
to any person seeking membership therein, or bars any person from being
associated with a member, such action shall be subject to review by the
Commission, on its own motion, or upon application by any person
aggrieved thereby filed within thirty days after such action has been
taken or within such longer period as the Commission may determine.
Application to the Commission for review, or the institution of review
by the Commission on its own motion, shall operate as a stay of such
action until an order is issued upon such review pursuant to subsection
(i) of this section unless the Commission otherwise orders, after notice
and opportunity for hearing on the question of a stay (which hearing may
consist solely of affidavits and oral arguments).''
Subsec. (i). Pub. L. 99-641, 107, amended subsec. (i) generally.
Prior to amendment, subsec. (i) read as follows:
''(1) In a proceeding to review disciplinary action taken by a
registered futures association against a member thereof or a person
associated with a member, if the Commission, after appropriate notice
and opportunity for hearing, upon consideration of the record before the
association and such other evidence as it may deem relevant --
''(A) finds that such member or person has engaged in such acts or
practices, or has omitted such act, as the association has found him to
have engaged in or omitted, and
''(B) determines that such acts or practices, or omission to act, are
in violation of such rules of the association as have been designated in
the determination of the association, the Commission shall by order
dismiss the proceeding, unless it appears to the Commission that such
action should be modified in accordance with paragraph (2) of this
subsection. The Commission shall likewise determine whether the acts or
practices prohibited, or the omission of any act required, by any such
rule constitute conduct inconsistent with just and equitable principles
of trade, and shall so declare. If it appears to the Commission that
the evidence does not warrant the finding required in clause (A), or if
the Commission determines that such acts or practices as are found to
have been engaged in are not prohibited by the designated rule or rules
of the association, or that such act as is found to have been omitted is
not required by such designated rule or rules, the Commission shall by
order set aside the action of the association.
''(2) If, after appropriate notice and opportunity for hearing, the
Commission finds that any penalty imposed upon a member or person
associated with a member is excessive or oppressive, having due regard
to the public interest, the Commission shall by order cancel, reduce, or
require the remission of such penalty.
''(3) In any proceeding to review the denial of membership in a
registered futures association or the barring of any person from being
associated with a member, if the Commission, after appropriate notice
and hearing, and upon consideration of the record before the association
and such other evidence as it may deem relevant, determines that the
specific grounds on which such denial or bar is based exist in fact and
are valid under this section, the Commission shall by order dismiss the
proceeding; otherwise, the Commission shall by order set aside the
action of the association and require it to admit the applicant to
membership therein, or to permit such person to be associated with a
member.''
Subsec. (j). Pub. L. 99-641, 108, struck out sentence which read as
follows: ''The Commission shall approve such rules within thirty days
of their receipt if Commission approval is requested under this
subsection or within thirty days after the Commission determines to
review for approval any other rules unless the Commission notifies the
registered futures association of its inability to complete such
approval or review within such period of time.''
Subsec. (k)(1). Pub. L. 99-641, 110(7), substituted ''section'' for
''title''.
1983 -- Subsec. (b)(4)(E). Pub. L. 97-444, 233(1), inserted '',
which may require the applicant to be fingerprinted and to submit, or
cause to be submitted, such fingerprints to the Attorney General for
identification and appropriate processing. Notwithstanding any other
provision of law, such an association may receive from the Attorney
General all the results of such identification and processing'' after
''adopt procedures for verification of qualifications of the
applicant''.
Subsec. (b)(10). Pub. L. 97-444, 217(b), required association rules
to provide for ''expeditious'' procedure, redesignated cl. (iv) as (ii)
and substituted '''customer' as used in this paragraph shall not include
another member of the association'' for '''customer' as used in this
subsection shall not include a futures commission merchant or a floor
broker'', and struck out clauses ''(ii) the procedure shall not be
applicable to any claim in excess of $15,000, (iii) the procedure shall
not result in any compulsory payment except as agreed upon between the
parties,''.
Subsec. (d). Pub. L. 97-444, 233(2), substituted ''section 12a(1) of
this title'' for ''section 12a(4) of this title''.
Subsec. (h). Pub. L. 97-444, 233(3), substituted ''subsection (i) of
this section'' for ''subsection (k) of this section''.
Subsec. (j). Pub. L. 97-444, 233(4), substituted ''A registered
futures association shall submit to the Commission any change in or
addition to its rules and may make such rules effective ten days after
receipt of such submission by the Commission unless, within the ten-day
period, the registered futures association requests review and approval
thereof by the Commission or the Commission notifies such registered
futures association in writing of its determination to review such rules
for approval. The Commission shall approve such rules within thirty
days of their receipt if Commission approval is requested under this
subsection or within thirty days after the Commission determines to
review for approval any other rules unless the Commission notifies the
registered futures association of its inability to complete such
approval or review within such period of time. The Commission shall
approve such rules if such rules are determined by the Commission to be
consistent with the requirements of this section and not otherwise in
violation of this chapter or the regulations issued pursuant to this
chapter, and the Commission shall disapprove, after appropriate notice
and opportunity for hearing, any such rule which the Commission
determines at any time to be inconsistent with the requirements of this
section or in violation of this chapter or the regulations issued
pursuant to this chapter. If the Commission does not approve or
institute disapproval proceedings with respect to any rule within one
hundred and eighty days after receipt or within such longer period of
time as the registered futures association may agree to, or if the
Commission does not conclude a disapproval proceeding with respect to
any rule within one year after receipt or within such longer period as
the registered futures association may agree to, such rule may be made
effective by the registered futures association until such time as the
Commission disapproves such rule in accordance with this subsection''
for ''Any change in or addition to the rules of a registered futures
association shall be submitted to the Commission for approval and shall
take effect upon the thirtieth day after such approval by the
Commission, or upon such earlier date as the Commission may determine,
unless the Commission shall enter an order disapproving such change or
addition; and the Commission shall enter such an order unless such
change or addition appears to the Commission to be consistent with the
requirements of this section and the provisions of this chapter''.
Subsecs. (o) to (q). Pub. L. 97-444, 233(5), added subsecs. (o),
(p), and (q).
1978 -- Subsec. (b)(3)(B). Pub. L. 95-405, 22(1), struck out ''(7
U.S.C. 9)'' after ''section 9 of this title''.
Subsec. (b)(10). Pub. L. 95-405, 22(2), substituted ''$15,000'' for
''$5,000''.
Subsec. (l)(1), (2)(A). Pub. L. 95-405, 22(3), substituted
''chapter'' for ''section'' wherever appearing.
Subsecs. (m), (n). Pub. L. 95-405, 22(4), added subsec. (m) and
redesignated former subsec. (m) as (n).
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
For effective date of section, see section 418 of Pub. L. 93-463,
set out as an Effective Date of 1974 Amendment note under section 2 of
this title.
Section 204(b) of Pub. L. 102-546 provided that: ''The guidelines
required under section 17(p)(4) of the Commodity Exchange Act (7 U.S.C.
21(p)(4)) (as added by subsection (a) of this section) shall be
submitted by a futures association registered with the Commodity Futures
Trading Commission on the date of enactment of this Act (Oct. 28, 1992)
to the Commission for the approval of the Commission not later than one
hundred and eighty days after the date of enactment of this Act.''
Pub. L. 102-546, title II, 220(b), (c), Oct. 28, 1992, 106 Stat.
3614, provided that:
''(b) Study. -- The Commodity Futures Trading Commission shall
conduct a study to assess --
''(1) the progress made under initiatives to conduct trading in
futures and options subject to the jurisdiction of the Commission under
the Commodity Exchange Act (7 U.S.C. 1 et seq.) through systems of
computers or by other electronic means; and
''(2) whether the experience with such systems of trading indicates
that they may be useful or effective to enhance access to the futures
and options markets by potential market participants, improve the
ability of the Commission to audit the activities of the futures and
options markets, reduce the opportunity for trading abuses, and
otherwise be in the public interest or raise other related issues.
''(c) Report. -- Not later than two years after the date of enactment
of this Act (Oct. 28, 1992), the Commission shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
containing the results of the study conducted under subsection (a),
together with any appropriate recommendations.''
/1/ So in original. The semicolon probably should be a period.
/2/ So in original. The word ''and'' probably should not appear.
/3/ So in original. The period probably should be a semicolon.
/4/ So in original. No subpar. (B) was enacted.
/5/ So in original. The period probably should be ''; and''.
/6/ So in original. Probably should not be capitalized.
/7/ Two subsecs. (q) have been enacted.
07 USC 22. Research and information programs; reports to Congress
TITLE 7 -- AGRICULTURE
(a) The Commission shall establish and maintain, as part of its
ongoing operations, research and information programs to (1) determine
the feasibility of trading by computer, and the expanded use of modern
information system technology, electronic data processing, and modern
communication systems by commodity exchanges, boards of trade, and by
the Commission itself for purposes of improving, strengthening,
facilitating, or regulating futures trading operations; (2) assist in
the development of educational and other informational materials
regarding futures trading for dissemination and use among producers,
market users, and the general public; and (3) carry out the general
purposes of this chapter.
(b) The Commission shall include in its annual reports to Congress
plans and findings with respect to implementing this section.
(Sept. 21, 1922, ch. 369, 18, as added Oct. 23, 1974, Pub. L.
93-463, title IV, 416, 88 Stat. 1415.)
For effective date of section, see section 418 of Pub. L. 93-463,
set out as an Effective Date of 1974 Amendment note under section 2 of
this title.
07 USC 23. Standardized contracts for certain commodities
TITLE 7 -- AGRICULTURE
(a) Margin accounts or contracts and leverage accounts or contracts
prohibited except as authorized
Except as authorized under subsection (b) of this section, no person
shall offer to enter into, enter into, or confirm the execution of, any
transaction for the delivery of any commodity under a standardized
contract commonly known to the trade as a margin account, margin
contract, leverage account, or leverage contract, or under any contract,
account, arrangement, scheme, or device that the Commission determines
serves the same function or functions as such a standardized contract,
or is marketed or managed in substantially the same manner as such a
standardized contract.
(b) Permission to enter into contracts for delivery of silver or gold
bullion, bulk silver or gold coins, or platinum; rules and regulations
(1) Subject to paragraph (2), no person shall offer to enter into,
enter into, or confirm the execution of, any transaction for the
delivery of silver bullion, gold bullion, bulk silver coins, bulk gold
coins, or platinum under a standardized contract described in subsection
(a) of this section, contrary to the terms of any rule, regulation, or
order that the Commission shall prescribe, which may include terms
designed to ensure the financial solvency of the transaction or prevent
manipulation or fraud. Such rule, regulation, or order may be made only
after notice and opportunity for hearing. The Commission may set
different terms and conditions for transactions involving different
commodities.
(2) No person may engage in any activity described in paragraph (1)
who is not permitted to engage in such activity, by the rules,
regulations, and orders of the Commission in effect on November 10,
1986, until the Commission permits such person to engage in such
activity in accordance with regulations issued in accordance with
subsection (c)(2) of this section.
(c) Survey of persons interested in engaging in transactions of
silver and gold, etc.; assistance of futures association; regulations
(1)(A) Not later than 2 years after November 10, 1986, the Commission
shall --
(i) with the assistance of a futures association registered under
this chapter, conduct a survey concerning the persons interested in
engaging in the business of offering to enter into, entering into, or
confirming the execution of, the transactions described in subsection
(b)(1) of this section; and
(ii) transmit a report of the results of the survey to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(B) Notwithstanding any other provision of law, for purposes of
completing such report the Commission may direct, by rule, regulation,
or order, a futures association registered under this chapter to render
such assistance as the Commission shall specify.
(C) Such report shall include the findings and any recommendations of
the Commission concerning --
(i) whether such transactions serve an economic purpose;
(ii) the most efficient manner, consistent with the public interest,
to permit additional persons to engage in the business of offering to
enter into, entering into, and confirming the execution of such
transactions; and
(iii) the appropriate regulatory scheme to govern such transactions
to ensure the financial solvency of such transactions and to prevent
manipulation or fraud.
(2) The report shall also include Commission regulations governing
such transactions. The regulations shall provide for permitting
additional persons to engage in such transactions. The regulations
shall become effective on the expiration of 90 calendar days on which
either House of Congress is in session after the date of the transmittal
of the report to Congress. The regulations --
(A) may authorize or require, notwithstanding any other provision of
law, a futures association registered under this chapter to perform such
responsibilities in connection with such transactions as the Commission
may specify; and
(B) may require that permission for additional persons to engage in
such business be given on a gradual basis, so as not to place an undue
burden on the resources of the Commission.
(d) Savings provision
This section shall not affect any rights or obligations arising out
of any transaction subject to this section, as in effect before November
10, 1986, that was entered into, or the execution of which was
confirmed, before November 10, 1986.
(Sept. 21, 1922, ch. 369, 19, as added Sept. 30, 1978, Pub. L.
95-405, 23, 92 Stat. 876; amended Jan. 11, 1983, Pub. L. 97-444, title
II, 234, 96 Stat. 2322; Nov. 10, 1986, Pub. L. 99-641, title I, 109,
100 Stat. 3560.)
Provisions similar to those appearing in subsec. (b) were formerly
contained in section 15a of this title.
1986 -- Subsec. (a). Pub. L. 99-641 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''No person shall
offer to enter into, enter into, or confirm the execution of, any
transaction for the delivery of any commodity specifically set forth in
section 2 of this title prior to October 23, 1974, under a standardized
contract commonly known to the trade as a margin account, margin
contract, leverage account, or leverage contract, or under any contract,
account, arrangement, scheme, or device that the Commission determines
serves the same function or functions as such a standardized contract,
or is marketed or managed in substantially the same manner as such a
standardized contract.''
Subsec. (b). Pub. L. 99-641 amended subsec. (b) generally. Prior to
amendment, subsec. (b) read as follows: ''No person shall offer to
enter into, enter into, or confirm the execution of any transaction for
the delivery of silver bullion, gold bullion, or bulk silver coins or
bulk gold coins, under a standardized contract described in subsection
(a) of this section, contrary to any rule, regulation, or order of the
Commission designed to ensure the financial solvency of the transaction
or prevent manipulation or fraud: Provided, That such rule, regulation,
or order may be made only after notice and opportunity for hearing.''
Subsec. (c). Pub. L. 99-641 amended subsec. (c) generally. Prior to
amendment, subsec. (c) read as follows: ''The Commission shall
regulate any transactions under a standardized contract described in
subsection (a) of this section involving commodities described in
subsection (b) of this section or any other commodities (except those
commodities described in subsection (a) of this section) under such
terms and conditions as the Commission shall prescribe by rule,
regulation, or order made only after notice and opportunity for a
hearing. The Commission may set different terms and conditions for such
transactions involving different commodities. Notwithstanding any other
provision of this section, the Commission may prohibit any transaction
for the delivery of any commodity under a standardized contract
described in subsection (a) of this section that is not permitted by the
rules, regulations and orders of the Commission in effect on December 9,
1982, if the Commission determines that any such transactions would be
contrary to the public interest.''
Subsec. (d). Pub. L. 99-641, in amending section generally, added
subsec. (d).
1983 -- Subsec. (c). Pub. L. 97-444, 234(1), substituted ''shall
regulate'' for ''may prohibit or regulate'' and authorized Commission
prohibition of transactions for delivery of commodities under a
standardized contract that was not permitted by the rules, regulations
and orders of the Commission in effect on Dec. 9, 1982, where
transactions are determined to be contrary to the public interest.
Subsec. (d). Pub. L. 97-444, 234(2), struck out subsec. (d) which
provided for regulation of transactions in accordance with applicable
provisions of this chapter where Commission determined the transactions
under subsecs. (b) and (c) of this section were contracts for future
delivery within the meaning of this chapter.
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section
239 of Pub. L. 97-444, set out as a note under section 2 of this title.
Section effective Oct. 1, 1978, see section 28 of Pub. L. 95-405,
set out as an Effective Date of 1978 Amendment note under section 2 of
this title.
07 USC 24. Regulations respecting commodity broker debtors;
definitions
TITLE 7 -- AGRICULTURE
(a) Notwithstanding title 11, the Commission may provide, with
respect to a commodity broker that is a debtor under chapter 7 of title
11, by rule or regulation --
(1) that certain cash, securities, other property, or commodity
contracts are to be included in or excluded from customer property or
member property;
(2) that certain cash, securities, other property, or commodity
contracts are to be specifically identifiable to a particular customer
in a specific capacity;
(3) the method by which the business of such commodity broker is to
be conducted or liquidated after the date of the filing of the petition
under such chapter, including the payment and allocation of margin with
respect to commodity contracts not specifically identifiable to a
particular customer pending their orderly liquidation;
(4) any persons to which customer property and commodity contracts
may be transferred under section 766 of title 11; and
(5) how the net equity of a customer is to be determined.
(b) As used in this section, the terms ''commodity broker'',
''commodity contract'', ''customer'', ''customer property'', ''member
property'', ''net equity'', and ''security'' have the meanings assigned
such terms for the purposes of subchapter IV of chapter 7 of title 11.
(Sept. 21, 1922, ch. 369, 20, formerly 19, as added Nov. 6, 1978,
Pub. L. 95-598, title III, 302, 92 Stat. 2673; renumbered and amended
July 27, 1982, Pub. L. 97-222, 20, 96 Stat. 241.)
1982 -- Subsec. (a)(3). Pub. L. 97-222, 20(b), inserted '',
including the payment and allocation of margin with respect to commodity
contracts not specifically identifiable to a particular customer pending
their orderly liquidation''.
Section effective Nov. 6, 1978, see section 402(d) of Pub. L.
95-598, set out as a note preceding section 101 of Title 11, Bankruptcy.
07 USC 25. Private rights of action
TITLE 7 -- AGRICULTURE
(a) Actual damages; actionable transactions; exclusive remedy
(1) Any person (other than a contract market, clearing organization
of a contract market, licensed board of trade, or registered futures
association) who violates this chapter or who willfully aids, abets,
counsels, induces, or procures the commission of a violation of this
chapter shall be liable for actual damages resulting from one or more of
the transactions referred to in subparagraphs (A) through (D) of this
paragraph and caused by such violation to any other person --
(A) who received trading advice from such person for a fee;
(B) who made through such person any contract of sale of any
commodity for future delivery (or option on such contract or any
commodity); or who deposited with or paid to such person money,
securities, or property (or incurred debt in lieu thereof) in connection
with any order to make such contract;
(C) who purchased from or sold to such person or placed through such
person an order for the purchase or sale of --
(i) an option subject to section 6c of this title (other than an
option purchased or sold on a contract market or other board of trade);
(ii) a contract subject to section 23 of this title; or
(iii) an interest or participation in a commodity pool; or
(D) who purchased or sold a contract referred to in subparagraph (B)
hereof if the violation constitutes a manipulation of the price of any
such contract or the price of the commodity underlying such contract.
(2) Except as provided in subsection (b) of this section, the rights
of action authorized by this subsection and by sections 7a(11), /1/ 18,
and 21(b)(10) of this title shall be the exclusive remedies under this
chapter available to any person who sustains loss as a result of any
alleged violation of this chapter. Nothing in this subsection shall
limit or abridge the rights of the parties to agree in advance of a
dispute upon any forum for resolving claims under this section,
including arbitration.
(3) In any action arising from a violation in the execution of an
order on the floor of a contract market, the person referred to in
paragraph (1) shall be liable for --
(A) actual damages proximately caused by such violation. If an award
of actual damages is made against a floor broker in connection with the
execution of a customer order, and the futures commission merchant which
selected the floor broker for the execution of the customer order is
held to be responsible under sections 2, 2a, and 4 of this title for the
floor broker's violation, such futures commission merchant may be
required to satisfy such award; and
(B) where the violation is willful and intentional, punitive or
exemplary damages equal to no more than two times the amount of such
actual damages. If an award of punitive or exemplary damages is made
against a floor broker in connection with the execution of a customer
order, and the futures commission merchant which selected the floor
broker for the execution of the customer order is held to be responsible
under sections 2, 2a, and 4 of this title for the floor broker's
violation, such futures commission merchant may be required to satisfy
such award if the floor broker fails to do so, except that such
requirement shall apply to the futures commission merchant only if it
willfully and intentionally selected the floor broker with the intent to
assist or facilitate the floor broker's violation.
(b) Liabilities of organizations and individuals; bad faith
requirement; exclusive remedy
(1)(A) A contract market or clearing organization of a contract
market that fails to enforce any bylaw, rule, regulation, or resolution
that it is required to enforce by section 7a(8) /1/ and section 7a(9)
/1/ of this title, (B) a licensed board of trade that fails to enforce
any bylaw, rule, regulation, or resolution that it is required to
enforce by the Commission, or (C) any contract market, clearing
organization of a contract market, or licensed board of trade that in
enforcing any such bylaw, rule, regulation, or resolution violates this
chapter or any Commission rule, regulation, or order, shall be liable
for actual damages sustained by a person who engaged in any transaction
on or subject to the rules of such contract market or licensed board of
trade to the extent of such person's actual losses that resulted from
such transaction and were caused by such failure to enforce or
enforcement of such bylaws, rules, regulations, or resolutions.
(2) A registered futures association that fails to enforce any bylaw
or rule that is required under section 21 of this title or in enforcing
any such bylaw or rule violates this chapter or any Commission rule,
regulation, or order shall be liable for actual damages sustained by a
person that engaged in any transaction specified in subsection (a) of
this section to the extent of such person's actual losses that resulted
from such transaction and were caused by such failure to enforce or
enforcement of such bylaw or rule.
(3) Any individual who, in the capacity as an officer, director,
governor, committee member, or employee of a contract market, clearing
organization, licensed board of trade, or a registered futures
association willfully aids, abets, counsels, induces, or procures any
failure by any such entity to enforce (or any violation of the chapter
in enforcing) any bylaw, rule, regulation, or resolution referred to in
paragraph (1) or (2) of this subsection, shall be liable for actual
damages sustained by a person who engaged in any transaction specified
in subsection (a) of this section on, or subject to the rules of, such
contract market, licensed board of trade or, in the case of an officer,
director, governor, committee member, or employee of a registered
futures association, any transaction specified in subsection (a) of this
section, in either case to the extent of such person's actual losses
that resulted from such transaction and were caused by such failure or
violation.
(4) A person seeking to enforce liability under this section must
establish that the contract market, licensed board of trade, clearing
organization, registered futures association, officer, director,
governor, committee member, or employee acted in bad faith in failing to
take action or in taking such action as was taken, and that such failure
or action caused the loss.
(5) The rights of action authorized by this subsection shall be the
exclusive remedy under this chapter available to any person who sustains
a loss as a result of (A) the alleged failure by a contract market,
licensed board of trade, clearing organization, or registered futures
association or by any officer, director, governor, committee member, or
employee to enforce any bylaw, rule, regulation, or resolution referred
to in paragraph (1) or (2) of this subsection, or (B) the taking of
action in enforcing any bylaw, rule, regulation, or resolution referred
to in this subsection that is alleged to have violated this chapter, or
any Commission rule, regulation, or order.
(c) Jurisdiction; statute of limitations; venue; process
The United States district courts shall have exclusive jurisdiction
of actions brought under this section. Any such action shall be brought
not later than two years after the date the cause of action arises. Any
action brought under subsection (a) of this section may be brought in
any judicial district wherein the defendant is found, resides, or
transacts business, or in the judicial district wherein any act or
transaction constituting the violation occurs. Process in such action
may be served in any judicial district of which the defendant is an
inhabitant or wherever the defendant may be found.
(d) Dates of application to actions
The provisions of this section shall become effective with respect to
causes of action accruing on or after the date of enactment of the
Futures Trading Act of 1982 (January 11, 1983): Provided, That the
enactment of the Futures Trading Act of 1982 shall not affect any right
of any parties which may exist with respect to causes of action accruing
prior to such date.
(Sept. 21, 1922, ch. 369, 22, as added Jan. 11, 1983, Pub. L.
97-444, title II, 235, 96 Stat. 2322; amended Oct. 28, 1992, Pub. L.
102-546, title II, 211, 222(d), title IV, 402(14), 106 Stat. 3607,
3616, 3625.)
Sections 7a(8), 7a(9), and 7a(11) of this title, referred to in
subsecs. (a)(2) and (b)(1)(A), were redesignated sections 7a(a)(8),
7a(a)(9), and 7a(a)(11), respectively, by Pub. L. 102-546, title II,
201(a)(1), Oct. 28, 1992, 106 Stat. 3595.
The Futures Trading Act of 1982, referred to in subsec. (d), is Pub.
L. 97-444, Jan. 11, 1983, 96 Stat. 2294, which is classified
generally to this chapter. For complete classification of this Act to
the Code, see Short Title of 1983 Amendment note set out under section 1
of this title and Tables.
1992 -- Subsec. (a)(1). Pub. L. 102-546, 402(14)(A), substituted
''subparagraphs'' for ''clauses'' in introductory provisions and
''subparagraph'' for ''clause'' in subpar. (D).
Subsec. (a)(2). Pub. L. 102-546, 402(14)(B), made technical
amendment to reference to section 21(b)(10) of this title to correct
reference to corresponding section of original act.
Subsec. (a)(3). Pub. L. 102-546, 222(d), added par. (3).
Subsec. (c). Pub. L. 102-546, 211, amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ''The United States
district courts shall have exclusive jurisdiction of actions brought
under this section. Any such action must be brought within two years
after the date the cause of action accrued.''
Section effective Jan. 11, 1983, see section 239 of Pub. L.
97-444, set out as an Effective Date of 1983 Amendment note under
section 2 of this title.
/1/ See References in Text note below.
07 USC 26. Repealed. Pub. L. 102-546, title IV, 402(15), Oct. 28,
1992, 106 Stat. 3625
TITLE 7 -- AGRICULTURE
Section, act Sept. 21, 1922, ch. 369, 23, as added Jan. 11, 1983,
Pub. L. 97-444, title II, 236, 96 Stat. 2324, provided for special
studies to be conducted by Commission, Board of Governors of Federal
Reserve System, and Securities and Exchange Commission.
Section effective Jan. 11, 1983, see section 239 of Pub. L.
97-444, set out as an Effective Date of 1983 Amendment note under
section 2 of this title.
07 USC CHAPTER 2 -- COTTON STANDARDS
TITLE 7 -- AGRICULTURE
Sec.
51. Short title.
51a. Extension of classification facilities to cotton growers.
51a-1. Contracts with cooperatives furnishing classers; amount and
type of payment.
51b. Licensing samplers; revocation and suspension of license.
52. Use of nonofficial standards prohibited; sales by sample
excepted.
53. Licensing classifiers; revocation and suspension of license.
54. Classification by Department of Agriculture; certification
thereof; effect of certificate; regulations for classification.
55. Fees and charges for cotton classing and related services;
criteria; disposition of moneys and samples.
56. Establishment of cotton standards; furnishing copies of
established standards sold.
57. Disposition of proceeds of sale of cotton and of copies of
standards.
57a. Agreements with cotton associations, etc., in foreign countries
to establish cotton standards.
58. General inspection and sampling of cotton.
59. Offenses in relation to cotton standards.
60. Penalties for violations.
61. General regulations, investigations, tests, etc., by Secretary.
61a. Annual review meetings with cotton industry representatives;
purposes, etc.
62. Definitions.
63. Liability of principal for act of agent.
64. Appropriation for expenses; appointment by Secretary of
officers and agents; compensation.
65. Separability.
07 USC 51. Short title
TITLE 7 -- AGRICULTURE
This chapter shall be known by the short title of ''United States
Cotton Standards Act.''
(Mar. 4, 1923, ch. 288, 1, 42 Stat. 1517.)
Section 14 of act Mar. 4, 1923, provided: ''That this Act (enacting
this chapter) shall become effective on and after Aug. 1, 1923.''
07 USC 51a. Extension of classification facilities to cotton growers
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is requested to extend to cotton growers
facilities for the classification of cotton authorized in this chapter,
with such supervision of licensed classifiers as he shall deem necessary
under authority of the United States Cotton Futures Act.
(Mar. 4, 1933, ch. 284, 1, 47 Stat. 1621.)
The United States Cotton Futures Act, referred to in text, is part A
of act Aug. 11, 1916, ch. 313, 39 Stat. 476, as amended, which was
repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. For
complete classification of this Act to the Code prior to its repeal, see
Tables.
This section was not enacted as part of the United States Cotton
Standards Act which comprises this chapter.
07 USC 51a-1. Contracts with cooperatives furnishing classers; amount
and type of payment
TITLE 7 -- AGRICULTURE
On and after July 5, 1952 the Secretary may contract with
cooperatives furnishing classers and other facilities for classing
cotton and may pay for such services in amount, some part of which may
be in kind, not in excess of the value of the samples.
(July 5, 1952, ch. 574, title I, 101, 66 Stat. 349.)
Section was enacted as part of the Department of Agriculture
Appropriation Act, 1953, and not as part of the United States Cotton
Standards Act which comprises this chapter.
07 USC 51b. Licensing samplers; revocation and suspension of license
TITLE 7 -- AGRICULTURE
Further to carry out the purposes of this chapter 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 this chapter 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.
(Mar. 4, 1933, ch. 284, 2, 47 Stat. 1621.)
This section was not enacted as part of the United States Cotton
Standards Act which comprises this chapter.
07 USC 52. Use of nonofficial standards prohibited; sales by sample
excepted
TITLE 7 -- AGRICULTURE
It shall be unlawful (a) in or in connection with any transaction or
shipment in commerce made after August 1, 1923, or (b) in any
publication of a price or quotation determined in or in connection with
any transaction or shipment in commerce after August 1, 1923, or (c) in
any classification for the purposes of or in connection with a
transaction or shipment in commerce after August 1, 1923, 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 chapter by a name, description, or designation, or any system of
names, description, or 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.
(Mar. 4, 1923, ch. 288, 2, 42 Stat. 1517.)
Punishment for violating the provisions of this section, see section
60 of this title.
07 USC 53. Licensing classifiers; revocation and suspension of
license
TITLE 7 -- AGRICULTURE
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 chapter 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.
(Mar. 4, 1923, ch. 288, 3, 42 Stat. 1517.)
Charges for licenses issued to classifiers of cotton under this
section, see section 55 of this title.
07 USC 54. Classification by Department of Agriculture; certification
thereof; effect of certificate; regulations for classification
TITLE 7 -- AGRICULTURE
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.
(Mar. 4, 1923, ch. 288, 4, 42 Stat. 1517.)
Charges for determinations made under this section, see section 55 of
this title.
07 USC 55. Fees and charges for cotton classing and related services;
criteria; disposition of moneys and samples
TITLE 7 -- AGRICULTURE
(a) The Secretary of Agriculture shall cause to be collected such
fees and charges for licenses issued to classifiers of cotton under
section 53 of this title, for determinations made under section 54 of
this title, and for the establishment of standards and sale of copies of
standards under sections 56, 57, and 57a of this title, 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. The Secretary may provide by regulation conditions
under which cotton samples submitted or used in the performance of
services authorized by this chapter 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.). Any fees or charges, late
payment penalties, or proceeds from the sales of 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 chapter, and shall remain
available without fiscal year limitation to pay the expenses of the
Secretary incident to providing services and standards under this
chapter and section 15b of this title. 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.
(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 as practicable, the estimated actual cost to the Department of
Agriculture for developing and preparing such practical forms.
(Mar. 4, 1923, ch. 288, 5, 42 Stat. 1518; Aug. 13, 1981, Pub. L.
97-35, title I, 156(a), 95 Stat. 373; Oct. 24, 1988, Pub. L. 100-518,
4, 102 Stat. 2587.)
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. The provisions of that Act relating to management and
disposal of government property are classified to chapter 10 ( 471 et
seq.) of Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of Title 40 and Tables.
1988 -- Subsec. (a). Pub. L. 100-518 included late payment
penalties, proceeds, and interest within amounts to be credited to
current appropriation account and remain available until expended, and
authorized investment of such funds in certain interest-bearing accounts
or debt instruments.
1981 -- Pub. L. 97-35 designated existing provisions as subsec.
(a), substituted provisions requiring Secretary to cause to be collected
fees and charges, for provisions authorizing Secretary to cause to be
collected charges, and added subsec. (b).
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
156(e) of Pub. L. 97-35, set out as an Effective Date note under
section 61a of this title.
Effective July 1, 1935, the appropriation account for expenses
provided for in this chapter was abolished by act June 26, 1934, ch.
756, 5, 48 Stat. 1228.
07 USC 56. Establishment of cotton standards; furnishing copies of
established standards sold
TITLE 7 -- AGRICULTURE
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 chapter unless and until changed or replaced under
this chapter. Whenever any standard or change or replacement thereof
shall become effective under this chapter, 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
chapter 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.
(Mar. 4, 1923, ch. 288, 6(a), formerly 6, 42 Stat. 1518;
renumbered 6(a), Sept. 21, 1944, ch. 412, 401(b), 58 Stat. 738.)
The United States Cotton Futures Act, referred to in text, is part A
of act Aug. 11, 1916, ch. 313, 39 Stat. 476, as amended, which was
repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. For
complete classification of this Act to the Code prior to its repeal, see
Tables.
Section is composed of the first five sentences of subsec. (a) of
section 6 of act Mar. 4, 1923, as renumbered by section 401(b), of act
Sept. 21, 1944. Last sentence of subsec. (a) of section 6 is
classified to section 57 of this title. Subsec. (b) of section 6 is
classified to section 57a of this title.
Disposition of proceeds of sale of cotton and of copies of standards,
see section 57 of this title.
07 USC 57. Disposition of proceeds of sale of cotton and of copies of
standards
TITLE 7 -- AGRICULTURE
Any moneys received from or in connection with the sale of cotton
purchased for the preparation of the copies mentioned in section 56 of
this title 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.
(Mar. 4, 1923, ch. 288, 6(a), formerly 6, 42 Stat. 1518;
renumbered 6(a), Sept. 21, 1944, ch. 412, 401(b), 58 Stat. 738.)
Section is composed of the last sentence of subsec. (a) of section 6
of act Mar. 4, 1923, as renumbered by section 401(b) of act Sept. 21,
1944. First five sentences of subsec. (a) of section 6 is classified
to section 56 of this title. Subsec. (b) of section 6 is classified to
section 57a of this title.
07 USC 57a. Agreements with cotton associations, etc., in foreign
countries to establish cotton standards
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to effectuate agreements
with cotton associations, cotton exchanges, and other cotton
organizations in foreign countries, for (1) the 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.
(Mar. 4, 1923, ch. 288, 6(b), as added Sept. 21, 1944, ch. 412,
title IV, 401(b), 58 Stat. 738.)
Section was enacted as subsec. (b) of section 6 of act Mar. 4,
1923, by act Sept. 21, 1944, 401(b). Subsec. (a) of section 6 is
classified to sections 56 and 57 of this title.
07 USC 58. General inspection and sampling of cotton
TITLE 7 -- AGRICULTURE
In order to carry out the provisions of this chapter, 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 54 of this title.
(Mar. 4, 1923, ch. 288, 7, 42 Stat. 1518.)
07 USC 59. Offenses in relation to cotton standards
TITLE 7 -- AGRICULTURE
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 chapter; 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 chapter; or (c) to display or use any such practical form or
copy after the Secretary of Agriculture shall have caused it to be
condemned.
(Mar. 4, 1923, ch. 288, 8, 42 Stat. 1519.)
Punishment for violating the provisions of this section, see section
60 of this title.
07 USC 60. Penalties for violations
TITLE 7 -- AGRICULTURE
(a) Any person who shall knowingly violate any provision of sections
52 or 59 of this title, or (b) any person licensed under this chapter
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 chapter
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 chapter 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.
(Mar. 4, 1923, ch. 288, 9, 42 Stat. 1519.)
07 USC 61. General regulations, investigations, tests, etc., by
Secretary
TITLE 7 -- AGRICULTURE
For the purposes of this chapter 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.
(Mar. 4, 1923, ch. 288, 10, 42 Stat. 1519.)
07 USC 61a. Annual review meetings with cotton industry
representatives; purposes, etc.
TITLE 7 -- AGRICULTURE
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 (7 U.S.C. 51 et seq.), and the
Cotton Statistics and Estimates Act (7 U.S.C. 471 et seq.), (2)
activities and operations relating to cotton under the United States
Warehouse Act (7 U.S.C. 241 et seq.), 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.
(Pub. L. 97-35, title I, 156(d), Aug. 13, 1981, 95 Stat. 374.)
The Cotton Standards Act, referred to in text, probably meaning the
United States Cotton Standards Act, is act Mar. 4, 1923, ch. 288, 42
Stat. 1517, as amended, which is classified generally to this chapter.
For complete classification of this Act to the Code, see section 51 of
this title and Tables.
The Cotton Statistics and Estimates Act, referred to in text, is act
Mar. 3, 1927, ch. 337, 44 Stat. 1372, as amended, which is classified
generally to chapter 19 ( 471 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of this title and Tables.
The United States Warehouse Act, referred to in text, is part C of
act Aug. 11, 1916, ch. 313, 39 Stat. 486, as amended, which is
classified generally to chapter 10 ( 241 et seq.) of this title. For
complete classification of this Act to the Code, see section 241 of this
title and Tables.
Section was enacted as part of the Omnibus Budget Reconciliation Act
of 1981, and not as part of the United States Cotton Standards Act which
comprises this chapter.
Section 156(e) of Pub. L. 97-35 provided that: ''The provisions of
this section (enacting this section, amending sections 15b, 55, and 473a
of this title, and enacting provision set out as a note under section
473a of this title) shall become effective October 1, 1981.''
07 USC 62. Definitions
TITLE 7 -- AGRICULTURE
Wherever used in this chapter, (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.
(Mar. 4, 1923, ch. 288, 11, 42 Stat. 1519.)
Section is composed of the first sentence of section 11 of act Mar.
4, 1923. The remainder of section 11 is contained in section 63 of this
title.
07 USC 63. Liability of principal for act of agent
TITLE 7 -- AGRICULTURE
When construing and enforcing the provisions of this chapter, 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.
(Mar. 4, 1923, ch. 288, 11, 42 Stat. 1519.)
Section is composed of the second sentence of section 11 of act Mar.
4, 1923. The first sentence of section 11 is contained in section 62 of
this title.
07 USC 64. Appropriation for expenses; appointment by Secretary of
officers and agents; compensation
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated out of any moneys in the
Treasury not otherwise appropriated, such sums as may be necessary for
carrying out the provisions of this chapter; 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 chapter in the District
of Columbia and elsewhere.
(Mar. 4, 1923, ch. 288, 12, 42 Stat. 1519.)
07 USC 65. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the chapter and the application of such provision to other persons
and circumstances shall not be affected thereby.
(Mar. 4, 1923, ch. 288, 13, 42 Stat. 1520.)
07 USC CHAPTER 3 -- GRAIN STANDARDS
TITLE 7 -- AGRICULTURE
Sec.
71. Short title.
72, 73. Omitted.
74. Congressional findings and declaration of policy.
75. Definitions.
75a. Federal Grain Inspection Service; Administrator.
75b. Committee on Grain Quality and Grain Quality Coordinator.
(a) Establishment of Committee and Coordinator.
(b) Duties.
(c) Termination.
76. Standards and procedures; establishment, amendment, and
revocation.
(a) Authority of Administrator.
(b) Notice and opportunity for comment; standards regarding
cleanliness of grain.
(c) Grade determining factors related to physical soundness and
purity; notice and opportunity for comment.
(d) Moisture content criterion.
77. Official inspection and weighing requirements; waiver;
supervision by representatives of Administrator.
(a) Official samples and certificates; waiver; excepted grains.
(b) Supervision by representatives of Administrator.
(c) Testing for aflatoxin contamination of corn shipped in foreign
commerce.
78. Use of official grade designations required; false or
misleading grade designations for grain shipped out of the United
States.
79. Official inspection.
(a) Grain required to be officially inspected.
(b) Inspections made pursuant to request of interested persons.
(c) Reinspections and appeals; cancellation of superseded
certificates; sale of samples.
(d) Official certificates as evidence.
(e) Official inspection at export port locations; delegation of
authority to State agencies.
(f) Official inspections at other than export port locations;
designation of agencies or persons to conduct official inspections.
(g) Termination, renewal, amendment, cancellation, and revocation of
designations of official agencies.
(h) Official inspections at locations other than export port
locations when designated official agencies are not available.
(i) Official inspections in Canadian ports.
(j) Fees; establishment, amount, payment, etc.
79a. Weighing authority.
(a) Official weighing in accordance with prescribed regulations.
(b) Official weighing or supervision of weighing at grain elevators,
warehouses, or other storage or handling facilities located other than
at export elevators at export port locations.
(c) Personnel performing official weighing or supervision of weighing
at locations at which official inspection is provided.
(d) Official weighing in Canadian ports.
(e) Official weighing or supervision of weighing upon request of
operators of grain elevators, warehouses, or other storage or handling
facilities.
(f) Demonstrated willingness of operators of grain elevators,
warehouses, or other storage or handling facilities to meet equipment
and personnel requirements.
(g) Official certificates as evidence.
(h) Weighing prohibited when not in accordance with prescribed
procedures.
(i) Unauthorized weighing prohibited.
(j) Authority under United States Warehouse Act not limited.
(k) Access to elevators, warehouses, or other storage or handling
facilities.
(l) Fees; establishment, amount, payment, etc.
79b. Testing of equipment.
(a) Random and periodic testing at least annually; fees.
(b) Personnel to conduct testing.
(c) Use of non-approved equipment prohibited.
79c. Omitted.
79d. Limitation on administrative and supervisory costs.
80 to 83. Omitted.
84. Licensing of inspectors.
(a) Authorization.
(b) Duration of licenses; suspension; reinstatement.
(c) Examination of applicants; reexaminations.
(d) Inspectors performing under contract not deemed Federal
employees.
(e) Hiring of official inspection personnel and supervisory personnel
without regard to laws governing appointments to the competitive
service.
(f) Periodic rotation of personnel.
(g) Recruitment, training, and supervision of personnel; work
production standards; exemption for certain personnel.
85. Suspension, revocation, and refusal to renew licenses; hearing;
grounds; temporary suspension.
86. Refusal of inspection and weighing services; civil penalties.
(a) Grounds for refusal of services.
(b) Persons responsibly connected with a business.
(c) Civil penalties.
(d) Opportunity for hearing; temporary refusal without hearing
pending final determination.
(e) Collection and disposition of civil penalties.
87. Conflicts of interest.
(a) Prohibition with respect to persons licensed or authorized by
Administrator to perform official functions.
(b) Prohibition with respect to personnel of official or State
agencies and business or governmental entities related to such agencies;
substantial stock holder; use of official inspection service;
authority delegation; report to Congressional committees.
(c) Official agencies or State agencies not prevented from engaging
in business of weighing grain.
87a. Records.
(a) Samples of grain.
(b) Period of maintenance.
(c) Access to records; audits.
(d) Maintenance of records by persons or entities receiving official
inspection or weighing services; access to records and facilities.
87b. Prohibited acts.
87c. Criminal penalties.
87d. Responsibility for acts of others.
87e. General authorities.
(a) Authority of Administrator.
(b) Investigation of reports or complaints of discrepancies and
abuses in official inspection or weighing of grain.
(c) Monitoring of United States grain upon its entry into foreign
nations.
(d) Authority of Office of Investigation of Department of
Agriculture.
(e) Research program to develop methods of improving accuracy and
uniformity in grading grain.
(f) Adequate personnel to meet inspection and weighing requirements.
87e-1. Purchase or lease of inspection equipment.
87f. Enforcement provisions.
(a) Subpena power.
(b) Disobedience of subpena.
(c) Court order requiring attendance and testimony of witnesses.
(d) Fees and mileage costs of witnesses.
(e) Violation of subpena as misdemeanor.
(f), (g) Repealed.
(h) District Court jurisdiction.
87f-1. Registration requirements.
(a) General requirement.
(b) Required information.
(c) Certificate of registration.
(d) Suspension or registration of certificate of registration.
(e) Fees.
87f-2. Reporting requirements.
(a) General requirements; annual report to Congressional committees.
(b) Notification of Congressional committees of complaints regarding
faulty grain deliveries and cancellation of export contracts.
(c) Submission to Congressional committees of annual summary of
complaints from foreign purchasers and prospective purchasers of grain.
87g. Relation to State and local laws; separability.
87h. Appropriations.
87i. Omitted.
87j. Advisory committee.
(a) Establishment; number and terms of members; transition.
(b) Federal Advisory Committee Act as governing.
(c) Clerical assistance and staff personnel.
(d) Compensation and travel expenses.
87k. Standardizing commercial inspections.
(a) Testing equipment.
(b) General inspection procedures.
(c) Inspection services and information.
(d) Standardized aflatoxin equipment and procedures.
07 USC 71. Short title
TITLE 7 -- AGRICULTURE
This chapter may be cited as the ''United States Grain Standards
Act.''
(Aug. 11, 1916, ch. 313, pt. B, 1, 39 Stat. 482; Aug. 15, 1968,
Pub. L. 90-487, 1, 82 Stat. 761.)
This chapter constitutes part B of ''An act making appropriations for
the Department of Agriculture for the fiscal year ending June 30, 1917,
and for other purposes,'' approved Aug. 11, 1916. Part A of act of
Aug. 11, 1916, containing the ''United States Cotton Futures Act,'' was
repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. Part C
of that act contained the ''United States Warehouse Act,'' and is
incorporated, as amended, as section 241 et seq. of this title.
Section is composed of part of section 1 of part B of act Aug. 11,
1916. Other provisions contained in section 1 were classified to former
sections 72 and 73 of this title.
1968 -- Pub. L. 90-487 substituted ''may be cited as'' for ''shall
be known by the short title of''.
Amendment by Pub. L. 90-487 effective 180 days after Aug. 15, 1968,
see section 2 of Pub. L. 90-487, set out as a note under section 78 of
this title.
Pub. L. 101-624, title XX, 2001, Nov. 28, 1990, 104 Stat. 3928,
provided that: ''This title (enacting sections 75b, 87k, 1427-1, 1593a,
and 1622a of this title, amending sections 74, 76, 77, 87b, 1423, and
1445e of this title, and enacting provisions set out as a note under
section 76 of this title) may be cited as the 'Grain Quality Incentives
Act of 1990'.''
Pub. L. 100-518, 1, Oct. 24, 1988, 102 Stat. 2584, provided that:
''This Act (enacting sections 79d and 87j of this title, amending
sections 55, 79, 79a, and 87h of this title, and enacting provisions set
out as notes under sections 79 and 1421 of this title) may be cited as
the 'United States Grain Standards Act Amendments of 1988'.''
Pub. L. 99-641, title III, 301, Nov. 10, 1986, 100 Stat. 3564,
provided that: ''This title (amending sections 74 and 87b of this title
and enacting provisions set out as notes under sections 76 and 87b of
this title) may be cited as the 'Grain Quality Improvement Act of
1986'.''
Section 1 of Pub. L. 94-582, Oct. 21, 1976, 90 Stat. 2867,
provided: ''That this Act (enacting sections 75a, 79a, 79b, 87e-1,
87f-1, and 87f-2 of this title, amending sections 74, 75, 76, 77, 78,
79, 84, 85, 86, 87, 87a, 87b, 87c, 87e, 87f, 87g, and 87h of this title,
section 5316 of Title 5, Government Organization and Employees, and
section 1114 of Title 18, Crimes and Criminal Procedure, and enacting
provisions set out as notes under sections 74, 75a, 76, and 79 of this
title) may be cited as the 'United States Grain Standards Act of
1976'.''
07 USC 72, 73. Omitted
TITLE 7 -- AGRICULTURE
Sections were omitted in the general reorganization of this chapter
by Pub. L. 90-487, 1, Aug. 15, 1968, 82 Stat. 761.
Section 72, act Aug. 11, 1916, ch. 313, pt. B, 1 (part), 39 Stat.
482, defined the words ''person'' and ''in interstate or foreign
commerce''. See section 75 of this title.
Section 73, act Aug. 11, 1916, ch. 313, pt. B, 1 (part), 39 Stat.
482, made associations, partnerships, and corporations liable for the
acts of their agents within the scope of their employment or office.
See section 87d of this title.
07 USC 74. Congressional findings and declaration of policy
TITLE 7 -- AGRICULTURE
(a) Grain is an essential source of the world's total supply of human
food and animal feed and is merchandised in interstate and foreign
commerce. It is declared to be the policy of the Congress, for the
promotion and protection of such commerce in the interests of producers,
merchandisers, warehousemen, processors, and consumers of grain, and the
general welfare of the people of the United States, to provide for the
establishment of official United States standards for grain, to promote
the uniform application thereof by official inspection personnel, to
provide for an official inspection system for grain, and to regulate the
weighing and the certification of the weight of grain shipped in
interstate or foreign commerce in the manner hereinafter provided; with
the objectives that grain may be marketed in an orderly and timely
manner and that trading in grain may be facilitated. It is hereby found
that all grain and other articles and transactions in grain regulated
under this chapter are either in interstate or foreign commerce or
substantially affect such commerce and that regulation thereof as
provided in this chapter is necessary to prevent or eliminate burdens on
such commerce and to regulate effectively such commerce.
(b) It is also declared to be the policy of Congress --
(1) to promote the marketing of grain of high quality to both
domestic and foreign buyers;
(2) that the primary objective of the official United States
standards for grain is to certify the quality of grain as accurately as
practicable; and
(3) that official United States standards for grain shall --
(A) define uniform and accepted descriptive terms to facilitate trade
in grain;
(B) provide information to aid in determining grain storability;
(C) offer users of such standards the best possible information from
which to determine end-product yield and quality of grain;
(D) provide the framework necessary for markets to establish grain
quality improvement incentives;
(E) reflect the economic value-based characteristics in the end uses
of grain; and
(F) accommodate scientific advances in testing and new knowledge
concerning factors related to, or highly correlated with, the end use
performance of grain.
(Aug. 11, 1916, ch. 313, pt. B, 2, 39 Stat. 482; July 18, 1940, ch.
636, 54 Stat. 765; Aug. 15, 1968, Pub. L. 90-487, 1, 82 Stat. 761;
Oct. 21, 1976, Pub. L. 94-582, 2, 90 Stat. 2867; Nov. 10, 1986, Pub.
L. 99-641, title III, 302, 100 Stat. 3564; Nov. 28, 1990, Pub. L.
101-624, title XX, 2004, 104 Stat. 3929.)
1990 -- Subsec. (b)(3)(E), (F). Pub. L. 101-624 added subpars. (E)
and (F).
1986 -- Pub. L. 99-641 designated existing provisions as subsec.
(a) and added subsec. (b).
1976 -- Pub. L. 94-582 expressed the policy of Congress to regulate
the weighing and the certification of the weight of grain shipped in
interstate or foreign commerce and the finding of Congress of the
necessity to regulate grain transactions to prevent or eliminate burdens
on commerce and to regulate effectively such interstate or foreign
commerce, and provided that the grain be marketed in a timely manner.
1968 -- Pub. L. 90-487 substituted a declaration of policy by the
Congress for provisions authorizing promulgation and establishment of
grain standards by Secretary of Agriculture.
1940 -- Act July 18, 1940, inserted ''soybeans,'' after
''flaxseed,''.
Section 27 of Pub. L. 94-582, as amended by Pub. L. 95-113, title
XVI, 1602(d), 1605(b), 1607(b), 1608, Sept. 29, 1977, 91 Stat. 1025,
1030, 1031, provided that: ''This Act (see Short Title of 1976
Amendment note set out under section 71 of this title) shall become
effective thirty days after enactment hereof (Oct. 21, 1976); and
thereafter no State or other agency or person shall provide official
inspection or official weighing or supervision of weighing under the
United States Grain Standards Act as amended by this Act (this chapter),
at an export port location without a delegation of authority or other
authorization under such amended Act, and no agency or person shall
provide official inspection service or official weighing or supervision
of weighing under such amended Act in any other area without a
designation or other authorization under such amended Act, except that
any agency or person then providing such service in any area may
continue to operate in that area without a delegation or designation or
other authorization under such Act but shall be subject to all
provisions of the United States Grain Standards Act and regulations
thereunder in effect immediately prior to the effective date of this
Act, until whichever of the following events occurs first:
''(1) a delegation or designation of such agency or person to perform
such services is granted or denied by the Administrator of the Federal
Grain Inspection Service pursuant to the United States Grain Standards
Act, as amended by this Act; or
''(2) such agency or person, or two or more members or employees
thereof, have been or are convicted of a violation of any provision of
the United States Grain Standards Act in effect immediately prior to the
effective date of this Act; or convicted of any offense proscribed by
other Federal law involving the handling, weighing, or official
inspection of grain: Provided, That the Administrator may allow such
affected agency or person to continue to operate in that area if the
Administrator determines that such continued operations are necessary or
desirable in carrying out the requirements of this Act: Provided
further, That the Administrator shall, within 30 days after making such
determination, submit a report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate detailing the factual bases for such
determination; or
''(3) with respect to export port locations, the expiration of a
period determined by the Administrator of not more than eighteen months
following the effective date hereof; or
''(4) with respect to any other area, the expiration of a period as
determined by the Administrator of not more than two years following the
effective date hereof:
Provided, That the Administrator is authorized and directed to cause
official inspection and official weighing of grain pursuant to the
provisions of the United States Grain Standards Act, as amended by this
Act, to be performed by authorized employees of the United States
Department of Agriculture or the Service, to begin at any time
immediately thereafter the date of enactment of this Act (Oct. 21,
1976), at those export port locations and export elevators located at
export port locations at which the Administrator determines that such
performance by such authorized employees is necessary to effectuate the
provisions of section 2 of the United States Grain Standards Act, as
amended (this section).''
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
07 USC 75. Definitions
TITLE 7 -- AGRICULTURE
When used in this chapter, except where the context requires
otherwise --
(a) the term ''Secretary'' means the Secretary of Agriculture of the
United States or his delegates;
(b) the term ''Department of Agriculture'' means the United States
Department of Agriculture;
(c) the term ''person'' means any individual, partnership,
corporation, association, or other business entity;
(d) the term ''United States'' means the States (including Puerto
Rico) and the territories and possessions of the United States
(including the District of Columbia);
(e) the term ''State'' means any one of the States (including Puerto
Rico) or territories or possessions of the United States (including the
District of Columbia);
(f) the term ''interstate or foreign commerce'' means commerce from
any State to or through any other State, or to or through any foreign
country;
(g) the term ''grain'' means corn, wheat, rye, oats, barley,
flaxseed, sorghum, soybeans, mixed grain, and any other food grains,
feed grains, and oilseeds for which standards are established under
section 76 of this title;
(h) the term ''export grain'' means grain for shipment from the
United States to any place outside thereof;
(i) the term ''official inspection'' means the determination (by
original inspection, and when requested, reinspection and appeal
inspection) and the certification, by official inspection personnel of
the kind, class, quality, or condition of grain, under standards
provided for in this chapter, or the condition of vessels and other
carriers or receptacles for the transportation of grain insofar as it
may affect the quality or condition of such grain; or other facts
relating to grain under other criteria approved by the Administrator
under this chapter (the term ''officially inspected'' shall be construed
accordingly);
(j) the term ''official inspection personnel'' means persons licensed
or otherwise authorized by the Administrator pursuant to section 84 of
this title to perform all or specified functions involved in official
inspection, official weighing, or supervision of weighing, or in the
supervision of official inspection, official weighing or supervision of
weighing;
(k) the term ''official mark'' means any symbol prescribed by
regulations of the Administrator to show the official determination of
official inspection or official weighing;
(l) the term ''official grade designation'' means a numerical or
sample grade designation, specified in the standards relating to kind,
class, quality, and condition of grain, provided for in this chapter;
(m) the term ''official agency'' means any State or local
governmental agency, or any person, designated by the Administrator
pursuant to subsection (f) of section 79 of this title for the conduct
of official inspection (other than appeal inspection), or subsection (c)
of section 79a of this title for the conduct of official weighing or
supervision of weighing (other than appeal weighing);
(n) the terms ''official certificate'' and ''official form'' mean,
respectively, a certificate or other form prescribed by regulations of
the Administrator under this chapter;
(o) the term ''official sample'' means a sample obtained from a lot
of grain by, and submitted for official inspection by, official
inspection personnel (the term ''official sampling'' shall be construed
accordingly);
(p) the term ''submitted sample'' means a sample submitted by or for
an interested person for official inspection, other than an official
sample;
(q) the term ''lot'' means a specific quantity of grain identified as
such;
(r) the term ''interested person'' means any person having a contract
or other financial interest in grain as the owner, seller, purchaser,
warehouseman, or carrier, or otherwise;
(s) the verb ''ship'' with respect to grain means transfer physical
possession of the grain to another person for the purpose of
transportation by any means of conveyance, or transport one's own grain
by any means of conveyance;
(t) the terms ''false'', ''incorrect'', and ''misleading'' mean,
respectively, false, incorrect, and misleading in any particular;
(u) the term ''deceptive loading, handling, weighing, or sampling''
means any manner of loading, handling, weighing, or sampling that
deceives or tends to deceive official inspection personnel, as specified
by regulations of the Administrator under this chapter;
(v) the term ''export elevator'' means any grain elevator, warehouse,
or other storage or handling facility in the United States as determined
by the Administrator, from which grain is shipped from the United States
to an area outside thereof;
(w) the term ''export port location'' means a commonly recognized
port of export in the United States or Canada, as determined by the
Administrator, from which grain produced in the United States is shipped
to any place outside the United States;
(x) the term ''official weighing'' means the determination and
certification by official inspection personnel of the quantity of a lot
of grain under standards provided for in this chapter, based on the
actual performance of weighing or the physical supervision thereof,
including the physical inspection and testing for accuracy of the
weights and scales and the physical inspection of the premises at which
the weighing is performed and the monitoring of the discharge of grain
into the elevator or conveyance (the terms ''officially weigh'' and
''officially weighed'' shall be construed accordingly);
(y) the term ''supervision of weighing'' means such supervision by
official inspection personnel of the grain-weighing process as is
determined by the Administrator to be adequate to reasonably assure the
integrity and accuracy of the weighing and of certificates which set
forth the weight of the grain and such physical inspection by such
personnel of the premises at which the grain weighing is performed as
will reasonably assure that all the grain intended to be weighed has
been weighed and discharged into the elevator or conveyance;
(z) the term ''Administrator'' means the Administrator of the Federal
Grain Inspection Service or his delegates;
(aa) the term ''Service'' means the Federal Grain Inspection Service;
and
(bb) the term ''intracompany shipment'' means the shipment, within
the United States, of grain lots between facilities owned or controlled
by the person owning the grain. The shipment of grain owned by a
cooperative, from a facility owned by that cooperative, to an export
facility which it jointly owns with other cooperatives, qualifies as an
intracompany shipment.
(Aug. 11, 1916, ch. 313, pt. B, 3, 39 Stat. 483; Aug. 15, 1968,
Pub. L. 90-487, 1, 82 Stat. 761; Oct. 21, 1976, Pub. L. 94-582, 3, 90
Stat. 2867; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1604(a),
1606(a), 91 Stat. 1026, 1030; Oct. 13, 1980, Pub. L. 96-437, 1, 94
Stat. 1870; Dec. 13, 1991, Pub. L. 102-237, title X, 1007(1), 105
Stat. 1897.)
1991 -- Subsecs. (i) to (k), (u) to (x), (z), (aa). Pub. L.
102-237 substituted ''the'' for ''The'' before ''term''.
1980 -- Subsec. (bb). Pub. L. 96-437 added subsec. (bb).
1977 -- Subsec. (g). Pub. L. 95-113, 1604(a)(1), substituted
''sorghum'' for ''grain sorghum''.
Subsec. (i). Pub. L. 95-113, 1606(a), struck out reference to the
determination of the quantity of sacks of grain upon the request of the
interested party applying for inspection.
Subsec. (m). Pub. L. 95-113, 1604(a)(2), substituted ''or subsection
(c) of section 79a of this title for the conduct of official weighing or
supervision of weighing (other than appeal weighing)'' for ''or
subsection (b) of section 79a of this title for the conduct of
supervision of weighing''.
Subsec. (x). Pub. L. 95-113, 1604(a)(3), substituted ''under
standards provided for in this chapter'' for ''under standards provided
in this chapter''.
Subsec. (y). Pub. L. 95-113, 1604(a)(4), substituted ''such
supervision by official inspection personnel of the grain-weighing
process as is determined by the Administrator to be adequate to
reasonably assure the integrity and accuracy of the weighing and of
certificates which set forth the weight of the grain and such physical
inspection by such personnel of the premises at which the grain weighing
is performed as will reasonably assure that all the grain intended to be
weighed has been weighed and discharged into the elevator or
conveyance'' for ''the supervision of the weighing process and of the
certification of the weight of grain, and the physical inspection of the
premises at which the weighing is performed to assure that all the grain
intended to be weighed has been weighed and discharged into the elevator
or conveyance represented on the weight certificate or other document''.
1976 -- Subsec. (i). Pub. L. 94-582, 3(a), substituted
''Administrator'' for ''Secretary'', and expanded definition of
''official inspection'' to include determination ''(by original
inspection, and when requested, reinspection and appeal inspection)''
and determination and certification of the condition of vessels and
other carriers or receptacles for the transportation of grain insofar as
it may affect the quality or condition of the grain.
Subsec. (j). Pub. L. 94-582, 3(b), in redefining ''official
inspection personnel'', substituted provision declaring term to mean
''persons licensed or otherwise authorized by the Administrator pursuant
to section 84 of this title to perform all or specified functions
involved in official inspection, official weighing, or supervision of
weighing, or in the supervision of official inspection, official
weighing or supervision of weighing'' for ''employees of State or other
governmental agencies or commercial agencies or other persons who are
licensed to perform all or specified functions involved in official
inspection under this chapter; employees of the Department of
Agriculture who are authorized to supervise official inspection and to
conduct appeal inspection or initial inspection of United States grain
in Canadian ports''.
Subsec. (k). Pub. L. 94-582, 3(c), substituted ''Administrator'' for
''Secretary'' and ''official inspection or official weighing'' for ''an
official inspection''.
Subsec. (l). Pub. L. 94-582, 3(d), substituted ''standards relating
to kind, class, quality, and condition of grain,'' for ''standards''.
Subsec. (m). Pub. L. 94-582, 3(e), substituted definition of
''official agency'' meaning ''any State or local governmental agency, or
any person, designated by the Administrator pursuant to subsection (f)
of section 79 of this title for the conduct of official inspection
(other than appeal inspection), or subsection (b) of section 79a of this
title for the conduct of supervision of weighing'' for definition of
''official inspection agency'' meaning ''the agency or person located at
an inspection point designated by the Secretary for the conduct of
official inspection under this chapter''.
Subsec. (n). Pub. L. 94-582, 3(f), substituted ''Administrator'' for
''Secretary''.
Subsec. (u). Pub. L. 94-582, 3(g), included within term defined and
its definition the concept of ''weighing'' and substituted
''Administrator'' for ''Secretary''.
Subsecs. (v) to (aa). Pub. L. 94-582, 3(h), added subsecs. (v) to
(aa).
1968 -- Pub. L. 90-487 substituted provisions defining terms used in
the chapter for provisions that the standards fixed and established by
the Secretary of Agriculture be known as the official grain standards of
the United States.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
07 USC 75a. Federal Grain Inspection Service; Administrator
TITLE 7 -- AGRICULTURE
There is created and established in the Department of Agriculture a
Service to be known as the Federal Grain Inspection Service, all the
powers of which shall be exercised by an Administrator, under the
general direction and supervision of the Secretary, who shall be
appointed by the President, by and with the advice and consent of the
Senate. The Administrator shall be responsible for the administration
of this chapter and for the establishment of policies, guidelines, and
regulations by which the Service is to carry out the provisions of this
chapter. The Secretary may delegate authority to the Administrator to
perform related functions for grain and similar commodities and products
thereof under other statutes administered by the Department of
Agriculture. Notwithstanding any other provision of law, the Secretary
is authorized to appoint four individuals to positions at grade 16 of
the General Schedule, in the Service.
(Aug. 11, 1916, ch. 313, pt. B, 3A, as added Oct. 21, 1976, Pub. L.
94-582, 4, 90 Stat. 2868; amended Sept. 29, 1977, Pub. L. 95-113,
title XVI, 1604(b), 91 Stat. 1026.)
1977 -- Pub. L. 95-113 inserted provisions authorizing Secretary to
delegate authority to Administrator to perform related functions for
grain and similar commodities and products thereof under other statutes
administered by the Department of Agriculture and authorizing the
Secretary to appoint four individuals to positions at grade 16 of the
General Schedule in the Service.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
For termination (effective 180 days after Oct. 13, 1978) of authority
of agencies to place positions in GS-16, 17, and 18, see section
414(a)(1)(B) of Pub. L. 95-454 set out as a note under section 5108 of
Title 5, Government Organization and Employees.
Section 1603 of Pub. L. 95-113 provided that:
''(a) In order to assure the normal movement of grain in an orderly
and timely manner, the Secretary of Agriculture shall establish a
temporary advisory committee to provide advice to the Administrator of
the Federal Grain Inspection Service with respect to the implementation
of the United States Grain Standards Act of 1976 (see Short Title of
1976 Amendment note under section 71 of this title). The advisory
committee shall consist of not more than twelve members, appointed by
the Secretary, representing the interests of grain producers, consumers,
and all segments of the grain industry, including grain inspection and
weighing agencies. Members of the advisory committee shall be appointed
not later than thirty days after the date of enactment of this Act
(Sept. 29, 1977).
''(b) The advisory committee shall be governed by the provisions of
the Federal Advisory Committee Act (Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 770, set out in the Appendix to Title 5, Government Organization
and Employees).
''(c) The Administrator of the Federal Grain Inspection Service shall
provide the advisory committee with necessary clerical assistance and
staff personnel.
''(d) Members of the advisory committee shall serve without
compensation, if not otherwise officers or employees of the United
States, except that members shall, while away from their homes or
regular places of business in the performance of services under this
title, be allowed travel expenses, including per diem in lieu of
subsistence, as authorized under section 5703 of title 5 of the United
States Code.
''(e) The advisory committee shall terminate eighteen months after
the date of enactment of this Act (Sept. 29, 1977).
''(f) There are hereby authorized to be appropriated such sums as are
necessary to carry out the provisions of this section.''
Section 25 of Pub. L. 94-582 provided that: ''The powers, duties,
and authorizations established by this Act (see Short Title of 1976
Amendment note set out under section 71 of this title) for the
Administrator of the Federal Grain Inspection Service shall in all
instances be exercised by the Secretary of Agriculture of the United
States during the period between the effective date of this Act
(effective thirty days after Oct. 21, 1976) and the appointment of the
Administrator.''
07 USC 75b. Committee on Grain Quality and Grain Quality Coordinator
TITLE 7 -- AGRICULTURE
(a) Establishment of Committee and Coordinator
(1) Committee
The Secretary of Agriculture (hereafter referred to in this title /1/
as the ''Secretary'') shall establish, within the Department of
Agriculture, a Committee on Grain Quality (hereafter referred to in this
section as the ''Committee'').
(2) Coordinator
The Committee established under paragraph (1) shall be chaired by an
individual, appointed by the Secretary, who shall serve as the Grain
Quality Coordinator (hereafter referred to in this title /1/ as the
''Coordinator'') and, in consultation with the Committee, carry out the
duties described in subsection (b) of this section.
(b) Duties
The Coordinator shall be responsible for --
(1) assembling and evaluating, in a systematic manner, concerns and
problems with the quality of United States grain, expressed by foreign
and domestic buyers and end-users;
(2) developing and implementing a coordinated effort to inform and
educate foreign buyers concerning the proper specifications of grain
purchase contracts to obtain the quality of grain they desire;
(3) reviewing the programs and activities of the Department of
Agriculture with respect to United States grain to determine whether the
activities are consistent with the provisions of this title /2/ (and
other provisions of law) as such provisions relate to grain quality and
grain quality competitiveness;
(4) serving as the Federal Government coordinator with respect to
grain quality and grain quality competitiveness; and
(5) investigating and communicating, through the Secretary, to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
concerning --
(A) actions undertaken by the Department of Agriculture --
(i) to improve the quality of United States grain; and
(ii) that are inconsistent with the goal of improving grain quality;
(B) conditions in the production and marketing sectors that
discourage improvements in grain quality;
(C) interrelationships of rules and actions taken by the Federal
Grain Inspection Service, other agencies of the Department of
Agriculture, Food and Drug Administration, Environmental Protection
Agency, and other Federal agencies, relating to grain production,
handling, storage, transportation, and processing as such actions affect
the wholesomeness and performance of grain;
(D) recommendations for legislative or regulatory changes that would
address grain quality issues;
(E) progress made and benefits expected from the international
harmonization of sanitary and phytosanitary requirements affecting
grain;
(F) potential opportunities and benefits from the international
harmonization of grain grades and standards;
(G) alternative forms of financial and technical assistance available
and needed by producers and elevator operators to acquire and properly
utilize grain cleaning, drying, and storage equipment; and
(H) progress on requirements of other sections of this title. /2/
(c) Termination
This section shall terminate on January 1, 2001.
(Pub. L. 101-624, title XX, 2002, Nov. 28, 1990, 104 Stat. 3928.)
This title, referred to in subsecs. (a) and (b)(3), (5)(H), is title
XX of Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3928, known as the
Grain Quality Incentives Act of 1990. For complete classification of
title XX to the Code, see Short Title of 1990 Amendment note set out
under section 71 of this title and Tables.
Section was enacted as part of the Grain Quality Incentives Act of
1990, and not as part of the United States Grain Standards Act which
comprises this chapter.
/1/ See References in Text note below.
/2/ See References in Text note below.
07 USC 76. Standards and procedures; establishment, amendment, and
revocation
TITLE 7 -- AGRICULTURE
(a) Authority of Administrator
The Administrator is authorized to investigate the handling,
weighing, grading, and transportation of grain and to fix and establish
(1) standards of kind, class, quality, and condition for corn, wheat,
rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and such
other grains as in his judgment the usages of the trade may warrant and
permit, and (2) standards or procedures for accurate weighing and weight
certification and controls, including safeguards over equipment
calibration and maintenance, for grain shipped in interstate or foreign
commerce; and the Administrator is authorized to amend or revoke such
standards or procedures whenever the necessities of the trade may
require.
(b) Notice and opportunity for comment; standards regarding
cleanliness of grain
(1) Before establishing, amending, or revoking any standards under
this chapter, the Administrator shall publish notice of the proposals
and give interested persons opportunity to submit data, views, and
arguments thereon and, upon request, an opportunity to present data,
views, and arguments orally in an informal manner. No standards
established or amendments or revocations of standards under this chapter
shall become effective less than one calendar year after promulgation
thereof, unless in the judgment of the Administrator, the public health,
interest, or safety require that they become effective sooner.
(2)(A)(i) If the Administrator determines that the establishment or
amendment of standards regarding cleanliness conditions of wheat, corn,
barley, sorghum and soybeans that meet the requirements for grade number
3 or better (as set forth in subparagraph (B)) would --
(I) enhance the competitiveness of exports of wheat, corn, barley,
sorghum and soybeans from the United States with wheat, corn, barley,
sorghum and soybean exports marketed by other major exporters;
(II) result in the maintenance or expansion of the United States
export market share for wheat, corn, barley, sorghum and soybeans;
(III) result in the maintenance or increase of United States producer
income; and
(IV) be in the interest of United States agriculture, taking into
consideration technical constraints, economic benefits and costs to
producers and industry, price competitiveness, and importer needs;
the Administrator shall establish or amend the standards to include
economically and commercially practical levels of cleanliness for wheat,
corn, barley, sorghum and soybeans.
(ii) The Administrator shall make a finding under this subsection for
grain of the type described in clause (i) as soon as practicable after
November 28, 1990.
(B)(i) In establishing requirements for cleanliness characteristics,
the Administrator shall --
(I) consider technical constraints, economic benefits and costs to
producers and industry, the price competitiveness of United States
agricultural production, and levels of cleanliness met by major
competing nations that export wheat, corn, barley, sorghum and soybeans;
(II) promulgate regulations after providing for notice and an
opportunity for public comment; and
(III) phase in any requirements for cleanliness characteristics by
incrementally decreasing the levels of the objectionable material
permitted in shipments of grade number 3 or better wheat, corn, barley,
sorghum and soybeans.
(ii) Following the phase-in period referred to in clause (i)(III),
subsequent revision of cleanliness requirements shall be conducted
consistent with the schedule of the Administrator for reviewing grain
standards.
(C) If the Administrator determines to establish requirements for
cleanliness characteristics under this section, the Administrator shall
ensure that such requirements are fully implemented not later than 6
years after November 28, 1990.
(c) Grade determining factors related to physical soundness and
purity; notice and opportunity for comment
(1) In establishing standards under subsection (a) of this section
for each grain for which official grades are established, the
Administrator shall establish for each such grain official
grade-determining factors and factor limits that reflect the levels of
soundness and purity that are consistent with end-use performance goals
of the major foreign and domestic users of each such grain. Such
factors and factor limits for grades number 3 and better shall provide
users of such standards the best possible information from which to
determine end-use product quality. The Administrator shall establish
factors and factor limits that will provide that grain meeting the
requirements for grades number 3 and better will perform in accordance
with general trade expectations for the predominant uses of such grain.
(2) In establishing factors and factor limits under paragraph (1),
the Administrator shall provide for notice and an opportunity for public
comment prior to making changes in the grade-determining factors and
factor limits that shall be applicable under this section to grain that
is officially graded.
(d) Moisture content criterion
If the Government of any country requests that moisture content
remain a criterion in the official grade designations of grain, such
criterion shall be included in determining the official grade
designation of grain shipped to such country.
(Aug. 11, 1916, ch. 313, pt. B, 4, 39 Stat. 483; Aug. 15, 1968,
Pub. L. 90-487, 1, 82 Stat. 762; Oct. 21, 1976, Pub. L. 94-582, 5, 90
Stat. 2869; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1604(c), 91
Stat. 1027; Dec. 23, 1985, Pub. L. 99-198, title XVI, 1671, 99 Stat.
1632; Nov. 28, 1990, Pub. L. 101-624, title XX, 2005, 2006, 104 Stat.
3930.)
1990 -- Subsec. (b). Pub. L. 101-624, 2005, designated existing
provisions as par. (1) and added par. (2).
Subsecs. (c), (d). Pub. L. 101-624, 2006, added subsec. (c) and
redesignated former subsec. (c) as (d).
1985 -- Subsec. (c). Pub. L. 99-198 added subsec. (c).
1977 -- Subsec. (a). Pub. L. 95-113 substituted ''sorghum'' for
''grain sorghum'', ''standards or procedures'' for ''standards'',
''weight certification and controls'' for ''weight certification
procedures and controls'', and ''calibration and maintenance, for
grain'' for ''calibration and maintenance for grain''.
1976 -- Subsec. (a). Pub. L. 94-582, 5(a), authorized weighing of
grain, designated existing provisions as cl. (1), inserted cl. (2),
and reenacted provision for amendment or revocation of standards.
Subsec. (b). Pub. L. 94-582, 5(b), substituted ''Administrator'' for
''Secretary'' in two places.
1968 -- Pub. L. 90-487 substituted provisions authorizing Secretary
to establish, amend, and revoke standards for provisions making the use
of official standards compulsory, setting out exceptions, and providing
for the right of appeal.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
Section 2003 of title XX of Pub. L. 101-624 provided that: ''The
Administrator of the Federal Grain Inspection Service shall estimate the
economic impact, including the benefits and costs and the distribution
of such benefits and costs, of any major changes necessary to carry out
the amendments made under this title to sections 4 and 13 of the United
States Grain Standards Act (7 U.S.C. 76 and 87b) prior to making such
changes.''
Pub. L. 99-641, title III, 304, Nov. 10, 1986, 100 Stat. 3565,
provided that: ''Not later than 6 months after the date of enactment of
this Act (Nov. 10, 1986), the Administrator of the Federal Grain
Inspection Service shall issue a final rule that revises grain
inspection procedures and standards established under the United States
Grain Standards Act (7 U.S.C. 71 et seq.) to more accurately reflect
levels of insect infestation.''
Pub. L. 99-641, title III, 307, Nov. 10, 1986, 100 Stat. 3566,
provided that:
''(a) Study. -- The Secretary of Agriculture shall direct the Federal
Grain Inspection Service and the Agricultural Research Service to
conduct a study of the need for and availability of uniform end-use
value tests for grain. The study shall include the following:
''(1) A survey of domestic and foreign buyers of grain to identify
the information about grain characteristics that would be most useful to
such buyers. The survey shall take into account those factors that
buyers specify in contracts, test for, measure, or would measure if
tests were available, including --
''(A) the starch, oil, and protein content, breakage susceptibility,
and individual kernel moisture of corn;
''(B) the baking characteristics, protein content, gluten content and
quality, and milling hardness of wheat; and
''(C) the protein, oil, and free-fatty-acid content of soybeans.
''(2) A review of the development and availability of tests for the
characteristics identified in the survey conducted under paragraph (1),
including an evaluation of the costs of providing such tests.
''(b) End-Use Tests. --
''(1) Ongoing review. -- The Secretary of Agriculture shall direct
the Federal Grain Inspection Service and the Agricultural Research
Service to maintain an ongoing review to determine the end-use tests
that are of economic value to buyers, and the availability and costs of
such tests.
''(2) Revision of procedures. -- The Administrator of the Federal
Grain Inspection Service, to the extent practicable, shall revise
official grain inspection and certification procedures to include within
official inspection (as defined in section 3(i) of the United States
Grain Standards Act (7 U.S.C. 75(i))) those tests that are identified
under the study conducted under subsection (a) as useful, available, and
economically feasible.
''(c) Reports. --
''(1) Study and revision of procedures. -- Not later than 1 year
after the date of enactment of this Act (Nov. 10, 1986), the
Administrator of the Federal Grain Inspection Service shall submit a
report to Congress setting forth the results of the study conducted
under subsection (a) and actions taken under subsection (b)(2).
''(2) Ongoing review. -- The Administrator shall report yearly to
Congress on the ongoing review conducted under subsection (b)(1).''
Section 1672 of Pub. L. 99-198 provided that:
''(a) The Secretary of Agriculture shall direct the Federal Grain
Inspection Service and the Agricultural Research Service to cooperate in
developing new means of establishing grain classifications taking into
account characteristics other than those visually evident.
''(b) The Secretary shall report to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate, semiannually, with the first
report due not later than December 31, 1985, on the status of
cooperative efforts required under subsection (a), as such efforts
relate to more accurately classifying types of wheat and other grains
currently in use.''
y October 21, 1978
Section 24 of Pub. L. 94-582 provided for an investigation and study
to be made by the Administrator of the Federal Grain Inspection Service
regarding the adequacy of the grain standards established under this
chapter in relation to the needs and concerns of domestic and foreign
grain buyers, with the Administrator to seek the advice of or employ the
services of representatives of the grain industry, land grant colleges
and other members of the public, the study to address specifically,
without being limited to determining (A) if standards may be developed
that would reduce grading errors and remove, where possible, subjective
human judgment from grading by increased utilization of mechanical,
electrical, and chemical means of grading, (B) whether grain should be
subclassed according to color or other factor not affecting the quality
of the grain, (C) whether the protein factor should be included in the
standards, and (D) whether broken grain should be grouped together with
foreign material, and the Administrator, as a result of such study, to
make necessary changes in the grain standards in accordance with section
75a of this title, and to submit a report to Congress setting forth the
findings of the study and actions taken as a result thereof not later
than two years after Oct. 21, 1976.
07 USC 77. Official inspection and weighing requirements; waiver;
supervision by representatives of Administrator
TITLE 7 -- AGRICULTURE
(a) Official samples and certificates; waiver; excepted grains
Whenever standards or procedures are effective under section 76 of
this title for any grain --
(1) no person shall ship from the United States to any place outside
thereof any lot of such grain, unless such lot is officially weighed and
officially inspected (on the basis of official samples taken after final
elevation as near the final spout through which the grain passes as
physically practicable as it is being loaded aboard, or while it is in,
the final carrier in which it is to be transported from the United
States) in accordance with such standards or procedures, and unless a
valid official certificate showing the official grade designation and
certified weight of the lot of grain has been provided by official
inspection personnel and is promptly furnished by the shipper, or his
agent, to the consignee with the bill of lading or other shipping
documents covering the shipment: Provided, That the Administrator may
waive the foregoing requirement in emergency or other circumstances
which would not impair the objectives of this chapter: Provided
further, That the Administrator shall waive the requirement for official
inspection whenever the parties to a contract for such shipment of a lot
of grain (which is not sold, offered for sale, or consigned for sale by
grade) from the United States to any place outside thereof mutually
agree under the contract to ship such lot of grain without official
inspection being performed and a copy of the contract is furnished to
the Administrator prior to shipment;
(2) except as the Administrator may provide in emergency or other
circumstances which would not impair the objectives of this chapter, all
other grain transferred out of and all grain transferred into an export
elevator at an export port location shall be officially weighed in
accordance with such standards or procedure: Provided, That, unless the
shipper or receiver requests that the grain be officially weighed,
intracompany shipments of grain into an export elevator by any mode of
transportation, grain transferred into an export elevator by
transportation modes other than barge, and grain transferred out of an
export elevator to destinations within the United States shall not be
officially weighed; and
(3) except as otherwise authorized by the Administrator, whenever a
lot of grain is both officially inspected and officially weighed while
being transferred into or out of a grain elevator, warehouse, or other
storage or handling facility, an official certificate shall be issued
showing both the official grade designation and the certified weight of
the lot of grain.
(b) Supervision by representatives of Administrator
All official inspection and official weighing, whether performed by
authorized Service employees or any other person licensed under section
84 of this title, shall be supervised by representatives of the
Administrator, in accordance with such regulations as he may provide.
(c) Testing for aflatoxin contamination of corn shipped in foreign
commerce
The Administrator is authorized and directed to require that all corn
exported from the United States be tested to ascertain whether it
exceeds acceptable levels of aflatoxin contamination, unless the
contract for export between the buyer and seller stipulates that
aflatoxin testing shall not be conducted.
(Aug. 11, 1916, ch. 313, pt. B, 5, 39 Stat. 483; Aug. 15, 1968,
Pub. L. 90-487, 1, 82 Stat. 763; Oct. 21, 1976, Pub. L. 94-582, 6, 90
Stat. 2869; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1606(b), 91
Stat. 1030; Oct. 13, 1980, Pub. L. 96-437, 2, 94 Stat. 1870; Nov. 28,
1990, Pub. L. 101-624, title XX, 2007, 104 Stat. 3931.)
1990 -- Subsec. (c). Pub. L. 101-624 added subsec. (c).
1980 -- Subsec. (a)(2). Pub. L. 96-437 inserted proviso that, unless
the shipper or receiver requests that the grain be officially weighed,
intracompany shipments of grain into an export elevator by any mode of
transportation, grain transferred into an export elevator by
transportation modes other than barge, and grain transferred out of an
export elevator to destinations within the United States shall not be
officially weighed.
1977 -- Subsec. (a). Pub. L. 95-113 substituted ''standards or
procedures'' for ''standards'' wherever appearing.
1976 -- Subsec. (a). Pub. L. 94-582 designated existing provisions
as par. (1) of subsec. (a); struck out ''that is sold, offered for
sale, or consigned for sale by grade'' after ''any lot of such grain'';
inserted official weighing requirement; substituted ''officially
inspected (on the basis of official samples taken after final elevation
as near the final spout through which the grain passes as physically
practicable as it is being loaded aboard, or while it is in, the final
carrier in which it is to be transported from the United States)'' for
''officially inspected in accordance with such standards on the basis of
official samples taken after final elevation as the grain is being
loaded aboard, or while it is in, the final carrier in which it is to be
transported from the United States''; required the certificate to show
the certified weight of the lot of grain provided by official inspection
personnel; substituted provision for waiver by the Administrator of
requirement for official inspection certificate in emergency or other
circumstances which would not impair the objectives of this chapter for
provision for waiver by the Secretary of any requirement of this section
with respect to shipments from or to any area or any other class of
shipments when in his judgment it is impracticable to provide official
inspection with respect to such shipments; inserted provision for
waiver by Administrator of requirement for official inspection whenever
the parties to a contract for such shipment of a lot of grain (which is
not sold, offered for sale, or consigned for sale by grade) from the
United States to any place outside thereof mutually agree under the
contract to ship such lot of grain without official inspection being
performed and a copy of the contract is furnished to the Administrator
prior to shipment; and added pars. (2) and (3) of subsec. (a).
Subsec. (b). Pub. L. 94-582 added subsec. (b).
1968 -- Pub. L. 90-487 substituted provisions requiring an official
inspection for export grains but authorizing the waiver of such
requirements when official inspection is impracticable for provisions
prohibiting misrepresentation respecting grade shipped or delivered for
shipment, allowing reexamination, requiring hearing in the event of a
false or misleading description, and allowing publication of findings.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
07 USC 78. Use of official grade designations required; false or
misleading grade designations for grain shipped out of the United States
TITLE 7 -- AGRICULTURE
(a) Whenever standards relating to kind, class, quality, or condition
of grain are effective under section 76 of this title for any grain no
person shall in any sale, offer for sale, or consignment for sale, which
involves the shipment of such grain in interstate or foreign commerce,
describe such grain as being of any grade in any advertising, price
quotation, other negotiation of sale, contract of sale, invoice, bill of
lading, other document, or description on bags or other containers of
the grain, other than by an official grade designation, with or without
additional information as to specified factors: Provided, That the
description of such grain by any proprietary brand name or trademark
that does not resemble an official grade designation, or with respect to
interstate commerce, by the use of one or more grade factor designations
set forth in the official United States standards for grain, or by other
criteria shall not be deemed to be a description of grain as being of
any grade.
(b) No person shall, in any sale, offer for sale, or consignment for
sale, of any grain which involves the shipment of such grain from the
United States to any place outside thereof, knowingly describe such
grain by any official grade designation, or other description, which is
false or misleading.
(Aug. 11, 1916, ch. 313, pt. B, 6, 39 Stat. 484; July 11, 1958,
Pub. L. 85-509, 72 Stat. 352; Aug. 15, 1968, Pub. L. 90-487, 1, 82
Stat. 763; Oct. 21, 1976, Pub. L. 94-582, 7, 90 Stat. 2870; Sept.
29, 1977, Pub. L. 95-113, title XVI, 1606(c), 91 Stat. 1030.)
1977 -- Subsec. (a). Pub. L. 95-113 substituted ''criteria'' for
''factor information''.
1976 -- Subsec. (a). Pub. L. 94-582 substituted ''standards relating
to kind, class, quality, or condition of grain'' for ''standards''.
1968 -- Pub. L. 90-487 substituted provisions requiring the use of
official grade designations and prohibiting the use of false or
misleading description of grain shipped out of the United States, for
provisions allowing the appeal to the Secretary from official grading,
authorizing the payment of additional fees for employees required in
making appeal inspections, and making the findings prima facie evidence
of the grain's true grade.
1958 -- Pub. L. 85-509 authorized payment of employees assigned to
perform appeal inspection for all overtime, night, or holiday work, and
permitted acceptance of reimbursement for any sums paid for such work.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
Section 2 of Pub. L. 90-487 provided that: ''This Act (amending
sections 71, 74, 75, 76, 77, 78, 79, 84, 85, 86, and 87 of this title
and enacting sections 87a to 87h of this title) shall become effective
one hundred and eighty days after enactment hereof (Aug. 15, 1968),
except that the repeal of the mandatory inspection provisions with
respect to grain shipped or delivered for shipment in interstate
commerce shall become effective thirty days after enactment hereof, and
the provisions of sections 6(a) and 13(a)(5) of the United States Grain
Standards Act, as amended by this Act (subsec. (a) of this section and
section 87b(a)(5) of this title) shall then become effective with
respect to such grain.''
07 USC 79. Official inspection
TITLE 7 -- AGRICULTURE
(a) Grain required to be officially inspected
The Administrator is authorized to cause official inspection under
the standards provided for in section 76 of this title to be made of all
grain required to be officially inspected as provided in section 77 of
this title, in accordance with such regulations as he may prescribe.
(b) Inspections made pursuant to request of interested persons
The Administrator is further authorized, upon request of any
interested person, and under such regulations as he may prescribe, to
cause official inspection to be made with respect to any grain whether
by official sample, submitted sample, or otherwise within the United
States under standards provided for in section 76 of this title, or,
upon request of the interested person, under other criteria approved by
the Administrator for determining the kind, class, quality, or condition
of grain, or other facts relating to grain, whenever in his judgment
providing such service will effectuate any of the objectives stated in
section 74 of this title.
(c) Reinspections and appeals; cancellation of superseded
certificates; sale of samples
The regulations prescribed by the Administrator under this chapter
shall include provisions for reinspections and appeal inspections;
cancellation and surrender of certificates superseded by reinspections
and appeal inspections; and the use of standard forms for official
certificates. The Administrator may provide by regulation that samples
obtained by or for employees of the Service for purposes of official
inspection shall become the property of the United States, and such
samples may be disposed of without regard to the provisions of the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 471 et seq.).
(d) Official certificates as evidence
Official certificates setting out the results of official inspection
issued and not canceled under this chapter shall be received by all
officers and all courts of the United States as prima facie evidence of
the truth of the facts stated therein.
(e) Official inspection at export port locations; delegation of
authority to State agencies
(1) Except as otherwise provided in paragraph (2) of this subsection,
the Administrator shall cause official inspection at export port
locations, for all grain required or authorized to be inspected by this
chapter, to be performed by official inspection personnel employed by
the Service or other persons under contract with the Service as provided
in section 84 of this title.
(2) If the Administrator determines, pursuant to paragraph (3) of
this subsection, that a State agency is qualified to perform official
inspection, meets the criteria in subsection (f)(1)(A) of this section,
and (A) was performing official inspection at an export port location
under this chapter on July 1, 1976, or (B)(i) performed official
inspection at an export port location at any time prior to July 1, 1976,
(ii) was designated under subsection (f) of this section on December 22,
1982, to perform official inspections at locations other than export
port locations, and (iii) operates in a State from which total annual
exports of grain do not exceed, as determined by the Administrator, 5
per centum of the total amount of grain exported from the United States
annually, the Administrator may delegate authority to the State agency
to perform all or specified functions involved in official inspection
(other than appeal inspection) at export port locations within the
State, including export port locations which may in the future be
established, subject to such rules, regulations, instructions, and
oversight as he may prescribe, and any such official inspection shall
continue to be the direct responsibility of the Administrator. Any such
delegation may be revoked by the Administrator, at his discretion, at
any time upon notice to the State agency without opportunity for a
hearing.
(3) Prior to delegating authority to a State agency for the
performance of official inspection at export port locations pursuant to
paragraph (2) of this subsection, the Administrator shall (A) conduct an
investigation to determine whether such agency is qualified, and (B)
make findings based on such investigation. In conducting the
investigation, the Administrator shall consult with, and review the
available files of the Department of Justice, the Office of
Investigation of the Department of Agriculture (or such other
organization or agency within the Department of Agriculture which may be
delegated the authority, in lieu thereof, to conduct investigations on
behalf of the Department of Agriculture), and the General Accounting
Office.
(4) The Administrator may provide that grain loaded at an interior
point in the United States into a rail car, barge, or other container as
the final carrier in which it is to be transported from the United
States shall be inspected in the manner provided in this subsection or
subsection (f) of this section, as the Administrator determines will
best meet the objectives of this chapter.
(f) Official inspections at other than export port locations;
designation of agencies or persons to conduct official inspections
(1) With respect to official inspections other than at export port
locations, the Administrator is authorized, upon application by any
State or local governmental agency, or any person, to designate such
agency or person as an official agency for the conduct of all or
specified functions involved in official inspection (other than appeal
inspection) at locations where the Administrator determines official
inspection is needed, if --
(A) the agency or person shows to the satisfaction of the
Administrator that such agency or person --
(i) has adequate facilities and qualified personnel for the
performance of such official inspection functions;
(ii) will provide for the periodic rotation of official inspection
personnel among the grain elevators, warehouses, or other storage or
handling facilities at which the State or person provides official
inspection, as is necessary to preserve the integrity of the official
inspection service;
(iii) will meet training requirements and personnel standards
established by the Administrator under section 84(g) of this title;
(iv) will otherwise conduct such training and provide such
supervision of its personnel as are necessary to assure that they will
provide official inspection in accordance with this chapter and the
regulations and instructions thereunder;
(v) will not charge official inspection fees that are discriminatory
or unreasonable;
(vi) if a State or local governmental agency, will not use any moneys
collected pursuant to the charging of fees for any purpose other than
the maintenance of the official inspection operation or other
agricultural programs operated by the State or local governmental
agency;
(vii) and any related entities do not have a conflict of interest
prohibited by section 87 of this title;
(viii) will maintain complete and accurate records of its
organization, staffing, official activities, and fiscal operations, and
such other records as the Administrator may require by regulation;
(ix) if a State or local governmental agency, will employ personnel
on the basis of job qualifications rather than political affiliations;
(x) will comply with all provisions of this chapter and the
regulations and instructions thereunder; and
(xi) meets other criteria established in regulations issued under
this chapter relating to official functions under this chapter; and
(B) the Administrator determines that the applicant is better able
than any other applicant to provide official inspection service.
(2) Not more than one official agency or State delegated authority
pursuant to subsection (e)(2) of this section for carrying out the
inspection provisions of this chapter shall be operative at one time for
any geographic area as determined by the Administrator to effectuate the
objectives stated in section 74 of this title.
(3) Except as authorized by the Administrator, no official agency or
State delegated authority pursuant to subsection (e)(2) of this section
shall officially inspect under this chapter any official or other sample
drawn from a lot of grain and submitted for inspection unless such lot
of grain is physically located within the geographic area assigned to
the agency by the Administrator at the time such sample is drawn.
(4) No State or local governmental agency or person shall provide any
official inspection for the purposes of this chapter except pursuant to
an unsuspended and unrevoked delegation of authority or designation by
the Administrator, as provided in this section, or as provided in
section 84(a) of this title.
(g) Termination, renewal, amendment, cancellation, and revocation of
designations of official agencies
(1) Designations of official agencies shall terminate at such time as
specified by the Administrator but not later than triennially and may be
renewed in accordance with the criteria and procedure prescribed in
subsection (f) of this section.
(2) A designation of an official agency may be amended at any time
upon application by the official agency if the Administrator determines
that the amendment will be consistent with the provisions and objectives
of this chapter; and a designation will be cancelled upon request by
the official agency with ninety days written notice to the
Administrator. A fee as prescribed by regulations of the Administrator
shall be paid by the official agency to the Administrator for each such
amendment, to cover the costs incurred by the Service in connection
therewith, and it shall be deposited in the fund created in subsection
(j) of this section.
(3) The Administrator may revoke a designation of an official agency
whenever, after opportunity for hearing is afforded the agency, the
Administrator determines that the agency has failed to meet one or more
of the criteria specified in subsection (f) of this section or the
regulations under this chapter for the performance of official
functions, or otherwise has not complied with any provision of this
chapter or any regulation prescribed or instruction issued to such
agency under this chapter, or has been convicted of any violation of
other Federal law involving the handling or official inspection of
grain: Provided, That the Administrator may, without first affording
the official agency an opportunity for a hearing, suspend any
designation pending final determination of the proceeding whenever the
Administrator has reason to believe there is cause for revocation of the
designation and considers such action to be in the best interest of the
official inspection system under this chapter. The Administrator shall
afford any such agency an opportunity for a hearing within thirty days
after temporarily suspending such designation.
(h) Official inspections at locations other than export port
locations when designated official agencies are not available
If the Administrator determines that official inspection by an
official agency designated under subsection (f) of this section is not
available on a regular basis at any location (other than at an export
port location) where the Administrator determines such inspection is
needed to effectuate the objectives stated in section 74 of this title,
and that no official agency within reasonable proximity to such location
is willing to provide or has or can acquire adequate personnel and
facilities for providing such service on an interim basis, official
inspection shall be provided by authorized employees of the Service, and
other persons licensed by the Administrator to perform official
inspection functions, as provided in section 84 of this title, until
such time as the service can be provided on a regular basis by an
official agency.
(i) Official inspections in Canadian ports
The Administrator is authorized to cause official inspection under
this chapter to be made, as provided in subsection (a) of section 77 of
this title, in Canadian ports of United States export grain transshipped
through Canadian ports, and pursuant thereto the Secretary is authorized
to enter into an agreement with the Canadian Government for such
inspection. All or specified functions of such inspections shall be
performed by official inspection personnel employed by the Service or,
except for appeals, by persons operating under a contract with the
Service.
(j) Fees; establishment, amount, payment, etc.
(1) The Administrator shall, under such regulations as the
Administrator may prescribe, charge and collect reasonable inspection
fees to cover the estimated cost to the Service incident to the
performance of official inspection except when the official inspection
is performed by a designated official agency or by a State under a
delegation of authority. The fees authorized by this subsection shall,
as nearly as practicable and after taking into consideration any
proceeds from the sale of samples, cover the costs of the Service
incident to its performance of official inspection services in the
United States and on United States grain in Canadian ports, including
administrative and supervisory costs related to such official inspection
of grain. Such fees, and the proceeds from the sale of samples obtained
for purposes of official inspection which become the property of the
United States, shall be deposited into a fund which shall be available
without fiscal year limitation for the expenses of the Service incident
to providing services under this chapter.
(2) Each designated official agency and each State agency to which
authority has been delegated under subsection (e) of this section shall
pay to the Administrator fees in such amount as the Administrator
determines fair and reasonable and as will cover the estimated costs
incurred by the Service relating to supervision of official agency
personnel and supervision by Service personnel of its field office
personnel, except costs incurred under paragraph (3) of subsection (g)
of this section and sections 85, 86, and 87c of this title. The fees
shall be payable after the services are performed at such times as
specified by the Administrator and shall be deposited in the fund
created in paragraph (1) of this subsection. Failure to pay the fee
within thirty days after it is due shall result in automatic termination
of the delegation or designation, which shall be reinstated upon
payment, within such period as specified by the Administrator, of the
fee currently due plus interest and any further expenses incurred by the
Service because of such termination. The interest rate on overdue fees
shall be as prescribed by the Secretary, but not less than the current
average market yield on outstanding marketable obligations of the United
States of comparable maturity, plus an additional charge of not to
exceed 1 per centum per annum as determined by the Secretary and
adjusted to the nearest one-eighth of 1 per centum.
(3) Any sums collected or received by the Administrator under this
chapter and deposited to the fund created in paragraph (1) of this
subsection and any late payment penalties collected by the Administrator
and credited to such fund 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 interest earned on such sums and any
late payment penalties collected by the Administrator shall be credited
to the fund and shall be available without fiscal year limitation for
the expenses of the Service incident to providing services under this
chapter.
(Aug. 11, 1916, ch. 313, pt. B, 7, 39 Stat. 484; Aug. 15, 1968,
Pub. L. 90-487, 1, 82 Stat. 763; Oct. 21, 1976, Pub. L. 94-582, 8(a),
90 Stat. 2870; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1602(a),
1604(d), 1606(d), 91 Stat. 1025, 1027, 1030; Aug. 13, 1981, Pub. L.
97-35, title I, 155(1), 95 Stat. 371; Dec. 22, 1981, Pub. L. 97-98,
title IX, 1113(a), 95 Stat. 1268; Oct. 11, 1984, Pub. L. 98-469,
2(1), 98 Stat. 1831; Oct. 24, 1988, Pub. L. 100-518, 2(1), 102 Stat.
2584.)
For termination of amendment by section 2 of Pub. L. 100-518, see
Effective and Termination Dates of 1988 Amendment note below.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (c), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. The provisions of that act relating to
management and disposal of government property are classified to chapter
10 ( 471 et seq.) of Title 40, Public Buildings, Property, and Works.
For complete classification of this Act to the Code, see Short Title
note set out under section 471 of Title 40 and Tables.
Section as originally enacted was composed of part of section 7 of
part B of act Aug. 11, 1916. Other provisions of section 7 were
classified to former sections 80 to 83 of this title.
1988 -- Subsec. (j). Pub. L. 100-518 temporarily reenacted subsec.
(j) without change. See Effective and Termination Dates of 1988
Amendment note below.
1984 -- Subsec. (j)(3). Pub. L. 98-469 temporarily added par. (3).
See Effective and Termination Dates of 1984 Amendment note below.
1981 -- Subsec. (e)(2). Pub. L. 97-98 inserted provision authorizing
the Administrator to delegate authority to perform grain inspection
functions at export port locations to any State agency that performed
official inspection at an export port location at any time prior to July
1, 1976, was designated under subsec. (f) of this section on Dec. 22,
1981, to perform inspections at locations other than export port
locations, and operates in a State from which the total annual exports
of grain do not exceed 5 per centum of the total amount of grain
exported from the United States.
Subsec. (j). Pub. L. 97-35 temporarily designated existing provisions
as par. (1), made changes in nomenclature and provided for inclusion,
rather than exclusion, of administrative and supervisory costs, and
added par. (2). See Effective and Termination Dates of 1981 Amendments
note below.
1977 -- Subsec. (b). Pub. L. 95-113, 1606(d), struck out reference
to a determination of the quantity of sacks of grain.
Subsec. (e). Pub. L. 95-113, 1604(d)(1), designated as par. (4)
provisions, formerly forming a part of par. (2), authorizing the
Administrator to provide that grain loaded at an interior point in the
United States into a rail car, barge, or other container as the final
carrier in which it is to be transported from the United States be
inspected in the manner provided in this subsection or subsec. (f) of
this section, as the Administrator determines best meets the objectives
of this chapter.
Subsec. (f)(2). Pub. L. 95-113, 1604(d)(2), substituted ''official
agency or State delegated authority pursuant to subsection (e)(2) of
this section for carrying out the inspection provisions of this
chapter'' for ''official agency for carrying out the provisions of this
chapter'', struck out '', but this paragraph shall not be applicable to
prevent any inspection agency from operating in any area in which it was
operative on August 15, 1968'' after ''section 74 of this title'', and
redesignated other existing provisions as pars. (3) and (4).
Subsec. (f)(3). Pub. L. 95-113, 1604(d)(2)(B), (C), redesignated a
portion of existing par. (2) as (3) and substituted ''Except as
authorized by the Administrator, no'' for ''No''.
Subsec. (f)(4). Pub. L. 95-113, 1604(d)(2)(D), redesignated a
portion of existing par. (2) as (4).
Subsec. (g)(1). Pub. L. 95-113, 1604(d)(3), substituted ''prescribed
in subsection (f)'' for ''prescribed in subsections (e) and (f)''.
Subsec. (i). Pub. L. 95-113, 1604(d)(4), inserted provision that all
or specified functions of the inspections be performed by official
inspection personnel employed by the Service or, except for appeals, by
persons operating under a contract with the Service.
Subsec. (j). Pub. L. 95-113, 1602(a), revised provisions relating to
fees so as to remove requirement that field supervision of inspection be
supported by fees.
1976 -- Subsec. (a). Pub. L. 94-582, 8(a)(1), substituted
''Administrator'' for ''Secretary''.
Subsec. (b). Pub. L. 94-582, 8(a)(1), (2), substituted
''Administrator'' for ''Secretary'' in two places and struck out from
first sentence ''or with respect to United States grain in Canadian
ports'' after ''within the United States''.
Subsec. (c). Pub. L. 94-582, 8(a)(1), (3), substituted
''Administrator'' for ''Secretary'' in two places; and substituted
''Service'' for ''Department of Agriculture'' and ''cancellation and
surrender'' for ''cancellation'' and required regulation provision for
use of standard forms for official certificates, respectively.
Subsec. (d). Pub. L. 94-582, 8(a)(4), substituted ''Official
certificates setting out the results of official inspection'' for
''Certificates''.
Subsec. (e). Pub. L. 94-582, 8(a)(5), added subsec. (e) and struck
out former subsec. (e) which authorized charging and collection of
reasonable fees to cover cost of official inspection and to cover costs
of Department of Agriculture incident to performance of appeal and
Canadian port inspection services for which fees are collected,
including supervisory and administrative costs, and for deposit of fees
and proceeds from sale of samples obtained for purposes of official
inspection which become property of the United States into a fund to be
available without fiscal year limitation for expenses of the Department
of Agriculture incident to providing official inspection services. Fee
provisions are now covered in subsec. (j)(2) of this section.
Subsec. (f). Pub. L. 94-582, 8(a)(5), added par. (1) and second and
third sentences of par. (2), and designated existing provisions as par.
(2), substituting ''one official agency for carrying out the provisions
of this chapter shall be operative at one time for any geographic area
as determined by the Administrator to effectuate the objectives stated
in section 74 of this title'' for ''one inspection agency for carrying
out the provisions of this section shall be operative at one time for
any one city, town, or other area''.
Subsecs. (g) to (j). Pub. L. 94-582, 8(a)(5), added subsecs. (g)
to (j).
1968 -- Pub. L. 90-487 substituted provisions covering the authority
and funding of official inspections for provisions covering the
licensing of inspectors and the utilization by the Secretary of
Agriculture of State inspectors.
Section 2 of Pub. L. 100-518 provided that the amendment made by
Pub. L. 100-518 is effective for period Oct. 1, 1988, through Sept.
30, 1993, inclusive.
Section 2 of Pub. L. 98-469 provided that the amendment made by Pub.
L. 98-469 is effective for period beginning Oct. 11, 1984, and ending
Sept. 30, 1988.
Section 1113(b) of Pub. L. 97-98 provided that: ''The provisions of
this section (amending this section) shall become effective one hundred
and eighty days after enactment of this Act (Dec. 22, 1981).''
Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, 1,
Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made by Pub.
L. 97-35 is effective for period beginning Oct. 1, 1981, and ending
Sept. 30, 1988.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
Studies and Submission of Reports by May 20, 1979, and
Nov. 20, 1979, Respectively
Section 8(b) of Pub. L. 94-582, as amended by Pub. L. 95-113, title
XVI, 1605(a), 1607(a), Sept. 29, 1977, 91 Stat. 1029, 1031, provided
that:
''(1) In order to provide information for use by the Congress in
evaluating the needs of the grain inspection and weighing system at
points in the United States other than at export port locations; the
Administrator of the Federal Grain Inspection Service, the Director of
the Office of Investigation of the United States Department of
Agriculture (or such other organization or agency within the Department
of Agriculture which may be delegated the authority, in lieu thereof, to
conduct investigations on behalf of the Department of Agriculture), and
the Comptroller General of the United States shall severally conduct
investigations into and study grain inspection and weighing in the
interior of the United States. The studies shall address, but are not
limited to, the tasks of (A) determining the reliability and
effectiveness of present official inspection and weighing procedures in
the interior of the United States, and (B) evaluating the operating
procedures and management practices of agencies providing grain
inspection and weighing services in the interior of the United States,
as they relate to the integrity and accuracy of the services.
''(2) The Director of the Office of Investigation specifically is
directed to study the extent of any irregularities or problem areas
under the present inspection and weighing systems and conflicts of
interest rules and develop factual summaries of evidence disclosed in
the Director's investigations into violations of the United States Grain
Standards Act (this chapter), the grain weighing provisions of the
United States Warehouse Act (section 241 et seq. of this title), and
related provisions of title 18 of the United States Code: Provided,
That the Director shall not submit such summary with respect to any
criminal investigation which is pending at the time the report is due.
''(3) The Administrator of the Federal Grain Inspection Service shall
make findings with respect to present grain inspection and weighing
agencies at each inland terminal marketing area of the United States at
which over fifty million bushels of grain are inspected in an average
year, such findings to include (A) results of interviews with shippers
who ship grain to and consignees who receive grain from such terminal
marketing areas, and (B) a thorough analysis of inspection and weighing
error rates of such agencies (which may include the application of
statistical tolerances for expected variations), based on existing
documentation and the sampling during the investigation of a
representative number of randomly selected lots of grain shipped to and
from such terminal marketing areas.
''(4) The Director of the Office of Investigation and the
Administrator of the Federal Grain Inspection Service shall complete
their investigations and study and shall submit their reports to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Comptroller General not later than thirty months after the effective
date of this Act (see Effective Date of 1976 Amendment note set out
under section 74 of this title).
''(5) The Comptroller General, in making his investigations and
study, shall (A) assess the present grain inspection and weighing system
in the interior of the United States, and (B) evaluate the reports
submitted under this subsection by the Director of the Office of
Investigation and the Administrator of the Federal Grain Inspection
Service. The Comptroller General shall submit a report setting forth
the findings of such study and evaluation and his recommendations for
changes in the United States Grain Standards Act (this chapter) to such
Committees not later than three years after the effective date of this
Act (see Effective Date of 1976 Amendment note set out under section 74
of this title).''
07 USC 79a. Weighing authority
TITLE 7 -- AGRICULTURE
(a) Official weighing in accordance with prescribed regulations
The Administrator shall cause official weighing under standards or
procedures provided for in section 76 of this title to be made of all
grain required to be officially weighed as provided in section 77 of
this title, in accordance with such regulations as the Administrator may
prescribe.
(b) Official weighing or supervision of weighing at grain elevators,
warehouses, or other storage or handling facilities located other than
at export elevators at export port locations
The Administrator is authorized to cause official weighing or
supervision of weighing under standards or procedures provided in
section 76 of this title to be performed at any grain elevator,
warehouse, or other storage or handling facility located other than at
export elevators at export port locations at which official inspection
is provided pursuant to the provisions of this chapter, in such manner
as the Administrator deems appropriate and under such regulations as the
Administrator may provide.
(c) Personnel performing official weighing or supervision of weighing
at locations at which official inspection is provided
(1) With respect to official weighing or supervision of weighing for
locations at which official inspection is provided by the Service, the
Administrator shall cause such official weighing or supervision of
weighing to be performed by official inspection personnel employed by
the Service.
(2) With respect to official weighing or supervision of weighing for
any location at which official inspection is provided other than by the
Service, the Administrator is authorized, with respect to export port
locations, to delegate authority to perform official weighing or
supervision of weighing to the State agency providing official
inspection service at such location, and with respect to any other
location, to designate the agency or person providing official
inspection service at such location to perform official weighing or
supervision of weighing, if such agency or person qualifies for a
delegation of authority or designation under section 79 of this title,
except that where the term ''official inspection'' is used in such
section it shall be deemed to refer to ''official weighing'' or
''supervision of weighing'' under this section. If such agency or
person is not available to perform such weighing services, or the
Administrator determines that such agency or person is not qualified to
perform such weighing services, then (A) at export port locations
official weighing or supervision of weighing shall be performed by
official inspection personnel employed by the Service, and (B) at any
other location, the Administrator is authorized to cause official
weighing or supervision of weighing to be performed by official
inspection personnel employed by the Service or designate any State or
local governmental agency, or any person to perform official weighing or
supervision of weighing, if such agency or person meets the same
criteria that agencies must meet to be designated to perform official
inspection as set out in section 79 of this title, except that where the
term ''official inspection'' is used in such section it shall be deemed
to refer to ''supervision of weighing'' under this section. Delegations
and designations made pursuant to this subsection shall be subject to
the same provisions for delegations and designations set forth in
subsection (g) of section 79 of this title.
(d) Official weighing in Canadian ports
The Administrator is authorized to cause official weighing under this
chapter to be made, as provided in subsection (a) of section 77 of this
title, in Canadian ports of United States export grain transshipped
through Canada; and pursuant thereto the Secretary is authorized to
enter into an agreement with the Canadian Government for such official
weighing. All or specified functions of such weighing shall be
performed by official inspection personnel employed by the Service or,
except for appeals, by persons operating under a contract with the
Service.
(e) Official weighing or supervision of weighing upon request of
operators of grain elevators, warehouses, or other storage or handling
facilities
The Administrator is further authorized to cause official weighing or
supervision of weighing under standards or procedures provided for in
section 76 of this title to be made at grain elevators, warehouses, or
other storage or handling facilities not subject to subsection (a) or
(b) of this section, upon request of the operator of such grain
elevator, warehouse, or other storage or handling facility and in
accordance with such regulations as he may prescribe.
(f) Demonstrated willingness of operators of grain elevators,
warehouses, or other storage or handling facilities to meet equipment
and personnel requirements
No official weighing or supervision of weighing shall be provided for
the purposes of this chapter at any grain elevator, warehouse, or other
storage or handling facility until such time as the operator of the
facility has demonstrated to the satisfaction of the Administrator that
the operator (1) has and will maintain, in good order, suitable
grain-handling equipment and accurate scales for all weighing of grain
at the facility, in accordance with the regulations of the
Administrator; (2) will permit only competent persons with a reputation
for honesty and integrity and who are approved by the Administrator to
operate the scales and to handle grain in connection with weighing of
the grain, in accordance with this chapter; (3) when weighing is to be
done by persons other than official inspection personnel, will require
such persons to operate the scales in accordance with the regulations of
the Administrator and to require that each lot of grain for delivery
from any railroad car, truck, barge, vessel, or other means of
conveyance at the facility is entirely removed from such means of
conveyance and delivered to the scales without avoidable waste or loss,
and each lot of grain weighed at the elevator for shipment from the
facility is entirely delivered to the means of conveyance for which
intended, and without avoidable waste or loss, in accordance with the
regulations of the Administrator; (4) will provide all assistance
needed by the Administrator for making any inspection or examination and
carrying out other functions at the facility pursuant to this chapter;
and (5) will comply with all other requirements of this chapter and the
regulations hereunder.
(g) Official certificates as evidence
Official certificates setting out the results of official weighing or
supervision of weighing, issued and not cancelled under this chapter,
shall be received by all officers and all courts of the United States as
prima facie evidence of the truth of the facts stated therein.
(h) Weighing prohibited when not in accordance with prescribed
procedures
No State or local governmental agency or person shall weigh or state
in any document the weight of grain determined at a location where
official weighing is required to be performed as provided for in this
section except in accordance with the procedures prescribed pursuant to
this section.
(i) Unauthorized weighing prohibited
No State or local governmental agency or person other than an
authorized employee of the Service shall perform official weighing or
supervision of weighing for the purposes of this chapter except in
accordance with the provisions of an unsuspended and unrevoked
delegation of authority or designation by the Administrator as provided
in this section. Not more than one official agency or State delegated
authority pursuant to subsection (c)(2) of this section for carrying out
the weighing provisions of this chapter shall be operative at one time
for any geographic area as determined by the Administrator to effectuate
the objectives stated in section 74 of this title.
(j) Authority under United States Warehouse Act not limited
The provisions of this section shall not limit any authority vested
in the Secretary under the United States Warehouse Act (39 Stat. 486, as
amended; 7 U.S.C. 241 et seq.).
(k) Access to elevators, warehouses, or their storage or handling
facilities
The representatives of the Administrator shall be afforded access to
any elevator, warehouse, or other storage or handling facility from
which grain is delivered for shipment in interstate or foreign commerce
or to which grain is delivered from shipment in interstate or foreign
commerce and all facilities therein for weighing grain.
(l) Fees; establishment, amount, payment, etc.
(1) The Administrator shall, under such regulations as the
Administrator may prescribe, charge and collect reasonable fees to cover
the estimated costs to the Service incident to the performance of the
functions provided for under this section except as otherwise provided
in paragraph (2) of this subsection. The fees authorized by this
paragraph shall, as nearly as practicable, cover the costs of the
Service incident to performance of its functions related to weighing,
including administrative and supervisory costs directly related thereto.
Such fees shall be deposited into the fund created in section 79(j) of
this title.
(2) Each agency to which authority has been delegated under this
section and each agency or other person which has been designated to
perform functions related to weighing under this section shall pay to
the Administrator fees in such amount as the Administrator determines
fair and reasonable and as will cover the costs incurred by the Service
relating to supervision of the agency personnel and supervision by
Service personnel of its field office personnel incurred as a result of
the functions performed by such agencies, except costs incurred under
sections 79(g)(3), 85, 86, and 87c of this title. The fees shall be
payable after the services are performed at such times as specified by
the Administrator and shall be deposited in the fund created in section
79(j) of this title. Failure to pay the fee within thirty days after it
is due shall result in automatic termination of the delegation or
designation, which shall be reinstated upon payment, within such period
as specified by the Administrator, of the fee currently due plus
interest and any further expenses incurred by the Service because of
such termination. The interest rate on overdue fees shall be as
prescribed by the Secretary, but not less than the current average
market yield on outstanding marketable obligations of the United States
of comparable maturity, plus an additional charge of not to exceed 1 per
centum per annum as determined by the Secretary, and adjusted to the
nearest one-eighth of 1 per centum.
(Aug. 11, 1916, ch. 313, pt. B, 7A, as added Oct. 21, 1976, Pub. L.
94-582, 9, 90 Stat. 2875; amended Sept. 29, 1977, Pub. L. 95-113,
title XVI, 1602(b), 1604(e), 1606(e), 91 Stat. 1025, 1027, 1030; Aug.
13, 1981, Pub. L. 97-35, title I, 155(2), 95 Stat. 371; Oct. 24,
1988, Pub. L. 100-518, 2(2), 102 Stat. 2585.)
For termination of amendment by section 2 of Pub. L. 100-518, see
Effective and Termination Dates of 1988 Amendment note below.
The United States Warehouse Act, referred to in subsec. (j), is part
C of act Aug. 11, 1916, ch. 313, 39 Stat. 486, as amended, which is
classified generally to chapter 10 ( 241 et seq.) of this title. For
complete classification of this Act to the Code, see section 241 of this
title and Tables.
1988 -- Subsec. (l). Pub. L. 100-518 temporarily amended subsec.
(l) generally, substituting ''cover the costs of the Service'' for
''cover the costs of the service'' in par. (1). See Effective and
Termination Dates of 1988 Amendment note below.
1981 -- Subsec. (l). Pub. L. 97-35 temporarily designated existing
provisions as par. (1), made changes in nomenclature, provided for
inclusion, rather than exclusion, of administrative and supervisory
costs, and struck out provisions respecting availability of deposited
funds, and added par. (2). See Effective and Termination Dates of 1981
Amendment note below.
1977 -- Subsec. (a). Pub. L. 95-113, 1606(e), substituted
''standards or procedures'' for ''standards''.
Subsec. (b). Pub. L. 95-113, 1604(e)(1), 1606(e), substituted ''The
Administrator is authorized to cause official weighing or supervision of
weighing under standards or procedures'' for ''The Administrator is
authorized to cause supervision of weighing under standards'' and
''other than at export elevators at export port locations'' for ''other
than at export port locations''.
Subsec. (c)(2). Pub. L. 95-113, 1604(e)(2), made technical
amendments to conform par. (2) to increased authority granted in
subsec. (b) to cause official weighing as well as supervision of
weighing at interior inspection points and corrected a typographical
error in which ''number'' had been erroneously used for ''under'' in
text as originally enacted by Pub. L. 94-582.
Subsec. (d). Pub. L. 95-113, 1604(e)(3), inserted requirement that
all or specified functions of Canadian weighing be performed by official
inspection personnel employed by the Service or, except for appeals, by
persons operating under a contract with the Service.
Subsec. (e). Pub. L. 95-113, 1604(e)(4), 1606(e), substituted
''under standards or procedures provided'' for ''under standards
provided'' and struck out provisions which had required that the
weighing service not be provided for periods of less than a year, that
the fees therefor be set separately from the fees provided for in
subsec. (l), and that they be reasonable, nondiscriminatory, and equal,
as nearly as possible, to the cost of providing the service.
Subsec. (f)(2). Pub. L. 95-113, 1604(e)(5)(A), substituted ''permit
only competent persons with a reputation for honesty and integrity and
who are approved by the Administrator'' for ''employ only competent
persons with a reputation for honesty and integrity''.
Subsec. (f)(3). Pub. L. 95-113, 1604(e)(5)(B), substituted ''when
weighing is to be done by persons other than official inspection
personnel, will require such persons to operate the scales'' for ''when
weighing is to be done by employees of the facility, will require
employees to operate the scales''.
Subsec. (g). Pub. L. 95-113, 1604(e)(6), substituted ''official
weighing or supervision of weighing'' for ''official weighing''.
Subsec. (i). Pub. L. 95-113, 1604(e)(7), (8), substituted ''No State
or local governmental agency'' for ''No State'' and inserted provision
that not more than one official agency or State delegated authority
pursuant to subsection (c)(2) of this section for carrying out the
weighing provisions of this chapter be operative at one time for any
geographic area as determined by the Administrator to effectuate the
objectives stated in section 74 of this title.
Subsec. (l). Pub. L. 95-113, 1602(b), revised provisions relating to
fees so as to remove requirement that field supervision of weighing be
supported by fees.
Section 2 of Pub. L. 100-518 provided that the amendment made by
Pub. L. 100-518 is effective for period Oct. 1, 1988, through Sept.
30, 1993, inclusive.
Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, 1,
Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made by Pub.
L. 97-35 is effective for period beginning Oct. 1, 1981, and ending
Sept. 30, 1988.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
07 USC 79b. Testing of equipment
TITLE 7 -- AGRICULTURE
(a) Random and periodic testing at least annually; fees
The Administrator shall provide for the testing of all equipment used
in the sampling, grading, inspection, and weighing for the purpose of
official inspection, official weighing, or supervision of weighing of
grain located at all grain elevators, warehouses, or other storage or
handling facilities at which official inspection or weighing services
are provided under this chapter, to be made on a random and periodic
basis, but at least annually and under such regulations as the
Administrator may prescribe, as he deems necessary to assure the
accuracy and integrity of such equipment. Such regulations shall
provide for the charging and collection of reasonable fees to cover the
estimated costs to the Service incident to the performance of such
testing by employees of the Service. Such fees shall be deposited into
the fund created by section 79(j) of this title.
(b) Personnel to conduct testing
The Administrator is authorized to cause such testing provided for in
subsection (a) of this section to be performed (1) by personnel employed
by the Service, or (2) by States, political subdivisions thereof, or
persons under the supervision of the Administrator, under such
regulations as the Administrator may prescribe.
(c) Use of non-approved equipment prohibited
Notwithstanding any other provision of law, no person shall use for
the purposes of this chapter any such equipment not approved by the
Administrator.
(Aug. 11, 1916, ch. 313, pt. B, 7B, as added Oct. 21, 1976, Pub. L.
94-582, 9, 90 Stat. 2877; amended Sept. 29, 1977, Pub. L. 95-113,
title XVI, 1604(f), 91 Stat. 1028.)
1977 -- Subsec. (a). Pub. L. 95-113, 1604(f)(1), (2), substituted
''and weighing for the purpose of official inspection, official
weighing, or supervision of weighing of grain located at all grain
elevators'' for ''and weighing of grain located at all grain elevators''
and inserted provisions that regulations provide for the charging and
collection of reasonable fees to cover the estimated costs to the
Service incident to the performance of testing by employees of the
Service and that the fees be deposited into the fund created by section
79(j) of this title.
Subsec. (c). Pub. L. 95-113, 1604(f)(3), substituted ''shall use for
the purposes of this chapter'' for ''shall use''.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
07 USC 79c. Omitted
TITLE 7 -- AGRICULTURE
Section, act Aug. 11, 1916, ch. 313, pt. B, 7C, as added Aug.
13, 1981, Pub. L. 97-35, title I, 155(3), 95 Stat. 372; amended Oct.
11, 1984, Pub. L. 98-469, 2(2), 98 Stat. 1831, which limited the
total administrative and supervisory costs which could be incurred under
this chapter for fiscal years 1982 through 1988, was effective for the
period Oct. 1, 1981, through Sept. 30, 1988, pursuant to section 155
of Pub. L. 97-35, as amended. See section 79d of this title.
07 USC 79d. Limitation on administrative and supervisory costs
TITLE 7 -- AGRICULTURE
The total administrative and supervisory costs which may be incurred
under this chapter for inspection and weighing (excluding
standardization, compliance, and foreign monitoring activities) for each
of the fiscal years 1989 through 1993 shall not exceed 40 per centum of
the total costs for such activities carried out by the Service for such
year.
(Aug. 11, 1916, ch. 313, pt. B, 7D, as added Oct. 24, 1988, Pub. L.
100-518, 2(3), 102 Stat. 2585.)
For termination of section by section 2 of Pub. L. 100-518, see
Effective and Termination Dates note below.
Section 2 of Pub. L. 100-518 provided that section is effective for
the period Oct. 1, 1988, through Sept. 30, 1993, inclusive.
07 USC 80 to 83. Omitted
TITLE 7 -- AGRICULTURE
Sections were omitted in the general reorganization of this chapter
by Pub. L. 90-487, 1, Aug. 15, 1968, 82 Stat. 761.
Section 80, act Aug. 11, 1916, ch. 313, pt. B, 7 (part), 39 Stat.
484, provided for revocation and suspension of licenses issued by the
Secretary of Agriculture. See section 85 of this title.
Section 81, act Aug. 11, 1916, ch. 313, pt. B, 7 (part), 39 Stat.
484, prohibited the existence of an interest, financial or otherwise,
direct or indirect, on the part of inspectors in grain elevators or
warehouses or in the merchandising of grain. See section 87 of this
title.
Section 82, act Aug. 11, 1916, ch. 313, pt. B, 7 (part), 39 Stat.
484, required maintenance of records and reports by inspectors. See
section 87a of this title.
Section 83, act Aug. 11, 1916, ch. 313, pt. B, 7 (part), 39 Stat.
484, called for a semiannual report by the Secretary of Agriculture on
the delivery of grain in the nation.
07 USC 84. Licensing of inspectors
TITLE 7 -- AGRICULTURE
(a) Authorization
The Administrator is authorized (1) to issue a license to any
individual upon presentation to him of satisfactory evidence that such
individual is competent, and is employed by an official agency or a
State agency delegated authority under section 79 or 79a of this title,
to perform all or specified functions involved in original inspection or
reinspection functions involved in official inspection, or in the
official weighing or the supervision of weighing, other than appeal
weighing, of grain in the United States; (2) to authorize any competent
employee of the Service to (A) perform all or specified original
inspection, reinspection, or appeal inspection functions involved in
official inspection of grain in the United States, or of United States
grain in Canadian ports, (B) perform official weighing or supervision of
weighing (including appeal weighing) of grain in the United States, or
of United States grain in Canadian ports, (C) supervise the official
inspection, official weighing, or supervision of weighing of grain in
the United States and of United States grain in Canadian ports or the
testing of equipment, and (D) perform monitoring activities in foreign
ports with respect to grain officially inspected and officially weighed
under this chapter; (3) to contract with any person or governmental
agency to perform specified sampling, laboratory testing, and similar
technical functions and to license competent persons to perform such
functions pursuant to such contract; and (4) to contract with any
competent person for the performance of monitoring activities in foreign
ports with respect to grain officially inspected and officially weighed
under this chapter. No person shall perform any official inspection or
weighing function for purposes of this chapter unless such person holds
an unsuspended and unrevoked license or authorization from the
Administrator under this chapter.
(b) Duration of licenses; suspension; reinstatement
All classes of licenses issued under this chapter shall terminate
triennially on a date or dates to be fixed by regulation of the
Administrator: Provided, That any license shall be suspended
automatically when the licensee ceases to be employed by an official
agency or by a State agency under a delegation of authority pursuant to
this chapter or to operate independently under the terms of a contract
for the conduct of any functions involved in official inspection under
this chapter: Provided further, That subject to subsection (c) of this
section such license shall be reinstated if the licensee is employed by
an official agency or by a State agency under a delegation of authority
pursuant to this chapter or resumes operation under such a contract
within one year of the suspension date and the license has not expired
in the interim.
(c) Examination of applicants; reexaminations
The Administrator may require such examinations and reexaminations as
he may deem warranted to determine the competence of any applicants for
licenses, licensees, or employees of the Service, to perform any
official inspection or weighing function under this chapter.
(d) Inspectors performing under contract not deemed Federal employees
Persons employed by an official agency (including persons employed by
a State agency under a delegation of authority pursuant to this chapter)
and persons performing official inspection functions under contract with
the Service shall not, unless otherwise employed by the Federal
Government, be determined to be employees of the Federal Government of
the United States: Provided, That such persons shall be considered in
the performance of any official inspection, official weighing, or
supervision of weighing function as prescribed by this chapter or by the
rules and regulations of the Administrator, as persons acting for or on
behalf of the United States, for the purpose of determining the
application of section 201 of title 18, to such persons and as employees
of the Department of Agriculture assigned to perform inspection
functions for the purposes of sections 1114 and 111 of title 18.
(e) Hiring of official inspection personnel and supervisory personnel
without regard to laws governing appointments to the competitive service
The Administrator may hire (without regard to the provisions of title
5 governing appointments in the competitive service) as official
inspection personnel any individual who is licensed (on October 21,
1976) to perform functions of official inspection under this chapter and
as personnel to perform supervisory weighing or official weighing
functions any individual who, on October 21, 1976, was performing
similar functions: Provided, That the Administrator determines that
such individual is of good moral character and is technically and
professionally qualified for the duties to which the individual will be
assigned. The Administrator may compensate such personnel at any rate
within the appropriate grade of the General Schedule as the
Administrator deems necessary without regard to section 5333 of title 5.
(f) Periodic rotation of personnel
The Administrator shall provide for the periodic rotation of
supervisory personnel and official inspection personnel employed by the
Service as he deems necessary to preserve the integrity of the official
inspection and weighing system provided by this chapter.
(g) Recruitment, training, and supervision of personnel; work
production standards; exemption for certain personnel
The Administrator shall develop and effectuate standards for the
recruiting, training, and supervising of official inspection personnel
and appropriate work production standards for such personnel, which
shall be applicable to the Service, all State agencies under delegation
of authority pursuant to this chapter, and all official agencies and all
persons licensed or authorized to perform functions under this chapter:
Provided, That persons licensed or authorized on October 21, 1976, to
perform any official function under this chapter, shall be exempted from
the uniform recruiting and training provisions of this subsection and
regulations or standards issued pursuant thereto if the Administrator
determines that such persons are technically and professionally
qualified for the duties to which they will be assigned and they agree
to complete whatever additional training the Administrator deems
necessary.
(Aug. 11, 1916, ch. 313, pt. B, 8, 39 Stat. 485; Aug. 15, 1968,
Pub. L. 90-487, 1, 82 Stat. 764; Oct. 21, 1976, Pub. L. 94-582, 10,
90 Stat. 2877; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1604(g),
1606(f), 91 Stat. 1028, 1030.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (e), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
The General Schedule, referred to in subsec. (e), is set out under
section 5332 of Title 5.
1977 -- Subsec. (a)(1). Pub. L. 95-113, 1604(g)(1)(A), substituted
''weighing, other than appeal weighing, of grain'' for ''weighing of
grain''.
Subsec. (a)(2)(B). Pub. L. 95-113, 1604(g)(1)(B), substituted
''weighing (including appeal weighing) of grain in the United States, or
of United States grain in Canadian ports'' for ''weighing of grain''.
Subsec. (a)(3). Pub. L. 95-113, 1604(g)(1)(C), substituted ''any
person or governmental agency specified sampling, laboratory testing,
and similar technical functions'' for ''any person to perform specified
sampling and laboratory testing''.
Subsec. (e). Pub. L. 95-113, 1604(g)(2), inserted provisions
authorizing the Administrator to compensate the personnel at any rate
within the appropriate grade of the General Schedule as the
Administrator deems necessary without regard to section 5333 of title 5.
Subsec. (f). Pub. L. 95-113, 1606(f), substituted ''official
inspection and weighing system'' for ''official inspection system''.
1976 -- Subsec. (a). Pub. L. 94-582 substituted ''Administrator''
for ''Secretary'' in two places; designated existing provisions as item
(1) and substituted ''official agency or a State agency delegated
authority under section 79 or 79a of this title, to perform all or
specified functions involved in original inspection or reinspection
functions involved in official inspection, or in the official weighing
or the supervision of weighing of grain in the United States'' for
''official inspection agency to perform all or specified functions
involved in official inspection''; substituted provisions designated as
item (2) for ''to authorize any competent employee of the Department of
Agriculture to perform all or specified functions involved in
supervisory or appeal inspection or initial inspection of United States
grain in Canadian ports''; inserted items (3) and (4); struck out
authorization to license any competent individual to perform specified
functions involved in official inspection under a contract with the
Department of Agriculture; and conditioned performance of any official
weighing function on the holding of a license or authorization.
Subsec. (b). Pub. L. 94-582 substituted ''Administrator'' for
''Secretary'', ''official agency'' for ''official inspection agency'' in
two places, and ''subsection (c)'' for ''paragraph (c)'', and inserted
provision respecting employment of licensee by a State agency under a
delegation of authority pursuant to this chapter in two places.
Subsec. (c). Pub. L. 94-582 substituted ''Administrator'' for
''Secretary'' and ''Service'' for ''Department of Agriculture'' and
included performance of weighing function.
Subsec. (d). Pub. L. 94-582 substituted ''official agency (including
persons employed by a State agency under a delegation of authority
pursuant to this chapter)'' for ''official inspection agency'' and
''contract with the Service'' for ''contracts with the Department of
Agriculture'' and inserted provision respecting status as persons acting
for or on behalf of the United States in application of sections 118,
201, and 1114 of Title 18.
Subsecs. (e) to (g). Pub. L. 94-582 added subsecs. (e) to (g).
1968 -- Pub. L. 90-487 substituted provisions for the licensing and
examination and reexamination of inspectors for provisions authorizing
the Secretary of Agriculture to promulgate rules and regulations.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
07 USC 85. Suspension, revocation, and refusal to renew licenses;
hearing; grounds; temporary suspension
TITLE 7 -- AGRICULTURE
The Administrator may refuse to renew, or may suspend or revoke, any
license issued under this chapter whenever, after the licensee has been
afforded an opportunity for a hearing, the Administrator shall determine
that such licensee is incompetent, or has inspected or weighed or
supervised the weighing of grain for purposes of this chapter, by any
standard or criteria other than as provided for in this chapter, or has
issued, or caused the issuance of, any false or incorrect official
certificate or other official form, or has knowingly or carelessly
inspected or weighed or supervised the weighing of grain improperly
under this chapter, or has accepted any money or other consideration,
directly or indirectly, for any neglect or improper performance of duty,
or has used his license or allowed it to be used for any improper
purpose, or has otherwise violated any provision of this chapter or of
the regulations prescribed or instructions issued to him by the
Administrator under this chapter. The Administrator may, without first
affording the licensee an opportunity for a hearing, suspend any license
temporarily pending final determination whenever the Administrator deems
such action to be in the best interests of the official inspection
system under this chapter. The Administrator may summarily revoke any
license whenever the licensee has been convicted of any offense
prohibited by section 87b of this title or convicted of any offense
proscribed by title 18, with respect to performance of functions under
this chapter.
(Aug. 11, 1916, ch. 313, pt. B, 9, 39 Stat. 485; Aug. 1, 1956, ch.
812, 70 Stat. 780; Aug. 15, 1968, Pub. L. 90-487, 1, 82 Stat. 765;
Oct. 21, 1976, Pub. L. 94-582, 11, 90 Stat. 2879.)
1976 -- Pub. L. 94-582 substituted ''Administrator'' for
''Secretary'' wherever appearing and ''inspected or weighed or
supervised the weighing of'' for ''inspected'' in two places and
authorized summary revocation of licenses based on conviction of
prescribed offenses.
1968 -- Pub. L. 90-487 substituted provisions authorizing the
suspension, revocation, and refusal of renewal of licenses by the
Secretary, for provisions setting out the penalties for violations of
this chapter.
1956 -- Act Aug. 1, 1956, provided penalties for persons who
knowingly sample grain improperly and for persons who knowingly or
willfully cause or attempt to cause the issuance of a false grade
certificate by deceptive loading, handling, or sampling of grain, or any
other means.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
07 USC 86. Refusal of inspection and weighing services; civil
penalties
TITLE 7 -- AGRICULTURE
(a) Grounds for refusal of services
The Administrator may (for such period, or indefinitely, as he deems
necessary to effectuate the purposes of this chapter) refuse to provide
official inspection or the services related to weighing otherwise
available under this chapter with respect to any grain offered for such
services, or owned, wholly or in part, by any person if he determines
(1) that the individual (or in case such person is a partnership, any
general partner; or in case such person is a corporation, any officer,
director, or holder or owner of more than 10 per centum of the voting
stock; or in case such person is an unincorporated association or other
business entity, any officer or director thereof; or in case of any
such business entity, any individual who is otherwise responsibly
connected with the business) has knowingly committed any violation of
section 87b of this title, or has been convicted of any violation of
other Federal law with respect to the handling, weighing, or official
inspection of grain, or that official inspection or the services related
to weighing have been refused for any of the above-specified causes (for
a period which has not expired) to such person, or any other person
conducting a business with which the former was, at the time such cause
existed, or is responsibly connected; and (2) that providing such
service with respect to such grain would be inimical to the integrity of
the service.
(b) Persons responsibly connected with a business
For purposes of subsection (a) of this section, a person shall be
deemed to be responsibly connected with a business if he was or is a
partner, officer, director, or holder or owner of 10 per centum or more
of its voting stock, or an employee in a managerial or executive
capacity.
(c) Civil penalties
In addition to, or in lieu of, penalties provided under section 87c
of this title, or in addition to, or in lieu of, refusal of official
inspection or services related to weighing in accordance with this
section, the Administrator may assess against any person who has
knowingly committed any violation of section 87b of this title or has
been convicted of any violation of other Federal law with respect to the
handling, weighing, or official inspection of grain a civil penalty not
to exceed $75,000 for each such violation as the Administrator
determines is appropriate to effectuate the objectives stated in section
74 of this title.
(d) Opportunity for hearing; temporary refusal without hearing
pending final determination
Before official inspection or services related to weighing is refused
to any person or a civil penalty is assessed against any person under
this section, such person shall be afforded opportunity for a hearing in
accordance with sections 554, 556, and 557 of title 5: Provided, That
the Administrator may, without first affording the person a hearing,
refuse official inspection or services related to weighing temporarily
pending final determination whenever the Administrator has reason to
believe there is cause for refusal of inspection or services related to
weighing and considered such action to be in the best interest of the
official inspection system under this chapter. The Administrator shall
afford such person an opportunity for a hearing within seven days after
temporarily refusing official inspection or services related to
weighing; and such hearing and ancillary procedures related thereto
shall be conducted in an expedited manner.
(e) Collection and disposition of civil penalties
Moneys received in payment of such civil penalties shall be deposited
in the general fund of the United States Treasury. Upon any failure to
pay the penalties assessed under this section, the Administrator may
request the Attorney General of the United States to institute a civil
action to collect the penalties in the appropriate court identified in
subsection (h) of section 87f of this title for the jurisdiction in
which the respondent is found or resides or transacts business, and such
court shall have jurisdiction to hear and decide any such action.
(Aug. 11, 1916, ch. 313, pt. B, 10, 39 Stat. 485; Aug. 15, 1968,
Pub. L. 90-487, 1, 82 Stat. 765; Oct. 21, 1976, Pub. L. 94-582, 12,
90 Stat. 2879.)
1976 -- Subsec. (a). Pub. L. 94-582 substituted ''Administrator''
for ''Secretary'', ''grain offered for such services'' for ''grain
offered for inspection'', ''has knowingly committed any violation of
section 87b of this title or has been convicted of any violation of
other Federal law with respect to the handling, weighing, or official
inspection of grain, or that official inspection or the services related
to weighing have been refused'' for ''has been convicted of any
violation of section 87b of this title, or that official inspection has
been refused'', and ''integrity of the service'' for ''integrity of the
official inspection service'', and authorized refusal of provision of
services relating to weighing.
Subsec. (c). Pub. L. 94-582 added subsec. (c). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 94-582 redesignated provisions of former subsec.
(c) as (d), inserted ''or services related to weighing'' before ''is
refused'', inserted ''or a civil penalty is assessed against any person
under this section'' after ''to any person'', provided for the hearing
under sections 554, 556, and 557 of title 5, and inserted provisions
relating to temporary refusal without hearing pending final
determination.
Subsec. (e). Pub. L. 94-582 added subsec. (e).
1968 -- Pub. L. 90-487 substituted provisions authorizing the
Secretary to refuse official inspection and affording an opportunity for
a hearing in such a case, for provisions setting the penalty for
interference with the execution of official duties.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
07 USC 87. Conflicts of interest
TITLE 7 -- AGRICULTURE
(a) Prohibition with respect to persons licensed or authorized by
Administrator to perform official functions
No person licensed or authorized by the Administrator to perform any
official function under this chapter, or employed by the Administrator
in otherwise carrying out any of the provisions of this chapter, shall,
during the term of such license, authorization, or employment, (a) be
financially interested (directly or otherwise) in any business entity
owning or operating any grain elevator or warehouse or engaged in the
merchandising of grain, or (b) be in the employment of, or accept
gratuities from, any such entity, or (c) be engaged in any other kind of
activity specified by regulation of the Administrator as involving a
conflict of interest: Provided, however, That the Administrator may
license qualified employees of any grain elevators or warehouses to
perform official sampling functions, under such conditions as the
Administrator may by regulation prescribe, and the Administrator may by
regulation provide such other exceptions to the restrictions of this
section as he determines are consistent with the purposes of this
chapter.
(b) Prohibition with respect to personnel of official or State
agencies and business or governmental entities related to such agencies;
substantial stockholder; use of official inspection service;
authority delegation; report to Congressional committees
(1) No official agency or a State agency delegated authority under
this chapter, or any member, director, officer, or employee thereof, and
no business or governmental entity related to any such agency, shall be
employed in or otherwise engaged in, or directly or indirectly have any
stock or other financial interest in, any business involving the
commercial transportation, storage, merchandising, or other commercial
handling of grain, or the use of official inspection service (except
that in the case of a producer such use shall not be prohibited for
grain in which he does not have an interest); and no business or
governmental entity conducting any such business, or any member,
director, officer, or employee thereof, and no other business or
governmental entity related to any such entity, shall operate or be
employed by or directly or indirectly have any stock or other financial
interest in, any official agency or a State agency delegated inspection
authority. Further, no substantial stockholder in any incorporated
official agency shall be employed in or otherwise engaged in, or be a
substantial stockholder in any corporation conducting any such business,
or directly or indirectly have any other kind of financial interest in
any such business; and no substantial stockholder in any corporation
conducting such a business shall operate or be employed by or be a
substantial stockholder in, or directly or indirectly have any other
kind of financial interest in, any official agency.
(2) A substantial stockholder of a corporation shall be any person
holding 2 per centum or more, or one hundred shares or more, of the
voting stock of the corporation, whichever is the lesser interest. Any
entity shall be considered to be related to another entity if it owns or
controls, or is owned or controlled by, such other entity, or both
entities are owned or controlled by another entity.
(3) Each State agency delegated official weighing authority under
section 79a of this title and each State or local agency or other person
designated by the Administrator under such section to perform official
weighing or supervision of weighing shall be subject to the provisions
of subsection (b) of this section. The term ''use of official
inspection service'' shall be deemed to refer to the use of the services
provided under such a delegation or designation.
(4) If a State or local governmental agency is delegated authority to
perform official inspection or official weighing or supervision of
weighing, or a State or local governmental agency is designated as an
official agency, the Administrator shall specify the officials and other
personnel thereof to which the conflict of interest provisions of this
subsection (b) apply.
(5) Notwithstanding the foregoing provisions of this subsection, the
Administrator may delegate authority to a State agency or designate a
governmental agency, board of trade, chamber of commerce, or grain
exchange to perform official inspection or perform official weighing or
supervision of weighing except that for purposes of supervision of
weighing only, he may also designate any other person, if he determines
that any conflict of interest which may exist between the agency or
person or any member, director, officer, employee, or stockholder
thereof and any business involving the transportation, storage,
merchandising, or other handling of grain or use of official inspection
or weighing service is not such as to jeopardize the integrity or the
effective and objective operation of the functions performed by such
agency. Whenever the Administrator makes such a determination and makes
a delegation or designation to an agency that has a conflict of interest
otherwise prohibited by this subsection, the Administrator shall, within
thirty days after making such a determination, submit a report to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate,
detailing the factual bases for such determination.
(c) Official agencies or State agencies not prevented from engaging
in business of weighing grain
The provisions of this section shall not prevent an official agency
or State agency delegated authority under this chapter from engaging in
the business of weighing grain.
(Aug. 11, 1916, ch. 313, pt. B, 11, 39 Stat. 485; Aug. 15, 1968,
Pub. L. 90-487, 1, 82 Stat. 766; Oct. 21, 1976, Pub. L. 94-582, 13,
90 Stat. 2880; S. Res. 4, Feb. 4, 1977; Sept. 29, 1977, Pub. L.
95-113, title XVI, 1604(h), 1606(g), 91 Stat. 1028, 1030.)
1977 -- Subsec. (b)(3). Pub. L. 95-113, 1604(h)(1), substituted
''to perform official weighing or supervision of weighing'' for ''to
perform supervision of weighing''.
Subsec. (b)(4). Pub. L. 95-113, 1606(g), substituted ''official
weighing or supervision of weighing'' for ''official weighing''.
Subsec. (b)(5). Pub. L. 95-113, 1604(h)(2), substituted ''to perform
official inspection or perform official weighing or supervision of
weighing except that'' for ''to perform official inspection or perform
supervision of weighing except that'' and ''member, director, officer''
for ''member, officer''.
Subsec. (c). Pub. L. 95-113, 1604(h)(3), inserted ''or State agency
delegated authority under this chapter'' after ''official agency''.
1976 -- Subsec. (a). Pub. L. 94-582, 13(a)-(c), substituted
''Administrator'' for ''Secretary'' wherever appearing and ''perform any
official function'' for ''perform any official inspection function'',
and designated first paragraph provisions, as amended, as subsec. (a),
respectively.
Subsecs. (b), (c). Pub. L. 94-582, 13(c), added subsecs. (b) and
(c).
1968 -- Pub. L. 90-487 substituted provisions prohibiting a conflict
of interest on the part of inspectors who are interested financially in
a grain elevator or in grain merchandising, for provisions covering the
separability of provisions of this chapter.
Committee on Agriculture and Forestry of Senate abolished and
replaced by Committee on Agriculture, Nutrition, and Forestry of Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution 4 (popularly cited as the ''Committee
System Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
07 USC 87a. Records
TITLE 7 -- AGRICULTURE
(a) Samples of grain
Every official agency, every State agency delegated authority under
this chapter, and every person licensed to perform any official
inspection or official weighing or supervision of weighing function
under this chapter shall maintain such samples of officially inspected
grain and such other records as the Administrator may by regulation
prescribe for the purpose of administration and enforcement of this
chapter.
(b) Period of maintenance
Every official agency, every State agency delegated authority under
this chapter, and every person licensed to perform any official
inspection or official weighing or supervision of weighing function
under this chapter required to maintain records under this section shall
keep such records for a period of five years after the inspection,
weighing, or transaction, which is the subject of the record, occurred:
Provided, That grain samples shall be required to be maintained only for
such period not in excess of ninety days as the Administrator, after
consultation with the grain trade and taking into account the needs and
circumstances of local markets, shall prescribe; and in specific cases
other records may be required by the Administrator to be maintained for
not more than three years in addition to the five-year period whenever
in his judgment the retention of such records for the longer period is
necessary for the effective administration and enforcement of this
chapter.
(c) Access to records; audits
Every official agency, every State agency delegated authority under
this chapter, and every person licensed to perform any official
inspection or official weighing or supervision of weighing function
under this chapter required to maintain records under this section shall
permit any authorized representative of the Secretary or Administrator
or the Comptroller General of the United States to have access to, and
to copy, such records at all reasonable times. The Administrator shall,
from time to time, perform audits of official agencies and State
agencies delegated authority of this chapter in such manner and at such
periodic intervals as he deems appropriate.
(d) Maintenance of records by persons or entities receiving official
inspection or weighing services; access to records and facilities
Every State, political subdivision thereof, or person who is the
owner or operator of a commercial grain elevator, warehouse, or other
storage or handling facility or is engaged in the merchandising of grain
other than as a producer, and who, at any time, has obtained or obtains
official inspection or weighing services shall maintain such complete
and accurate records for such period of time as the Administrator may,
by regulation, prescribe for the purpose of the administration and
enforcement of this chapter, and permit any authorized representative of
the Secretary or the Administrator, at all reasonable times, to have
access to, and to copy, such records and to have access to any grain
elevator, warehouse, or other storage or handling facility used by such
persons for handling of grain.
(Aug. 11, 1916, ch. 313, pt. B, 12, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 766; amended Oct. 21, 1976, Pub. L. 94-582, 14,
90 Stat. 2882; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1601,
1604(i), 91 Stat. 1024, 1029.)
A prior section 12 of act Aug. 11, 1916, ch. 313, pt. B, 39 Stat.
485, which appropriated a sum of $250,000 for expenses of carrying into
effect this chapter, was not classified to the Code.
1977 -- Subsecs. (a), (b). Pub. L. 95-113, 1604(i)(1), inserted
'', every State agency delegated authority under this chapter,'' after
''official agency''.
Subsec. (c). Pub. L. 95-113, 1604(i)(1), (2), inserted '', every
State delegated authority under this chapter,'' after ''official
agency'' and corrected a typographical error in Pub. L. 94-582 under
which ''delegate authority of this chapter'' had been erroneously used
instead of ''delegated authority under this chapter''.
Subsec. (d). Pub. L. 95-113, 1601, substituted ''shall maintain such
complete and accurate records for such period of time as the
Administrator may, by regulation, prescribe for the purpose of the
administration and enforcement of this chapter'' for ''shall, within the
five-year period thereafter, maintain complete and accurate records of
purchases, sales, transportation, storage, weighing, handling, treating,
cleaning, drying, blending, and other processing, and official
inspection and official weighing of grain,''.
1976 -- Subsec. (a). Pub. L. 94-582 substituted ''official agency''
for ''official inspection agency'' and ''Administrator'' for
''Secretary'' and inserted reference to licensed performance of official
weighing or supervision of weighing function.
Subsec. (b). Pub. L. 94-582 substituted ''Every official agency and
every person licensed to perform any official inspection or official
weighing or supervision of weighing function under this chapter'' for
''Every official inspection agency'' and ''Administrator'' for
''Secretary'' in two places, increased from two to five years the period
of time for keeping the records, and inserted provision for keeping the
records after the weighing.
Subsec. (c). Pub. L. 94-582 substituted ''Every official agency and
every person licensed to perform any official inspection or official
weighing or supervision of weighing function under this chapter'' for
''Every official inspection agency'', provided for access to and the
copying of records by any authorized representative of the Administrator
or the Comptroller General, and required Administrator audits of
official agencies and State agencies delegate authority.
Subsec. (d). Pub. L. 94-582 added subsec. (d).
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
07 USC 87b. Prohibited acts
TITLE 7 -- AGRICULTURE
(a) No person shall --
(1) knowingly falsely make, issue, alter, forge, or counterfeit any
official certificate or other official form or official mark;
(2) knowingly utter, publish, or use as true any falsely made,
issued, altered, forged, or counterfeited official certificate or other
official form or official mark, or knowingly possess, without promptly
notifying the Administrator or his representative, or fail to surrender
to such a representative upon demand, any falsely made, issued, altered,
forged, or counterfeited official certificate or other official form, or
any device for making any official mark or simulation thereof, or
knowingly possess any grain in a container bearing any falsely made,
issued, altered, forged, or counterfeited official mark without promptly
giving such notice;
(3) knowingly cause or attempt (whether successfully or not) to cause
the issuance of a false or incorrect official certificate or other
official form by any means, including but not limited to deceptive
loading, handling, weighing, or sampling of grain, or submitting grain
for official inspection or official weighing or supervision of weighing
knowing that it has been deceptively loaded, handled, weighed, or
sampled, without disclosing such knowledge to the official inspection
personnel before official sampling or official weighing or supervision
of weighing;
(4) alter any official sample of grain in any manner or, knowing that
an official sample has been altered, thereafter represent it as an
official sample;
(5) knowingly use any official grade designation or official mark on
any container of grain by means of a tag, label, or otherwise, unless
the grain in such container was officially inspected on the basis of an
official sample taken while the grain was being loaded into or was in
such container or officially weighed, respectively, and the grain was
found to qualify for such designation or mark;
(6) knowingly make any false representation that any grain has been
officially inspected, or officially inspected and found to be of a
particular kind, class, quality, or condition, or that particular facts
have been established with respect to grain by official inspection under
this chapter, or that any weighing service under this chapter has been
performed with respect to grain;
(7) improperly influence, or attempt to improperly influence, any
official inspection personnel or personnel of agencies delegated
authority or of agencies or other persons designated under this chapter
or any officer or employee of the Department of Agriculture with respect
to the performance of his duties under this chapter;
(8) forcibly assault, resist, oppose, impede, intimidate, or
interfere with any official inspection personnel or personnel of
agencies delegated authority or of agencies or other persons designated
under this chapter or any officer or employee of the Department of
Agriculture in, or on account of, the performance of his duties under
this chapter;
(9) falsely represent that he is licensed or authorized to perform an
official inspection or official weighing or supervision of weighing
function under this chapter;
(10) use any false or misleading means in connection with the making
or filing of an application for official inspection or official weighing
or supervision of weighing;
(11) violate any provision of section 77; 78; 79(f)(2), (3), or
(4); 79a; 79b(c); 84; 87; 87a; or 87f-1 of this title;
(12) knowingly engage in falsely stating or falsifying the weight of
any grain shipped in interstate or foreign commerce by any means,
including, but not limited to, the use of inaccurate, faulty, or
defective weighing equipment; or
(13) knowingly prevent or impede any buyer or seller of grain or
other person having a financial interest in grain, or the authorized
agent of any such person, from observing the loading of the grain
inspected under this chapter and the weighing, sampling, and inspection
of such grain under conditions prescribed by the Administrator.
(b) No person licensed or authorized to perform any function under
this chapter shall --
(1) commit any offense prohibited by subsection (a) of this section;
(2) knowingly perform improperly any official sampling or other
official inspection or weighing function under this chapter;
(3) knowingly execute or issue any false or incorrect official
certificate or other official form; or
(4) accept money or other consideration, directly or indirectly, for
any neglect or improper performance of duty.
(c) An offense shall be deemed to have been committed knowingly under
this chapter if it resulted from gross negligence or was committed with
knowledge of the pertinent facts.
(d)(1) Subject to paragraphs (2) and (3), to ensure the quality of
grain marketed in or exported from the United States --
(A) no dockage or foreign material, as defined by the Secretary, once
removed from grain shall be recombined with any grain; and
(B) no dockage or foreign material of any origin may be added to any
grain.
(2) Nothing in paragraph (1) shall be construed to prohibit --
(A) the treatment of grain to suppress, destroy, or prevent insects
and fungi injurious to stored grain;
(B) the marketing, domestically or for export, of dockage or foreign
material removed from grain if such dockage or foreign material is
marketed --
(i) separately and uncombined with any such whole grain;
(ii) in pelletized form; or
(iii) as a part of a processed ration for livestock, poultry, or
fish;
(C) the blending of grain with similar grain of a different quality
to adjust the quality of the resulting mixture;
(D) the recombination of broken corn or broken kernels, as defined by
the Administrator, with grain of the type from which the broken corn or
broken kernels were derived;
(E) effective for the period ending December 31, 1987, the
recombination of dockage or foreign material, except dust, removed at an
export loading facility from grain destined for shipment as a cargo
under one export official certificate of inspection if --
(i) the recombination occurs during the loading of the cargo;
(ii) the purpose is to ensure uniformity of dockage or foreign
material throughout that specific cargo; and
(iii) the separation and recombination are conducted in accordance
with regulations issued by the Administrator; or
(F) the addition to grain of a dust suppressant, or the addition of
confetti or any other similar material that serves the same purpose in a
quantity necessary to facilitate identification of ownership or origin
of a particular lot of grain.
(3)(A) The Secretary may, by regulation, exempt from paragraph (1)
the last handling of grain in the final sale and shipment of such grain
to a domestic user or processor if such exemption is determined by the
Secretary to be in the best economic interest of producers, grain
merchants, the industry involved, and the public.
(B) Grain sold under an exemption authorized by this paragraph shall
be consumed or processed into one or more products by the purchaser, but
may not be resold into commercial channels for such grain or blended
with other grain for resale. Neither products nor byproducts derived
therefrom (except vegetable oils as defined by the Secretary and used as
a dust suppressant) shall be blended with or added to grain in
commercial channels.
(e)(1) The Administrator may prohibit the contamination of sound and
pure grain as a result of the introduction of --
(A) nongrain substances;
(B) grain unfit for ordinary commercial purposes; or
(C) grain that exceeds action limits established by the Food and Drug
Administration or grain having residues that exceed the tolerance levels
established by the Environmental Protection Agency.
(2) No prohibition imposed under this section shall be construed to
restrict the marketing of any grain so long as the grade or condition of
the grain is properly identified.
(3) Prior to taking action under this subsection, the Administrator
shall promulgate regulations after providing for notice and an
opportunity for public comment, that identify and define actions and
conditions that are subject to prohibition.
(4) In no case shall the Administrator prohibit the blending of an
entire grade of grain.
(5) In implementing paragraph (1)(C), the Administrator shall report
any prohibitions to other appropriate public health agencies.
(Aug. 11, 1916, ch. 313, pt. B, 13, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 766; amended Oct. 21, 1976, Pub. L. 94-582, 15,
90 Stat. 2883; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1604(j),
1606(h), 91 Stat. 1029, 1030; Nov. 10, 1986, Pub. L. 99-641, title
III, 303(a), 100 Stat. 3564; Nov. 28, 1990, Pub. L. 101-624, title
XX, 2008, 104 Stat. 3931.)
1990 -- Subsec. (e). Pub. L. 101-624 added subsec. (e).
1986 -- Subsec. (d). Pub. L. 99-641 added subsec. (d).
1977 -- Subsec. (a)(6). Pub. L. 95-113, 1604(j)(1), 1606(h),
substituted ''or condition'' for ''condition, or quantity'' and inserted
'', or that any weighing service under this chapter has been performed
with respect to grain'' after ''official inspection under this
chapter''.
Subsec. (a)(11). Pub. L. 95-113, 1604(j)(2), inserted references to
sections 79(f)(3) and (4) and 87f-1 of this title.
Subsec. (a)(12). Pub. L. 95-113, 1604(j)(3), substituted ''weighing
equipment'' for ''testing equipment''.
Subsec. (a)(13). Pub. L. 95-113, 1604(j)(4), substituted ''financial
interest in grain'' for ''financial interest in the grain'' and
''loading of the grain'' for ''loading of grain''.
1976 -- Subsec. (a)(1). Pub. L. 94-582, 15(a)(1), substituted
''official mark'' for ''official inspection mark''.
Subsec. (a)(2). Pub. L. 94-582, 15(a)(2), substituted ''official
mark'' for ''official inspection mark'' in three places, ''official
certificate'' for ''official inspection certificate'' and
''Administrator'' for ''Secretary''.
Subsec. (a)(3). Pub. L. 94-582, 15(a)(2), prohibited deceptive
weighing of grain or submitting grain for official weighing or
supervision of weighing knowing it has been deceptively weighed without
disclosure before official weighing or supervision of weighing.
Subsec. (a)(5). Pub. L. 94-582, 15(a)(3), substituted ''official
mark'' for ''official inspection mark'' and inserted ''or officially
weighed, respectively,'' after ''such container''.
Subsecs. (a)(7), (8). Pub. L. 94-582, 15(a)(4), inserted ''or
personnel of agencies delegated authority or of agencies or other
persons designated under this chapter'' after ''personnel''.
Subsec. (a)(9). Pub. L. 94-582, 15(a)(5), inserted ''or official
weighing or supervision of weighing'' after ''official inspection''.
Subsec. (a)(10). Pub. L. 94-582, 15(a)(5), (6), inserted ''or
official weighing or supervision of weighing'' after ''official
inspection'' and struck out ''or'' at end.
Subsec. (a)(11). Pub. L. 94-582, 15(a)(5), inserted after ''sections
77, 78,'' references to ''79(f)(2), 79a, 79b(c)''.
Subsecs. (a)(12), (13). Pub. L. 94-582, 15(a)(6), added pars. (12)
and (13).
Subsec. (b)(2). Pub. L. 94-582, 15(b), substituted ''inspection or
weighing function'' for ''inspection function''.
Section 303(b) of Pub. L. 99-641 provided that: ''The amendments
made by this section (amending this section) shall become effective on
May 1, 1987.''
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
Administrator of Federal Grain Inspection Service to estimate
economic impact, including benefits and costs and distribution of such
benefits and costs, of any major changes necessary to carry out
amendments to this section by title XX of Pub. L. 101-624 prior to
making such changes, see section 2003 of Pub. L. 101-624, set out as a
note under section 76 of this title.
Punishment for violating the provisions of this section, see section
87c of this title.
07 USC 87c. Criminal penalties
TITLE 7 -- AGRICULTURE
(a) Any person who commits any offense prohibited by section 87b of
this title (except an offense prohibited by paragraphs (a)(7), (a)(8),
and (b)(4) in which case he shall be subject to the general penal
statutes in title 18 relating to crimes and offenses against the United
States) shall be guilty of a misdemeanor and shall, on conviction
thereof, be subject to imprisonment for not more than twelve months, or
a fine of not more than $10,000, or both such imprisonment and fine;
but, for each subsequent offense subject to this subsection, such person
shall be guilty of a felony and shall, on conviction thereof, be subject
to imprisonment for not more than five years, or a fine of not more than
$20,000, or both such imprisonment and fine.
(b) Nothing in this chapter shall be construed as requiring the
Administrator to report minor violations of this chapter for criminal
prosecution whenever he believes that the public interest will be
adequately served by a suitable written notice or warning, or to report
any violation of this chapter for prosecution when he believes that
institution of a proceeding under section 86 of this title will obtain
compliance with this chapter and he institutes such a proceeding.
(c) Any officer or employee of the Department of Agriculture assigned
to perform weighing functions under this chapter shall be considered as
an employee of the Department of Agriculture assigned to perform
inspection functions for the purposes of sections 1114 and 111 of Title
18.
(Aug. 11, 1916, ch. 313, pt. B, 14, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 767; and amended Oct. 21, 1976, Pub. L. 94-582,
17, 90 Stat. 2884.)
1976 -- Subsec. (a). Pub. L. 94-582 inserted ''(except an offense
prohibited by paragraphs (a)(7), (a)(8), and (b)(4) in which case he
shall be subject to the general penal statutes in Title 18 relating to
crimes and offenses against the United States)'', increased the
punishment for misdemeanors from six months to twelve months and the
fine from $3,000 to $10,000, and denominated subsequent offenses as
felonies, substituting ''but, for each subsequent offense subject to
this subsection, such person shall be guilty of a felony and shall, on
conviction thereof, be subject to imprisonment for not more than five
years, or a fine of not more than $20,000, or both such imprisonment and
fine'' for ''but if such offense is committed after one conviction of
such person under this section has become final, such person shall be
subject to imprisonment for not more than one year, or a fine of not
more than $5,000, or both such imprisonment and fine''.
Subsec. (b). Pub. L. 94-582 substituted ''Administrator'' for
''Secretary'' and inserted provision that nothing in this chapter shall
be construed as requiring the Administrator to report any violation of
this chapter for prosecution when he believes that institution of a
proceeding under section 86 of this title will obtain compliance with
this chapter and he institutes such a proceeding.
Subsec. (c). Pub. L. 94-582 added subsec. (c).
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
07 USC 87d. Responsibility for acts of others
TITLE 7 -- AGRICULTURE
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.
(Aug. 11, 1916, ch. 313, pt. B, 15, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 768.)
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
07 USC 87e. General authorities
TITLE 7 -- AGRICULTURE
(a) Authority of Administrator
The Administrator is authorized to conduct such investigations; hold
such hearings; require such reports from any official agency, any State
agency delegated authority under this chapter, licensee, or other
person; and prescribe such rules, regulations, and instructions, as the
Administrator deems necessary to effectuate the purposes or provisions
of this chapter. Such regulations may require, as a condition for
official inspection or official weighing or supervision of weighing,
among other things, (1) that there be installed specified sampling,
handling, weighing, and monitoring equipment in grain elevators,
warehouses, and other grain storage or handling facilities, (2) that
approval of the Administrator be obtained as to the condition of vessels
and other carriers or receptacles for the transporting or storing of
grain, and (3) that persons having a financial interest in the grain
which is to be inspected (or their agents) shall be afforded an
opportunity to observe the weighing, loading, and official inspection
thereof, under conditions prescribed by the Administrator. Whether any
certificate, other form, representation, designation, or other
description is false, incorrect, or misleading within the meaning of
this chapter shall be determined by tests made in accordance with such
procedures as the Administrator may adopt to effectuate the objectives
of this chapter, if the relevant facts are determinable by such tests.
Proceedings under section 85 of this title for refusal to renew, or for
suspension or revocation of, a license shall not, unless requested by
the respondent, be subject to the administrative procedure provisions in
sections 554, 556, and 557 of title 5.
(b) Investigation of reports or complaints of discrepancies and
abuses in official inspection or weighing of grain
The Administrator is authorized to investigate reports or complaints
of discrepancies and abuses in the official inspection and weighing of
grain under this chapter. The Administrator shall prescribe by
regulation procedures for (1) promptly investigating (A) complaints of
foreign grain purchasers regarding the official inspection or official
weighing of grain shipped from the United States, (B) the cancellation
of contracts for the export sale of grain required to be inspected or
weighed under this chapter, and (C) any complaint regarding the
operation or administration of this chapter or any official transaction
with which this chapter is concerned; and (2) taking appropriate action
on the basis of the findings of any investigation of such complaints.
The Administrator shall report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate at the end of every three-month period with
respect to investigative action taken on complaints, during the
immediately preceding three-month period.
(c) Monitoring of United States grain upon its entry into foreign
nations
The Administrator is authorized to cause official inspection
personnel to monitor in foreign nations which are substantial importers
of grain from the United States, grain imported from the United States
upon its entry into the foreign nation, to determine whether such grain
is of a comparable kind, class, quality, and condition after considering
the handling methods and conveyance utilized at the time of loading, and
the same quantity that it was certified to be upon official inspection
and official weighing in the United States.
(d) Authority of Office of Investigation of Department of Agriculture
The Office of Investigation of the Department of Agriculture (or such
other organization or agency within the Department of Agriculture which
may be delegated the authority, in lieu thereof, to conduct
investigations on behalf of the Department of Agriculture) shall conduct
such investigations regarding the operation or administration of this
chapter or any official transaction with which this chapter is
concerned, as the Director thereof deems necessary to assure the
integrity of official inspection and weighing under this chapter.
(e) Research program to develop methods of improving accuracy and
uniformity in grading grain
The Administrator is authorized to conduct, in cooperation with other
agencies within the Department of Agriculture, a continuing research
program for the purpose of developing methods to improve accuracy and
uniformity in grading grain.
(f) Adequate personnel to meet inspection and weighing requirements
To assure the normal movement of grain at all inspection points in a
timely manner consistent with the policy expressed in section 74 of this
title, the Administrator shall, notwithstanding any other provision of
law, provide adequate personnel to meet the inspection and weighing
requirements of this chapter.
(Aug. 11, 1916, ch. 313, pt. B, 16, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 768; amended Oct. 21, 1976, Pub. L. 94-582, 18,
90 Stat. 2884; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1604(k),
1606(i), 91 Stat. 1029, 1030; Dec. 13, 1991, Pub. L. 102-237, title X,
1007(2), 105 Stat. 1897.)
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''Administrator''
for ''Administrtor'' at end of second sentence.
1977 -- Subsec. (a). Pub. L. 95-113, 1604(k)(1), rearranged
existing provisions and inserted references to the installation of
handling and weighing equipment and to warehouses and other grain
storage or handling facilities.
Subsec. (b). Pub. L. 95-113, 1606(i), substituted ''Committee on
Agriculture, Nutrition, and Forestry'' for ''Committee on Agriculture
and Forestry''.
Subsec. (f). Pub. L. 95-113, 1604(k)(2), struck out ''additional''
before ''inspection and weighing requirements''.
1976 -- Subsec. (a). Pub. L. 94-582 substituted authorizations of
''Administrator'' for authorizations of ''Secretary'', ''official
agency'' for ''official inspection agency'', and ''other person'' for
''any person'' respecting reporting requirement, required reports from
State agencies delegated authority under this chapter and from
licensees, inserted items (1) to (3) relating to conditions for official
inspection, authorized issuance of instructions, and struck out
reference to section 86 of this title, including proceedings for refusal
of official inspection service not required by section 77 of this title,
as not being subject to administrative procedure provisions.
Subsecs. (b) to (f). Pub. L. 94-582 added subsecs. (b) to (f).
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
Powers, duties, and authorizations of the Administrator of the
Federal Grain Inspection Service to be exercised by the Secretary of
Agriculture pending the appointment of the Administrator, see section 25
of Pub. L. 94-582, set out as a note under section 75a of this title.
07 USC 87e-1. Purchase or lease of inspection equipment
TITLE 7 -- AGRICULTURE
Notwithstanding the provisions of section 5 of title 41 and section
490 of title 40, the Administrator of the Federal Grain Inspection
Service is authorized to negotiate for and purchase or lease, from any
person licensed or designated (on October 21, 1976) to perform official
inspection functions under this chapter, at fair market value, any
facilities or equipment which the Administrator determines to be
necessary for the conduct of official inspection.
(Pub. L. 94-582, 23, Oct. 21, 1976, 90 Stat. 2888.)
Section was not enacted as part of the United States Grain Standards
Act which comprises this chapter.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
07 USC 87f. Enforcement provisions
TITLE 7 -- AGRICULTURE
(a) Subpena power
For the purposes of this chapter, the Administrator shall at all
reasonable times have access to, for the purpose of examination, and the
right to copy any documentary evidence of any person with respect to
whom such authority is exercised; and the Administrator shall have
power to require by subpena the attendance and testimony of witnesses
and the production of all such documentary evidence relating to any
matter under investigation by the Administrator, and may administer
oaths and affirmations, examine witnesses, and receive evidence.
(b) Disobedience of subpena
Such attendance of witnesses, and the production of such documentary
evidence, may be required from any place in the United States, at any
designated place of hearing. In case of disobedience to a subpena the
Administrator may invoke the aid of any court designated in subsection
(h) of this section in requiring the attendance and testimony of
witnesses and the production of documentary evidence.
(c) Court order requiring attendance and testimony of witnesses
Any such court within the jurisdiction of which such inquiry is
carried on may, in case of contumacy or refusal to obey a subpena issued
to any person, issue an order requiring such person to appear before the
Administrator or to produce documentary evidence if so ordered, or to
give evidence touching the matter in question; and any failure to obey
such order of the court may be punished by such court as a contempt
thereof.
(d) Fees and mileage costs of witnesses
Witnesses summoned before the Administrator shall be paid the same
fees and mileage that are paid witnesses in the courts of the United
States, and witnesses from whom depositions are taken and the persons
taking the same shall severally be entitled to the same fees as are paid
for like services in the courts of the United States.
(e) Violation of subpena as misdemeanor
Any person who shall neglect or refuse to attend and testify, or to
answer any lawful inquiry, or to produce documentary evidence, if in his
power to do so, in obedience to the subpena or lawful requirement of the
Administrator, shall be guilty of a misdemeanor, and upon conviction
thereof be subject to the penalties set forth in subsection (a) of
section 87c of this title.
(f) Repealed. Pub. L. 91-452, title II, 203, Oct. 15, 1970, 84
Stat. 928
(g) Repealed. Pub. L. 94-582, 19(d), Oct. 21, 1976, 90 Stat. 2886
(h) District Court jurisdiction
The United States district courts, the District Court of Guam, the
District Court of the Virgin Islands, the highest court of American
Samoa, and the United States courts of the other territories and
possessions of the United States shall have jurisdiction in cases
arising under this chapter.
(Aug. 11, 1916, ch. 313, pt. B, 17, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 768; amended Oct. 15, 1970, Pub. L. 91-452, title
II, 203, 84 Stat. 928; Oct. 21, 1976, Pub. L. 94-582, 19, 90 Stat.
2885.)
1976 -- Subsec. (a). Pub. L. 94-582, 19(a), (b), substituted
''Administrator'' for ''Secretary'' in two places and inserted ''by the
Administrator'' after ''under investigation'', respectively.
Subsecs. (b) to (d). Pub. L. 94-582, 19(a), substituted
''Administrator'' for ''Secretary'' in subsecs. (b) to (d).
Subsec. (e). Pub. L. 94-582, 19(a), (c), substituted
''Administrator'' for ''Secretary'' and inserted ''subsection (a) of''
before ''section 87c of this title''.
Subsec. (g). Pub. L. 94-582, 19(d), struck out subsec. (g) which
made unlawful disclosure of information by an officer or employee of the
Department of Agriculture a misdemeanor, subject to the penalties set
forth in section 87c of this title.
1970 -- Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which
related to the immunity from prosecution of any individual compelled to
testify or produce evidence, documentary or otherwise, after having
claimed his privilege against self-incrimination.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 91-452, and amendment not
to affect any immunity to which any individual is entitled under this
section by reason of any testimony given before sixtieth day following
Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an
Effective Date; Savings Provision note under section 6001 of Title 18,
Crimes and Criminal Procedure.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes
and Criminal Procedure.
07 USC 87f-1. Registration requirements
TITLE 7 -- AGRICULTURE
(a) General requirement
The Administrator shall provide, by regulation, for the registration
of all persons engaged in the business of buying grain for sale in
foreign commerce, and in the business of handling, weighing, or
transporting of grain for sale in foreign commerce. This section shall
not apply to --
(1) any person who only incidentally or occasionally buys for sale,
or handles, weighs, or transports grain for sale and is not engaged in
the regular business of buying grain for sale, or handling, weighing, or
transporting grain for sale;
(2) any producer of grain who only incidentally or occasionally sells
or transports grain which he has purchased;
(3) any person who transports grain for hire and does not own a
financial interest in such grain; or
(4) any person who buys grain for feeding or processing and not for
the purpose of reselling and only incidentally or occasionally sells
such grain as grain.
(b) Required information
(1) All persons required to register under this chapter shall submit
the following information to the Administrator:
(A) the name and principal address of the business,
(B) the names of all directors of such business,
(C) the names of the principal officers of such business,
(D) the names of all persons in a control relationship with respect
to such business,
(E) a list of locations where the business conducts substantial
operations, and
(F) such other information as the Administrator deems necessary to
carry out the purposes of this chapter.
Persons required to register under this section shall also submit to
the Administrator the information specified in clauses (A) through (F)
of this paragraph with respect to any business engaged in the business
of buying grain for sale in interstate commerce, and in the business of
handling, weighing, or transporting of grain for sale in interstate
commerce, if, with respect to such business, the person otherwise
required to register under this section is in a control relationship.
(2) For the purposes of this section, a person shall be deemed to be
in a ''control relationship'' with respect to a business required to
register under subsection (a) of this section and with respect to
applicable interstate businesses if --
(A) such person has an ownership interest of 10 per centum or more in
such business, or
(B) a business or group of business entities, with respect to which
such person is in a control relationship, has an ownership interest of
10 per centum or more in such business.
(3) For purposes of clauses (A) and (B) of paragraph (2) of this
subsection, a person shall be considered to own the ownership interest
which is owned by his or her spouse, minor children, and relatives
living in the same household.
(c) Certificate of registration
The Administrator shall issue a certificate of registration to
persons who comply with the provisions of this section. The certificate
of registration issued in accordance with this section shall be renewed
annually. If there has been any change in the information required
under subsection (b) of this section, the person holding such
certificate shall, within thirty days of the discovery of such change,
notify the Administrator of such change. No person shall engage in the
business of buying grain for sale in foreign commerce, and in the
business of handling, weighing, or transporting of grain in foreign
commerce unless he has registered with the Administrator as required by
this chapter and has an unsuspended and unrevoked certificate of
registration.
(d) Suspension or registration of certificate of registration
The Administrator may suspend or revoke any certificate of
registration issued under this section whenever, after the person
holding such certificate has been afforded an opportunity for a hearing
in accordance with sections 554, 556, and 557 of title 5, the
Administrator shall determine that such person has violated any
provision of this chapter or of the regulations promulgated thereunder,
or has been convicted of any violation involving the handling, weighing,
or inspection of grain under title 18.
(e) Fees
The Administrator shall charge and collect fees from any person
registered under this section. The amount of such fees shall be
determined on the basis of the costs of the Administrator in
administering the registration required by this section. Such fees
shall be deposited in, and used as part of, the fund described in
section 79(j) of this title.
(Aug. 11, 1916, ch. 313, pt. B, 17A, as added Oct. 21, 1976, Pub.
L. 94-582, 22, 90 Stat. 2886; amended Sept. 29, 1977, Pub. L. 95-113,
title XVI, 1604(l), 91 Stat. 1029.)
1977 -- Subsec. (b)(1). Pub. L. 95-113 substituted ''All persons
required to register'' for ''All persons registered'' in provisions
preceding subpar. (A).
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
07 USC 87f-2. Reporting requirements
TITLE 7 -- AGRICULTURE
(a) General requirements; annual report to Congressional committees
On December 1 of each year, the Administrator shall submit a report
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
regarding the effectiveness of the official inspection and weighing
system under this chapter for the prior fiscal year, with
recommendations for any legislative changes necessary to accomplish the
objectives stated in section 74 of this title.
(b) Notification of Congressional committees of complaints regarding
faulty grain deliveries and cancellation of export contracts
The Administrator shall notify the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate (1) of any complaint regarding faulty grain
delivery made to the Department of Agriculture by a foreign purchaser of
United States grain, within thirty days after a determination by the
Administrator that there is reasonable cause to believe that the grain
delivery was in fact faulty, and (2) notwithstanding the provisions of
section 612c-3 /1/ of this title, within thirty days after receipt by
the Administrator or the Secretary of notice of the cancellation of any
contract for the export of more than one hundred thousand metric tons of
grain.
(c) Submission to Congressional committees of annual summary of
complaints from foreign purchasers and prospective purchasers of grain
On December 1 of each year, the Administrator shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
summary of all other complaints received by the Department of
Agriculture during the prior fiscal year from foreign purchasers and
prospective purchasers of United States grain and other foreign
purchasers interested in the trade of grain, and the resolution thereof:
Provided, That the summary shall not include a complaint unless
reasonable cause exists to believe that the complaint is valid, as
determined by the Administrator.
(Aug. 11, 1916, ch. 313, pt. B, 17B, as added Oct. 21, 1976, Pub.
L. 94-582, 22, 90 Stat. 2888; amended Sept. 29, 1977, Pub. L. 95-113,
title XVI, 1604(m), 1606(i), (j), 91 Stat. 1029, 1030; Dec. 13,
1991, Pub. L. 102-237, title X, 1007(3), 105 Stat. 1897.)
Section 612c-3 of this title, referred to in subsec. (b), was
repealed by Pub. L. 101-624, title XV, 1578, Nov. 28, 1990, 104 Stat.
3702.
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''On December 1 of
each year, the'' for ''The'' and ''Committee on Agriculture'' for
''committee on Agriculture'' before ''of the House'' and struck out
''one year after the effective date of the United States Grain Standards
Act of 1976 setting forth the actions taken by him in implementing the
provisions of that Act; and, on December 1 of each year thereafter, the
Administrator shall report to such committees'' before ''regarding''.
1977 -- Subsec. (a). Pub. L. 95-113, 1606(i), (j), substituted
''Committee on Agriculture, Nutrition, and Forestry'' for ''Committee on
Agriculture and Forestry'' and ''inspection and weighing'' for
''inspection''.
Subsec. (b). Pub. L. 95-113, 1604(m), 1606(i), substituted
''Committee on Agriculture, Nutrition, and Forestry'' for ''Committee on
Agriculture and Forestry'' in provisions preceding cl. (1) and, in cl.
(2) substituted ''notwithstanding the provisions of section 612c-3 of
this title, within thirty days after receipt by the Administrator or the
Secretary of notice of the cancellation'' for ''within thirty days after
receipt by the Administrator or the Secretary of the cancellation''.
Subsec. (c). Pub. L. 95-113, 1606(i), substituted ''Committee on
Agriculture, Nutrition, and Forestry'' for ''Committee on Agriculture
and Forestry''.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
/1/ See References in Text note below.
07 USC 87g. Relation to State and local laws; separability
TITLE 7 -- AGRICULTURE
(a) No State or subdivision thereof may require the inspection or
description in accordance with any standards of kind, class, quality,
condition, or other characteristics of grain as a condition of shipment,
or sale, of such grain in interstate or foreign commerce, or require any
license for, or impose any other restrictions upon the performance of
any official inspection or weighing function under this chapter by
official inspection personnel. Otherwise nothing in this chapter shall
invalidate any law or other provision of any State or subdivision
thereof in the absence of a conflict with this chapter.
(b) If any provision of this chapter or the application thereof to
any person or circumstances is held invalid, the validity of the
remainder of the chapter and of the application of such provision to
other persons and circumstances shall not be affected thereby.
(Aug. 11, 1916, ch. 313, pt. B, 18, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 769; amended Oct. 21, 1976, Pub. L. 94-582, 20,
90 Stat. 2886.)
1976 -- Subsec. (a). Pub. L. 94-582 substituted in first sentence
''official inspection or weighing function'' for ''official inspection
function''.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
07 USC 87h. Appropriations
TITLE 7 -- AGRICULTURE
There are hereby authorized to be appropriated such sums as are
necessary for standardization and compliance activities, monitoring in
foreign ports grain officially inspected and weighed under this chapter,
and any other expenses necessary to carry out the provisions of this
chapter for each of the fiscal years during the period beginning October
1, 1988, and ending September 30, 1993, to the extent that financing is
not obtained from fees and sales of samples as provided for in sections
79, 79a, and 87f-1 of this title.
(Aug. 11, 1916, ch. 313, pt. B, 19, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 769; amended Oct. 21, 1976, Pub. L. 94-582, 21,
90 Stat. 2886; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1602(c),
1604(n), 91 Stat. 1025, 1029; Aug. 13, 1981, Pub. L. 97-35, title I,
155(4), 95 Stat. 372; Oct. 11, 1984, Pub. L. 98-469, 2(3), 98 Stat.
1832; Oct. 24, 1988, Pub. L. 100-518, 2(4), 102 Stat. 2586.)
For termination of amendment by section 2 of Pub. L. 100-518, see
Effective and Termination Dates of 1988 Amendment note below.
1988 -- Pub. L. 100-518 temporarily amended section generally,
substituting ''1988'' for ''1981'' and ''1993'' for ''1984''. See
Effective and Termination Dates of 1988 Amendment note below.
1984 -- Pub. L. 98-469 temporarily substituted ''September 30,
1988'' for ''September 30, 1984''. See Effective and Termination Dates
of 1984 Amendment note below.
1981 -- Pub. L. 97-35 temporarily amended section, substantially
revising enumerated activities for which appropriations are authorized
and limiting such authorization for each of the fiscal years during the
period beginning Oct. 1, 1981, and ending Sept. 30, 1984. See
Effective and Termination Dates of 1981 Amendment note below.
1977 -- Pub. L. 95-113 substituted ''Federal administrative and
supervisory costs related to the official inspection or the provision of
weighing services for grain'' for ''those Federal administrative and
supervisory costs incurred within the Service's Washington office or not
directly related to the official inspection or the provision of weighing
services for grain'' and renumbered this section as section 19 of the
United States Grain Standards Act, thereby correcting an error in the
1976 amendment of this section by Pub. L. 94-582 under which this
section had inadvertently been renumbered from section 19 of the United
States Grain Standards Act to section 21 thereof.
1976 -- Pub. L. 94-582 enumerated specific items for which
appropriations are authorized and provided for financing obtained from
fees and sales of samples as provided in sections 79a and 87f-1 of this
title.
Section 2 of Pub. L. 100-518 provided that amendment made by Pub.
L. 100-518 is effective for the period Oct. 1, 1988, through Sept. 30,
1993, inclusive.
Section 2 of Pub. L. 98-469 provided that the amendment made by Pub.
L. 98-469 is effective for period beginning Oct. 11, 1984, and ending
Sept. 30, 1988.
Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, 1,
Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made by Pub.
L. 97-35 is effective for period beginning Oct. 1, 1981, and ending
Sept. 30, 1988.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
07 USC 87i. Omitted
TITLE 7 -- AGRICULTURE
Section, act Aug. 11, 1916, ch. 313, pt. B, 20, as added Aug.
13, 1981, Pub. L. 97-35, title I, 155(5), 95 Stat. 372, which
established an advisory committee, was effective for the period Oct. 1,
1981, through Sept. 30, 1988, pursuant to section 155 of Pub. L.
97-35, as amended. See section 87j of this title.
07 USC 87j. Advisory committee
TITLE 7 -- AGRICULTURE
(a) Establishment; number and terms of members; transition
(1) Not later than ninety days after October 24, 1988, the Secretary
shall establish an advisory committee to provide advice to the
Administrator with respect to implementation of this chapter consistent
with the declarations of policy in section 74 of this title. The
advisory committee shall consist of fifteen members, appointed by the
Secretary, who represent the interests of all segments of the grain
producing, processing, storing, merchandising, consuming, and exporting
industries, including grain inspection and weighing agencies and
scientists with expertise in research related to the policies
established in section 74 of this title. Members of the advisory
committee shall be appointed to three-year terms, except that of the
initial fifteen members of the advisory committee first appointed
following the enactment of this section, five shall be appointed for
terms of one year and five shall be appointed for terms of two years.
No member of the advisory committee may serve successive terms.
(2) To ensure a smooth transition, the advisory committee established
under section 87i of this title (as in effect prior to October 1, 1988)
shall continue in existence until all members of the advisory committee
established under this section are appointed; and the Secretary may
appoint members of the advisory committee established under section 87i
of this title to serve on the advisory committee established under this
section, without regard to the time of service of such members on the
advisory committee established under section 87i of this title.
(b) Federal Advisory Committee Act as governing
The advisory committee shall be governed by the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.).
(c) Clerical assistance and staff personnel
The Administrator shall provide the advisory committee with necessary
clerical assistance and staff personnel.
(d) Compensation and travel expenses
Members of the advisory committee shall serve without compensation,
if not otherwise officers or employees of the United States, except that
members shall, while away from their homes or regular places of business
in the performance of services under this chapter, be allowed travel
expenses, including per diem in lieu of subsistence, as authorized under
section 5703 of title 5.
(Aug. 11, 1916, ch. 313, pt. B, 21, as added Oct. 24, 1988, Pub. L.
100-518, 2(5), 102 Stat. 2586.)
For termination of section by section 2 of Pub. L. 100-518, see
Effective and Termination Dates note below.
The enactment of this section, referred to in subsec. (a)(1), means
Oct. 24, 1988, the date of enactment of Pub. L. 100-518.
Section 87i of this title, referred to in subsec. (a)(2), was
omitted from the Code.
The Federal Advisory Committee Act, referred to in subsec. (b), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Section 2 of Pub. L. 100-518 provided that section is effective for
period Oct. 1, 1988, through Sept. 30, 1993, inclusive.
07 USC 87k. Standardizing commercial inspections
TITLE 7 -- AGRICULTURE
(a) Testing equipment
To promote greater uniformity in commercial grain inspection results,
the Administrator may work in conjunction with the National Institute
for Standards and Technology and the National Conference on Weights and
Measures to --
(1) identify inspection instruments requiring standardization under
subsection (b) of this section;
(2) establish performance criteria for commercial grain inspection
instruments;
(3) develop a national program to approve grain inspection
instruments for commercial inspection; and
(4) develop standard reference materials or other means necessary for
calibration or testing of approved instruments.
(b) General inspection procedures
To ensure that producers are treated uniformly in delivering grain,
the Administrator shall develop practical and cost-effective procedures
for conducting commercial inspections of grain with respect to the
application of quality factors, that result in premiums and discounts.
The procedures shall be made available to country elevators and others
making first-point-of-delivery inspections.
(c) Inspection services and information
To encourage the use of equipment and procedures developed in
accordance with subsection /1/ (a) and (b) of this section, the
Administrator shall provide for official inspection services by the
Service, States, and official inspection agencies and provide
information on the proper use of sampling and inspection equipment,
application of the grain standards, and availability of official
inspection services, including appeals under this chapter.
(d) Standardized aflatoxin equipment and procedures
The Administrator shall --
(1) establish uniform standards for testing equipment; and
(2) establish uniform testing procedures and sampling techniques;
that may be used by processors, refiners, operators of grain
elevators and terminals, and others to accurately detect the level of
aflatoxin contamination of corn in the United States.
(Aug. 11, 1916, ch. 313, pt. B, 22, as added Nov. 28, 1990, Pub. L.
101-624, title XX, 2009, 104 Stat. 3931.)
This chapter, referred to in subsec. (c), was in the original ''this
Act'' and was translated as reading ''this part'', meaning part B of act
Aug. 11, 1916, known as the United States Grain Standards Act, to
reflect the probable intent of Congress.
/1/ So in original. Probably should be ''subsections''.
07 USC CHAPTER 4 -- NAVAL STORES
TITLE 7 -- AGRICULTURE
Sec.
91. Short title.
92. Definitions.
93. Establishment of official naval stores standards.
94. Supplying duplicates of standards; examination, etc., of naval
stores and certification thereof.
95. Prohibition of acts deemed injurious to commerce in naval
stores.
96. Punishment for violation of prohibition.
97. Purchase and analysis by Secretary of samples of spirits of
turpentine to detect violations; reports to Department of Justice;
publication of results of analysis, etc.
98. Fees and charges for naval stores inspection and related
services; establishment; collection, etc.; authorization of
appropriations; administrative expenses.
99. Separability.
All functions of the Federal Security Administrator were transferred
to the Secretary of Health, Education, and Welfare and all agencies of
the Federal Security Agency were transferred to the Department of
Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1,
eff. Mar. 12, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the
Appendix to Title 5, Government Organization and Employees. The Federal
Security Agency and the office of Administrator were abolished by
section 8 of 1953 Reorg. Plan No. 1.
The Secretary and Department of Health, Education, and Welfare was
redesignated the Secretary and Department of Health and Human Services
by section 3508 of Title 20, Education.
The Food and Drug Administration in the Department of Agriculture and
its functions, except those functions relating to the administration of
the Naval Stores Act, this chapter, were transferred to the Federal
Security Agency by 1940 Reorg. Plan No. IV, 12, set out in the
Appendix to Title 5, Government Organization and Employees.
07 USC 91. Short title
TITLE 7 -- AGRICULTURE
For convenience of reference, this chapter may be designated and
cited as ''The Naval Stores Act.''
(Mar. 3, 1923, ch. 217, 1, 42 Stat. 1435.)
Section 10 of act Mar. 3, 1923, provided: ''That this Act (enacting
this chapter) shall become effective at the expiration of ninety days
next after the date of its approval (Mar. 23, 1923).''
Orders regulating handling of naval stores, see section 608c of this
title.
07 USC 92. Definitions
TITLE 7 -- AGRICULTURE
When used in this chapter --
(a) ''Naval stores'' means spirits of turpentine and rosin.
(b) ''Spirits of turpentine'' includes gum spirits of turpentine and
wood turpentine.
(c) ''Gum spirits of turpentine'' means spirits of turpentine made
from gum (oleoresin) from a living tree.
(d) ''Wood turpentine'' includes steam distilled wood turpentine and
destructively distilled wood turpentine.
(e) ''Steam distilled wood turpentine'' means wood turpentine
distilled with steam from the oleoresin within or extracted from the
wood.
(f) ''Destructively distilled wood turpentine'' means wood turpentine
obtained in the destructive distillation of the wood.
(g) ''Rosin'' includes gum rosin and wood rosin.
(h) ''Gum rosin'' means rosin remaining after the distillation of gum
spirits of turpentine.
(i) ''Wood rosin'' means rosin remaining after the distillation of
steam distilled wood turpentine.
(j) ''Package'' means any container of naval stores, and includes
barrel, tank, tank car, or other receptacle.
(k) ''Person'' includes partnerships, associations, and corporations,
as well as individuals.
(l) The term ''commerce'' means commerce between any State,
Territory, or possession, or the District of Columbia, and any place
outside thereof; or between points within the same State, Territory, or
possession, or the District of Columbia, but through any place outside
thereof; or within any Territory or possession or the District of
Columbia.
(Mar. 3, 1923, ch. 217, 2, 42 Stat. 1435.)
Standards for naval stores until otherwise prescribed as provided in
this chapter, kinds of spirits of turpentine defined in subdivisions
(c), (e), and (f) of this section as, see section 93 of this title.
07 USC 93. Establishment of official naval stores standards
TITLE 7 -- AGRICULTURE
For the purposes of this chapter the kinds of spirits of turpentine
defined in subdivisions (c), (e), and (f) of section 92 of this title
and the rosin types heretofore prepared and recommended under existing
laws, by or under authority of the Secretary of Agriculture, are made
the standards for naval stores until otherwise prescribed as hereinafter
provided. The Secretary of Agriculture is authorized to establish and
promulgate standards for naval stores for which no standards are herein
provided, after at least three months' notice of the proposed standard
shall have been given to the trade, so far as practicable, and due
hearings or reasonable opportunities to be heard shall have been
afforded those favoring or opposing the same. No such standard shall
become effective until after three months from the date of the
promulgation thereof. Any standard made by this chapter or established
and promulgated by the Secretary of Agriculture in accordance therewith
may be modified by said Secretary whenever, for reasons and causes
deemed by him sufficient, the interests of the trade shall so require,
after at least six months' notice of the proposed modifications shall
have been given to the trade, so far as practicable, and due hearings or
reasonable opportunities to be heard shall have been afforded those
favoring or opposing the same; and no such modification so made shall
become effective until after six months from the date when made.
The various grades of rosin, from highest to lowest, shall be
designated, unless and until changed, as hereinbefore provided, by the
following letters, respectively: X, WW, WG, N, M, K, I, H, G, F, E, D,
and B, together with the designation ''gum rosin'' or ''wood rosin'', as
the case may be.
The standards herein made and authorized to be made shall be known as
the ''Official Naval Stores Standards of the United States,'' and may be
referred to by the abbreviated expression ''United States Standards'',
and shall be the standards by which all naval stores in commerce shall
be graded and described.
(Mar. 3, 1923, ch. 217, 3, 42 Stat. 1435.)
07 USC 94. Supplying duplicates of standards; examination, etc., of
naval stores and certification thereof
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall provide, if practicable, any
interested persons with duplicates of the official naval stores
standards of the United States upon request accompanied by tender of
satisfactory security for the return thereof, under such regulations as
he may prescribe. The Secretary of Agriculture shall examine, if
practicable, upon request of any interested person, any naval stores and
shall analyze, classify, or grade the same under such regulations as he
may prescribe. He shall furnish a certificate showing the analysis,
classification, or grade of such naval stores, which certificate shall
be prima facie evidence of the analysis, classification, or grade of
such naval stores and of the contents of any package from which the same
may have been taken, as well as of the correctness of such analysis,
classification, or grade and shall be admissible as such in any court.
(Mar. 3, 1923, ch. 217, 4, 42 Stat. 1436; Aug. 13, 1981, Pub. L.
97-35, title I, 159(a)(1), 95 Stat. 376.)
1981 -- Pub. L. 97-35 struck out ''on tender of the cost thereof as
required by him,'' after ''grade the same''.
Section 159(b) of Pub. L. 97-35 provided that: ''The provisions of
this section (amending this section and section 98 of this title) shall
become effective October 1, 1981''.
07 USC 95. Prohibition of acts deemed injurious to commerce in naval
stores
TITLE 7 -- AGRICULTURE
The following acts are hereby declared injurious to commerce in naval
stores and are hereby prohibited and made unlawful:
(a) The sale in commerce of any naval stores, or of anything offered
as such, except under or by reference to United States standards.
(b) The sale of any naval stores under or by reference to United
States standards which is other than what it is represented to be.
(c) The use in commerce of the word ''turpentine'' or the word
''rosin,'' singly or with any other word or words, or of any compound,
derivative, or imitation of either such word, or of any misleading word,
or of any word, combination of words, letter, or combination of letters,
provided herein or by the Secretary of Agriculture to be used to
designate naval stores of any kind or grade, in selling, offering for
sale, advertising, or shipping anything other than naval stores of the
United States standards.
(d) The use in commerce of any false, misleading, or deceitful means
or practice in the sale of naval stores or of anything offered as such.
(Mar. 3, 1923, ch. 217, 5, 42 Stat. 1436.)
Punishment for violating the provisions of this section, see section
96 of this title.
07 USC 96. Punishment for violation of prohibition
TITLE 7 -- AGRICULTURE
Any person willfully violating any provision of section 95 of this
title shall, on conviction, be punished for each offense by a fine not
exceeding $5,000 or by imprisonment for not exceeding one year, or both.
(Mar. 3, 1923, ch. 217, 6, 42 Stat. 1436.)
07 USC 97. Purchase and analysis by Secretary of samples of spirits of
turpentine to detect violations; reports to Department of Justice;
publication of results of analysis, etc.
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is hereby authorized to purchase from
time to time in open market samples of spirits of turpentine and of
anything offered for sale as such for the purpose of analysis,
classification, or grading and of detecting any violation of this
chapter. He shall report to the Department of Justice for appropriate
action any violation of this chapter coming to his knowledge. He is
also authorized to publish from time to time results of any analysis,
classification, or grading of spirits of turpentine and of anything
offered for sale as such made by him under any provision of this
chapter.
(Mar. 3, 1923, ch. 217, 7, 42 Stat. 1436.)
07 USC 98. Fees and charges for naval stores inspection and related
services; establishment, collection, etc.; authorization of
appropriations; administrative expenses
TITLE 7 -- AGRICULTURE
(a) The Secretary of Agriculture shall fix and cause to be collected
fees and charges for the establishment of standards under section 93 of
this title and for examinations, analyses, classifications, and other
services under section 94 of this title which shall cover, as nearly as
practicable, the costs of providing such services and standards as the
Secretary shall deem necessary, including administrative and supervisory
costs. Such fees and charges, when collected, shall be credited to the
current appropriation account that incurs such costs and shall be
available without fiscal year limitation to pay the expenses of the
Secretary incident to providing such services and standards under this
chapter. Fees and charges shall be assessed and collected from
processors and warehousers of naval stores, and inspection and related
services shall be suspended or denied to any such processor or
warehouser upon failure to timely pay the fees and charges assessed.
(b) There are hereby authorized to be appropriated such sums as may
be necessary for the enforcement and administration of this chapter.
(Mar. 3, 1923, ch. 217, 8, 42 Stat. 1436; Aug. 13, 1981, Pub. L.
97-35, title I, 159(a)(2), 95 Stat. 376.)
1981 -- Pub. L. 97-35 added subsec. (a). Former unlettered
provisions were designated subsec. (b) and, as so designated, struck
out authorization of the Secretary to employ personnel and make
administrative expenditures.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
159(b) of Pub. L. 97-35, set out as a note under section 94 of this
title.
07 USC 99. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the chapter and of the application of such provisions to other
persons and circumstances shall not be affected thereby.
(Mar. 3, 1923, ch. 217, 9, 42 Stat. 1437.)
07 USC CHAPTER 5 -- IMPORTATION OF ADULTERATED SEEDS
TITLE 7 -- AGRICULTURE
07 USC 111 to 116. Repealed. Aug. 9, 1939, ch. 615, 419, 53 Stat.
1290
TITLE 7 -- AGRICULTURE
Sections, act Aug. 24, 1912, ch. 382, 1-6, 37 Stat. 506, related
to regulation of foreign commerce by prohibiting admission into United
States of adulterated grain and seeds. See section 1551 et seq. of
this title.
Section 111 amended by acts Aug. 11, 1916, ch. 313, 39 Stat. 453;
Apr. 26, 1926, ch. 186, 1, 44 Stat. 325.
Section 113 amended by act Aug. 11, 1916, ch. 313, 39 Stat. 453.
Sections 115 and 116 amended by act Apr. 26, 1926, ch. 186, 2, 44
Stat. 325.
Repeal effective on the one hundred and eightieth day after Aug. 9,
1939, except that notices with respect to imported alfalfa and red
clover seed promulgated by the Secretary of Agriculture under authority
of former sections 111 to 116 of this title, which were in effect Aug.
9, 1939, remained in full force and effect as if promulgated under
sections 1551 to 1610 of this title.
07 USC CHAPTER 6 -- INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
TITLE 7 -- AGRICULTURE
Sec.
121 to 134. Repealed.
135 to 135k. Omitted.
136. Definitions.
(a) Active ingredient.
(b) Administrator.
(c) Adulterated.
(d) Animal.
(e) Certified applicator, etc.
(f) Defoliant.
(g) Desiccant.
(h) Device.
(i) District court.
(j) Environment.
(k) Fungus.
(l) Imminent hazard.
(m) Inert ingredient.
(n) Ingredient statement.
(o) Insect.
(p) Label and labeling.
(q) Misbranded.
(r) Nematode.
(s) Person.
(t) Pest.
(u) Pesticide.
(v) Plant regulator.
(w) Producer and produce.
(x) Protect health and the environment.
(y) Registrant.
(z) Registration.
(aa) State.
(bb) Unreasonable adverse effects on the environment.
(cc) Weed.
(dd) Establishment.
(ee) To use any registered pesticide in a manner inconsistent with
its labeling.
(ff) Outstanding data requirement.
(gg) To distribute or sell.
136a. Registration of pesticides.
(a) Requirement of registration.
(b) Exemptions.
(c) Procedure for registration.
(d) Classification of pesticides.
(e) Products with same formulation and claims.
(f) Miscellaneous.
136a-1. Reregistration of registered pesticides.
(a) General rule.
(b) Reregistration phases.
(c) Phase one.
(d) Phase two.
(e) Phase three.
(f) Phase four.
(g) Phase five.
(h) Compensation of data submitter.
(i) Fees.
(j) Exemption of certain registrants.
(k) Reregistration and expedited processing fund.
(l) Judicial review.
136b. Transferred.
136c. Experimental use permits.
(a) Issuance.
(b) Temporary tolerance level.
(c) Use under permit.
(d) Studies.
(e) Revocation.
(f) State issuance of permits.
(g) Exemption for agricultural research agencies.
136d. Administrative review; suspension.
(a) Cancellation after five years.
(b) Cancellation and change in classification.
(c) Suspension.
(d) Public hearings and scientific review.
(e) Conditional registration.
(f) General provisions.
(g) Notice for stored pesticides with canceled or suspended
registrations.
(h) Judicial review.
136e. Registration of establishments.
(a) Requirement.
(b) Registration.
(c) Information required.
(d) Confidential records and information.
136f. Books and records.
(a) Requirements.
(b) Inspection.
136g. Inspection of establishments, etc.
(a) In general.
(b) Warrants.
(c) Enforcement.
136h. Protection of trade secrets and other information.
(a) In general.
(b) Disclosure.
(c) Disputes.
(d) Limitations.
(e) Disclosure to contractors.
(f) Penalty for disclosure by Federal employees.
(g) Disclosure to foreign and multinational pesticide producers.
136i. Use of restricted use pesticides; applicators.
(a) Certification procedure.
(b) State plans.
(c) Instruction in integrated pest management techniques.
(d) In general.
(e) Separate standards.
136i-1. Pesticide recordkeeping.
(a) Requirements.
(b) Access.
(c) Health care personnel.
(d) Penalty.
(e) Federal or State provisions.
(f) Surveys and reports.
(g) Regulations.
136j. Unlawful acts.
(a) In general.
(b) Exemptions.
136k. Stop sale, use, removal, and seizure.
(a) Stop sale, etc., orders.
(b) Seizure.
(c) Disposition after condemnation.
(d) Court costs, etc.
136l. Penalties.
(a) Civil penalties.
(b) Criminal penalties.
136m. Indemnities.
(a) General indemnification.
(b) Indemnification of end users, dealers, and distributors.
(c) Amount of payment.
136n. Administrative procedure; judicial review.
(a) District court review.
(b) Review by court of appeals.
(c) Jurisdiction of district courts.
(d) Notice of judgments.
136o. Imports and exports.
(a) Pesticides and devices intended for export.
(b) Cancellation notices furnished to foreign governments.
(c) Importation of pesticides and devices.
(d) Cooperation in international efforts.
(e) Regulations.
136p. Exemption of Federal and State agencies.
136q. Storage, disposal, transportation, and recall.
(a) Storage, disposal, and transportation.
(b) Recalls.
(c) Storage costs.
(d) Administration of storage, disposal, transportation, and recall
programs.
(e) Container design.
(f) Pesticide residue removal.
(g) Pesticide container study.
(h) Relationship to Solid Waste Disposal Act.
136r. Research and monitoring.
(a) Research.
(b) National monitoring plan.
(c) Monitoring.
136s. Solicitation of comments; notice of public hearings.
(a) Secretary of Agriculture.
(b) Views.
(c) Notice.
136t. Delegation and cooperation.
(a) Delegation.
(b) Cooperation.
136u. State cooperation, aid, and training.
(a) Cooperative agreements.
(b) Contracts for training.
(c) Information and education.
136v. Authority of States.
(a) In general.
(b) Uniformity.
(c) Additional uses.
136w. Authority of Administrator.
(a) In general.
(b) Exemption of pesticides.
(c) Other authority.
(d) Scientific advisory panel.
(e) Peer review.
136w-1. State primary enforcement responsibility.
(a) In general.
(b) Special rules.
(c) Administrator.
136w-2. Failure by the State to assure enforcement of State
pesticide use regulations.
(a) Referral.
(b) Notice.
(c) Construction.
136w-3. Identification of pests; cooperation with Department of
Agriculture's program.
(a) In general.
(b) Pest control availability.
(c) Integrated pest management.
136w-4. Annual report.
136x. Severability.
136y. Authorization of appropriations.
07 USC SUBCHAPTER I -- INSECTICIDES
TITLE 7 -- AGRICULTURE
07 USC 121 to 134. Repealed. June 25, 1947, ch. 125, 16, 61 Stat.
172
TITLE 7 -- AGRICULTURE
Sections, act Apr. 26, 1910, ch. 191, 36 Stat. 335, formerly known
as ''The Insecticides Act'', are covered by subchapter II of this
chapter.
Section 16 of act June 25, 1947, repealed this subchapter effective
one year after June 25, 1947, and further provided that this subchapter
should be deemed to remain in full force for the purpose of sustaining
any proper suit, action, or other proceeding with respect to any
violations, liabilities incurred, or appeals taken prior to such date of
repeal or to sales, shipments, or deliveries of insecticides and
fungicides exempted by the Secretary.
07 USC SUBCHAPTER II -- ENVIRONMENTAL PESTICIDE CONTROL
TITLE 7 -- AGRICULTURE
sections 1261, 1277, 1459, 2052, 2602; title 21
sections 321, 346a, 1401; title 42 sections 300g-1,
6905, 7412, 9603, 9604, 9607.
07 USC 135 to 135k. Omitted
TITLE 7 -- AGRICULTURE
Sections 135 to 135k, acts June 25, 1947, ch. 125, 2-13, 61 Stat.
163-172; Aug. 7, 1959, Pub. L. 86-139, 2, 73 Stat. 286; May 12,
1964, Pub. L. 88-305, 1-6, 78 Stat. 190-193; Oct. 15, 1970, Pub.
L. 91-452, title II, 204, 84 Stat. 928; Dec. 30, 1970, Pub. L.
91-601, 6(b), formerly 7(b), 84 Stat. 1673, renumbered, Aug. 13,
1981, Pub. L. 97-35, title XII, 1205(c), 95 Stat. 716, which related
to economic poison control, were superseded by the amendments made to
act June 25, 1947, by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 975.
See section 4 of Pub. L. 92-516, set out as a note under section 136 of
this title. The provisions of act June 25, 1947, as amended by Pub. L.
92-516, are set out in section 136 et seq. of this title.
Section 135 provided definitions for the purposes of this subchapter.
Section 135a related to prohibited acts.
Section 135b related to registration of economic poisons.
Section 135c related to access, inspection, and use in criminal
prosecutions of books and records.
Section 135d related to rules and regulations, examination of
economic poisons or devices, notification to violators, certification to
United States attorney, duty of attorney, and publication of judgments.
Section 135e related to exemptions from penalties.
Section 135f provided for penalties.
Section 135g related to seizure, disposal, and award of costs against
claimant.
Section 135h related to refusal of admission of imports.
Section 135i related to delegation of duties.
Section 135j related to authorization of appropriations and
expenditure of funds.
Section 135k related to cooperation between departments and agencies.
07 USC 136. Definitions
TITLE 7 -- AGRICULTURE
For purposes of this subchapter --
(a) Active ingredient
The term ''active ingredient'' means --
(1) in the case of a pesticide other than a plant regulator,
defoliant, or desiccant, an ingredient which will prevent, destroy,
repel, or mitigate any pest;
(2) in the case of a plant regulator, an ingredient which, through
physiological action, will accelerate or retard the rate of growth or
rate of maturation or otherwise alter the behavior of ornamental or crop
plants or the product thereof;
(3) in the case of a defoliant, an ingredient which will cause the
leaves or foliage to drop from a plant; and
(4) in the case of a desiccant, an ingredient which will artificially
accelerate the drying of plant tissue.
(b) Administrator
The term ''Administrator'' means the Administrator of the
Environmental Protection Agency.
(c) Adulterated
The term ''adulterated'' applies to any pesticide if --
(1) its strength or purity falls below the professed standard of
quality as expressed on its labeling under which it is sold;
(2) any substance has been substituted wholly or in part for the
pesticide; or
(3) any valuable constituent of the pesticide has been wholly or in
part abstracted.
(d) Animal
The term ''animal'' means all vertebrate and invertebrate species,
including but not limited to man and other mammals, birds, fish, and
shellfish.
(e) Certified applicator, etc.
(1) Certified applicator
The term ''certified applicator'' means any individual who is
certified under section 136i of this title as authorized to use or
supervise the use of any pesticide which is classified for restricted
use. Any applicator who holds or applies registered pesticides, or uses
dilutions of registered pesticides consistent with subsection (ee) of
this section, only to provide a service of controlling pests without
delivering any unapplied pesticide to any person so served is not deemed
to be a seller or distributor of pesticides under this subchapter.
(2) Private applicator
The term ''private applicator'' means a certified applicator who uses
or supervises the use of any pesticide which is classified for
restricted use for purposes of producing any agricultural commodity on
property owned or rented by the applicator or the applicator's employer
or (if applied without compensation other than trading of personal
services between producers of agricultural commodities) on the property
of another person.
(3) Commercial applicator
The term ''commercial applicator'' means an applicator (whether or
not the applicator is a private applicator with respect to some uses)
who uses or supervises the use of any pesticide which is classified for
restricted use for any purpose or on any property other than as provided
by paragraph (2).
(4) Under the direct supervision of a certified applicator
Unless otherwise prescribed by its labeling, a pesticide shall be
considered to be applied under the direct supervision of a certified
applicator if it is applied by a competent person acting under the
instructions and control of a certified applicator who is available if
and when needed, even though such certified applicator is not physically
present at the time and place the pesticide is applied.
(f) Defoliant
The term ''defoliant'' means any substance of mixture of substances
intended for causing the leaves or foliage to drop from a plant, with or
without causing abscission.
(g) Desiccant
The term ''desiccant'' means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue.
(h) Device
The term ''device'' means any instrument or contrivance (other than a
firearm) which is intended for trapping, destroying, repelling, or
mitigating any pest or any other form of plant or animal life (other
than man and other than bacteria, virus, or other microorganism on or in
living man or other living animals); but not including equipment used
for the application of pesticides when sold separately therefrom.
(i) District court
The term ''district court'' means a United States district court, the
District Court of Guam, the District Court of the Virgin Islands, and
the highest court of American Samoa.
(j) Environment
The term ''environment'' includes water, air, land, and all plants
and man and other animals living therein, and the interrelationships
which exist among these.
(k) Fungus
The term ''fungus'' means any non-chlorophyll-bearing thallophyte
(that is, any non-chlorophyll-bearing plant of a lower order than mosses
and liverworts), as for example, rust, smut, mildew, mold, yeast, and
bacteria, except those on or in living man or other animals and those on
or in processed food, beverages, or pharmaceuticals.
(l) Imminent hazard
The term ''imminent hazard'' means a situation which exists when the
continued use of a pesticide during the time required for cancellation
proceeding would be likely to result in unreasonable adverse effects on
the environment or will involve unreasonable hazard to the survival of a
species declared endangered or threatened by the Secretary pursuant to
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(m) Inert ingredient
The term ''inert ingredient'' means an ingredient which is not
active.
(n) Ingredient statement
The term ''ingredient statement'' means a statement which contains --
(1) the name and percentage of each active ingredient, and the total
percentage of all inert ingredients, in the pesticide; and
(2) if the pesticide contains arsenic in any form, a statement of the
percentages of total and water soluble arsenic, calculated as elementary
arsenic.
(o) Insect
The term ''insect'' means any of the numerous small invertebrate
animals generally having the body more or less obviously segmented, for
the most part belonging to the class insecta, comprising six-legged,
usually winged forms, as for example, beetles, bugs, bees, flies, and to
other allied classes of anthropods whose members are wingless and
usually have more than six legs, as for example, spiders, mites, ticks,
centipedes, and wood lice.
(p) Label and labeling
(1) Label
The term ''label'' means the written, printed, or graphic matter on,
or attached to, the pesticide or device or any of its containers or
wrappers.
(2) Labeling
The term ''labeling'' means all labels and all other written,
printed, or graphic matter --
(A) accompanying the pesticide or device at any time; or
(B) to which reference is made on the label or in literature
accompanying the pesticide or device, except to current official
publications of the Environmental Protection Agency, the United States
Departments of Agriculture and Interior, the Department of Health and
Human Services, State experiment stations, State agricultural colleges,
and other similar Federal or State institutions or agencies authorized
by law to conduct research in the field of pesticides.
(q) Misbranded
(1) A pesticide is misbranded if --
(A) its labeling bears any statement, design, or graphic
representation relative thereto or to its ingredients which is false or
misleading in any particular;
(B) it is contained in a package or other container or wrapping which
does not conform to the standards established by the Administrator
pursuant to section 136w(c)(3) of this title;
(C) it is an imitation of, or is offered for sale under the name of,
another pesticide;
(D) its label does not bear the registration number assigned under
section 136e of this title to each establishment in which it was
produced;
(E) any word, statement, or other information required by or under
authority of this subchapter to appear on the label or labeling is not
prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs, or graphic matter in the labeling) and
in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use;
(F) the labeling accompanying it does not contain directions for use
which are necessary for effecting the purpose for which the product is
intended and if complied with, together with any requirements imposed
under section 136a(d) of this title, are adequate to protect health and
the environment;
(G) the label does not contain a warning or caution statement which
may be necessary and if complied with, together with any requirements
imposed under section 136a(d) of this title, is adequate to protect
health and the environment; or
(H) in the case of a pesticide not registered in accordance with
section 136a of this title and intended for export, the label does not
contain, in words prominently placed thereon with such conspicuousness
(as compared with other words, statements, designs, or graphic matter in
the labeling) as to render it likely to be noted by the ordinary
individual under customary conditions of purchase and use, the
following: ''Not Registered for Use in the United States of America''.
(2) A pesticide is misbranded if --
(A) the label does not bear an ingredient statement on that part of
the immediate container (and on the outside container or wrapper of the
retail package, if there be one, through which the ingredient statement
on the immediate container cannot be clearly read) which is presented or
displayed under customary conditions or purchase, except that a
pesticide is not misbranded under this subparagraph if --
(i) The size or form of the immediate container, or the outside
container or wrapper of the retail package, makes it impracticable to
place the ingredient statement on the part which is presented or
displayed under customary conditions of purchase; and
(ii) the ingredient statement appears prominently on another part of
the immediate container, or outside container or wrapper, permitted by
the Administrator;
(B) the labeling does not contain a statement of the use
classification under which the product is registered;
(C) there is not affixed to its container, and to the outside
container or wrapper of the retail package, if there be one, through
which the required information on the immediate container cannot be
clearly read, a label bearing --
(i) the name and address of the producer, registrant, or person for
whom produced;
(ii) the name, brand, or trademark under which the pesticide is sold;
(iii) the net weight or measure of the content, except that the
Administrator may permit reasonable variations; and
(iv) when required by regulation of the Administrator to effectuate
the purposes of this subchapter, the registration number assigned to the
pesticide under this subchapter, and the use classification; and
(D) the pesticide contains any substance or substances in quantities
highly toxic to man, unless the label shall bear, in addition to any
other matter required by this subchapter --
(i) the skull and crossbones;
(ii) the word ''poison'' prominently in red on a background of
distinctly contrasting color; and
(iii) a statement of a practical treatment (first aid or otherwise)
in case of poisoning by the pesticide.
(r) Nematode
The term ''nematode'' means invertebrate animals of the phylum
nemathelminthes and class nematoda, that is, unsegmented round worms
with elongated, fusiform, or saclike bodies covered with cuticle, and
inhabiting soil, water, plants, or plant parts; may also be called
nemas or eelworms.
(s) Person
The term ''person'' means any individual, partnership, association,
corporation, or any organized group of persons whether incorporated or
not.
(t) Pest
The term ''pest'' means (1) any insect, rodent, nematode, fungus,
weed, or (2) any other form of terrestrial or aquatic plant or animal
life or virus, bacteria, or other micro-organism (except viruses,
bacteria, or other micro-organisms on or in living man or other living
animals) which the Administrator declares to be a pest under section
136w(c)(1) of this title.
(u) Pesticide
The term ''pesticide'' means (1) any substance or mixture of
substances intended for preventing, destroying, repelling, or mitigating
any pest, and (2) any substance or mixture of substances intended for
use as a plant regulator, defoliant, or desiccant, except that the term
''pesticide'' shall not include any article that is a ''new animal
drug'' within the meaning of section 321(w) of title 21, that has been
determined by the Secretary of Health and Human Services not to be a new
animal drug by a regulation establishing conditions of use for the
article, or that is an animal feed within the meaning of section 321(x)
of title 21 bearing or containing a new animal drug.
(v) Plant regulator
The term ''plant regulator'' means any substance or mixture of
substances intended, through physiological action, for accelerating or
retarding the rate of growth or rate of maturation, or for otherwise
altering the behavior of plants or the produce thereof, but shall not
include substances to the extent that they are intended as plant
nutrients, trace elements, nutritional chemicals, plant inoculants, and
soil amendments. Also, the term ''plant regulator'' shall not be
required to include any of such of those nutrient mixtures or soil
amendments as are commonly known as vitamin-hormone horticultural
products, intended for improvement, maintenance, survival, health, and
propagation of plants, and as are not for pest destruction and are
nontoxic, nonpoisonous in the undiluted packaged concentration.
(w) Producer and produce
The term ''producer'' means the person who manufactures, prepares,
compounds, propagates, or processes any pesticide or device or active
ingredient used in producing a pesticide. The term ''produce'' means to
manufacture, prepare, compound, propagate, or process any pesticide or
device or active ingredient used in producing a pesticide. The dilution
by individuals of formulated pesticides for their own use and according
to the directions on registered labels shall not of itself result in
such individuals being included in the definition of ''producer'' for
the purposes of this subchapter.
(x) Protect health and the environment
The terms ''protect health and the environment'' and ''protection of
health and the environment'' mean protection against any unreasonable
adverse effects on the environment.
(y) Registrant
The term ''registrant'' means a person who has registered any
pesticide pursuant to the provisions of this subchapter.
(z) Registration
The term ''registration'' includes reregistration.
(aa) State
The term ''State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust
Territory of the Pacific Islands, and American Samoa.
(bb) Unreasonable adverse effects on the environment
The term ''unreasonable adverse effects on the environment'' means
any unreasonable risk to man or the environment, taking into account the
economic, social, and environmental costs and benefits of the use of any
pesticide.
(cc) Weed
The term ''weed'' means any plant which grows where not wanted.
(dd) Establishment
The term ''establishment'' means any place where a pesticide or
device or active ingredient used in producing a pesticide is produced,
or held, for distribution or sale.
(ee) To use any registered pesticide in a manner inconsistent with
its labeling
The term ''to use any registered pesticide in a manner inconsistent
with its labeling'' means to use any registered pesticide in a manner
not permitted by the labeling, except that the term shall not include
(1) applying a pesticide at any dosage, concentration, or frequency less
than that specified on the labeling unless the labeling specifically
prohibits deviation from the specified dosage, concentration, or
frequency, (2) applying a pesticide against any target pest not
specified on the labeling if the application is to the crop, animal, or
site specified on the labeling, unless the Administrator has required
that the labeling specifically state that the pesticide may be used only
for the pests specified on the labeling after the Administrator has
determined that the use of the pesticide against other pests would cause
an unreasonable adverse effect on the environment, (3) employing any
method of application not prohibited by the labeling unless the labeling
specifically states that the product may be applied only by the methods
specified on the labeling, (4) mixing a pesticide or pesticides with a
fertilizer when such mixture is not prohibited by the labeling, (5) any
use of a pesticide in conformance with section 136c, 136p, or 136v of
this title, or (6) any use of a pesticide in a manner that the
Administrator determines to be consistent with the purposes of this
subchapter. After March 31, 1979, the term shall not include the use of
a pesticide for agricultural or forestry purposes at a dilution less
than label dosage unless before or after that date the Administrator
issues a regulation or advisory opinion consistent with the study
provided for in section 27(b) of the Federal Pesticide Act of 1978,
which regulation or advisory opinion specifically requires the use of
definite amounts of dilution.
(ff) Outstanding data requirement
(1) In general
The term ''outstanding data requirement'' means a requirement for any
study, information, or data that is necessary to make a determination
under section 136a(c)(5) of this title and which study, information, or
data --
(A) has not been submitted to the Administrator; or
(B) if submitted to the Administrator, the Administrator has
determined must be resubmitted because it is not valid, complete, or
adequate to make a determination under section 136a(c)(5) of this title
and the regulations and guidelines issued under such section.
(2) Factors
In making a determination under paragraph (1)(B) respecting a study,
the Administrator shall examine, at a minimum, relevant protocols,
documentation of the conduct and analysis of the study, and the results
of the study to determine whether the study and the results of the study
fulfill the data requirement for which the study was submitted to the
Administrator.
(gg) To distribute or sell
The term ''to distribute or sell'' means to distribute, sell, offer
for sale, hold for distribution, hold for sale, hold for shipment, ship,
deliver for shipment, release for shipment, or receive and (having so
received) deliver or offer to deliver. The term does not include the
holding or application of registered pesticides or use dilutions thereof
by any applicator who provides a service of controlling pests without
delivering any unapplied pesticide to any person so served.
(June 25, 1947, ch. 125, 2, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 975; amended Dec. 28, 1973, Pub. L. 93-205, 13(f), 87
Stat. 903; Nov. 28, 1975, Pub. L. 94-140, 9, 89 Stat. 754; Sept. 30,
1978, Pub. L. 95-396, 1, 92 Stat. 819; Oct. 25, 1988, Pub. L. 100-532,
title I, 101, title VI, 601(a), title VIII, 801(a), 102 Stat. 2655,
2677, 2679; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(a)(1), (2),
(b)(3)(A), (B), 105 Stat. 1894, 1895.)
The Endangered Species Act of 1973, referred to in subsec. (l), is
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified principally to chapter 35 ( 1531 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of Title 16 and Tables.
Section 27(b) of Federal Pesticide Act of 1978, referred to in
subsec. (ee), is section 27(b) of Pub. L. 95-396, Sept. 30, 1978, 92
Stat. 841, which is set out as a note under section 136w-4 of this
title.
A prior section 2 of act June 25, 1947, was classified to section 135
of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (e)(1). Pub. L. 102-237, 1006(a)(1), substituted
''section 136i'' for ''section 136b'' and ''uses dilutions'' for ''use
dilutions'' and made technical amendment to reference to subsection (ee)
of this section involving corresponding provision of original act.
Subsec. (e)(2). Pub. L. 102-237, 1006(b)(3)(A), substituted ''the
applicator or the applicator's'' for ''him or his''.
Subsec. (e)(3). Pub. L. 102-237, 1006(b)(3)(B), substituted ''the
applicator'' for ''he''.
Subsec. (q)(2)(A)(i). Pub. L. 102-237, 1006(a)(2), substituted
''size or form'' for ''size of form''.
1988 -- Subsec. (c). Pub. L. 100-532, 801(a)(1), substituted ''if
-- '' for ''if:''.
Subsec. (p)(2)(B). Pub. L. 100-532, 801(a)(2), substituted ''Health
and Human Services'' for ''Health, Education, and Welfare''.
Subsec. (q)(2)(A). Pub. L. 100-532, 801(a)(3), substituted ''if --
'' for ''if:''.
Subsec. (q)(2)(C)(iii). Pub. L. 100-532, 801(a)(4), substituted '',
except that'' for '': Provided, That''.
Subsec. (u). Pub. L. 100-532, 801(a)(5), substituted '', except
that'' for '': Provided, That'', struck out ''(1)(a)'' after ''include
any article'' and ''or (b)'' after ''section 321(w) of title 21,'', and
substituted ''Health and Human Services'' for ''Health, Education, and
Welfare'', ''or that is'' for ''or (2) that is'', and ''a new animal
drug'' for ''an article covered by clause (1) of this proviso''.
Subsec. (ee). Pub. L. 100-532, 601(a)(1), 801(a)(6), substituted
'', except that'' for '': Provided, That'', inserted ''unless the
labeling specifically prohibits deviation from the specified dosage,
concentration, or frequency'' and ''unless the labeling specifically
states that the product may be applied only by the methods specified on
the labeling'', substituted ''labeling, (4) mixing'' for ''labeling, or
(4) mixing'', '', (5)'' for '': Provided further, That the term also
shall not include'', ''or (6) any use'' for ''or any use'', and ''.
After'' for '': And provided further, That after''.
Subsec. (ff). Pub. L. 100-532, 101, added subsec. (ff).
Subsec. (gg). Pub. L. 100-532, 601(a)(2), added subsec. (gg).
1978 -- Subsec. (e)(1). Pub. L. 95-396, 1(1), inserted provision
deeming an applicator not a seller or distributor of pesticides when
providing a service of controlling pests.
Subsec. (e)(3). Pub. L. 95-396, 1(2), substituted ''an applicator''
for ''a certified applicator''.
Subsec. (q)(1)(H). Pub. L. 95-396, 1(3), added subpar. (H).
Subsec. (w). Pub. L. 95-396, 1(4), (5), amended definition of
''producer'' and ''produce'' to include reference to active ingredient
used in producing a pesticide and inserted provision that an individual
did not become a producer when there was dilution of a pesticide for
personal use according to directions on registered labels.
Subsec. (dd). Pub. L. 95-396, 1(6), inserted ''or active ingredient
used in producing a pesticide''.
Subsec. (ee). Pub. L. 95-396, 1(7), added subsec. (ee).
1975 -- Subsec. (u). Pub. L. 94-140 inserted proviso which excluded
from term ''pesticide'' any article designated as ''new animal drug''
and any article denominated as animal feed.
1973 -- Subsec. (l). Pub. L. 93-205 substituted ''or threatened by
the Secretary pursuant to the Endangered Species Act of 1973'' for ''by
the Secretary of the Interior under Public Law 91-135''.
Section 901 of Pub. L. 100-532 provided that: ''Except as otherwise
provided in this Act, the amendments made by this Act (see Short Title
of 1988 Amendment note below) shall take effect on the expiration of 60
days after the date of enactment of this Act (Oct. 25, 1988).''
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as an Effective Date note under section 1531
of Title 16, Conservation.
Section 4 of Pub. L. 92-516, as amended by Pub. L. 94-140, 4, Nov.
28, 1975, 89 Stat. 752; Pub. L. 95-396, 28, Sept. 30, 1978, 92
Stat. 842, provided that:
''(a) Except as otherwise provided in the Federal Insecticide,
Fungicide, and Rodenticide Act (this subchapter), as amended by this Act
and as otherwise provided by this section, the amendments made by this
Act (see Short Title note set out below) shall take effect at the close
of the date of the enactment of this Act (Oct. 21, 1972), provided if
regulations are necessary for the implementation of any provision that
becomes effective on the date of enactment, such regulations shall be
promulgated and shall become effective within 90 days from the date of
enactment of this Act.
''(b) The provisions of the Federal Insecticide, Fungicide, and
Rodenticide Act (this subchapter) and the regulations thereunder as such
existed prior to the enactment of this Act shall remain in effect until
superseded by the amendments made by this Act and regulations
thereunder.
''(c)(1) Two years after the enactment of this Act the Administrator
shall have promulgated regulations providing for the registration and
classification of pesticides under the provisions of this Act and
thereafter shall register all new applications under such provisions.
''(2) Any requirements that a pesticide be registered for use only by
a certified applicator shall not be effective until five years from the
date of enactment of this Act.
''(3) A period of five years from date of enactment shall be provided
for certification of applicators.
''(A) One year after the enactment of this Act the Administrator
shall have prescribed the standards for the certification of
applicators.
''(B) Each State desiring to certify applicators shall submit a State
plan to the Administrator for the purpose provided by section 4(b).
''(C) As promptly as possible but in no event more than one year
after submission of a State plan, the Administrator shall approve the
State plan or disapprove it and indicate the reasons for disapproval.
Consideration of plans resubmitted by States shall be expedited.
''(4) One year after the enactment of this Act the Administrator
shall have promulgated and shall make effective regulations relating to
the registration of establishments, permits for experimental use, and
the keeping of books and records under the provisions of this Act.
''(d) No person shall be subject to any criminal or civil penalty
imposed by the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended by this Act, for any act (or failure to act) occurring before
the expiration of 60 days after the Administrator has published
effective regulations in the Federal Register and taken such other
action as may be necessary to permit compliance with the provisions
under which the penalty is to be imposed.
''(e) For purposes of determining any criminal or civil penalty or
liability to any third person in respect of any act or omission
occurring before the expiration of the periods referred to in this
section, the Federal Insecticide, Fungicide, and Rodenticide Act shall
be treated as continuing in effect as if this Act had not been
enacted.''
Section 1(a) of Pub. L. 100-532 provided that: ''This Act (enacting
section 136a-1 of this title, amending this section and sections 136a to
136d, 136f to 136q, 136s, 136v to 136w-2, and 136y of this title, and
enacting provisions set out as notes under this section and sections
136m and 136y of this title) may be cited as the 'Federal Insecticide,
Fungicide, and Rodenticide Act Amendments of 1988'.''
Section 29 of Pub. L. 95-396 provided that: ''This Act (enacting
sections 136w-1 to 136w-4 of this title, amending this section and
sections 136a to 136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to 136w,
136x, and 136y of this title, enacting provisions set out as notes under
sections 136a, 136o, and 136w-4 of this title, and amending provisions
set out as a note under this section) may be cited as the 'Federal
Pesticide Act of 1978'.''
Section 1 of Pub. L. 92-516 provided: ''That this Act (amending
this subchapter generally, enacting notes set out under this section,
and amending sections 1261 and 1471 of Title 15, Commerce and Trade, and
sections 321 and 346a of Title 21, Foods and Drugs) may be cited as the
'Federal Environmental Pesticide Control Act of 1972'.''
Section 1(a) of act June 25, 1947, as added by Pub. L. 92-516, 2,
provided that: ''This Act (enacting this subchapter) may be cited as
the 'Federal Insecticide, Fungicide, and Rodenticide Act'.''
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set
out as a note under section 4321 of Title 42, The Public Health and
Welfare.
07 USC 136a. Registration of pesticides
TITLE 7 -- AGRICULTURE
(a) Requirement of registration
Except as provided by this subchapter, no person in any State may
distribute or sell to any person any pesticide that is not registered
under this subchapter. To the extent necessary to prevent unreasonable
adverse effects on the environment, the Administrator may by regulation
limit the distribution, sale, or use in any State of any pesticide that
is not registered under this subchapter and that is not the subject of
an experimental use permit under section 136c of this title or an
emergency exemption under section 136p of this title.
(b) Exemptions
A pesticide which is not registered with the Administrator may be
transferred if --
(1) the transfer is from one registered establishment to another
registered establishment operated by the same producer solely for
packaging at the second establishment or for use as a constituent part
of another pesticide produced at the second establishment; or
(2) the transfer is pursuant to and in accordance with the
requirements of an experimental use permit.
(c) Procedure for registration
(1) Statement required
Each applicant for registration of a pesticide shall file with the
Administrator a statement which includes --
(A) the name and address of the applicant and of any other person
whose name will appear on the labeling;
(B) the name of the pesticide;
(C) a complete copy of the labeling of the pesticide, a statement of
all claims to be made for it, and any directions for its use;
(D) the complete formula of the pesticide;
(E) a request that the pesticide be classified for general use or for
restricted use, or for both; and
(F) except as otherwise provided in paragraph (2)(D), if requested by
the Administrator, a full description of the tests made and the results
thereof upon which the claims are based, or alternatively a citation to
data that appear in the public literature or that previously had been
submitted to the Administrator and that the Administrator may consider
in accordance with the following provisions:
(i) With respect to pesticides containing active ingredients that are
initially registered under this subchapter after September 30, 1978,
data submitted to support the application for the original registration
of the pesticide, or an application for an amendment adding any new use
to the registration and that pertains solely to such new use, shall not,
without the written permission of the original data submitter, be
considered by the Administrator to support an application by another
person during a period of ten years following the date the Administrator
first registers the pesticide, except that such permission shall not be
required in the case of defensive data.
(ii) Except as otherwise provided in clause (i), with respect to data
submitted after December 31, 1969, by an applicant or registrant to
support an application for registration, experimental use permit, or
amendment adding a new use to an existing registration, to support or
maintain in effect an existing registration, or for reregistration, the
Administrator may, without the permission of the original data
submitter, consider any such item of data in support of an application
by any other person (hereinafter in this subparagraph referred to as the
''applicant'') within the fifteen-year period following the date the
data were originally submitted only if the applicant has made an offer
to compensate the original data submitter and submitted such offer to
the Administrator accompanied by evidence of delivery to the original
data submitter of the offer. The terms and amount of compensation may
be fixed by agreement between the original data submitter and the
applicant, or, failing such agreement, binding arbitration under this
subparagraph. If, at the end of ninety days after the date of delivery
to the original data submitter of the offer to compensate, the original
data submitter and the applicant have neither agreed on the amount and
terms of compensation nor on a procedure for reaching an agreement on
the amount and terms of compensation, either person may initiate binding
arbitration proceedings by requesting the Federal Mediation and
Conciliation Service to appoint an arbitrator from the roster of
arbitrators maintained by such Service. The procedure and rules of the
Service shall be applicable to the selection of such arbitrator and to
such arbitration proceedings, and the findings and determination of the
arbitrator shall be final and conclusive, and no official or court of
the United States shall have power or jurisdiction to review any such
findings and determination, except for fraud, misrepresentation, or
other misconduct by one of the parties to the arbitration or the
arbitrator where there is a verified complaint with supporting
affidavits attesting to specific instances of such fraud,
misrepresentation, or other misconduct. The parties to the arbitration
shall share equally in the payment of the fee and expenses of the
arbitrator. If the Administrator determines that an original data
submitter has failed to participate in a procedure for reaching an
agreement or in an arbitration proceeding as required by this
subparagraph, or failed to comply with the terms of an agreement or
arbitration decision concerning compensation under this subparagraph,
the original data submitter shall forfeit the right to compensation for
the use of the data in support of the application. Notwithstanding any
other provision of this subchapter, if the Administrator determines that
an applicant has failed to participate in a procedure for reaching an
agreement or in an arbitration proceeding as required by this
subparagraph, or failed to comply with the terms of an agreement or
arbitration decision concerning compensation under this subparagraph,
the Administrator shall deny the application or cancel the registration
of the pesticide in support of which the data were used without further
hearing. Before the Administrator takes action under either of the
preceding two sentences, the Administrator shall furnish to the affected
person, by certified mail, notice of intent to take action and allow
fifteen days from the date of delivery of the notice for the affected
person to respond. If a registration is denied or canceled under this
subparagraph, the Administrator may make such order as the Administrator
deems appropriate concerning the continued sale and use of existing
stocks of such pesticide. Registration action by the Administrator
shall not be delayed pending the fixing of compensation.
(iii) After expiration of any period of exclusive use and any period
for which compensation is required for the use of an item of data under
clauses (i) and (ii), the Administrator may consider such item of data
in support of an application by any other applicant without the
permission of the original data submitter and without an offer having
been received to compensate the original data submitter for the use of
such item of data.
(2) Data in support of registration
(A) The Administrator shall publish guidelines specifying the kinds
of information which will be required to support the registration of a
pesticide and shall revise such guidelines from time to time. If
thereafter the Administrator requires any additional kind of information
under subparagraph (B) of this paragraph, the Administrator shall permit
sufficient time for applicants to obtain such additional information.
The Administrator, in establishing standards for data requirements for
the registration of pesticides with respect to minor uses, shall make
such standards commensurate with the anticipated extent of use, pattern
of use, and the level and degree of potential exposure of man and the
environment to the pesticide. The Administrator shall not require a
person to submit, in relation to a registration or reregistration of a
pesticide for minor agricultural use under this subchapter, any field
residue data from a geographic area where the pesticide will not be
registered for such use. In the development of these standards, the
Administrator shall consider the economic factors of potential national
volume of use, extent of distribution, and the impact of the cost of
meeting the requirements on the incentives for any potential registrant
to undertake the development of the required data. Except as provided
by section 136h of this title, within 30 days after the Administrator
registers a pesticide under this subchapter the Administrator shall make
available to the public the data called for in the registration
statement together with such other scientific information as the
Administrator deems relevant to the Administrator's decision.
(B)(i) If the Administrator determines that additional data are
required to maintain in effect an existing registration of a pesticide,
the Administrator shall notify all existing registrants of the pesticide
to which the determination relates and provide a list of such
registrants to any interested person.
(ii) Each registrant of such pesticide shall provide evidence within
ninety days after receipt of notification that it is taking appropriate
steps to secure the additional data that are required. Two or more
registrants may agree to develop jointly, or to share in the cost of
developing, such data if they agree and advise the Administrator of
their intent within ninety days after notification. Any registrant who
agrees to share in the cost of producing the data shall be entitled to
examine and rely upon such data in support of maintenance of such
registration. The Administrator shall issue a notice of intent to
suspend the registration of a pesticide in accordance with the
procedures prescribed by clause (iv) if a registrant fails to comply
with this clause.
(iii) If, at the end of sixty days after advising the Administrator
of their agreement to develop jointly, or share in the cost of
developing, data, the registrants have not further agreed on the terms
of the data development arrangement or on a procedure for reaching such
agreement, any of such registrants may initiate binding arbitration
proceedings by requesting the Federal Mediation and Conciliation Service
to appoint an arbitrator from the roster of arbitrators maintained by
such Service. The procedure and rules of the Service shall be
applicable to the selection of such arbitrator and to such arbitration
proceedings, and the findings and determination of the arbitrator shall
be final and conclusive, and no official or court of the United States
shall have power or jurisdiction to review any such findings and
determination, except for fraud, misrepresentation, or other misconduct
by one of the parties to the arbitration or the arbitrator where there
is a verified complaint with supporting affidavits attesting to specific
instances of such fraud, misrepresentation, or other misconduct. All
parties to the arbitration shall share equally in the payment of the fee
and expenses of the arbitrator. The Administrator shall issue a notice
of intent to suspend the registration of a pesticide in accordance with
the procedures prescribed by clause (iv) if a registrant fails to comply
with this clause.
(iv) Notwithstanding any other provision of this subchapter, if the
Administrator determines that a registrant, within the time required by
the Administrator, has failed to take appropriate steps to secure the
data required under this subparagraph, to participate in a procedure for
reaching agreement concerning a joint data development arrangement under
this subparagraph or in an arbitration proceeding as required by this
subparagraph, or to comply with the terms of an agreement or arbitration
decision concerning a joint data development arrangement under this
subparagraph, the Administrator may issue a notice of intent to suspend
such registrant's registration of the pesticide for which additional
data is required. The Administrator may include in the notice of intent
to suspend such provisions as the Administrator deems appropriate
concerning the continued sale and use of existing stocks of such
pesticide. Any suspension proposed under this subparagraph shall become
final and effective at the end of thirty days from receipt by the
registrant of the notice of intent to suspend, unless during that time a
request for hearing is made by a person adversely affected by the notice
or the registrant has satisfied the Administrator that the registrant
has complied fully with the requirements that served as a basis for the
notice of intent to suspend. If a hearing is requested, a hearing shall
be conducted under section 136d(d) of this title. The only matters for
resolution at that hearing shall be whether the registrant has failed to
take the action that served as the basis for the notice of intent to
suspend the registration of the pesticide for which additional data is
required, and whether the Administrator's determination with respect to
the disposition of existing stocks is consistent with this subchapter.
If a hearing is held, a decision after completion of such hearing shall
be final. Notwithstanding any other provision of this subchapter, a
hearing shall be held and a determination made within seventy-five days
after receipt of a request for such hearing. Any registration suspended
under this subparagraph shall be reinstated by the Administrator if the
Administrator determines that the registrant has complied fully with the
requirements that served as a basis for the suspension of the
registration.
(v) Any data submitted under this subparagraph shall be subject to
the provisions of paragraph (1)(D). Whenever such data are submitted
jointly by two or more registrants, an agent shall be agreed on at the
time of the joint submission to handle any subsequent data compensation
matters for the joint submitters of such data.
(C) Within nine months after September 30, 1978, the Administrator
shall, by regulation, prescribe simplified procedures for the
registration of pesticides, which shall include the provisions of
subparagraph (D) of this paragraph.
(D) Exemption. -- No applicant for registration of a pesticide who
proposes to purchase a registered pesticide from another producer in
order to formulate such purchased pesticide into the pesticide that is
the subject of the application shall be required to --
(i) submit or cite data pertaining to such purchased product; or
(ii) offer to pay reasonable compensation otherwise required by
paragraph (1)(D) of this subsection for the use of any such data.
(3) Application
(A) The Administrator shall review the data after receipt of the
application and shall, as expeditiously as possible, either register the
pesticide in accordance with paragraph (5), or notify the applicant of
the Administrator's determination that it does not comply with the
provisions of the subchapter in accordance with paragraph (6).
(B)(i) The Administrator shall, as expeditiously as possible, review
and act on any application received by the Administrator that --
(I) proposes the initial or amended registration of an end-use
pesticide that, if registered as proposed, would be identical or
substantially similar in composition and labeling to a
currently-registered pesticide identified in the application, or that
would differ in composition and labeling from such currently-registered
pesticide only in ways that would not significantly increase the risk of
unreasonable adverse effects on the environment; or
(II) proposes an amendment to the registration of a registered
pesticide that does not require scientific review of data.
(ii) In expediting the review of an application for an action
described in clause (i), the Administrator shall --
(I) within 45 days after receiving the application, notify the
registrant whether or not the application is complete and, if the
application is found to be incomplete, reject the application;
(II) within 90 days after receiving a complete application, notify
the registrant if the application has been granted or denied; and
(III) if the application is denied, notify the registrant in writing
of the specific reasons for the denial of the application.
(4) Notice of application
The Administrator shall publish in the Federal Register, promptly
after receipt of the statement and other data required pursuant to
paragraphs (1) and (2), a notice of each application for registration of
any pesticide if it contains any new active ingredient or if it would
entail a changed use pattern. The notice shall provide for a period of
30 days in which any Federal agency or any other interested person may
comment.
(5) Approval of registration
The Administrator shall register a pesticide if the Administrator
determines that, when considered with any restrictions imposed under
subsection (d) of this section --
(A) its composition is such as to warrant the proposed claims for it;
(B) its labeling and other material required to be submitted comply
with the requirements of this subchapter;
(C) it will perform its intended function without unreasonable
adverse effects on the environment; and
(D) when used in accordance with widespread and commonly recognized
practice it will not generally cause unreasonable adverse effects on the
environment.
The Administrator shall not make any lack of essentiality a criterion
for denying registration of any pesticide. Where two pesticides meet
the requirements of this paragraph, one should not be registered in
preference to the other. In considering an application for the
registration of a pesticide, the Administrator may waive data
requirements pertaining to efficacy, in which event the Administrator
may register the pesticide without determining that the pesticide's
composition is such as to warrant proposed claims of efficacy. If a
pesticide is found to be efficacious by any State under section 136v(c)
of this title, a presumption is established that the Administrator shall
waive data requirements pertaining to efficacy for use of the pesticide
in such State.
(6) Denial of registration
If the Administrator determines that the requirements of paragraph
(5) for registration are not satisfied, the Administrator shall notify
the applicant for registration of the Administrator's determination and
of the Administrator's reasons (including the factual basis) therefor,
and that, unless the applicant corrects the conditions and notifies the
Administrator thereof during the 30-day period beginning with the day
after the date on which the applicant receives the notice, the
Administrator may refuse to register the pesticide. Whenever the
Administrator refuses to register a pesticide, the Administrator shall
notify the applicant of the Administrator's decision and of the
Administrator's reasons (including the factual basis) therefor. The
Administrator shall promptly publish in the Federal Register notice of
such denial of registration and the reasons therefor. Upon such
notification, the applicant for registration or other interested person
with the concurrence of the applicant shall have the same remedies as
provided for in section 136d of this title.
(7) Registration under special circumstances
Notwithstanding the provisions of paragraph (5) --
(A) The Administrator may conditionally register or amend the
registration of a pesticide if the Administrator determines that (i) the
pesticide and proposed use are identical or substantially similar to any
currently registered pesticide and use thereof, or differ only in ways
that would not significantly increase the risk of unreasonable adverse
effects on the environment, and (ii) approving the registration or
amendment in the manner proposed by the applicant would not
significantly increase the risk of any unreasonable adverse effect on
the environment. An applicant seeking conditional registration or
amended registration under this subparagraph shall submit such data as
would be required to obtain registration of a similar pesticide under
paragraph (5). If the applicant is unable to submit an item of data
because it has not yet been generated, the Administrator may register or
amend the registration of the pesticide under such conditions as will
require the submission of such data not later than the time such data
are required to be submitted with respect to similar pesticides already
registered under this subchapter.
(B) The Administrator may conditionally amend the registration of a
pesticide to permit additional uses of such pesticide notwithstanding
that data concerning the pesticide may be insufficient to support an
unconditional amendment, if the Administrator determines that (i) the
applicant has submitted satisfactory data pertaining to the proposed
additional use, and (ii) amending the registration in the manner
proposed by the applicant would not significantly increase the risk of
any unreasonable adverse effect on the environment. Notwithstanding the
foregoing provisions of this subparagraph, no registration of a
pesticide may be amended to permit an additional use of such pesticide
if the Administrator has issued a notice stating that such pesticide, or
any ingredient thereof, meets or exceeds risk criteria associated in
whole or in part with human dietary exposure enumerated in regulations
issued under this subchapter, and during the pendency of any
risk-benefit evaluation initiated by such notice, if (I) the additional
use of such pesticide involves a major food or feed crop, or (II) the
additional use of such pesticide involves a minor food or feed crop and
the Administrator determines, with the concurrence of the Secretary of
Agriculture, there is available an effective alternative pesticide that
does not meet or exceed such risk criteria. An applicant seeking
amended registration under this subparagraph shall submit such data as
would be required to obtain registration of a similar pesticide under
paragraph (5). If the applicant is unable to submit an item of data
(other than data pertaining to the proposed additional use) because it
has not yet been generated, the Administrator may amend the registration
under such conditions as will require the submission of such data not
later than the time such data are required to be submitted with respect
to similar pesticides already registered under this subchapter.
(C) The Administrator may conditionally register a pesticide
containing an active ingredient not contained in any currently
registered pesticide for a period reasonably sufficient for the
generation and submission of required data (which are lacking because a
period reasonably sufficient for generation of the data has not elapsed
since the Administrator first imposed the data requirement) on the
condition that by the end of such period the Administrator receives such
data and the data do not meet or exceed risk criteria enumerated in
regulations issued under this subchapter, and on such other conditions
as the Administrator may prescribe. A conditional registration under
this subparagraph shall be granted only if the Administrator determines
that use of the pesticide during such period will not cause any
unreasonable adverse effect on the environment, and that use of the
pesticide is in the public interest.
(8) Interim administrative review
Notwithstanding any other provision of this subchapter, the
Administrator may not initiate a public interim administrative review
process to develop a risk-benefit evaluation of the ingredients of a
pesticide or any of its uses prior to initiating a formal action to
cancel, suspend, or deny registration of such pesticide, required under
this subchapter, unless such interim administrative process is based on
a validated test or other significant evidence raising prudent concerns
of unreasonable adverse risk to man or to the environment. Notice of
the definition of the terms ''validated test'' and ''other significant
evidence'' as used herein shall be published by the Administrator in the
Federal Register.
(d) Classification of pesticides
(1) Classification for general use, restricted use, or both
(A) As a part of the registration of a pesticide the Administrator
shall classify it as being for general use or for restricted use. If
the Administrator determines that some of the uses for which the
pesticide is registered should be for general use and that other uses
for which it is registered should be for restricted use, the
Administrator shall classify it for both general use and restricted use.
Pesticide uses may be classified by regulation on the initial
classification, and registered pesticides may be classified prior to
reregistration. If some of the uses of the pesticide are classified for
general use, and other uses are classified for restricted use, the
directions relating to its general uses shall be clearly separated and
distinguished from those directions relating to its restricted uses.
The Administrator may require that its packaging and labeling for
restricted uses shall be clearly distinguishable from its packaging and
labeling for general uses.
(B) If the Administrator determines that the pesticide, when applied
in accordance with its directions for use, warnings and cautions and for
the uses for which it is registered, or for one or more of such uses, or
in accordance with a widespread and commonly recognized practice, will
not generally cause unreasonable adverse effects on the environment, the
Administrator will classify the pesticide, or the particular use or uses
of the pesticide to which the determination applies, for general use.
(C) If the Administrator determines that the pesticide, when applied
in accordance with its directions for use, warnings and cautions and for
the uses for which it is registered, or for one or more of such uses, or
in accordance with a widespread and commonly recognized practice, may
generally cause, without additional regulatory restrictions,
unreasonable adverse effects on the environment, including injury to the
applicator, the Administrator shall classify the pesticide, or the
particular use or uses to which the determination applies, for
restricted use:
(i) If the Administrator classifies a pesticide, or one or more uses
of such pesticide, for restricted use because of a determination that
the acute dermal or inhalation toxicity of the pesticide presents a
hazard to the applicator or other persons, the pesticide shall be
applied for any use to which the restricted classification applies only
by or under the direct supervision of a certified applicator.
(ii) If the Administrator classifies a pesticide, or one or more uses
of such pesticide, for restricted use because of a determination that
its use without additional regulatory restriction may cause unreasonable
adverse effects on the environment, the pesticide shall be applied for
any use to which the determination applies only by or under the direct
supervision of a certified applicator, or subject to such other
restrictions as the Administrator may provide by regulation. Any such
regulation shall be reviewable in the appropriate court of appeals upon
petition of a person adversely affected filed within 60 days of the
publication of the regulation in final form.
(2) Change in classification
If the Administrator determines that a change in the classification
of any use of a pesticide from general use to restricted use is
necessary to prevent unreasonable adverse effects on the environment,
the Administrator shall notify the registrant of such pesticide of such
determination at least forty-five days before making the change and
shall publish the proposed change in the Federal Register. The
registrant, or other interested person with the concurrence of the
registrant, may seek relief from such determination under section
136d(b) of this title.
(3) Change in classification from restricted use to general use
The registrant of any pesticide with one or more uses classified for
restricted use may petition the Administrator to change any such
classification from restricted to general use. Such petition shall set
out the basis for the registrant's position that restricted use
classification is unnecessary because classification of the pesticide
for general use would not cause unreasonable adverse effects on the
environment. The Administrator, within sixty days after receiving such
petition, shall notify the registrant whether the petition has been
granted or denied. Any denial shall contain an explanation therefor and
any such denial shall be subject to judicial review under section 136n
of this title.
(e) Products with same formulation and claims
Products which have the same formulation, are manufactured by the
same person, the labeling of which contains the same claims, and the
labels of which bear a designation identifying the product as the same
pesticide may be registered as a single pesticide; and additional names
and labels shall be added to the registration by supplemental
statements.
(f) Miscellaneous
(1) Effect of change of labeling or formulation
If the labeling or formulation for a pesticide is changed, the
registration shall be amended to reflect such change if the
Administrator determines that the change will not violate any provision
of this subchapter.
(2) Registration not a defense
In no event shall registration of an article be construed as a
defense for the commission of any offense under this subchapter. As
long as no cancellation proceedings are in effect registration of a
pesticide shall be prima facie evidence that the pesticide, its labeling
and packaging comply with the registration provisions of the subchapter.
(3) Authority to consult other Federal agencies
In connection with consideration of any registration or application
for registration under this section, the Administrator may consult with
any other Federal agency.
(June 25, 1947, ch. 125, 3, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 979; amended Nov. 28, 1975, Pub. L. 94-140, 12, 89 Stat.
755; Sept. 30, 1978, Pub. L. 95-396, 2(a), 3-8, 92 Stat. 820,
824-827; Oct. 25, 1988, Pub. L. 100-532, title I, 102(b), 103, title
VI, 601(b)(1), title VIII, 801(b), 102 Stat. 2667, 2677, 2680; Nov.
28, 1990, Pub. L. 101-624, title XIV, 1492, 104 Stat. 3628; Dec. 13,
1991, Pub. L. 102-237, title X, 1006(a)(3), (b)(1), (2), (c), 105 Stat.
1894-1896.)
A prior section 3 of act June 25, 1947, was classified to section
135a of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (c)(1)(D). Pub. L. 102-237, 1006(a)(3)(B), (C),
added subpar. (D) and redesignated former subpar. (D) as (F).
Subsec. (c)(1)(E). Pub. L. 102-237, 1006(a)(3)(A), (C), added
subpar. (E) and struck out former subpar. (E) which read as follows:
''the complete formula of the pesticide; and''.
Subsec. (c)(1)(F). Pub. L. 102-237, 1006(a)(3)(A), (B), (D),
redesignated former subpar. (D) as (F), in cl. (i) substituted
''With'' for ''with'' and a period for semicolon at end, in cl. (ii)
substituted ''Except'' for ''except'' and a period for semicolon at end,
in cl. (iii) substituted ''After'' for ''after'' and a period for
semicolon at end, and struck out former subpar. (F) which read as
follows: ''a request that the pesticide be classified for general use,
for restricted use, or for both.''
Subsec. (c)(2)(A). Pub. L. 102-237, 1006(b)(1), (2), substituted
''the Administrator'' for ''he'' before ''requires'', ''shall permit'',
''shall make'', and ''deems'', and substituted ''the Administrator's''
for ''his''.
Subsec. (c)(2)(D). Pub. L. 102-237, 1006(c), clarified amendment
made by Pub. L. 100-532, 102(b)(2)(A). See 1988 Amendment note below.
Subsec. (c)(3)(A). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his''.
Subsec. (c)(5). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''determines''.
Subsec. (c)(6). Pub. L. 102-237, 1006(b)(1), (2), substituted ''the
Administrator'' for ''he'' before ''shall notify'' in two places and
''the Administrator's'' for ''his'' in four places.
Subsec. (d)(1). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''shall classify it for both'' in
subpar. (A), before ''will classify'' in subpar. (B), and before
''shall classify'' in subpar. (C).
Subsec. (d)(2). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''shall notify''.
1990 -- Subsec. (c)(2)(A). Pub. L. 101-624 inserted after third
sentence ''The Administrator shall not require a person to submit, in
relation to a registration or reregistration of a pesticide for minor
agricultural use under this subchapter, any field residue data from a
geographic area where the pesticide will not be registered for such
use.''
1988 -- Subsec. (a). Pub. L. 100-532, 601(b)(1), substituted
''Requirement of registration'' for ''Requirement'' in heading and
amended text generally. Prior to amendment, text read as follows:
''Except as otherwise provided by this subchapter, no person in any
State may distribute, sell, offer for sale, hold for sale, ship, deliver
for shipment, or receive and (having so received) deliver or offer to
deliver, to any person any pesticide which is not registered with the
Administrator.''
Subsec. (c)(1)(D). Pub. L. 100-532, 801(b)(1)-(4), in introductory
provisions, substituted ''paragraph (2)(D)'' for ''subsection (c)(2)(D)
of this section'', in cl. (i), substituted ''(i) with'' for ''(i)
With'' and '', except that'' for '': Provided, That'', in cl. (ii),
substituted ''clause (i)'' for ''subparagraph (D)(i) of this
paragraph'', and in cl. (iii), substituted ''clauses (i) and (ii)'' for
''subparagraphs (D)(i) and (D)(ii) of this paragraph''.
Subsec. (c)(2)(A). Pub. L. 100-532, 801(b)(5)(A), (B), substituted
''(2) Data in support of registration. --
''(A) The''
for ''(2)(A) Data in support of registration. -- The'', and directed
that subpar. (A) be aligned with left margin of subsec. (d)(1)(A) of
this section.
Subsec. (c)(2)(B). Pub. L. 100-532, 102(b)(1), 801(b)(5)(C)-(F),
substituted ''(B)(i) If'' for ''(B) Additional data to support existing
registration. -- (i) If'', directed that cls. (ii) to (v) be aligned
with left margin of subpar. (A), in cls. (ii) and (iii), inserted
''The Administrator shall issue a notice of intent to suspend the
registration of a pesticide in accordance with the procedures prescribed
by clause (iv) if a registrant fails to comply with this clause.'', in
cl. (iv), substituted ''title. The only'' for ''title: Provided, that
the only'', and in cl. (v), substituted ''paragraph (1)(D)'' for
''subsection (c)(1)(D) of this section''.
Subsec. (c)(2)(C). Pub. L. 100-532, 801(b)(5)(G), (H), struck out
''Simplified procedures'' after ''(C)'' and directed that text be
aligned with left margin of subpar. (A).
Subsec. (c)(2)(D). Pub. L. 100-532, 102(b)(2)(A), and Pub. L.
102-237, 1006(c), substituted ''the pesticide that is the subject of
the application'' for ''an end-use product''.
Subsec. (c)(2)(D)(i). Pub. L. 100-532, 102(b)(2)(B), struck out
''the safety of'' after ''data pertaining to''.
Subsec. (c)(3). Pub. L. 100-532, 103, substituted ''(A) The
Administrator'' for ''The Administrator'' and added subpar. (B).
Subsec. (c)(7). Pub. L. 100-532, 801(b)(6), in introductory
provisions, substituted ''paragraph (5)'' for ''subsection (c)(5) of
this section'', in subpars. (A) and (B), substituted ''paragraph (5).
If'' for ''subsection (c)(5) of this section: Provided, That, if'', and
in subpar. (C), substituted ''prescribe. A'' for ''prescribe:
Provided, that a''.
Subsec. (d)(1)(A). Pub. L. 100-532, 801(b)(7), substituted
''restricted use. If'' for ''restricted use, provided that if'' and
''restricted uses. The Administrator'' for ''restricted uses:
Provided, however, That the Administrator''.
Subsec. (f)(2). Pub. L. 100-532, 801(b)(8), substituted ''this
subchapter. As'' for ''this subchapter: Provided, That as''.
Subsec. (g). Pub. L. 100-532, 801(b)(9), struck out subsec. (g)
which read as follows: ''The Administrator shall accomplish the
reregistration of all pesticides in the most expeditious manner
practicable: Provided, That, to the extent appropriate, any pesticide
that results in a postharvest residue in or on food or feed crops shall
be given priority in the reregistration process.''
1978 -- Subsec. (c)(1)(D). Pub. L. 95-396, 2(a)(1), added subpar.
(D), and struck out provisions which required the applicant for
registration of a pesticide to file with the Administrator a statement
containing ''if requested by the Administrator, a full description of
the tests made and the results thereof upon which the claims are based,
except that data submitted on or after January 1, 1970, in support of an
application shall not, without permission of the applicant, be
considered by the Administrator in support of any other application for
registration unless such other applicant shall have first offered to pay
reasonable compensation for producing the test data to be relied upon
and such data is not protected from disclosure by section 136h(b) of
this title. This provision with regard to compensation for producing
the test data to be relied upon shall apply with respect to all
applications for registration or reregistration submitted on or after
October 21, 1972. If the parties cannot agree on the amount and method
of payment, the Administrator shall make such determination and may fix
such other terms and conditions as may be reasonable under the
circumstances. The Administrator's determination shall be made on the
record after notice and opportunity for hearing. If either party does
not agree with said determination, he may, within thirty days, take an
appeal to the Federal district court for the district in which he
resides with respect to either the amount of the payment or the terms of
payment, or both. Registration shall not be delayed pending the
determination of reasonable compensation between the applicants, by the
Administrator or by the court.''.
Subsec. (c)(2). Pub. L. 95-396, 2(a)(2)(A)-(D), 3, 4, designated
existing provisions as subpar. (A), inserted in second sentence ''under
subparagraph (B) of this paragraph'' after ''kind of information'',
struck out from introductory text of third sentence ''subsection
(c)(1)(D) of this section and'' after ''Except as provided by'', and
inserted provisions relating to establishment of standards for data
requirements for registration of pesticides with respect to minor uses
and consideration of economic factors in development of standards and
cost of development, and added subpars. (B) to (D).
Subsec. (c)(5). Pub. L. 95-396, 5, provided for waiver of data
requirements pertaining to efficacy.
Subsec. (c)(7), (8). Pub. L. 95-396, 6, added pars. (7) and (8).
Subsec. (d)(1)(A). Pub. L. 95-396, 7(1), authorized classification
of pesticide uses by regulation on the initial classification and
registered pesticides prior to reregistration.
Subsec. (d)(2). Pub. L. 95-396, 7(2), substituted ''forty-five
days'' for ''30 days''.
Subsec. (d)(3). Pub. L. 95-396, 7(3), added par. (3).
Subsec. (g). Pub. L. 95-396, 8, added subsec. (g).
1975 -- Subsec. (c)(1)(D). Pub. L. 94-140 inserted exception
relating to test data submitted on or after January 1, 1970, in support
of application, inserted provision that compensation for producing test
data shall apply to all applications submitted on or after October 21,
1972, and provision relating to delay of registration pending
determination of reasonable compensation, struck out requirement that
payment determined by court not be less than amount determined by
Administrator, and substituted ''If either party'' for ''If the owner of
the test data''.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Section 2(b) of Pub. L. 95-396 provided that: ''The amendment to
section 3(c)(1)(D) of the Federal Insecticide, Fungicide, and
Rodenticide Act (subsec. (c)(1)(D) of this section) made by (subsec.
(a)(1) of) this section shall apply with respect to all applications for
registration approved after the date of enactment of this Act (Sept. 30,
1978).''
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
Section 1498 of Pub. L. 101-624 provided that:
''(a) Study. -- Not later than September 30, 1992, the National
Academy of Sciences shall conduct a study of the biological control
programs and registration procedures utilized by the Food and Drug
Administration, the Animal and Plant Health Inspection Service, and the
Environmental Protection Agency.
''(b) Development of Procedures. -- Not later than 1 year after the
completion of the study under subsection (a), the agencies and offices
described in such subsection shall develop and implement a common
process for reviewing and approving biological control applications that
are submitted to such agencies and offices that shall be based on the
study conducted under such subsection and the recommendation of the
National Academy of Sciences, and other public comment.''
Pub. L. 100-478, title I, 1010, Oct. 7, 1988, 102 Stat. 2313,
provided that:
''(a) Education. -- The Administrator of the Environmental Protection
Agency in cooperation with the Secretary of Agriculture and the
Secretary of the Interior, promptly upon enactment of this Act (Oct. 7,
1988), shall conduct a program to inform and educate fully persons
engaged in agricultural food and fiber commodity production of any
proposed pesticide labeling program or requirements that may be imposed
by the Administrator in compliance with the Endangered Species Act (16
U.S.C. 1531 et seq.). The Administrator also shall provide the public
with notice of, and opportunity for comment on, the elements of any such
program and requirements based on compliance with the Endangered Species
Act, including (but not limited to) an identification of any pesticides
affected by the program; an explanation of the restriction or
prohibition on the user or applicator of any such pesticide; an
identification of those geographic areas affected by any pesticide
restriction or prohibition; an identification of the effects of any
restricted or prohibited pesticide on endangered or threatened species;
and an identification of the endangered or threatened species along with
a general description of the geographic areas in which such species are
located wherein the application of a pesticide will be restricted,
prohibited, or its use otherwise limited, unless the Secretary of the
Interior determines that the disclosure of such information may create a
substantial risk of harm to such species or its habitat.
''(b) Study. -- The Administrator of the Environmental Protection
Agency, jointly with the Secretary of Agriculture and the Secretary of
the Interior, shall conduct a study to identify reasonable and prudent
means available to the Administrator to implement the endangered species
pesticides labeling program which would comply with the Endangered
Species Act of 1973, as amended, and which would allow persons to
continue production of agricultural food and fiber commodities. Such
study shall include investigation by the Administrator of the best
available methods to develop maps and the best available alternatives to
mapping as means of identifying those circumstances in which use of
pesticides may be restricted; identification of alternatives to
prohibitions on pesticide use, including, but not limited to,
alternative pesticides and application methods and other agricultural
practices which can be used in lieu of any pesticides whose use may be
restricted by the labeling program; examination of methods to improve
coordination among the Environmental Protection Agency, Department of
Agriculture, and Department of the Interior in administration of the
labeling program; and analysis of the means of implementing the
endangered species pesticides labeling program or alternatives to such a
program, if any, to promote the conservation of endangered or threatened
species and to minimize the impacts to persons engaged in agricultural
food and fiber commodity production and other affected pesticide users
and applicators.
''(c) Report. -- The Administrator of the Environmental Protection
Agency in cooperation with the Secretary of Agriculture and the
Secretary of the Interior shall submit a report within one year of the
date of enactment of this Act (Oct. 7, 1988), presenting the results of
the study conducted pursuant to subsection (b) of this section to the
Committee on Merchant Marine and Fisheries and the Committee on
Agriculture of the United States House of Representatives, and the
Committee on Environment and Public Works and the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate.''
07 USC 136a-1. Reregistration of registered pesticides
TITLE 7 -- AGRICULTURE
(a) General rule
The Administrator shall reregister, in accordance with this section,
each registered pesticide containing any active ingredient contained in
any pesticide first registered before November 1, 1984, except for any
pesticide as to which the Administrator has determined, after November
1, 1984, and before the effective date of this section, that --
(1) there are no outstanding data requirements; and
(2) the requirements of section 136a(c)(5) of this title have been
satisfied.
(b) Reregistration phases
Reregistrations of pesticides under this section shall be carried out
in the following phases:
(1) The first phase shall include the listing under subsection (c) of
this section of the active ingredients of the pesticides that will be
reregistered.
(2) The second phase shall include the submission to the
Administrator under subsection (d) of this section of notices by
registrants respecting their intention to seek reregistration,
identification by registrants of missing and inadequate data for such
pesticides, and commitments by registrants to replace such missing or
inadequate data within the applicable time period.
(3) The third phase shall include submission to the Administrator by
registrants of the information required under subsection (e) of this
section.
(4) The fourth phase shall include an independent, initial review by
the Administrator under subsection (f) of this section of submissions
under phases two and three, identification of outstanding data
requirements, and the issuance, as necessary, of requests for additional
data.
(5) The fifth phase shall include the review by the Administrator
under subsection (g) of this section of data submitted for
reregistration and appropriate regulatory action by the Administrator.
(c) Phase one
(1) Priority for reregistration
For purposes of the reregistration of the pesticides described in
subsection (a) of this section, the Administrator shall list the active
ingredients of pesticides and shall give priority to, among others,
active ingredients (other than active ingredients for which registration
standards have been issued before the effective date of this section)
that --
(A) are in use on or in food or feed and may result in postharvest
residues;
(B) may result in residues of potential toxicological concern in
potable ground water, edible fish, or shellfish;
(C) have been determined by the Administrator before the effective
date of this section to have significant outstanding data requirements;
or
(D) are used on crops, including in greenhouses and nurseries, where
worker exposure is most likely to occur.
(2) Reregistration lists
For purposes of reregistration under this section, the Administrator
shall by order --
(A) not later than 70 days after the effective date of this section,
list pesticide active ingredients for which registration standards have
been issued before such effective date;
(B) not later than 4 months after such effective date, list the first
150 pesticide active ingredients, as determined under paragraph (1);
(C) not later than 7 months after such effective date, list the
second 150 pesticide active ingredients, as determined under paragraph
(1); and
(D) not later than 10 months after such effective date, list the
remainder of the pesticide active ingredients, as determined under
paragraph (1).
Each list shall be published in the Federal Register.
(3) Judicial review
The content of a list issued by the Administrator under paragraph (2)
shall not be subject to judicial review.
(4) Notice to registrants
On the publication of a list of pesticide active ingredients under
paragraph (2), the Administrator shall send by certified mail to the
registrants of the pesticides containing such active ingredients a
notice of the time by which the registrants are to notify the
Administrator under subsection (d) of this section whether the
registrants intend to seek or not to seek reregistration of such
pesticides.
(d) Phase two
(1) In general
The registrant of a pesticide that contains an active ingredient
listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this
section shall submit to the Administrator, within the time period
prescribed by paragraph (4), the notice described in paragraph (2) and
any information, commitment, or offer described in paragraph (3).
(2) Notice of intent to seek or not to seek reregistration
(A) The registrant of a pesticide containing an active ingredient
listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this
section shall notify the Administrator by certified mail whether the
registrant intends to seek or does not intend to seek reregistration of
the pesticide.
(B) If a registrant submits a notice under subparagraph (A) of an
intention not to seek reregistration of a pesticide, the Administrator
shall publish a notice in the Federal Register stating that such a
notice has been submitted.
(3) Missing or inadequate data
Each registrant of a pesticide that contains an active ingredient
listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this
section and for which the registrant submitted a notice under paragraph
(2) of an intention to seek reregistration of such pesticide shall
submit to the Administrator --
(A) in accordance with regulations issued by the Administrator under
section 136a of this title, an identification of --
(i) all data that are required by regulation to support the
registration of the pesticide with respect to such active ingredient;
(ii) data that were submitted by the registrant previously in support
of the registration of the pesticide that are inadequate to meet such
regulations; and
(iii) data identified under clause (i) that have not been submitted
to the Administrator; and
(B) either --
(i) a commitment to replace the data identified under subparagraph
(A)(ii) and submit the data identified under subparagraph (A)(iii)
within the applicable time period prescribed by paragraph (4)(B); or
(ii) an offer to share in the cost to be incurred by a person who has
made a commitment under clause (i) to replace or submit the data and an
offer to submit to arbitration as described by section 136a(c)(2)(B) of
this title with regard to such cost sharing.
For purposes of a submission by a registrant under subparagraph
(A)(ii), data are inadequate if the data are derived from a study with
respect to which the registrant is unable to make the certification
prescribed by subsection (e)(1)(G) of this section that the registrant
possesses or has access to the raw data used in or generated by such
study. For purposes of a submission by a registrant under such
subparagraph, data shall be considered to be inadequate if the data are
derived from a study submitted before January 1, 1970, unless it is
demonstrated to the satisfaction of the Administrator that such data
should be considered to support the registration of the pesticide that
is to be reregistered.
(4) Time periods
(A) A submission under paragraph (2) or (3) shall be made --
(i) in the case of a pesticide containing an active ingredient listed
under subsection (c)(2)(B) of this section, not later than 3 months
after the date of publication of the listing of such active ingredient;
(ii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(C) of this section, not later than 3
months after the date of publication of the listing of such active
ingredient; and
(iii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(D) of this section, not later than 3
months after the date of publication of the listing of such active
ingredient.
On application, the Administrator may extend a time period prescribed
by this subparagraph if the Administrator determines that factors beyond
the control of the registrant prevent the registrant from complying with
such period.
(B) A registrant shall submit data in accordance with a commitment
entered into under paragraph (3)(B) within a reasonable period of time,
as determined by the Administrator, but not more than 48 months after
the date the registrant submitted the commitment. The Administrator, on
application of a registrant, may extend the period prescribed by the
preceding sentence by no more than 2 years if extraordinary
circumstances beyond the control of the registrant prevent the
registrant from submitting data within such prescribed period.
(5) Cancellation and removal
(A) If the registrant of a pesticide does not submit a notice under
paragraph (2) or (3) within the time prescribed by paragraph (4)(A), the
Administrator shall issue a notice of intent to cancel the registration
of such registrant for such pesticide and shall publish the notice in
the Federal Register and allow 60 days for the submission of comments on
the notice. On expiration of such 60 days, the Administrator, by order
and without a hearing, may cancel the registration or take such other
action, including extension of applicable time periods, as may be
necessary to enable reregistration of such pesticide by another person.
(B)(i) If --
(I) no registrant of a pesticide containing an active ingredient
listed under subsection (c)(2) of this section notifies the
Administrator under paragraph (2) that the registrant intends to seek
reregistration of any pesticide containing that active ingredient;
(II) no such registrant complies with paragraph (3)(A); or
(III) no such registrant makes a commitment under paragraph (3)(B) to
replace or submit all data described in clauses (ii) and (iii) of
paragraph (3)(A);
the Administrator shall publish in the Federal Register a notice of
intent to remove the active ingredient from the list established under
subsection (c)(2) of this section and a notice of intent to cancel the
registrations of all pesticides containing such active ingredient and
shall provide 60 days for comment on such notice.
(ii) After the 60-day period has expired, the Administrator, by
order, may cancel any such registration without hearing, except that the
Administrator shall not cancel a registration under this subparagraph if
--
(I) during the comment period a person acquires the rights of the
registrant in that registration;
(II) during the comment period that person furnishes a notice of
intent to reregister the pesticide in accordance with paragraph (2);
and
(III) not later than 120 days after the publication of the notice
under this subparagraph, that person has complied with paragraph (3) and
the fee prescribed by subsection (i)(1) of this section has been paid.
(6) Suspensions and penalties
The Administrator shall issue a notice of intent to suspend the
registration of a pesticide in accordance with the procedures prescribed
by section 136a(c)(2)(B)(iv) of this title if the Administrator
determines that (A) progress is insufficient to ensure the submission of
the data required for such pesticide under a commitment made under
paragraph (3)(B) within the time period prescribed by paragraph (4)(B)
or (B) the registrant has not submitted such data to the Administrator
within such time period.
(e) Phase three
(1) Information about studies
Each registrant of a pesticide that contains an active ingredient
listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this
section who has submitted a notice under subsection (d)(2) of this
section of an intent to seek the reregistration of such pesticide shall
submit, in accordance with the guidelines issued under paragraph (4), to
the Administrator --
(A) a summary of each study concerning the active ingredient
previously submitted by the registrant in support of the registration of
a pesticide containing such active ingredient and considered by the
registrant to be adequate to meet the requirements of section 136a of
this title and the regulations issued under such section;
(B) a summary of each study concerning the active ingredient
previously submitted by the registrant in support of the registration of
a pesticide containing such active ingredient that may not comply with
the requirements of section 136a of this title and the regulations
issued under such section but which the registrant asserts should be
deemed to comply with such requirements and regulations;
(C) a reformat of the data from each study summarized under
subparagraph (A) or (B) by the registrant concerning chronic dosing,
oncogenicity, reproductive effects, mutagenicity, neurotoxicity,
teratogenicity, or residue chemistry of the active ingredient that were
submitted to the Administrator before January 1, 1982;
(D) where data described in subparagraph (C) are not required for the
active ingredient by regulations issued under section 136a of this
title, a reformat of acute and subchronic dosing data submitted by the
registrant to the Administrator before January 1, 1982, that the
registrant considers to be adequate to meet the requirements of section
136a of this title and the regulations issued under such section;
(E) an identification of data that are required to be submitted to
the Administrator under section 136d(a)(2) of this title, indicating an
adverse effect of the pesticide;
(F) an identification of any other information available that in the
view of the registrant supports the registration;
(G) a certification that the registrant or the Administrator
possesses or has access to the raw data used in or generated by the
studies that the registrant summarized under subparagraph (A) or (B);
(H) either --
(i) a commitment to submit data to fill each outstanding data
requirement identified by the registrant; or
(ii) an offer to share in the cost of developing such data to be
incurred by a person who has made a commitment under clause (i) to
submit such data, and an offer to submit to arbitration as described by
section 136a(c)(2)(B) of this title with regard to such cost sharing;
and
(I) evidence of compliance with section 136a(c)(1)(D)(ii) /1/ of this
title and regulations issued thereunder with regard to previously
submitted data as if the registrant were now seeking the original
registration of the pesticide.
A registrant who submits a certification under subparagraph (G) that
is false shall be considered to have violated this subchapter and shall
be subject to the penalties prescribed by section 136l of this title.
(2) Time periods
(A) The information required by paragraph (1) shall be submitted to
the Administrator --
(i) in the case of a pesticide containing an active ingredient listed
under subsection (c)(2)(B) of this section, not later than 12 months
after the date of publication of the listing of such active ingredient;
(ii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(C) of this section, not later than 12
months after the date of publication of the listing of such active
ingredient; and
(iii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(D) of this section, not later than 12
months after the date of publication of the listing of such active
ingredient.
(B) A registrant shall submit data in accordance with a commitment
entered into under paragraph (1)(H) within a reasonable period of time,
as determined by the Administrator, but not more than 48 months after
the date the registrant submitted the commitment under such paragraph.
The Administrator, on application of a registrant, may extend the period
prescribed by the preceding sentence by no more than 2 years if
extraordinary circumstances beyond the control of the registrant prevent
the registrant from submitting data within such prescribed period.
(3) Cancellation
(A) If the registrant of a pesticide fails to submit the information
required by paragraph (1) within the time prescribed by paragraph (2),
the Administrator, by order and without hearing, shall cancel the
registration of such pesticide.
(B)(i) If the registrant of a pesticide submits the information
required by paragraph (1) within the time prescribed by paragraph (2)
and such information does not conform to the guidelines for submissions
established by the Administrator, the Administrator shall determine
whether the registrant made a good faith attempt to conform its
submission to such guidelines.
(ii) If the Administrator determines that the registrant made a good
faith attempt to conform its submission to such guidelines, the
Administrator shall provide the registrant a reasonable period of time
to make any necessary changes or corrections.
(iii)(I) If the Administrator determines that the registrant did not
make a good faith attempt to conform its submission to such guidelines,
the Administrator may issue a notice of intent to cancel the
registration. Such a notice shall be sent to the registrant by
certified mail.
(II) The registration shall be canceled without a hearing or further
notice at the end of 30 days after receipt by the registrant of the
notice unless during that time a request for a hearing is made by the
registrant.
(III) If a hearing is requested, a hearing shall be conducted under
section 136d(d) of this title, except that the only matter for
resolution at the hearing shall be whether the registrant made a good
faith attempt to conform its submission to such guidelines. The hearing
shall be held and a determination made within 75 days after receipt of a
request for hearing.
(4) Guidelines
(A) Not later than 1 year after the effective date of this section,
the Administrator, by order, shall issue guidelines to be followed by
registrants in --
(i) summarizing studies;
(ii) reformatting studies;
(iii) identifying adverse information; and
(iv) identifying studies that have been submitted previously that may
not meet the requirements of section 136a of this title or regulations
issued under such section,
under paragraph (1).
(B) Guidelines issued under subparagraph (A) shall not be subject to
judicial review.
(5) Monitoring
The Administrator shall monitor the progress of registrants in
acquiring and submitting the data required under paragraph (1).
(f) Phase four
(1) Independent review and identification of outstanding data
requirements
(A) The Administrator shall review the submissions of all registrants
of pesticides containing a particular active ingredient under
subsections (d)(3) and (e)(1) of this section to determine if such
submissions identified all the data that are missing or inadequate for
such active ingredient. To assist the review of the Administrator under
this subparagraph, the Administrator may require a registrant seeking
reregistration to submit complete copies of studies summarized under
subsection (e)(1) of this section.
(B) The Administrator shall independently identify and publish in the
Federal Register the outstanding data requirements for each active
ingredient that is listed under subparagraph (B), (C), or (D) of
subsection (c)(2) of this section and that is contained in a pesticide
to be reregistered under this section. The Administrator, at the same
time, shall issue a notice under section 136a(c)(2)(B) of this title for
the submission of the additional data that are required to meet such
requirements.
(2) Time periods
(A) The Administrator shall take the action required by paragraph (1)
--
(i) in the case of a pesticide containing an active ingredient listed
under subsection (c)(2)(B) of this section, not later than 18 months
after the date of the listing of such active ingredient;
(ii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(C) of this section, not later than 24
months after the date of the listing of such active ingredient; and
(iii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(D) of this section, not later than 33
months after the date of the listing of such active ingredient.
(B) If the Administrator issues a notice to a registrant under
paragraph (1)(B) for the submission of additional data, the registrant
shall submit such data within a reasonable period of time, as determined
by the Administrator, but not to exceed 48 months after the issuance of
such notice. The Administrator, on application of a registrant, may
extend the period prescribed by the preceding sentence by no more than 2
years if extraordinary circumstances beyond the control of the
registrant prevent the registrant from submitting data within such
prescribed period.
(3) Suspensions and penalties
The Administrator shall issue a notice of intent to suspend the
registration of a pesticide in accordance with the procedures prescribed
by section 136a(c)(2)(B)(iv) of this title if the Administrator
determines that (A) tests necessary to fill an outstanding data
requirement for such pesticide have not been initiated within 1 year
after the issuance of a notice under paragraph (1)(B), or (B) progress
is insufficient to ensure submission of the data referred to in clause
(A) within the time period prescribed by paragraph (2)(B) or the
required data have not been submitted to the Administrator within such
time period.
(g) Phase five
(1) Data review
The Administrator shall conduct a thorough examination of all data
submitted under this section concerning an active ingredient listed
under subsection (c)(2) of this section and of all other available data
found by the Administrator to be relevant.
(2) Reregistration and other actions
(A) Within 1 year after the submission of all data concerning an
active ingredient of a pesticide under subsection (f) of this section,
the Administrator shall determine whether pesticides containing such
active ingredient are eligible for reregistration. For extraordinary
circumstances, the Administrator may extend such period for not more
than 1 additional year.
(B) Before reregistering a pesticide, the Administrator shall obtain
any needed product-specific data regarding the pesticide by use of
section 136a(c)(2)(B) of this title and shall review such data within 90
days after its submission. The Administrator shall require that data
under this subparagraph be submitted to the Administrator not later than
8 months after a determination of eligibility under subparagraph (A) has
been made for each active ingredient of the pesticide, unless the
Administrator determines that a longer period is required for the
generation of the data.
(C) After conducting the review required by paragraph (1) for each
active ingredient of a pesticide and the review required by subparagraph
(B) of this paragraph, the Administrator shall determine whether to
reregister a pesticide by determining whether such pesticide meets the
requirements of section 136a(c)(5) of this title. If the Administrator
determines that a pesticide is eligible to be reregistered, the
Administrator shall reregister such pesticide within 6 months after the
submission of the data concerning such pesticide under subparagraph (B).
(D) If after conducting a review under paragraph (1) or subparagraph
(B) of this paragraph the Administrator determines that a pesticide
should not be reregistered, the Administrator shall take appropriate
regulatory action.
(h) Compensation of data submitter
If data that are submitted by a registrant under subsection (d), (e),
(f), or (g) of this section are used to support the application of
another person under section 136a of this title, the registrant who
submitted such data shall be entitled to compensation for the use of
such data as prescribed by section 136a(c)(1)(D) /2/ of this title. In
determining the amount of such compensation, the fees paid by the
registrant under this section shall be taken into account.
(i) Fees
(1) Initial fee for food or feed use pesticide active ingredients
The registrants of pesticides that contain an active ingredient that
is listed under subparagraph (B), (C), or (D) of subsection (c)(2) of
this section and that is an active ingredient of any pesticide
registered for a major food or feed use shall collectively pay a fee of
$50,000 on submission of information under paragraphs (2) and (3) of
subsection (d) of this section for such ingredient.
(2) Final fee for food or feed use pesticide active ingredients
(A) The registrants of pesticides that contain an active ingredient
that is listed under subparagraph (B), (C), or (D) of subsection (c)(2)
of this section and that is an active ingredient of any pesticide
registered for a major food or feed use shall collectively pay a fee of
$100,000 --
(i) on submission of information for such ingredient under subsection
(e)(1) of this section if data are reformatted under subsection
(e)(1)(C) of this section; or
(ii) on submission of data for such ingredient under subsection
(e)(2)(B) of this section if data are not reformatted under subsection
(e)(1)(C) of this section.
(B) The registrants of pesticides that contain an active ingredient
that is listed under subsection (c)(2)(A) of this section and that is an
active ingredient of any pesticide registered for a major food or feed
use shall collectively pay a fee of $150,000 at such time as the
Administrator shall prescribe.
(3) Fees for other pesticide active ingredients
(A) The registrants of pesticides that contain an active ingredient
that is listed under subparagraph (B), (C), or (D) of subsection (c)(2)
of this section and that is not an active ingredient of any pesticide
registered for a major food or feed use shall collectively pay fees in
amounts determined by the Administrator. Such fees may not be less than
one-half of, nor greater than, the fees required by paragraphs (1) and
(2). A registrant shall pay such fees at the times corresponding to the
times fees prescribed by paragraphs (1) and (2) are to be paid.
(B) The registrants of pesticides that contain an active ingredient
that is listed under subsection (c)(2)(A) of this section and that is
not an active ingredient of any pesticide that is registered for a major
food or feed use shall collectively pay a fee of not more than $100,000
and not less than $50,000 at such time as the Administrator shall
prescribe.
(4) Reduction or waiver of fees for minor use and other pesticides
(A) An active ingredient that is contained only in pesticides that
are registered solely for agricultural or nonagricultural minor uses, or
a pesticide the value or volume of use of which is small, shall be
exempt from the fees prescribed by paragraph (3).
(B) An antimicrobial active ingredient, the production level of which
does not exceed 1,000,000 pounds per year, shall be exempt from the fees
prescribed by paragraph (3). For purposes of this subparagraph, the
term ''antimicrobial active ingredient'' means any active ingredient
that is contained only in pesticides that are not registered for any
food or feed use and that are --
(i) sanitizers intended to reduce the number of living bacteria or
viable virus particles on inanimate surface or in water or air;
(ii) bacteriostats intended to inhibit the growth of bacteria in the
presence of moisture;
(iii) disinfectants intended to destroy or irreversibly inactivate
bacteria, fungi, or viruses on surfaces or inanimate objects;
(iv) sterilizers intended to destroy viruses and all living bacteria,
fungi, and their spores on inanimate surfaces; or
(v) fungicides or fungistats.
(C)(i) Notwithstanding any other provision of this subsection, in the
case of a small business registrant of a pesticide, the registrant shall
pay a fee for the reregistration of each active ingredient of the
pesticide that does not exceed an amount determined in accordance with
this subparagraph.
(ii) If during the 3-year period prior to reregistration the average
annual gross revenue of the registrant from pesticides containing such
active ingredient is --
(I) less than $5,000,000, the registrant shall pay 0.5 percent of
such revenue;
(II) $5,000,000 or more but less than $10,000,000, the registrant
shall pay 1 percent of such revenue; or
(III) $10,000,000 or more, the registrant shall pay 1.5 percent of
such revenue, but not more than $150,000.
(iii) For the purpose of this subparagraph, a small business
registrant is a corporation, partnership, or unincorporated business
that --
(I) has 150 or fewer employees; and
(II) during the 3-year period prior to reregistration, had an average
annual gross revenue from chemicals that did not exceed $40,000,000.
(5) Maintenance fee
(A) Subject to other provisions of this paragraph, each registrant of
a pesticide shall pay an annual fee by January 15 of each year of --
(i) $650 for the first registration; and
(ii) $1,300 for each additional registration, except that no fee
shall be charged for more than 200 registrations held by any registrant.
(B) In the case of a pesticide that is registered for a minor
agricultural use, the Administrator may reduce or waive the payment of
the fee imposed under this paragraph if the Administrator determines
that the fee would significantly reduce the availability of the
pesticide for the use.
(C) The amount of each fee prescribed under subparagraph (A) shall be
adjusted by the Administrator to a level that will result in the
collection under this paragraph of, to the extent practicable, an
aggregate amount of $14,000,000 each fiscal year.
(D) The maximum annual fee payable under this paragraph by --
(i) a registrant holding not more than 50 pesticide registrations
shall be $55,000; and
(ii) a registrant holding over 50 registrations shall be $95,000.
(E)(i) For a small business, the maximum annual fee payable under
this paragraph by --
(I) a registrant holding not more than 50 pesticide registrations
shall be $38,500; and
(II) a registrant holding over 50 pesticide registrations shall be
$66,500.
(ii) For purposes of clause (i), the term ''small business'' means a
corporation, partnership, or unincorporated business that --
(I) has 150 or fewer employees; and
(II) during the 3-year period prior to the most recent maintenance
fee billing cycle, had an average annual gross revenue from chemicals
that did not exceed $40,000,000.
(F) If any fee prescribed by this paragraph with respect to the
registration of a pesticide is not paid by a registrant by the time
prescribed, the Administrator, by order and without hearing, may cancel
the registration.
(G) The authority provided under this paragraph shall terminate on
September 30, 1997.
(6) Other fees
During the period beginning on October 25, 1988, and ending on
September 30, 1997, the Administrator may not levy any other fees for
the registration of a pesticide under this subchapter except as provided
in paragraphs (1) through (5).
(7) Apportionment
(A) If two or more registrants are required to pay any fee prescribed
by paragraph (1), (2), or (3) with respect to a particular active
ingredient, the fees for such active ingredient shall be apportioned
among such registrants on the basis of the market share in United States
sales of the active ingredient for the 3 calendar years preceding the
date of payment of such fee, except that --
(i) small business registrants that produce the active ingredient
shall pay fees in accordance with paragraph (4)(C); and
(ii) registrants who have no market share but who choose to
reregister a pesticide containing such active ingredient shall pay the
lesser of --
(I) 15 percent of the reregistration fee; or
(II) a proportionate amount of such fee based on the lowest
percentage market share held by any registrant active in the
marketplace.
In no event shall registrants who have no market share but who choose
to reregister a pesticide containing such active ingredient collectively
pay more than 25 percent of the total active ingredient reregistration
fee.
(B) The Administrator, by order, may require any registrant to submit
such reports as the Administrator determines to be necessary to allow
the Administrator to determine and apportion fees under this subsection
or to determine the registrant's eligibility for a reduction or waiver
of a fee.
(C) If any such report is not submitted by a registrant after
receiving notice of such report requirement, or if any fee prescribed by
this subsection (other than paragraph (5)) for an active ingredient is
not paid by a registrant to the Administrator by the time prescribed
under this subsection, the Administrator, by order and without hearing,
may cancel each registration held by such registrant of a pesticide
containing the active ingredient with respect to which the fee is
imposed. The Administrator shall reapportion the fee among the
remaining registrants and notify the registrants that the registrants
are required to pay to the Administrator any unpaid balance of the fee
within 30 days after receipt of such notice.
(j) Exemption of certain registrants
The requirements of subsections (d), (e), (f), and (i) of this
section (other than subsection (i)(5) of this section) regarding data
concerning an active ingredient and fees for review of such data shall
not apply to any person who is the registrant of a pesticide to the
extent that, under section 136a(c)(2)(D) of this title, the person would
not be required to submit or cite such data to obtain an initial
registration of such pesticide.
(k) Reregistration and expedited processing fund
(1) Establishment
There shall be established in the Treasury of the United States a
reregistration and expedited processing fund.
(2) Source and use
All fees collected by the Administrator under subsection (i) of this
section shall be deposited into the fund and shall be available to the
Administrator, without fiscal year limitation, to carry out
reregistration and expedited processing of similar applications.
(3) Expedited processing of similar applications
(A) The Administrator shall use for each of the fiscal years 1992,
1993, and 1994, 1/7th of the maintenance fees collected, up to $2
million each year to obtain sufficient personnel and resources to assure
the expedited processing and review of any application that --
(i) proposes the initial or amended registration of an end-use
pesticide that, if registered as proposed, would be identical or
substantially similar in composition and labeling to a
currently-registered pesticide identified in the application, or that
would differ in composition and labeling from any such
currently-registered pesticide only in ways that would not significantly
increase the risk of unreasonable adverse effects on the environment;
or
(ii) proposes an amendment to the registration of a registered
pesticide that does not require scientific review of data.
(B) Any amounts made available under subparagraph (A) shall be used
to obtain sufficient personnel and resources to carry out the activities
described in such subparagraph that are in addition to the personnel and
resources available to carry out such activities on October 25, 1988.
(4) Unused funds
Money in the fund not currently needed to carry out this section
shall be --
(A) maintained on hand or on deposit;
(B) invested in obligations of the United States or guaranteed
thereby; or
(C) invested in obligations, participations, or other instruments
that are lawful investments for fiduciary, trust, or public funds.
(5) Accounting
The Administrator shall --
(A) provide an annual accounting of the fees collected and disbursed
from the fund; and
(B) take all steps necessary to ensure that expenditures from such
fund are used only to carry out this section.
(l) Judicial review
Any failure of the Administrator to take any action required by this
section shall be subject to judicial review under the procedures
prescribed by section 136n(b) of this title.
(June 25, 1947, ch. 125, 4, formerly 3A, as added and renumbered
4, Oct. 25, 1988, Pub. L. 100-532, title I, 102(a), title VIII,
801(q)(2)(A), 102 Stat. 2655, 2683; amended Nov. 28, 1990, Pub. L.
101-624, title XIV, 1493, 104 Stat. 3628; Dec. 13, 1991, Pub. L.
102-237, title X, 1006(a)(4), (e), (f), 105 Stat. 1895-1897.)
The effective date of this section, referred to in subsecs. (a),
(c)(1), (2), and (e)(4)(A), is 60 days after Oct. 25, 1988. See
Effective Date note below.
Section 136a(c)(1)(D) of this title, referred to in subsecs.
(e)(1)(I) and (h), was redesignated section 136a(c)(1)(F) of this title
by Pub. L. 102-237, title X, 1006(a)(3)(B), Dec. 13, 1991, 105 Stat.
1894.
A prior section 4 of act June 25, 1947, which was classified to
section 136b of this title was transferred to section 11(a)-(c) of act
June 25, 1947, which is classified to section 136i(a)-(c) of this title.
Another prior section 4 of act June 25, 1947, was classified to
section 135b of this title prior to amendment of act June 25, 1947, by
Pub. L. 92-516.
1991 -- Subsec. (f)(3). Pub. L. 102-237, 1006(a)(4), realigned
margin.
Subsec. (i)(5). Pub. L. 102-237, 1006(e), amended par. (5)
generally, substituting, in subpar. (A), provisions relating to January
15 for provisions relating to March 1, in subpar. (A)(i), provisions
relating to fee of $650 for first registration for provisions relating
to fee of $425 for each registration for registrants holding not more
than 50 registrations, and in subpar. (A)(ii), provisions relating to
fee of $1,300 for each additional registration up to 200 registrations,
with no fee thereafter, for provisions relating to fee of $425 for each
registration up to 50, $100 for each registration over 50, with no fee
after 200 registrations, redesignating provisions formerly set out in
subpar. (A), following cl. (ii), as subpar. (B), and substituting
provisions relating to fee under this par. for provisions relating to
fee under this subpar., redesignating former subpar. (B) as (C),
striking former subpar. (C), which set maximum annual fee for
registrants under subpar. (A)(i) at $20,000, and for registrants under
subpar. (A)(ii) at $35,000, adding subpars. (D) and (E), and
redesignating former subpars. (D) and (E) as (F) and (G), respectively.
Subsec. (k)(3)(A). Pub. L. 102-237, 1006(f), substituted ''for each
of the fiscal years 1992, 1993, and 1994, 1/7th of the maintenance fees
collected, up to $2 million each year'' for ''each fiscal year not more
than $2,000,000 of the amounts in the fund''.
1990 -- Subsec. (i)(5)(A). Pub. L. 101-624 inserted sentence at end
relating to reduction or waiver of fee where pesticide is registered for
minor agricultural use.
Section effective on expiration of 60 days after Oct. 25, 1988, see
section 901 of Pub. L. 100-532, set out as an Effective Date of 1988
Amendment note under section 136 of this title.
/1/ See References in Text note below.
/2/ See References in Text note below.
07 USC 136b. Transferred
TITLE 7 -- AGRICULTURE
Section, act June 25, 1947, ch. 125, 4, as added Oct. 21, 1972,
Pub. L. 92-516, 2, 86 Stat. 983; amended Nov. 28, 1975, Pub. L.
94-140, 5, 11, 89 Stat. 753, 754; Sept. 30, 1978, Pub. L. 95-396,
9, 92 Stat. 827; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(c),
(q)(1)(A), (B), 102 Stat. 2681, 2683, which related to use of
restricted use pesticides and certification of applicators, was
transferred to subsecs. (a) to (c) of section 11 of act June 25, 1947,
by section 801(q)(1)(A) of Pub. L. 100-532 and is classified to section
136i(a) to (c) of this title.
07 USC 136c. Experimental use permits
TITLE 7 -- AGRICULTURE
(a) Issuance
Any person may apply to the Administrator for an experimental use
permit for a pesticide. The Administrator shall review the application.
After completion of the review, but not later than one hundred and
twenty days after receipt of the application and all required supporting
data, the Administrator shall either issue the permit or notify the
applicant of the Administrator's determination not to issue the permit
and the reasons therefor. The applicant may correct the application or
request a waiver of the conditions for such permit within thirty days of
receipt by the applicant of such notification. The Administrator may
issue an experimental use permit only if the Administrator determines
that the applicant needs such permit in order to accumulate information
necessary to register a pesticide under section 136a of this title. An
application for an experimental use permit may be filed at any time.
(b) Temporary tolerance level
If the Administrator determines that the use of a pesticide may
reasonably be expected to result in any residue on or in food or feed,
the Administrator may establish a temporary tolerance level for the
residue of the pesticide before issuing the experimental use permit.
(c) Use under permit
Use of a pesticide under an experimental use permit shall be under
the supervision of the Administrator, and shall be subject to such terms
and conditions and be for such period of time as the Administrator may
prescribe in the permit.
(d) Studies
When any experimental use permit is issued for a pesticide containing
any chemical or combination of chemicals which has not been included in
any previously registered pesticide, the Administrator may specify that
studies be conducted to detect whether the use of the pesticide under
the permit may cause unreasonable adverse effects on the environment.
All results of such studies shall be reported to the Administrator
before such pesticide may be registered under section 136a of this
title.
(e) Revocation
The Administrator may revoke any experimental use permit, at any
time, if the Administrator finds that its terms or conditions are being
violated, or that its terms and conditions are inadequate to avoid
unreasonable adverse effects on the environment.
(f) State issuance of permits
Notwithstanding the foregoing provisions of this section, the
Administrator shall, under such terms and conditions as the
Administrator may by regulations prescribe, authorize any State to issue
an experimental use permit for a pesticide. All provisions of section
136i of this title relating to State plans shall apply with equal force
to a State plan for the issuance of experimental use permits under this
section.
(g) Exemption for agricultural research agencies
Notwithstanding the foregoing provisions of this section, the
Administrator may issue an experimental use permit for a pesticide to
any public or private agricultural research agency or educational
institution which applies for such permit. Each permit shall not exceed
more than a one-year period or such other specific time as the
Administrator may prescribe. Such permit shall be issued under such
terms and conditions restricting the use of the pesticide as the
Administrator may require. Such pesticide may be used only by such
research agency or educational institution for purposes of
experimentation.
(June 25, 1947, ch. 125, 5, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 983; amended Nov. 28, 1975, Pub. L. 94-140, 10, 89 Stat.
754; Sept. 30, 1978, Pub. L. 95-396, 10, 92 Stat. 828; Oct. 25, 1988,
Pub. L. 100-532, title VIII, 801(d), (q)(1)(D), 102 Stat. 2681, 2683;
Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), 105 Stat. 1895.)
A prior section 5 of act June 25, 1947, was classified to section
135c of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsecs. (b), (e), (f). Pub. L. 102-237 substituted ''the
Administrator'' for ''he'' before ''may'' in subsec. (b), before
''finds'' in subsec. (e), and before ''may'' in subsec. (f).
1988 -- Subsec. (f). Pub. L. 100-532, 801(q)(1)(D), substituted
''136i'' for ''136b''.
Subsec. (g). Pub. L. 100-532, 801(d), substituted ''require. Such
pesticide'' for ''require: Provided, That such pesticide''.
1978 -- Subsec. (a). Pub. L. 95-396, 10(1), provided for review of
application, issuance or nonissuance of experimental use permit within
prescribed period including reasons for denial, correction of
application, and waiver of conditions and substituted provision for
filing an application for experimental use permit at any time for prior
provision for filing at the time of or before or after an application
for registration is filed.
Subsec. (f). Pub. L. 95-396, 10(2), substituted in first sentence
''shall'' for ''may'' where first appearing.
1975 -- Subsec. (g). Pub. L. 94-140 added subsec. (g).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
this title.
07 USC 136d. Administrative review; suspension
TITLE 7 -- AGRICULTURE
(a) Cancellation after five years
(1) Procedure
The Administrator shall cancel the registration of any pesticide at
the end of the five-year period which begins on the date of its
registration (or at the end of any five year period thereafter) unless
the registrant, or other interested person with the concurrence of the
registrant, before the end of such period, requests in accordance with
regulations prescribed by the Administrator that the registration be
continued in effect. The Administrator may permit the continued sale
and use of existing stocks of a pesticide whose registration is canceled
under this subsection or subsection (b) of this section to such extent,
under such conditions, and for such uses as the Administrator may
specify if the Administrator determines that such sale or use is not
inconsistent with the purposes of this subchapter and will not have
unreasonable adverse effects on the environment. The Administrator
shall publish in the Federal Register, at least 30 days prior to the
expiration of such five-year period, notice that the registration will
be canceled if the registrant or other interested person with the
concurrence of the registrant does not request that the registration be
continued in effect.
(2) Information
If at any time after the registration of a pesticide the registrant
has additional factual information regarding unreasonable adverse
effects on the environment of the pesticide, the registrant shall submit
such information to the Administrator.
(b) Cancellation and change in classification
If it appears to the Administrator that a pesticide or its labeling
or other material required to be submitted does not comply with the
provisions of this subchapter or, when used in accordance with
widespread and commonly recognized practice, generally causes
unreasonable adverse effects on the environment, the Administrator may
issue a notice of the Administrator's intent either --
(1) to cancel its registration or to change its classification
together with the reasons (including the factual basis) for the
Administrator's action, or
(2) to hold a hearing to determine whether or not its registration
should be canceled or its classification changed.
Such notice shall be sent to the registrant and made public. In
determining whether to issue any such notice, the Administrator shall
include among those factors to be taken into account the impact of the
action proposed in such notice on production and prices of agricultural
commodities, retail food prices, and otherwise on the agricultural
economy. At least 60 days prior to sending such notice to the
registrant or making public such notice, whichever occurs first, the
Administrator shall provide the Secretary of Agriculture with a copy of
such notice and an analysis of such impact on the agricultural economy.
If the Secretary comments in writing to the Administrator regarding the
notice and analysis within 30 days after receiving them, the
Administrator shall publish in the Federal Register (with the notice)
the comments of the Secretary and the response of the Administrator with
regard to the Secretary's comments. If the Secretary does not comment
in writing to the Administrator regarding the notice and analysis within
30 days after receiving them, the Administrator may notify the
registrant and make public the notice at any time after such 30-day
period notwithstanding the foregoing 60-day time requirement. The time
requirements imposed by the preceding 3 sentences may be waived or
modified to the extent agreed upon by the Administrator and the
Secretary. Notwithstanding any other provision of this subsection and
section 136w(d) of this title, in the event that the Administrator
determines that suspension of a pesticide registration is necessary to
prevent an imminent hazard to human health, then upon such a finding the
Administrator may waive the requirement of notice to and consultation
with the Secretary of Agriculture pursuant to this subsection and of
submission to the Scientific Advisory Panel pursuant to section 136w(d)
of this title and proceed in accordance with subsection (c) of this
section. The proposed action shall become final and effective at the
end of 30 days from receipt by the registrant, or publication, of a
notice issued under paragraph (1), whichever occurs later, unless within
that time either (i) the registrant makes the necessary corrections, if
possible, or (ii) a request for a hearing is made by a person adversely
affected by the notice. In the event a hearing is held pursuant to such
a request or to the Administrator's determination under paragraph (2), a
decision pertaining to registration or classification issued after
completion of such hearing shall be final. In taking any final action
under this subsection, the Administrator shall consider restricting a
pesticide's use or uses as an alternative to cancellation and shall
fully explain the reasons for these restrictions, and shall include
among those factors to be taken into account the impact of such final
action on production and prices of agricultural commodities, retail food
prices, and otherwise on the agricultural economy, and the Administrator
shall publish in the Federal Register an analysis of such impact.
(c) Suspension
(1) Order
If the Administrator determines that action is necessary to prevent
an imminent hazard during the time required for cancellation or change
in classification proceedings, the Administrator may, by order, suspend
the registration of the pesticide immediately. No order of suspension
may be issued unless the Administrator has issued or at the same time
issues notice of the Administrator's intention to cancel the
registration or change the classification of the pesticide. Except as
provided in paragraph (3), the Administrator shall notify the registrant
prior to issuing any suspension order. Such notice shall include
findings pertaining to the question of ''imminent hazard''. The
registrant shall then have an opportunity, in accordance with the
provisions of paragraph (2), for an expedited hearing before the
Administrator on the question of whether an imminent hazard exists.
(2) Expedite hearing
If no request for a hearing is submitted to the Administrator within
five days of the registrant's receipt of the notification provided for
by paragraph (1), the suspension order may be issued and shall take
effect and shall not be reviewable by a court. If a hearing is
requested, it shall commence within five days of the receipt of the
request for such hearing unless the registrant and the Administrator
agree that it shall commence at a later time. The hearing shall be held
in accordance with the provisions of subchapter II of chapter 5 of title
5, except that the presiding officer need not be a certified
administrative law judge. The presiding officer shall have ten days
from the conclusion of the presentation of evidence to submit
recommended findings and conclusions to the Administrator, who shall
then have seven days to render a final order on the issue of suspension.
(3) Emergency order
Whenever the Administrator determines that an emergency exists that
does not permit the Administrator to hold a hearing before suspending,
the Administrator may issue a suspension order in advance of
notification to the registrant. In that case, paragraph (2) shall apply
except that (A) the order of suspension shall be in effect pending the
expeditious completion of the remedies provided by that paragraph and
the issuance of a final order on suspension, and (B) no party other than
the registrant and the Administrator shall participate except that any
person adversely affected may file briefs within the time allotted by
the Agency's rules. Any person so filing briefs shall be considered a
party to such proceeding for the purposes of section 136n(b) of this
title.
(4) Judicial review
A final order on the question of suspension following a hearing shall
be reviewable in accordance with section 136n of this title,
notwithstanding the fact that any related cancellation proceedings have
not been completed. Any order of suspension entered prior to a hearing
before the Administrator shall be subject to immediate review in an
action by the registrant or other interested person with the concurrence
of the registrant in an appropriate district court, solely to determine
whether the order of suspension was arbitrary, capricious or an abuse of
discretion, or whether the order was issued in accordance with the
procedures established by law. The effect of any order of the court
will be only to stay the effectiveness of the suspension order, pending
the Administrator's final decision with respect to cancellation or
change in classification. This action may be maintained simultaneously
with any administrative review proceedings under this section. The
commencement of proceedings under this paragraph shall not operate as a
stay of order, unless ordered by the court.
(d) Public hearings and scientific review
In the event a hearing is requested pursuant to subsection (b) of
this section or determined upon by the Administrator pursuant to
subsection (b) of this section, such hearing shall be held after due
notice for the purpose of receiving evidence relevant and material to
the issues raised by the objections filed by the applicant or other
interested parties, or to the issues stated by the Administrator, if the
hearing is called by the Administrator rather than by the filing of
objections. Upon a showing of relevance and reasonable scope of
evidence sought by any party to a public hearing, the Hearing Examiner
shall issue a subpena to compel testimony or production of documents
from any person. The Hearing Examiner shall be guided by the principles
of the Federal Rules of Civil Procedure in making any order for the
protection of the witness or the content of documents produced and shall
order the payment of reasonable fees and expenses as a condition to
requiring testimony of the witness. On contest, the subpena may be
enforced by an appropriate United States district court in accordance
with the principles stated herein. Upon the request of any party to a
public hearing and when in the Hearing Examiner's judgment it is
necessary or desirable, the Hearing Examiner shall at any time before
the hearing record is closed refer to a Committee of the National
Academy of Sciences the relevant questions of scientific fact involved
in the public hearing. No member of any committee of the National
Academy of Sciences established to carry out the functions of this
section shall have a financial or other conflict of interest with
respect to any matter considered by such committee. The Committee of
the National Academy of Sciences shall report in writing to the Hearing
Examiner within 60 days after such referral on these questions of
scientific fact. The report shall be made public and shall be
considered as part of the hearing record. The Administrator shall enter
into appropriate arrangements with the National Academy of Sciences to
assure an objective and competent scientific review of the questions
presented to Committees of the Academy and to provide such other
scientific advisory services as may be required by the Administrator for
carrying out the purposes of this subchapter. As soon as practicable
after completion of the hearing (including the report of the Academy)
but not later than 90 days thereafter, the Administrator shall evaluate
the data and reports before the Administrator and issue an order either
revoking the Administrator's notice of intention issued pursuant to this
section, or shall issue an order either canceling the registration,
changing the classification, denying the registration, or requiring
modification of the labeling or packaging of the article. Such order
shall be based only on substantial evidence of record of such hearing
and shall set forth detailed findings of fact upon which the order is
based.
(e) Conditional registration
(1) The Administrator shall issue a notice of intent to cancel a
registration issued under section 136a(c)(7) of this title if (A) the
Administrator, at any time during the period provided for satisfaction
of any condition imposed, determines that the registrant has failed to
initiate and pursue appropriate action toward fulfilling any condition
imposed, or (B) at the end of the period provided for satisfaction of
any condition imposed, that condition has not been met. The
Administrator may permit the continued sale and use of existing stocks
of a pesticide whose conditional registration has been canceled under
this subsection to such extent, under such conditions, and for such uses
as the Administrator may specify if the Administrator determines that
such sale or use is not inconsistent with the purposes of this
subchapter and will not have unreasonable adverse effects on the
environment.
(2) A cancellation proposed under this subsection shall become final
and effective at the end of thirty days from receipt by the registrant
of the notice of intent to cancel unless during that time a request for
hearing is made by a person adversely affected by the notice. If a
hearing is requested, a hearing shall be conducted under subsection (d)
of this section. The only matters for resolution at that hearing shall
be whether the registrant has initiated and pursued appropriate action
to comply with the condition or conditions within the time provided or
whether the condition or conditions have been satisfied within the time
provided, and whether the Administrator's determination with respect to
the disposition of existing stocks is consistent with this subchapter.
A decision after completion of such hearing shall be final.
Notwithstanding any other provision of this section, a hearing shall be
held and a determination made within seventy-five days after receipt of
a request for such hearing.
(f) General provisions
(1) Voluntary cancellation
(A) A registrant may, at any time, request that a pesticide
registration of the registrant be canceled or amended to terminate one
or more pesticide uses.
(B) Before acting on a request under subparagraph (A), the
Administrator shall publish in the Federal Register a notice of the
receipt of the request and provide for a 30-day period in which the
public may comment.
(C) In the case of a pesticide that is registered for a minor
agricultural use, if the Administrator determines that the cancellation
or termination of uses would adversely affect the availability of the
pesticide for use, the Administrator --
(i) shall publish in the Federal Register a notice of the receipt of
the request and make reasonable efforts to inform persons who so use the
pesticide of the request; and
(ii) may not approve or reject the request until the termination of
the 90-day period beginning on the date of publication of the notice in
the Federal Register, except that the Administrator may waive the 90-day
period upon the request of the registrant or if the Administrator
determines that the continued use of the pesticide would pose an
unreasonable adverse effect on the environment.
(D) Subject to paragraph (3)(B), after complying with this paragraph,
the Administrator may approve or deny the request.
(2) Publication of notice
A notice of denial of registration, intent to cancel, suspension, or
intent to suspend issued under this subchapter or a notice issued under
subsection (c)(4) or (d)(5)(A) of section 136a-1 of this title shall be
published in the Federal Register and shall be sent by certified mail,
return receipt requested, to the registrant's or applicant's address of
record on file with the Administrator. If the mailed notice is returned
to the Administrator as undeliverable at that address, if delivery is
refused, or if the Administrator otherwise is unable to accomplish
delivery of the notice to the registrant or applicant after making
reasonable efforts to do so, the notice shall be deemed to have been
received by the registrant or applicant on the date the notice was
published in the Federal Register.
(3) Transfer of registration of pesticides registered for minor
agricultural uses
In the case of a pesticide that is registered for a minor
agricultural use:
(A) During the 90-day period referred to in paragraph (1)(C)(ii), the
registrant of the pesticide may notify the Administrator of an agreement
between the registrant and a person or persons (including persons who so
use the pesticide) to transfer the registration of the pesticide, in
lieu of canceling or amending the registration to terminate the use.
(B) An application for transfer of registration, in conformance with
any regulations the Administrator may adopt with respect to the transfer
of the pesticide registrations, must be submitted to the Administrator
within 30 days of the date of notification provided pursuant to
subparagraph (A). If such an application is submitted, the
Administrator shall approve the transfer and shall not approve the
request for voluntary cancellation or amendment to terminate use unless
the Administrator determines that the continued use of the pesticide
would cause an unreasonable adverse effect on the environment.
(C) If the Administrator approves the transfer and the registrant
transfers the registration of the pesticide, the Administrator shall not
cancel or amend the registration to delete the use or rescind the
transfer of the registration, during the 180-day period beginning on the
date of the approval of the transfer unless the Administrator determines
that the continued use of the pesticide would cause an unreasonable
adverse effect on the environment.
(D) The new registrant of the pesticide shall assume the outstanding
data and other requirements for the pesticide that are pending at the
time of the transfer.
(g) Notice for stored pesticides with canceled or suspended
registrations
(1) In general
Any producer or exporter of pesticides, registrant of a pesticide,
applicant for registration of a pesticide, applicant for or holder of an
experimental use permit, commercial applicator, or any person who
distributes or sells any pesticide, who possesses any pesticide which
has had its registration canceled or suspended under this section shall
notify the Administrator and appropriate State and local officials of --
(A) such possession,
(B) the quantity of such pesticide such person possesses, and
(C) the place at which such pesticide is stored.
(2) Copies
The Administrator shall transmit a copy of each notice submitted
under this subsection to the regional office of the Environmental
Protection Agency which has jurisdiction over the place of pesticide
storage identified in the notice.
(h) Judicial review
Final orders of the Administrator under this section shall be subject
to judicial review pursuant to section 136n of this title.
(June 25, 1947, ch. 125, 6, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 984; amended Nov. 28, 1975, Pub. L. 94-140, 1, 89 Stat.
751; Mar. 27, 1978, Pub. L. 95-251, 2(a)(2), 92 Stat. 183; Sept. 30,
1978, Pub. L. 95-396, 11, 12, 92 Stat. 828; Nov. 8, 1984, Pub. L.
98-620, title IV, 402(4)(A), 98 Stat. 3357; Oct. 25, 1988, Pub. L.
100-532, title II, 201, title IV, 404, title VIII, 801(e), (q)(2)(B),
102 Stat. 2668, 2673, 2681, 2683; Nov. 28, 1990, Pub. L. 101-624,
title XIV, 1494, 104 Stat. 3628; Dec. 13, 1991, Pub. L. 102-237,
title X, 1006(a)(5), (b)(1), (2), (3)(C)-(E), 105 Stat. 1895, 1896.)
''Subchapter II of chapter 5 of title 5'', referred to in subsec.
(c)(2), was in the original ''subchapter II of Title 5'', and was
editorially changed to reflect the probable intent of Congress.
A prior section 6 of act June 25, 1947, was classified to section
135d of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a)(1). Pub. L. 102-237, 1006(b)(1), substituted
''the Administrator'' for ''he'' before ''may specify'' and before
''determines''.
Subsec. (a)(2). Pub. L. 102-237, 1006(b)(3)(C), substituted ''the
registrant'' for ''he'' before ''shall''.
Subsec. (b). Pub. L. 102-237, 1006(b)(1), (2), substituted ''the
Administrator's'' for ''his'' in introductory provisions and par. (1),
and ''the Administrator'' for ''he'' before ''shall publish'' in last
sentence.
Subsec. (c)(1). Pub. L. 102-237, 1006(b)(1), (2), substituted ''the
Administrator'' for ''he'' before ''may'' and ''the Administrator's''
for ''his'' before ''intention''.
Subsec. (c)(3). Pub. L. 102-237, 1006(b)(1), (3)(D), substituted
''the Administrator'' for ''he'' before ''may'' and ''the
Administrator'' for ''him'' after ''permit''.
Subsec. (d). Pub. L. 102-237, 1006(b)(2), (3)(E), in penultimate
sentence substituted ''the Administrator's'' for ''his'' and ''the
Administrator'' for ''him'' before ''and issue''.
Subsec. (f)(3)(B). Pub. L. 102-237, 1006(a)(5), substituted
''adverse effect'' for ''adverse affect''.
1990 -- Subsec. (f)(1). Pub. L. 101-624, 1494(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''A
registrant at any time may request that any of its pesticide
registrations be canceled or be amended to delete one or more uses.
Before acting on such request, the Administrator shall publish in the
Federal Register a notice of the receipt of the request. Thereafter,
the Administrator may approve such a request.''
Subsec. (f)(3). Pub. L. 101-624, 1494(2), added par. (3).
1988 -- Subsec. (a)(1). Pub. L. 100-532, 801(e)(1), substituted
''effect. The Administrator'' for ''effect: Provided, That the
Administrator''.
Subsec. (c). Pub. L. 100-532, 801(e)(2)-(4), in par. (1) directed
that undesignated paragraph beginning ''Except as provided'' be run into
sentence ending ''of the pesticide.'' and substituted ''before the
Administrator'' for ''before the Agency'', in par. (2) substituted
''submitted to the Administrator'' for ''submitted to the Agency'' and
''and the Administrator'' for ''and the Agency'', and in par. (3)
substituted ''(A)'' for ''(i)'', ''and the Administrator'' for ''and the
Agency'', and ''(B)'' for ''(ii)''.
Subsec. (e). Pub. L. 100-532, 801(e)(5), (6), in par. (1),
substituted ''met. The Administrator'' for ''met: Provided, That the
Administrator'', and in par. (2), substituted ''section. The only''
for ''section: Provided, That the only''.
Subsec. (f). Pub. L. 100-532, 201, added subsec. (f). Former
subsec. (f) redesignated (h).
Subsec. (f)(2). Pub. L. 100-532, 801(q)(2)(B), made a technical
amendment to the reference to section 136a-1 of this title to reflect
the renumbering of the corresponding section of the original act.
Subsec. (g). Pub. L. 100-532, 404, added subsec. (g).
Subsec. (h). Pub. L. 100-532, 201, redesignated former subsec. (f)
as (h).
1984 -- Subsec. (c)(4). Pub. L. 98-620 struck out provisions
requiring petitions to review orders on the issue of suspension to be
advanced on the docket of the court of appeals.
1978 -- Subsec. (b). Pub. L. 95-396, 11, required the
Administrator, in taking any final action under subsec. (b), to
consider restricting a pesticide's use or uses as an alternative to
cancellation and to fully explain the reasons for the restrictions.
Subsec. (c)(2). Pub. L. 95-251 substituted ''administrative law
judge'' for ''hearing examiner''.
Subsecs. (e), (f). Pub. L. 95-396, 12, added subsec. (e) and
redesignated former subsec. (e) as (f).
1975 -- Subsec. (b). Pub. L. 94-140 established criteria which
Administrator must use in determining the issuance of a suspension of
registration notice and the time periods relating to such notice, set
forth required procedures to be followed by Administrator prior to
publication of such notice, required procedures when the Secretary
elects to comment or fails to comment on suspension notice, waiver or
modification of time periods in specified required procedures, required
procedures for waiver of notice and consent by Secretary for suspension
of registration, and established criteria for Secretary taking any final
action.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136e. Registration of establishments
TITLE 7 -- AGRICULTURE
(a) Requirement
No person shall produce any pesticide subject to this subchapter or
active ingredient used in producing a pesticide subject to this
subchapter in any State unless the establishment in which it is produced
is registered with the Administrator. The application for registration
of any establishment shall include the name and address of the
establishment and of the producer who operates such establishment.
(b) Registration
Whenever the Administrator receives an application under subsection
(a) of this section, the Administrator shall register the establishment
and assign it an establishment number.
(c) Information required
(1) Any producer operating an establishment registered under this
section shall inform the Administrator within 30 days after it is
registered of the types and amounts of pesticides and, if applicable,
active ingredients used in producing pesticides --
(A) which the producer is currently producing;
(B) which the producer has produced during the past year; and
(C) which the producer has sold or distributed during the past year.
The information required by this paragraph shall be kept current and
submitted to the Administrator annually as required under such
regulations as the Administrator may prescribe.
(2) Any such producer shall, upon the request of the Administrator
for the purpose of issuing a stop sale order pursuant to section 136k of
this title, inform the Administrator of the name and address of any
recipient of any pesticide produced in any registered establishment
which the producer operates.
(d) Confidential records and information
Any information submitted to the Administrator pursuant to subsection
(c) of this section other than the names of the pesticides or active
ingredients used in producing pesticides produced, sold, or distributed
at an establishment shall be considered confidential and shall be
subject to the provisions of section 136h of this title.
(June 25, 1947, ch. 125, 7, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 987; amended Sept. 30, 1978, Pub. L. 95-396, 13, 92 Stat.
829; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (3)(F), (G),
105 Stat. 1895, 1896.)
A prior section 7 of act June 25, 1947, was classified to section
135e of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (b). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''shall''.
Subsec. (c)(1)(A) to (C). Pub. L. 102-237, 1006(b)(3)(F),
substituted ''the producer'' for ''he''.
Subsec. (c)(2). Pub. L. 102-237, 1006(b)(3)(G), substituted ''the
Administrator'' for ''him'' after ''inform'' and ''the producer'' for
''he''.
1978 -- Subsec. (a). Pub. L. 95-396, 13(1), made requirement of
registration applicable to production of active ingredient used in
producing a pesticide subject to this subchapter.
Subsec. (c)(1). Pub. L. 95-396, 13(2), required information
pertaining to types and amounts of active ingredients used in producing
pesticides where applicable.
Subsec. (d). Pub. L. 95-396, 13(3), considered names of pesticides
or active ingredients used in producing pesticides produced, sold, or
distributed at an establishment as not being confidential information.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136f. Books and records
TITLE 7 -- AGRICULTURE
(a) Requirements
The Administrator may prescribe regulations requiring producers,
registrants, and applicants for registration to maintain such records
with respect to their operations and the pesticides and devices produced
as the Administrator determines are necessary for the effective
enforcement of this subchapter and to make the records available for
inspection and copying in the same manner as provided in subsection (b)
of this section. No records required under this subsection shall extend
to financial data, sales data other than shipment data, pricing data,
personnel data, and research data (other than data relating to
registered pesticides or to a pesticide for which an application for
registration has been filed).
(b) Inspection
For the purposes of enforcing the provisions of this subchapter, any
producer, distributor, carrier, dealer, or any other person who sells or
offers for sale, delivers or offers for delivery any pesticide or device
subject to this subchapter, shall, upon request of any officer or
employee of the Environmental Protection Agency or of any State or
political subdivision, duly designated by the Administrator, furnish or
permit such person at all reasonable times to have access to, and to
copy: (1) all records showing the delivery, movement, or holding of
such pesticide or device, including the quantity, the date of shipment
and receipt, and the name of the consignor and consignee; or (2) in the
event of the inability of any person to produce records containing such
information, all other records and information relating to such
delivery, movement, or holding of the pesticide or device. Any
inspection with respect to any records and information referred to in
this subsection shall not extend to financial data, sales data other
than shipment data, pricing data, personnel data; and research data
(other than data relating to registered pesticides or to a pesticide for
which an application for registration has been filed). Before
undertaking an inspection under this subsection, the officer or employee
must present to the owner, operator, or agent in charge of the
establishment or other place where pesticides or devices are held for
distribution or sale, appropriate credentials and a written statement as
to the reason for the inspection, including a statement as to whether a
violation of the law is suspected. If no violation is suspected, an
alternate and sufficient reason shall be given in writing. Each such
inspection shall be commenced and completed with reasonable promptness.
(June 25, 1947, ch. 125, 8, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 987; amended Sept. 30, 1978, Pub. L. 95-396, 14, 92 Stat.
829; Oct. 25, 1988, Pub. L. 100-532, title III, 301, 102 Stat. 2668;
Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), 105 Stat. 1895.)
A prior section 8 of act June 25, 1947, was classified to section
135f of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''the
Administrator'' for ''he'' before ''determines''.
1988 -- Subsec. (a). Pub. L. 100-532 inserted '', registrants, and
applicants for registration'' after ''requiring producers'' and ''and to
make the records available for inspection and copying in the same manner
as provided in subsection (b) of this section'' before period at end of
first sentence.
1978 -- Subsec. (b). Pub. L. 95-396 required, in connection with
inspection of records and information, the presentation of credentials,
written statement as to the reason for inspection, including statement
of suspected violation, or an alternative but sufficient reason, and
commencement and completion of inspection with reasonable promptness.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136g. Inspection of establishments, etc.
TITLE 7 -- AGRICULTURE
(a) In general
(1) For purposes of enforcing the provisions of this subchapter,
officers or employees of the Environmental Protection Agency or of any
State duly designated by the Administrator are authorized to enter at
reasonable times (A) any establishment or other place where pesticides
or devices are held for distribution or sale for the purpose of
inspecting and obtaining samples of any pesticides or devices, packaged,
labeled, and released for shipment, and samples of any containers or
labeling for such pesticides or devices, or (B) any place where there is
being held any pesticide the registration of which has been suspended or
canceled for the purpose of determining compliance with section 136q of
this title.
(2) Before undertaking such inspection, the officers or employees
must present to the owner, operator, or agent in charge of the
establishment or other place where pesticides or devices are held for
distribution or sale, appropriate credentials and a written statement as
to the reason for the inspection, including a statement as to whether a
violation of the law is suspected. If no violation is suspected, an
alternate and sufficient reason shall be given in writing. Each such
inspection shall be commenced and completed with reasonable promptness.
If the officer or employee obtains any samples, prior to leaving the
premises, the officer or employee shall give to the owner, operator, or
agent in charge a receipt describing the samples obtained and, if
requested, a portion of each such sample equal in volume or weight to
the portion retained. If an analysis is made of such samples, a copy of
the results of such analysis shall be furnished promptly to the owner,
operator, or agent in charge.
(b) Warrants
For purposes of enforcing the provisions of this subchapter and upon
a showing to an officer or court of competent jurisdiction that there is
reason to believe that the provisions of this subchapter have been
violated, officers or employees duly designated by the Administrator are
empowered to obtain and to execute warrants authorizing --
(1) entry, inspection, and copying of records for purposes of this
section or section 136f of this title;
(2) inspection and reproduction of all records showing the quantity,
date of shipment, and the name of consignor and consignee of any
pesticide or device found in the establishment which is adulterated,
misbranded, not registered (in the case of a pesticide) or otherwise in
violation of this subchapter and in the event of the inability of any
person to produce records containing such information, all other records
and information relating to such delivery, movement, or holding of the
pesticide or device; and
(3) the seizure of any pesticide or device which is in violation of
this subchapter.
(c) Enforcement
(1) Certification of facts to Attorney General
The examination of pesticides or devices shall be made in the
Environmental Protection Agency or elsewhere as the Administrator may
designate for the purpose of determining from such examinations whether
they comply with the requirements of this subchapter. If it shall
appear from any such examination that they fail to comply with the
requirements of this subchapter, the Administrator shall cause notice to
be given to the person against whom criminal or civil proceedings are
contemplated. Any person so notified shall be given an opportunity to
present the person's views, either orally or in writing, with regard to
such contemplated proceedings, and if in the opinion of the
Administrator it appears that the provisions of this subchapter have
been violated by such person, then the Administrator shall certify the
facts to the Attorney General, with a copy of the results of the
analysis or the examination of such pesticide for the institution of a
criminal proceeding pursuant to section 136l(b) of this title or a civil
proceeding under section 136l(a) of this title, when the Administrator
determines that such action will be sufficient to effectuate the
purposes of this subchapter.
(2) Notice not required
The notice of contemplated proceedings and opportunity to present
views set forth in this subsection are not prerequisites to the
institution of any proceeding by the Attorney General.
(3) Warning notices
Nothing in this subchapter shall be construed as requiring the
Administrator to institute proceedings for prosecution of minor
violations of this subchapter whenever the Administrator believes that
the public interest will be adequately served by a suitable written
notice of warning.
(June 25, 1947, ch. 125, 9, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 988; amended Oct. 25, 1988, Pub. L. 100-532, title III,
302, 102 Stat. 2669; Dec. 13, 1991, Pub. L. 102-237, title X,
1006(b)(1), (3)(H), (I), 105 Stat. 1895, 1896.)
A prior section 9 of act June 25, 1947, was classified to section
135g of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a)(2). Pub. L. 102-237, 1006(b)(3)(H), substituted
''the officer or employee'' for ''he'' before ''shall'' in fourth
sentence.
Subsec. (c)(1). Pub. L. 102-237, 1006(b)(3)(I), substituted ''the
person's'' for ''his'' in third sentence.
Subsec. (c)(3). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''believes''.
1988 -- Subsec. (a). Pub. L. 100-532, 302(a), substituted ''(1) For
purposes of'' for ''For purposes of'', inserted ''of the Environmental
Protection Agency or of any State'', substituted ''at reasonable times
(A)'' for ''at reasonable times,'', added cl. (B), and substituted
''(2) Before'' for ''Before''.
Subsec. (b)(1). Pub. L. 100-532, 302(b), amended par. (1)
generally, substituting ''entry, inspection, and copying of records for
purposes of this section or section 136f of this title'' for ''entry for
the purpose of this section''.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136h. Protection of trade secrets and other information
TITLE 7 -- AGRICULTURE
(a) In general
In submitting data required by this subchapter, the applicant may (1)
clearly mark any portions thereof which in the applicant's opinion are
trade secrets or commercial or financial information and (2) submit such
market material separately from other material required to be submitted
under this subchapter.
(b) Disclosure
Notwithstanding any other provision of this subchapter and subject to
the limitations in subsections (d) and (e) of this section, the
Administrator shall not make public information which in the
Administrator's judgment contains or relates to trade secrets or
commercial or financial information obtained from a person and
privileged or confidential, except that, when necessary to carry out the
provisions of this subchapter, information relating to formulas of
products acquired by authorization of this subchapter may be revealed to
any Federal agency consulted and may be revealed at a public hearing or
in findings of fact issued by the Administrator.
(c) Disputes
If the Administrator proposes to release for inspection information
which the applicant or registrant believes to be protected from
disclosure under subsection (b) of this section, the Administrator shall
notify the applicant or registrant, in writing, by certified mail. The
Administrator shall not thereafter make available for inspection such
data until thirty days after receipt of the notice by the applicant or
registrant. During this period, the applicant or registrant may
institute an action in an appropriate district court for a declaratory
judgment as to whether such information is subject to protection under
subsection (b) of this section.
(d) Limitations
(1) All information concerning the objectives, methodology, results,
or significance of any test or experiment performed on or with a
registered or previously registered pesticide or its separate
ingredients, impurities, or degradation products, and any information
concerning the effects of such pesticide on any organism or the behavior
of such pesticide in the environment, including, but not limited to,
data on safety to fish and wildlife, humans and other mammals, plants,
animals, and soil, and studies on persistence, translocation and fate in
the environment, and metabolism, shall be available for disclosure to
the public. The use of such data for any registration purpose shall be
governed by section 136a of this title. This paragraph does not
authorize the disclosure of any information that --
(A) discloses manufacturing or quality control processes,
(B) discloses the details of any methods for testing, detecting, or
measuring the quantity of any deliberately added inert ingredient of a
pesticide, or
(C) discloses the identity or percentage quantity of any deliberately
added inert ingredient of a pesticide,
unless the Administrator has first determined that disclosure is
necessary to protect against an unreasonable risk of injury to health or
the environment.
(2) Information concerning production, distribution, sale, or
inventories of a pesticide that is otherwise entitled to confidential
treatment under subsection (b) of this section may be publicly disclosed
in connection with a public proceeding to determine whether a pesticide,
or any ingredient of a pesticide, causes unreasonable adverse effects on
health or the environment, if the Administrator determines that such
disclosure is necessary in the public interest.
(3) If the Administrator proposes to disclose information described
in clause (A), (B), or (C) of paragraph (1) or in paragraph (2) of this
subsection, the Administrator shall notify by certified mail the
submitter of such information of the intent to release such information.
The Administrator may not release such information, without the
submitter's consent, until thirty days after the submitter has been
furnished such notice. Where the Administrator finds that disclosure of
information described in clause (A), (B), or (C) of paragraph (1) of
this subsection is necessary to avoid or lessen an imminent and
substantial risk of injury to the public health, the Administrator may
set such shorter period of notice (but not less than ten days) and such
method of notice as the Administrator finds appropriate. During such
period the data submitter may institute an action in an appropriate
district court to enjoin or limit the proposed disclosure. The court
may enjoin disclosure, or limit the disclosure or the parties to whom
disclosure shall be made, to the extent that --
(A) in the case of information described in clause (A), (B), or (C)
of paragraph (1) of this subsection, the proposed disclosure is not
required to protect against an unreasonable risk of injury to health or
the environment; or
(B) in the case of information described in paragraph (2) of this
subsection, the public interest in availability of the information in
the public proceeding does not outweigh the interests in preserving the
confidentiality of the information.
(e) Disclosure to contractors
Information otherwise protected from disclosure to the public under
subsection (b) of this section may be disclosed to contractors with the
United States and employees of such contractors if, in the opinion of
the Administrator, such disclosure is necessary for the satisfactory
performance by the contractor of a contract with the United States for
the performance of work in connection with this subchapter and under
such conditions as the Administrator may specify. The Administrator
shall require as a condition to the disclosure of information under this
subsection that the person receiving it take such security precautions
respecting the information as the Administrator shall by regulation
prescribe.
(f) Penalty for disclosure by Federal employees
(1) Any officer or employee of the United States or former officer or
employee of the United States who, by virtue of such employment or
official position, has obtained possession of, or has access to,
material the disclosure of which is prohibited by subsection (b) of this
section, and who, knowing that disclosure of such material is prohibited
by such subsection, willfully discloses the material in any manner to
any person not entitled to receive it, shall be fined not more than
$10,000 or imprisoned for not more than one year, or both. Section 1905
of title 18 shall not apply with respect to the publishing, divulging,
disclosure, or making known of, or making available, information
reported or otherwise obtained under this subchapter. Nothing in this
subchapter shall preempt any civil remedy under State or Federal law for
wrongful disclosure of trade secrets.
(2) For the purposes of this section, any contractor with the United
States who is furnished information as authorized by subsection (e) of
this section, or any employee of any such contractor, shall be
considered to be an employee of the United States.
(g) Disclosure to foreign and multinational pesticide producers
(1) The Administrator shall not knowingly disclose information
submitted by an applicant or registrant under this subchapter to any
employee or agent of any business or other entity engaged in the
production, sale, or distribution of pesticides in countries other than
the United States or in addition to the United States or to any other
person who intends to deliver such data to such foreign or multinational
business or entity unless the applicant or registrant has consented to
such disclosure. The Administrator shall require an affirmation from
any person who intends to inspect data that such person does not seek
access to the data for purposes of delivering it or offering it for sale
to any such business or entity or its agents or employees and will not
purposefully deliver or negligently cause the data to be delivered to
such business or entity or its agents or employees. Notwithstanding any
other provision of this subsection, the Administrator may disclose
information to any person in connection with a public proceeding under
law or regulation, subject to restrictions on the availability of
information contained elsewhere in this subchapter, which information is
relevant to a determination by the Administrator with respect to whether
a pesticide, or any ingredient of a pesticide, causes unreasonable
adverse effects on health or the environment.
(2) The Administrator shall maintain records of the names of persons
to whom data are disclosed under this subsection and the persons or
organizations they represent and shall inform the applicant or
registrant of the names and affiliations of such persons.
(3) Section 1001 of title 18 shall apply to any affirmation made
under paragraph (1) of this subsection.
(June 25, 1947, ch. 125, 10, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 989; amended Sept. 30, 1978, Pub. L. 95-396, 15,
92 Stat. 829; Nov. 8, 1984, Pub. L. 98-620, title IV, 402(4)(B), 98
Stat. 3357; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(f), 102
Stat. 2682; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (2),
(3)(J), 105 Stat. 1895, 1896.)
A prior section 10 of act June 25, 1947, was classified to section
135h of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a). Pub. L. 102-237, 1006(b)(3)(J), substituted
''the applicant's'' for ''his''.
Subsec. (b). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his''.
Subsec. (c). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''shall notify''.
1988 -- Subsec. (d). Pub. L. 100-532 in par. (1), substituted
''public. The use'' for ''public: Provided, That the use'' and
''title. This paragraph'' for ''title: Provided further, That this
paragraph'', and in par. (3), ''notice. Where'' for ''notice:
Provided, That where''.
1984 -- Subsec. (d)(3). Pub. L. 98-620 struck out provisions
requiring the court to give expedited consideration to actions involving
injunctions or limitations of proposed disclosure.
1978 -- Subsec. (b). Pub. L. 95-396, 15(1), made disclosure of
information by the Administrator subject to the limitations of subsecs.
(d) and (e) of this section.
Subsecs. (d) to (g). Pub. L. 95-396, 15(2), added subsecs. (d) to
(g).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136i. Use of restricted use pesticides; applicators
TITLE 7 -- AGRICULTURE
(a) Certification procedure
(1) Federal certification
In any State for which a State plan for applicator certification has
not been approved by the Administrator, the Administrator, in
consultation with the Governor of such State, shall conduct a program
for the certification of applicators of pesticides. Such program shall
conform to the requirements imposed upon the States under the provisions
of subsection (a)(2) of this section and shall not require private
applicators to take any examination to establish competency in the use
of pesticides. Prior to the implementation of the program, the
Administrator shall publish in the Federal Register for review and
comment a summary of the Federal plan for applicator certification and
shall make generally available within the State copies of the plan. The
Administrator shall hold public hearings at one or more locations within
the State if so requested by the Governor of such State during the
thirty days following publication of the Federal Register notice
inviting comment on the Federal plan. The hearings shall be held within
thirty days following receipt of the request from the Governor. In any
State in which the Administrator conducts a certification program, the
Administrator may require any person engaging in the commercial
application, sale, offering for sale, holding for sale, or distribution
of any pesticide one or more uses of which have been classified for
restricted use to maintain such records and submit such reports
concerning the commercial application, sale, or distribution of such
pesticide as the Administrator may by regulation prescribe. Subject to
paragraph (2), the Administrator shall prescribe standards for the
certification of applicators of pesticides. Such standards shall
provide that to be certified, an individual must be determined to be
competent with respect to the use and handling of the pesticides, or to
the use and handling of the pesticide or class of pesticides covered by
such individual's certification. The certification standard for a
private applicator shall, under a State plan submitted for approval, be
deemed fulfilled by the applicator completing a certification form. The
Administrator shall further assure that such form contains adequate
information and affirmations to carry out the intent of this subchapter,
and may include in the form an affirmation that the private applicator
has completed a training program approved by the Administrator so long
as the program does not require the private applicator to take, pursuant
to a requirement prescribed by the Administrator, any examination to
establish competency in the use of the pesticide. The Administrator may
require any pesticide dealer participating in a certification program to
be licensed under a State licensing program approved by the
Administrator.
(2) State certification
If any State, at any time, desires to certify applicators of
pesticides, the Governor of such State shall submit a State plan for
such purpose. The Administrator shall approve the plan submitted by any
State, or any modification thereof, if such plan in the Administrator's
judgment --
(A) designates a State agency as the agency responsible for
administering the plan throughout the State;
(B) contains satisfactory assurances that such agency has or will
have the legal authority and qualified personnel necessary to carry out
the plan;
(C) gives satisfactory assurances that the State will devote adequate
funds to the administration of the plan;
(D) provides that the State agency will make such reports to the
Administrator in such form and containing such information as the
Administrator may from time to time require; and
(E) contains satisfactory assurances that State standards for the
certification of applicators of pesticides conform with those standards
prescribed by the Administrator under paragraph (1).
Any State certification program under this section shall be
maintained in accordance with the State plan approved under this
section.
(b) State plans
If the Administrator rejects a plan submitted under subsection (a)(2)
of this section, the Administrator shall afford the State submitting the
plan due notice and opportunity for hearing before so doing. If the
Administrator approves a plan submitted under subsection (a)(2) of this
section, then such State shall certify applicators of pesticides with
respect to such State. Whenever the Administrator determines that a
State is not administering the certification program in accordance with
the plan approved under this section, the Administrator shall so notify
the State and provide for a hearing at the request of the State, and, if
appropriate corrective action is not taken within a reasonable time, not
to exceed ninety days, the Administrator shall withdraw approval of such
plan.
(c) Instruction in integrated pest management techniques
Standards prescribed by the Administrator for the certification of
applicators of pesticides under subsection (a) of this section, and
State plans submitted to the Administrator under subsection (a) of this
section, shall include provisions for making instructional materials
concerning integrated pest management techniques available to
individuals at their request in accordance with the provisions of
section 136u(c) of this title, but such plans may not require that any
individual receive instruction concerning such techniques or to be shown
to be competent with respect to the use of such techniques. The
Administrator and States implementing such plans shall provide that all
interested individuals are notified on the availability of such
instructional materials.
(d) In general
No regulations prescribed by the Administrator for carrying out the
provisions of this subchapter shall require any private applicator to
maintain any records or file any reports or other documents.
(e) Separate standards
When establishing or approving standards for licensing or
certification, the Administrator shall establish separate standards for
commercial and private applicators.
(June 25, 1947, ch. 125, 11, formerly 4, 11, as added Oct. 21,
1972, Pub. L. 92-516, 2, 86 Stat. 983, 989; amended Nov. 28, 1975,
Pub. L. 94-140, 5, 11, 89 Stat. 753, 754; Sept. 30, 1978, Pub. L.
95-396, 9, 92 Stat. 827; Oct. 25, 1988, Pub. L. 100-532, title VIII,
801(c), (q)(1)(A)-(C), 102 Stat. 2681, 2683; Dec. 13, 1991, Pub. L.
102-237, title X, 1006(a)(6), (b)(1), (2), (3)(K), 105 Stat. 1895,
1896.)
Pub. L. 100-532, 801(q)(1)(A), transferred subsecs. (a) to (c) of
section 4 of act June 25, 1947, which was classified to section 136b of
this title, to subsecs. (a) to (c) of this section.
A prior section 11 of act June 25, 1947, was classified to section
135i of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Pub. L. 102-237, 1006(a)(6)(A), substituted ''applicators''
for ''appplicators'' in section catchline.
Subsec. (a)(1). Pub. L. 102-237, 1006(b)(3)(K), substituted ''the
applicator'' for ''his'' in ninth sentence and ''the Administrator'' for
''him'' before period at end.
Subsec. (a)(2). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his'' in introductory provisions.
Subsec. (b). Pub. L. 102-237, 1006(a)(6)(B), (b)(1), substituted
''subsection (a)(2) of this section'' for ''this paragraph'' in two
places and ''the Administrator'' for ''he'' before ''shall afford'' and
before ''shall so notify''.
Subsec. (c). Pub. L. 102-237, 1006(a)(6)(C), substituted
''subsection (a)'' for ''subsections (a) and (b)'' after ''Administrator
under''.
1988 -- Pub. L. 100-532, 801(q)(1)(A), (C), substituted section
catchline for one which read: ''Standards applicable to pesticide
applicators'', redesignated subsecs. (a) and (b) as (d) and (e),
respectively, and transferred subsecs. (a) to (c) of section 136b of
this title to subsecs. (a) to (c), respectively, of this section.
Subsec. (a)(1). Pub. L. 100-532, 801(c), substituted ''pesticides.
Such program'' for ''pesticides: Provided, That such program'' and
''certification. The certification'' for ''certification: Provided,
however, That the certification''.
1978 -- Subsec. (a)(1). Pub. L. 95-396 required that, in any State
without a State plan for applicator certification approved by the
Administrator, the Administrator, in consultation with the Governor of
the State, shall conduct a program for the certification of applicators
of pesticides under a Federal plan for applicator certification, and
also that in such a State records be maintained and reports submitted by
persons engaged in commercial application, sale or distribution of
pesticides classified for restricted use.
1975 -- Subsec. (a)(1). Pub. L. 94-140, 5, inserted proviso
relating to Administrator's powers and duties with respect to the
certification forms and requirement for pesticide dealers participating
in certification program.
Subsec. (c). Pub. L. 94-140, 11, added subsec. (c).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136i-1. Pesticide recordkeeping
TITLE 7 -- AGRICULTURE
(a) Requirements
(1) The Secretary of Agriculture, in consultation with the
Administrator of the Environmental Protection Agency, shall require
certified applicators of restricted use pesticides (of the type
described under section 136a(d)(1)(C) of this title) to maintain records
comparable to records maintained by commercial applicators of pesticides
in each State. If there is no State requirement for the maintenance of
records, such applicator shall maintain records that contain the product
name, amount, approximate date of application, and location of
application of each such pesticide used for a 2-year period after such
use.
(2) Within 30 days of a pesticide application, a commercial certified
applicator shall provide a copy of records maintained under paragraph
(1) to the person for whom such application was provided.
(b) Access
Records maintained under subsection (a) of this section shall be made
available to any Federal or State agency that deals with pesticide use
or any health or environmental issue related to the use of pesticides,
on the request of such agency. Each such Federal agency shall conduct
surveys and record the data from individual applicators to facilitate
statistical analysis for environmental and agronomic purposes, but in no
case may a government agency release data, including the location from
which the data was derived, that would directly or indirectly reveal the
identity of individual producers. In the case of Federal agencies, such
access to records maintained under subsection (a) of this section shall
be through the Secretary of Agriculture, or the Secretary's designee.
State agency requests for access to records maintained under subsection
(a) of this section shall be through the lead State agency so designated
by the State.
(c) Health care personnel
When a health professional determines that pesticide information
maintained under this section is necessary to provide medical treatment
or first aid to an individual who may have been exposed to pesticides
for which the information is maintained, upon request persons required
to maintain records under subsection (a) of this section shall promptly
provide record and available label information to that health
professional. In the case of an emergency, such record information
shall be provided immediately.
(d) Penalty
The Secretary of Agriculture shall be responsible for the enforcement
of subsections (a), (b), and (c) of this section. A violation of such
subsection shall --
(1) in the case of the first offense, be subject to a fine of not
more than $500; and
(2) in the case of subsequent offenses, be subject to a fine of not
less than $1,000 for each violation, except that the penalty shall be
less than $1,000 if the Secretary determines that the person made a good
faith effort to comply with such subsection.
(e) Federal or State provisions
The requirements of this section shall not affect provisions of other
Federal or State laws.
(f) Surveys and reports
The Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall survey the records maintained
under subsection (a) of this section to develop and maintain a data base
that is sufficient to enable the Secretary and the Administrator to
publish annual comprehensive reports concerning agricultural and
nonagricultural pesticide use. The Secretary and Administrator shall
enter into a memorandum of understanding to define their respective
responsibilities under this subsection in order to avoid duplication of
effort. Such reports shall be transmitted to Congress not later than
April 1 of each year.
(g) Regulations
The Secretary of Agriculture and the Administrator of the
Environmental Protection Agency shall promulgate regulations on their
respective areas of responsibility implementing this section within 180
days after November 28, 1990.
(Pub. L. 101-624, title XIV, 1491, Nov. 28, 1990, 104 Stat. 3627;
Pub. L. 102-237, title X, 1006(d), Dec. 13, 1991, 105 Stat. 1896.)
Section was enacted as part of the Conservation Program Improvements
Act, and also as part of the Food, Agriculture, Conservation, and Trade
Act of 1990, and not as part of the Federal Insecticide, Fungicide, and
Rodenticide Act which comprises this subchapter.
1991 -- Subsec. (a)(1). Pub. L. 102-237, 1006(d)(1), inserted
closing parenthesis after ''section 136a(d)(1)(C) of this title''.
Subsec. (d)(1). Pub. L. 102-237, 1006(d)(2), inserted ''of'' after
''fine''.
07 USC 136j. Unlawful acts
TITLE 7 -- AGRICULTURE
(a) In general
(1) Except as provided by subsection (b) of this section, it shall be
unlawful for any person in any State to distribute or sell to any person
--
(A) any pesticide that is not registered under section 136a of this
title or whose registration has been canceled or suspended, except to
the extent that distribution or sale otherwise has been authorized by
the Administrator under this subchapter;
(B) any registered pesticide if any claims made for it as a part of
its distribution or sale substantially differ from any claims made for
it as a part of the statement required in connection with its
registration under section 136a of this title;
(C) any registered pesticide the composition of which differs at the
time of its distribution or sale from its composition as described in
the statement required in connection with its registration under section
136a of this title;
(D) any pesticide which has not been colored or discolored pursuant
to the provisions of section 136w(c)(5) of this title;
(E) any pesticide which is adulterated or misbranded; or
(F) any device which is misbranded.
(2) It shall be unlawful for any person --
(A) to detach, alter, deface, or destroy, in whole or in part, any
labeling required under this subchapter;
(B) to refuse to --
(i) prepare, maintain, or submit any records required by or under
section 136c, 136e, 136f, 136i, or 136q of this title;
(ii) submit any reports required by or under section 136c, 136d,
136e, 136f, 136i, or 136q of this title; or
(iii) allow any entry, inspection, copying of records, or sampling
authorized by this subchapter;
(C) to give a guaranty or undertaking provided for in subsection (b)
of this section which is false in any particular, except that a person
who receives and relies upon a guaranty authorized under subsection (b)
of this section may give a guaranty to the same effect, which guaranty
shall contain, in addition to the person's own name and address, the
name and address of the person residing in the United States from whom
the person received the guaranty or undertaking;
(D) to use for the person's own advantage or to reveal, other than to
the Administrator, or officials or employees of the Environmental
Protection Agency or other Federal executive agencies, or to the courts,
or to physicians, pharmacists, and other qualified persons, needing such
information for the performance of their duties, in accordance with such
directions as the Administrator may prescribe, any information acquired
by authority of this subchapter which is confidential under this
subchapter;
(E) who is a registrant, wholesaler, dealer, retailer, or other
distributor to advertise a product registered under this subchapter for
restricted use without giving the classification of the product assigned
to it under section 136a of this title;
(F) to distribute or sell, or to make available for use, or to use,
any registered pesticide classified for restricted use for some or all
purposes other than in accordance with section 136a(d) of this title and
any regulations thereunder, except that it shall not be unlawful to
sell, under regulations issued by the Administrator, a restricted use
pesticide to a person who is not a certified applicator for application
by a certified applicator;
(G) to use any registered pesticide in a manner inconsistent with its
labeling;
(H) to use any pesticide which is under an experimental use permit
contrary to the provisions of such permit;
(I) to violate any order issued under section 136k of this title;
(J) to violate any suspension order issued under section
136a(c)(2)(B), 136a-1, or 136d of this title;
(K) to violate any cancellation order issued under this subchapter or
to fail to submit a notice in accordance with section 136d(g) of this
title;
(L) who is a producer to violate any of the provisions of section
136e of this title;
(M) to knowingly falsify all or part of any application for
registration, application for experimental use permit, any information
submitted to the Administrator pursuant to section 136e of this title,
any records required to be maintained pursuant to this subchapter, any
report filed under this subchapter, or any information marked as
confidential and submitted to the Administrator under any provision of
this subchapter;
(N) who is a registrant, wholesaler, dealer, retailer, or other
distributor to fail to file reports required by this subchapter;
(O) to add any substance to, or take any substance from, any
pesticide in a manner that may defeat the purpose of this subchapter;
(P) to use any pesticide in tests on human beings unless such human
beings (i) are fully informed of the nature and purposes of the test and
of any physical and mental health consequences which are reasonably
foreseeable therefrom, and (ii) freely volunteer to participate in the
test;
(Q) to falsify all or part of any information relating to the testing
of any pesticide (or any ingredient, metabolite, or degradation product
thereof), including the nature of any protocol, procedure, substance,
organism, or equipment used, observation made, or conclusion or opinion
formed, submitted to the Administrator, or that the person knows will be
furnished to the Administrator or will become a part of any records
required to be maintained by this subchapter;
(R) to submit to the Administrator data known to be false in support
of a registration; or
(S) to violate any regulation issued under section 136a(a) or 136q of
this title.
(b) Exemptions
The penalties provided for a violation of paragraph (1) of subsection
(a) of this section shall not apply to --
(1) any person who establishes a guaranty signed by, and containing
the name and address of, the registrant or person residing in the United
States from whom the person purchased or received in good faith the
pesticide in the same unbroken package, to the effect that the pesticide
was lawfully registered at the time of sale and delivery to the person,
and that it complies with the other requirements of this subchapter, and
in such case the guarantor shall be subject to the penalties which would
otherwise attach to the person holding the guaranty under the provisions
of this subchapter;
(2) any carrier while lawfully shipping, transporting, or delivering
for shipment any pesticide or device, if such carrier upon request of
any officer or employee duly designated by the Administrator shall
permit such officer or employee to copy all of its records concerning
such pesticide or device;
(3) any public official while engaged in the performance of the
official duties of the public official;
(4) any person using or possessing any pesticide as provided by an
experimental use permit in effect with respect to such pesticide and
such use or possession; or
(5) any person who ships a substance or mixture of substances being
put through tests in which the purpose is only to determine its value
for pesticide purposes or to determine its toxicity or other properties
and from which the user does not expect to receive any benefit in pest
control from its use.
(June 25, 1947, ch. 125, 12, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 989; amended Sept. 30, 1978, Pub. L. 95-396, 16,
92 Stat. 832; Oct. 25, 1988, Pub. L. 100-532, title VI, 601(b)(2),
603, title VIII, 801(g), (q)(2)(B), 102 Stat. 2677, 2678, 2682, 2683;
Dec. 13, 1991, Pub. L. 102-237, title X, 1006(a)(7), (b)(3)(L)-(O), 105
Stat. 1895, 1896.)
A prior section 12 of act June 25, 1947, was classified to section
135j of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a)(2)(C). Pub. L. 102-237, 1006(b)(3)(L),
substituted ''the person's'' for ''his'' and ''the person'' for ''he''
before ''received''.
Subsec. (a)(2)(D). Pub. L. 102-237, 1006(b)(3)(M), substituted ''the
person's'' for ''his''.
Subsec. (a)(2)(F). Pub. L. 102-237, 1006(a)(7)(A), substituted
''thereunder, except that it'' for ''thereunder. It''.
Subsec. (a)(2)(O). Pub. L. 102-237, 1006(a)(7)(B), struck out ''or''
after semicolon at end.
Subsec. (a)(2)(P). Pub. L. 102-237, 1006(a)(7)(C), substituted a
semicolon for period at end.
Subsec. (b)(1). Pub. L. 102-237, 1006(b)(3)(N), substituted ''the
person'' for ''he'' after ''from whom'' and for ''him'' after ''delivery
to''.
Subsec. (b)(3). Pub. L. 102-237, 1006(b)(3)(O), substituted ''the
official duties of the public official'' for ''his official duties''.
1988 -- Subsec. (a)(1). Pub. L. 100-532, 601(b)(2)(A), in
introductory provisions, substituted ''distribute or sell to any
person'' for ''distribute, sell, offer for sale, hold for sale, ship,
deliver for shipment, or receive and (having so received) deliver or
offer to deliver, to any person''.
Subsec. (a)(1)(A). Pub. L. 100-532, 603(1), added subpar. (A) and
struck out former subpar. (A) which read as follows: ''any pesticide
which is not registered under section 136a of this title, except as
provided by section 136d(a)(1) of this title;''.
Subsec. (a)(2)(B). Pub. L. 100-532, 603(2)(A), added subpar. (B)
and struck out former subpar. (B) which read as follows: ''to refuse
to keep any records required pursuant to section 136f of this title, or
to refuse to allow inspection of any records or establishment pursuant
to section 136f or 136g of this title, or to refuse to allow an officer
or employee of the Environmental Protection Agency to take a sample of
any pesticide pursuant to section 136g of this title;''.
Subsec. (a)(2)(F). Pub. L. 100-532, 601(b)(2)(B), 801(g),
substituted ''to distribute or sell, or to make'' for ''to make'' and
''thereunder, It'' for ''thereunder: Provided, That it''.
Subsec. (a)(2)(J). Pub. L. 100-532, 801(q)(2)(B), made a technical
amendment to the reference to section 136a-1 of this title to reflect
the renumbering of the corresponding section of the original act.
Pub. L. 100-532, 603(2)(B), added subpar. (J) and struck out former
subpar. (J) which read as follows: ''to violate any suspension order
issued under section 136d of this title;''.
Subsec. (a)(2)(K). Pub. L. 100-532, 603(2)(B), added subpar. (K)
and struck out former subpar. (K) which read as follows: ''to violate
any cancellation of registration of a pesticide under section 136d of
this title, except as provided by section 136d(a)(1) of this title;''.
Subsec. (a)(2)(M). Pub. L. 100-532, 603(2)(C), substituted ''this
subchapter'' for ''section 136f of this title''.
Subsec. (a)(2)(Q), (R), (S). Pub. L. 100-532, 603(2)(D), added
subpars. (Q), (R), and (S).
1978 -- Subsec. (a)(2)(F). Pub. L. 95-396 inserted proviso exempting
from prohibition the sale, under regulations issued by the
Administrator, of a restricted use pesticide to a person who is not a
certified applicator for application by a certified applicator.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136k. Stop sale, use, removal, and seizure
TITLE 7 -- AGRICULTURE
(a) Stop sale, etc., orders
Whenever any pesticide or device is found by the Administrator in any
State and there is reason to believe on the basis of inspection or tests
that such pesticide or device is in violation of any of the provisions
of this subchapter, or that such pesticide or device has been or is
intended to be distributed or sold in violation of any such provisions,
or when the registration of the pesticide has been canceled by a final
order or has been suspended, the Administrator may issue a written or
printed ''stop sale, use, or removal'' order to any person who owns,
controls, or has custody of such pesticide or device, and after receipt
of such order no person shall sell, use, or remove the pesticide or
device described in the order except in accordance with the provisions
of the order.
(b) Seizure
Any pesticide or device that is being transported or, having been
transported, remains unsold or in original unbroken packages, or that is
sold or offered for sale in any State, or that is imported from a
foreign country, shall be liable to be proceeded against in any district
court in the district where it is found and seized for confiscation by a
process in rem for condemnation if --
(1) in the case of a pesticide --
(A) it is adulterated or misbranded;
(B) it is not registered pursuant to the provisions of section 136a
of this title;
(C) its labeling fails to bear the information required by this
subchapter;
(D) it is not colored or discolored and such coloring or discoloring
is required under this subchapter; or
(E) any of the claims made for it or any of the directions for its
use differ in substance from the representations made in connection with
its registration;
(2) in the case of a device, it is misbranded; or
(3) in the case of a pesticide or device, when used in accordance
with the requirements imposed under this subchapter and as directed by
the labeling, it nevertheless causes unreasonable adverse effects on the
environment.
In the case of a plant regulator, defoliant, or desiccant, used in
accordance with the label claims and recommendations, physical or
physiological effects on plants or parts thereof shall not be deemed to
be injury, when such effects are the purpose for which the plant
regulator, defoliant, or desiccant was applied.
(c) Disposition after condemnation
If the pesticide or device is condemned it shall, after entry of the
decree, be disposed of by destruction or sale as the court may direct
and the proceeds, if sold, less the court costs, shall be paid into the
Treasury of the United States, but the pesticide or device shall not be
sold contrary to the provisions of this subchapter or the laws of the
jurisdiction in which it is sold. On payment of the costs of the
condemnation proceedings and the execution and delivery of a good and
sufficient bond conditioned that the pesticide or device shall not be
sold or otherwise disposed of contrary to the provisions of the
subchapter or the laws of any jurisdiction in which sold, the court may
direct that such pesticide or device be delivered to the owner thereof.
The proceedings of such condemnation cases shall conform, as near as may
be to the proceedings in admiralty, except that either party may demand
trial by jury of any issue of fact joined in any case, and all such
proceedings shall be at the suit of and in the name of the United
States.
(d) Court costs, etc.
When a decree of condemnation is entered against the pesticide or
device, court costs and fees, storage, and other proper expenses shall
be awarded against the person, if any, intervening as claimant of the
pesticide or device.
(June 25, 1947, ch. 125, 13, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 991; amended Oct. 25, 1988, Pub. L. 100-532, title
VIII, 801(h), 102 Stat. 2682.)
A prior section 13 of act June 25, 1947, was classified to section
135k of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1988 -- Subsec. (b). Pub. L. 100-532, 801(h)(1), directed that
sentence beginning ''In the case of'' be moved from par. (3) and become
a full measure sentence after par. (3).
Subsec. (c). Pub. L. 100-532, 801(h)(2), substituted ''sold. On''
for ''sold: Provided, That upon''.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136l. Penalties
TITLE 7 -- AGRICULTURE
(a) Civil penalties
(1) In general
Any registrant, commercial applicator, wholesaler, dealer, retailer,
or other distributor who violates any provision of this subchapter may
be assessed a civil penalty by the Administrator of not more than $5,000
for each offense.
(2) Private applicator
Any private applicator or other person not included in paragraph (1)
who violates any provision of this subchapter subsequent to receiving a
written warning from the Administrator or following a citation for a
prior violation, may be assessed a civil penalty by the Administrator of
not more than $1,000 for each offense, except that any applicator not
included under paragraph (1) of this subsection who holds or applies
registered pesticides, or uses dilutions of registered pesticides, only
to provide a service of controlling pests without delivering any
unapplied pesticide to any person so served, and who violates any
provision of this subchapter may be assessed a civil penalty by the
Administrator of not more than $500 for the first offense nor more than
$1,000 for each subsequent offense.
(3) Hearing
No civil penalty shall be assessed unless the person charged shall
have been given notice and opportunity for a hearing on such charge in
the county, parish, or incorporated city of the residence of the person
charged.
(4) Determination of penalty
In determining the amount of the penalty, the Administrator shall
consider the appropriateness of such penalty to the size of the business
of the person charged, the effect on the person's ability to continue in
business, and the gravity of the violation. Whenever the Administrator
finds that the violation occurred despite the exercise of due care or
did not cause significant harm to health or the environment, the
Administrator may issue a warning in lieu of assessing a penalty.
(5) References to Attorney General
In case of inability to collect such civil penalty or failure of any
person to pay all, or such portion of such civil penalty as the
Administrator may determine, the Administrator shall refer the matter to
the Attorney General, who shall recover such amount by action in the
appropriate United States district court.
(b) Criminal penalties
(1) In general
(A) Any registrant, applicant for a registration, or producer who
knowingly violates any provision of this subchapter shall be fined not
more than $50,000 or imprisoned for not more than 1 year, or both.
(B) Any commercial applicator of a restricted use pesticide, or any
other person not described in subparagraph (A) who distributes or sells
pesticides or devices, who knowingly violates any provision of this
subchapter shall be fined not more than $25,000 or imprisoned for not
more than 1 year, or both.
(2) Private applicator
Any private applicator or other person not included in paragraph (1)
who knowingly violates any provision of this subchapter shall be guilty
of a misdemeanor and shall on conviction be fined not more than $1,000,
or imprisoned for not more than 30 days, or both.
(3) Disclosure of information
Any person, who, with intent to defraud, uses or reveals information
relative to formulas of products acquired under the authority of section
136a of this title, shall be fined not more than $10,000, or imprisoned
for not more than three years, or both.
(4) Acts of officers, agents, etc.
When construing and enforcing the provisions of this subchapter, the
act, omission, or failure of any officer, agent, or other person acting
for or employed by any person shall in every case be also deemed to be
the act, omission, or failure of such person as well as that of the
person employed.
(June 25, 1947, ch. 125, 14, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 992; amended Sept. 30, 1978, Pub. L. 95-396, 17,
92 Stat. 832; Oct. 25, 1988, Pub. L. 100-532, title VI, 604, 102 Stat.
2678; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(a)(8), 105 Stat.
1895.)
1991 -- Subsec. (a)(2). Pub. L. 102-237 substituted '', except
that'' for '': Provided, That'' and ''uses'' for ''use''.
1988 -- Subsec. (b)(1). Pub. L. 100-532 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''Any registrant,
commercial applicator, wholesaler, dealer, retailer, or other
distributor who knowingly violates any provision of this subchapter
shall be guilty of a misdemeanor and shall on conviction be fined not
more than $25,000, or imprisoned for not more than one year, or both.''
1978 -- Subsec. (a)(2). Pub. L. 95-396, 17(1), authorized
assessment of a civil penalty of not more than $500 for a first offense
and not more than $1,000 for each subsequent offense against any
applicator providing a service of controlling pests for violations of
this subchapter.
Subsec. (a)(3). Pub. L. 95-396, 17(2), struck out provision
respecting certain considerations when determining amount of penalty,
now covered in par. (4).
Subsec. (a)(4). Pub. L. 95-396, 17(4), reenacted second sentence of
par. (3) as par. (4) and authorized Administrator to issue a warning
in lieu of assessing a penalty. Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 95-396, 17(3), redesignated former par. (4)
as (5).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136m. Indemnities
TITLE 7 -- AGRICULTURE
(a) General indemnification
(1) In general
Except as otherwise provided in this section, if --
(A) the Administrator notifies a registrant under section 136d(c)(1)
of this title that the Administrator intends to suspend a registration
or that an emergency order of suspension of a registration under section
136d(c)(3) of this title has been issued;
(B) the registration in question is suspended under section 136d(c)
of this title, and thereafter is canceled under section 136d(b),
136d(d), or 136d(f) of this title; and
(C) any person who owned any quantity of the pesticide immediately
before the notice to the registrant under subparagraph (A) suffered
losses by reason of suspension or cancellation of the registration;
the Administrator shall make an indemnity payment to the person.
(2) Exception
Paragraph (1) shall not apply if the Administrator finds that the
person --
(A) had knowledge of facts that, in themselves, would have shown that
the pesticide did not meet the requirements of section 136a(c)(5) of
this title for registration; and
(B) continued thereafter to produce the pesticide without giving
timely notice of such facts to the Administrator.
(3) Report
If the Administrator takes an action under paragraph (1) that
requires the payment of indemnification, the Administrator shall report
to the Committee on Agriculture of the House of Representatives, the
Committee on Agriculture, Nutrition, and Forestry of the Senate, and the
Committees on Appropriations of the House of Representatives and the
Senate on --
(A) the action taken that requires the payment of indemnification;
(B) the reasons for taking the action;
(C) the estimated cost of the payment; and
(D) a request for the appropriation of funds for the payment.
(4) Appropriation
The Administrator may not make a payment of indemnification under
paragraph (1) unless a specific line item appropriation of funds has
been made in advance for the payment.
(b) Indemnification of end users, dealers, and distributors
(1) End users
If --
(A) the Administrator notifies a registrant under section 136d(c)(1)
of this title that the Administrator intends to suspend a registration
or that an emergency order of suspension of a registration under section
136d(c)(3) of this title has been issued;
(B) the registration in question is suspended under section 136d(c)
of this title, and thereafter is canceled under section 136d(b),
136d(d), or 136d(f) of this title; and
(C) any person who, immediately before the notice to the registrant
under subparagraph (A), owned any quantity of the pesticide for purposes
of applying or using the pesticide as an end user, rather than for
purposes of distributing or selling it or further processing it for
distribution or sale, suffered a loss by reason of the suspension or
cancellation of the pesticide;
the person shall be entitled to an indemnity payment under this
subsection for such quantity of the pesticide.
(2) Dealers and distributors
(A) Any registrant, wholesaler, dealer, or other distributor
(hereinafter in this paragraph referred to as a ''seller'') of a
registered pesticide who distributes or sells the pesticide directly to
any person not described as an end user in paragraph (1)(C) shall, with
respect to any quantity of the pesticide that such person cannot use or
resell as a result of the suspension or cancellation of the pesticide,
reimburse such person for the cost of first acquiring the pesticide from
the seller (other than the cost of transportation, if any), unless the
seller provided to the person at the time of distribution or sale a
notice, in writing, that the pesticide is not subject to reimbursement
by the seller.
(B) If --
(i) the Administrator notifies a registrant under section 136d(c)(1)
of this title that the Administrator intends to suspend a registration
or that an emergency order of suspension of a registration under section
136d(c)(3) of this title has been issued;
(ii) the registration in question is suspended under section 136d(c)
of this title, and thereafter is canceled under section 136d(b),
136d(d), or 136d(f) of this title;
(iii) any person who, immediately before the notice to the registrant
under clause (i) --
(I) had not been notified in writing by the seller, as provided under
subparagraph (A), that any quantity of the pesticide owned by such
person is not subject to reimbursement by the seller in the event of
suspension or cancellation of the pesticide; and
(II) owned any quantity of the pesticide for purposes of --
(aa) distributing or selling it; or
(bb) further processing it for distribution or sale directly to an
end user;
suffered a loss by reason of the suspension or cancellation of the
pesticide; and
(iv) the Administrator determines on the basis of a claim of loss
submitted to the Administrator by the person, that the seller --
(I) did not provide the notice specified in subparagraph (A) to such
person; and
(II) is and will continue to be unable to provide reimbursement to
such person, as provided under subparagraph (A), for the loss referred
to in clause (iii), as a result of the insolvency or bankruptcy of the
seller and the seller's resulting inability to provide such
reimbursement;
the person shall be entitled to an indemnity payment under this
subsection for such quantity of the pesticide.
(C) If an indemnity payment is made by the United States under this
paragraph, the United States shall be subrogated to any right that would
otherwise be held under this paragraph by a seller who is unable to make
a reimbursement in accordance with this paragraph with regard to
reimbursements that otherwise would have been made by the seller.
(3) Source
Any payment required to be made under paragraph (1) or (2) shall be
made from the appropriation provided under section 1304 of title 31.
(4) Administrative settlement
An administrative settlement of a claim for such indemnity may be
made in accordance with the third paragraph of section 2414 of title 28
and shall be regarded as if it were made under that section for purposes
of section 1304 of title 31.
(c) Amount of payment
(1) In general
The amount of an indemnity payment under subsection (a) or (b) of
this section to any person shall be determined on the basis of the cost
of the pesticide owned by the person (other than the cost of
transportation, if any) immediately before the issuance of the notice to
the registrant referred to in subsection (a)(1)(A), (b)(1)(A), or
(b)(2)(B)(i) of this section, except that in no event shall an indemnity
payment to any person exceed the fair market value of the pesticide
owned by the person immediately before the issuance of the notice.
(2) Special rule
Notwithstanding any other provision of this subchapter, the
Administrator may provide a reasonable time for use or other disposal of
the pesticide. In determining the quantity of any pesticide for which
indemnity shall be paid under this section, proper adjustment shall be
made for any pesticide used or otherwise disposed of by the owner.
(June 25, 1947, ch. 125, 15, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 993; amended Oct. 25, 1988, Pub. L. 100-532, title
V, 501(a), 102 Stat. 2674.)
1988 -- Pub. L. 100-532 amended section generally, in subsec. (a),
substituting provisions relating to general indemnification for
provisions relating to requirements for payment, adding subsec. (b),
and redesignating provisions of former subsec. (b), with further
amendment, as subsec. (c).
Section 501(a) of Pub. L. 100-532 provided that amendment made by
Pub. L. 100-532 is effective 180 days after Oct. 25, 1988.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
Section 501(b) of Pub. L. 100-532 provided that:
''(1) Source. -- Any obligation of the Administrator to pay an
indemnity arising under section 15 (this section), as it existed prior
to the effective date of the amendment made by this section (see
Effective Date of 1988 Amendment note above), shall be made from the
appropriation provided under section 1304 of title 31, United States
Code.
''(2) Administrative settlement. -- An administrative settlement of a
claim for such indemnity may be made in accordance with the third
paragraph of section 2414 of title 28, United States Code, and shall be
regarded as if it were made under that section for purposes of section
1304 of title 31, United States Code.''
07 USC 136n. Administrative procedure; judicial review
TITLE 7 -- AGRICULTURE
(a) District court review
Except as otherwise provided in this subchapter, the refusal of the
Administrator to cancel or suspend a registration or to change a
classification not following a hearing and other final actions of the
Administrator not committed to the discretion of the Administrator by
law are judicially reviewable by the district courts of the United
States.
(b) Review by court of appeals
In the case of actual controversy as to the validity of any order
issued by the Administrator following a public hearing, any person who
will be adversely affected by such order and who had been a party to the
proceedings may obtain judicial review by filing in the United States
court of appeals for the circuit wherein such person resides or has a
place of business, within 60 days after the entry of such order, a
petition praying that the order be set aside in whole or in part. A
copy of the petition shall be forthwith transmitted by the clerk of the
court to the Administrator or any officer designated by the
Administrator for that purpose, and thereupon the Administrator shall
file in the court the record of the proceedings on which the
Administrator based the Administrator's order, as provided in section
2112 of title 28. Upon the filing of such petition the court shall have
exclusive jurisdiction to affirm or set aside the order complained of in
whole or in part. The court shall consider all evidence of record. The
order of the Administrator shall be sustained if it is supported by
substantial evidence when considered on the record as a whole. The
judgment of the court affirming or setting aside, in whole or in part,
any order under this section shall be final, subject to review by the
Supreme Court of the United States upon certiorari or certification as
provided in section 1254 of title 28. The commencement of proceedings
under this section shall not, unless specifically ordered by the court
to the contrary, operate as a stay of an order.
(c) Jurisdiction of district courts
The district courts of the United States are vested with jurisdiction
specifically to enforce, and to prevent and restrain violations of, this
subchapter.
(d) Notice of judgments
The Administrator shall, by publication in such manner as the
Administrator may prescribe, give notice of all judgments entered in
actions instituted under the authority of this subchapter.
(June 25, 1947, ch. 125, 16, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 994; amended Nov. 8, 1984, Pub. L. 98-620, title
IV, 402(4)(C), 98 Stat. 3357; Oct. 25, 1988, Pub. L. 100-532, title
VIII, 801(i), 102 Stat. 2682; Dec. 13, 1991, Pub. L. 102-237, title X,
1006(b)(1), (2), (3)(P), 105 Stat. 1895, 1896.)
1991 -- Subsec. (b). Pub. L. 102-237, 1006(b)(1), (2), (3)(P),
substituted ''the Administrator'' for ''he'' before ''based'', ''the
Administrator's'' for ''his'', and ''the Administrator'' for ''him''
after ''designated by''.
Subsec. (d). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''may''.
1988 -- Subsec. (a). Pub. L. 100-532 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''Except as is
otherwise provided in this subchapter, Agency refusals to cancel or
suspend registrations or change classifications not following a hearing
and other final Agency actions not committed to Agency discretion by law
are judicially reviewable in the district courts.''
1984 -- Subsec. (b). Pub. L. 98-620 struck out provisions requiring
the court to advance on the docket and expedite the disposition of all
cases filed pursuant to this section.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136o. Imports and exports
TITLE 7 -- AGRICULTURE
(a) Pesticides and devices intended for export
Notwithstanding any other provision of this subchapter, no pesticide
or device or active ingredient used in producing a pesticide intended
solely for export to any foreign country shall be deemed in violation of
this subchapter --
(1) when prepared or packed according to the specifications or
directions of the foreign purchaser, except that producers of such
pesticides and devices and active ingredients used in producing
pesticides shall be subject to sections 136(p), (q)(1)(A), (C), (D),
(E), (G), and (H), 136(q)(2)(A), (B), (C)(i) and (iii), and (D), 136e,
and 136f of this title; and
(2) in the case of any pesticide other than a pesticide registered
under section 136a or sold under section 136d(a)(1) of this title, if,
prior to export, the foreign purchaser has signed a statement
acknowledging that the purchaser understands that such pesticide is not
registered for use in the United States and cannot be sold in the United
States under this subchapter.
A copy of that statement shall be transmitted to an appropriate
official of the government of the importing country.
(b) Cancellation notices furnished to foreign governments
Whenever a registration, or a cancellation or suspension of the
registration of a pesticide becomes effective, or ceases to be
effective, the Administrator shall transmit through the State Department
notification thereof to the governments of other countries and to
appropriate international agencies. Such notification shall, upon
request, include all information related to the cancellation or
suspension of the registration of the pesticide and information
concerning other pesticides that are registered under section 136a of
this title and that could be used in lieu of such pesticide.
(c) Importation of pesticides and devices
The Secretary of the Treasury shall notify the Administrator of the
arrival of pesticides and devices and shall deliver to the
Administrator, upon the Administrator's request, samples of pesticides
or devices which are being imported into the United States, giving
notice to the owner or consignee, who may appear before the
Administrator and have the right to introduce testimony. If it appears
from the examination of a sample that it is adulterated, or misbranded
or otherwise violated the provisions set forth in this subchapter, or is
otherwise injurious to health or the environment, the pesticide or
device may be refused admission, and the Secretary of the Treasury shall
refuse delivery to the consignee and shall cause the destruction of any
pesticide or device refused delivery which shall not be exported by the
consignee within 90 days from the date of notice of such refusal under
such regulations as the Secretary of the Treasury may prescribe. The
Secretary of the Treasury may deliver to the consignee such pesticide or
device pending examination and decision in the matter on execution of
bond for the amount of the full invoice value of such pesticide or
device, together with the duty thereon, and on refusal to return such
pesticide or device for any cause to the custody of the Secretary of the
Treasury, when demanded, for the purpose of excluding them from the
country, or for any other purpose, said consignee shall forfeit the full
amount of said bond. All charges for storage, cartage, and labor on
pesticides or devices which are refused admission or delivery shall be
paid by the owner or consignee, and in default of such payment shall
constitute a lien against any future importation made by such owner or
consignee.
(d) Cooperation in international efforts
The Administrator shall, in cooperation with the Department of State
and any other appropriate Federal agency, participate and cooperate in
any international efforts to develop improved pesticide research and
regulations.
(e) Regulations
The Secretary of the Treasury, in consultation with the
Administrator, shall prescribe regulations for the enforcement of
subsection (c) of this section.
(June 25, 1947, ch. 125, 17, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 995; amended Sept. 30, 1978, Pub. L. 95-396,
18(a), 92 Stat. 833; Oct. 25, 1988, Pub. L. 100-532, title VIII,
801(j), 102 Stat. 2682; Dec. 13, 1991, Pub. L. 102-237, title X,
1006(a)(9), (b)(2), 105 Stat. 1895.)
1991 -- Subsec. (a). Pub. L. 102-237, 1006(a)(9), removed last
sentence from par. (2) and placed it as a full measure sentence under
par. (2).
Subsec. (c). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his''.
1988 -- Subsec. (c). Pub. L. 100-532 substituted ''prescribe. The
Secretary'' for ''prescribe: Provided, That the Secretary'' and ''bond.
All'' for ''bond: And provided further, That all''.
1978 -- Subsec. (a). Pub. L. 95-396, 18(a)(1), amended subsec. (a)
generally.
Subsec. (b). Pub. L. 95-396, 18(a)(2), inserted sentence at end
relating to information to be included in notification.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Section 18(b) of Pub. L. 95-396 provided that: ''The amendment made
by subsection (a)(1) of this section (amending this section) shall
become effective one hundred and eighty days after the date of enactment
of this Act (Sept. 30, 1978).''
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136p. Exemption of Federal and State agencies
TITLE 7 -- AGRICULTURE
The Administrator may, at the Administrator's discretion, exempt any
Federal or State agency from any provision of this subchapter if the
Administrator determines that emergency conditions exist which require
such exemption. The Administrator, in determining whether or not such
emergency conditions exist, shall consult with the Secretary of
Agriculture and the Governor of any State concerned if they request such
determination.
(June 25, 1947, ch. 125, 18, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 995; amended Nov. 28, 1975, Pub. L. 94-140, 8, 89
Stat. 754; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(k), 102
Stat. 2682; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (2),
105 Stat. 1895.)
1991 -- Pub. L. 102-237 substituted ''the Administrator'' for ''he''
before ''determines'' and ''the Administrator's'' for ''his''.
1988 -- Pub. L. 100-532 substituted ''and'' for ''or'' in section
catchline, and directed that sentence beginning ''The Administrator,
in'' be run in after first sentence beginning ''The Administrator may''.
1975 -- Pub. L. 94-140 inserted provision requiring Administrator to
consult with Secretary of Agriculture and Governor of State concerned in
determining whether an emergency situation exists.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136q. Storage, disposal, transportation, and recall
TITLE 7 -- AGRICULTURE
(a) Storage, disposal, and transportation
(1) Data requirements and registration of pesticides
The Administrator may require under section 136a or 136d of this
title that --
(A) the registrant or applicant for registration of a pesticide
submit or cite data or information regarding methods for the safe
storage and disposal of excess quantities of the pesticide to support
the registration or continued registration of a pesticide;
(B) the labeling of a pesticide contain requirements and procedures
for the transportation, storage, and disposal of the pesticide, any
container of the pesticide, any rinsate containing the pesticide, or any
other material used to contain or collect excess or spilled quantities
of the pesticide; and
(C) the registrant of a pesticide provide evidence of sufficient
financial and other resources to carry out a recall plan under
subsection (b) of this section, and provide for the disposition of the
pesticide, in the event of suspension and cancellation of the pesticide.
(2) Pesticides
The Administrator may by regulation, or as part of an order issued
under section 136d of this title or an amendment to such an order --
(A) issue requirements and procedures to be followed by any person
who stores or transports a pesticide the registration of which has been
suspended or canceled;
(B) issue requirements and procedures to be followed by any person
who disposes of stocks of a pesticide the registration of which has been
suspended; and
(C) issue requirements and procedures for the disposal of any
pesticide the registration of which has been canceled.
(3) Containers, rinsates, and other materials
The Administrator may by regulation, or as part of an order issued
under section 136d of this title or an amendment to such an order --
(A) issue requirements and procedures to be followed by any person
who stores or transports any container of a pesticide the registration
of which has been suspended or canceled, any rinsate containing the
pesticide, or any other material used to contain or collect excess or
spilled quantities of the pesticide;
(B) issue requirements and procedures to be followed by any person
who disposes of stocks of any container of a pesticide the registration
of which has been suspended, any rinsate containing the pesticide, or
any other material used to contain or collect excess or spilled
quantities of the pesticide; and
(C) issue requirements and procedures for the disposal of any
container of a pesticide the registration of which has been canceled,
any rinsate containing the pesticide, or any other material used to
contain or collect excess or spilled quantities of the pesticide.
(b) Recalls
(1) In general
If the registration of a pesticide has been suspended and canceled
under section 136d of this title, and if the Administrator finds that
recall of the pesticide is necessary to protect health or the
environment, the Administrator shall order a recall of the pesticide in
accordance with this subsection.
(2) Voluntary recall
If, after determining under paragraph (1) that a recall is necessary,
the Administrator finds that voluntary recall by the registrant and
others in the chain of distribution may be as safe and effective as a
mandatory recall, the Administrator shall request the registrant of the
pesticide to submit, within 60 days of the request, a plan for the
voluntary recall of the pesticide. If such a plan is requested and
submitted, the Administrator shall approve the plan and order the
registrant to conduct the recall in accordance with the plan unless the
Administrator determines, after an informal hearing, that the plan is
inadequate to protect health or the environment.
(3) Mandatory recall
If, after determining under paragraph (1) that a recall is necessary,
the Administrator does not request the submission of a plan under
paragraph (2) or finds such a plan to be inadequate, the Administrator
shall issue a regulation that prescribes a plan for the recall of the
pesticide. A regulation issued under this paragraph may apply to any
person who is or was a registrant, distributor, or seller of the
pesticide, or any successor in interest to such a person.
(4) Recall procedure
A regulation issued under this subsection may require any person that
is subject to the regulation to --
(A) arrange to make available one or more storage facilities to
receive and store the pesticide to which the recall program applies, and
inform the Administrator of the location of each such facility;
(B) accept and store at such a facility those existing stocks of such
pesticide that are tendered by any other person who obtained the
pesticide directly or indirectly from the person that is subject to such
regulation;
(C) on the request of a person making such a tender, provide for
proper transportation of the pesticide to a storage facility; and
(D) take such reasonable steps as the regulation may prescribe to
inform persons who may be holders of the pesticide of the terms of the
recall regulation and how those persons may tender the pesticide and
arrange for transportation of the pesticide to a storage facility.
(5) Contents of recall plan
A recall plan established under this subsection shall include --
(A) the level in the distribution chain to which the recall is to
extend, and a schedule for recall; and
(B) the means to be used to verify the effectiveness of the recall.
(6) Requirements or procedures
No requirement or procedure imposed in accordance with paragraph (2)
of subsection (a) of this section may require the recall of existing
stocks of the pesticide except as provided by this subsection.
(c) Storage costs
(1) Submission of plan
A registrant who wishes to become eligible for reimbursement of
storage costs incurred as a result of a recall prescribed under
subsection (b) of this section for a pesticide whose registration has
been suspended and canceled shall, as soon as practicable after the
suspension of the registration of the pesticide, submit to the
Administrator a plan for the storage and disposal of the pesticide that
meets criteria established by the Administrator by regulation.
(2) Reimbursement
Within a reasonable period of time after such storage costs are
incurred and paid by the registrant, the Administrator shall reimburse
the registrant, on request, for --
(A) none of the costs incurred by the registrant before the date of
submission of the plan referred to in paragraph (1) to the
Administrator;
(B) 100 percent of the costs incurred by the registrant after the
date of submission of the plan to the Administrator or the date of
cancellation of the registration of the pesticide, whichever is later,
but before the approval of the plan by the Administrator;
(C) 50 percent of the costs incurred by the registrant during the
1-year period beginning on the date of the approval of the plan by the
Administrator or the date of cancellation of the registration of the
pesticide, whichever is later;
(D) none of the costs incurred by the registrant during the 3-year
period beginning on the 366th day following approval of the plan by the
Administrator or the date of cancellation of the registration of the
pesticide, whichever is later; and
(E) 25 percent of the costs incurred by the registrant during the
period beginning on the first day of the 5th year following the date of
the approval of the plan by the Administrator or the date of
cancellation of the registration of the pesticide, whichever is later,
and ending on the date that a disposal permit for the pesticide is
issued by a State or an alternative plan for disposal of the pesticide
in accordance with applicable law has been developed.
(d) Administration of storage, disposal, transportation, and recall
programs
(1) Voluntary agreements
Nothing in this section shall be construed as preventing or making
unlawful any agreement between a seller and a buyer of any pesticide or
other substance regarding the ultimate allocation of the costs of
storage, transportation, or disposal of a pesticide.
(2) Rule and regulation review
Section 136w(a)(4) of this title shall not apply to any regulation
issued under subsection (a)(2) or (b) of this section.
(3) Limitations
No registrant shall be responsible under this section for a pesticide
the registration of which is held by another person. No distributor or
seller shall be responsible under this section for a pesticide that the
distributor or seller did not hold or sell.
(4) Seizure and penalties
If the Administrator finds that a person who is subject to a
regulation or order under subsection (a)(2) or (b) of this section has
failed substantially to comply with that regulation or order, the
Administrator may take action under section 136k or 136l of this title
or obtain injunctive relief under section 136n(c) of this title against
such person or any successor in interest of any such person.
(e) Container design
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the heads of
other interested Federal agencies, promulgate regulations for the design
of pesticide containers that will promote the safe storage and disposal
of pesticides.
(B) The regulations shall ensure, to the fullest extent practicable,
that the containers --
(i) accommodate procedures used for the removal of pesticides from
the containers and the rinsing of the containers;
(ii) facilitate the safe use of the containers, including elimination
of splash and leakage of pesticides from the containers;
(iii) facilitate the safe disposal of the containers; and
(iv) facilitate the safe refill and reuse of the containers.
(2) Compliance
The Administrator shall require compliance with the regulations
referred to in paragraph (1) not later than 5 years after the effective
date of this subsection.
(f) Pesticide residue removal
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the heads of
other interested Federal agencies, promulgate regulations prescribing
procedures and standards for the removal of pesticides from containers
prior to disposal.
(B) The regulations may --
(i) specify, for each major type of pesticide container, procedures
and standards providing for, at a minimum, triple rinsing or the
equivalent degree of pesticide removal;
(ii) specify procedures that can be implemented promptly and easily
in various circumstances and conditions;
(iii) provide for reuse, whenever practicable, or disposal of rinse
water and residue; and
(iv) be coordinated with requirements for the rinsing of containers
imposed under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(C) The Administrator may, at the discretion of the Administrator,
exempt products intended solely for household use from the requirements
of this subsection.
(2) Compliance
Effective beginning 5 years after the effective date of this
subsection, a State may not exercise primary enforcement responsibility
under section 136w-1 of this title, or certify an applicator under
section 136i of this title, unless the Administrator determines that the
State is carrying out an adequate program to ensure compliance with this
subsection.
(3) Solid Waste Disposal Act
Nothing in this subsection shall affect the authorities or
requirements concerning pesticide containers under the Solid Waste
Disposal Act (42 U.S.C. 6901).
(g) Pesticide container study
(1) Study
(A) The Administrator shall conduct a study of options to encourage
or require --
(i) the return, refill, and reuse of pesticide containers;
(ii) the development and use of pesticide formulations that
facilitate the removal of pesticide residues from containers; and
(iii) the use of bulk storage facilities to reduce the number of
pesticide containers requiring disposal.
(B) In conducting the study, the Administrator shall --
(i) consult with the heads of other interested Federal agencies,
State agencies, industry groups, and environmental organizations; and
(ii) assess the feasibility, costs, and environmental benefits of
encouraging or requiring various measures or actions.
(2) Report
Not later than 2 years after the effective date of this subsection,
the Administrator shall submit to Congress a report describing the
results of the study required under paragraph (1).
(h) Relationship to Solid Waste Disposal Act
Nothing in this section shall diminish the authorities or
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(June 25, 1947, ch. 125, 19, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 995; amended Sept. 30, 1978, Pub. L. 95-396, 19,
92 Stat. 833; Oct. 25, 1988, Pub. L. 100-532, title IV, 401-403,
title VIII, 801(q)(1)(D), 102 Stat. 2669, 2672, 2683.)
The effective date of this subsection, referred to in subsecs. (e),
(f)(1)(A), (2), and (g)(2), is 60 days after Oct. 25, 1988, the
effective date of Pub. L. 100-532. See Effective Date of 1988 Amendment
note below.
The Solid Waste Disposal Act, referred to in subsecs. (f)(1)(B)(iv),
(3) and (h), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat.
997, as amended generally by Pub. L. 94-580, 2, Oct. 21, 1976, 90
Stat. 2795, which is classified generally to chapter 82 ( 6901 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 6901
of Title 42 and Tables.
1988 -- Pub. L. 100-532, 401, amended section generally, in subsec.
(a) substituting provisions which related to storage, disposal, and
transportation, for provisions which directed Secretary to establish
procedures for disposal or storage, in subsec. (b) substituting
provisions which related to recalls, for provisions which directed
Administrator to provide advice to Secretary of Transportation, in
subsec. (c) substituting provisions which related to storage costs, for
provisions which related to disposal of unused quantities, and adding
subsec. (d).
Subsec. (a)(3). Pub. L. 100-532, 402, added par. (3).
Subsecs. (e), (f). Pub. L. 100-532, 403, added subsecs. (e) and
(f).
Subsec. (f)(2). Pub. L. 100-532, 801(q)(1)(D), substituted ''136i''
for ''136b''.
Subsecs. (g), (h). Pub. L. 100-532, 403, added subsecs. (g) and
(h).
1978 -- Subsec. (c). Pub. L. 95-396 added subsec. (c).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136r. Research and monitoring
TITLE 7 -- AGRICULTURE
(a) Research
The Administrator shall undertake research including research by
grant or contract with other Federal agencies, universities, or others
as may be necessary to carry out the purposes of this subchapter, and
the Administrator shall conduct research into integrated pest management
in coordination with the Secretary of Agriculture. The Administrator
shall also take care to ensure that such research does not duplicate
research being undertaken by any other Federal agency.
(b) National monitoring plan
The Administrator shall formulate and periodically revise, in
cooperation with other Federal, State, or local agencies, a national
plan for monitoring pesticides.
(c) Monitoring
The Administrator shall undertake such monitoring activities,
including, but not limited to monitoring in air, soil, water, man,
plants, and animals, as may be necessary for the implementation of this
subchapter and of the national pesticide monitoring plan. The
Administrator shall establish procedures for the monitoring of man and
animals and their environment for incidential /1/ pesticide exposure,
including, but not limited to, the quantification of incidental human
and environmental pesticide pollution and the secular trends thereof,
and identification of the sources of contamination and their
relationship to human and environmental effects. Such activities shall
be carried out in cooperation with other Federal, State, and local
agencies.
(June 25, 1947, ch. 125, 20, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 996; amended Sept. 30, 1978, Pub. L. 95-396, 20,
92 Stat. 834; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(a)(10),
(b)(1), 105 Stat. 1895.)
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''ensure'' for
''insure'' and ''the Administrator'' for ''he'' before ''shall
conduct''.
1978 -- Subsec. (a). Pub. L. 95-396, 20(1), substituted in first
sentence ''shall conduct research into integrated pest management in
coordination with the Secretary of Agriculture'' for ''shall give
priority to research to develop biologically integrated alternatives for
pest control''.
Subsec. (c). Pub. L. 95-396, 20(2), inserted provision requiring
establishment of monitoring procedures and the carrying out of the
activities in cooperation with other Federal, State, and local agencies.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
/1/ So in original. Probably should be ''incidental''.
07 USC 136s. Solicitation of comments; notice of public hearings
TITLE 7 -- AGRICULTURE
(a) Secretary of Agriculture
The Administrator, before publishing regulations under this
subchapter, shall solicit the views of the Secretary of Agriculture in
accordance with the procedure described in section 136w(a) of this
title.
(b) Views
In addition to any other authority relating to public hearings and
solicitation of views, in connection with the suspension or cancellation
of a pesticide registration or any other actions authorized under this
subchapter, the Administrator may, at the Administrator's discretion,
solicit the views of all interested persons, either orally or in
writing, and seek such advice from scientists, farmers, farm
organizations, and other qualified persons as the Administrator deems
proper.
(c) Notice
In connection with all public hearings under this subchapter the
Administrator shall publish timely notice of such hearings in the
Federal Register.
(June 25, 1947, ch. 125, 21, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 996; amended Nov. 28, 1975, Pub. L. 94-140, 2(b),
89 Stat. 752; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(l), 102
Stat. 2682; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (2),
105 Stat. 1895.)
1991 -- Subsec. (b). Pub. L. 102-237 substituted ''the
Administrator'' for ''he'' before ''deems'' and ''the Administrator's''
for ''his''.
1988 -- Pub. L. 100-532, 801(l), inserted headings for subsecs.
(a) to (c).
1975 -- Subsec. (a). Pub. L. 94-140 inserted ''in accordance with
the procedure described in section 136w(a) of this title'' after
''Secretary of Agriculture''.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136t. Delegation and cooperation
TITLE 7 -- AGRICULTURE
(a) Delegation
All authority vested in the Administrator by virtue of the provisions
of this subchapter may with like force and effect be executed by such
employees of the Environmental Protection Agency as the Administrator
may designate for the purpose.
(b) Cooperation
The Administrator shall cooperate with Department of Agriculture, any
other Federal agency, and any appropriate agency of any State or any
political subdivision thereof, in carrying out the provisions of this
subchapter, and in securing uniformity of regulations.
(June 25, 1947, ch. 125, 22, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 996.)
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136u. State cooperation, aid, and training
TITLE 7 -- AGRICULTURE
(a) Cooperative agreements
The Administrator may enter into cooperative agreements with States
and Indian tribes --
(1) to delegate to any State or Indian tribe the authority to
cooperate in the enforcement of this subchapter through the use of its
personnel or facilities, to train personnel of the State or Indian tribe
to cooperate in the enforcement of this subchapter, and to assist States
and Indian tribes in implementing cooperative enforcement programs
through grants-in-aid; and
(2) to assist States in developing and administering State programs,
and Indian tribes that enter into cooperative agreements, to train and
certify applicators consistent with the standards the Administrator
prescribes.
Effective with the fiscal year beginning October 1, 1978, there are
authorized to be appropriated annually such funds as may be necessary
for the Administrator to provide through cooperative agreements an
amount equal to 50 percent of the anticipated cost to each State or
Indian tribe, as agreed to under such cooperative agreements, of
conducting training and certification programs during such fiscal year.
If funds sufficient to pay 50 percent of the costs for any year are not
appropriated, the share of each State and Indian tribe shall be reduced
in a like proportion in allocating available funds.
(b) Contracts for training
In addition, the Administrator may enter into contracts with Federal,
State, or Indian tribal agencies for the purpose of encouraging the
training of certified applicators.
(c) Information and education
The Administrator shall, in cooperation with the Secretary of
Agriculture, use the services of the cooperative State extension
services to inform and educate pesticide users about accepted uses and
other regulations made under this subchapter.
(June 25, 1947, ch. 125, 23, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 996; amended Sept. 30, 1978, Pub. L. 95-396, 21,
92 Stat. 834.)
1978 -- Subsec. (a). Pub. L. 95-396 extended provisions to Indian
tribes, authorized annual appropriation of funds for training and
certification programs, and required proportionate reduction of shares
in the allocation of available funds when appropriations do not cover 50
percent of the annual costs.
Subsec. (b). Pub. L. 95-396 authorized contracts with Indian tribal
agencies.
Subsec. (c). Pub. L. 95-396 substituted ''shall'' for ''may'',
substituted ''use'' for ''utilize'', and ''to inform and educate
pesticide users about accepted uses and other regulations'' for ''for
informing farmers of accepted uses and other regulations''.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136v. Authority of States
TITLE 7 -- AGRICULTURE
(a) In general
A State may regulate the sale or use of any federally registered
pesticide or device in the State, but only if and to the extent the
regulation does not permit any sale or use prohibited by this
subchapter.
(b) Uniformity
Such State shall not impose or continue in effect any requirements
for labeling or packaging in addition to or different from those
required under this subchapter.
(c) Additional uses
(1) A State may provide registration for additional uses of federally
registered pesticides formulated for distribution and use within that
State to meet special local needs in accord with the purposes of this
subchapter and if registration for such use has not previously been
denied, disapproved, or canceled by the Administrator. Such
registration shall be deemed registration under section 136a of this
title for all purposes of this subchapter, but shall authorize
distribution and use only within such State.
(2) A registration issued by a State under this subsection shall not
be effective for more than ninety days if disapproved by the
Administrator within that period. Prior to disapproval, the
Administrator shall, except as provided in paragraph (3) of this
subsection, advise the State of the Administrator's intention to
disapprove and the reasons therefor, and provide the State time to
respond. The Administrator shall not prohibit or disapprove a
registration issued by a State under this subsection (A) on the basis of
lack of essentiality of a pesticide or (B) except as provided in
paragraph (3) of this subsection, if its composition and use patterns
are similar to those of a federally registered pesticide.
(3) In no instance may a State issue a registration for a food or
feed use unless there exists a tolerance or exemption under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that permits the
residues of the pesticides on the food or feed. If the Administrator
determines that a registration issued by a State is inconsistent with
the Federal Food, Drug, and Cosmetic Act, or the use of, a pesticide
under a registration issued by a State constitutes an imminent hazard,
the Administrator may immediately disapprove the registration.
(4) If the Administrator finds, in accordance with standards set
forth in regulations issued under section 136w of this title, that a
State is not capable of exercising adequate controls to assure that
State registration under this section will be in accord with the
purposes of this subchapter or has failed to exercise adequate controls,
the Administrator may suspend the authority of the State to register
pesticides until such time as the Administrator is satisfied that the
State can and will exercise adequate controls. Prior to any such
suspension, the Administrator shall advise the State of the
Administrator's intention to suspend and the reasons therefor and
provide the State time to respond.
(June 25, 1947, ch. 125, 24, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 997; amended Sept. 30, 1978, Pub. L. 95-396, 22,
92 Stat. 835; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(m), 102
Stat. 2682.)
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
which is classified generally to chapter 9 ( 301 et seq.) of Title 21,
Food and Drugs. For complete classification of this Act to the Code,
see section 301 of Title 21 and Tables.
1988 -- Pub. L. 100-532, 801(m), inserted headings for subsecs.
(a) to (c) and realigned margins of pars. (1) to (4) of subsec. (c).
1978 -- Subsec. (a). Pub. L. 95-396 inserted ''federally
registered'' before ''pesticide or device''.
Subsec. (b). Pub. L. 95-396 substituted ''labeling or packaging'' and
''required under'' for ''labeling and packaging'' and ''required
pursuant to'', respectively.
Subsec. (c)(1). Pub. L. 95-396 incorporated existing text in
provisions designated par. (1) and substituted ''registration for
additional uses of federally registered pesticides'' for ''registration
for pesticides''.
Subsec. (c)(2). Pub. L. 95-396 incorporated existing text in
provisions designated par. (2), conditioned disapproval of registration
on communication of intention to disapprove and reasons for disapproval
and provision for time to respond, and restricted authority of
Administrator to prohibit or disapprove a State registration.
Subsec. (c)(3). Pub. L. 95-396 added par. (3).
Subsec. (c)(4). Pub. L. 95-396 incorporated existing text in
provisions designated par. (4) and authorized suspension of
registration authority of the State based on findings of inability or
failure to exercise adequate controls following an indication of
intention to suspend and reasons for the suspension and provision for
time to respond.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136w. Authority of Administrator
TITLE 7 -- AGRICULTURE
(a) In general
(1) Regulations
The Administrator is authorized, in accordance with the procedure
described in paragraph (2), to prescribe regulations to carry out the
provisions of this subchapter. Such regulations shall take into account
the difference in concept and usage between various classes of
pesticides and differences in environmental risk and the appropriate
data for evaluating such risk between agricultural and nonagricultural
pesticides.
(2) Procedure
(A) Proposed regulations
At least 60 days prior to signing any proposed regulation for
publication in the Federal Register, the Administrator shall provide the
Secretary of Agriculture with a copy of such regulation. If the
Secretary comments in writing to the Administrator regarding any such
regulation within 30 days after receiving it, the Administrator shall
publish in the Federal Register (with the proposed regulation) the
comments of the Secretary and the response of the Administrator with
regard to the Secretary's comments. If the Secretary does not comment
in writing to the Administrator regarding the regulation within 30 days
after receiving it, the Administrator may sign such regulation for
publication in the Federal Register any time after such 30-day period
notwithstanding the foregoing 60-day time requirement.
(B) Final regulations
At least 30 days prior to signing any regulation in final form for
publication in the Federal Register, the Administrator shall provide the
Secretary of Agriculture with a copy of such regulation. If the
Secretary comments in writing to the Administrator regarding any such
final regulation within 15 days after receiving it, the Administrator
shall publish in the Federal Register (with the final regulation) the
comments of the Secretary, if requested by the Secretary, and the
response of the Administrator concerning the Secretary's comments. If
the Secretary does not comment in writing to the Administrator regarding
the regulation within 15 days after receiving it, the Administrator may
sign such regulation for publication in the Federal Register at any time
after such 15-day period notwithstanding the foregoing 30-day time
requirement. In taking any final action under this subsection, the
Administrator shall include among those factors to be taken into account
the effect of the regulation on production and prices of agricultural
commodities, retail food prices, and otherwise on the agricultural
economy, and the Administrator shall publish in the Federal Register an
analysis of such effect.
(C) Time requirements
The time requirements imposed by subparagraphs (A) and (B) may be
waived or modified to the extent agreed upon by the Administrator and
the Secretary.
(D) Publication in the Federal Register
The Administrator shall, simultaneously with any notification to the
Secretary of Agriculture under this paragraph prior to the issuance of
any proposed or final regulation, publish such notification in the
Federal Register.
(3) Congressional committees
At such time as the Administrator is required under paragraph (2) of
this subsection to provide the Secretary of Agriculture with a copy of
proposed regulations and a copy of the final form of regulations, the
Administrator shall also furnish a copy of such regulations to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
(4) Congressional review of regulations
Simultaneously with the promulgation of any rule or regulation under
this subchapter, the Administrator shall transmit a copy thereof to the
Secretary of the Senate and the Clerk of the House of Representatives.
The rule or regulation shall not become effective until the passage of
60 calendar days after the rule or regulation is so transmitted.
(b) Exemption of pesticides
The Administrator may exempt from the requirements of this subchapter
by regulation any pesticide which the Administrator determines either
(1) to be adequately regulated by another Federal agency, or (2) to be
of a character which is unnecessary to be subject to this subchapter in
order to carry out the purposes of this subchapter.
(c) Other authority
The Administrator, after notice and opportunity for hearing, is
authorized --
(1) to declare a pest any form of plant or animal life (other than
man and other than bacteria, virus, and other micro-organisms on or in
living man or other living animals) which is injurious to health or the
environment;
(2) to determine any pesticide which contains any substance or
substances in quantities highly toxic to man;
(3) to establish standards (which shall be consistent with those
established under the authority of the Poison Prevention Packaging Act
(Public Law 91-601) (15 U.S.C. 1471 et seq.)) with respect to the
package, container, or wrapping in which a pesticide or device is
enclosed for use or consumption, in order to protect children and adults
from serious injury or illness resulting from accidental ingestion or
contact with pesticides or devices regulated by this subchapter as well
as to accomplish the other purposes of this subchapter;
(4) to specify those classes of devices which shall be subject to any
provision of section 136(q)(1) or section 136e of this title upon the
Administrator's determination that application of such provision is
necessary to effectuate the purposes of this subchapter;
(5) to prescribe regulations requiring any pesticide to be colored or
discolored if the Administrator determines that such requirement is
feasible and is necessary for the protection of health and the
environment; and
(6) to determine and establish suitable names to be used in the
ingredient statement.
(d) Scientific advisory panel
The Administrator shall submit to an advisory panel for comment as to
the impact on health and the environment of the action proposed in
notices of intent issued under section 136d(b) of this title and of the
proposed and final form of regulations issued under subsection (a) of
this section within the same time periods as provided for the comments
of the Secretary of Agriculture under such section 136d(b) and
subsection (a) of this section. The time requirements for notices of
intent and proposed and final forms of regulation may not be modified or
waived unless in addition to meeting the requirements of section 136d(b)
of this title or subsection (a) of this section, as applicable, the
advisory panel has failed to comment on the proposed action within the
prescribed time period or has agreed to the modification or waiver. The
Administrator shall also solicit from the advisory panel comments,
evaluations, and recommendations for operating guidelines to improve the
effectiveness and quality of scientific analyses made by personnel of
the Environmental Protection Agency that lead to decisions by the
Administrator in carrying out the provisions of this subchapter. The
comments, evaluations, and recommendations of the advisory panel
submitted under this subsection and the response of the Administrator
shall be published in the Federal Register in the same manner as
provided for publication of the comments of the Secretary of Agriculture
under such sections. The chairman of the advisory panel, after
consultation with the Administrator, may create temporary subpanels on
specific projects to assist the full advisory panel in expediting and
preparing its evaluations, comments, and recommendations. The subpanels
may be composed of scientists other than members of the advisory panel,
as deemed necessary for the purpose of evaluating scientific studies
relied upon by the Administrator with respect to proposed action. Such
additional scientists shall be selected by the advisory panel. The
panel referred to in this subsection shall consist of 7 members
appointed by the Administrator from a list of 12 nominees, 6 nominated
by the National Institutes of Health and 6 by the National Science
Foundation, utilizing a system of staggered terms of appointment.
Members of the panel shall be selected on the basis of their
professional qualifications to assess the effects of the impact of
pesticides on health and the environment. To the extent feasible to
insure multidisciplinary representation, the panel membership shall
include representation from the disciplines of toxicology, pathology,
environmental biology, and related sciences. If a vacancy occurs on the
panel due to expiration of a term, resignation, or any other reason,
each replacement shall be selected by the Administrator from a group of
4 nominees, 2 submitted by each of the nominating entities named in this
subsection. The Administrator may extend the term of a panel member
until the new member is appointed to fill the vacancy. If a vacancy
occurs due to resignation, or reason other than expiration of a term,
the Administrator shall appoint a member to serve during the unexpired
term utilizing the nomination process set forth in this subsection.
Should the list of nominees provided under this subsection be
unsatisfactory, the Administrator may request an additional set of
nominees from the nominating entities. The Administrator may require
such information from the nominees to the advisory panel as the
Administrator deems necessary, and the Administrator shall publish in
the Federal Register the name, address, and professional affiliations of
each nominee. Each member of the panel shall receive per diem
compensation at a rate not in excess of that fixed for GS-18 of the
General Schedule as may be determined by the Administrator, except that
any such member who holds another office or position under the Federal
Government the compensation for which exceeds such rate may elect to
receive compensation at the rate provided for such other office or
position in lieu of the compensation provided by this subsection. In
order to assure the objectivity of the advisory panel, the Administrator
shall promulgate regulations regarding conflicts of interest with
respect to the members of the panel. The advisory panel established
under this section shall be permanent. In performing the functions
assigned by this subchapter, the panel shall consult and coordinate its
activities with the Science Advisory Board established under the
Environmental Research, Development, and Demonstration Authorization Act
of 1978 (42 U.S.C. 4365). Whenever the Administrator exercises
authority under section 136d(c) of this title to immediately suspend the
registration of any pesticide to prevent an imminent hazard, the
Administrator shall promptly submit to the advisory panel for comment,
as to the impact on health and the environment, the action taken to
suspend the registration of such pesticide.
(e) Peer review
The Administrator shall, by written procedures, provide for peer
review with respect to the design, protocols, and conduct of major
scientific studies conducted under this subchapter by the Environmental
Protection Agency or by any other Federal agency, any State or political
subdivision thereof, or any institution or individual under grant,
contract, or cooperative agreement from or with the Environmental
Protection Agency. In such procedures, the Administrator shall also
provide for peer review, using the advisory panel established under
subsection (d) of this section or appropriate experts appointed by the
Administrator from a current list of nominees maintained by such panel,
with respect to the results of any such scientific studies relied upon
by the Administrator with respect to actions the Administrator may take
relating to the change in classification, suspension, or cancellation of
a pesticide. Whenever the Administrator determines that circumstances
do not permit the peer review of the results of any such scientific
study prior to the Administrator's exercising authority under section
136d(c) of this title to immediately suspend the registration of any
pesticide to prevent an imminent hazard, the Administrator shall
promptly thereafter provide for the conduct of peer review as provided
in this sentence. The evaluations and relevant documentation
constituting the peer review that relate to the proposed scientific
studies and the results of the completed scientific studies shall be
included in the submission for comment forwarded by the Administrator to
the advisory panel as provided in subsection (d) of this section. As
used in this subsection, the term ''peer review'' shall mean an
independent evaluation by scientific experts, either within or outside
the Environmental Protection Agency, in the appropriate disciplines.
(June 25, 1947, ch. 125, 25, as added Oct. 21, 1972, Pub. L.
92-516, 2, 86 Stat. 997; amended Nov. 28, 1975, Pub. L. 94-140,
2(a), 6, 7, 89 Stat. 751, 753; Sept. 30, 1978, Pub. L. 95-396, 23, 92
Stat. 836; Dec. 17, 1980, Pub. L. 96-539, 1, 2(a), 4, 94 Stat. 3194,
3195; Dec. 2, 1983, Pub. L. 98-201, 1, 97 Stat. 1379; Nov. 8, 1984,
Pub. L. 98-620, title IV, 402(4)(D), 98 Stat. 3357; June 27, 1988,
Pub. L. 100-352, 6(i), 102 Stat. 664; Oct. 25, 1988, Pub. L. 100-532,
title VI, 602, 605, title VIII, 801(n), 102 Stat. 2678, 2679, 2683;
Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (2), 105 Stat.
1895.)
The Poison Prevention Packaging Act, referred to in subsec. (c)(3),
is Pub. L. 91-601, Dec. 30, 1970, 84 Stat. 1670, as amended, which is
classified principally to chapter 39A ( 1471 et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 1471 of Title 15, and
Tables.
References in subsec. (c)(4) to ''section 136(q)(1)'' was, in the
original, a reference to ''paragraph 2(q)(1)'' and has been editorially
translated as ''section 136(q)(1)'' as the probable intent of Congress.
The Environmental Research, Development, and Demonstration
Authorization Act of 1978, referred to in subsec. (d), is Pub. L.
95-155, Nov. 8, 1977, 91 Stat. 1257, as amended. Provisions of the
Act establishing the Science Advisory Board are classified to section
4365 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Tables.
1991 -- Subsec. (a)(3). Pub. L. 102-237, 1006(b)(1), substituted
''the Administrator'' for ''he'' before ''shall''.
Subsec. (b). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''determines''.
Subsec. (c)(4). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his''.
Subsec. (c)(5). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''determines''.
Subsec. (d). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''deems necessary'' and before ''shall
publish''.
1988 -- Subsec. (a). Pub. L. 100-532, 801(n)(1), amended heading
and directed that pars. (1) to (3) be aligned at left margin with
subsec. (c)(1), and that subpars. (A) to (D) of par. (2) be indented,
and in par. (3) substituted ''Committee on Agriculture, Nutrition, and
Forestry'' for ''Committee on Agriculture and Forestry''.
Subsec. (a)(4). Pub. L. 100-532, 605, amended par. (4) generally,
substituting single unlettered par. (4) for former subpars. (A) to
(E).
Pub. L. 100-352, in subpar. (E), struck out ''(i)'' before ''Any
interested'' and struck out cl. (ii) which provided that
notwithstanding any other provision of law, any decision on a matter
certified under cl. (i) of this subparagraph be reviewable by appeal
directly to the Supreme Court of the United States, with such appeal to
be brought not later than 20 days after the decision of the court of
appeals.
Subsec. (d). Pub. L. 100-532, 602, substituted ''section shall be
permanent'' for ''subsection shall terminate September 30, 1987''.
Subsec. (e). Pub. L. 100-532, 801(n)(2), substituted ''pesticide.
Whenever'' for ''pesticide: Provided, That whenever''.
1984 -- Subsec. (a)(4)(E)(iii). Pub. L. 98-620 struck out cl. (iii)
requiring the court of appeals and the Supreme Court to advance on the
docket and expedite the disposition of any matter certified under cl.
(i) of this subparagraph.
1983 -- Subsec. (d). Pub. L. 98-201 in fourth sentence, inserted
''under this subsection'' after ''submitted''; in eighth sentence,
provided for utilization of a system of staggered terms of appointment
and substituted ''7'' and ''6'' for ''seven'' and ''six'', respectively,
and inserted ninth through fourteenth sentences respecting basis for
selection of members, multidisciplinary representation, appointments to
fill vacancies, extension of term pending filling of vacancies,
appointment for unexpired term, and request for additional set of
nominees from nominating entities; and in present eighteenth, formerly
twelfth sentence, extended termination date to Sept. 30, 1987, from
Sept. 30, 1981.
1980 -- Subsec. (a)(4). Pub. L. 96-539, 4, added par. (4).
Subsec. (d). Pub. L. 96-539, 1, inserted provisions relating to
composition of subpanels and submissions to advisory panels respecting
registration suspensions.
Subsec. (e). Pub. L. 96-539, 2(a), added subsec. (e).
1978 -- Subsec. (a)(1). Pub. L. 95-396, 23(1), required regulations
to take into account differences in environmental risk and appropriate
data for evaluating such risk between agricultural and nonagricultural
pesticides.
Subsec. (a)(2)(B). Pub. L. 95-396, 23(2), required the
Administrator, before taking any final action, to consider certain
factors bearing on the agricultural economy and to publish an analysis
of the effect in the Federal Register.
Subsec. (d). Pub. L. 95-396, 23(3), (4), required the Administrator
to solicit operating guidelines from the scientific advisory panel to
improve scientific analyses made by personnel of the Environmental
Protection Agency that lead to decisions by the Administrator in
carrying out this subchapter; extended requirement of publication in
the Federal Register to evaluations and recommendations of the advisory
panel; authorized creation of temporary subpanels on specific projects
to assist in accelerating the work of the advisory panel; set forth
Sept. 30, 1981, as the termination date of the advisory panel; and
required the panel to consult and coordinate its activities with the
Science Advisory Board established under section 4365 of title 42.
1975 -- Subsec. (a)(1). Pub. L. 94-140, 2(a)(1), (2), redesignated
existing provision as subsec. (a)(1) and inserted '', in accordance
with the procedure described in paragraph (2),'' after ''is
authorized''.
Subsec. (a)(2). Pub. L. 94-140, 2(a)(3), added par. (2).
Subsec. (a)(3). Pub. L. 94-140, 6, added par. (3).
Subsec. (d). Pub. L. 94-140, 7, added subsec. (d).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
Section 2(b) of Pub. L. 96-539 provided that: ''The provisions of
this section (amending this section) shall become effective upon
publication in the Federal Register of final procedures for peer review
as provided in this section, but in no event shall such provisions
become effective later than one year after the date of enactment of this
Act (Dec. 17, 1980).''
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Pub. L. 101-508, title I, 1204(e), Nov. 5, 1990, 104 Stat.
1388-11, provided that: ''Notwithstanding any provision of the Omnibus
Budget Reconciliation Act of 1990 (Pub. L. 101-508, see Tables for
classification), nothing in this title or the other provisions of this
Act shall be construed to require or authorize the Administrator of the
Environmental Protection Agency to assess or collect any fees or charges
for services and activities authorized under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).''
4365.
07 USC 136w-1. State primary enforcement responsibility
TITLE 7 -- AGRICULTURE
(a) In general
For the purposes of this subchapter, a State shall have primary
enforcement responsibility for pesticide use violations during any
period for which the Administrator determines that such State --
(1) has adopted adequate pesticide use laws and regulations, except
that the Administrator may not require a State to have pesticide use
laws that are more stringent than this subchapter;
(2) has adopted and is implementing adequate procedures for the
enforcement of such State laws and regulations; and
(3) will keep such records and make such reports showing compliance
with paragraphs (1) and (2) of this subsection as the Administrator may
require by regulation.
(b) Special rules
Notwithstanding the provisions of subsection (a) of this section, any
State that enters into a cooperative agreement with the Administrator
under section 136u of this title for the enforcement of pesticide use
restrictions shall have the primary enforcement responsibility for
pesticide use violations. Any State that has a plan approved by the
Administrator in accordance with the requirements of section 136i of
this title that the Administrator determines meets the criteria set out
in subsection (a) of this section shall have the primary enforcement
responsibility for pesticide use violations. The Administrator shall
make such determinations with respect to State plans under section 136i
of this title in effect on September 30, 1978, not later than six months
after that date.
(c) Administrator
The Administrator shall have primary enforcement responsibility for
those States that do not have primary enforcement responsibility under
this subchapter. Notwithstanding the provisions of section 136(e)(1) of
this title, during any period when the Administrator has such
enforcement responsibility, section 136f(b) of this title shall apply to
the books and records of commercial applicators and to any applicator
who holds or applies pesticides, or uses dilutions of pesticides, only
to provide a service of controlling pests without delivering any
unapplied pesticide to any person so served, and section 136g(a) of this
title shall apply to the establishment or other place where pesticides
or devices are held for application by such persons with respect to
pesticides or devices held for such application.
(June 25, 1947, ch. 125, 26, as added Sept. 30, 1978, Pub. L.
95-396, 24(2), 92 Stat. 836; amended Oct. 25, 1988, Pub. L. 100-532,
title VIII, 801(o), (q)(1)(D), 102 Stat. 2683; Dec. 13, 1991, Pub. L.
102-237, title X, 1006(a)(11), 105 Stat. 1895.)
1991 -- Subsec. (c). Pub. L. 102-237 substituted ''uses'' for
''use''.
1988 -- Subsec. (a). Pub. L. 100-532, 801(o)(1), (2), inserted
heading and substituted ''regulations. The Administrator'' for
''regulations; Provided, That the Administrator'' in par. (1).
Subsec. (b). Pub. L. 100-532, 801(o)(3), (q)(1)(D), inserted heading
and substituted ''136i'' for ''136b'' in two places.
Subsec. (c). Pub. L. 100-532, 801(o)(4), inserted heading.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
07 USC 136w-2. Failure by the State to assure enforcement of State
pesticide use regulations
TITLE 7 -- AGRICULTURE
(a) Referral
Upon receipt of any complaint or other information alleging or
indicating a significant violation of the pesticide use provisions of
this subchapter, the Administrator shall refer the matter to the
appropriate State officials for their investigation of the matter
consistent with the requirements of this subchapter. If, within thirty
days, the State has not commenced appropriate enforcement action, the
Administrator may act upon the complaint or information to the extent
authorized under this subchapter.
(b) Notice
Whenever the Administrator determines that a State having primary
enforcement responsibility for pesticide use violations is not carrying
out (or cannot carry out due to the lack of adequate legal authority)
such responsibility, the Administrator shall notify the State. Such
notice shall specify those aspects of the administration of the State
program that are determined to be inadequate. The State shall have
ninety days after receipt of the notice to correct any deficiencies. If
after that time the Administrator determines that the State program
remains inadequate, the Administrator may rescind, in whole or in part,
the State's primary enforcement responsibility for pesticide use
violations.
(c) Construction
Neither section 136w-1 of this title nor this section shall limit the
authority of the Administrator to enforce this subchapter, where the
Administrator determines that emergency conditions exist that require
immediate action on the part of the Administrator and the State
authority is unwilling or unable adequately to respond to the emergency.
(June 25, 1947, ch. 125, 27, as added Sept. 30, 1978, Pub. L.
95-396, 24(2), 92 Stat. 837; amended Oct. 25, 1988, Pub. L. 100-532,
title VIII, 801(p), 102 Stat. 2683.)
1988 -- Pub. L. 100-532 inserted headings for subsecs. (a) to (c).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
07 USC 136w-3. Identification of pests; cooperation with Department
of Agriculture's program
TITLE 7 -- AGRICULTURE
(a) In general
The Administrator, in coordination with the Secretary of Agriculture,
shall identify those pests that must be brought under control. The
Administrator shall also coordinate and cooperate with the Secretary of
Agriculture's research and implementation programs to develop and
improve the safe use and effectiveness of chemical, biological, and
alternative methods to combat and control pests that reduce the quality
and economical production and distribution of agricultural products to
domestic and foreign consumers.
(b) Pest control availability
(1) In general
The Administrator, in cooperation with the Secretary of Agriculture,
shall identify --
(A) available methods of pest control by crop or animal;
(B) minor pest control problems, both in minor crops and minor or
localized problems in major crops; and
(C) factors limiting the availability of specific pest control
methods, such as resistance to control methods and regulatory actions
limiting the availability of control methods.
(2) Report
The Secretary of Agriculture shall, not later than 180 days after
November 28, 1990, and annually thereafter, prepare a report and send
the report to the Administrator. The report shall --
(A) contain the information described in paragraph (1) and the
information required by section 5882 of this title;
(B) identify the crucial pest control needs where a shortage of
control methods is indicated by the information described in paragraph
(1); and
(C) describe in detail research and extension efforts designed to
address the needs identified in subparagraph (B).
(c) Integrated pest management
The Administrator, in cooperation with the Secretary of Agriculture,
shall develop approaches to the control of pests based on integrated
pest management that respond to the needs of producers, with a special
emphasis on minor pests.
(June 25, 1947, ch. 125, 28, as added Sept. 30, 1978, Pub. L.
95-396, 24(2), 92 Stat. 838; amended Nov. 28, 1990, Pub. L. 101-624,
title XIV, 1495, 104 Stat. 3629.)
1990 -- Pub. L. 101-624 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
07 USC 136w-4. Annual report
TITLE 7 -- AGRICULTURE
The Administrator shall submit an annual report to Congress before
February 16 of each year and the first report shall be due February 15,
1979. The report shall include the total number of applications for
conditional registration under sections 136a(c)(7)(B) and 136a(c)(7)(C)
of this title that were filed during the immediately preceding fiscal
year, and, with respect to those applications approved, the
Administrator shall report the Administrator's findings in each case,
the conditions imposed and any modification of such conditions in each
case, and the quantities produced of such pesticides.
(June 25, 1947, ch. 125, 29, as added Sept. 30, 1978, Pub. L.
95-396, 24(2), 92 Stat. 838.)
Committees
Section 27 of Pub. L. 96-396 required the Administrator of the
Environmental Protection Agency to report to the Senate Committee on
Agriculture, Nutrition, and Forestry and to the House Committee on
Agriculture not later than 9 months after Sept. 30, 1978 in respect to
fee collection from pesticide registrants, not later than 6 months after
Sept. 30, 1978 in respect to pesticide uses, and not later than 9
months after Sept. 30, 1978 in respect to problems of minor uses of
pesticides not specifically permitted by labeling.
07 USC 136x. Severability
TITLE 7 -- AGRICULTURE
If any provision of this subchapter or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this subchapter which can be given
effect without regard to the invalid provision or application, and to
this end the provisions of this subchapter are severable.
(June 25, 1947, ch. 125, 30, formerly 26, as added Oct. 21, 1972,
Pub. L. 92-516, 2, 86 Stat. 998; renumbered Sept. 30, 1978, Pub. L.
95-396, 24(1), 92 Stat. 836.)
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136y. Authorization for appropriations
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated to carry out this subchapter
(other than section 136u(a) of this title) --
(1) $83,000,000 for fiscal year 1989, of which not more than
$13,735,500 shall be available for research under this subchapter;
(2) $95,000,000 for fiscal year 1990, of which not more than
$14,343,600 shall be available for research under this subchapter; and
(3) $95,000,000 for fiscal year 1991, of which not more than
$14,978,200 shall be available for research under this subchapter.
(June 25, 1947, ch. 125, 31, formerly 27, as added Oct. 21, 1972,
Pub. L. 92-516, 2, 86 Stat. 998; amended July 2, 1975, Pub. L. 94-51,
89 Stat. 257; Oct. 10, 1975, Pub. L. 94-109, 89 Stat. 571; Nov. 28,
1975, Pub. L. 94-140, 3, 89 Stat. 752; renumbered and amended Sept.
30, 1978, Pub. L. 95-396, 24(1), 25, 92 Stat. 836, 838; Dec. 17,
1980, Pub. L. 96-539, 3, 94 Stat. 3195; Dec. 2, 1983, Pub. L. 98-201,
2, 97 Stat. 1380; Dec. 23, 1985, Pub. L. 99-198, title XVII, 1768, 99
Stat. 1656; Oct. 25, 1988, Pub. L. 100-532, title VII, 701, 102 Stat.
2679.)
Another section 1768 of Pub. L. 99-198 enacted sections 154a and 159
and amended sections 151, 154, and 157 of Title 21, Food and Drugs.
1988 -- Pub. L. 100-532 amended section generally. Prior to
amendment, section read as follows: ''There is authorized to be
appropriated to carry out this subchapter for the period beginning
October 1, 1985, and ending September 30, 1986, $68,604,200 of which not
more than $11,993,100 shall be available for research under this
subchapter.''
1985 -- Pub. L. 99-198 substituted provisions authorizing
appropriations of $68,604,200 for fiscal year 1986 of which not more
than $11,993,100 shall be available for research for former provisions
which had authorized appropriations for fiscal years 1973 through 1984.
1983 -- Pub. L. 98-201 authorized necessary appropriations for
period beginning Oct. 1, 1983, and ending Sept. 30, 1984, not in
excess of $64,200,000.
1980 -- Pub. L. 96-539 inserted provisions authorizing
appropriations for period beginning Oct. 1, 1979, and ending Sept. 30,
1980, and for period beginning Oct. 1, 1980, and ending Sept. 30,
1981.
1978 -- Pub. L. 95-396, 25, substituted appropriations
authorization of $46,636,000 for period beginning Oct. 1, 1976, and
ending Sept. 30, 1977, for prior authorization of $23,600,000 for
period beginning Oct. 1, 1976, and ending Mar. 31, 1977, and
authorized appropriations of $54,500,000 for period beginning Oct. 1,
1977, and ending Sept. 30, 1978, and such sums as may be necessary,
limited to $70,000,000, for period beginning Oct. 1, 1978, and ending
Sept. 30, 1979.
1975 -- Pub. L. 94-140 authorized appropriation of $47,868,000 to
carry out provisions of this subchapter for period beginning Oct. 1,
1975, and ending Sept. 30, 1976, and $23,600,000 for period beginning
Oct. 1, 1976, and ending Mar. 31, 1977.
Pub. L. 94-109 inserted provisions authorizing appropriation of
$5,983,500 for period beginning Oct. 1, 1975 and ending Nov. 15, 1975.
Pub. L. 94-51 authorized appropriation of $11,967,000 to carry out
provisions of this subchapter for period beginning July 1, 1975, and
ending Sept. 30, 1975.
Section 701 of Pub. L. 100-532 provided that amendment made by Pub.
L. 100-532 is effective Oct. 1, 1988.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC CHAPTER 6A -- NATIONAL LABORATORY ACCREDITATION
TITLE 7 -- AGRICULTURE
Sec.
138. Definitions.
138a. National Laboratory Accreditation Program.
(a) Establishment of Program.
(b) Standards.
(c) Accrediting bodies.
(d) Requirements.
(e) Exceptions.
138b. Accreditation.
(a) In general.
(b) Requirements for accreditation.
(c) Failure to meet accreditation standards.
(d) Limited accreditation.
138c. Samples.
(a) Performance evaluation samples.
(b) Results of testing.
(c) Review of accreditation.
138d. Application.
(a) Contents of application.
(b) Restrictions on submission of application.
138e. Reporting.
(a) In general.
(b) Timing of report.
(c) Guidelines.
138f. Fees.
(a) In general.
(b) Amount of fee.
(c) Reimbursement of expenses.
(d) Adjustment of fees.
(e) Appropriations prerequisite.
(f) Authorization of appropriations.
138g. Public disclosure.
138h. Regulations.
138i. Effect of other laws.
07 USC 138. Definitions
TITLE 7 -- AGRICULTURE
As used in this chapter:
(1) Agricultural product
The term ''agricultural product'' means any fresh fruit or vegetable
or any commodity or product derived from livestock or fowl, that is
marketed in the United States for human consumption.
(2) Certificate
The term ''certificate'' means a certificate of accreditation issued
under this chapter.
(3) Laboratory
The term ''laboratory'' means any facility or vehicle that is owned
by an individual or a public or private entity and is equipped and
operated for the purpose of carrying out pesticide residue analysis on
agricultural products for commercial purposes.
(4) Pesticide
The term ''pesticide'' means any substance that alone, in chemical
combination, or in any formulation with one or more substances, is
defined as a pesticide in section 136(u) of this title.
(5) Secretary
The term ''Secretary'' means the Secretary of Agriculture.
(Pub. L. 101-624, title XIII, 1321, Nov. 28, 1990, 104 Stat. 3562.)
07 USC 138a. National Laboratory Accreditation Program
TITLE 7 -- AGRICULTURE
(a) Establishment of Program
The Secretary shall administer a National Laboratory Accreditation
Program under which laboratories that request accreditation and conduct
residue testing of agricultural products, or that make claims to the
public or buyers of agricultural products concerning chemical residue
levels on agricultural products, shall be determined to meet certain
minimum quality and reliability standards.
(b) Standards
The Secretary of Health and Human Services, after consultation with
the Secretary and the Administrator of the Environmental Protection
Agency, shall establish, through regulations, standards for the National
Laboratory Accreditation program /1/ that shall include --
(1) standards applicable to laboratories;
(2) qualifications for directors and other personnel; and
(3) standards and procedures for quality assurance programs.
(c) Accrediting bodies
The Secretary of Health and Human Services shall approve State
agencies or private, nonprofit entities as accrediting bodies to act on
behalf of such Secretary in implementing the certification and quality
assurance programs in accordance with the requirements of this section.
In making such approvals the Secretary of Health and Human Services
shall --
(1) oversee and review the performance of any accrediting body acting
on behalf of the Secretary to ensure that such accrediting body is in
compliance with the requirements of the certification program under this
section; and
(2) have the right to obtain from an accrediting body acting on
behalf of the Secretary and from any laboratory that may be certified by
such a body all records and materials that may be necessary for the
oversight and review required by paragraph (1).
(d) Requirements
To be accredited under this chapter, a laboratory shall --
(1) prepare and submit an application for accreditation to the
Secretary; and
(2) comply with such terms and conditions as are determined necessary
by the Secretary and the Secretary of Health and Human Services.
(e) Exceptions
This chapter shall not apply to --
(1) a laboratory operated by a government agency;
(2) a laboratory operated by a corporation that only performs
analysis of residues on agricultural products for such corporation or
any wholly owned subsidiary of such corporation and does not make claims
to the public or buyers based on such analysis;
(3) a laboratory operated by a partnership that only performs
analysis of residues on agricultural products for the partners of such
partnership and does not make claims to the public or buyers based on
such analysis; or
(4) a laboratory not operated for commercial purposes that performs
pesticide chemical residue analysis on agricultural products for
research or quality control for the internal use of a person who is
initiating the analysis.
(Pub. L. 101-624, title XIII, 1322, Nov. 28, 1990, 104 Stat. 3562.)
/1/ So in original. Probably should be capitalized.
07 USC 138b. Accreditation
TITLE 7 -- AGRICULTURE
(a) In general
The Secretary shall issue certificates of accreditation to
laboratories that meet the requirements of this chapter, as determined
by the Secretary.
(b) Requirements for accreditation
To receive accreditation under this chapter, a laboratory shall
prepare and submit an application for accreditation to the Secretary and
shall complete such required tests, and meet such standards as
established under section 138a of this title.
(c) Failure to meet accreditation standards
The Secretary shall deny an application for accreditation or shall
revoke any existing accreditation with respect to any laboratory that
fails to meet the requirements for accreditation under this chapter.
(d) Limited accreditation
The Secretary may issue certificates of accreditation to laboratories
that are limited to specific fields of testing.
(Pub. L. 101-624, title XIII, 1323, Nov. 28, 1990, 104 Stat. 3563.)
07 USC 138c. Samples
TITLE 7 -- AGRICULTURE
(a) Performance evaluation samples
(1) Provided by Secretary
The Secretary shall ensure that performance evaluation samples are
provided to any laboratory that has applied for accreditation under this
chapter.
(2) Analysis by laboratory
A laboratory described in paragraph (1) shall analyze such
performance evaluation samples and submit the results of such analysis
to the Secretary, as provided for in section 138a of this title.
(3) Testing methods
Samples shall be tested by the laboratory according to methods
specifically approved for such purpose by alternate methods of
demonstrated adequacy or equivalence, as determined in regulations
established under this chapter.
(b) Results of testing
(1) Submission of results
The laboratory shall submit the results of the tests conducted under
subsection (a) of this section to the Secretary on forms provided by the
Secretary, on or before the date determined by the Secretary.
(2) Evaluation of tests
The Secretary shall evaluate the results of such tests achieved by
the laboratory and shall determine whether such laboratory is capable of
undertaking an accurate analysis of chemical residues in agricultural
products.
(c) Review of accreditation
The Secretary shall ensure that performance evaluation samples for
analysis are provided to laboratories accredited under this chapter not
less than two times a year.
(Pub. L. 101-624, title XIII, 1324, Nov. 28, 1990, 104 Stat. 3564.)
07 USC 138d. Application
TITLE 7 -- AGRICULTURE
(a) Contents of application
An application for accreditation under this chapter shall be prepared
and submitted to the Secretary and shall include --
(1) the name and address of the laboratory;
(2) the name and address of the owners and managers of such
laboratory;
(3) a statement concerning the type of analysis the laboratory
intends to conduct;
(4) a brief history of the laboratory and its previous operations;
and
(5) such other information as may be required by the Secretary.
(b) Restrictions on submission of application
A laboratory that has been denied, or has lost, accreditation under
this chapter shall not reapply for accreditation until the expiration of
at least 6 months after such denial or loss of accreditation.
Corrective actions taken by the laboratory to address deficiencies upon
which the denial or loss of accreditation was based must accompany the
reapplication.
(Pub. L. 101-624, title XIII, 1325, Nov. 28, 1990, 104 Stat. 3564.)
07 USC 138e. Reporting
TITLE 7 -- AGRICULTURE
(a) In general
Each laboratory or individual that performs, brokers, or otherwise
arranges for the performance of a pesticide chemical analysis of food
shall prepare and submit a report, simultaneously to the Secretary, the
Secretary of Health and Human Services, and to the owner of such food,
that shall contain any finding of pesticide chemical residues in such
food --
(1) for which no chemical residue tolerance or exemption has been
established;
(2) that is in excess of residue tolerances; or
(3) for which the chemical residue tolerance has been revoked or the
chemical residue is otherwise not permitted by the Environmental
Protection Agency.
(b) Timing of report
A laboratory shall submit the report required under subsection (a) of
this section to the Secretary, the Secretary of Health and Human
Services, and the owner of such food as soon as practicable after the
completion of the analysis of such food.
(c) Guidelines
The Secretary shall adopt standardized reporting guidelines to be
applied to laboratories under this section and shall provide such
guidelines to laboratories accredited under this chapter, as well as
other sources of information regarding applicable pesticide chemical
tolerances.
(Pub. L. 101-624, title XIII, 1326, Nov. 28, 1990, 104 Stat. 3565.)
07 USC 138f. Fees
TITLE 7 -- AGRICULTURE
(a) In general
At the time that an application for accreditation is received by the
Secretary and annually thereafter, a laboratory seeking accreditation by
the Secretary under the authority of this chapter, the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), or the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.) shall pay to the Secretary a
nonrefundable accreditation fee. All fees collected by the Secretary
shall be credited to the account from which the expenses of the
laboratory accreditation program are paid and, subject to subsection (e)
of this section, shall be available immediately and remain available
until expended to pay the expenses of the laboratory accreditation
program.
(b) Amount of fee
The fee required under this section shall be established by the
Secretary in an amount that will offset the cost of the laboratory
accreditation programs administered by the Secretary under the statutory
authorities set forth in subsection (a) of this section.
(c) Reimbursement of expenses
Each laboratory that is accredited under a statutory authority set
forth in subsection (a) of this section or that has applied for
accreditation under such authority shall reimburse the Secretary for
reasonable travel and other expenses necessary to perform onsite
inspections of the laboratory.
(d) Adjustment of fees
The Secretary may, on an annual basis, adjust the fees imposed under
this section as necessary to support the full costs of the laboratory
accreditation programs carried out under the statutory authorities set
forth in subsection (a) of this section.
(e) Appropriations prerequisite
No fees collected under this section may be used to offset the cost
of laboratory accreditation without appropriations made under subsection
(f) of this section.
(f) Authorization of appropriations
There are authorized to be appropriated each fiscal year such sums as
may be necessary for laboratory accreditation services under this
section.
(Pub. L. 101-624, title XIII, 1327, Nov. 28, 1990, 104 Stat. 3565;
Pub. L. 102-237, title X, 1017, Dec. 13, 1991, 105 Stat. 1904.)
The Federal Meat Inspection Act, referred to in subsec. (a), is
titles I to IV of act Mar. 4, 1907, ch. 2907, as added Dec. 15, 1967,
Pub. L. 90-201, 81 Stat. 584, and amended, which are classified
generally to subchapters I to IV ( 601 et seq.) of chapter 12 of Title
21, Food and Drugs. For complete classification of this Act to the
Code, see Short Title note set out under section 601 of Title 21 and
Tables.
The Poultry Products Inspection Act, referred to in subsec. (a), is
Pub. L. 85-172, Aug. 28, 1957, 71 Stat. 441, as amended, which is
classified generally to chapter 10 ( 451 et seq.) of Title 21. For
complete classification of this Act to the Code, see Short Title note
set out under section 451 of Title 21 and Tables.
1991 -- Pub. L. 102-237 amended section generally, in subsec. (a),
inserting provisions relating to Federal Meat Inspection Act and Poultry
Products Inspection Act and provisions relating to crediting and
availability of fees, in subsec. (b), substituting provisions relating
to fee under this section for provisions relating to fee under subsec.
(a) of this section, and provisions relating to laboratory accreditation
programs administered by Secretary under statutory authorities set forth
in subsec. (a) of this section for provisions relating to program
established under this chapter, in subsec. (c), substituting provisions
relating to statutory authority set forth in subsec. (a) of this
section for provisions relating to this chapter, in subsec. (d),
substituting provisions relating to laboratory accreditation programs
under statutory authority set forth in subsec. (a) of this section for
provisions relating to program established under this chapter, and
adding subsecs. (e) and (f).
07 USC 138g. Public disclosure
TITLE 7 -- AGRICULTURE
The results of the evaluations of laboratories conducted by the
Secretary under this chapter shall be made available to the Secretary of
Health and Human Services and to the public on request.
(Pub. L. 101-624, title XIII, 1328, Nov. 28, 1990, 104 Stat. 3565.)
07 USC 138h. Regulations
TITLE 7 -- AGRICULTURE
The Secretary shall promulgate regulations to carry out this chapter.
(Pub. L. 101-624, title XIII, 1329, Nov. 28, 1990, 104 Stat. 3565.)
07 USC 138i. Effect of other laws
TITLE 7 -- AGRICULTURE
Nothing in this chapter shall alter the authority of the Secretary of
Health and Human Services under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.).
(Pub. L. 101-624, title XIII, 1330, Nov. 28, 1990, 104 Stat. 3565.)
The Federal Food, Drug, and Cosmetic Act, referred to in text, is act
June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified
generally to chapter 9 ( 301 et seq.) of Title 21, Food and Drugs. For
complete classification of this Act to the Code, see section 301 of
Title 21 and Tables.
07 USC CHAPTER 7 -- INSECT PESTS GENERALLY
TITLE 7 -- AGRICULTURE
Sec.
141 to 147. Repealed or Omitted.
147a. Control and eradication of plant pests.
(a) Authority of Secretary of Agriculture.
(b) Intergovernmental cooperation.
(c) Cooperating foreign agency.
(d) Definitions.
(e) Rules and regulations.
(f) Authorization of appropriations; fees, late payment penalties,
and accrued interest.
147b. Emergency transfer of funds by Secretary of Agriculture.
148. Control of insect pests and plant diseases.
148a. Availability of appropriated money for general administration;
personnel; field work, etc.
148b. Repealed.
148c. Control of insect pests and plant diseases; cooperation of
States.
148d. Restrictions on appropriations.
148e. Authorization of appropriations.
148f. Control of grasshoppers and Mormon Crickets on Federal lands.
(a) Authority of Secretary of Agriculture.
(b) Funds for lands subject to jurisdiction of Federal Government or
Federal lands subject to jurisdiction of Secretary of the Interior;
prompt requests for transferred funds and for replenishing
appropriations.
(c) Exhaustion of contingency grasshopper emergency funds before
availability of transferred funds for control of outbreaks on Federal
lands subject to jurisdiction of Secretary of the Interior.
(d) Time for treatment of lands dependent on determination of
economic damage.
(e) Amount of payments for costs of control on Federal, State, and
private lands; interrelated participation efforts.
(f) Funding of personnel training program.
149. Regulation, cleaning, etc., of vehicles and materials entering
from Mexico.
(a) Administration by Secretary; fees.
(b) Penalties.
Act May 23, 1938, ch. 260, 52 Stat. 436, which created the Board
for investigative purposes expired by its own terms on Mar. 15, 1939.
Act July 22, 1942, ch. 516, 56 Stat. 675, which provided in part
for the eradication of ticks on the Seminole Reservation, was a
provision of the Department of Agriculture Appropriation Act, 1943, and
expired on June 30, 1943.
07 USC 141 to 144. Repealed. Pub. L. 85-36, title I, 111, May 23,
1957, 71 Stat. 35
TITLE 7 -- AGRICULTURE
Sections were from act Mar. 3, 1905, ch. 1501, 1-4, 33 Stat.
1269. See chapter 7B of this title.
Section 141 prohibited transportation or removal of insect pests.
Section 142 related to punishment for mailing parcels, etc.,
containing insect pests.
Section 143 related to regulations for mailing, transportation, etc.,
of insect pests for scientific purposes.
Section 144, amended Sept. 3, 1954, ch. 1263, 16, 68 Stat. 1232,
related to punishment for unlawful transportation or removal of insect
pests.
Sections amended or repealed by Pub. L. 85-36 to continue in force
as to rights, liabilities and violations that occurred before May 23,
1957, and findings, regulations, other orders, permits and certificates
issued before May 23, 1957, as remaining in effect until modified, see
section 111 of Pub. L. 85-36 set out as a note under section 147a of
this title.
07 USC 145. Repealed. Pub. L. 94-231, 2, Mar. 15, 1976, 90 Stat.
216
TITLE 7 -- AGRICULTURE
Section, act Oct. 6, 1917, ch. 79, 1, 40 Stat. 374, provided for
cooperation with Mexico and adjacent States in extermination of pink
bollworm infestations in Mexico and related operations.
07 USC 146, 147. Omitted
TITLE 7 -- AGRICULTURE
Section 146, act Feb. 9, 1927, ch. 90, 44 Stat. 1065, authorized
an appropriation of $10,000,000 to eradicate or control European corn
borer.
Section 147, act May 24, 1928, ch. 734, 45 Stat. 734, authorized an
additional appropriation of $7,000,000 to eradicate or control European
corn borer.
07 USC 147a. Control and eradication of plant pests
TITLE 7 -- AGRICULTURE
(a) Authority of Secretary of Agriculture
The Secretary of Agriculture, either independently or in cooperation
with States or political subdivisions thereof, farmers' associations and
similar organizations, and individuals, is authorized to carry out
operations or measures to detect, eradicate, suppress, control, or to
prevent or retard the spread of plant pests.
(b) Intergovernmental cooperation
The Secretary of Agriculture is further authorized to cooperate with
the governments of foreign countries, or the local authorities thereof,
and with foreign or international organizations or associations, in
carrying out necessary surveys and control operations in those countries
in connection with the detection, eradication, suppression, control, and
prevention or retardation of the spread of plant pests.
(c) Cooperating foreign agency
In performing the operations or measures herein authorized, the
cooperating foreign country, State, or local agency shall be responsible
for the authority necessary to carry out the operations or measures on
all lands and properties within the foreign country or State other than
those owned or controlled by the Federal Government and for such other
facilities and means as in the discretion of the Secretary of
Agriculture are necessary.
(d) Definitions
As used in this section --
(1) ''plant pest'' means any living stage of any insects, mites,
nematodes, slugs, snails, protozoa, or other invertebrate animals,
bacteria, fungi, other parasitic plants or reproductive parts thereof,
viruses, or any organisms similar to or allied with any of the
foregoing, or any infectious substances, which can directly or
indirectly injure or cause disease or damage in any plants or parts
thereof, or any processed, manufactured, or other products of plants;
(2) ''living stage'' includes the egg, pupal, and larval stages as
well as any other living stage; and
(3) ''State'' includes the District of Columbia and the territories
and possessions of the United States.
(e) Rules and regulations
The Secretary of Agriculture is authorized to promulgate such rules
and regulations and use such means as he may deem necessary to provide
for the inspection of plants and plant products offered for export or
transiting the United States and to certify to shippers and interested
parties as to the freedom of such products from plant pests according to
the phytosanitary requirements of the foreign countries to which such
products may be exported, or to the freedom from exposure to plant pests
while in transit through the United States.
(f) Authorization of appropriations; fees, late payment penalties,
and accrued interest
(1) Notwithstanding paragraph (2), there are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section. Unless otherwise specifically authorized or provided
for in appropriations Acts, no part of such sums shall be used to pay
the cost or value of property injured or destroyed.
(2) The Secretary of Agriculture is authorized to prescribe and
collect fees to recover the costs of providing for the inspection of
plants and plant products offered for export or transiting the United
States and certifying to shippers and interested parties as to the
freedom of such plants and plant products from plant pests according to
the phytosanitary requirements of the foreign countries to which such
plants and plant products may be exported, or to the freedom from
exposure to plant pests while in transit through the United States. Any
person for whom such an activity is performed shall be liable for
payment of fees assessed. Upon failure to pay such fees when due, the
Secretary of Agriculture shall assess a late payment penalty, and such
overdue fees shall accrue interest, as required by section 3717 of title
31. All fees, late payment penalties, and accrued interest collected
shall be credited to such accounts that incur the costs and shall remain
available until expended without fiscal year limitation. The Secretary
of Agriculture shall have a lien for the fees, any late payment penalty,
and any accrued interest assessed against the plant or plant product for
which services have been provided. In the case of any person who fails
to make payment when due, the Secretary of Agriculture shall also have a
lien against any plant or plant product thereafter attempted to be
exported by such person. The Secretary of Agriculture may, in case of
nonpayment of the fees, late payment penalty, or accrued interest, after
giving reasonable notice of default to the person liable for payment of
such assessments, sell at public sale after reasonable public notice, or
otherwise dispose of, any such plant or plant product upon which the
Secretary of Agriculture has a lien pursuant to this section. If the
sale proceeds exceed the fees due, any late payment penalty assessed,
any accrued interest and the expenses of the sale, the excess shall be
paid, in accordance with regulations of the Secretary of Agriculture, to
the owner of the plant or plant product sold upon the owner making
application therefore with proof of ownership, within six months after
such sale, and otherwise the excess shall be credited to accounts that
incur the costs and shall remain available until expended. The
Secretary of Agriculture shall, pursuant to regulations as prescribed by
the Secretary of Agriculture, suspend performance of services to persons
who have failed to pay such fees, late payment penalty and accrued
interest.
(Sept. 21, 1944, ch. 412, title I, 102, 58 Stat. 735; June 17,
1949, ch. 220, 63 Stat. 200; May 23, 1957, Pub. L. 85-36, title II,
201, 71 Stat. 35; Mar. 15, 1976, Pub. L. 94-231, 1, 90 Stat. 215;
Nov. 28, 1990, Pub. L. 101-624, title XXV, 2504, 2509(b), 104 Stat.
4068, 4070.)
1990 -- Subsec. (b). Pub. L. 101-624, 2504, substituted ''foreign
countries'' for ''all countries of the Western Hemisphere'' and inserted
''foreign or'' before ''international''.
Subsec. (f). Pub. L. 101-624, 2509(b), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ''There
are hereby authorized to be appropriated such sums as the Congress may
annually determine to be necessary to enable the Secretary of
Agriculture to carry out the provisions of this section. Unless
otherwise specifically authorized, or provided for in appropriations, no
part of such sums shall be used to pay the cost or value of property
injured or destroyed.''
1976 -- Subsecs. (a) to (d). Pub. L. 94-231 redesignated existing
provisions of subsec. (a) as subsecs. (a) to (d) and broadened
Secretary's authority to control and eradicate plant pests and animal
diseases, extended Secretary's authority to cooperate with foreign
governments, and inserted definitions for ''plant pest'' and ''living
stage''. Former subsecs. (b) and (c) redesignated (e) and (f),
respectively.
Subsec. (e). Pub. L. 94-231 redesignated subsec. (b) as (e) and made
discretionary the Secretary's authority to provide phytosanitary
inspection and certification service for domestic plants and plant
products offered for export or transit in the United States.
Subsec. (f). Pub. L. 94-231 redesignated subsec. (c) as (f) and
substituted provisions authorizing appropriations on a Congressional
finding of necessity made ''annually'' for provisions authorizing
appropriations on a Congressional finding of necessity made ''from time
to time''.
1957 -- Subsec. (a). Pub. L. 85-36 inserted ''insect pests, plant
diseases, and nematodes, such as imported fire ant, soybean cyst
nematode, witchweed, spotted alfalfa aphid,'' after ''or to prevent or
retard the spread of''.
1949 -- Subsec. (a). Act June 17, 1949, authorized the Secretary to
carry out operations to combat the citrus blackfly, white-fringed
beetle, and the Hall scale.
Pub. L. 85-36, title I, 111, May 23, 1957, 71 Stat. 35, provided in
part that: ''All Acts amended or repealed hereby (sections 141 to 144,
147a, 149, and 441 of this title) shall be deemed to continue in full
force and effect for the purpose of sustaining any action or other
proceeding with respect to any right that accrued, liability that was
incurred, or violation that occurred prior to the effective date of this
Act (May 23, 1957). Nothing contained in this Act (enacting chapter 7B
of this title, amending sections 147a and 149 of this title, and
repealing sections 141 to 144, and 441 of this title) shall affect the
validity of any findings, regulations, or other orders, permits, or
certificates, which were issued under any of the Acts cited in this
section (sections 141 to 144, and 441 of this title) prior to the
effective date of this Act (May 23, 1957) and which are in effect on
said date, but such findings, regulations, other orders, permits, and
certificates shall remain in effect unless and until modified in
accordance with this Act (enacting chapter 7B of this title, amending
sections 147a and 149 of this title, and repealing sections 141 to 144,
and 441 of this title).''
For disposition of remainder of section 111, see note set out under
section 150ii of this title.
Cooperation with State agencies in administration and enforcement of
laws relating to marketing of agricultural products and control or
eradication of plant and animal diseases and pests; assistance of State
agencies to Secretary of Agriculture; coordination of administration of
Federal and State laws; Federal administrative jurisdiction and other
provisions respecting cooperation unaffected, see section 450 of this
title.
07 USC 147b. Emergency transfer of funds by Secretary of Agriculture
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may, in connection with emergencies
which threaten any segment of the agricultural production industry of
this country, transfer from other appropriations or funds available to
the agencies or corporations of the Department of Agriculture such sums
as the Secretary may deem necessary, to be available only in such
emergencies for the arrest and eradication of plant pests or contagious
or infectious diseases of animals or poultry, and for expenses in
accordance with section 147a of this title and section 114b of title 21.
(Pub. L. 97-46, 1, Sept. 25, 1981, 95 Stat. 953.)
Section 2 of Pub. L. 97-46 provided that: ''The provisions of this
Act (this section) shall become effective upon enactment (Sept. 25,
1981).''
07 USC 148. Control of insect pests and plant diseases
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture, in cooperation with authorities of the
States concerned, organizations, or individuals, is authorized and
directed to apply such methods for the control of incipient or emergency
outbreaks of insect pests or plant diseases, including grasshoppers,
Mormon crickets, and chinch bugs as may be necessary. The Secretary of
Agriculture is further authorized to cooperate with the Governments of
Canada or Mexico or local Canadian or Mexican authorities in carrying
out in such countries necessary operations or measures to control
incipient or emergency outbreaks of insect pests or plant diseases, when
such operations or measures are necessary to protect the agriculture of
the United States. In performing the operations or measures authorized
under sections 148 to 148e of this title, the cooperating foreign
country, State, or local agency shall be responsible for the authority
necessary to carry out the operations or measures on all lands and
properties within the foreign country or State other than those owned or
controlled by the Federal Government and for such other facilities and
means as in the discretion of the Secretary of Agriculture are
necessary.
(Apr. 6, 1937, ch. 69, 50 Stat. 57; May 9, 1938, ch. 192, 52 Stat.
344; Aug. 13, 1954, ch. 731, 68 Stat. 717.)
1954 -- Act Aug. 13, 1954, extended provisions to include
cooperation with the Governments of Canada or Mexico or local Canadian
or Mexican authorities.
1938 -- Act May 9, 1938, incorporated part of introductory clause of
original section in first sentence and struck out remainder of such
section consisting of the other parts of introductory clause relating to
personnel and appropriations (see sections 148a and 148e of this title),
the appropriation provisions of second clause (see section 148e of this
title), provisions of first proviso relating to general administration,
field work, etc. (see section 148a of this title) and provisions of
second proviso restricting the uses of appropriations (see section 148d
of this title).
Act Apr. 6, 1937, ch. 69, 50 Stat. 57, as amended, which is
classified to sections 148 to 148e of this title, is popularly known as
the ''Insect Control Act''.
Authorization of appropriation, see section 148e of this title.
07 USC 148a. Availability of appropriated money for general
administration; personnel; field work, etc.
TITLE 7 -- AGRICULTURE
Any sums which may be appropriated for such purpose shall be
available for expenditure for the employment of persons and means in the
District of Columbia and elsewhere, printing, rent outside the District
of Columbia, general administration and supervision, surveys, and the
purchase, transportation, and application of poison bait or materials
and equipment for control of insect pests or plant diseases, including
grasshoppers, Mormon crickets, and chinch bugs, and for the preparation
of such poison bait or materials for application, and such other
expenses as may be necessary.
(Apr. 6, 1937, ch. 69, 2, as added May 9, 1938, ch. 192, 52 Stat.
344.)
07 USC 148b. Repealed. Oct. 10, 1940, ch. 851, 4, 54 Stat. 1111
TITLE 7 -- AGRICULTURE
Section, act Apr. 6, 1937, ch. 69, 3, as added May 9, 1938, ch.
192, 52 Stat. 344, related to procurement of materials and equipment
for the control of insect pests and plant diseases. See section 6b(a)
of Title 41, Public Contracts.
07 USC 148c. Control of insect pests and plant diseases; cooperation
of States
TITLE 7 -- AGRICULTURE
In the discretion of the Secretary of Agriculture, no part of any
sums appropriated to carry out the purposes of sections 148 to 148e of
this title shall be expended for the control of incipient or emergency
outbreaks of insect pests or plant diseases in any State until the State
concerned has provided the organization or materials and supplies
necessary for cooperation with the Federal Government.
(Apr. 6, 1937, ch. 69, 4, as added May 9, 1938, ch. 192, 52 Stat.
344.)
Cooperation with State agencies in administration and enforcement of
laws relating to marketing of agricultural products and control or
eradication of plant and animal diseases and pests; assistance of State
agencies to Secretary of Agriculture; coordination of administration of
Federal and State laws; Federal administrative jurisdiction and other
provisions respecting cooperation unaffected, see section 450 of this
title.
07 USC 148d. Restrictions on appropriations
TITLE 7 -- AGRICULTURE
No part of the sums hereinafter authorized to be appropriated shall
be used to pay the cost or value of farm animals, farm crops, or other
property injured or destroyed.
(Apr. 6, 1937, ch. 69, 5, as added May 9, 1938, ch. 192, 52 Stat.
344.)
07 USC 148e. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated annually such sums as may be
necessary to carry out the provisions of sections 148 to 148e of this
title.
(Apr. 6, 1937, ch. 69, 6, as added May 9, 1938, ch. 192, 52 Stat.
344.)
Additional appropriations for purposes of this section were made as
follows: Act Mar. 2, 1938, ch. 39, 1, 52 Stat. 83 -- $2,000,000;
Joint Res. June 13, 1939, ch. 207, 53 Stat. 821 -- $1,750,000.
07 USC 148f. Control of grasshoppers and Mormon Crickets on Federal
lands
TITLE 7 -- AGRICULTURE
(a) Authority of Secretary of Agriculture
The Secretary of Agriculture shall carry out a program to control
grasshoppers and Mormon Crickets on all Federal lands.
(b) Funds for lands subject to jurisdiction of Federal Government or
Federal lands subject to jurisdiction of Secretary of the Interior;
prompt requests for transferred funds and for replenishing
appropriations
(1) Subject to paragraph (2), the Secretary of Agriculture shall
expend or transfer, and upon request, the Secretary of the Interior
shall transfer to the Secretary of Agriculture, from any no-year
appropriations, funds for the prevention, suppression, and control of
actual or potential grasshopper and Mormon Cricket outbreaks on lands
under the jurisdiction of the Federal Government.
(2)(A) Appropriated funds made available to the Secretary of the
Interior shall be available for the payment of obligations incurred on
Federal lands subject to the jurisdiction of the Secretary of the
Interior.
(B) Funds transferred pursuant to this paragraph shall be requested
as promptly as possible by the Secretary of Agriculture.
(C) Funds transferred pursuant to this section shall be replenished
by supplemental or regular appropriations which shall be requested as
promptly as possible.
(c) Exhaustion of contingency grasshopper emergency funds before
availability of transferred funds for control of outbreaks on Federal
lands subject to jurisdiction of Secretary of the Interior
(1) Except as provided in paragraph (2), from any funds made
available to the Department of the Interior until expended, moneys shall
be made available for the transfer by the Secretary of the Interior to
the Secretary of Agriculture for the prevention, suppression, and
control of grasshoppers and Mormon Cricket outbreaks on Federal lands
under the jurisdiction of the Secretary of the Interior.
(2) No funds shall be made available under this authority, until
contingency funds specifically available to the Animal and Plant Health
Inspection Service for grasshopper emergencies have been exhausted.
(d) Time for treatment of lands dependent on determination of
economic damage
On request of the administering agency or the Department of
Agriculture of an affected State, the Secretary of Agriculture shall
immediately treat Federal, State, or private lands that are infested by
grasshoppers or Mormon Crickets at levels of economic infestation,
unless the Secretary determines that delaying treatment will optimize
biological control and not cause greater economic damage to adjacent
landowners.
(e) Amount of payments for costs of control on Federal, State, and
private lands; interrelated participation efforts
The Secretary of Agriculture shall --
(1) pay out of appropriated funds made available to the Secretary or
transferred to the Secretary by the Secretary of the Interior -- 100
percent of the cost of grasshopper or Mormon Cricket control on Federal
lands;
(2) pay out of appropriated funds made available to the Secretary --
(A) 50 percent of the cost of such control on State lands; and
(B) 33.3 percent of the cost of such control on private rangelands;
and
(3) participate in prevention, control, or suppression programs for
grasshoppers and Mormon Crickets in conjunction with other Federal,
State and private prevention, control or suppression efforts.
(f) Funding of personnel training program
From appropriated funds made available or transferred by the
Secretary of the Interior to the Secretary of Agriculture for such
purposes, the Secretary of Agriculture shall provide adequate funding
for a program to train personnel to effectively accomplish the objective
of this section.
(Pub. L. 99-198, title XVII, 1773, Dec. 23, 1985, 99 Stat. 1658.)
07 USC 149. Regulation, cleaning, etc., of vehicles and materials
entering from Mexico
TITLE 7 -- AGRICULTURE
(a) Administration by Secretary; fees
To prevent the introduction of insect pests and plant diseases the
Secretary of Agriculture is authorized and directed to promulgate such
rules and regulations as he may deem necessary to regulate the entry
into the United States from Mexico of railway cars and other vehicles
and freight, express, baggage, and other materials which may carry such
pests and to provide for the inspection, cleaning, and, when necessary,
disinfection of such vehicles and materials; to carry out the
activities required to accomplish this purpose, the Secretary of
Agriculture shall use such means as he may deem necessary, including
construction and repair of buildings, plants, and equipment for
fumigation and disinfection or cleaning of vehicles and materials; the
cleaning and disinfection of vehicles or materials necessary to
accomplish the purpose shall be carried out by or under the direction of
authorized inspectors of the Department of Agriculture, and the
Secretary of Agriculture shall make and collect such charge as will
cover, as nearly as may be, the average cost of materials, facilities,
and special labor used in performing such disinfection, and fees so
collected shall be covered into the Treasury of the United States as
miscellaneous receipts.
(b) Penalties
(1) Any person who knowingly violates any rule or regulation
promulgated under subsection (a) of this section shall be guilty of a
misdemeanor and shall be punished by a fine not exceeding $5,000, by
imprisonment not exceeding one year, or both.
(2) Any person who violates any such rule or regulation may be
assessed a civil penalty by the Secretary of Agriculture not exceeding
$1,000. The Secretary may issue an order assessing such civil penalty
only after notice and an opportunity for an agency hearing on the
record. Such order shall be treated as a final order reviewable under
chapter 158 of title 28. The validity of such order may not be reviewed
in an action to collect such civil penalty.
(Jan. 31, 1942, ch. 31, 56 Stat. 40; May 23, 1957, Pub. L. 85-36,
title I, 110, 71 Stat. 34; Jan. 12, 1983, Pub. L. 97-461, 3, 96 Stat.
2524.)
1983 -- Pub. L. 97-461 designated existing provisions as subsec.
(a) and added subsec. (b).
1957 -- Pub. L. 85-36 substituted ''or'' for ''and'' before ''under
the direction of authorized inspectors''.
Functions of all officers, agencies and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Department of Agriculture Appropriation Acts, July 12, 1943, ch.
215, 57 Stat. 408; June 28, 1944, ch. 296, 58 Stat. 440, provided
that any moneys received in payment of charges shall be covered into the
Treasury as miscellaneous receipts.
Sections amended or repealed by Pub. L. 85-36 to continue in force
as to rights, liabilities and violations that occurred before May 23,
1957, and findings, regulations, other orders, permits and certificates
issued before May 23, 1957, as remaining in effect until modified, see
section 111 of Pub. L. 85-36, set out as a note under section 147a of
this title.
07 USC CHAPTER 7A -- GOLDEN NEMATODE
TITLE 7 -- AGRICULTURE
Sec.
150. Governmental policy for protection of potatoes and tomatoes
from golden nematode.
150a. Duty of Secretary of Agriculture.
150b. Inspections; quarantines; restrictions; crop destruction;
compensation of growers.
150c. Expenditure of funds; discretion of Secretary.
150d. State legislative action authorizing restrictions on or
destruction of crops.
150e. Computation of compensation paid growers; method; finality
of determination.
150f. Expenses; employment of personnel; printing and binding;
purchase of passenger-carrying vehicles.
150g. Chapter as supplemental legislation.
07 USC 150. Governmental policy for protection of potatoes and
tomatoes from golden nematode
TITLE 7 -- AGRICULTURE
To protect potato and tomato production in the United States from the
destructive pest known as the golden nematode which subsists on the
roots of potatoes and tomatoes, causes marked reduction in yield,
persists in the soil for many years in an inactive state in the absence
of preferred hosts, and becomes active and destructive when potatoes or
tomatoes are again planted, it is the policy of the Government of the
United States, independently or in cooperation with State and local
governmental agencies, and other public and private organizations,
associations, and individuals, to eradicate, suppress, control, and
prevent the spread of, this pest.
(June 15, 1948, ch. 471, 1, 62 Stat. 442.)
Section 9 of act June 15, 1948, provided that: ''This Act (enacting
this chapter) may be cited as the 'Golden Nematode Act'.''
Cooperation with State agencies in administration and enforcement of
laws relating to marketing of agricultural products and control or
eradication of plant and animal diseases and pests; assistance of State
agencies to Secretary of Agriculture; coordination of administration of
Federal and State laws; Federal administrative jurisdiction and other
provisions respecting cooperation unaffected, see section 450 of this
title.
07 USC 150a. Duty of Secretary of Agriculture
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture either independently or in cooperation
with public or private agencies is authorized to carry out operations or
measures to eradicate, suppress, control, or prevent the spread of, the
golden nematode.
(June 15, 1948, ch. 471, 2, 62 Stat. 443.)
07 USC 150b. Inspections; quarantines; restrictions; crop
destruction; compensation of growers
TITLE 7 -- AGRICULTURE
The activities contemplated by this chapter include cooperation with
States and other agencies in making inspections, applying suppressive
measures, enforcing quarantines, enforcing restrictions on the planting
of potatoes and tomatoes, destroying potatoes and tomatoes growing in
soil found infested or exposed to infestation with the golden nematode,
and compensating growers in areas infected, or exposed to infestation,
with the golden nematode for not planting potatoes or tomatoes or for
losses resulting from destruction for the purposes of this chapter of
potatoes or tomatoes.
(June 15, 1948, ch. 471, 3, 62 Stat. 443.)
07 USC 150c. Expenditure of funds; discretion of Secretary
TITLE 7 -- AGRICULTURE
In the discretion of the Secretary of Agriculture no part of any sums
appropriated to carry out the purposes of this chapter shall be expended
with respect to any area infested with the golden nematode or exposed to
such infestation until the appropriate cooperating agency or agencies
have presented evidence satisfactory to the Secretary of Agriculture
that they will provide funds, materials, means, and State and local
authority necessary for the cooperating agency or agencies to carry out
effectively that part of the cooperative program the Secretary of
Agriculture may require from the cooperating agency or agencies.
(June 15, 1948, ch. 471, 4, 62 Stat. 443.)
07 USC 150d. State legislative action authorizing restrictions on or
destruction of crops
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall not undertake any program
involving mandatory restrictions on the planting of potatoes or
tomatoes, or mandatory destruction of potatoes or tomatoes unless the
State concerned shall have enacted legislation authorizing such
restrictions or destruction.
(June 15, 1948, ch. 471, 5, 62 Stat. 443.)
07 USC 150e. Computation of compensation paid growers; method;
finality of determination
TITLE 7 -- AGRICULTURE
The amount of compensation to be paid by the Federal Government and
any cooperating agency, and the method of computation thereof, shall be
determined by the Secretary of Agriculture or the agent or agents
designated by him, in cooperation with the responsible officials of the
agency concerned and in a manner to assure that necessary records are
preserved to show full compliance with the provisions of this chapter
and regulations promulgated in accordance therewith. No payment shall
be made to any grower except after compliance in good faith with
regulations concerning the golden nematode promulgated by the Secretary
of Agriculture and the responsible official of the cooperating agency.
The determination by the Secretary of Agriculture, or his authorized
agent, of the amount of compensation to be provided by the Federal
Government for any grower shall be final.
(June 15, 1948, ch. 471, 6, 62 Stat. 443.)
07 USC 150f. Expenses; employment of personnel; printing and
binding; purchase of passenger-carrying vehicles
TITLE 7 -- AGRICULTURE
To carry out the purposes of this chapter the Secretary of
Agriculture is authorized to incur all necessary expenses, including the
employment of persons in the District of Columbia and elsewhere,
printing and binding, and the purchase of passenger-carrying vehicles.
(June 15, 1948, ch. 471, 7, 62 Stat. 443.)
07 USC 150g. Chapter as supplemental legislation
TITLE 7 -- AGRICULTURE
The provisions of this chapter are intended to supplement, and shall
not be construed as limiting or repealing existing legislation.
(June 15, 1948, ch. 471, 8, 62 Stat. 443.)
07 USC CHAPTER 7B -- PLANT PESTS
TITLE 7 -- AGRICULTURE
Sec.
150aa. Definitions.
150bb. Movement of pests; permit; permission by Secretary.
150cc. Mailing of pests; opening of mail; exception.
150dd. Emergency measures by Secretary.
(a) Remedial measures or disposal by Secretary.
(b) Additional remedial measures; payment of compensation;
authorization of appropriations.
(c) Ordering treatment or disposal by owner; procedure.
(d) Other adequate action to prevent dissemination.
(e) Compensation of owner for unauthorized disposal.
150ee. Regulations and conditions.
150ff. Inspections and seizures; warrants.
150gg. Violations.
(a) Criminal penalties.
(b) Civil penalty.
150hh. Separability.
150ii. Authority as additional.
150jj. Plant Quarantine Act unaffected.
07 USC 150aa. Definitions
TITLE 7 -- AGRICULTURE
As used in this chapter, except where the context otherwise requires:
(a) ''Secretary'' means the Secretary of Agriculture of the United
States or any other person to whom authority may be delegated to act in
his stead.
(b) ''Properly identified employee of the Department of Agriculture''
means an employee of that Department authorized to enforce the
provisions of the Plant Quarantine Act (7 U.S.C. 151 et seq.), and
wearing a suitable badge for identification, or otherwise properly
identified.
(c) ''Plant pest'' means any living stage of: Any insects, mites,
nematodes, slugs, snails, protozoa, or other invertebrate animals,
bacteria, fungi, other parasitic plants or reproductive parts thereof,
viruses, or any organisms similar to or allied with any of the
foregoing, or any infectious substances, which can directly or
indirectly injure or cause disease or damage in any plants or parts
thereof, or any processed, manufactured, or other products of plants.
(d) ''Living stage'' includes the egg, pupal, and larval stages as
well as any other living stage.
(e) ''United States'' means any of the States, Territories, or
Districts (including possessions and the District of Columbia) of the
United States.
(f) ''Interstate'' means from one State, Territory, or District
(including possessions and the District of Columbia) of the United
States into or through any other such State, Territory, or District.
(g) ''Move'' means ship, deposit for transmission in the mail,
otherwise offer for shipment, offer for entry, import, receive for
transportation, carry, or otherwise transport, or move, or allow to be
moved, by mail or otherwise.
(h) ''Plant Quarantine Act'' means the Act of August 20, 1912 (37
Stat. 315), as from time to time amended.
(i) ''Mexican Border Act'' means the Act of January 31, 1942 (56
Stat. 40), as from time to time amended.
(Pub. L. 85-36, title I, 102, May 23, 1957, 71 Stat. 31.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 85-36, May 23, 1957, 71 Stat. 31, as amended, which
enacted this chapter, amended sections 147a and 149 of this title,
repealed sections 141 to 144 and 441 of this title, and enacted
provisions set out as a note under section 147a of this title. For
complete classification of this Act to the Code, see Tables.
The Plant Quarantine Act, referred to in subsecs. (b) and (h), is
act Aug. 20, 1912, ch. 308, 37 Stat. 315, as amended, which is
classified generally to chapter 8 ( 151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 151 of this title and Tables.
The Mexican Border Act, referred to in subsec. (i), is act Jan. 31,
1942, ch. 31, 56 Stat. 40, as amended, which is classified to section
149 of this title.
Section 101 of Pub. L. 85-36 provided that: ''This title (enacting
this chapter and provisions set out as a note under section 147a of this
title, amending section 149 of this title and repealing sections 141 to
144 and 441 of this title) may be cited as the 'Federal Plant Pest
Act'.''
07 USC 150bb. Movement of pests; permit; permission by Secretary
TITLE 7 -- AGRICULTURE
(a) Except as provided in subsection (c) of this section, no person
shall move any plant pest from a foreign country into or through the
United States, or interstate, or accept delivery of any plant pest
moving from any foreign country into or through the United States, or
interstate, unless such movement is authorized under general or specific
permit from the Secretary and is made in accordance with such conditions
as the Secretary may prescribe in the permit and in such regulations as
he may promulgate under this section to prevent the dissemination into
the United States, or interstate, of plant pests.
(b) The Secretary may refuse to issue a permit for the movement of
any plant pest when, in his opinion, such movement would involve a
danger of dissemination of such pests. The Secretary may permit the
movement of host materials otherwise barred under the Plant Quarantine
Act (7 U.S.C. 151 et seq.) when they must necessarily accompany the
plant pest to be moved.
(c) No person shall move any plant pest from Canada into or through
the United States or accept delivery of any plant pest moving from
Canada into or through the United States, unless such movement is made
in accordance with such regulations as the Secretary may promulgate
under this section to prevent the dissemination into the United States
of plant pests.
(Pub. L. 85-36, title I, 103, May 23, 1957, 71 Stat. 32; Pub. L.
97-461, 1(a), Jan. 12, 1983, 96 Stat. 2523; Pub. L. 100-449, title
III, 301(f)(1), Sept. 28, 1988, 102 Stat. 1868.)
The Plant Quarantine Act, referred to in subsec. (b), is act Aug.
20, 1912, ch. 308, 37 Stat. 315, as amended, which is classified
generally to chapter 8 ( 151 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 151 of this title and Tables.
1988 -- Subsec. (a). Pub. L. 100-449, 301(f)(1)(A), substituted
''Except as provided in subsection (c) of this section, no person
shall'' for ''No person shall''.
Subsec. (c). Pub. L. 100-449, 301(f)(1)(B), added subsec. (c).
1983 -- Subsec. (a). Pub. L. 97-461 struck out ''knowingly''
wherever appearing.
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(a),
(c) of Pub. L. 100-449, set out in a note under section 2112 of Title
19, Customs Duties.
07 USC 150cc. Mailing of pests; opening of mail; exception
TITLE 7 -- AGRICULTURE
(a) Except as provided in subsection (b) of this section, any letter,
parcel, box, or other package containing any plant pest, whether sealed
as letter-rate postal matter or not, is declared to be nonmailable, and
will not knowingly be conveyed in the mail or delivered from any post
office or by any mail carrier, except when accompanied by a copy of a
permit issued under this chapter.
(b) Any letter, parcel, box, or other package from Canada containing
any plant pest, whether sealed as letter-rate postal matter or not, is
declared to be nonmailable, and shall not knowingly be conveyed in the
mail or delivered from any post office or by any mail carrier, except in
accordance with such regulations as the Secretary may promulgate under
this section to prevent the dissemination into the United States of
plant pests.
(c) Nothing in this chapter shall authorize any person to open any
letter or other sealed matter except in accordance with the postal laws
and regulations.
(d) The prohibitions of this chapter shall not apply to any employee
of the United States in the performance of his duties in handling mail.
(Pub. L. 85-36, title I, 104, May 23, 1957, 71 Stat. 32; Pub. L.
100-449, title III, 301(f)(2), Sept. 28, 1988, 102 Stat. 1869.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
1988 -- Subsec. (a). Pub. L. 100-449, 301(f)(2)(A), substituted
''Except as provided in subsection (b) of this section, any letter'' for
''Any letter''.
Subsecs. (b) to (d). Pub. L. 100-449, 301(f)(2)(B), (C), added
subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and
(d), respectively.
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(a),
(c) of Pub. L. 100-449, set out in a note under section 2112 of Title
19, Customs Duties.
07 USC 150dd. Emergency measures by Secretary
TITLE 7 -- AGRICULTURE
(a) Remedial measures or disposal by Secretary
Except as provided in subsection (c) of this section, the Secretary
may, whenever he deems it necessary as an emergency measure in order to
prevent the dissemination of any plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States, seize, quarantine, treat, apply other remedial measures
to, destroy, or otherwise dispose of, in such manner as he deems
appropriate, any product or article of any character whatsoever, or
means of conveyance, which is moving into or through the United States,
or interstate, and which he has reason to believe is infested or
infected by or contains any such plant pest, or which has moved into the
United States, or interstate, and which he has reason to believe was
infested or infected by or contained any such plant pest at the time of
such movement; and any plant pest, product, article, or means of
conveyance which is moving into or through the United States, or
interstate, or has moved into the United States, or interstate, in
violation of this chapter or any regulation thereunder: Provided, That
this subsection shall not authorize such action with respect to any
product, article, means of conveyance, or plant pest subject, at the
time of the proposed action, to disposal under the Plant Quarantine Act
(7 U.S.C. 151 et seq.).
(b) Additional remedial measures; payment of compensation;
authorization of appropriations
(1) Whereas, the existence of a plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States on any premises in the United States would constitute a
threat to crops, other plant life, and plant products of the Nation and
thereby seriously burden interstate or foreign commerce, whenever the
Secretary determines that an extraordinary emergency exists because of
the presence of such plant pest on any premises in the United States,
and that the presence of such plant pest anywhere in the United States
threatens the crops, other plant life, or plant products of the United
States, the Secretary may (A) seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of, in such manner
as the Secretary deems appropriate, any product or article of any
character whatsoever, or means of conveyance which the Secretary has
reason to believe is infested or infected by or contains any such plant
pest; (B) quarantine, treat, or apply other remedial measures to, in
such manner as the Secretary deems appropriate, any premises, including
articles on such premises which the Secretary has reason to believe are
infested or infected by any such plant pest: Provided, That any action
taken under clauses (A) and (B) shall be consistent with the provisions
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136
et seq.): Provided further, That such action may be taken under this
subsection only if the Secretary finds after review of measures taken by
the State or other jurisdiction and after consultation with the Governor
that the measures being taken are inadequate. Before any action is
taken in any State or other jurisdiction under this subsection, the
Secretary shall notify the Governor of the State or other jurisdiction,
shall issue a public announcement and shall file a statement for
publication in the Federal Register of the action the Secretary intends
to take together with the findings and reasons therefor: Provided, That
if it is not possible to make such a filing with the Federal Register
prior to taking action, the filing shall be made within a reasonable
time, not to exceed five business days, after commencement of the
action. If the Secretary wishes to change any action previously taken
under this subsection, the Secretary shall follow the procedure set
forth in the preceding sentence. The cost of any action taken by the
Secretary under this subsection shall be at the expense of the United
States.
(2) The Secretary may pay compensation to producers and other persons
for economic losses incurred by them as a result of the quarantine,
destruction, or other action taken under the authority of paragraph (1)
of this subsection. The determination by the Secretary of the amount of
any compensation to be paid under this subsection shall be final.
(3) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subsection.
(c) Ordering treatment or disposal by owner; procedure
Except as provided in subsection (c) of this section, the Secretary
may order the owner of any product, article, means of conveyance, or
plant pest subject to disposal under subsection (a) of this section, or
his agent, to treat, apply other remedial measures to, destroy, or make
other disposal of such product, article, means of conveyance, or plant
pest, without cost to the Federal Government and in such manner as the
Secretary deems appropriate. The Secretary may apply to the United
States district court, or to the United States court of any Territory or
possession, for the judicial district in which such person resides or
transacts business or in which the product, article, means of
conveyance, or plant pest is found, for enforcement of such order by
injunction, mandatory or otherwise. Process in any such case may be
served in any judicial district wherein the defendant resides or
transacts business or may be found, and subpena for witnesses who are
required to attend a court in any judicial district in such a case may
run into any other judicial district.
(d) Other adequate action to prevent dissemination
No product, article, means of conveyance, or plant pest shall be
destroyed, exported, or returned to shipping point of origin, or ordered
to be destroyed, exported, or so returned under this section, unless in
the opinion of the Secretary there is no less drastic action which would
be adequate to prevent the dissemination of plant pests new to or not
theretofore known to be widely prevalent or distributed within and
throughout the United States.
(e) Compensation of owner for unauthorized disposal
The owner of any product, article, means of conveyance, or plant pest
destroyed, or otherwise disposed of by the Secretary under this section,
may bring an action against the United States in the United States
District Court for the District of Columbia, within one year after such
destruction or disposal, and recover just compensation for such
destruction or disposal of such product, article, means of conveyance,
or plant pest (not including compensation for loss due to delays
incident to determining eligibility for movement into or through the
United States or for interstate movement) if the owner establishes that
neither this section nor the Plant Quarantine Act (7 U.S.C. 151 et seq.)
authorized such destruction or disposal. Any judgment rendered in favor
of such owner shall be paid out of the money in the Treasury
appropriated for plant disease and pest control activities of the
Department of Agriculture.
(Pub. L. 85-36, title I, 105, May 23, 1957, 71 Stat. 32; Pub. L.
97-98, title XI, 1119(1), Dec. 22, 1981, 95 Stat. 1272.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
The Plant Quarantine Act, referred to in subsecs. (a) and (d), is
act Aug. 20, 1912, ch. 308, 37 Stat. 315, as amended, which is
classified generally to chapter 8 ( 151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 151 of this title and Tables.
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (b), is act June 25, 1947, ch. 125, as amended generally by
Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is classified
generally to subchapter II ( 136 et seq.) of chapter 6 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 136 of this title and Tables.
1981 -- Subsecs. (b) to (e). Pub. L. 97-98 added subsec. (b) and
redesignated former subsecs. (b) to (d) as (c) to (e), respectively.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
07 USC 150ee. Regulations and conditions
TITLE 7 -- AGRICULTURE
The Secretary may promulgate such regulations requiring inspection of
products and articles of any character whatsoever and means of
conveyance, specified in the regulations, as a condition of their
movement into or through the United States, or interstate, and imposing
other conditions upon such movement, as he deems necessary to prevent
the dissemination into the United States, or interstate, of plant pests,
in any situation in which such regulations are not authorized under the
Plant Quarantine Act (7 U.S.C. 151 et seq.).
(Pub. L. 85-36, title I, 106, May 23, 1957, 71 Stat. 33.)
The Plant Quarantine Act, referred to in text, is act Aug. 20, 1912,
ch. 308, 37 Stat. 315, as amended, which is classified generally to
chapter 8 ( 151 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 151 of
this title and Tables.
07 USC 150ff. Inspections and seizures; warrants
TITLE 7 -- AGRICULTURE
Any properly identified employee of the Department of Agriculture
shall have authority to stop and inspect, without a warrant, any persons
or means of conveyance moving into the United States, and any plant
pests and any products and articles of any character whatsoever carried
thereby, to determine whether such persons or means of conveyance are
carrying any plant pest contrary to this chapter and whether any such
means of conveyance, products, or articles are infested or infected by
or contain any plant pest or are moving in violation of any regulation
under this chapter; to stop and inspect, without a warrant, any persons
or means of conveyance moving interstate, and any plant pests and any
products and articles of any character whatsoever carried thereby, upon
probable cause to believe that such means of conveyance, products, or
articles are infested or infected by or contain any plant pest or are
moving subject to any regulation under this chapter, or that such
persons or means of conveyance are carrying any plant pest subject to
this chapter; to stop and inspect without a warrant any person or means
of conveyance moving intrastate upon probable cause to believe that the
person or conveyance is carrying any product or article subject to
treatment or disposal under the provisions of this chapter or the
regulations issued thereunder; and to enter, with a warrant, any
premises in the United States, other than places which may be entered
under section 167 of this title, to make any inspections and seizures
necessary under this chapter. Any judge of the United States or of a
court of record of any State, Territory or possession, or a United
States magistrate judge, may, within his respective jurisdiction, upon
proper oath or affirmation showing probable cause to believe that there
are on certain premises any products, articles, means of conveyance, or
plant pests regulated or subject to disposal under this chapter, issue
warrants for the entry of such premises to make any inspections or
seizures under this chapter. Such warrants may be executed by any
authorized employee of the Department of Agriculture.
(Pub. L. 85-36, title I, 107, May 23, 1957, 71 Stat. 34; Pub. L.
90-578, title IV, 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L.
97-98, title XI, 1119(2), Dec. 22, 1981, 95 Stat. 1273; Pub. L.
101-650, title III, 321, Dec. 1, 1990, 104 Stat. 5117.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
1981 -- Pub. L. 97-98 inserted ''to stop and inspect without a
warrant any person or means of conveyance moving intrastate upon
probable cause to believe that the person or conveyance is carrying any
product or article subject to treatment or disposal under the provisions
of this Act or the regulations issued thereunder;'' after ''subject to
this chapter;''.
''United States magistrate judge'' substituted for ''United States
magistrate'' in text pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ''United States magistrate'' substituted for
''United States commissioner'' pursuant to Pub. L. 90-578. See chapter
43 ( 631 et seq.) of Title 28.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
07 USC 150gg. Violations
TITLE 7 -- AGRICULTURE
(a) Criminal penalties
Any person who --
(1) knowingly violates section 150bb of this title or any regulation
promulgated under this chapter;
(2) knowingly forges or counterfeits any permit or other document
provided for by this chapter or by any such regulation; or
(3) knowingly and without the authority of the Secretary, uses,
alters, or defaces any such permit or document;
shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding $5,000, by imprisonment not exceeding one year, or both.
(b) Civil penalty
Any person who --
(1) violates section 150bb of this title or any regulation
promulgated under this chapter;
(2) forges or counterfeits any permit or other document provided for
by this chapter or by any such regulation; or
(3) without the authority of the Secretary, uses, alters, or defaces
any such permit or document;
may be assessed a civil penalty by the Secretary not exceeding
$1,000. The Secretary may issue an order assessing such civil penalty
only after notice and an opportunity for an agency hearing on the
record. Such order shall be treated as a final order reviewable under
chapter 158 of title 28. The validity of such order may not be reviewed
in an action to collect such civil penalty.
(Pub. L. 85-36, title I, 108, May 23, 1957, 71 Stat. 34; Pub. L.
97-461, 1(b), Jan. 12, 1983, 96 Stat. 2523.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
1983 -- Pub. L. 97-461 designated existing provisions as subsec.
(a), divided existing provisions among pars. (1) through (3),
substituted ''$5,000'' for ''$500'', and added subsec. (b).
07 USC 150hh. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the remainder of the chapter
and the application of such provision to other persons and circumstances
shall not be affected thereby.
(Pub. L. 85-36, title I, 109, May 23, 1957, 71 Stat. 34.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
07 USC 150ii. Authority as additional
TITLE 7 -- AGRICULTURE
The authority conferred by this chapter shall be in addition to
authority conferred by other statues not specifically repealed hereby.
(Pub. L. 85-36, title I, 111, May 23, 1957, 71 Stat. 34.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
Section constitutes first sentence of section 111 of Pub. L. 85-36.
Second sentence of section 111 is classified as section 150jj of this
title. Third sentence of section 111 repealed sections 141 to 144, and
441 of this title. Remainder of section 111 is set out as a note under
section 147a of this title.
07 USC 150jj. Plant Quarantine Act unaffected
TITLE 7 -- AGRICULTURE
Nothing in this chapter shall amend or repeal any of the provisions
of the Plant Quarantine Act (7 U.S.C. 151 et seq.).
(Pub. L. 85-36, title I, 111, May 23, 1957, 71 Stat. 35.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
The Plant Quarantine Act, referred to in text, is act Aug. 20, 1912,
ch. 308, 37 Stat. 315, as amended, which is classified generally to
chapter 8 ( 151 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 151 of
this title and Tables.
Section constitutes second sentence of section 111 of Pub. L.
85-36. For disposition of remainder of section 111, see Codification
note set out under section 150ii of this title.
07 USC CHAPTER 8 -- NURSERY STOCK AND OTHER PLANTS AND PLANT PRODUCTS
TITLE 7 -- AGRICULTURE
Sec.
151. ''Person'' defined.
152. ''Nursery stock'' defined.
153. Liability of principal for act of agent.
154. General restriction on importation of nursery stock;
exceptions.
155. Importation for scientific purposes permitted.
156. Notification of arrival at port of entry; forwarding without
notification forbidden; inspection before shipment.
157. Marking packages, etc., for entry.
158. Marking packages, etc., for interstate shipment; inspection.
159. Regulations by Secretary restricting importation of plants,
etc., other than ''nursery stock''.
160. Regulations by Secretary restricting importation from
insect-infested locality; when quarantine effective.
161. Interstate quarantine; shipments or removals from quarantined
localities forbidden; regulations by Secretary for shipment, etc., from
quarantined localities; promulgation.
161a. Omitted.
162. Rules and regulations.
163. Violations; forgery, alterations, etc., of certificates;
punishment; civil penalty.
164. Duty of United States attorneys to prosecute.
164a. Enforcement of quarantine against nursery stock and plant
products; search and seizure.
165, 165a. Repealed or Omitted.
166. State terminal inspection; transmission of mailed packages for
State inspection; nonmailable matter; punishment for violations;
rules and regulations by United States Postal Service.
167. Rules governing District of Columbia.
section 3014.
07 USC 151. ''Person'' defined
TITLE 7 -- AGRICULTURE
The word ''person'' as used in this chapter shall be construed to
import both the plural and the singular, as the case demands, and shall
include corporations, companies, societies, and associations.
(Aug. 20, 1912, ch. 308, 11, 37 Stat. 319.)
Section is comprised of a part of section 11 of act Aug. 20, 1912.
Other provisions of section 11 are classified to section 153 of this
title.
Section 14 of act Aug. 20, 1912, provided: ''That this Act
(enacting this chapter) shall become and be effective from and after the
first day of October, nineteen hundred and twelve, except as herein
otherwise provided.''
Act Aug. 20, 1912, as amended, which is classified to this chapter
is popularly known as the ''Nursery Stock Quarantine Act'' and the
''Plant Quarantine Act''.
Words denoting number, etc., see section 1 of Title 1, General
Provisions.
07 USC 152. ''Nursery stock'' defined
TITLE 7 -- AGRICULTURE
For the purpose of this chapter the term ''nursery stock'' shall
include all field-grown florists' stock, trees, shrubs, vines, cuttings,
grafts, scions, buds, fruit pits, and other seeds of fruit and
ornamental trees or shrubs, and other plants and plant products for
propagation, except field, vegetable, and flower seeds, bedding plants,
and other herbaceous plants, bulbs, and roots.
(Aug. 20, 1912, ch. 308, 6, 37 Stat. 317.)
Regulations restricting importation of plants, etc., other than
nursery stock, see section 159 of this title.
title 39 section 3014.
07 USC 153. Liability of principal for act of agent
TITLE 7 -- AGRICULTURE
When construing and enforcing the provisions of this chapter, the
act, omission, or failure of any officer, agent, or other person acting
for or employed by any corporation, company, society, or association,
within the scope of his employment or office, shall in every case be
also deemed to be the act, omission, or failure of such corporation,
company, society, or association as well as that of the person.
(Aug. 20, 1912, ch. 308, 11, 37 Stat. 319.)
Section is composed of part of section 11 of act Aug. 20, 1912.
Other provisions of section 11 are classified to section 151 of this
title.
07 USC 154. General restriction on importation of nursery stock;
exceptions
TITLE 7 -- AGRICULTURE
It shall be unlawful for any person to import or offer for entry into
the United States any nursery stock unless and until a permit shall have
been issued therefor by the Secretary of Agriculture, under such
conditions and regulations as the said Secretary of Agriculture may
prescribe, and unless such nursery stock shall be accompanied by a
certificate of inspection, in manner and form as required by the
Secretary of Agriculture, of the proper official of the country from
which the importation is made, to the effect that the stock has been
thoroughly inspected and is believed to be free from injurious plant
diseases and insect pests: Provided, That the Secretary of Agriculture
may waive the permit requirement for nursery stock imported or offered
for entry from Canada: Provided further, That the Secretary of
Agriculture shall issue the permit for any particular importation of
nursery stock when the conditions and regulations as prescribed in this
chapter shall have been complied with: Provided further, That nursery
stock may be imported for experimental or scientific purposes by the
Department of Agriculture upon such conditions and under such
regulations as the said Secretary of Agriculture may prescribe: And
provided further, That nursery stock imported from countries where no
official system of inspection for such stock is maintained may be
admitted upon such conditions and under such regulations as the
Secretary of Agriculture may prescribe: And provided further, That the
Secretary of Agriculture is authorized to limit entry of nursery stock
from foreign countries under such rules and regulations as he may deem
necessary, including the requirement, if necessary, that such nursery
stock be grown under postentry quarantine by or under the supervision of
the United States Department of Agriculture for the purpose of
determining whether imported nursery stock may be infested or infected
with plant pests not discernible by port-of-entry inspection and
provided that if imported nursery stock is found to be infested or
infected with such plant pests, he is authorized to prescribe remedial
measures as he may deem necessary to prevent the spread thereof.
(Aug. 20, 1912, ch. 308, 1, 37 Stat. 315; July 31, 1947, ch. 405,
61 Stat. 680; Sept. 28, 1988, Pub. L. 100-449, title III,
301(f)(3)(A), 102 Stat. 1869.)
1988 -- Pub. L. 100-449 struck out ''Provided'' the first place it
appeared and inserted in lieu thereof ''Provided, That the Secretary of
Agriculture may waive the permit requirement for nursery stock imported
or offered for entry from Canada: Provided further''.
1947 -- Act July 31, 1947, inserted last proviso.
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(a),
(c) of Pub. L. 100-449, set out in a note under section 2112 of Title
19, Customs Duties.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Plants, etc., other than nursery stock as subject to provisions of
this section, see section 159 of this title.
07 USC 155. Importation for scientific purposes permitted
TITLE 7 -- AGRICULTURE
Any class of nursery stock or of any other class of plants, fruits,
vegetables, roots, bulbs, seeds, or other plant products of which the
importation may be forbidden from any country or locality under the
provisions of section 160 of this title may be imported for experimental
or scientific purposes by the Department of Agriculture upon such
conditions and under such regulations as the said Secretary of
Agriculture may prescribe.
(Mar. 4, 1913, ch. 145, 1 (part), 37 Stat. 854.)
Section was enacted as part of the Agricultural Appropriation Act,
1914, and not as part of the ''Plant Quarantine Act'' which comprises
this chapter.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 156. Notification of arrival at port of entry; forwarding
without notification forbidden; inspection before shipment
TITLE 7 -- AGRICULTURE
It shall be the duty of the Secretary of the Treasury promptly to
notify the Secretary of Agriculture of the arrival of any nursery stock
at port of entry. The person receiving such stock at port of entry
shall, immediately upon entry and before such stock is delivered for
shipment or removed from the port of entry, advise the Secretary of
Agriculture or, at his direction, the proper State, Territorial, or
District official of the State or Territory or the District to which
such nursery stock is destined, or both, as the Secretary of Agriculture
may elect, of the name and address of the consignee, the nature and
quantity of the stock it is proposed to ship, and the country and
locality where the same was grown. No person shall ship or offer for
shipment from one State or Territory or District of the United States
into any other State or Territory or District, any nursery stock
imported into the United States without notifying the Secretary of
Agriculture or, at his direction, the proper State, Territorial, or
District official of the State or Territory or District to which such
nursery stock is destined, or both, as the Secretary of Agriculture may
elect, immediately upon the delivery of the said stock for shipment, of
the name and address of the consignee, of the nature and quantity of
stock it is proposed to ship, and the country and locality where the
same was grown, unless and until such imported stock has been inspected
by the proper official of a State, Territory, or District of the United
States. This section shall not apply to nursery stock that arrives
from, or is imported from, Canada.
(Aug. 20, 1912, ch. 308, 2, 37 Stat. 316; Sept. 28, 1988, Pub. L.
100-449, title III, 301(f)(3)(B), 102 Stat. 1869.)
1988 -- Pub. L. 100-449 inserted at end ''This section shall not
apply to nursery stock that arrives from, or is imported from, Canada.''
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(a),
(c) of Pub. L. 100-449, set out in a note under section 2112 of Title
19, Customs Duties.
Plants, etc., other than nursery stock as subject to provisions of
this section, see section 159 of this title.
07 USC 157. Marking packages, etc., for entry
TITLE 7 -- AGRICULTURE
No person shall import or offer for entry into the United States any
nursery stock unless the case, box, package, crate, bale, or bundle
thereof shall be plainly and correctly marked to show the general nature
and quantity of the contents, the country and locality where the same
was grown, the name and address of the shipper, owner, or person
shipping or forwarding the same, and the name and address of the
consignee.
(Aug. 20, 1912, ch. 308, 3, 37 Stat. 316.)
Plants, etc., other than nursery stock as subject to provisions of
this section, see section 159 of this title.
Prohibition against mailing packages into a state maintaining
terminal inspection without marking the contents on the outside, see
section 166 of this title.
07 USC 158. Marking packages, etc., for interstate shipment;
inspection
TITLE 7 -- AGRICULTURE
No person shall ship or deliver for shipment from one State or
Territory or District of the United States into any other State or
Territory or District any such imported nursery stock the case, box,
package, crate, bale, or bundle whereof is not plainly marked so as to
show the general nature and quantity of the contents, the name and
address of the consignee, and the country and locality where such stock
was grown, unless and until such imported stock has been inspected by
the proper official of a State, Territory, or District of the United
States.
(Aug. 20, 1912, ch. 308, 4, 37 Stat. 316.)
Plants, etc., other than nursery stock as subject to provisions of
this section, see section 159 of this title.
Prohibition against mailing packages into a State maintaining
terminal inspection without marking the contents on the outside, see
section 166 of this title.
07 USC 159. Regulations by Secretary restricting importation of
plants, etc., other than ''nursery stock''
TITLE 7 -- AGRICULTURE
Whenever the Secretary of Agriculture shall determine that the
unrestricted importation of any plants, fruits, vegetables, roots,
bulbs, seeds, or other plant products not included by the term ''nursery
stock'' as defined in section 152 of this title may result in the entry
into the United States or any of its Territories or Districts of
injurious plant diseases or insect pests he shall promulgate his
determination, specifying the class of plants and plant products the
importation of which shall be restricted and the country and locality
where they are grown, and thereafter, and until such promulgation is
withdrawn, such plants and plant products imported or offered for import
into the United States or any of its Territories or Districts shall be
subject to all the provisions of sections 154 and 156 to 158 of this
title.
(Aug. 20, 1912, ch. 308, 5, 37 Stat. 316; Jan. 8, 1983, Pub. L.
97-432, 1(1), 96 Stat. 2276.)
1983 -- Pub. L. 97-432 struck out provision directing the Secretary
to hold a hearing before promulgating a determination under this
section.
07 USC 160. Regulations by Secretary restricting importation from
insect-infested locality; when quarantine effective
TITLE 7 -- AGRICULTURE
Whenever, in order to prevent the introduction into the United States
of any tree, plant, or fruit disease or of any injurious insect, new to
or not theretofore widely prevalent or distributed within and throughout
the United States, the Secretary of Agriculture shall determine that it
is necessary to forbid the importation into the United States of any
class of nursery stock or of any other class of plants, fruits,
vegetables, roots, bulbs, seeds, or other plant products from a country
or locality where such disease or insect infestation exists, he shall
promulgate such determination, specifying the country and locality and
the class of nursery stock or other class of plants, fruits, vegetables,
roots, bulbs, seeds, or other plant products which, in his opinion,
should be excluded. Following the promulgation of such determination by
the Secretary of Agriculture, and until the withdrawal of the said
promulgation by him, the importation of the class of nursery stock or of
other class of plants, fruits, vegetables, roots, bulbs, seeds, or other
plant products specified in the said promulgation from the country and
locality therein named, regardless of the use for which the same is
intended, is hereby prohibited; and until the withdrawal of the said
promulgation by the Secretary of Agriculture, and notwithstanding that
such class of nursery stock, or other class of plants, fruits,
vegetables, roots, bulbs, seeds, or other plant products be accompanied
by a certificate of inspection from the country of importation, no
person shall import or offer for entry into the United States from any
country or locality specified in such promulgation, any of the class of
nursery stock or of other class of plants, fruits, vegetables, roots,
bulbs, seeds, or other plant products named therein, regardless of the
use for which the same is intended: Provided, That the quarantine
provisions of this section, as applying to the white-pine blister rust,
potato wart, and the Mediterranean fruit fly, shall become and be
effective on August 20, 1912.
(Aug. 20, 1912, ch. 308, 7, 37 Stat. 317; Jan. 8, 1983, Pub. L.
97-432, 1(2), 96 Stat. 2276.)
1983 -- Pub. L. 97-432 struck out provision directing Secretary to
hold a hearing before promulgating a determination of necessity of
forbidding importation.
Section effective Oct. 1, 1912, see note set out under section 151
of this title.
Importation for scientific purposes permitted, see section 155 of
this title.
07 USC 161. Interstate quarantine; shipments or removals from
quarantined localities forbidden; regulations by Secretary for
shipment, etc., from quarantined localities; promulgation
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to quarantine
any State, Territory, or District of the United States, or any portion
thereof, when he shall determine that such quarantine is necessary to
prevent the spread of a dangerous plant disease or insect infestation,
new to or not theretofore widely prevalent or distributed within and
throughout the United States. No person shall ship or offer for
shipment to any common carrier nor shall any common carrier receive for
transportation or transport, nor shall any person carry or transport
from any quarantined State or Territory or District of the United
States, or from any quarantined portion thereof, into or through any
other State or Territory or District, any class of nursery stock or any
other class of plants, fruits, vegetables, roots, bulbs, seeds, or other
plant products, or any class of stone or quarry products, or any other
article of any character whatsoever, capable of carrying any dangerous
plant disease or insect infestation, specified in the notice of
quarantine except as hereinafter provided. It shall be unlawful to
move, or allow to be moved, any class of nursery stock or any other
class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant
products, or any class of stone or quarry products or any other article
of any character whatsoever, capable of carrying any dangerous plant
disease or insect infestation, specified in the notice of quarantine
hereinbefore provided, and regardless of the use for which the same is
intended, from any quarantined State or Territory or District of the
United States or quarantined portion thereof, into or through any other
State or Territory or District, in manner or method or under conditions
other than those prescribed by the Secretary of Agriculture. It shall
be the duty of the Secretary of Agriculture, when the public interests
will permit, to make and promulgate rules and regulations which shall
permit and govern the inspection, disinfection, certification, and
method and manner of delivery and shipment of the class of nursery stock
or of any other class of plants, fruits, vegetables, roots, bulbs,
seeds, or other plant products, or any class of stone or quarry
products, or any other article of any character whatsoever, capable of
carrying any dangerous plant disease or insect infestation, specified in
the notice of quarantine hereinbefore provided, and regardless of the
use for which the same is intended, from a quarantined State or
Territory or District of the United States, or quarantined portion
thereof, into or through any other State or Territory or District:
Provided, That until the Secretary of Agriculture shall have made a
determination that such a quarantine is necessary and has duly
established the same with reference to any dangerous plant disease or
insect infestation, as hereinabove provided, nothing in this chapter
shall be construed to prevent any State, Territory, Insular Possession,
or District from promulgating, enacting, and enforcing any quarantine,
prohibiting or restricting the transportation of any class of nursery
stock, plant, fruit, seed, or other product or article subject to the
restrictions of this section, into or through such State, Territory,
District, or portion thereof, from any other State, Territory, District,
or portion thereof, when it shall be found, by the State, Territory, or
District promulgating or enacting the same, that such dangerous plant
disease or insect infestation exists in such other State, Territory,
District, or portion thereof: Provided further, That the Secretary of
Agriculture is authorized, whenever he deems such action advisable and
necessary to carry out the purposes of this chapter, to cooperate with
any State, Territory, or District, in connection with any quarantine,
enacted or promulgated by such State, Territory, or District, as
specified in the preceding proviso: Provided further, That any nursery
stock, plant, fruit, seed, or other product or article, subject to the
restrictions of this section, a quarantine with respect to which shall
have been established by the Secretary of Agriculture under the
provisions of this chapter shall, when transported to, into, or through
any State, Territory, or District, in violation of such quarantine, be
subject to the operation and effect of the laws of such State,
Territory, or District, enacted in the exercise of its police powers, to
the same extent and in the same manner as though such nursery stock,
plant, fruit, seed, or other product or article had been produced in
such State, Territory, or District, and shall not be exempt therefrom by
reason of being introduced therein in original packages or otherwise.
(Aug. 20, 1912, ch. 308, 8, 37 Stat. 318; Mar. 4, 1917, ch. 179, 39
Stat. 1165; Apr. 13, 1926, ch. 135, 44 Stat. 250; Oct. 10, 1978, Pub.
L. 95-439, 4, 92 Stat. 1062; Jan. 8, 1983, Pub. L. 97-432, 1(3), 96
Stat. 2276.)
1983 -- Pub. L. 97-432 struck out provision directing Secretary to
hold a hearing before promulgating a determination of necessity to
quarantine.
1978 -- Pub. L. 95-439 struck out provisions requiring the Secretary
of Agriculture to give notice of the establishment of a quarantine to
common carriers doing business in or through the quarantined area, to
publish notice of the establishment of the quarantine in newspapers in
the quarantined area, and to give notice of the rules and regulations
provided for in this section for the notice of establishment of
quarantine.
1926 -- Act Apr. 13, 1926, inserted last three provisos.
1917 -- Act Mar. 4, 1917, substituted ''that such quarantine is
necessary to prevent the spread of'' for ''the fact that,'' in first
sentence, inserted ''or any class of stone or quarry products, or any
other article of any character whatsoever, capable of carrying any
dangerous plant disease or insect infection'' after the first three
references to ''seeds, or other plant products,'', and inserted ''when
the public interest will permit'' after ''That it shall be the duty of
the Secretary of Agriculture''.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 161a. Omitted
TITLE 7 -- AGRICULTURE
Section was from the Department of Agriculture Appropriation Act,
1945, act June 28, 1944, ch. 296, 58 Stat. 440, related to disposition
of moneys from inspection and certification of domestic plants and plant
products for export, and was not repeated in subsequent appropriation
acts.
Similar provisions were contained in prior appropriation acts as
follows:
July 12, 1943, ch. 215, 57 Stat. 408.
July 22, 1942, ch. 516, 56 Stat. 686.
07 USC 162. Rules and regulations
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall make and promulgate such rules and
regulations as may be necessary for carrying out the purposes of this
chapter.
(Aug. 20, 1912, ch. 308, 9, 37 Stat. 318.)
07 USC 163. Violations; forgery, alterations, etc., of certificates;
punishment; civil penalty
TITLE 7 -- AGRICULTURE
Any person who knowingly violates any provision of this chapter or
any rule or regulation promulgated by the Secretary of Agriculture under
this chapter, or who knowingly forges or counterfeits any certificate
provided for in this chapter or in any such rule or regulation, or who,
knowingly and without the authority of the Secretary, uses, alters,
defaces, or destroys any such certificate shall be deemed guilty of a
misdemeanor and shall, upon conviction thereof, be punished by a fine
not exceeding $5,000, by imprisonment not exceeding one year, or both.
Any person who violates any such provision, rule, or regulation, or who
forges or counterfeits any such certificate, or who, without the
authority of the Secretary, uses, alters, defaces, or destroys any such
certificate, may be assessed a civil penalty by the Secretary not
exceeding $1,000. The Secretary may issue an order assessing such civil
penalty only after notice and an opportunity for an agency hearing on
the record. Such order shall be treated as a final order reviewable
under chapter 158 of title 28. The validity of such order may not be
reviewed in an action to collect such civil penalty.
(Aug. 20, 1912, ch. 308, 10, 37 Stat. 318; Jan. 12, 1983, Pub. L.
97-461, 2, 96 Stat. 2523.)
Section is composed of part of section 10 of act Aug. 20, 1912.
Other provisions of section 10 are classified to sections 164 and 164a
of this title. Section is also set out in D.C. Code, 6-1105.
1983 -- Pub. L. 97-461 added the element of knowledge to the
definition of all violations, added use and the lack of authority from
the Secretary to the definition of the group of violations including
alteration, defacement or destruction of certificates, substituted
criminal penalties of a fine not exceeding $5,000 or a year's
imprisonment or both for a fine of $500 or a year's imprisonment or both
in the discretion of the court, inserted provisions relating to civil
penalties, and struck out provision that no common carrier would be
deemed to have violated sections 152, 154, 156 to 161, and 162 of this
title on proof that such carrier did not knowingly receive for
transportation or transport nursery stock or other plants or plant
products as such in the United States.
District of Columbia, violation of rules and regulations, see section
167 of this title.
07 USC 164. Duty of United States attorneys to prosecute
TITLE 7 -- AGRICULTURE
It shall be the duty of the United States attorneys diligently to
prosecute any violations of this chapter which are brought to their
attention by the Secretary of Agriculture or which come to their notice
by other means.
(Aug. 20, 1912, ch. 308, 10, 37 Stat. 318.)
Section is composed of part of section 10 of act Aug. 20, 1912.
Other provisions of section 10 are classified to sections 163 and 164a
of this title. Section is also set out in D.C. Code, 6-1105.
07 USC 164a. Enforcement of quarantine against nursery stock and plant
products; search and seizure
TITLE 7 -- AGRICULTURE
Any employee of the Department of Agriculture, authorized by the
Secretary of Agriculture to enforce the provisions of this chapter and
furnished with and wearing a suitable badge for identification, who has
probable cause to believe that any person coming into the United States,
or any vehicle, receptacle, boat, ship, or vessel, coming from any
country or countries or moving interstate, possesses, carries, or
contains any nursery stock, plants, plant products, or other articles
the entry or movement of which in interstate or foreign commerce is
prohibited or restricted by the provisions of this chapter, or by any
quarantine or order of the Secretary of Agriculture issued or
promulgated pursuant thereto, shall have power to stop and, without
warrant, to inspect, search, and examine such person, vehicle,
receptacle, boat, ship, or vessel, and to seize, destroy, or otherwise
dispose of, such nursery stock, plants, plant products, or other
articles found to be moving or to have been moved in interstate commerce
or to have been brought into the United States in violation of this
chapter, or of such quarantine or order.
(Aug. 20, 1912, ch. 308, 10, as added May 1, 1928, ch. 462, 45 Stat.
468.)
Section is composed of part of section 10 of act Aug. 20, 1912.
Other provisions of section 10 are classified to sections 163 and 164 of
this title.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 165. Repealed. Pub. L. 88-448, title IV, 402(a)(13), Aug. 19,
1964, 78 Stat. 493
TITLE 7 -- AGRICULTURE
Section, act Aug. 20, 1912, ch. 308, 12, 37 Stat. 319, related to
appointment of members of a Federal Horticultural Board from among
employees of Department of Agriculture.
Repeal effective on first day of first month which begins later than
ninetieth day following Aug. 19, 1964, see section 403 of Pub. L.
88-448.
07 USC 165a. Omitted
TITLE 7 -- AGRICULTURE
Section, act May 16, 1928, ch. 572, 45 Stat. 565, provided that the
functions of the Federal Horticultural Board should devolve upon and be
exercised by the Plant Quarantine and Control Administration. Said act
also created an Advisory Federal Plant Quarantine Board which was
abolished by act Mar. 3, 1933, ch. 203, 47 Stat. 1463.
Appropriations to enable the Secretary of Agriculture to carry into
effect the provisions of this chapter, which in prior appropriation acts
had been made to the Plant Quarantine and Control Administration, were
made to the Bureau of Plant Quarantine by the appropriation act of July
7, 1932, ch. 443, 47 Stat. 640, and to the Bureau of Entomology and
Plant Quarantine by the appropriation act of Mar. 26, 1934, ch. 89, 48
Stat. 486, and subsequent appropriation acts.
07 USC 166. State terminal inspection; transmission of mailed
packages for State inspection; nonmailable matter; punishment for
violations; rules and regulations by United States Postal Service
TITLE 7 -- AGRICULTURE
When any State shall provide for terminal inspection of plants and
plant products, and shall establish and maintain, at the sole expense of
the State, such inspection at one or more places therein, the proper
officials of said State may submit to the Secretary of Agriculture a
list of plants and plant products and the plant pests transmitted
thereby, that in the opinion of said officials should be subject to
terminal inspection in order to prevent the introduction or
dissemination in said State of pests injurious to agriculture. Upon his
approval of said list, in whole or in part, the Secretary of Agriculture
shall transmit the same to the United States Postal Service, and
thereafter all packages containing any plants or plant products named in
said approved lists shall, upon payment of postage therefor, be
forwarded by the postmaster at the destination of said package to the
proper State official at the nearest place where inspection is
maintained. If the plants or plant products (including seed) are found
upon inspection to be free from injurious pests and not in violation of
a plant-quarantine law or plant-quarantine regulation of the United
States Department of Agriculture or of the State of destination
pertaining to such injurious pests, or if infected shall be disinfected
by said official, they shall upon payment of postage therefor be
returned to the postmaster at the place of inspection to be forward /1/
to the person to whom they are addressed; but if found to be infected
with injurious pests and incapable of satisfactory disinfection or in
violation of a plant-quarantine law or plant-quarantine regulation of
the United States Department of Agriculture or of the State of
destination pertaining to such injurious pests, the State inspector
shall so notify the postmaster at the place of inspection who shall
promptly notify the sender of said plants or plant products that they
will be returned to him upon his request and at his expense, or in
default of such request that they will be turned over to the State
authorities for destruction.
It shall be unlawful for any person, firm, or corporation to deposit
in the United States mails any package containing any plant or plant
product addressed to any place within a State maintaining inspection
thereof, as herein defined, without plainly marking the package so that
its contents may be readily ascertained by an inspection of the outside
thereof. Whoever shall fail to so mark said packages shall be punished
by a fine of not more than $100.
The United States Postal Service is authorized and directed to make
all needful rules and regulations for carrying out the purposes hereof.
(Mar. 4, 1915, ch. 144, 38 Stat. 1113; June 4, 1936, ch. 495, 49
Stat. 1461; Aug. 12, 1970, Pub. L. 91-375, 4(a), 84 Stat. 773.)
Section was enacted as part of the Agricultural Appropriation Act,
1916, and not as part of the ''Plant Quarantine Act'' which comprises
this chapter.
1936 -- Act June 4, 1936, amended last sentence of first par. by
changing introductory word ''plant'' to ''plants'', inserting
''(including seed)'', ''and not in violation of a plant-quarantine law
or plant-quarantine regulation of the United States Department of
Agriculture or of the State of destination pertaining to such injurious
pests'', ''or in violation of a plant-quarantine law or plant-quarantine
regulation of the United States Department of Agriculture or of the
State of destination pertaining to such injurious pests,'' and striking
out the comma after ''place of inspection''.
This section is popularly known as the ''Terminal Inspection Act.''
In first and third pars., ''United States Postal Service''
substituted for ''Postmaster General'' pursuant to Pub. L. 91-375,
4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201
of Title 39, Postal Service, which abolished office of Postmaster
General of Post Office Department and transferred its functions to
United States Postal Service.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
/1/ So in original.
07 USC 167. Rules governing District of Columbia
TITLE 7 -- AGRICULTURE
Prohibition against shipment generally. -- In order further to
control and eradicate and to prevent the dissemination of dangerous
plant diseases and insect infections and infestations no plant or plant
products for or capable of propagation, including nursery stock,
hereinafter referred to as plants and plant products, shall be moved or
allowed to be moved, shipped, transported, or carried by any means
whatever into or out of the District of Columbia, except in compliance
with such rules and regulations as shall be prescribed by the Secretary
of Agriculture as hereinafter provided.
Eradication by owner. -- Whenever the Secretary of Agriculture, after
investigation, shall determine that any plants and plant products in the
District of Columbia are infested or infected with insect pests and
diseases and that any place, articles, and substances used or connected
therewith are so infested or infected, written notice thereof shall be
given by him to the owner or person in possession or control thereof,
and such owner or person shall forthwith control or eradicate and
prevent the dissemination of such insect pest or disease and shall
remove, cut, or destroy such infested and infected plants, plant
products, and articles and substances used or connected therewith, which
are declared to be nuisances, within the time and in the manner required
in said notice or by the rules and regulations of the Secretary of
Agriculture.
Eradication by Secretary of Agriculture. -- Whenever such owner or
person cannot be found, or shall fail, neglect, or refuse to comply with
the foregoing provisions of this section, the Secretary of Agriculture
is authorized and required to control and eradicate and prevent
dissemination of such insect pest or disease and to remove, cut, or
destroy infested or infected plants and plant products and articles and
substances used or connected therewith, and the United States shall have
an action of debt against such owner or persons for expenses incurred by
the Secretary of Agriculture in that behalf.
Inspection. -- Employees of the Bureau of Entomology and Plant
Quarantine are authorized and required to inspect places, plants, and
plant products and articles and substances used or connected therewith
whenever the Secretary of Agriculture shall determine that such
inspections are necessary for the purposes of this section.
Entry upon premises; opening packages; destruction of plants, etc.
-- For the purpose of carrying out the provisions and requirements of
this section and of the rules and regulations of the Secretary of
Agriculture made hereunder, and the notices given pursuant thereto,
employees of the Bureau of Entomology and Plant Quarantine shall have
power with a warrant to enter into or upon any place and open any
bundle, package, or other container of plants or plant products whenever
they shall have cause to believe that infections or infestations of
plant pests and diseases exist therein or thereon, and when such
infections or infestations are found to exist, after notice by the
Secretary of Agriculture to the owner or person in possession or control
thereof and an opportunity by said owner or person to be heard, to
destroy the infected or infested plants or plant products contained
therein.
Search warrants. -- The Superior Court of the District of Columbia
shall have power, upon information supported by oath or affirmation
showing probable cause for believing that there exists in any place,
bundle, package, or other container in the District of Columbia any
plant or plant product which is infected or infested with plant pests or
disease, to issue warrants for the search for and seizure of all such
plants and plant products.
Rules and regulations. -- It shall be the duty of the Secretary of
Agriculture, and he is required, from time to time, to make and
promulgate such rules and regulations as shall be necessary to carry out
the purposes of this section, and any person who shall move or allow to
be moved, or shall ship, transport, or carry, by any means whatever, any
plant or plant products from or into the District of Columbia, except in
compliance with the rules and regulations prescribed under this section,
shall be punished, as is provided in section 163 of this title.
(Aug. 20, 1912, ch. 308, 15, as added May 31, 1920, ch. 217, 41
Stat. 726; amended May 16, 1928, ch. 572, 45 Stat. 565; July 7, 1932,
ch. 443, 47 Stat. 640; Mar. 26, 1934, ch. 89, 48 Stat. 486; Apr. 1,
1942, ch. 207, 1, 4, 56 Stat. 190, 192; July 8, 1963, Pub. L. 88-60,
1, 7, 77 Stat. 77, 78; July 29, 1970, Pub. L. 91-358, title I,
155(a), 84 Stat. 570.)
Section is also set out in D.C. Code, 6-1104.
In penultimate par., ''Superior Court of the District of Columbia''
substituted for ''District of Columbia Court of General Sessions'' on
authority of Pub. L. 91-358.
''District of Columbia Court of General Sessions'' was the
designation given to the ''Municipal Court for the District of
Columbia'' by Pub. L. 88-60, 1, 7, July 8, 1963, 77 Stat. 77, 78,
which provided that, eff. Jan. 1, 1963, whenever reference is made in
any Act of Congress to the ''Municipal Court for the District of
Columbia'', such reference shall be held to be a reference to the
''District of Columbia Court of General Sessions.''
Police Court of District of Columbia and Municipal Court of District
of Columbia consolidated into a single court known as ''The Municipal
Court for the District of Columbia'' and powers and jurisdiction of such
courts transferred thereto by act Apr. 1, 1942, ch. 207, 1, 4, 56
Stat. 190, 192.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Functions of Bureau of Entomology and Plant Quarantine transferred to
Secretary of Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July
1, 1947, 12 F.R. 4534, 61 Stat. 952, set out in the Appendix to Title
5, Government Organization and Employees.
''Bureau of Entomology and Plant Quarantine'' substituted in text for
''Federal Horticultural Board'' by acts May 16, 1928, July 7, 1932, and
Mar. 26, 1934. See note under section 165a of this title.
One form of action, see rule 2, Title 28, Appendix, Judiciary and
Judicial Procedure.
07 USC CHAPTER 8A -- RUBBER AND OTHER CRITICAL AGRICULTURAL MATERIALS
TITLE 7 -- AGRICULTURE
Sec.
171. Program for development of guayule and other rubber-bearing
plants.
172. Authorization of Secretary to appoint employees; delegation of
powers; cooperation with other agencies; allotment of funds; leases
of facilities and disposal of water.
173. Authorization of appropriations.
174. Omitted.
175. Lease or sublease of unsuitable lands; disposal of water
supply.
176. Sale of guayule shrub to Reconstruction Finance Corporation.
178. Congressional findings and declaration of policy.
178a. Definitions.
178b. Joint Commission on Research and Development of Critical
Agricultural Materials.
(a) Establishment; function.
(b) Membership.
(c) Chairman.
(d) Delegation of responsibilities to Joint Commission; transfer and
use of appropriated funds.
(e) Duties.
(f) Administrative support services.
(g) Report to Congress.
(h) Advice of scientific, engineering and business communities.
178c. Research and development program by Secretary of Agriculture.
(a) Designation of Department as lead agency.
(b) Scope of program.
(c) Office of Critical Agricultural Materials.
(d) Authority of Secretary in carrying out demonstration project.
178d. Research and development program by Secretary of Commerce.
178e. Cooperative projects with Mexico, Australia, and Israel.
178f. Assistance from States and public agencies; contracts and
agreements.
178g. Powers of Secretary of Agriculture.
178h. Powers of Secretary of Commerce.
178i. Coordination of activities with Federal agencies.
178j. Laws governing inventions under this subchapter.
178k. Disposition of byproducts and strategic and industrially
important products.
178l. Rules and regulations.
178m. Report to President and Congress.
178n. Administration and funding.
(a) Authorization of appropriations to Secretary of Agriculture.
(b) Administration and management.
(c) Contract authority as limited by amounts provided in
appropriations acts.
(d) Activities limited to critical materials other than native latex
after fiscal 1988.
07 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 171. Program for development of guayule and other
rubber-bearing plants
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture (hereinafter called the ''Secretary'')
is authorized --
(1) To acquire by purchase, license, or other agreement, the right to
operate under processes or patents relating to the growing and
harvesting of guayule or the extraction of rubber therefrom, and such
properties, processes, records, and data as are necessary to such
operation, including but not limited to any such rights owned or
controlled by the Intercontinental Rubber Company, or any of its
subsidiaries, and all equipment, materials, structures, factories, real
property, seed, seedlings, growing shrub, and other facilities, patents
and processes of the Intercontinental Rubber Company, or any of its
subsidiaries, located in California, and for such rights, properties,
and facilities of the Intercontinental Rubber Company or any of its
subsidiaries, the Secretary is authorized to pay not to exceed
$2,000,000;
(2) To plant, or contract for the planting of, not in excess of five
hundred thousand acres of guayule in areas in the Western Hemisphere
where the best growth and yields may be expected in order to maintain a
nucleus planting of guayule to serve as a domestic source of crude
rubber as well as of planting material for use in further expanding
guayule planting to meet emergency needs of the United States for crude
rubber; to establish and maintain nurseries to provide seedlings for
field plants; and to purchase necessary equipment, facilities, land for
nurseries and administrative sites and water rights;
(3) To acquire by lease, or other agreement, for not exceeding ten
years, rights to land for the purpose of making plantings of guayule;
to acquire water rights; to erect necessary buildings on leased land
where suitable land cannot be purchased; to make surveys, directly or
through appropriate Government agencies, of areas in the Western
Hemisphere where guayule might be grown; and to establish and maintain
records indicating areas to which guayule cultivation could be extended
for emergency production;
(4) To construct or operate, or to contract for the operation of,
factories for the extraction of rubber from guayule, and from
Chrysothamnus, commonly known as rabbit brush; to purchase guayule
shrub; and to purchase, operate, and maintain equipment for the
harvesting, storing, transporting, and complete processing of guayule,
and Chrysothamnus, commonly known as rabbit brush, and to purchase land
as sites for processing plants;
(5) To conduct studies, in which he may cooperate with any other
public or private agency, designed to increase the yield of guayule by
breeding to by selection, and to improve planting methods; to make
surveys of areas suitable for cultivating guayule; to make experimental
plantings; and to conduct agronomic tests;
(6) To conduct tests, in which he may cooperate with any other public
or private agency, to determine the qualities of rubber obtained from
guayule and to determine the most favorable methods of compounding and
using guayule in rubber manufacturing processes;
(7) To improve methods of processing guayule shrubs and rubber and to
obtain and hold patents on such new processes;
(8) To sell guayule or rubber processed from guayule and to use funds
so obtained in replanting and maintaining an area not in excess of five
hundred thousand acres of guayule inside the Western Hemisphere; and
(9) To exercise with respect to rubber-bearing plants other than
guayule the same powers as are granted in the foregoing provisions of
this section with respect to guayule.
(Mar. 5, 1942, ch. 140, 1, 56 Stat. 126; Oct. 20, 1942, ch. 617,
1-4, 56 Stat. 796, 797.)
1942 -- Par. (2). Act Oct. 20, 1942, 1, increased acreage from
75,000 to 500,000 and inserted reference to land for administrative
sites and water rights.
Par. (3). Act Oct. 20, 1942, 2, inserted ''to acquire water rights;
to erect necessary buildings on leased land where suitable land cannot
be purchased;''.
Par. (4). Act Oct. 20, 1942, 3, inserted ''to purchase guayule
shrub;''.
Par. (8). Act Oct. 20, 1942, 4, substituted ''not in excess of five
hundred'' for ''of seventy-five''.
Act Oct. 26, 1942, ch. 629, title II, 56 Stat. 1002, provided
that: ''The Secretary of Agriculture, in connection with the
appropriations herein and heretofore made for such project, is
authorized to plant, or contract for the planting of, not to exceed
twenty-five thousand acres of guayule in areas in the Western Hemisphere
in addition to the acreage permitted under the provisions of paragraph
(1), section 1 of the act of March 5, 1942 (Public Law 473) (par. (1) of
this section).''
07 USC 172. Authorization of Secretary to appoint employees;
delegation of powers; cooperation with other agencies; allotment of
funds; leases of facilities and disposal of water
TITLE 7 -- AGRICULTURE
(a) The Secretary is authorized to appoint such employees, including
citizens of other countries, as may be necessary for carrying out the
provisions of sections 171 to 173 of this title. Such appointments may
be made without regard to the provisions of the civil-service laws.
(Sections 321, 322, 324, and 325a of title 40 shall not apply to any
nursery, planting, cultivating or harvesting operations conducted
pursuant to sections 171 to 173 of this title.) All appointments so made
by the Secretary shall be made only on the basis of merit and
efficiency.
(b) The Secretary may delegate any of the powers and duties conferred
on him by sections 171 to 173 of this title to any agency or bureau of
the Department of Agriculture.
(c) The Secretary, with the consent of any board, commission,
independent establishment, corporation, or executive department of the
Government, including any field service thereof, may avail himself of
the use of information, services, facilities, officers and employees
thereof, in carrying out the provisions of sections 171 to 173 of this
title.
(d) The Secretary may allot to bureaus and offices of the Department
of Agriculture, or may transfer to such other agencies of the State and
Federal Governments as may be requested by him to assist in carrying out
sections 171 to 173 of this title, any funds made available to him under
said sections.
(e) In carrying out the provisions of sections 171 to 173 of this
title the Secretary shall have all of the authority conferred upon him
by section 502 of title 16.
(f) The Secretary may lease at reasonable rentals structures erected
by the Government with essential facilities for such periods as such
structures and facilities are not required for the purposes of sections
171 to 173 of this title; and any part of land or structures with
essential facilities acquired by lease, deed, or other agreement
pursuant to said sections, which are not required or suitable for the
purposes of said sections during the period the United States is
entitled to possession thereof may be leased or subleased at a
reasonable rental; and any surplus water controlled by the United
States on land owned or leased by the United States for the purposes of
said sections may be disposed of at reasonable rates.
(Mar. 5, 1942, ch. 140, 2, 56 Stat. 127; Oct. 20, 1942, ch. 617,
5-7, 56 Stat. 797.)
The civil service laws, referred to in subsec. (a), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Sections 321, 322, 324, and 325a of title 40, referred to in subsec.
(a), were repealed by Pub. L. 87-581, title II, 203, Aug. 13, 1962,
76 Stat. 360. See sections 328, 330, and 332 of Title 40, Public
Buildings, Property, and Works.
In the second sentence of subsec. (a), the words ''and the
compensation of the persons so appointed may be fixed without regard to
the provisions of the Classification Act of 1923, as amended'' were
omitted as obsolete. Sections 1202 and 1204 of the Classification Act
of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts
of laws inconsistent with the 1949 Act. While section 1106(a) of the
1949 Act provided that references in other laws to the 1923 Act should
be held and considered to mean the 1949 Act, it did not have the effect
of continuing the exceptions contained in this subsection because of
section 1106(b) which provided that the application of the 1949 Act of
any position, officer, or employee shall not be affected by section
1106(a). The Classification Act of 1949 was repealed by Act Sept. 6,
1966, Pub. L. 89-554, 8(a), 80 Stat. 632 (of which section 1 revised
and enacted Title 5, U.S.C., into law). Section 5102 of Title 5
contains the applicability provisions of the 1949 Act, and section 5103
of Title 5 authorizes the Office of Personnel Management to determine
the applicability to specific positions and employees.
1942 -- Subsec. (a). Act Oct. 20, 1942, 5, 7, substituted ''other
countries'' for ''countries in the Western Hemisphere'' and inserted
sentence relating to inapplicability of certain sections of title 40.
Subsecs. (e), (f). Act Oct. 20, 1942, 6, added subsecs. (e) and
(f).
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 173. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated such amounts as may be
necessary to carry out the provisions of sections 171 to 173 of this
title. Any amounts so appropriated, and any funds received by the
Secretary under said sections, shall remain permanently available for
the purposes of said sections without regard to the provisions of any
other laws relating to the availability and disposition of appropriated
funds and the disposition of funds collected by officers or agencies of
the United States.
(Mar. 5, 1942, ch. 140, 3, 56 Stat. 128.)
07 USC 174. Omitted
TITLE 7 -- AGRICULTURE
Section was from the Department of Agriculture Appropriation Act,
1946, act July 5, 1945, ch. 271, title I, 59 Stat. 423, provided for
the disposition of proceeds from the sale of guayule and other
rubber-bearing plants, and was not repeated in subsequent appropriation
acts.
Similar provisions were contained in prior appropriation acts as
follows:
May 5, 1945, ch. 109, 59 Stat. 152.
June 28, 1944, ch. 296, 58 Stat. 447.
July 12, 1943, ch. 215, 57 Stat. 415.
July 2, 1942, ch. 476, title I, 56 Stat. 597.
Apr. 28, 1942, ch. 247, title III, 56 Stat. 240.
07 USC 175. Lease or sublease of unsuitable lands; disposal of water
supply
TITLE 7 -- AGRICULTURE
Subject to conditions prescribed by the Secretary of Agriculture, any
part of the land acquired by lease, deed, or other agreement pursuant to
sections 171 to 173 of this title, which is not required or suitable for
the purposes of said sections may be leased or subleased at a reasonable
rental during the period the United States is entitled to possession
thereof; and any surplus water supplies controlled by the United States
on such land may be disposed of at reasonable rates.
(July 2, 1942, ch. 476, title I, 56 Stat. 597.)
07 USC 176. Sale of guayule shrub to Reconstruction Finance
Corporation
TITLE 7 -- AGRICULTURE
Guayule shrub may be sold to the Reconstruction Finance Corporation
at a price reflecting the net realization from the sale of the rubber
recovered from such shrub in mills operated by said Corporation after
deducting the cost of milling and amortization of the cost of mills
constructed for the purpose by said Corporation.
(June 30, 1945, ch. 215, 1, 59 Stat. 310; July 5, 1945, ch. 271,
title I, 59 Stat. 423.)
Rubber Reserve Company dissolved and functions transferred to
Reconstruction Finance Corporation by Joint Res. June 30, 1945, eff.
July 1, 1945.
Section 6(a) of 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22
F.R. 4633, 71 Stat. 649, set out as a note under section 601 of Title
15, Commerce and Trade, abolished Reconstruction Finance Corporation.
07 USC SUBCHAPTER II -- CRITICAL AGRICULTURAL MATERIALS
TITLE 7 -- AGRICULTURE
07 USC 178. Congressional findings and declaration of policy
TITLE 7 -- AGRICULTURE
(a)(1) Congress recognizes that natural latex rubber is a commodity
of vital importance to the economy, the defense, and the general
well-being of the Nation. The United States is totally dependent upon
foreign sources for its supplies of natural (Hevea) latex, which total
about one million tons per year. Synthetic rubber, manufactured from
petroleum feedstocks, cannot be substituted for natural rubber.
(2) Congress further recognizes that certain plant species of the
genus Parthenium (Guayule), native to Texas and the Republic of Mexico,
as well as other plants, are known to contain commercial quantities of
extractable rubber. During World War II, through research carried out
by the Secretary of Agriculture in the Emergency Rubber Project, the
United States demonstrated that Parthenium latex is a promising and
realistic substitute for Hevea latex.
(3) Congress further recognizes that additional research and
development are needed, especially into methods for increasing latex
yields, before commercialization of native Parthenium latex or other
hydrocarbon-containing plants by private industry is feasible.
(4) Congress further recognizes that the development of a domestic
natural rubber industry, based on Parthenium and other
hydrocarbon-containing plants, would not only relieve the Nation's
dependence upon foreign latex sources but also convey substantial
economic benefits to people living in arid and semiarid regions of the
United States. Such an industry would comprise the agricultural
production of the hydrocarbon-containing plants and the development of
commercial processing and manufacturing facilities to extract the latex
and other products.
(5) Congress further recognizes that ongoing research into the
development and commercialization of native latex has been conducted by
the Department of Agriculture, the Department of Commerce, the National
Science Foundation, and other public as well as private and industrial
research groups, and that these research efforts should be continued and
expanded.
(b) In addition, Congress recognizes that the development of a
domestic industry or industries for the production and manufacture from
native agricultural crops of products other than rubber which are of
strategic and industrial importance but for which the Nation is now
dependent upon foreign sources, would benefit the economy, the defense,
and the general well-being of the Nation, and that additional research
efforts in this area should be undertaken or continued and expanded.
(c) It is therefore the policy of the United States to provide for
the development and demonstration of economically feasible means of
culturing and manufacturing Parthenium and other hydrocarbon-containing
plants, along with other native agricultural crops, for the production
of critical agricultural materials to benefit the Nation and promote
economic development.
(Pub. L. 95-592, 2, Nov. 4, 1978, 92 Stat. 2529; Pub. L. 98-284,
2, May 16, 1984, 98 Stat. 181.)
1984 -- Subsec. (a)(1). Pub. L. 98-284, 2(1), redesignated existing
provisions of subsec. (a) as par. (1).
Subsec. (a)(2) to (4). Pub. L. 98-284, 2(2), redesignated subsecs.
(b), (c), and (d) as pars. (2), (3), and (4), respectively, of subsec.
(a).
Subsec. (a)(5). Pub. L. 98-284, 2(2), (3), redesignated subsec. (e)
as par. (5) of subsec. (a), and in par. (5), as so redesignated,
substituted ''development and commercialization of native latex has been
conducted by the Department of Agriculture, the Department of Commerce,
the National Science Foundation, and other public as well as private and
industrial research groups,'' for ''commercialization of native latex
has been conducted by the Department of Agriculture and by the
Department of Commerce through the regional commissions''.
Subsec. (b). Pub. L. 98-284, 2(4), added subsec. (b). Former
subsec. (b) redesignated (a)(2).
Subsec. (c). Pub. L. 98-284, 2(4), added subsec. (c). Former
subsec. (c) redesignated (a)(3).
Subsecs. (d) and (e). Pub. L. 98-284, 2(2), redesignated subsecs.
(d) and (e) as (a)(4) and (a)(5), respectively.
Subsec. (f). Pub. L. 98-284, 2(4), struck out subsec. (f) which
provided: ''It is the policy of the Congress, therefore, to provide for
the development and demonstration of economically feasible means of
culturing and manufacturing Parthenium and other hydrocarbon-containing
plants for the extraction of natural rubber and other products to
benefit the Nation and promote economic development''. See subsec.
(c).
Section 1 of Pub. L. 95-592, as amended by Pub. L. 98-284, 1, May
16, 1984, 98 Stat. 181, provided: ''That this Act (enacting this
subchapter and amending section 1314f of this title) may be cited as the
'Critical Agricultural Materials Act'.'' As originally enacted Pub. L.
95-592 had been cited as the ''Native Latex Commercialization and
Economic Development Act of 1978''.
07 USC 178a. Definitions
TITLE 7 -- AGRICULTURE
As used in this subchapter --
(a) The term ''State'' means each of the fifty States, the District
of Columbia, and the Commonwealth of Puerto Rico.
(b) The term ''Secretaries'' means the Secretary of Agriculture
and/or the Secretary of Commerce acting each separately or jointly.
(c) The term ''commercialization'' means the stage in the development
or advancement of a technology at which point private enterprise is
willing to invest in a full-scale production facility.
(d) The term ''native'' means hydrocarbon-containing plants and other
agricultural crops of strategic and industrial importance which may be
cultured in North America, especially plants which are members of the
genus Parthenium known as Guayule.
(Pub. L. 95-592, 3, Nov. 4, 1978, 92 Stat. 2529; Pub. L. 98-284,
3, May 16, 1984, 98 Stat. 181.)
1984 -- Subsec. (d). Pub. L. 98-284, 3(a), inserted ''and other
agricultural crops of strategic and industrial importance'' and ''plants
which are''.
Subsec. (e). Pub. L. 98-284, 3(b), struck out subsec. (e) which
defined ''Regional Commissions'' as the Regional Action Planning
Commissions established pursuant to title V of the Public Works and
Economic Development Act of 1965.
07 USC 178b. Joint Commission on Research and Development of Critical
Agricultural Materials
TITLE 7 -- AGRICULTURE
(a) Establishment; function
There is established a Joint Commission on Research and Development
of Critical Agricultural Materials, hereinafter referred to as the Joint
Commission. The function of the Joint Commission shall be to assist the
Secretaries in carrying out the purposes of this subchapter.
(b) Membership
The Joint Commission shall consist of the following members: Three
individuals designated by the Secretary of Agriculture from among the
staff of the Department of Agriculture; three individuals designated by
the Secretary of Commerce from among the staff of the Department of
Commerce; a representative of the Bureau of Indian Affairs of the
Department of the Interior; a representative of the National Science
Foundation; a representative of the Department of State; a
representative of the Department of Defense; and a representative of
the Federal Emergency Management Agency. Each of the members of the
Joint Commission shall be an individual who, on behalf of the Department
or agency which such individual represents, is engaged in the support of
research, development, demonstration, and commercialization activities
involving native latex and the production of other critical agricultural
materials from native agricultural crops.
(c) Chairman
The Joint Commission shall be headed by a Chairman who shall be
selected by the Secretary of Agriculture from among the three
individuals designated by the Secretary as members under subsection (b)
of this section.
(d) Delegation of responsibilities to Joint Commission; transfer and
use of appropriated funds
The Secretaries may delegate to the Joint Commission one or more of
their responsibilities under this subchapter, and transfer to the Joint
Commission funds appropriated to carry out the purposes of this
subchapter as they deem appropriate to achieve the purposes of this
subchapter, and the Joint Commission is authorized to carry out such
functions and expend such funds to achieve the purposes of the
subchapter.
(e) Duties
The Joint Commission shall --
(1) develop a plan establishing goals, timetables, and tasks to be
undertaken in carrying out the purposes of this subchapter;
(2) establish broad policy for implementing the plan carrying out the
purposes of this subchapter;
(3) establish criteria for evaluating and awarding contracts for
research, development, and demonstration projects; and
(4) review and advise the Secretaries with respect to grants,
contracts, and other project expenditures.
(f) Administrative support services
The Secretaries are authorized to provide without reimbursement such
administrative support services, including the detail of staff personnel
not to exceed a total of five persons from each Department, as the Joint
Commission may need to carry out its functions.
(g) Report to Congress
One year after November 4, 1978, and each year thereafter, the Joint
Commission shall provide to the Congress a report on the implementation
of the subchapter. Such report shall (1) recommend specific directions
for further research, development, and other work, and (2) recommend
funding levels for various elements of the overall project.
(h) Advice of scientific, engineering and business communities
To the maximum extent possible, the Secretaries and the Joint
Commission shall seek the advice of the scientific, engineering and
business communities with respect to the activities carried out under
this subchapter. The Secretaries and the Commission shall specifically
seek the advice of persons with expertise in appropriate fields of
agricultural research in land grant colleges and other universities, in
State agricultural experiment stations, and in other appropriate
organizations; and, persons with expertise in manufacturing and
commerce involving rubber and other critical agricultural materials in
private enterprise and other appropriate organizations.
(Pub. L. 95-592, 4, Nov. 4, 1978, 92 Stat. 2530; Pub. L. 98-284,
4, May 16, 1984, 98 Stat. 181.)
1984 -- Subsec. (a). Pub. L. 98-284, 4(a), substituted ''Research
and Development of Critical Agricultural Materials'' for ''Guayule
Research and Commercialization''.
Subsec. (b). Pub. L. 98-284, 4(b), struck out provision mandating
that two of the designees of the Secretary of Commerce be Federal
Cochairmen of Regional Commissions engaged in the support of native
latex research, development, demonstration, or commercialization
activities, inserted provisions for the appointment of a representative
of the Department of State, a representative of the Department of
Defense, and a representative of the Federal Emergency Management
Agency, and inserted provisions that each of the members of the Joint
Commission be an individual who, on behalf of the Department or agency
which such individual represents, is engaged in the support of research,
development, demonstration, and commercialization activities involving
native latex and the production of other critical agricultural materials
from native agricultural crops.
Subsec. (c). Pub. L. 98-284, 4(c), substituted ''The Joint
Commission shall be headed by a Chairman who shall be selected by the
Secretary of Agriculture from among the three individuals designated by
the Secretary as members under subsection (b) of this section'' for
''The Joint Commission shall be headed by a Chairman. The Secretary of
Agriculture shall designate one of the two members from his Department
to serve as Joint Commission Chairman during the first two-year period
following November 4, 1978, and the Secretary of Commerce shall
designate one of the two members from his Department as Joint Commission
Chairman during the second two-year period following November 4, 1978.
And the same process of designating Joint Commission Chairmen shall be
followed in ensuing years''.
Subsec. (h). Pub. L. 98-284, 4(d), substituted ''manufacturing and
commerce involving rubber and other critical agricultural materials''
for ''rubber manufacturing and commerce''.
07 USC 178c. Research and development program by Secretary of
Agriculture
TITLE 7 -- AGRICULTURE
(a) Designation of Department as lead agency
The Department of Agriculture shall be the lead agency in carrying
out this subchapter.
(b) Scope of program
The Secretary of Agriculture shall conduct, sponsor, promote, and
coordinate basic and applied research, technology development, and
technology transfer leading to effective and economical methods for
large-scale culturing of plantations and the extraction of latex from
Parthenium or other hydrocarbon-containing plants, and for the
development of other critical agricultural materials from native
agricultural crops having strategic and industrial importance. Such
research shall include, but not be limited to --
(1) carrying out extensive seed collections from wild plants in
Texas, Mexico, and other areas and borrowing or purchasing seeds from
other sources;
(2) developing a stockpile of Parthenium seeds, such stockpile to be
appropriately classified and stored at a suitable facility;
(3) accelerating present plant breeding, genetics, and selection
programs for the purpose of improving and increasing latex yields,
expanding insect and disease resistance, broadening the ranges of
drought and cold resistance of the Parthenium plant, and providing a
system of regional research trials for enhancing and increasing the
supply of foundation seed for certified seed production;
(4) establishing a system of large-scale experimental plantings
(aggregating ten thousand acres or more) to provide shrub for feedstock
to process in the developmental rubber processing facility described in
paragraph (7);
(5) carrying out specific studies on the effects of irrigation on
plant growth and latex yield and survival potential;
(6) developing equipment needed to carry out nursery operations,
planting, cultivating, harvesting, transporting the crop, and other
necessary agricultural activities;
(7) accelerating the refinement of present extraction and processing
technologies and future extraction technologies, including the
development and construction of a developmental rubber processing
facility for the extraction and production of test quantities of guayule
natural rubber;
(8) establishing and maintaining a bank of all pertinent research
data on native latex including extant United States Government
publications and records from the emergency rubber project. Such data
shall be made available to other Federal and State agencies and private
persons who are interested or involved in native latex research,
development, or manufacture; and
(9) studying the economic feasibility of developing other native
agricultural crops (in addition to Parthenium and other
hydrocarbon-containing plants) that would supply critical agricultural
materials for strategic and industrial purposes, carrying out
demonstration projects to promote the development or commercialization
of such crops (including projects designed to expand domestic or foreign
markets for such crops), and, to the extent appropriate, carrying out
research activities with respect to such crops in the manner specified
in paragraphs (1) through (8).
(c) Office of Critical Agricultural Materials
The Secretary of Agriculture shall establish within the Department of
Agriculture an Office of Critical Agricultural Materials, as a central
location where such Department can address research and development with
respect to agricultural crops that have the potential of producing
critical materials for strategic and industrial purposes.
(d) Authority of Secretary in carrying out demonstration project
Notwithstanding any other provision of law, in carrying out a
demonstration project referred to in subsection (b)(9) of this section,
the Secretary may --
(1) enter into a contract or cooperative agreement with, or provide a
grant to, any person, or public or private agency or organization, to
participate in, carry out, support, or stimulate such project;
(2) make available for purposes of clause (1) agricultural
commodities or the products thereof acquired by the Commodity Credit
Corporation under price support operations conducted by the Corporation;
or
(3) use any funds appropriated pursuant to section 178n(a) of this
title, or any funds provided by any person, or public or private agency
or organization, to carry out such project or reimburse the Commodity
Credit Corporation for agricultural commodities or products that are
utilized in connection with such project.
(Pub. L. 95-592, 5, Nov. 4, 1978, 92 Stat. 2531; Pub. L. 98-284,
5, May 16, 1984, 98 Stat. 182; Pub. L. 99-198, title XIV, 1439, Dec.
23, 1985, 99 Stat. 1559; Pub. L. 102-237, title X, 1005(1), Dec. 13,
1991, 105 Stat. 1894.)
1991 -- Subsec. (b)(9). Pub. L. 102-237 substituted ''industrial
purposes,'' for ''industrial purposes,,''.
1985 -- Subsec. (b)(9). Pub. L. 99-198, 1439(a), extended research
program to carrying out demonstration projects to promote the
development or commercialization of native agricultural crops, including
projects designed to expand domestic or foreign markets for such crops.
Subsec. (d). Pub. L. 99-198, 1439(b), added subsec. (d).
1984 -- Subsec. (a). Pub. L. 98-284, 5(1), added subsec. (a).
Subsec. (b). Pub. L. 98-284, 5(1), designated existing provisions as
subsec. (b) and in first sentence of subsec. (b) as so designated
inserted provision relating to development of other critical
agricultural materials from native agricultural crops having strategic
and industrial importance.
Subsec. (b)(1), (2). Pub. L. 98-284, 5(2), redesignated cls. (a)
and (b) as pars. (1) and (2) of subsec. (b).
Subsec. (b)(3). Pub. L. 98-284, 5(2), (3), redesignated cl. (c) as
par. (3) of subsec. (b) and substituted ''accelerating present plant
breeding, genetics, and selection programs for the purpose of improving
and increasing latex yields, expanding insect and disease resistance,
broadening the ranges of drought and cold resistance of the Parthenium
plant, and providing a system of regional research trials for enhancing
and increasing the supply of foundation seed for certified seed
production'' for ''carrying out breeding and selection programs for the
purpose of improving latex yields, expanding insect and disease
resistance, and broadening the ranges of drought and cold tolerance of
the Parthenium plant''.
Subsec. (b)(4). Pub. L. 98-284, 5(2), (4), redesignated cl. (d) as
par. (4) of subsec. (b) and substituted ''establishing a system of
large-scale experimental plantings (aggregating ten thousand acres or
more) to provide shrub for feedstock to process in the developmental
rubber processing facility described in paragraph (7)'' for
''establishing a system of experimental plantings in arid and semiarid
regions of the United States having suitable climatic and soil
conditions for the culture of Parthenium''.
Subsec. (b)(5), (6). Pub. L. 98-284, 5(2), redesignated cls. (e)
and (f) as pars. (5) and (6), respectively, of subsec. (b).
Subsec. (b)(7). Pub. L. 98-284, 5(2), (5), redesignated cl. (g) as
par. (7) of subsec. (b) and substituted ''accelerating the refinement
of present extraction and processing technologies and future extraction
technologies, including the development and construction of a
developmental rubber processing facility for the extraction and
production of test quantities of guayule natural rubber;'' for ''further
refining present extraction technologies and future extraction
technologies, including technologies which utilize solar energy; and''.
Subsec. (b)(8). Pub. L. 98-284, 5(2), redesignated cl. (h) as par.
(8) of subsec. (b).
Subsec. (b)(9). Pub. L. 98-284, 5(7), added par. (9).
Subsec. (c). Pub. L. 98-284, 5(8), added subsec. (c).
07 USC 178d. Research and development program by Secretary of Commerce
TITLE 7 -- AGRICULTURE
The Secretary of Commerce is authorized and directed to initiate and
carry out research, technology development, technology transfer, and
demonstration projects to test and demonstrate the economic feasibility
of the manufacture and commercialization of natural rubber from
Parthenium or other hydrocarbon-containing plants or the manufacture and
commercialization of other critical agricultural materials from native
agricultural crops having strategic and industrial importance. Such
research shall include but not be limited to --
(a) conducting research and development on extraction and processing
techniques;
(b) economic analysis of the production of native latex, including
usable byproducts;
(c) studying the environmental, social, and economic impacts of the
commercial development of native latex;
(d) evaluating the commercial marketability of Parthenium and rubber
derived from other hydrocarbon-containing plants;
(e) further refining present extraction and manufacturing
technologies and future extraction and manufacturing technologies,
including technologies which utilize solar energy;
(f) developing pertinent material and records on manufacturing of
natural rubber which shall be available to other Federal and State
agencies and private persons who are interested in or involved in
natural rubber development, or manufacture; and
(g) to the extent appropriate, carrying out research activities with
respect to native agricultural crops (other than Parthenium and other
hydrocarbon-containing plants) that would supply critical agricultural
materials for strategic and industrial purposes, in the manner specified
in clauses (a) through (f).
(Pub. L. 95-592, 6, Nov. 4, 1978, 92 Stat. 2531; Pub. L. 98-284,
6, May 16, 1984, 98 Stat. 183.)
1984 -- Pub. L. 98-284, 6(1), (2), inserted in provisions preceding
cl. (a) reference to the manufacture and commercialization of other
critical agricultural materials from native agricultural crops having
strategic and industrial importance, and struck out ''may be carried out
through the Regional Commissions or otherwise and'' after ''Such
research''.
Cl. (g). Pub. L. 98-284, 6(5), added cl. (g).
07 USC 178e. Cooperative projects with Mexico, Australia, and Israel
TITLE 7 -- AGRICULTURE
The Secretaries, in consultation with the Secretary of State, are
authorized and encouraged to enter into cooperative projects with the
Government of Mexico, the Government of Australia, and the Government of
Israel in order to accomplish appropriate aspects of the research and
development provided for in this subchapter. Such cooperative projects
should include, but not be limited to, projects to determine the
economic feasibility of extraction and processing of latex and other
critical agricultural materials produced in the United States.
(Pub. L. 95-592, 7, Nov. 4, 1978, 92 Stat. 2532; Pub. L. 98-284,
7, May 16, 1984, 98 Stat. 183.)
1984 -- Pub. L. 98-284 inserted '', the Government of Australia, and
the Government of Israel'', and substituted ''extraction and processing
of latex and other critical agricultural materials produced in the
United States'' for ''latex extraction and processing''.
07 USC 178f. Assistance from States and public agencies; contracts
and agreements
TITLE 7 -- AGRICULTURE
The Secretaries are authorized to accept financial or other
assistance from any State or public agency to aid in carrying out the
provisions of this subchapter and to enter into contracts with respect
to such assistance and to enter into agreements with any State or public
agency for the purpose of demonstrating, transferring, or applying
results of research or methods of economic development relating to
native latex or to other critical agricultural materials.
(Pub. L. 95-592, 8, Nov. 4, 1978, 92 Stat. 2532; Pub. L. 98-284,
8, May 16, 1984, 98 Stat. 183.)
1984 -- Pub. L. 98-284 inserted ''or to other critical agricultural
materials''.
07 USC 178g. Powers of Secretary of Agriculture
TITLE 7 -- AGRICULTURE
In carrying out the provisions of this subchapter, the Secretary of
Agriculture is authorized to --
(a) make grants to States, education institutions, scientific
organizations, and Indian tribes as defined in the Indian
Self-Determination and Education Assistance Act (Public Law 93-638, 25
U.S.C. 450), and enter into contracts with such institutions and
organizations and with industrial or engineering firms;
(b) acquire the services of biologists, agronomists, foresters,
geneticists, chemists, engineers, economists, and other personnel by
contract or otherwise;
(c) utilize the facilities of Federal and State scientific
laboratories;
(d) establish and operate necessary facilities and plantations to
carry out the continuous research, testing, development, and programing
necessary to effectuate the purposes of this subchapter;
(e) acquire secret processes, technical data, inventions, patent
applications, patents, licenses, land and interest in land (including
water rights), facilities, and other property or rights by purchase,
license, lease, or donation;
(f) assemble and maintain pertinent and current literature and
publications, patents and licenses, land and interests in land;
(g) cause onsite inspections to be made of promising projects,
domestic or foreign, and, in the case of projects located in the United
States, cooperate and participate in their development when the
Secretary determines that the purpose of this subchapter will be served
thereby;
(h) foster and participate in regional, national, and international
conferences relating to native latex culture or the culture of other
native agricultural crops which could supply critical agricultural
materials;
(i) coordinate, correlate, and publish information with a view to
advancing the development of native latex technology or the technology
of other native agricultural crops which could supply critical
agricultural materials; and
(j) cooperate with other Federal departments and agencies, with State
and local departments, agencies, and instrumentalities, and with
interested persons, firms, institutions, and organizations.
(Pub. L. 95-592, 9, Nov. 4, 1978, 92 Stat. 2532; Pub. L. 98-284,
9, May 16, 1984, 98 Stat. 183.)
The Indian Self-Determination and Education Assistance Act (Public
Law 93-638, 25 U.S.C. 450), as amended, referred to in cl. (a), is Pub.
L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is
classified principally to subchapter II ( 450 et seq.) of chapter 14 of
Title 25, Indians. For complete classification of this Act to the Code,
see Short Title note set out under section 450 of Title 25 and Tables.
1984 -- Cl. (h). Pub. L. 98-284, 9(1), inserted ''or the culture of
other native agricultural crops which could supply critical agricultural
materials''.
Cl. (i). Pub. L. 98-284, 9(2), inserted ''or the technology of other
native agricultural crops which could supply critical agricultural
materials''.
07 USC 178h. Powers of Secretary of Commerce
TITLE 7 -- AGRICULTURE
In carrying out the provisions of this subchapter, the Secretary of
Commerce is authorized to --
(a) make grants to States, education institutions, scientific
organizations, and Indian tribes as defined in the Indian
Self-Determination and Education Assistance Act (Public Law 93-638, 25
U.S.C. 450), and enter into contracts with such institutions and
organizations and with industrial or engineering firms;
(b) acquire the services of biologists, agronomists, foresters,
geneticists, engineers, economists, and other personnel having expertise
in native agricultural crops which could supply critical agricultural
materials by contract or otherwise;
(c) utilize the facilities of Federal and State institutions and
other scientific laboratories;
(d) establish and operate necessary facilities and pilot plants to
carry out the continuous research, testing, development, and programing
necessary to effectuate the purposes of this section;
(e) acquire secret processes, technical data, invention, patent
applications, patents, licenses, land and interests in land (including
water rights), plants and facilities, and other property or rights by
purchase, license, lease, or donation; and
(f) foster and participate in regional, national, and international
conferences relating to the activities authorized by this subchapter.
(Pub. L. 95-592, 10, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98-284,
10, May 16, 1984, 98 Stat. 184.)
The Indian Self-Determination and Education Assistance Act (Public
Law 93-638, 25 U.S.C. 450), as amended, referred to in cl. (a), is Pub.
L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is
classified principally to subchapter II ( 450 et seq.) of chapter 14 of
Title 25, Indians. For complete classification of this Act to the Code,
see Short Title note set out under section 450 of Title 25 and Tables.
1984 -- Pub. L. 98-284, 10(1), (2), in provisions preceding cl.
(a) substituted ''this subchapter'' for ''this section'' and struck out
'', acting through the Regional Commissions or otherwise,'' after ''the
Secretary of Commerce''.
Cl. (b). Pub. L. 98-284, 10(3), inserted ''having expertise in
native agricultural crops which could supply critical agricultural
materials''.
Cl. (f). Pub. L. 98-284, 10(4), substituted ''the activities
authorized by this subchapter'' for ''natural rubber manufacture''.
07 USC 178i. Coordination of activities with Federal agencies
TITLE 7 -- AGRICULTURE
In carrying out the provisions of this subchapter, the Secretaries
and the Joint Commission shall cooperate with each other in the conduct
of their activities under this subchapter, and shall ensure that their
activities under this subchapter are closely coordinated with the
activities of other Federal agencies such as the Department of the
Interior, National Science Foundation, Bureau of Indian Affairs,
Department of Energy, Department of State, Department of Defense,
Treasury Department, Federal Emergency Management Agency, and others, in
order to prevent duplication of effort, ensure compatibility with
ongoing programs and policies, and to fully exploit the opportunities
inherent in the culture and manufacture of native latex.
(Pub. L. 95-592, 11, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98-284,
11, May 16, 1984, 98 Stat. 184; Pub. L. 102-237, title X, 1005(2),
Dec. 13, 1991, 105 Stat. 1894.)
1991 -- Pub. L. 102-237 substituted ''ensure'' for ''insure'' in two
places.
1984 -- Pub. L. 98-284 substituted ''shall cooperate with each other
in the conduct of their activities under this subchapter, and shall
insure that their activities under this subchapter are closely
coordinated with the activities of other Federal agencies'' for ''shall
insure that their activities are closely coordinated with the activities
of other Federal agencies'' and ''Federal Emergency Management Agency,
and others,'' for ''Federal Preparedness Agency, and others'', and
inserted ''Department of State,''.
07 USC 178j. Laws governing inventions under this subchapter
TITLE 7 -- AGRICULTURE
Relative to the definitions of, title to, and licensing of inventions
made or conceived in the course of or under any contract or grant
pursuant to this subchapter, and notwithstanding any other provisions of
law, the provisions of sections 5908 and 5909 of title 42 shall govern.
(Pub. L. 95-592, 12, Nov. 4, 1978, 92 Stat. 2533.)
07 USC 178k. Disposition of byproducts and strategic and industrially
important products
TITLE 7 -- AGRICULTURE
The Secretaries may dispose of any latex, resin, wax, pulp, and any
other byproducts, as well as products, other than rubber, developed from
agricultural crops which are of strategic and industrial importance,
resulting from operations under this subchapter. Dispositions under
this section may include sales of the materials involved to other
Federal departments and agencies for testing purposes. All moneys
received from dispositions under this section shall be paid into the
Treasury as miscellaneous receipts.
(Pub. L. 95-592, 13, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98-284,
12, May 16, 1984, 98 Stat. 184.)
1984 -- Pub. L. 98-284, substituted ''The Secretaries'' for ''The
Secretary of Agriculture and the Secretary of Commerce'', and inserted
'', as well as products, other than rubber, developed from agricultural
crops which are of strategic and industrial importance,'' and
''Dispositions under this section may include sales of the materials
involved to other Federal departments and agencies for testing
purposes.''
07 USC 178l. Rules and regulations
TITLE 7 -- AGRICULTURE
The Secretaries may issue rules and regulations necessary to
effectuate the purposes of this subchapter.
(Pub. L. 95-592, 14, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98-284,
13, May 16, 1984, 98 Stat. 184.)
1984 -- Pub. L. 98-284 substituted ''The Secretaries'' for ''The
Secretary of Agriculture and the Secretary of Commerce''.
07 USC 178m. Report to President and Congress
TITLE 7 -- AGRICULTURE
The Secretaries shall submit to the President and the Congress, no
later than December 31, 1980, and each year thereafter through 1987, a
report on the status of the research, development, and other work
underway under this subchapter. Such report shall (1) recommend
specific directions for further research, development and other work,
and (2) recommend funding levels for various elements of the overall
project.
(Pub. L. 95-592, 15, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98-284,
14, May 16, 1984, 98 Stat. 184.)
1984 -- Pub. L. 98-284 substituted ''The Secretaries'' for ''The
Secretary of Agriculture and the Secretary of Commerce'' and ''1987''
for ''1982''.
07 USC 178n. Administration and funding
TITLE 7 -- AGRICULTURE
(a) Authorization of appropriations to Secretary of Agriculture
There are authorized to be appropriated to the Secretary of
Agriculture such sums as are necessary to carry out this subchapter in
each of the fiscal years 1991 through 1995.
(b) Administration and management
No more than 3 per centum of funds authorized under subsection (a) of
this section shall be available for administration and management of the
program.
(c) Contract authority as limited by amounts provided in
appropriations acts
Notwithstanding any other provision of this subchapter the authority
to enter into contracts shall be effective for any fiscal year only to
such extent or in such amounts as are provided in appropriations Acts.
(d) Activities limited to critical materials other than native latex
after fiscal 1988
Notwithstanding any other provision of this subchapter, the
Secretaries and the Joint Commission shall limit their activities under
this subchapter to critical agricultural materials other than native
latex after the close of the fiscal year ending September 30, 1988.
(Pub. L. 95-592, 16, Nov. 4, 1978, 92 Stat. 2534; Pub. L. 98-284,
15, May 16, 1984, 98 Stat. 184; Pub. L. 101-624, title XVI, 1601(e),
Nov. 28, 1990, 104 Stat. 3704.)
1990 -- Subsec. (a). Pub. L. 101-624, 1601(e)(1), added subsec.
(a) and struck out former subsec. (a) which read as follows: ''There
is authorized to be appropriated to the Secretary of Agriculture
$2,500,000 for each of the fiscal years ending September 30, 1980, and
September 30, 1981, $5,000,000 for each of the fiscal years ending
September 30, 1982, and September 30, 1983, $5,000,000 for the fiscal
year ending September 30, 1984, $5,500,000 for the fiscal year ending
September 30, 1985, $6,500,000 for the fiscal year ending September 30,
1986, $7,500,000 for the fiscal year ending September 30, 1987, and
$8,000,000 for the fiscal year ending September 30, 1988, to carry out
the purposes of this subchapter. Funds appropriated under this
paragraph shall be available for obligation until the last day of the
fiscal year after the year for which such funds are authorized.''
Subsec. (b). Pub. L. 101-624, 1601(e)(2)-(4), redesignated subsec.
(c) as (b) and substituted ''subsection (a)'' for ''subsections (a) and
(b)'', and struck out former subsec. (b) which read as follows:
''There is authorized to be appropriated to the Secretary of Commerce
$2,500,000 for each of the fiscal years ending September 30, 1980, and
September 30, 1981, $5,000,000 for each of the fiscal years ending
September 30, 1982, and September 30, 1983, $2,500,000 for the fiscal
year ending September 30, 1984, $3,000,000 for the fiscal year ending
September 30, 1985, $3,500,000 for the fiscal year ending September 30,
1986, $4,000,000 for the fiscal year ending September 30, 1987, and
$4,500,000 for the fiscal year ending September 30, 1988, to carry out
the purposes of this subchapter. Funds appropriated under this
paragraph shall be available for obligation until the last day of the
fiscal year after the year for which such funds are authorized.''
Subsecs. (c) to (e). Pub. L. 101-624, 1601(e)(4), redesignated
subsecs. (c) to (e) as (b) to (d), respectively.
1984 -- Subsec. (a). Pub. L. 98-284, 15(a), inserted ''$5,000,000
for the fiscal year ending September 30, 1984, $5,500,000 for the fiscal
year ending September 30, 1985, $6,500,000 for the fiscal year ending
September 30, 1986, $7,500,000 for the fiscal year ending September 30,
1987, and $8,000,000 for the fiscal year ending September 30, 1988,''
and struck out ''and'' after ''1981,''.
Subsec. (b). Pub. L. 98-284, 15(b), inserted ''$2,500,000 for the
fiscal year ending September 30, 1984, $3,000,000 for the fiscal year
ending September 30, 1985, $3,500,000 for the fiscal year ending
September 30, 1986, $4,000,000 for the fiscal year ending September 30,
1987, and $4,500,000 for the fiscal year ending September 30, 1988,''
and struck out ''and'' after ''1981,''.
Subsec. (e). Pub. L. 98-284, 15(c), added subsec. (e).
07 USC CHAPTER 9 -- PACKERS AND STOCKYARDS
TITLE 7 -- AGRICULTURE
Sec.
181. Short title.
182. Definitions.
183. When transaction deemed in commerce; ''State'' defined.
191. ''Packer'' defined.
192. Unlawful practices enumerated.
193. Procedure before Secretary for violations.
(a) Complaint; hearing; intervention.
(b) Report and order; penalty.
(c) Amendment of report or order.
(d) Service of process.
194. Conclusiveness of order; appeal and review.
(a) Filing of petition; bond.
(b) Filing of record by Secretary.
(c) Temporary injunction.
(d) Evidence.
(e) Action by court.
(f) Additional evidence.
(g) Injunction.
(h) Finality.
195. Punishment for violation of order.
196. Statutory trust established; livestock.
(a) Protection of public interest from inadequate financing
arrangements.
(b) Livestock, inventories, receivables and proceeds held by packer
in trust for benefit of unpaid cash sellers; time limitations; exempt
packers; effect of dishonored instruments; preservation of trust
benefits by seller.
(c) Definition of cash sale.
197. Statutory trust established; poultry.
(a) Protection of public interest from inadequate financing
arrangements.
(b) Poultry, inventories, receivables and proceeds held by dealer in
trust for benefit of unpaid cash sellers or poultry growers.
(c) Effect of dishonored instruments.
(d) Preservation of trust benefit by seller or poultry grower.
(e) ''Cash sale'' defined.
201. ''Stockyard owner''; ''stockyard services''; ''market
agency''; ''dealer''; defined.
202. ''Stockyard'' defined; determination by Secretary as to
particular yard.
203. Activity as stockyard dealer or market agency; benefits to
business and welfare of stockyard; registration; penalty for failure
to register.
204. Bond and suspension of registrants.
205. General duty as to services; revocation of registration.
206. Rates and charges generally; discrimination.
207. Schedule of rates.
(a) Filing; public inspection.
(b) Detail required; form.
(c) Changes.
(d) Rejection by Secretary.
(e) Determination of lawfulness; hearing; suspension.
(f) Suspension of operations; compliance.
(g) Penalty.
(h) International violations; penalty.
208. Unreasonable or discriminatory practices generally; rights of
stockyard owner of management and regulation.
209. Liability to individuals for violations; enforcement
generally.
210. Proceedings before Secretary for violations.
(a) Complaint; response; satisfaction or investigation.
(b) Complaints forwarded by agencies of a State or Territory.
(c) Inquiries instituted by Secretary.
(d) Damage to complainant not required.
(e) Award and payment of damages.
(f) Enforcement of orders.
211. Order of Secretary as to charges or practices; prescribing
rates and practices generally.
212. Prescribing rates and practices to prevent discrimination
between intrastate and interstate commerce.
213. Prevention of unfair, discriminatory, or deceptive practices.
214. Effective date of orders.
215. Failure to obey orders; punishment.
216. Proceedings to enforce orders; injunction.
217. Proceedings for suspension of orders.
217a. Fees for inspection of brands or marks.
(a) Authorization by Secretary; registration as market agency.
(b) Applicability of section.
(c) Collection and payment of charges.
(d) Revocation of authorization or registration.
218 to 218d. Repealed.
221. Accounts and records of business; punishment for failure to
keep.
222. Federal Trade Commission powers adopted for enforcement of
chapter.
223. Responsibility of principal for act or omission of agent.
224. Attorney General to institute court proceedings for
enforcement.
225. Laws unaffected.
226. Powers of Interstate Commerce Commission unaffected.
227. Powers of Federal Trade Commission and Secretary of
Agriculture.
(a) Omitted.
(b) Jurisdiction of Federal Trade Commission.
(c) Limitation of Federal Trade Commission jurisdiction.
(d) Jurisdiction of Secretary of Agriculture except for poultry
products.
(e) Jurisdiction of Secretary of Agriculture regarding poultry
products.
(f) Information to be included in annual reports.
228. Authority of Secretary.
(a) Rules, regulations, and expenditures; appropriations.
(b) Separate enforcement unit within Department.
(c) Deductions from proceeds for financing promotional, educational,
and research activities.
(d) Budget estimate; testimony of Secretary before Congressional
committees.
(e) Development and promulgation of rules governing hearings.
(f) Definitions.
228a. Authority of Secretary to request temporary injunction or
restraining order.
228b. Prompt payment for purchase of livestock.
(a) Full amount of purchase price required; methods of payment.
(b) Waiver of prompt payment by written agreement; disclosure
requirements.
(c) Delay in payment or attempt to delay deemed unfair practice.
228b-1. Final date for making payment to cash seller or poultry
grower.
(a) Delivery of full amount due.
(b) Delay or attempt to delay collection of funds as ''unfair
practice''.
(c) ''Cash sale'' defined.
228b-2. Violations by live poultry dealers.
(a) Written complaint by Secretary; hearing; intervention; amended
complaint.
(b) Report on findings of fact by Secretary; cease and desist order;
assessment of civil penalty; action by Attorney General upon live
poultry dealer's failure to pay penalty.
(c) Amendment or setting aside of report or order.
(d) Service of complaints, orders, and other processes.
228b-3. Judicial review of order regarding live poultry dealer.
(a) Finality of order unless appeal to court of appeals; time limit;
bond.
(b) Notification of appeal to Secretary; filing of record with
court.
(c) Issuance of temporary injunction.
(d) Evidence in record as evidence in case; expedited proceedings.
(e) Action by court.
(f) Taking of additional evidence; modified or additional findings
by Secretary.
(g) Affirmance or modification of order as injunction.
(h) Exclusive jurisdiction of court of appeals; finality of decree;
appeal to Supreme Court; stay of decree.
228b-4. Violation of final order by live poultry dealer; penalty.
228c. Federal preemption of State and local requirements.
229. Separability.
231. Omitted.
Functions of Bureau of Animal Industry transferred to Secretary of
Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1, 1947, 12
F.R. 4534, 61 Stat 952. See note set out under section 391 of this
title.
By order of Secretary of Agriculture, Packers and Stockyards
Administration abolished on July 1, 1927, and enforcement of Packers and
Stockyards Act of 1921, which is classified to this chapter, was put
under control of chief of Bureau of Animal Industry.
07 USC SUBCHAPTER I -- GENERAL DEFINITIONS
TITLE 7 -- AGRICULTURE
07 USC 181. Short title
TITLE 7 -- AGRICULTURE
This chapter may be cited as the ''Packers and Stockyards Act,
1921.''
(Aug. 15, 1921, ch. 64, title I, 1, 42 Stat. 159.)
Pub. L. 100-173, 1, Nov. 23, 1987, 101 Stat. 917, provided that:
''This Act (enacting sections 197 and 228b-1 to 228b-4 of this title,
amending sections 182, 192, 209, 221, 223, 227, and 228a of this title,
repealing sections 218 to 218d of this title, and enacting provisions
set out as notes under sections 182 and 227 of this title) may be cited
as the 'Poultry Producers Financial Protection Act of 1987'.''
07 USC 182. Definitions
TITLE 7 -- AGRICULTURE
When used in this chapter --
(1) The term ''person'' includes individuals, partnerships,
corporations, and associations;
(2) The term ''Secretary'' means the Secretary of Agriculture;
(3) The term ''meat food products'' means all products and byproducts
of the slaughtering and meat-packing industry -- if edible;
(4) The term ''livestock'' means cattle, sheep, swine, horses, mules,
or goats -- whether live or dead;
(5) The term ''livestock products'' means all products and byproducts
(other than meats and meat food products) of the slaughtering and
meat-packing industry derived in whole or in part from livestock;
(6) The term ''poultry'' means chickens, turkeys, ducks, geese, and
other domestic fowl;
(7) The term ''poultry product'' means any product or byproduct of
the business of slaughtering poultry and processing poultry after
slaughter;
(8) The term ''poultry grower'' means any person engaged in the
business of raising and caring for live poultry for slaughter by
another, whether the poultry is owned by such person or by another, but
not an employee of the owner of such poultry;
(9) The term ''poultry growing arrangement'' means any growout
contract, marketing agreement, or other arrangement under which a
poultry grower raises and cares for live poultry for delivery, in accord
with another's instructions, for slaughter;
(10) The term ''live poultry dealer'' means any person engaged in the
business of obtaining live poultry by purchase or under a poultry
growing arrangement for the purpose of either slaughtering it or selling
it for slaughter by another, if poultry is obtained by such person in
commerce, or if poultry obtained by such person is sold or shipped in
commerce, or if poultry products from poultry obtained by such person
are sold or shipped in commerce; and
(11) The term ''commerce'' means commerce between any State,
Territory, or possession, or the District of Columbia, and any place
outside thereof; or between points within the same State, Territory, or
possession, or the District of Columbia, but through any place outside
thereof; or within any Territory or possession, or the District of
Columbia.
(Aug. 15, 1921, ch. 64, title I, 2(a), 42 Stat. 159; Sept. 13,
1976, Pub. L. 94-410, 3(c), 90 Stat. 1249; Nov. 23, 1987, Pub. L.
100-173, 2, 101 Stat. 917.)
Section is composed of subsec. (a) of section 2 of act Aug. 15,
1921. Subsec. (b) of section 2 is classified to section 183 of this
title.
1987 -- Pars. (6) to (11). Pub. L. 100-173 added pars. (6) to (10)
and redesignated former par. (6) as (11).
1976 -- Pars. (4), (5). Pub. L. 94-410 substituted ''livestock''
for ''live stock'' in par. (4) and for ''live-stock'' in par. (5).
Section 12 of Pub. L. 100-173 provided that: ''This Act and the
amendments made by this Act (enacting sections 197 and 228b-1 to 228b-4
of this title, amending this section and sections 192, 209, 221, 223,
227, and 228a of this title, repealing sections 218 to 218d of this
title, and enacting provisions set out as notes under sections 181 and
227 of this title) shall take effect 90 days after the date of the
enactment of this Act (Nov. 23, 1987).''
Section 10 of Pub. L. 94-410 provided that: ''Pending proceedings
shall not be abated by reason of any provision of this Act (enacting
sections 196 and 228a to 228c of this title and amending this section
and sections 183, 191-193, 201, 204, 207, 209, 210, 212, 213, 228, and
229 of this title), but shall be disposed of pursuant to the provisions
of the Packers and Stockyards Act, 1921, as amended (this chapter), and
the Act of July 12, 1943 (section 204 of this title), in effect
immediately prior to the effective date of this Act (Sept. 13, 1976).''
Dealer, see section 201 of this title.
Definition of commerce as not limited by definition of transaction in
commerce, see section 183 of this title.
Market agency, see section 201 of this title.
Packer, see section 191 of this title.
Stockyard, see section 202 of this title.
Stockyard owner, see section 201 of this title.
Stockyard services, see section 201 of this title.
title 31 section 3903.
07 USC 183. When transaction deemed in commerce; ''State'' defined
TITLE 7 -- AGRICULTURE
For the purpose of this chapter (but not in anywise limiting the
definition in section 182 of this title) a transaction in respect to any
article shall be considered to be in commerce if such article is part of
that current of commerce usual in the livestock and meat-packing
industries, whereby livestock, meats, meat food products, livestock
products, dairy products, poultry, poultry products, or eggs, are sent
from one State with the expectation that they will end their transit,
after purchase, in another, including, in addition to cases within the
above general description, all cases where purchase or sale is either
for shipment to another State, or for slaughter of livestock within the
State and the shipment outside the State of the products resulting from
such slaughter. Articles normally in such current of commerce shall not
be considered out of such current through resort being had to any means
or device intended to remove transactions in respect thereto from the
provisions of this chapter. For the purpose of this section the word
''State'' includes Territory, the District of Columbia, possession of
the United States, and foreign nation.
(Aug. 15, 1921, ch. 64, title I, 2(b), 42 Stat. 160; Sept. 13,
1976, Pub. L. 94-410, 3(c), 90 Stat. 1249.)
Section is composed of subsec. (b) of section 2 of act Aug. 15,
1921. Subsec. (a) of section 2 is classified to section 182 of this
title.
1976 -- Pub. L. 94-410 substituted ''livestock'' for ''live stock''
and ''live-stock'' wherever appearing.
07 USC SUBCHAPTER II -- PACKERS GENERALLY
TITLE 7 -- AGRICULTURE
07 USC 191. ''Packer'' defined
TITLE 7 -- AGRICULTURE
When used in this chapter the term ''packer'' means any person
engaged in the business (a) of buying livestock in commerce for purposes
of slaughter, or (b) of manufacturing or preparing meats or meat food
products for sale or shipment in commerce, or (c) of marketing meats,
meat food products, or livestock products in an unmanufactured form
acting as a wholesale broker, dealer, or distributor in commerce.
(Aug. 15, 1921, ch. 64, title II, 201, 42 Stat. 160; Sept. 13,
1976, Pub. L. 94-410, 2, 90 Stat. 1249.)
1976 -- Pub. L. 94-410 substituted definition of ''packer'' for
former definition which included provisions dealing with direct or
indirect control of specified businesses through stock ownership or
otherwise.
07 USC 192. Unlawful practices enumerated
TITLE 7 -- AGRICULTURE
It shall be unlawful for any packer with respect to livestock, meats,
meat food products, or livestock products in unmanufactured form, or for
any live poultry dealer with respect to live poultry, to:
(a) Engage in or use any unfair, unjustly discriminatory, or
deceptive practice or device; or
(b) Make or give any undue or unreasonable preference or advantage to
any particular person or locality in any respect whatsoever, or subject
any particular person or locality to any undue or unreasonable prejudice
or disadvantage in any respect whatsoever; or
(c) Sell or otherwise transfer to or for any other packer or any live
poultry dealer, or buy or otherwise receive from or for any other packer
or any live poultry dealer, any article for the purpose or with the
effect of apportioning the supply between any such persons, if such
apportionment has the tendency or effect of restraining commerce or of
creating a monopoly; or
(d) Sell or otherwise transfer to or for any other person, or buy or
otherwise receive from or for any other person, any article for the
purpose or with the effect of manipulating or controlling prices, or of
creating a monopoly in the acquisition of, buying, selling, or dealing
in, any article, or of restraining commerce; or
(e) Engage in any course of business or do any act for the purpose or
with the effect of manipulating or controlling prices, or of creating a
monopoly in the acquisition of, buying, selling, or dealing in, any
article, or of restraining commerce; or
(f) Conspire, combine, agree, or arrange with any other person (1) to
apportion territory for carrying on business, or (2) to apportion
purchases or sales of any article, or (3) to manipulate or control
prices; or
(g) Conspire, combine, agree, or arrange with any other person to do,
or aid or abet the doing of, any act made unlawful by subdivisions (a),
(b), (c), (d), or (e) of this section.
(Aug. 15, 1921, ch. 64, title II, 202, 42 Stat. 161; Aug. 15, 1921,
ch. 64, title V, 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649;
Sept. 2, 1958, Pub. L. 85-909, 1(1), 72 Stat. 1749; Sept. 13, 1976,
Pub. L. 94-410, 3(a), 90 Stat. 1249; Nov. 23, 1987, Pub. L. 100-173,
3, 101 Stat. 917; Dec. 13, 1991, Pub. L. 102-237, title X, 1008(1),
105 Stat. 1898.)
1991 -- Subsec. (c). Pub. L. 102-237 substituted a comma for period
after second reference to ''dealer''.
1987 -- Pub. L. 100-173, 3(1), substituted ''for any packer with
respect to livestock, meats, meat food products, or livestock products
in unmanufactured form, or for any live poultry dealer with respect to
live poultry, to'' for ''with respect to livestock, meats, meat food
products, livestock products in unmanufactured form, poultry, or poultry
products for any packer or any live poultry dealer or handler to'' in
introductory provisions.
Par. (c). Pub. L. 100-173, 3(2), struck out reference to poultry
handlers wherever appearing and substituted ''such persons'' for ''such
packers''.
1976 -- Pub. L. 94-410 struck out ''in commerce'' wherever
appearing.
1958 -- Pub. L. 85-909 inserted ''with respect to livestock, meats,
meat food products, livestock products in unmanufactured form, poultry,
or poultry products'' after ''unlawful''.
1935 -- Act Aug. 15, 1921, title V, 503, as added Aug. 14, 1935,
inserted ''or any live poultry dealer or handler'' after ''packer''
wherever appearing.
Amendment by Pub. L. 100-173 effective 90 days after Nov. 23, 1987,
see section 12 of Pub. L. 100-173, set out as a note under section 182
of this title.
07 USC 193. Procedure before Secretary for violations
TITLE 7 -- AGRICULTURE
(a) Complaint; hearing; intervention
Whenever the Secretary has reason to believe that any packer has
violated or is violating any provision of this subchapter, he shall
cause a complaint in writing to be served upon the packer, stating his
charges in that respect, and requiring the packer to attend and testify
at a hearing at a time and place designated therein, at least thirty
days after the service of such complaint; and at such time and place
there shall be afforded the packer a reasonable opportunity to be
informed as to the evidence introduced against him (including the right
of cross-examination), and to be heard in person or by counsel and
through witnesses, under such regulations as the Secretary may
prescribe. Any person for good cause shown may on application be
allowed by the Secretary to intervene in such proceeding, and appear in
person or by counsel. At any time prior to the close of the hearing the
Secretary may amend the complaint; but in case of any amendment adding
new charges the hearing shall, on the request of the packer, be
adjourned for a period not exceeding fifteen days.
(b) Report and order; penalty
If, after such hearing, the Secretary finds that the packer has
violated or is violating any provisions of this subchapter covered by
the charges, he shall make a report in writing in which he shall state
his findings as to the facts, and shall issue and cause to be served on
the packer an order requiring such packer to cease and desist from
continuing such violation. The testimony taken at the hearing shall be
reduced to writing and filed in the records of the Department of
Agriculture. The Secretary may also assess a civil penalty of not more
than $10,000 for each such violation. In determining the amount of the
civil penalty to be assessed under this section, the Secretary shall
consider the gravity of the offense, the size of the business involved,
and the effect of the penalty on the person's ability to continue in
business. If, after the lapse of the period allowed for appeal or after
the affirmance of such penalty, the person against whom the civil
penalty is assessed fails to pay such penalty, the Secretary may refer
the matter to the Attorney General who may recover such penalty by an
action in the appropriate district court of the United States.
(c) Amendment of report or order
Until the record in such hearing has been filed in a court of appeals
of the United States, as provided in section 194 of this title, the
Secretary at any time, upon such notice and in such manner as he deems
proper, but only after reasonable opportunity to the packer to be heard,
may amend or set aside the report or order, in whole or in part.
(d) Service of process
Complaints, orders, and other processes of the Secretary under this
section may be served in the same manner as provided in section 45 of
title 15.
(Aug. 15, 1921, ch. 64, title II, 203, 42 Stat. 161; June 25, 1948,
ch. 646, 32(a), 62 Stat. 991; May 24, 1949, ch. 139, 127, 63 Stat.
107; Aug. 28, 1958, Pub. L. 85-791, 6(a), 72 Stat. 944; Sept. 13,
1976, Pub. L. 94-410, 3(b), 90 Stat. 1249.)
1976 -- Subsec. (b). Pub. L. 94-410 inserted provisions dealing with
authority of Secretary to assess a civil penalty for violations and,
upon failure to pay, procedure for recovery of such penalty.
1958 -- Subsec. (c). Pub. L. 85-791 struck out ''a transcript of''
after ''until''.
Act June 25, 1948, as amended by act May 24, 1949, substituted
''court of appeals'' for ''circuit court of appeals''.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Enforcement by Secretary of Agriculture under this chapter, with
respect to activities subject to this chapter, of requirements imposed
under section 1601 et seq. of Title 15, Commerce and Trade, see section
1607 of Title 15.
Enforcement of orders by district courts, see section 2351 of Title
28, Judiciary and Judicial Procedure.
Finality of orders under this section, see section 194 of this title.
Punishment for violation of order, see section 195 of this title.
07 USC 194. Conclusiveness of order; appeal and review
TITLE 7 -- AGRICULTURE
(a) Filing of petition; bond
An order made under section 193 of this title shall be final and
conclusive unless within thirty days after service the packer appeals to
the court of appeals for the circuit in which he has his principal place
of business, by filing with the clerk of such court a written petition
praying that the Secretary's order be set aside or modified in the
manner stated in the petition, together with a bond in such sum as the
court may determine, conditioned that such packer will pay the costs of
the proceedings if the court so directs.
(b) Filing of record by Secretary
The clerk of the court shall immediately cause a copy of the petition
to be delivered to the Secretary, and the Secretary shall thereupon file
in the court the record in such proceedings, as provided in section 2112
of title 28. If before such record is filed the Secretary amends or
sets aside his report or order, in whole or in part, the petitioner may
amend the petition within such time as the court may determine, on
notice to the Secretary.
(c) Temporary injunction
At any time after such petition is filed, the court, on application
of the Secretary, may issue a temporary injunction, restraining, to the
extent it deems proper, the packer and his officers, directors, agents,
and employees, from violating any of the provisions of the order pending
the final determination of the appeal.
(d) Evidence
The evidence so taken or admitted, and filed as aforesaid as a part
of the record, shall be considered by the court as the evidence in the
case.
(e) Action by court
The court may affirm, modify, or set aside the order of the
Secretary.
(f) Additional evidence
If the court determines that the just and proper disposition of the
case requires the taking of additional evidence, the court shall order
the hearing to be reopened for the taking of such evidence, in such
manner and upon such terms and conditions as the court may deem proper.
The Secretary may modify his findings as to the facts, or make new
findings, by reason of the additional evidence so taken, and he shall
file such modified or new findings and his recommendations, if any, for
the modifications or setting aside of his order, with the return of such
additional evidence.
(g) Injunction
If the court of appeals affirms or modifies the order of the
Secretary, its decree shall operate as an injunction to restrain the
packer, and his officers, directors, agents, and employees from
violating the provisions of such order or such order as modified.
(h) Finality
The court of appeals shall have jurisdiction, which upon the filing
of the record with it shall be exclusive, to review, and to affirm, set
aside, or modify, such orders of the Secretary, and the decree of such
court shall be final except that it shall be subject to review by the
Supreme Court of the United States upon certiorari, as provided in
section 1254 of title 28, if such writ is duly applied for within sixty
days after entry of the decree. The issue of such writ shall not
operate as a stay of the decree of the court of appeals, insofar as such
decree operates as an injunction unless so ordered by the Supreme Court.
(Aug. 15, 1921, ch. 64, title II, 204, 42 Stat. 162; June 7, 1934,
ch. 426, 48 Stat. 926; June 25, 1948, ch. 646, 32(a), 62 Stat. 991;
May 24, 1949, ch. 139, 127, 63 Stat. 107; Aug. 28, 1958, Pub. L.
85-791, 6(b), (c), 72 Stat. 944; Nov. 8, 1984, Pub. L. 98-620, title
IV, 402(5), 98 Stat. 3357.)
Former subsec. (i), which extended the former term ''circuit court
of appeals'', in case the principal place of business of the packer is
in the District of Columbia, to the United States Court of Appeals for
the District of Columbia, for the purposes of sections 191 to 195 of
this title, was omitted from the Code as obsolete. The District of
Columbia is a judicial circuit under sections 41 and 43 of Title 28,
Judiciary and Judicial Procedure. See, also, Change of Name note below.
1984 -- Subsec. (d). Pub. L. 98-620 struck out provisions requiring
proceedings in such cases in the court of appeals to be made a preferred
cause and expedited in every way.
1958 -- Subsec. (b). Pub. L. 85-791 6(b), substituted ''thereupon
file in the court'' for ''forthwith prepare, certify, and file in the
court a full and accurate transcript of'', and ''as provided in section
2112 of Title 28'' for ''including the complaint, the evidence, and the
report and order'' in first sentence, and ''record'' for ''transcript''
in second sentence.
Subsec. (c). Pub. L. 85-791, 6(b), substituted ''petition'' for
''transcript''.
Subsec. (d). Pub. L. 85-791, 6(b), struck out ''duly certified''
after ''admitted''.
Subsec. (h). Pub. L. 85-791, 6(c), substituted ''jurisdiction, which
upon the finding of the record with it shall be exclusive,'' for
''exclusive jurisdiction,'' and section ''1254'' for ''347''.
Act June 25, 1948, eff. Sept. 1, 1948, as amended May 24, 1949,
substituted ''court of appeals'' for ''circuit court of appeals'',
wherever appearing.
Act of June 7, 1934, provided that Court of Appeals in District of
Columbia, should hereafter be known as the United States Court of
Appeals for the District of Columbia.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
Amending or setting aside report or order affecting packer prior to
filing of transcript of record in court of appeals, see section 193 of
this title.
Federal meat inspection labeling, marking, and container
requirements, provisions of section as applicable to appeals, see
section 606 of Title 21, Food and Drugs.
Injunction by courts of appeals restraining orders, see section 2349
of Title 28, Judiciary and Judicial Procedure.
Review of cases in courts of appeals by the Supreme Court, see
section 1254 of Title 28.
Review of orders by court of appeals, see section 2341 et seq. of
Title 28.
07 USC 195. Punishment for violation of order
TITLE 7 -- AGRICULTURE
Any packer, or any officer, director, agent, or employee of a packer,
who fails to obey any order of the Secretary issued under the provisions
of section 193 of this title, or such order as modified --
(1) After the expiration of the time allowed for filing a petition in
the court of appeals to set aside or modify such order, if no such
petition has been filed within such time; or
(2) After the expiration of the time allowed for applying for a writ
of certiorari, if such order, or such order as modified, has been
sustained by the court of appeals and no such writ has been applied for
within such time; or
(3) After such order, or such order as modified, has been sustained
by the courts as provided in section 194 of this title; shall on
conviction be fined not less than $500 nor more than $10,000, or
imprisoned for not less than six months nor more than five years, or
both. Each day during which such failure continues shall be deemed a
separate offense.
(Aug. 15, 1921, ch. 64, title II, 205, 42 Stat. 163; June 25, 1948,
ch. 646, 32(a), 62 Stat. 991; May 24, 1949, ch. 139, 127, 63 Stat.
107.)
Act June 25, 1948, as amended by act May 24, 1949, substituted
''court of appeals'' for ''circuit court of appeals'', wherever
appearing in this section.
07 USC 196. Statutory trust established; livestock
TITLE 7 -- AGRICULTURE
(a) Protection of public interest from inadequate financing
arrangements
It is hereby found that a burden on and obstruction to commerce in
livestock is caused by financing arrangements under which packers
encumber, give lenders security interest in, or place liens on,
livestock purchased by packers in cash sales, or on inventories of or
receivables or proceeds from meat, meat food products, or livestock
products therefrom, when payment is not made for the livestock and that
such arrangements are contrary to the public interest. This section is
intended to remedy such burden on and obstruction to commerce in
livestock and protect the public interest.
(b) Livestock, inventories, receivables and proceeds held by packer
in trust for benefit of unpaid cash sellers; time limitations; exempt
packers; effect of dishonored instruments; preservation of trust
benefits by seller
All livestock purchased by a packer in cash sales, and all
inventories of, or receivables or proceeds from meat, meat food
products, or livestock products derived therefrom, shall be held by such
packer in trust for the benefit of all unpaid cash sellers of such
livestock until full payment has been received by such unpaid sellers:
Provided, That any packer whose average annual purchases do not exceed
$500,000 will be exempt from the provisions of this section. Payment
shall not be considered to have been made if the seller receives a
payment instrument which is dishonored: Provided, That the unpaid
seller shall lose the benefit of such trust if, in the event that a
payment instrument has not been received, within thirty days of the
final date for making a payment under section 228b of this title, or
within fifteen business days after the seller has received notice that
the payment instrument promptly presented for payment has been
dishonored, the seller has not preserved his trust under this
subsection. The trust shall be preserved by giving written notice to
the packer and by filing such notice with the Secretary.
(c) Definition of cash sale
For the purpose of this section, a cash sale means a sale in which
the seller does not expressly extend credit to the buyer.
(Aug. 15, 1921, ch. 64, title II, 206, as added Sept. 13, 1976, Pub.
L. 94-410, 8, 90 Stat. 1251.)
07 USC 197. Statutory trust established; poultry
TITLE 7 -- AGRICULTURE
(a) Protection of public interest from inadequate financing
arrangements
It is hereby found that a burden on and obstruction to commerce in
poultry is caused by financing arrangements under which live poultry
dealers encumber, give lenders security interest in, or place liens on,
poultry obtained by such persons by purchase in cash sales or by poultry
growing arrangements, or on inventories of or receivables or proceeds
from such poultry or poultry products therefrom, when payment is not
made for the poultry and that such financing arrangements are contrary
to the public interest. This section is intended to remedy such burden
on and obstruction to commerce in poultry and protect the public
interest.
(b) Poultry, inventories, receivables and proceeds held by dealer in
trust for benefit of unpaid cash sellers or poultry growers
All poultry obtained by a live poultry dealer, by purchase in cash
sales or by poultry growing arrangement, and all inventories of, or
receivables or proceeds from such poultry or poultry products derived
therefrom, shall be held by such live poultry dealer in trust for the
benefit of all unpaid cash sellers or poultry growers of such poultry,
until full payment has been received by such unpaid cash sellers or
poultry growers, unless such live poultry dealer does not have average
annual sales of live poultry, or average annual value of live poultry
obtained by purchase or by poultry growing arrangement, in excess of
$100,000.
(c) Effect of dishonored instruments
Payment shall not be considered to have been made if the cash seller
or poultry grower receives a payment instrument which is dishonored.
(d) Preservation of trust benefit by seller or poultry grower
The unpaid cash seller or poultry grower shall lose the benefit of
such trust if, in the event that a payment instrument has not been
received, within 30 days of the final date for making payment under
section 228b-1 of this title, or within 15 business days after the
seller or poultry grower has received notice that the payment instrument
promptly presented for payment has been dishonored, the seller or
poultry grower has not preserved his trust under this section. The
trust shall be preserved by giving written notice to the live poultry
dealer and by filing such notice with the Secretary.
(e) ''Cash sale'' defined
For the purpose of this section, a cash sale means a sale in which
the seller does not expressly extend credit to the buyer.
(Aug. 15, 1921, ch. 64, title II, 207, as added Nov. 23, 1987, Pub.
L. 100-173, 4, 101 Stat. 918.)
Section effective 90 days after Nov. 23, 1987, see section 12 of
Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note
under section 182 of this title.
07 USC SUBCHAPTER III -- STOCKYARDS AND STOCKYARD DEALERS
TITLE 7 -- AGRICULTURE
07 USC 201. ''Stockyard owner''; ''stockyard services''; ''market
agency''; ''dealer''; defined
TITLE 7 -- AGRICULTURE
When used in this chapter --
(a) The term ''stockyard owner'' means any person engaged in the
business of conducting or operating a stockyard;
(b) The term ''stockyard services'' means services or facilities
furnished at a stockyard in connection with the receiving, buying, or
selling on a commission basis or otherwise, marketing, feeding,
watering, holding, delivery, shipment, weighing, or handling in
commerce, or livestock;
(c) The term ''market agency'' means any person engaged in the
business of (1) buying or selling in commerce livestock on a commission
basis or (2) furnishing stockyard services; and
(d) The term ''dealer'' means any person, not a market agency,
engaged in the business of buying or selling in commerce livestock,
either on his own account or as the employee or agent of the vendor or
purchaser.
(Aug. 15, 1921, ch. 64, title III, 301, 42 Stat. 163; Sept. 2,
1958, Pub. L. 85-909, 2(1), 72 Stat. 1750; Sept. 13, 1976, Pub. L.
94-410, 3(c), 90 Stat. 1249.)
1976 -- Subsecs. (b) to (d). Pub. L. 94-410 substituted
''livestock'' for ''live stock''.
1958 -- Subsecs. (c), (d). Pub. L. 85-909 struck out ''at a
stockyard'' after ''livestock''.
07 USC 202. ''Stockyard'' defined; determination by Secretary as to
particular yard
TITLE 7 -- AGRICULTURE
(a) When used in this subchapter the term ''stockyard'' means any
place, establishment, or facility commonly known as stockyards,
conducted, operated, or managed for profit or nonprofit as a public
market for livestock producers, feeders, market agencies, and buyers,
consisting of pens, or other inclosures, and their appurtenances, in
which live cattle, sheep, swine, horses, mules, or goats are received,
held, or kept for sale or shipment in commerce.
(b) The Secretary shall from time to time ascertain, after such
inquiry as he deems necessary, the stockyards which come within the
foregoing definition, and shall give notice thereof to the stockyard
owners concerned, and give public notice thereof by posting copies of
such notice in the stockyard, and in such other manner as he may
determine. After the giving of such notice to the stockyard owner and
to the public, the stockyard shall remain subject to the provisions of
this subchapter until like notice is given by the Secretary that such
stockyard no longer comes within the foregoing definition.
(Aug. 15, 1921, ch. 64, title III, 302, 42 Stat. 163; Sept. 2,
1958, Pub. L. 85-909, 2(2), 72 Stat. 1750; July 31, 1968, Pub. L.
90-446, 1(a), 82 Stat. 474.)
1968 -- Subsec. (a). Pub. L. 90-446 substituted ''operated, or
managed for profit or nonprofit as a public market for livestock
producers, feeders, market agencies, and buyers'' for ''or operated for
compensation or profit as a public market''.
1958 -- Subsec. (a). Pub. L. 85-909 struck out ''Said sections shall
not apply to a stockyard of which the area normally available for
handling livestock, exclusive of runs, alleys, or passage ways, is less
than twenty thousand square feet.''
Section 2(2) of Pub. L. 85-909 provided in part: ''That nothing
herein (this section) shall be deemed as a definition of the term
'public stockyards' as used in section 15(5) of the Interstate Commerce
Act (49 U.S.C. 10748).''
07 USC 203. Activity as stockyard dealer or market agency; benefits
to business and welfare of stockyard; registration; penalty for
failure to register
TITLE 7 -- AGRICULTURE
After the expiration of thirty days after the Secretary has given
public notice that any stockyard is within the definition of section 202
of this title, by posting copies of such notice in the stockyard, no
person shall carry on the business of a market agency or dealer at such
stockyard unless (1) the stockyard owner has determined that his
services will be beneficial to the business and welfare of said
stockyard, its patrons, and customers, which determination shall be made
on a basis which is not unreasonable or unjustly discriminatory, and has
given written authorization to such person, and (2) he has registered
with the Secretary, under such rules and regulations as the Secretary
may prescribe, his name and address, the character of business in which
he is engaged, and the kinds of stockyards services, if any, which he
furnishes at such stockyard. Every other person operating as a market
agency or dealer as defined in section 201 of this title may be required
to register in such manner as the Secretary may prescribe. Whoever
violates the provisions of this section shall be liable to a penalty of
not more than $500 for each such offense and not more than $25 for each
day it continues, which shall accrue to the United States and may be
recovered in a civil action brought by the United States.
(Aug. 15, 1921, ch. 64, title III, 303, 42 Stat. 163; Sept. 2,
1958, Pub. L. 85-909, 2(3), 72 Stat. 1750; July 31, 1968, Pub. L.
90-446, 1(b), 82 Stat. 474.)
1968 -- Pub. L. 90-446 designated existing provisions as cl. (2)
and added cl. (1).
1958 -- Pub. L. 85-909 inserted ''Every other person operating as a
market agency or dealer as defined in section 201 of this title may be
required to register in such manner as the Secretary may prescribe.''
One form of action, see rule 2, Title 28, Appendix, Judiciary and
Judicial Procedure.
Jurisdiction of district of action for penalty, see section 1355 of
Title 28, Judiciary and Judicial Procedure.
07 USC 204. Bond and suspension of registrants
TITLE 7 -- AGRICULTURE
On and after July 12, 1943, the Secretary may require reasonable
bonds from every market agency (as defined in this subchapter), every
packer (as defined in subchapter II of this chapter) in connection with
its livestock purchasing operations (except that those packers whose
average annual purchases do not exceed $500,000 will be exempt from the
provisions of this paragraph), and every other person operating as a
dealer (as defined in this subchapter) under such rules and regulations
as he may prescribe, to secure the performance of their obligations, and
whenever, after due notice and hearing, the Secretary finds any
registrant is insolvent or has violated any provisions of this chapter
he may issue an order suspending such registrant for a reasonable
specified period. Such order of suspension shall take effect within not
less than five days, unless suspended or modified or set aside by the
Secretary or a court of competent jurisdiction. If the Secretary finds
any packer is insolvent, he may after notice and hearing issue an order
under the provisions of section 193 of this title requiring such packer
to cease and desist from purchasing livestock while insolvent, or while
insolvent purchasing livestock except under such conditions as the
Secretary may prescribe to effectuate the purposes of this chapter.
(July 12, 1943, ch. 215, 57 Stat. 422; Sept. 13, 1976, Pub. L.
94-410, 1, 4, 90 Stat. 1249.)
Section was enacted as part of the Department of Agriculture
Appropriation Act, 1944, act July 12, 1943, and not as part of the
Packers and Stockyards Act which comprises this chapter.
1976 -- Pub. L. 94-410 inserted provisions exempting market agencies
and packers whose average annual purchases do not exceed $500,000 from
bonding requirement and authorizing Secretary, after notice and hearing,
to issue cease and desist orders to insolvent packers prohibiting the
purchase of livestock except under conditions prescribed by Secretary,
respectively.
Similar provisions were contained in the following prior
appropriation acts:
July 22, 1942, ch. 516, 56 Stat. 689.
July 1, 1941, ch. 267, 55 Stat. 432.
June 25, 1940, ch. 421, 54 Stat. 557.
June 30, 1939, ch. 253, title I, 53 Stat. 970.
June 16, 1938, ch. 464, title I, 52 Stat. 721.
June 29, 1937, ch. 404, 50 Stat. 406.
June 4, 1936, ch. 489, 49 Stat. 1432.
May 17, 1935, ch. 131, title I, 49 Stat. 257.
Mar. 26, 1934, ch. 89, 48 Stat. 477.
Mar. 3, 1933, ch. 203, 47 Stat. 1441.
July 7, 1932, ch. 443, 47 Stat. 620.
Feb. 23, 1931, ch. 278, 46 Stat. 1252.
May 27, 1930, ch. 341, 46 Stat. 402.
Feb. 16, 1929, ch. 227, 45 Stat. 1198.
May 16, 1928, ch. 572, 45 Stat. 547.
Jan. 18, 1927, ch. 39, 44 Stat. 1002.
May 11, 1926, ch. 286, 44 Stat. 527.
Feb. 10, 1925, ch. 200, 43 Stat. 851.
June 5, 1924, ch. 266, 43 Stat. 460.
07 USC 205. General duty as to services; revocation of registration
TITLE 7 -- AGRICULTURE
All stockyard services furnished pursuant to reasonable request made
to a stockyard owner or market agency at such stockyard shall be
reasonable and nondiscriminatory and stockyard services which are
furnished shall not be refused on any basis that is unreasonable or
unjustly discriminatory: Provided, That in any State where the weighing
of livestock at a stockyard is conducted by a duly authorized department
or agency of the State, the Secretary, upon application of such
department or agency, may register it as a market agency for the
weighing of livestock received in such stockyard, and upon such
registration such department or agency and the members thereof shall be
amenable to all the requirements of this chapter, and upon failure of
such department or agency or the members thereof to comply with the
orders of the Secretary under this chapter he is authorized to revoke
the registration of such department or agency and to enforce such
revocation as provided in section 216 of this title.
(Aug. 15, 1921, ch. 64, title III, 304, 42 Stat. 164; May 5, 1926,
ch. 240, 44 Stat. 397; July 31, 1968, Pub. L. 90-446, 1(c), 82 Stat.
474.)
1968 -- Pub. L. 90-446 inserted provision requiring that stockyard
services which are furnished not be refused on any basis that is
unreasonable or unjustly discriminatory.
1926 -- Act May 5, 1926, inserted proviso.
07 USC 206. Rates and charges generally; discrimination
TITLE 7 -- AGRICULTURE
All rates or charges made for any stockyard services furnished at a
stockyard by a stockyard owner or market agency shall be just,
reasonable, and nondiscriminatory, and any unjust, unreasonable, or
discriminatory rate or charge is prohibited and declared to be unlawful:
Provided, That rates and charges based upon percentages of the gross
sales prices of livestock shall not be prohibited merely because they
are based upon such percentages rather than on a per head basis.
(Aug. 15, 1921, ch. 64, title III, 305, 42 Stat. 164; Oct. 2, 1978,
Pub. L. 95-409, 1(a), 92 Stat. 886.)
1978 -- Pub. L. 95-409 inserted proviso that rates and charges based
upon percentages of gross sales of livestock shall not be prohibited
merely because based on such percentages rather than on a per head
basis.
07 USC 207. Schedule of rates
TITLE 7 -- AGRICULTURE
(a) Filing; public inspection
Within sixty days after the Secretary has given public notice that a
stockyard is within the definition of section 202 of this title, by
posting copies of such notice in the stockyard, the stockyard owner and
every market agency at such stockyard shall file with the Secretary, and
print and keep open to public inspection at the stockyard, schedules
showing all rates and charges for the stockyard services furnished by
such person at such stockyard. If a market agency commences business at
the stockyard after the expiration of such sixty days such schedules
must be filed before any stockyard services are furnished.
(b) Detail required; form
Such schedules shall plainly state all such rates and charges in such
detail as the Secretary may require, and shall also state any rules or
regulations which in any manner change, affect, or determine any part or
the aggregate of such rates or charges, or the value of the stockyard
services furnished. The Secretary may determine and prescribe the form
and manner in which such schedules shall be prepared, arranged, and
posted, and may from time to time make such changes in respect thereto
as may be found expedient.
(c) Changes
No changes shall be made in the rates or charges so filed and
published, except after ten days' notice to the Secretary and to the
public filed and published as aforesaid, which shall plainly state the
changes proposed to be made and the time such changes will go into
effect; but the Secretary may, for good cause shown, allow changes on
less than ten days' notice, or modify the requirements of this section
in respect to publishing, posting, and filing of schedules, either in
particular instances or by a general order applicable to special or
peculiar circumstances or conditions.
(d) Rejection by Secretary
The Secretary may reject and refuse to file any schedule tendered for
filing which does not provide and give lawful notice of its effective
date, and any schedule so rejected by the Secretary shall be void and
its use shall be unlawful.
(e) Determination of lawfulness; hearing; suspension
Whenever there is filed with the Secretary any schedule, stating a
new rate or charge, or a new regulation or practice affecting any rate
or charge, the Secretary may either upon complaint or upon his own
initiative without complaint, at once, and if he so orders without
answer or other formal pleading by the person filing such schedule, but
upon reasonable notice, enter upon a hearing concerning the lawfulness
of such rate, charge, regulation, or practice, and pending such hearing
and decision thereon the Secretary, upon filing with such schedule and
delivering to the person filing it a statement in writing of his reasons
for such suspension, may suspend the operation of such schedule and
defer the use of such rate, charge, regulation, or practice, but not for
a longer period than thirty days beyond the time when it would otherwise
go into effect; and after full hearing, whether completed before or
after the rate, charge, regulation, or practice goes into effect, the
Secretary may make such order with reference thereto as would be proper
in a proceeding initiated after it had become effective. If any such
hearing cannot be concluded within the period of suspension the
Secretary may extend the time of suspension for a further period not
exceeding thirty days, and if the proceeding has not been concluded and
an order made at the expiration of such thirty days, the proposed change
of rate, charge, regulation, or practice shall go into effect at the end
of such period.
(f) Suspension of operations; compliance
After the expiration of the sixty days referred to in subsection (a)
of this section, no person shall carry on the business of a stockyard
owner or market agency unless the rates and charges for the stockyard
services furnished at the stockyard have been filed and published in
accordance with this section and the orders of the Secretary made
thereunder; nor charge, demand, or collect a greater or less or
different compensation for such services than the rates and charges
specified in the schedules filed and in effect at the time; nor refund
or remit in any manner any portion of the rates or charges so specified
(but this shall not prohibit a cooperative association of producers from
bona fide returning to its members, on a patronage basis, its excess
earnings on their livestock, subject to such regulations as the
Secretary may prescribe); nor extend to any person at such stockyard
any stockyard services except such as are specified in such schedules.
(g) Penalty
Whoever fails to comply with the provisions of this section or of any
regulation or order of the Secretary made thereunder shall be liable to
a penalty of not more than $500 for each such offense, and not more than
$25 for each day it continues, which shall accrue to the United States
and may be recovered in a civil action brought by the United States.
(h) Intentional violations; penalty
Whoever willfully fails to comply with the provisions of this section
or of any regulation or order of the Secretary made thereunder shall on
conviction be fined not more than $1,000, or imprisoned not more than
one year, or both.
(Aug. 15, 1921, ch. 64, title III, 306, 42 Stat. 164; Sept. 13,
1976, Pub. L. 94-410, 3(c), 90 Stat. 1249.)
1976 -- Subsec. (f). Pub. L. 94-410 substituted ''livestock'' for
''live stock'' after ''earnings on their''.
One form of action, see rule 2, Title 28, Appendix, Judiciary and
Judicial Procedure.
Application to certain licensees, see section 218c of this title.
Jurisdiction of district court of action for penalty, see section
1355 of Title 28, Judiciary and Judicial Procedure.
07 USC 208. Unreasonable or discriminatory practices generally;
rights of stockyard owner of management and regulation
TITLE 7 -- AGRICULTURE
(a) It shall be the duty of every stockyard owner and market agency
to establish, observe, and enforce just, reasonable, and
nondiscriminatory regulations and practices in respect to the furnishing
of stockyard services, and every unjust, unreasonable, or discriminatory
regulation or practice is prohibited and declared to be unlawful.
(b) It shall be the responsibility and right of every stockyard owner
to manage and regulate his stockyard in a just, reasonable, and
nondiscriminatory manner, to prescribe rules and regulations and to
require those persons engaging in or attempting to engage in the
purchase, sale, or solicitation of livestock at such stockyard to
conduct their operations in a manner which will foster, preserve, or
insure an efficient, competitive public market. Such rules and
regulations shall not prevent a registered market agency or dealer from
rendering service on other markets or in occasional and incidental
off-market transactions.
(Aug. 15, 1921, ch. 64, title III, 307, 42 Stat. 165; July 31,
1968, Pub. L. 90-446, 1(d), 82 Stat. 475.)
1968 -- Pub. L. 90-446 designated existing provisions as subsec.
(a) and added subsec. (b).
07 USC 209. Liability to individuals for violations; enforcement
generally
TITLE 7 -- AGRICULTURE
(a) If any person subject to this chapter violates any of the
provisions of this chapter, or of any order of the Secretary under this
chapter, relating to the purchase, sale, or handling of livestock, the
purchase or sale of poultry, or relating to any poultry growing
arrangement, he shall be liable to the person or persons injured thereby
for the full amount of damages sustained in consequence of such
violation.
(b) Such liability may be enforced either (1) by complaint to the
Secretary as provided in section 210 of this title, or (2) by suit in
any district court of the United States of competent jurisdiction; but
this section shall not in any way abridge or alter the remedies now
existing at common law or by statute, but the provisions of this chapter
are in addition to such remedies.
(Aug. 15, 1921, ch. 64, title III, 308, 42 Stat. 165; Sept. 13,
1976, Pub. L. 94-410, 6, 90 Stat. 1250; Nov. 23, 1987, Pub. L.
100-173, 5, 101 Stat. 918.)
1987 -- Subsec. (a). Pub. L. 100-173 inserted ''the purchase or sale
of poultry, or relating to any poultry growing arrangement,'' after
''livestock,''.
1976 -- Subsec. (a). Pub. L. 94-410 struck out references to
violations of specific sections and added packers to categories of
regulated persons against whom private action could be brought for
violation of chapter.
Amendment by Pub. L. 100-173 effective 90 days after Nov. 23, 1987,
see section 12 of Pub. L. 100-173, set out as a note under section 182
of this title.
Application to certain licensees, see section 218c of this title.
07 USC 210. Proceedings before Secretary for violations
TITLE 7 -- AGRICULTURE
(a) Complaint; response; satisfaction or investigation
Any person complaining of anything done or omitted to be done by any
stockyard owner, market agency, or dealer (hereinafter in this section
referred to as the ''defendant'') in violation of the provisions of this
subchapter, or of an order of the Secretary made under this subchapter,
may, at any time within ninety days after the cause of action accrues,
apply to the Secretary by petition which shall briefly state the facts,
whereupon the complaint thus made shall be forwarded by the Secretary to
the defendant, who shall be called upon to satisfy the complaint, or to
answer it in writing, within a reasonable time to be specified by the
Secretary. If the defendant within the time specified makes reparation
for the injury alleged to be done he shall be relieved of liability to
the complainant only for the particular violation thus complained of.
If the defendant does not satisfy the complaint within the time
specified, or there appears to be any reasonable ground for
investigating the complaint, it shall be the duty of the Secretary to
investigate the matters complained of in such manner and by such means
as he deems proper.
(b) Complaints forwarded by agencies of a State or Territory
The Secretary, at the request of the livestock commissioner, board of
agriculture, or other agency of a State or Territory, having
jurisdiction over stockyards in such State or Territory, shall
investigate any complaint forwarded by such agency in like manner and
with the same authority and powers as in the case of a complaint made
under subsection (a) of this section.
(c) Inquiries instituted by Secretary
The Secretary may at any time institute an inquiry on his own motion,
in any case and as to any matter or thing concerning which a complaint
is authorized to be made to or before the Secretary, by any provision of
this subchapter, or concerning which any question may arise under any of
the provisions of this subchapter, or relating to the enforcement of any
of the provisions of this subchapter. The Secretary shall have the same
power and authority to proceed with any inquiry instituted upon his own
motion as though he had been appealed to by petition, including the
power to make and enforce any order or orders in the case or relating to
the matter or thing concerning which the inquiry is had, except orders
for the payment of money.
(d) Damage to complainant not required
No complaint shall at any time be dismissed because of the absence of
direct damage to the complainant.
(e) Award and payment of damages
If after hearing on a complaint the Secretary determines that the
complainant is entitled to an award of damages, the Secretary shall make
an order directing the defendant to pay to the complainant the sum to
which he is entitled on or before a day named.
(f) Enforcement of orders
If the defendant does not comply with an order for the payment of
money within the time limit in such order, the complainant, or any
person for whose benefit such order was made, may within one year of the
date of the order file in the district court of the United States for
the district in which he resides or in which is located the principal
place of business of the defendant or in any State court having general
jurisdiction of the parties, a petition setting forth briefly the causes
for which he claims damages, and the order of the Secretary in the
premises. Such suit in the district court shall proceed in all respects
like other civil suits for damages except that the findings and orders
of the Secretary shall be prima facie evidence of the facts therein
stated, and the petitioner shall not be liable for costs in the district
court nor for costs at any subsequent stage of the proceedings unless
they accrue upon his appeal. If the petitioner finally prevails, he
shall be allowed a reasonable attorney's fee to be taxed and collected
as a part of the costs of the suit.
(Aug. 15, 1921, ch. 64, title III, 309, 42 Stat. 165; Sept. 13,
1976, Pub. L. 94-410, 3(c), 90 Stat. 1249.)
1976 -- Subsec. (b). Pub. L. 94-410 substituted ''livestock'' for
''live-stock'' after ''request of the''.
Costs, application of Rules of Civil Procedure, see rule 54, Title
28, Appendix, Judiciary and Judicial Procedure.
Court of appeals exclusive jurisdiction respecting final orders of
Secretary of Agriculture under this chapter, except orders issued under
subsec. (e) of this section and section 217a of this title, see section
2342 of Title 28, Judiciary and Judicial Procedure.
Enforcement by Secretary of Agriculture under this chapter, with
respect to activities subject to this chapter, of requirements imposed
under section 1601 et seq. of Title 15, Commerce and Trade, see section
1607 of Title 15.
Enforcement of liability to individuals for violations, by complaint
to Secretary as provided in this section, see section 209 of this title.
07 USC 211. Order of Secretary as to charges or practices;
prescribing rates and practices generally
TITLE 7 -- AGRICULTURE
Whenever after full hearing upon a complaint made as provided in
section 210 of this title, or after full hearing under an order for
investigation and hearing made by the Secretary on his own initiative,
either in extension of any pending complaint or without any complaint
whatever, the Secretary is of the opinion that any rate, charge,
regulation, or practice of a stockyard owner or market agency, for or in
connection with the furnishing of stockyard services, is or will be
violative of section 205, 206, or 208 of this title, the Secretary --
(a) May in accordance with the standard set forth in section 206 of
this title determine and prescribe what will be the rate or charge, or
rates or charges, to be thereafter in such case observed as the maximum
or minimum or both to be charged, and what regulation or practice is or
will be just, reasonable, and nondiscriminatory to be thereafter
followed: Provided, That the Secretary shall prescribe the rate or
charge, or rates or charges, on a percentage or per head basis at the
election of the stockyard owner or market agency, or on any other basis
elected by the stockyard owner or market agency unless the Secretary
finds such other basis to be violative of section 206 of this title;
and
(b) May make an order that such owner or operator (1) shall cease and
desist from such violation to the extent to which the Secretary finds
that it does or will exist; (2) shall not thereafter publish, demand,
or collect any rate or charge for the furnishing of stockyard services
other than the rate or charge or rates or charges so prescribed; and
(3) shall conform to and observe the regulation or practice so
prescribed.
(Aug. 15, 1921, ch. 64, title III, 310, 42 Stat. 166; Aug. 10,
1939, ch. 663, 53 Stat. 1351; Oct. 2, 1978, Pub. L. 95-409, 1(b), 92
Stat. 886.)
1978 -- Pub. L. 95-409, 1(b)(1), in provision preceding subsec.
(a), substituted ''violative of section 205, 206 or 208 of this title''
for ''unjust, unreasonable, or discriminatory''.
Subsec. (a). Pub. L. 95-409, 1(b)(2), substituted ''May in
accordance with the standard set forth in section 206 of this title
determine and prescribe what will be the rate'' for ''May determine and
prescribe what will be the just and reasonable rate'', and ''as the
maximum or minimum or both'' for ''as both the maximum and minimum'',
and inserted proviso relating to prescription by the Secretary of rates
or charges on a percentage or per head basis at the election of the
owner or agency or any other basis unless violative of section 206 of
this title.
Subsec. (b). Pub. L. 95-409, 1(b)(3), substituted ''other than the
rate or charge or rates or charges'' for ''more or less than the rate or
charge''.
1939 -- Subsec. (a). Act Aug. 10, 1939, substituted ''as both'' for
''or the''.
Subsec. (b)(2). Act Aug. 10, 1939, substituted ''more or less than
the rate or charge so prescribed'' for ''other than the rate or charge
so prescribed, or in excess of the maximum or less than the minimum so
prescribed, as the case may be''.
07 USC 212. Prescribing rates and practices to prevent discrimination
between intrastate and interstate commerce
TITLE 7 -- AGRICULTURE
Whenever in any investigation under the provisions of this
subchapter, or in any investigation instituted by petition of the
stockyard owner, market agency, or dealer concerned, which petition is
authorized to be filed, the Secretary after full hearing finds that any
rate, charge, regulation, or practice of any stockyard owner, market
agency, or dealer, for or in connection with the buying or selling on a
commission basis or otherwise, receiving, marketing, feeding, holding,
delivery, shipment, weighing, or handling, not in commerce, of
livestock, causes any undue or unreasonable advantage, prejudice, or
preference as between persons or localities in intrastate commerce in
livestock on the one hand and interstate or foreign commerce in
livestock on the other hand, or any undue, unjust, or unreasonable
discrimination against interstate or foreign commerce in livestock,
which is hereby forbidden and declared to be unlawful, the Secretary
shall prescribe the rate, charge, regulation, or practice thereafter to
be observed, in such manner as, in his judgment, will remove such
advantage, preference, or discrimination. Such rates, charges,
regulations, or practices shall be observed while in effect by the
stockyard owners, market agencies, or dealers parties to such proceeding
affected thereby, the law of any State or the decision or order of any
State authority to the contrary notwithstanding.
(Aug. 15, 1921, ch. 64, title III, 311, 42 Stat. 167; Sept. 2,
1958, Pub. L. 85-909, 2(4), 72 Stat. 1750; Sept. 13, 1976, Pub. L.
94-410, 3(c), 90 Stat. 1249.)
1976 -- Pub. L. 94-410 substituted ''livestock'' for ''live stock''
wherever appearing.
1958 -- Pub. L. 85-909 substituted ''stockyard owner, market agency,
or dealer'' for ''stockyard owner or market agency'' wherever occurring,
and ''stockyard owners, market agencies, or dealers'' for ''stockyard
owners or market agencies''.
07 USC 213. Prevention of unfair, discriminatory, or deceptive
practices
TITLE 7 -- AGRICULTURE
(a) It shall be unlawful for any stockyard owner, market agency, or
dealer to engage in or use any unfair, unjustly discriminatory, or
deceptive practice or device in connection with determining whether
persons should be authorized to operate at the stockyards, or with the
receiving, marketing, buying, or selling on a commission basis or
otherwise, feeding, watering, holding, delivery, shipment, weighing, or
handling of livestock.
(b) Whenever complaint is made to the Secretary by any person, or
whenever the Secretary has reason to believe, that any stockyard owner,
market agency, or dealer is violating the provisions of subsection (a)
of this section, the Secretary after notice and full hearing may make an
order that he shall cease and desist from continuing such violation to
the extent that the Secretary finds that it does or will exist. The
Secretary may also assess a civil penalty of not more than $10,000 for
each such violation. In determining the amount of the civil penalty to
be assessed under this section, the Secretary shall consider the gravity
of the offense, the size of the business involved, and the effect of the
penalty on the person's ability to continue in business. If, after the
lapse of the period allowed for appeal or after the affirmance of such
penalty, the person against whom the civil penalty is assessed fails to
pay such penalty, the Secretary may refer the matter to the Attorney
General who may recover such penalty by an action in the appropriate
district court of the United States.
(Aug. 15, 1921, ch. 64, title III, 312, 42 Stat. 167; Sept. 2,
1958, Pub. L. 85-909, 2(5), 72 Stat. 1750; July 31, 1968, Pub. L.
90-446, 1(e), 82 Stat. 475; Sept. 13, 1976, Pub. L. 94-410, 3, 90
Stat. 1249.)
1976 -- Subsec. (a). Pub. L. 94-410, 3(a), (c), struck out ''in
commerce'' after ''or handling'' and substituted ''livestock'' for
''live stock''.
Subsec. (b). Pub. L. 94-410, 3(b), inserted provisions dealing with
authority of Secretary to assess a civil penalty for violations and,
upon failure to pay, procedure for recovery of such penalty.
1968 -- Subsec. (a). Pub. L. 90-446 inserted ''determining whether
persons should be authorized to operate at stockyards, or with'' after
''in connection with''.
1958 -- Subsec. (a). Pub. L. 85-909 struck out ''at a stockyard''
after ''in commerce''.
07 USC 214. Effective date of orders
TITLE 7 -- AGRICULTURE
Except as otherwise provided in this chapter all orders of the
Secretary under this subchapter, other than orders for the payment of
money, shall take effect within such reasonable time, not less than five
days, as is prescribed in the order, and shall continue in force until
his further order, or for a specified period of time, according as is
prescribed in the order, unless such order is suspended or modified or
set aside by the Secretary or is suspended or set aside by a court of
competent jurisdiction.
(Aug. 15, 1921, ch. 64, title III, 313, 42 Stat. 167.)
07 USC 215. Failure to obey orders; punishment
TITLE 7 -- AGRICULTURE
(a) Any stockyard owner, market agency, or dealer who knowingly fails
to obey any order made under the provisions of sections 211, 212, or 213
of this title shall forfeit to the United States the sum of $500 for
each offense. Each distinct violation shall be a separate offense, and
in case of a continuing violation each day shall be deemed a separate
offense. Such forfeiture shall be recoverable in a civil suit in the
name of the United States.
(b) It shall be the duty of the various United States attorneys,
under the direction of the Attorney General, to prosecute for the
recovery of forfeitures. The costs and expense of such prosecution
shall be paid out of the appropriation for the expenses of the courts of
the United States.
(Aug. 15, 1921, ch. 64, title III, 314, 42 Stat. 167; June 25,
1948, ch. 646, 1, 62 Stat. 909.)
Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United States
attorneys'' for ''district attorneys'' in subsec. (a). See section 541
of Title 28, Judiciary and Judicial Procedure, and Historical and
Revision Notes thereunder.
Jurisdiction of district courts of actions for recovery of
forfeitures, see section 1355 of Title 28, Judiciary and Judicial
Procedure.
07 USC 216. Proceedings to enforce orders; injunction
TITLE 7 -- AGRICULTURE
If any stockyard owner, market agency, or dealer fails to obey any
order of the Secretary other than for the payment of money while the
same is in effect, the Secretary, or any party injured thereby, or the
United States by its Attorney General, may apply to the district court
for the district in which such person has his principal place of
business for the enforcement of such order. If after hearing the court
determines that the order was lawfully made and duly served and that
such person is in disobedience of the same, the court shall enforce
obedience to such order by a writ of injunction or other proper process,
mandatory or otherwise, to restrain such person, his officers, agents,
or representatives from further disobedience of such order or to enjoin
upon him or them obedience to the same.
(Aug. 15, 1921, ch. 64, title III, 315, 42 Stat. 167.)
Continuation of section under rule 65, see note by Advisory Committee
under rule 65, Title 28, Appendix, Judiciary and Judicial Procedure.
Injunctions, see rule 65.
Enforcement and review of Interstate Commerce Commission orders, see
section 2321 et seq. of Title 28, Judiciary and Judicial Procedure.
Revocation of registration as market agency of department or agency
of the State, enforcement as provided in this section, see section 205
of this title.
07 USC 217. Proceedings for suspension of orders
TITLE 7 -- AGRICULTURE
For the purposes of this subchapter, the provisions of all laws
relating to the suspending or restraining the enforcement, operation, or
execution of, or the setting aside in whole or in part the orders of the
Interstate Commerce Commission, are made applicable to the jurisdiction,
powers, and duties of the Secretary in enforcing the provisions of this
subchapter, and to any person subject to the provisions of this
subchapter.
(Aug. 15, 1921, ch. 64, title III, 316, 42 Stat. 168.)
Continuation of section under rule 65, see note by Advisory Committee
under rule 65, Title 28, Appendix, Judiciary and Judicial Procedure.
Process, stay of proceedings to enforce judgment and injunctions, see
rules 4, 62, 65.
Exclusive jurisdiction of courts of appeals to enjoin and set aside
final orders of Secretary of Agriculture under this chapter, see section
2342 of Title 28, Judiciary and Judicial Procedure.
Jurisdiction of district courts to enjoin and set aside orders of
Interstate Commerce Commission, see section 1336 of Title 28.
Procedure for enforcement and review of orders of Interstate Commerce
Commission, see section 2321 et seq. of Title 28.
07 USC 217a. Fees for inspection of brands or marks
TITLE 7 -- AGRICULTURE
(a) Authorization by Secretary; registration as market agency
The Secretary may, upon written application made to him, and if he
deems it necessary, authorize the charging and collection, at any
stockyard subject to the provisions of this chapter, by any department
or agency of any State in which branding or marking or both branding and
marking livestock as a means of establishing ownership prevails by
custom or statute, or by a duly organized livestock association of any
such State, of a reasonable and nondiscriminatory fee for the inspection
of brands, marks, and other identifying characteristics of livestock
originating in or shipped from such State, for the purpose of
determining the ownership of such livestock. No charge shall be made
under any such authorization until the authorized department, agency, or
association has registered as a market agency. No more than one such
authorization shall be issued with respect to such inspection of
livestock originating in or shipped from any one State. If more than
one such application is filed with respect to such inspection of
livestock originating in or shipped from any one State, the Secretary
shall issue such authorization to the applicant deemed by him best
qualified to perform the proposed service, on the basis of (1)
experience, (2) financial responsibility, (3) extent and efficiency of
organization, (4) possession of necessary records, and (5) any other
factor relating to the ability of the applicant to perform the proposed
service. The Secretary may receive and consider the recommendations of
the commissioner, secretary, or director of agriculture, or other
appropriate officer or agency of a State as to the qualifications of any
applicant in such State. The decision of the Secretary as to the
applicant best qualified shall be final.
(b) Applicability of section
The provisions of this subchapter, relating to the filing,
publication, approval, modification, and suspension of any rate or
charge for any stockyard service shall apply with respect to charges
authorized to be made under this section.
(c) Collection and payment of charges
Charges authorized to be made under this section shall be collected
by the market agency or other person receiving and disbursing the funds
received from the sale of livestock with respect to the inspection of
which such charge is made, and paid by it to the department, agency, or
association performing such service.
(d) Revocation of authorization or registration
The Secretary may, if he deems it to be in the public interest,
suspend, and after hearing, revoke any authorization and registration
issued under the provisions of this section or any similar authorization
and registration issued under any other provision of law. The order of
the Secretary suspending or revoking any such authorization and
registration shall not be subject to review.
(Aug. 15, 1921, ch. 64, title III, 317, as added June 19, 1942, ch.
421, 56 Stat. 372.)
Former provisions relating to fees for inspection of brands appearing
upon livestock were contained in section 231 of this title.
Court of appeals exclusive jurisdiction respecting final orders of
Secretary of Agriculture under this chapter, except orders issued under
section 210(e) of this title and this section, see section 2342 of Title
28, Judiciary and Judicial Procedure.
07 USC SUBCHAPTER IV -- LIVE POULTRY DEALERS AND HANDLERS
TITLE 7 -- AGRICULTURE
07 USC 218 to 218d. Repealed. Pub. L. 100-173, 10, Nov. 23, 1987,
101 Stat. 922
TITLE 7 -- AGRICULTURE
Section 218, act Aug. 15, 1921, ch. 64, title V, 501, as added
Aug. 14, 1935, ch. 532, 49 Stat. 648, stated necessity to curb
unfair, deceptive, and fraudulent practices relating to live poultry.
Section 218a, act Aug. 15, 1921, ch. 64, title V, 502, as added
Aug. 14, 1935, ch. 532, 49 Stat. 648, authorized Secretary to
designate cities and markets where unfair practices exist, to require
licensing, and to prescribe information to be contained in application
license, and authorized penalty for dealing without license.
Section 218b, act Aug. 15, 1921, ch. 64, title V, 503, as added
Aug. 14, 1935, ch. 532, 49 Stat. 649, defined ''live poultry
dealer''.
Section 218c, act Aug. 15, 1921, ch. 64, title V, 504, as added
Aug. 14, 1935, ch. 532, 49 Stat. 649, related to application of other
provisions of this chapter to this subchapter and posting of rates,
charges, and rentals in licensee's place of business.
Section 218d, act Aug. 15, 1921, ch. 64, title V, 505, as added
Aug. 14, 1935, ch. 532, 49 Stat. 649, related to suspension and
revocation of licenses.
Repeal effective 90 days after Nov. 23, 1987, see section 12 of Pub.
L. 100-173, set out as an Effective Date of 1987 Amendment note under
section 182 of this title.
07 USC SUBCHAPTER V -- GENERAL PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 221. Accounts and records of business; punishment for failure
to keep
TITLE 7 -- AGRICULTURE
Every packer, any live poultry dealer, stockyard owner, market
agency, and dealer shall keep such accounts, records, and memoranda as
fully and correctly disclose all transactions involved in his business,
including the true ownership of such business by stockholding or
otherwise. Whenever the Secretary finds that the accounts, records, and
memoranda of any such person do not fully and correctly disclose all
transactions involved in his business, the Secretary may prescribe the
manner and form in which such accounts, records, and memoranda shall be
kept, and thereafter any such person who fails to keep such accounts,
records, and memoranda in the manner and form prescribed or approved by
the Secretary shall upon conviction be fined not more than $5,000, or
imprisoned not more than three years, or both.
(Aug. 15, 1921, ch. 64, title IV, 401, 42 Stat. 168; Aug. 15, 1921,
ch. 64, title V, 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649;
Nov. 23, 1987, Pub. L. 100-173, 6, 101 Stat. 918.)
1987 -- Pub. L. 100-173 substituted '', any live poultry dealer,''
for ''or any live poultry dealer or handler,''.
1935 -- Act Aug. 15, 1921, title V, 503, as added Aug. 14, 1935,
inserted ''or any live poultry dealer or handler'' after ''packer''
wherever appearing.
Amendment by Pub. L. 100-173 effective 90 days after Nov. 23, 1987,
see section 12 of Pub. L. 100-173, set out as a note under section 182
of this title.
Congress
Pub. L. 95-409, 2, Oct. 2, 1978, 92 Stat. 887, required the
Secretary of Agriculture to appoint a task force to recommend methods of
providing information to purchasers of livestock concerning the
existence of a lien or security interest against livestock and to submit
a report to Congress not later than Feb. 1, 1979.
07 USC 222. Federal Trade Commission powers adopted for enforcement of
chapter
TITLE 7 -- AGRICULTURE
For the efficient execution of the provisions of this chapter, and in
order to provide information for the use of Congress, the provisions
(including penalties) of sections 46 and 48 to 50 of title 15, are made
applicable to the jurisdiction, powers, and duties of the Secretary in
enforcing the provisions of this chapter and to any person subject to
the provisions of this chapter, whether or not a corporation. The
Secretary, in person or by such agents as he may designate, may
prosecute any inquiry necessary to his duties under this chapter in any
part of the United States.
(Aug. 15, 1921, ch. 64, title IV, 402, 42 Stat. 168; Aug. 15, 1921,
ch. 64, title V, 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649.)
1935 -- Act Aug. 15, 1921, 503, as added Aug. 14, 1935, purported
to insert ''or any live poultry dealer or handler'' after ''packer'' but
word ''packer'' does not appear in this section.
Executive and administrative functions of Federal Trade Commission,
with certain reservations, transferred to Chairman of such Commission by
1950 Reorg. Plan No. 8, 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.
1264, set out in the Appendix to Title 5, Government Organization and
Employees.
Application of Rules of Civil Procedure, see rules 45, 81, Title 28,
Appendix, Judiciary and Judicial Procedure.
07 USC 223. Responsibility of principal for act or omission of agent
TITLE 7 -- AGRICULTURE
When construing and enforcing the provisions of this chapter, the
act, omission, or failure of any agent, officer, or other person acting
for or employed by any packer, any live poultry dealer, stockyard owner,
market agency, or dealer, within the scope of his employment or office,
shall in every case also be deemed the act, omission, or failure of such
packer, any live poultry dealer, stockyard owner, market agency, or
dealer, as well as that of such agent, officer, or other person.
(Aug. 15, 1921, ch. 64, title IV, 403, 42 Stat. 168; Aug. 15, 1921,
ch. 64, title V, 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649;
amended Nov. 23, 1987, Pub. L. 100-173, 6, 101 Stat. 918.)
1987 -- Pub. L. 100-173 substituted '', any live poultry dealer,''
for ''or any live poultry dealer or handler,'' in two places.
1935 -- Act Aug. 15, 1921, title V, 503, as added Aug. 14, 1935,
inserted ''or any live poultry dealer or handler'' after ''packer''
wherever appearing.
Amendment by Pub. L. 100-173 effective 90 days after Nov. 23, 1987,
see section 12 of Pub. L. 100-173, set out as a note under section 182
of this title.
07 USC 224. Attorney General to institute court proceedings for
enforcement
TITLE 7 -- AGRICULTURE
The Secretary may report any violation of this chapter to the
Attorney General of the United States, who shall cause appropriate
proceedings to be commenced and prosecuted in the proper courts of the
United States without delay.
(Aug. 15, 1921, ch. 64, title IV, 404, 42 Stat. 168; Aug. 15, 1921,
ch. 64, title V, 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649.)
1935 -- Act Aug. 15, 1921, title V, 503, as added Aug. 14, 1935,
purported to insert ''or any live poultry dealer or handler'' after
''packer'' but word ''packer'' does not appear in this section.
Enforcement by Secretary of Agriculture under this chapter, with
respect to activities subject to this chapter, of requirements imposed
under section 1601 et seq. of Title 15, Commerce and Trade, see section
1607 of Title 15.
07 USC 225. Laws unaffected
TITLE 7 -- AGRICULTURE
Nothing contained in this chapter, except as otherwise provided
herein, shall be construed --
(a) To prevent or interfere with the enforcement of, or the procedure
under, the provisions of the Act entitled ''An Act to protect trade and
commerce against unlawful restraints and monopolies,'' approved July 2,
1890, the Act entitled ''An Act to supplement existing laws against
unlawful restraints and monopolies, and for other purposes,'' approved
October 15, 1914, the Interstate Commerce Act as amended, the Act
entitled ''An Act to promote export trade, and for other purposes,''
approved April 10, 1918 (15 U.S.C. 61 et seq.) or sections 73 to 77,
inclusive, of the Act of August 27, 1894, entitled ''An Act to reduce
taxation, to provide revenue for the Government, and for other
purposes,'' as amended by the Act entitled ''An Act to amend sections
seventy-three and seventy-six of the Act of August twenty-seventh,
eighteen hundred and ninety-four, entitled 'An Act to reduce taxation,
to provide revenue for the Government, and for other purposes,'''
approved February 12, 1913, or
(b) To alter, modify, or repeal such Acts or any part or parts
thereof, or
(c) To prevent or interfere with any investigation, proceeding, or
prosecution begun and pending on August 15, 1921.
(Aug. 15, 1921, ch. 64, title IV, 405, 42 Stat. 168.)
The Act entitled ''An Act to protect trade and commerce against
unlawful restraints and monopolies'', approved July 2, 1890, referred to
in subsec. (a), means act July 2, 1890, ch. 647, 26 Stat. 209, as
amended, known as the Sherman Act, which enacted sections 1 to 7 of
Title 15, Commerce and Trade. For complete classification of this Act
to the Code, see Short Title note set out under section 1 of Title 15
and Tables.
The Act entitled ''An Act to supplement existing laws against
unlawful restraints and monopolies and for other purposes'', approved
October 15, 1914, referred to in subsec. (a), is act Oct. 15, 1914,
ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, which is
classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27
of Title 15, and sections 52 and 53 of Title 29, Labor. For further
details and complete classification of the Act to the Code, see
References in Text note set out under section 12 of Title 15 and Tables.
The Interstate Commerce Act, referred to in subsec. (a), is act Feb.
4, 1887, ch. 104, 24 Stat. 379, as amended, which was classified to
chapters 1 ( 1 et seq.), 8 ( 301 et seq.), 12 ( 901 et seq.), 13 ( 1001
et seq.), and 19 (1231 et seq.) of Title 49, Transportation. The Act
was repealed by Pub. L. 95-473, 4(b), Oct. 17, 1978, 92 Stat. 1467,
the first section of which enacted subtitle IV ( 10101 et seq.) of Title
49. For distribution of former sections of Title 49 into the revised
Title 49, see Table at the beginning of Title 49.
The Act entitled ''An Act to promote export trade and for other
purposes'', approved April 10, 1918, referred to in subsec. (a), means
act Apr. 10, 1918, ch. 50, 40 Stat. 516, known as the Webb-Pomerene
Act, which is classified generally to subchapter II ( 61 et seq.) of
chapter 2 of Title 15, Commerce and Trade. For complete classification
of this Act to the Code, see section 66 of Title 15 and Tables.
Sections 73 to 77, inclusive, of the Act of August 27, 1894, entitled
''An Act to reduce taxation, to provide revenue for the Government, and
for other purposes'', referred to in subsec. (a), are sections 73 to 77
of act Aug. 27, 1894, ch. 349, 28 Stat. 570, as amended, and are
known as the Wilson Tariff Act. Sections 73 to 76 enacted sections 8 to
11 of Title 15. Section 77 was not classified to the Code. For
complete classification of this Act to the Code, see Short Title note
set out under section 8 of Title 15 and Tables.
The Act entitled ''An Act to amend sections seventy-three and
seventy-six of the Act of August twenty-seventh, eighteen hundred and
ninety-four, entitled, 'An Act to reduce taxation, to provide revenue
for the Government, and for other purposes','' approved February 12,
1913, referred to in subsec. (a), is act Feb. 12, 1913, ch. 40, 37
Stat. 667, which is classified to sections 8 and 11 of Title 15.
07 USC 226. Powers of Interstate Commerce Commission unaffected
TITLE 7 -- AGRICULTURE
Nothing in this chapter shall affect the power or jurisdiction of the
Interstate Commerce Commission, nor confer upon the Secretary concurrent
power or jurisdiction over any matter within the power or jurisdiction
of such commission.
(Aug. 15, 1921, ch. 64, title IV, 406(a), 42 Stat. 169.)
Section is comprised of subsec. (a) of section 406, of act Aug. 15,
1921. Subsecs. (b) to (e) of section 406, as amended, are classified to
section 227 of this title.
07 USC 227. Powers of Federal Trade Commission and Secretary of
Agriculture
TITLE 7 -- AGRICULTURE
(a) Omitted
(b) Jurisdiction of Federal Trade Commission
The Federal Trade Commission shall have power and jurisdiction over
any matter involving meat, meat food products, livestock products in
unmanufactured form, or poultry products, which by this chapter is made
subject to the power or jurisdiction of the Secretary, as follows:
(1) When the Secretary in the exercise of his duties requests of the
Commission that it make investigations and reports in any case.
(2) In any investigation of, or proceeding for the prevention of, an
alleged violation of any Act administered by the Commission, arising out
of acts or transactions involving meat, meat food products, or livestock
products in unmanufactured form, if the Commission determines that
effective exercise of its power or jurisdiction with respect to retail
sales of any such commodities is or will be impaired by the absence of
power or jurisdiction over all acts or transactions involving such
commodities in such investigation or proceeding. In order to avoid
unnecessary duplication of effort by the Government and burdens upon the
industry, the Commissioner shall notify the Secretary of such
determination, the reasons therefor, and the acts or transactions
involved, and shall not exercise power or jurisdiction with regard to
acts or transactions (other than retail sales) involving such
commodities if the Secretary within ten days from the date of receipt of
the notice notifies the Commission that there is pending in his
Department an investigation of, or proceeding for the prevention of, an
alleged violation of this chapter involving the same subject matter.
(3) Over all transactions in commerce in margarine, oleomargarine, or
poultry products and over retail sales of meat, meat food products and
livestock products in unmanufactured form.
(c) Limitation of Federal Trade Commission jurisdiction
The Federal Trade Commission shall have no power or jurisdiction over
any matter which by this chapter is made subject to the jurisdiction of
the Secretary, except as provided in subsection (b) of this section.
(d) Jurisdiction of Secretary of Agriculture except for poultry
products
The Secretary of Agriculture shall exercise power or jurisdiction
over oleomargarine or retail sales of meat, meat food products, or
livestock products in unmanufactured form only when he determines, in
any investigation of, or any proceeding for the prevention of, an
alleged violation of this chapter, that such action is necessary to
avoid impairment of his power or jurisdiction over acts or transactions
involving livestock, meat, meat food products, livestock products in
unmanufactured form, or poultry other than retail sales thereof. In
order to avoid unnecessary duplication of effort by the Government and
burdens upon the industry, the Secretary shall notify the Federal Trade
Commission of such determination, the reasons therefor, and the acts or
transactions involved, and shall not exercise power or jurisdiction with
respect to acts or transactions involving oleomargarine or retail sales
of meat, meat food products, or livestock products in unmanufactured
form if the Commission within 10 days from the date of receipt of such
notice notifies the Secretary that there is pending in the Commission an
investigation of, or proceeding for the prevention of, an alleged
violation of any Act administered by the Commission involving the same
subject matter.
(e) Jurisdiction of Secretary of Agriculture regarding poultry
products
The Secretary of Agriculture shall exercise jurisdiction over poultry
products only in a proceeding brought under section 197 of this title or
section 228b-1 of this title when such action is necessary to avoid
impairment of his jurisdiction.
(f) Information to be included in annual reports
The Secretary of Agriculture and the Federal Trade Commission shall
include in their respective annual reports information with respect to
the administration of subsections (b), (d), and (e) of this section.
(Aug. 15, 1921, ch. 64, title IV, 406, 42 Stat. 169; Sept. 2, 1958,
Pub. L. 85-909, 1(2), 72 Stat. 1749; Nov. 23, 1987, Pub. L. 100-173,
7, 101 Stat. 919; Dec. 13, 1991, Pub. L. 102-237, title X, 1008(2),
105 Stat. 1898.)
Subsection (a) of section 406 is classified to section 226 of this
title.
1991 -- Subsec. (b)(2). Pub. L. 102-237 struck out comma after
''unmanufactured form,''.
1987 -- Subsec. (b)(2). Pub. L. 100-173, 7(1)(A)(ii), which
directed insertion of ''or'' before ''livestock products in
unmanufactured form.'' was executed by making insertion before
''livestock products in unmanufactured form,'' as the probable intent of
Congress.
Pub. L. 100-173, 7(1)(A)(i), struck out ''or poultry products''
after ''in unmanufactured form,''.
Subsec. (b)(3). Pub. L. 100-173, 7(1)(B), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''Over all
transactions in commerce in margarine or oleomargarine and over retail
sales of meat, meat food products, livestock products in unmanufactured
form, and poultry products.''
Subsec. (d). Pub. L. 100-173, 7(2), amended subsec. (d) generally,
striking out reference to poultry products in two places and
substituting ''10 days'' for ''ten days''.
Subsec. (e). Pub. L. 100-173, 7(3), (4), added subsec. (e) and
redesignated former subsec. (e) as (f).
Subsec. (f). Pub. L. 100-173, 7(3), (5), redesignated former subsec.
(e) as (f) and substituted ''subsections (b), (d), and (e)'' for
''subsections (b) and (d)''.
1958 -- Pub. L. 85-909 substituted subsecs. (b) to (e) for former
provisions providing that Federal Trade Commission shall have no power
or jurisdiction over matters within jurisdiction of Secretary of
Agriculture except when Secretary requests Commission to make
investigations and reports in any case, which were incorporated in
subsecs. (b)(1) and (c).
Amendment by Pub. L. 100-173 effective 90 days after Nov. 23, 1987,
see section 12 of Pub. L. 100-173, set out as a note under section 182
of this title.
Executive and administrative functions of Federal Trade Commission,
with certain reservations, transferred to Chairman of such Commission by
1950 Reorg. Plan No. 8, 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.
1264, set out in the Appendix to Title 5, Government Organization and
Employees.
Section 11 of Pub. L. 100-173 provided that:
''(a) General Rule. -- The amendments made by this Act (see Short
Title of 1987 Amendment note set out under section 181 of this title) to
the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), shall not
be construed to limit or otherwise affect the power or jurisdiction of
the Federal Trade Commission under the Federal Trade Commission Act (15
U.S.C. 41 et seq.) to prevent the use of --
''(1) unfair methods of competition in or affecting commerce, and
''(2) unfair and deceptive acts or practices in or affecting
commerce,
involving poultry products.
''(b) Secretary's Authority. -- Subsection (a) shall not be construed
to limit or otherwise affect the authority of the Secretary of
Agriculture under section 406(e), as amended, of the Packers and
Stockyards Act, 1921 (7 U.S.C. 227(e)).''
07 USC 228. Authority of Secretary
TITLE 7 -- AGRICULTURE
(a) Rules, regulations, and expenditures; appropriations
The Secretary may make such rules, regulations, and orders as may be
necessary to carry out the provisions of this chapter 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; 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, 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 chapter in the District of Columbia and
elsewhere, and as may be appropriated for by Congress, and there is
authorized to be appropriated, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary for such purpose.
(b) Separate enforcement unit within Department
The Secretary shall maintain within the Department of Agriculture a
separate enforcement unit to administer and enforce subchapter II of
this chapter.
(c) Deductions from proceeds for financing promotional, educational,
and research activities
Notwithstanding any other provision of law, the authority of the
Secretary under this chapter shall not apply to deductions made from
sales proceeds for the purpose of financing promotion and research
activities, including educational activities relating to livestock,
meat, and other products covered by the chapter.
(d) Budget estimate; testimony of Secretary before Congressional
committees
On or before February 15 of each calendar year beginning with
calendar year 1977, or such other date as may be specified by the
appropriate committee, the Secretary of Agriculture shall testify before
the Senate Committee on Agriculture, Nutrition, and Forestry and the
House Committee on Agriculture and provide justification in detail of
the amount requested in the budget to be appropriated for the next
fiscal year for the purposes authorized in this chapter.
(e) Development and promulgation of rules governing hearings
The Secretary shall, not later than sixty days after September 13,
1976, prescribe and implement rules to assure that any hearing from
which any order may issue under this chapter or any hearing the expenses
of which are paid from funds authorized to be appropriated under this
chapter shall --
(1) if such hearing concerns a single unit of local government or the
residents thereof, be held within the boundaries of such unit;
(2) if such hearing concerns a single geographic area within a State
or the residents thereof, be held within the boundaries of such area;
or
(3) if such hearing concerns a single State or the residents thereof,
be held within such State.
(f) Definitions
For the purposes of subsection (e) of this section --
(1) the term ''unit of local government'' means a county,
municipality, town, township, village, or other unit of general
government below the State level; and
(2) the term ''geographic area within a State'' means a special
purpose district or other region recognized for governmental purposes
within such State which is not a unit of local government.
(Aug. 15, 1921, ch. 64, title IV, 407, 42 Stat. 169; Sept. 2, 1958,
Pub. L. 85-909, 4, 72 Stat. 1750; July 8, 1963, Pub. L. 88-61, 77
Stat. 79; Sept. 13, 1976, Pub. L. 94-410, 11, 90 Stat. 1252; S. Res.
4, Feb. 4, 1977.)
1976 -- Subsecs. (d) to (f). Pub. L. 94-410 added subsecs. (d) to
(f).
1963 -- Subsec. (c). Pub. L. 88-61 added subsec. (c).
1958 -- Pub. L. 85-909 designated existing provisions as subsec.
(a) and added subsec. (b).
Committee on Agriculture and Forestry of the Senate abolished and
replaced by Committee on Agriculture, Nutrition, and Forestry of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the
Senate, as amended by Senate Resolution 4 (popularly cited as the
''Committee System Reorganization Amendments of 1977''), approved Feb.
4, 1977.
07 USC 228a. Authority of Secretary to request temporary injunction or
restraining order
TITLE 7 -- AGRICULTURE
Whenever the Secretary has reason to believe that any person subject
to this chapter (a) with respect to any transactions subject to this
chapter, has failed to pay or is unable to pay for livestock, meats,
meat food products, or livestock products in unmanufactured form, or
live poultry, or has failed to pay any poultry grower what is due on
account of poultry obtained under a poultry growing arrangement, or has
failed to remit to the person entitled thereto the net proceeds from the
sale of any such commodity sold on a commission basis; or (b) has
operated while insolvent, or otherwise in violation of this chapter in a
manner which may reasonably be expected to cause irreparable damage to
another person; or (c) does not have the required bond; and that it
would be in the public interest to enjoin such person from operating
subject to this chapter or enjoin him from operating subject to this
chapter except under such conditions as would protect vendors or
consignors of such commodities or other affected persons, until a
complaint under this chapter is issued and dismissed by the Secretary or
until an order to cease and desist made thereon by the Secretary has
become final and effective within the meaning of this chapter or is set
aside on appellate review of the Secretary's order, the Secretary may
notify the Attorney General, who may apply to the United States district
court for the district in which such person has his principal place of
business or in which he resides for a temporary injunction or
restraining order. When needed to effectuate the purposes of this
section, the court shall, upon a proper showing, issue a temporary
injunction or restraining order, without bond. Attorneys employed by
the Secretary of Agriculture may, with the approval of the Attorney
General, appear in the United States district court representing the
Secretary in any action seeking such a temporary restraining order or
injunction.
(Aug. 15, 1921, ch. 64, title IV, 408, as added Sept. 13, 1976, Pub.
L. 94-410, 5, 90 Stat. 1250; amended Nov. 23, 1987, Pub. L. 100-173,
8, 101 Stat. 919.)
A prior section 228a, act Sept. 21, 1944, ch. 412, title I,
101(c), 58 Stat. 734, which related to inspections of livestock, hides,
animal products, etc., was transferred to section 396 of this title.
A prior section 408 of act Aug. 15, 1921, was renumbered section 415
and is classified to section 229 of this title.
1987 -- Pub. L. 100-173 inserted ''or live poultry, or has failed to
pay any poultry grower what is due on account of poultry obtained under
a poultry growing arrangement,'' after ''unmanufactured form,''.
Amendment by Pub. L. 100-173 effective 90 days after Nov. 23, 1987,
see section 12 of Pub. L. 100-173, set out as a note under section 182
of this title.
07 USC 228b. Prompt payment for purchase of livestock
TITLE 7 -- AGRICULTURE
(a) Full amount of purchase price required; methods of payment
Each packer, market agency, or dealer purchasing livestock shall,
before the close of the next business day following the purchase of
livestock and transfer of possession thereof, deliver to the seller or
his duly authorized representative the full amount of the purchase
price: Provided, That each packer, market agency, or dealer purchasing
livestock for slaughter shall, before the close of the next business day
following purchase of livestock and transfer of possession thereof,
actually deliver at the point of transfer of possession to the seller or
his duly authorized representative a check or shall wire transfer funds
to the seller's account for the full amount of the purchase price; or,
in the case of a purchase on a carcass or ''grade and yield'' basis, the
purchaser shall make payment by check at the point of transfer of
possession or shall wire transfer funds to the seller's account for the
full amount of the purchase price not later than the close of the first
business day following determination of the purchase price: Provided
further, That if the seller or his duly authorized representative is not
present to receive payment at the point of transfer of possession, as
herein provided, the packer, market agency or dealer shall wire transfer
funds or place a check in the United States mail for the full amount of
the purchase price, properly addressed to the seller, within the time
limits specified in this subsection, such action being deemed compliance
with the requirement for prompt payment.
(b) Waiver of prompt payment by written agreement; disclosure
requirements
Notwithstanding the provisions of subsection (a) of this section and
subject to such terms and conditions as the Secretary may prescribe, the
parties to the purchase and sale of livestock may expressly agree in
writing, before such purchase or sale, to effect payment in a manner
other than that required in subsection (a) of this section. Any such
agreement shall be disclosed in the records of any market agency or
dealer selling the livestock, and in the purchaser's records and on the
accounts or other documents issued by the purchaser relating to the
transaction.
(c) Delay in payment or attempt to delay deemed unfair practice
Any delay or attempt to delay by a market agency, dealer, or packer
purchasing livestock, the collection of funds as herein provided, or
otherwise for the purpose of or resulting in extending the normal period
of payment for such livestock shall be considered an ''unfair practice''
in violation of this chapter. Nothing in this section shall be deemed
to limit the meaning of the term ''unfair practice'' as used in this
chapter.
(Aug. 15, 1921, ch. 64, title IV, 409, as added Sept. 13, 1976, Pub.
L. 94-410, 7, 90 Stat. 1250.)
07 USC 228b-1. Final date for making payment to cash seller or poultry
grower
TITLE 7 -- AGRICULTURE
(a) Delivery of full amount due
Each live poultry dealer obtaining live poultry by purchase in a cash
sale shall, before the close of the next business day following the
purchase of poultry, and each live poultry dealer obtaining live poultry
under a poultry growing arrangement shall, before the close of the
fifteenth day following the week in which the poultry is slaughtered,
deliver, to the cash seller or poultry grower from whom such live
poultry dealer obtains the poultry, the full amount due to such cash
seller or poultry grower on account of such poultry.
(b) Delay or attempt to delay collection of funds as ''unfair
practice''
Any delay or attempt to delay, by a live poultry dealer which is a
party to any such transaction, the collection of funds as herein
provided, or otherwise for the purpose of or resulting in extending the
normal period of payment for poultry obtained by poultry growing
arrangement or purchased in a cash sale, shall be considered an ''unfair
practice'' in violation of this chapter. Nothing in this section shall
be deemed to limit the meaning of the term ''unfair practice'' as used
in this chapter.
(c) ''Cash sale'' defined
For the purpose of this section, a cash sale means a sale in which
the seller does not expressly extend credit to the buyer.
(Aug. 15, 1921, ch. 64, title IV, 410, as added Nov. 23, 1987, Pub.
L. 100-173, 9(2), 101 Stat. 920.)
A prior section 410 of act Aug. 15, 1921, was renumbered section 414
and is classified to section 228c of this title.
Section effective 90 days after Nov. 23, 1987, see section 12 of
Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note
under section 182 of this title.
07 USC 228b-2. Violations by live poultry dealers
TITLE 7 -- AGRICULTURE
(a) Written complaint by Secretary; hearing; intervention; amended
complaint
Whenever the Secretary has reason to believe that any live poultry
dealer has violated or is violating any provision of section 197 of this
title or section 228b-1 of this title, he shall cause a complaint in
writing to be served upon the live poultry dealer, stating his charges
in that respect, and requiring the live poultry dealer to attend and
testify at a hearing at a time and place designated therein, at least 30
days after the service of such complaint; and at such time and place
there shall be afforded the live poultry dealer a reasonable opportunity
to be informed as to the evidence introduced against him (including the
right of cross-examination), and to be heard in person or by counsel and
through witnesses, under such regulations as the Secretary may
prescribe. Any person for good cause shown may, on application, be
allowed by the Secretary to intervene in such proceeding, and appear in
person or by counsel. At any time prior to the close of the hearing,
the Secretary may amend the complaint; but in case of any amendment
adding new charges, the hearing shall, on the request of the live
poultry dealer, be adjourned for a period not exceeding 15 days.
(b) Report on findings of fact by Secretary; cease and desist order;
assessment of civil penalty; action by Attorney General upon live
poultry dealer's failure to pay penalty
If, after such hearing, the Secretary finds that the live poultry
dealer has violated, or is violating, any provisions of section 197 of
this title or section 228b-1 of this title covered by the charges, he
shall make a report in writing in which he shall state his findings as
to the facts, and shall issue and cause to be served on the live poultry
dealer an order requiring such live poultry dealer to cease and desist
from continuing such violation. The testimony taken at the hearing
shall be reduced to writing and filed in the records of the Department
of Agriculture. The Secretary may also assess a civil penalty of not
more than $20,000 for each such violation. In determining the amount of
the civil penalty to be assessed under this section, the Secretary shall
consider the gravity of the offense, the size of the business involved,
and the effect of the penalty on the person's ability to continue in
business: Provided, however, That in no event can the penalty assessed
by the Secretary take priority over or impede the ability of the live
poultry dealer to pay any unpaid cash seller or poultry grower. If,
after the lapse of the period allowed for appeal or after the affirmance
of such penalty, the person against whom the civil penalty is assessed
fails to pay such penalty, the Secretary may refer the matter to the
Attorney General, who may recover such penalty by an action in the
appropriate District Court of the United States.
(c) Amendment or setting aside of report or order
Until the record in such hearing has been filed in a court of appeals
of the United States, as provided in section 228b-3 of this title, the
Secretary, at any time, upon such notice and in such manner as he deems
proper, but only after reasonable opportunity to the live poultry dealer
to be heard, may amend or set aside the report or order, in whole or in
part.
(d) Service of complaints, orders, and other processes
Complaints, orders, and other processes of the Secretary under this
section may be served in the same manner as provided in section 45 of
title 15.
(Aug. 15, 1921, ch. 64, title IV, 411, as added Nov. 23, 1987, Pub.
L. 100-173, 9(2), 101 Stat. 920.)
A prior section 411 of act Aug. 15, 1921, was renumbered section 415
and is classified to section 229 of this title.
Section effective 90 days after Nov. 23, 1987, see section 12 of
Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note
under section 182 of this title.
07 USC 228b-3. Judicial review of order regarding live poultry dealer
TITLE 7 -- AGRICULTURE
(a) Finality of order unless appeal to court of appeals; time limit;
bond
An order made under section 228b-2 of this title shall be final and
conclusive unless within 30 days after service the live poultry dealer
appeals to the court of appeals for the circuit in which he has his
principal place of business, by filing with the clerk of such court a
written petition praying that the Secretary's order be set aside or
modified in the manner stated in the petition, together with a bond in
such sum as the court may determine, conditioned that such live poultry
dealer will pay the costs of the proceedings if the court so directs.
(b) Notification of appeal to Secretary; filing of record with court
The clerk of the court shall immediately cause a copy of the petition
to be delivered to the Secretary, and the Secretary shall thereupon file
in the court the record in such proceedings, as provided in section 2112
of title 28. If before such record is filed the Secretary amends or
sets aside his report or order, in whole or in part, the petitioner may
amend the petition within such time as the court may determine, on
notice to the Secretary.
(c) Issuance of temporary injunction
At any time after such petition is filed, the court, on application
of the Secretary, may issue a temporary injunction, restraining, to the
extent it deems proper, the live poultry dealer and his officers,
directors, agents, and employees, from violating any of the provisions
of the order pending the final determination of the appeal.
(d) Evidence in record as evidence in case; expedited proceedings
The evidence so taken or admitted, and filed as aforesaid as a part
of the record, shall be considered by the court as the evidence in the
case. The proceedings in such cases in the court of appeals shall be
made a preferred cause and shall be expedited in every way.
(e) Action by court
The court may affirm, modify, or set aside the order of the
Secretary.
(f) Taking of additional evidence; modified or additional findings
by Secretary
If the court determines that the just and proper disposition of the
case requires the taking of additional evidence, the court shall order
the hearing to be reopened for the taking of such evidence, in such
manner and upon such terms and conditions as the court may deem proper.
The Secretary may modify his findings as to the facts, or make new
findings, by reason of the additional evidence so taken, and he shall
file such modified or new findings and his recommendations, if any, for
the modification or setting aside of his order, with the return of such
additional evidence.
(g) Affirmance or modification of order as injunction
If the court of appeals affirms or modifies the order of the
Secretary, its decree shall operate as an injunction to restrain the
live poultry dealer, and his officers, directors, agents, and employees
from violating the provisions of such order or such order as modified.
(h) Exclusive jurisdiction of court of appeals; finality of decree;
appeal to Supreme Court; stay of decree
The court of appeals shall have jurisdiction which upon the filing of
the record with it shall be exclusive, to review, and to affirm, set
aside, or modify, such orders of the Secretary, and the decree of such
court shall be final except that it shall be subject to review by the
Supreme Court of the United States upon certiorari, as provided in
section 1254 of title 28, if such writ is duly applied for within 60
days after entry of the decree. The issue of such writ shall not
operate as a stay of the decree of the court of appeals, insofar as such
decree operates as an injunction, unless so ordered by the Supreme
Court.
(Aug. 15, 1921, ch. 64, title IV, 412, as added Nov. 23, 1987, Pub.
L. 100-173, 9(2), 101 Stat. 921.)
Section effective 90 days after Nov. 23, 1987, see section 12 of
Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note
under section 182 of this title.
07 USC 228b-4. Violation of final order by live poultry dealer;
penalty
TITLE 7 -- AGRICULTURE
Any live poultry dealer, or any officer, director, agent, or employee
of a live poultry dealer, who fails to obey any order of the Secretary
issued under the provisions of section 228b-2 of this title, or such
order as modified --
(1) after the expiration of the time allowed for filing a petition in
the court of appeals to set aside or modify such order, if no such
petition has been filed within such time;
(2) after the expiration of the time allowed for applying for a writ
of certiorari, if such order, or such order as modified, has been
sustained by the court of appeals and no such writ has been applied for
within such time; or
(3) after such order, or such order as modified, has been sustained
by the courts as provided in section 228b-3 of this title;
shall on conviction be fined not less than $1,000 nor more than
$20,000. Each day during which such failure continues shall be deemed a
separate offense.
(Aug. 15, 1921, ch. 64, title IV, 413, as added Nov. 23, 1987, Pub.
L. 100-173, 9(2), 101 Stat. 922.)
Section effective 90 days after Nov. 23, 1987, see section 12 of
Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note
under section 182 of this title.
07 USC 228c. Federal preemption of State and local requirements
TITLE 7 -- AGRICULTURE
No requirement of any State or territory of the United States, or any
subdivision thereof, or the District of Columbia, with respect to
bonding of packers or prompt payment by packers for livestock purchases
may be enforced upon any packer operating in compliance with the bonding
provisions under section 204 of this title, and prompt payment
provisions of section 228b of this title, respectively: Provided, That
this section shall not preclude a State from enforcing a requirement,
with respect to payment for livestock purchased by a packer at a
stockyard subject to this chapter, which is not in conflict with this
chapter or regulations thereunder: Provided further, That this section
shall not preclude a State from enforcing State law or regulations with
respect to any packer not subject to this chapter or section 204 of this
title.
(Aug. 15, 1921, ch. 64, title IV, 414, formerly 410, as added Sept.
13, 1976, Pub. L. 94-410, 9, 90 Stat. 1252; renumbered 414, Nov. 23,
1987, Pub. L. 100-173, 9(1), 101 Stat. 919.)
07 USC 229. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the chapter and of the application of such provision to other persons
and circumstances shall not be affected thereby.
(Aug. 15, 1921, ch. 64, title IV, 415, formerly 408, 42 Stat. 169;
renumbered 411, Sept. 13, 1976, Pub. L. 94-410, 5, 90 Stat. 1250;
renumbered 415, Nov. 23, 1987, Pub. L. 100-173, 9(1), 101 Stat. 919.)
07 USC SUBCHAPTER VI -- CHARGE FOR INSPECTION
TITLE 7 -- AGRICULTURE
07 USC 231. Omitted
TITLE 7 -- AGRICULTURE
Section, act July 22, 1942, ch. 516, 56 Stat. 689, was from the
Department of Agriculture Appropriation Act, 1943, and provided for fees
for inspection of brands appearing upon livestock. See section 217a of
this title.
Similar provisions were contained in the following prior
appropriation acts:
July 1, 1941, ch. 267, 55 Stat. 432.
June 25, 1940, ch. 421, 54 Stat. 557.
June 30, 1939, ch. 253, title I, 53 Stat. 970.
June 16, 1938, ch. 464, title I, 52 Stat. 721.
June 29, 1937, ch. 404, 50 Stat. 406.
June 4, 1936, ch. 489, 49 Stat. 1432.
May 17, 1935, ch. 131, title I, 49 Stat. 257.
Mar. 26, 1934, ch. 89, 48 Stat. 477.
Mar. 3, 1933, ch. 203, 47 Stat. 1441.
July 7, 1932, ch. 443, 47 Stat. 620.
Feb. 23, 1931, ch. 278, 46 Stat. 1252.
May 27, 1930, ch. 341, 46 Stat. 402.
Feb. 16, 1929, ch. 227, 45 Stat. 1198.
07 USC CHAPTER 10 -- WAREHOUSES
TITLE 7 -- AGRICULTURE
Sec.
241. Short title.
242. Definitions.
243. Investigation of warehousing, weighing, classifying, and
certification of agricultural products; inspection of warehouses;
prescribing duties of warehousemen.
244. Licensing warehouseman.
245. Term of license; renewal.
246. Suspension and revocation of license.
247. Bond of applicant for warehouse license; additional bond.
248. License to person not warehouseman; bond; duties of licensee.
249. Action on bond by person injured.
250. Designation as bonded warehouse.
251. Fee for warehouse examination, inspection, and licensing;
amount; disposition of moneys.
252. License to classify, grade, or weigh agricultural products.
253. Suspension and revocation of license to classify, grade, or
weigh.
254. Discrimination by warehouseman prohibited.
255. Deposits of products deemed subject to chapter.
256. Inspection and grading of products stored.
257. Standards for agricultural products.
258. Mingling products stored.
259. Security interests.
(a) Receipts for products stored.
(b) Transfer of agricultural products stored in warehouses.
(c) Central filing system records in lieu of receipts for cotton
stored; delivery of cotton; electronic transmission facilities between
warehouses and systems; system records equivalent to receipts and
ownership interests; recordation and enforcement of liens in central
filing system; warehousemen's liens unaffected; conditions for
delivery on demand of cotton stored.
(d) Administration of central filing system or systems; imposition
and collection of fees; fund as depository for fees, late payment
penalties, and investments; fund monies available for expenses.
260. Contents of receipts.
261. Issuance of further receipt with original outstanding.
262. Delivery of products stored on demand; conditions to delivery.
263. Cancellation of receipt on delivery of product stored.
264. Records; reports to Secretary of Agriculture; compliance with
provisions of chapter, rules, and regulations.
265. Examination of stored products; publication of findings.
266. Publication of investigation of warehousing, names and
locations of bonded warehouses, and revocation of licenses.
267. Examination of books, records, etc., of warehousemen.
268. Rules and regulations.
269. Cooperation with State authorities; authority of Secretary;
operation of existing laws.
270. Punishment for violations; reimbursement of owner of products
converted.
271. Authorization of appropriations; employment of temporary
personnel.
272. Separability.
273. Rights reserved.
07 USC 241. Short title
TITLE 7 -- AGRICULTURE
This chapter shall be known by the short title of ''United States
Warehouse Act.''
(Aug. 11, 1916, ch. 313, pt. C, 1, 39 Stat. 486.)
This chapter constitutes part C of ''An act making appropriations for
the Department of Agriculture for the fiscal year ending June 13, 1917,
and for other purposes,'' approved Aug. 11, 1916. Part A of act of
Aug. 11, 1916, ch. 313, containing the ''United States Cotton Futures
Act'' formerly classified to chapter 13 of Title 26, Internal Revenue
Code, was repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat.
1. Part B of that act contained the ''United States Grain Standards
Act'' and constitutes section 71 et seq. of this title.
Warehouse receipts as satisfaction of futures contract, see section
7a of this title.
07 USC 242. Definitions
TITLE 7 -- AGRICULTURE
The term ''warehouse'' as used in this chapter shall be deemed to
mean every building, structure, or other protected inclosure in which
any agricultural product is or may be stored for interstate or foreign
commerce, or, if located within any place under the exclusive
jurisdiction of the United States, in which any agricultural product is
or may be stored. As used in this chapter, ''person'' includes a
corporation or partnership or two or more persons having a joint or
common interest; ''warehouseman'' means a person lawfully engaged in
the business of storing agricultural products; and ''receipt'' means a
warehouse receipt.
(Aug. 11, 1916, ch. 313, pt. C, 2, 39 Stat. 486; Feb. 23, 1923, ch.
106, 42 Stat. 1282.)
1923 -- Act Feb. 23, 1923, struck out second sentence defining
''agricultural product''.
07 USC 243. Investigation of warehousing, weighing, classifying, and
certification of agricultural products; inspection of warehouses;
prescribing duties of warehousemen
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to investigate the
storage, warehousing, classifying according to grade and otherwise,
weighing, and certification of agricultural products; upon application
to him by any person applying for license to conduct a warehouse under
this chapter, to inspect such warehouse or cause it to be inspected; at
any time, with or without application to him, to inspect or cause to be
inspected all warehouses licensed under this chapter; to determine
whether warehouses for which licenses are applied for or have been
issued under this chapter are suitable for the proper storage of any
agricultural product or products; to classify warehouses licensed or
applying for a license in accordance with their ownership, location,
surroundings, capacity, conditions, and other qualities, and as to the
kinds of licenses issued or that may be issued for them pursuant to this
chapter; and to prescribe, within the limitations of this chapter, the
duties of the warehousemen conducting warehouses licensed under this
chapter with respect to their care of and responsibility for
agricultural products stored therein.
(Aug. 11, 1916, ch. 313, pt. C, 3, 39 Stat. 486.)
Publication of general investigation of warehousing under this
section, see section 266 of this title.
07 USC 244. Licensing warehouseman
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture, or his designated representative, is
authorized, upon application to him, to issue to any warehouseman a
license for the conduct of a warehouse or warehouses in accordance with
this chapter and such rules and regulations as may be made hereunder:
Provided, That each such warehouse be found suitable for the proper
storage of the particular agricultural product or products for which a
license is applied for, and that such warehouseman agree, as a condition
to the granting of the license, to comply with and abide by all the
terms of this chapter and the rules and regulations prescribed
hereunder.
(Aug. 11, 1916, ch. 313, pt. C, 4, 39 Stat. 486; Mar. 2, 1931, ch.
366, 1, 46 Stat. 1463.)
1931 -- Act Mar. 2, 1931, inserted '', or his designated
representative,'' after ''Secretary of Agriculture''.
07 USC 245. Term of license; renewal
TITLE 7 -- AGRICULTURE
Each license issued under sections 244 and 248 of this title shall
terminate as therein provided, or in accordance with the terms of this
chapter and the regulations thereunder, and may from time to time be
modified or extended by written instrument.
(Aug. 11, 1916, ch. 313, pt. C, 5, 39 Stat. 486; Feb. 23, 1923, ch.
106, 42 Stat. 1282.)
1923 -- Act Feb. 23, 1923, substituted provisions for termination of
the license in accordance with the terms of the license or this chapter,
and regulations thereunder for provision for license period.
07 USC 246. Suspension and revocation of license
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture, or his designated representative, may,
after opportunity for hearing has been afforded to the licensee
concerned, suspend or revoke any license to any warehouseman conducting
a warehouse under this chapter, for any violation of or failure to
comply with any provision of this chapter or of the rules and
regulations made hereunder, or upon the ground that unreasonable or
exorbitant charges have been made for services rendered. Pending
investigation, the Secretary of Agriculture, or his designated
representative, whenever he deems necessary, may suspend a license
temporarily without hearing.
(Aug. 11, 1916, ch. 313, pt. C, 25, 39 Stat. 490; Mar. 2, 1931, ch.
366, 8, 46 Stat. 1465.)
1931 -- Act Mar. 2, 1931, inserted '', or his designated
representative,'' after ''Secretary of Agriculture'' in first clause of
section.
07 USC 247. Bond of applicant for warehouse license; additional bond
TITLE 7 -- AGRICULTURE
Each warehouseman applying for a license to conduct a warehouse in
accordance with this chapter shall, as a condition to the granting
thereof, execute and file with the Secretary of Agriculture a good and
sufficient bond to the United States to secure the faithful performance
of his obligations as a warehouseman under the terms of this chapter and
the rules and regulations prescribed hereunder, and of such additional
obligations as a warehouseman as may be assumed by him under contracts
with the respective depositors of agricultural products in such
warehouse. Said bond shall be in such form and amount, shall have such
surety or sureties, subject to service of process in suits on the bond
within the State, District, or Territory in which the warehouse is
located, and shall contain such terms and conditions as the Secretary of
Agriculture may prescribe to carry out the purposes of this chapter, and
may, in the discretion of the Secretary of Agriculture, include the
requirements of fire and/or other insurance. Whenever the Secretary of
Agriculture, or his designated representative, shall determine that a
previously approved bond is, or for any cause has become, insufficient,
he may require an additional bond or bonds to be given by the
warehouseman concerned, conforming with the requirements of this
section, and unless the same be given within the time fixed by a written
demand therefor the license of such warehouseman may be suspended or
revoked.
(Aug. 11, 1916, ch. 313, pt. C, 6, 39 Stat. 486; July 24, 1919, ch.
26, 41 Stat. 266; Feb. 23, 1923, ch. 106, 42 Stat. 1283; Mar. 2, 1931,
ch. 366, 2, 46 Stat. 1463.)
1931 -- Act Mar. 2, 1931, struck out ''under the laws of the State,
District, or Territory in which he is conducting such warehouse, as well
as'' in first sentence, and inserted '', or his designated
representative,'' after ''Secretary of Agriculture'' in last sentence.
1923 -- Act Feb. 23, 1923, inserted provision permitting the
Secretary of Agriculture, in his discretion, to include the requirements
of fire insurance among the terms and conditions of the bond.
1919 -- Act July 24, 1919, struck out ''other than personal
security'' after ''good and sufficient bond'' in first sentence and
after ''including the requirements of fire insurance'' at end of second
sentence.
Action on bond by person injured, see section 249 of this title.
Designation as bonded warehouse, filing of bond such as is provided
in this section as prerequisite to, see section 250 of this title.
07 USC 248. License to person not warehouseman; bond; duties of
licensee
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture, or his designated representative, may,
under such rules and regulations as he shall prescribe, issue a license
to any person not a warehouseman to accept the custody of agricultural
products and to store the same in a warehouse or warehouses owned,
operated, or leased by any State, upon condition that such person agree
to comply with and abide by the terms of this chapter and the rules and
regulations prescribed hereunder. Each person so licensed shall issue
receipts for the agricultural products placed in his custody, and shall
give bond, in accordance with the provisions of this chapter, and the
rules and regulations hereunder affecting warehousemen licensed under
this chapter, and shall otherwise be subject to this chapter, and such
rules and regulations, to the same extent as is provided for
warehousemen licensed hereunder.
(Aug. 11, 1916, ch. 313, pt. C, 9, 39 Stat. 487; Mar. 2, 1931, ch.
366, 4, 46 Stat. 1464.)
1931 -- Act Mar. 2, 1931, inserted '', or his designated
representative,'' after ''Secretary of Agriculture''.
Action on bond by person injured, see section 249 of this title.
07 USC 249. Action on bond by person injured
TITLE 7 -- AGRICULTURE
Any person injured by the breach of any obligation to secure which a
bond is given, under the provisions of sections 247 or 248 of this
title, shall be entitled to sue on the bond in his own name in any court
of competent jurisdiction to recover the damages he may have sustained
by such breach.
(Aug. 11, 1916, ch. 313, pt. C, 7, 39 Stat. 487.)
07 USC 250. Designation as bonded warehouse
TITLE 7 -- AGRICULTURE
Upon the filing with and approval by the Secretary of Agriculture, or
his designated representative, of a bond, in compliance with this
chapter, for the conduct of a warehouse, such warehouse may be
designated as bonded hereunder; but no warehouse shall be designated as
bonded under this chapter, and no name or description conveying the
impression that it is so bonded, shall be used, until a bond, such as
provided for in section 247 of this title, has been filed with and
approved by the Secretary of Agriculture, or his designated
representative, nor unless the license issued under this chapter for the
conduct of such warehouse remains unsuspended and unrevoked.
(Aug. 11, 1916, ch. 313, pt. C, 8, 39 Stat. 487; Mar. 2, 1931, ch.
366, 3, 46 Stat. 1463.)
1931 -- Act Mar. 2, 1931, substituted ''may'' for ''shall'' before
''be designated'' in first clause, and inserted '', or his designated
representative,'' after ''Secretary of Agriculture'' wherever appearing.
Punishment for violating the provisions of this section, see section
270 of this title.
07 USC 251. Fee for warehouse examination, inspection, and licensing;
amount; disposition of moneys
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture, or the Secretary's designated
representative, shall charge, assess, and cause to be collected a
reasonable fee for (1) each examination or inspection of a warehouse
(including the physical facilities and records thereof and the
agricultural products therein) under this chapter; (2) each license
issued to any person to classify, inspect, grade, sample, or weigh
agricultural products stored or to be stored under provisions of this
chapter; (3) each annual warehouse license issued to a warehouseman to
conduct a warehouse under this chapter; and (4) each warehouse license
amended, modified, extended, or reinstated under this chapter. Such
fees shall cover, as nearly as practicable, the costs of providing such
services and licenses, including administrative and supervisory costs:
Provided, That the amount of such fees collected for cotton warehouse
inspections shall not exceed $400,000 in the fiscal year ending
September 30, 1982, $415,000 in fiscal year ending September 30, 1983,
and $430,000 in the fiscal year ending September 30, 1984. All fees
collected shall be credited to the current appropriation account that
incurs the costs and shall be available without fiscal year limitation
to pay the expenses of the Secretary incident to providing services
under this chapter. The Secretary may deposit such funds in an interest
bearing account with a financial institution. If any interest is earned
on this account such interest shall be credited to the account for use
by the Secretary in providing such services.
(Aug. 11, 1916, ch. 313, pt. C, 10, 39 Stat. 487; Mar. 2, 1931, ch.
366, 5, 46 Stat. 1464; Aug. 13, 1981, Pub. L. 97-35, title I,
158(a)(1), 95 Stat. 375.)
1981 -- Pub. L. 97-35 substituted provisions requiring the Secretary
or the Secretary's designated representative to charge, assess, and
cause to be collected fees for warehouse examination, inspection, and
licensing, for provisions authorizing the Secretary or his designated
representative to charge, assess, and cause to be collected fees for
warehouse inspection and licensing.
1931 -- Act Mar. 2, 1931, inserted '', or his designated
representative,'' after ''Secretary of Agriculture'', substituted
''may'' for ''shall'' where appearing for first time and substituted
provision authorizing a reasonable fee to be charged for license issued
to warehouseman or other person to classify etc., agricultural products
for former provision requiring a fee of $2 per annum for each license or
renewal thereof issued to a warehouseman, all in first sentence.
Section 158(b) of Pub. L. 97-35 provided that: ''The provisions of
this section (amending this section and section 271 of this title) shall
become effective October 1, 1981''.
07 USC 252. License to classify, grade, or weigh agricultural products
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture, or his designated representative, may
upon presentation of satisfactory proof of competency, issue to any
person a license to inspect, sample, or classify any agricultural
product or products, stored or to be stored in a warehouse licensed
under this chapter, according to condition, grade, or otherwise and to
certificate the condition, grade, or other class thereof, or to weigh
the same and certificate the weight thereof, or both to inspect, sample,
or classify and weigh the same and to certificate the condition, grade,
or other class and the weight thereof, upon condition that such person
agree to comply with and abide by the terms of this chapter and of the
rules and regulations prescribed hereunder so far as the same relate to
him.
(Aug. 11, 1916, ch. 313, pt. C, 11, 39 Stat. 487; Feb. 23, 1923,
ch. 106, 42 Stat. 1283; Mar. 2, 1931, ch. 366, 6, 46 Stat. 1464.)
1931 -- Act Mar. 2, 1931, inserted '', or his designated
representative,'' after ''Secretary of Agriculture''.
1923 -- Act Feb. 23, 1923, inserted ''inspect, sample or'' before
''classify'' and ''condition'' before ''grade'' wherever appearing.
07 USC 253. Suspension and revocation of license to classify, grade,
or weigh
TITLE 7 -- AGRICULTURE
Any license issued to any person to inspect, sample, or classify, or
to weigh any agricultural product or products under this chapter may be
suspended or revoked by the Secretary of Agriculture, or his designated
representative, whenever he is satisfied, after opportunity afforded to
the licensee concerned for a hearing, that such licensee has failed to
inspect, sample, or classify, or to weigh any agricultural product or
products correctly, or has violated any of the provisions of this
chapter or of the rules and regulations prescribed hereunder, so far as
the same may relate to him, or that he has used his license or allowed
it to be used for any improper purpose whatever. Pending investigation,
the Secretary of Agriculture, or his designated representative, whenever
he deems necessary, may suspend a license temporarily without hearing.
(Aug. 11, 1916, ch. 313, pt. C, 12, 39 Stat. 487; Feb. 23, 1923,
ch. 106, 42 Stat. 1283; Mar. 2, 1931, ch. 366, 7, 46 Stat. 1464.)
1931 -- Act Mar. 2, 1931, inserted '', or his designated
representative,'' after ''Secretary of Agriculture'' wherever appearing.
1923 -- Act Feb. 23, 1923, inserted ''inspect, sample or'' before
''classify'' wherever appearing.
07 USC 254. Discrimination by warehouseman prohibited
TITLE 7 -- AGRICULTURE
Every warehouseman conducting a warehouse licensed under this chapter
shall receive for storage therein, so far as its capacity permits, any
agricultural product of the kind customarily stored therein by him which
may be tendered to him in a suitable condition for warehousing, in the
usual manner in the ordinary and usual course of business, without
making any discrimination between persons desiring to avail themselves
of warehouse facilities.
(Aug. 11, 1916, ch. 313, pt. C, 13, 39 Stat. 488.)
07 USC 255. Deposits of products deemed subject to chapter
TITLE 7 -- AGRICULTURE
Any person who deposits agricultural products for storage in a
warehouse licensed under this chapter shall be deemed to have deposited
the same subject to the terms of this chapter and the rules and
regulations prescribed thereunder.
(Aug. 11, 1916, ch. 313, pt. C, 14, 39 Stat. 488.)
07 USC 256. Inspection and grading of products stored
TITLE 7 -- AGRICULTURE
Any fungible agricultural product stored for interstate or foreign
commerce, or in any place under the exclusive jurisdiction of the United
States, in a warehouse licensed under this chapter, shall be inspected
and graded by a person duly licensed to grade the same under this
chapter.
(Aug. 11, 1916, ch. 313, pt. C, 15, 39 Stat. 488; Feb. 23, 1923,
ch. 106, 42 Stat. 1283.)
1923 -- Act Feb. 23, 1923, struck out ''That grain, flax-seed or''.
07 USC 257. Standards for agricultural products
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized, from time to time, to
establish and promulgate standards for agricultural products by which
their quality or value may be judged or determined: Provided, That the
standards for any agricultural products which have been, or which in
future may be, established by or under authority or any other Act of
Congress shall be, and are, adopted for the purposes of this chapter as
the official standards of the United States for the agricultural
products to which they relate.
(Aug. 11, 1916, ch. 313, pt. C, 19, 39 Stat. 489; Feb. 23, 1923,
ch. 106, 42 Stat. 1284.)
1923 -- Act Feb. 23, 1923, struck out ''in this chapter defined''
after ''products''.
07 USC 258. Mingling products stored
TITLE 7 -- AGRICULTURE
Every warehouseman conducting a warehouse licensed under this chapter
shall keep the agricultural products therein of one depositor so far
separate from agricultural products of other depositors, and from other
agricultural products of the same depositor for which a separate receipt
has been issued, as to permit at all times the identification and
redelivery of the agricultural products deposited; but if authorized by
agreement or by custom, a warehouseman may mingle fungible agricultural
products with other agricultural products of the same kind and grade,
and shall be severally liable to each depositor for the care and
redelivery of his share of such mass, to the same extent and under the
same circumstances as if the agricultural products had been kept
separate, but he shall at no time while they are in his custody mix
fungible agricultural products of different grades.
(Aug. 11, 1916, ch. 313, pt. C, 16, 39 Stat. 488.)
07 USC 259. Security interests
TITLE 7 -- AGRICULTURE
(a) Receipts for products stored
Except as provided in subsection (b) of this section, for all
agricultural products stored for interstate or foreign commerce, or in
any place under the exclusive jurisdiction of the United States, in a
warehouse licensed under this chapter original receipts shall be issued
by the warehouseman conducting the same, but no receipts shall be issued
except for agricultural products actually stored in the warehouse at the
time of the issuance thereof.
(b) Transfer of agricultural products stored in warehouses
(1) Notwithstanding any other provision of this chapter, if a
warehouseman because of a temporary shortage lacks sufficient space to
store the agricultural products of all depositors in a licensed
warehouse, the warehouseman may, in accordance with regulations issued
by the Secretary of Agriculture and subject to such terms and conditions
as the Secretary may prescribe, transfer stored agricultural products
for which receipts have been issued out of such warehouse to another
licensed warehouse for continued storage.
(2) The warehouseman of a licensed warehouse from which agricultural
products have been transferred under paragraph (1) shall deliver to the
rightful owner of such products, on request, at the licensed warehouse
where first deposited, such products in the amount, and of the kind,
quality, and grade, called for by the receipts or other evidence of
storage of such owner.
(c) Central filing system records in lieu of receipts for cotton
stored; delivery of cotton; electronic transmission facilities between
warehouses and systems; system records equivalent to receipts and
ownership interests; recordation and enforcement of liens in central
filing system; warehousemen's liens unaffected; conditions for
delivery on demand of cotton stored
(1)(A) Notwithstanding any other provision of Federal or State law,
the Secretary of Agriculture, or the designated representative of the
Secretary, may provide that in lieu of issuing a receipt for cotton
stored in a warehouse licensed under this chapter or in any other
warehouse the information required to be included in a receipt (i) under
section 260 of this title in the case of a warehouse licensed under this
chapter or (ii) under any applicable State law in the case of a
warehouse not licensed under this chapter shall be recorded instead in a
central filing system or systems maintained in one or more locations in
accordance with regulations issued by the Secretary.
(B) Any such record shall state that the cotton shall be delivered to
a specified person or to the order of the person.
(C) This subsection and subsection (d) of this section shall not
apply to a warehouse that does not have facilities to electronically
transmit and receive information to and from the central filing system.
Nothing in this subsection shall be construed as to require a
warehouseman to obtain the facilities.
(2) Notwithstanding any other provision of Federal or State law:
(A) The record of the possessory interests of persons in cotton
included in any such central filing system shall be deemed to be a
receipt for the purposes of this chapter or State law and shall
establish the possessory interest of persons in the cotton.
(B) Any person designated as a holder of an electronic warehouse
receipt authorized under this subsection and subsection (d) of this
section shall, for the purpose of perfecting the security interest of
the person under Federal or State law with respect to the cotton covered
by the warehouse receipt, be considered to be in possession of the
warehouse receipt. If more than one security interest exist in the
cotton reflected on the electronic warehouse receipt, the priority of
the security interests shall be determined by the applicable Federal or
State law. This subsection is applicable to electronic cotton warehouse
receipts and any other security interests covering cotton stored in a
cotton warehouse, regardless of whether the warehouse is licensed under
this chapter.
(3) A warehouseman conducting a warehouse covered under this
subsection, in the absence of a lawful excuse, shall, without
unnecessary delay, deliver the cotton stored in the warehouse on demand
made by the person named in the record in the central filing system as
the holder of the receipt representing the cotton, if demand is
accompanied by --
(A) an offer to satisfy a valid warehouseman's lien, as determined by
the Secretary; and
(B) an offer to provide an acknowledgement in the central filing
system, if requested by the warehouseman, that the cotton has been
delivered.
(d) Administration of central filing system or systems; imposition
and collection of fees; fund as depository for fees, late payment
penalties, and investments; fund monies available for expenses
(1) The Secretary shall (under such regulations as the Secretary may
prescribe) charge and provide for the collection of reasonable fees to
cover the estimated costs to the Department of Agriculture incident to
the functioning and the maintenance of any central filing system or
systems referred to in subsection (c) of this section that is
administered by the Department of Agriculture.
(2) The Secretary may provide for the fees to be collected by persons
operating the central filing system administered by the Department from
those persons recording information in the central filing system at such
time and in such manner as may be prescribed in regulations issued by
the Secretary.
(3) The fees shall be deposited into a fund which shall be available
without fiscal year limitation for the expenses of the Secretary
incurred in carrying out subsection (c) of this section and this
subsection. Any sums collected or received by the Secretary under this
chapter and deposited to the fund and any late payment penalties
collected by the Secretary and credited to the fund 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 interest
earned on the sums and any late payment penalties collected by the
Secretary shall be credited to the fund and shall be available without
fiscal year limitations for the expenses of the Service incurred in
carrying out subsection (c) of this section and this subsection.
(Aug. 11, 1916, ch. 313, pt. C, 17, 39 Stat. 488; Mar. 20, 1986,
Pub. L. 99-260, 14, 100 Stat. 54; Nov. 28, 1990, Pub. L. 101-624,
title V, 508(a), 104 Stat. 3441; Dec. 13, 1991, Pub. L. 102-237, title
X, 1009, 105 Stat. 1898; Oct. 28, 1992, Pub. L. 102-553, 1, 106 Stat.
4140.)
This chapter, referred to in subsecs. (c)(1)(A), (2) and (d)(3), was
in the original ''this Act'' and was translated as reading ''this
part'', meaning part C of act Aug. 11, 1916, known as the United States
Warehouse Act, to reflect the probable intent of Congress.
1992 -- Subsec. (c)(1)(A). Pub. L. 102-553, 1(1), substituted
''Notwithstanding any other provision of Federal or State law, the
Secretary'' for ''The Secretary'', inserted ''or in any other
warehouse'' after ''licensed under this chapter'', and substituted ''(i)
under section 260 of this title in the case of a warehouse licensed
under this chapter or (ii) under any applicable State law in the case of
a warehouse not licensed under this chapter'' for ''under section 260 of
this title''.
Subsec. (c)(2). Pub. L. 102-553, 1(2), substituted ''provision of
Federal or State law:'' for ''provision of law -- '' in introductory
provisions and in subpar. (A) substituted ''The record'' for ''the
record'', ''possessory'' for ''ownership'' in two places, ''of this
chapter or State law'' for ''of this chapter'', and a period for '';
and'' at end, added subpar. (B) and struck out former subpar. (B)
which read as follows: ''the Secretary may provide for the recording of
liens in the central filing system that shall represent the perfected
security interest of persons whose liens are so recorded and for liens
that are so recorded to be the only liens that are enforceable against
owners and purchasers of cotton registered in the central filing system,
except that nothing in this paragraph shall be construed to alter the
enforceability of the warehouseman's lien.''
Subsec. (c)(3). Pub. L. 102-553, 1(3), substituted ''covered under
this subsection'' for ''licensed under this chapter'' and ''holder'' for
''owner''.
1991 -- Subsec. (c)(1)(B). Pub. L. 102-237 struck out '', or to a
specified person'' after ''specified person''.
1990 -- Subsecs. (c), (d). Pub. L. 101-624 added subsecs. (c) and
(d).
1986 -- Pub. L. 99-260 designated existing provision as subsec.
(a), substituted ''Except as provided in subsection (b) of this section,
for'' for ''For'', and added subsec. (b).
Amendment by Pub. L. 101-624 effective beginning with the 1991 crop
of an agricultural commodity, with provision for prior crops, see
section 1171 of Pub. L. 101-624, set out as a note under section 1421
of this title.
07 USC 260. Contents of receipts
TITLE 7 -- AGRICULTURE
Every receipt issued for agricultural products stored in a warehouse
licensed under this chapter shall embody within its written or printed
terms (a) the location of the warehouse in which the agricultural
products are stored; (b) the date of issue of the receipt; (c) the
consecutive number of the receipt; (d) a statement whether the
agricultural products received will be delivered to the bearer, to a
specified person, or to a specified person or his order; (e) the rate
of storage charges; (f) a description of the agricultural products
received, showing the quantity thereof, or, in case of agricultural
products customarily put up in bales or packages, a description of such
bales or packages by marks, numbers, or other means of identification
and the weight of such bales or packages; (g) the grade or other class
of the agricultural products received and the standard or description in
accordance with which such classification has been made: Provided, That
such grade or other class shall be stated according to the official
standard of the United States applicable to such agricultural products
as the same may be fixed and promulgated under authority of law:
Provided further, That until such official standards of the United
States for any agricultural product or products have been fixed and
promulgated, the grade or other class thereof may be stated in
accordance with any recognized standard or in accordance with such rules
and regulations not inconsistent herewith as may be prescribed by the
Secretary of Agriculture; (h) a statement that the receipt is issued
subject to this chapter and the rules and regulations prescribed
thereunder; (i) if the receipt be issued for agricultural products of
which the warehouseman is owner, either solely or jointly or in common
with others, the fact of such ownership; (j) a statement of the amount
of advances made and of liabilities incurred for which the warehouseman
claims a lien: Provided, That if the precise amount of such advances
made or of such liabilities incurred be at the time of the issue of the
receipt unknown to the warehouseman or his agent who issues it, a
statement of the fact that advances have been made or liabilities
incurred and the purpose thereof shall be sufficient; (k) such other
terms and conditions within the limitations of this chapter as may be
required by the Secretary of Agriculture; and (l) the signature of the
warehouseman, which may be made by his authorized agent: Provided, That
unless otherwise required by the law of the State in which the warehouse
is located, when requested by the depositor of other than fungible
agricultural products, a receipt omitting compliance with subdivision
(g) of this section may be issued: Provided, however, That the
Secretary of Agriculture may in his discretion require that such receipt
have plainly and conspicuously embodied in its written or printed terms
a provision that such receipt is not negotiable.
(Aug. 11, 1916, ch. 313, pt. C, 18, 39 Stat. 488; July 24, 1919,
ch. 26, 41 Stat. 266; Feb. 23, 1923, ch. 106, 42 Stat. 1284.)
1923 -- Act Feb. 23, 1923, inserted last proviso in cl. (l).
1919 -- Act July 24, 1919, struck out ''if it has plainly and
conspicuously embodied in its written or printed terms a provision that
such receipt is not negotiable'' after ''may be issued'' in cl. (l).
07 USC 261. Issuance of further receipt with original outstanding
TITLE 7 -- AGRICULTURE
While an original receipt issued under this chapter is outstanding
and uncanceled by the warehouseman issuing the same no other or further
receipt shall be issued for the agricultural product covered thereby or
for any part thereof, except that in the case of a lost or destroyed
receipt a new receipt, upon the same terms and subject to the same
conditions and bearing on its face the number and date of the receipt in
lieu of which it is issued, may be issued upon compliance with the
statutes of the United States applicable thereto in places under the
exclusive jurisdiction of the United States or upon compliance with the
laws of any State applicable thereto in any place not under the
exclusive jurisdiction of the United States: Provided, That if there be
in such case no statute of the United States or law of a State
applicable thereto such new receipts may be issued upon the giving of
satisfactory security in compliance with the rules and regulations made
pursuant to this chapter.
(Aug. 11, 1916, ch. 313, pt. C, 20, 39 Stat. 489.)
07 USC 262. Delivery of products stored on demand; conditions to
delivery
TITLE 7 -- AGRICULTURE
A warehouseman conducting a warehouse licensed under this chapter, in
the absence of some lawful excuse, shall, without unnecessary delay,
deliver the agricultural products stored therein upon a demand made
either by the holder of a receipt for such agricultural products or by
the depositor thereof if such demand be accompanied with (a) an offer to
satisfy the warehouseman's lien; (b) an offer to surrender the receipt,
if negotiable, with such indorsements as would be necessary for the
negotiation of the receipt; and (c) a readiness and willingness to
sign, when the products are delivered, an acknowledgement that they have
been delivered if such signature is requested by the warehouseman.
(Aug. 11, 1916, ch. 313, pt. C, 21, 39 Stat. 489.)
07 USC 263. Cancellation of receipt on delivery of product stored
TITLE 7 -- AGRICULTURE
A warehouseman conducting a warehouse licensed under this chapter
shall plainly cancel upon the face thereof each receipt returned to him
upon the delivery by him of the agricultural products for which the
receipt was issued.
(Aug. 11, 1916, ch. 313, pt. C, 22, 39 Stat. 490.)
07 USC 264. Records; reports to Secretary of Agriculture; compliance
with provisions of chapter, rules, and regulations
TITLE 7 -- AGRICULTURE
Every warehouseman conducting a warehouse licensed under this chapter
shall keep in a place of safety complete and correct records of all
agricultural products stored therein and withdrawn therefrom, of all
warehouse receipts issued by him, and of the receipts returned to and
canceled by him, shall make reports to the Secretary of Agriculture
concerning such warehouse and the condition, contents, operation, and
business thereof in such form and at such times as he may require, and
shall conduct said warehouse in all other respects in compliance with
this chapter and the rules and regulations made thereunder.
(Aug. 11, 1916, ch. 313, pt. C, 23, 39 Stat. 490.)
07 USC 265. Examination of stored products; publication of findings
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to cause examination to be
made of any agricultural products stored in any warehouse licensed under
this chapter. Whenever, after opportunity for hearing is given to the
warehouseman conducting such warehouse, it is determined that he is not
performing fully the duties imposed on him by this chapter and the rules
and regulations made thereunder, the Secretary may publish his findings.
(Aug. 11, 1916, ch. 313, pt. C, 24, 39 Stat. 490.)
07 USC 266. Publication of investigation of warehousing, names and
locations of bonded warehouses, and revocation of licenses
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture from time to time may publish the
results of any investigations made under section 243 of this title; and
he shall publish the names and locations of warehouses licensed and
bonded and the names and addresses of persons licensed under this
chapter and list of all licenses terminated under this chapter and the
causes therefor.
(Aug. 11, 1916, ch. 313, pt. C, 26, 39 Stat. 490.)
07 USC 267. Examination of books, records, etc., of warehousemen
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized through officials,
employees, or agents of the Department of Agriculture designated by him
to examine all books, records, papers, and accounts of warehouses
licensed under this chapter and of the warehousemen conducting such
warehouses relating thereto.
(Aug. 11, 1916, ch. 313, pt. C, 27, 39 Stat. 490.)
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 268. Rules and regulations
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall from time to time make such rules
and regulations as he may deem necessary for the efficient execution of
the provisions of this chapter.
(Aug. 11, 1916, ch. 313, pt. C, 28, 39 Stat. 490.)
07 USC 269. Cooperation with State authorities; authority of
Secretary; operation of existing laws
TITLE 7 -- AGRICULTURE
In the discretion of the Secretary of Agriculture he is authorized to
cooperate with State officials charged with the enforcement of State
laws relating to warehouses, warehousemen, weighers, graders,
inspectors, samplers, or classifiers; but the power, jurisdiction, and
authority conferred upon the Secretary of Agriculture under this chapter
shall be exclusive with respect to all persons securing a license
hereunder so long as said license remains in effect. This chapter shall
not be construed so as to limit the operation of any statute of the
United States relating to warehouses or to warehousemen, weighers,
graders, inspectors, samplers, or classifiers now in force in the
District of Columbia or in any Territory or other place under the
exclusive jurisdiction of the United States.
(Aug. 11, 1916, ch. 313, pt. C, 29, 39 Stat. 490; Feb. 23, 1923,
ch. 106, 42 Stat. 1285; Mar. 2, 1931, ch. 366, 9, 46 Stat. 1465.)
1931 -- Act Mar. 2, 1931, struck out first clause which read as
follows: ''Nothing in this chapter shall be construed to conflict with,
or to authorize any conflict with, or in any way to impair or limit the
effect or operation of the laws of any State relating to warehouses,
warehousemen, weighers, graders, inspectors, samplers, or
classifiers;'', inserted ''In the discretion of the Secretary of
Agriculture'' in first clause of first sentence and ''but the power,
jurisdiction, and authority conferred upon the Secretary of Agriculture
under this chapter shall be exclusive with respect to all persons
securing a license hereunder so long as said license remains in effect''
in second clause of first section.
1923 -- Act of Feb. 23, 1923, included among the objects to which
the section applied, ''inspectors, and samplers,'' as well as
warehouses, warehousemen, weighers, graders and classifiers as
originally specified.
07 USC 270. Punishment for violations; reimbursement of owner of
products converted
TITLE 7 -- AGRICULTURE
Every person who shall forge, alter, counterfeit, simulate, or
falsely represent, or shall without proper authority use, any license
issued by the Secretary of Agriculture, or his designated
representative, under this chapter, or who shall violate or fail to
comply with any provision of section 250 of this title, or who shall
issue or utter a false or fraudulent receipt or certificate, or furnish
false or fraudulent information to a central filing system maintained
under section 259 of this title, or change in any manner an original
receipt or certificate subsequently to issuance by a licensee, or any
person who, without lawful authority, shall convert to his own use, or
use for purposes of securing a loan, or remove from a licensed warehouse
contrary to this chapter or the regulations promulgated thereunder, any
agricultural products stored or to be stored in such warehouse, and for
which licensed receipts have been or are to be issued, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined not
more than $10,000, or double the value of the products involved if such
double value exceeds $10,000, or imprisoned not more than ten years, or
both, in the discretion of the court, and the owner of the agricultural
products so converted, used, or removed may, in the discretion of the
Secretary of Agriculture, be reimbursed for the value thereof out of any
fine collected hereunder, by check drawn on the Treasury at the
direction of the Secretary of Agriculture for the value of such products
to the extent that such owner has not otherwise been reimbursed. Any
person who shall draw with intent to deceive, a false sample of, or who
shall willfully mutilate or falsely represent a sample drawn under this
chapter, or who shall classify, grade, or weigh fraudulently, any
agricultural products stored or to be stored under the provisions of
this chapter, shall be deemed guilty of a misdemeanor, and upon
conviction thereof fined not more than $500, or imprisoned for not more
than six months, or both, in the discretion of the court.
(Aug. 11, 1916, ch. 313, pt. C, 30, 39 Stat. 490; Feb. 23, 1923,
ch. 106, 42 Stat. 1285; Mar. 2, 1931, ch. 366, 10, 46 Stat. 1465;
Nov. 28, 1990, Pub. L. 101-624, title V, 508(b), 104 Stat. 3443.)
1990 -- Pub. L. 101-624 inserted ''or furnish false or fraudulent
information to a central filing system maintained under section 259 of
this title,''.
1931 -- Act Mar. 2, 1931, in first sentence inserted '', or his
designated representative,'' after ''Secretary of Agriculture'' and ''or
change in any manner an original receipt or certificate subsequently to
issuance by licensee'' after ''certificate'', and substituted ''ten''
for ''one''.
1923 -- Act Feb. 23, 1923, amended section generally.
Amendment by Pub. L. 101-624 effective beginning with the 1991 crop
of an agricultural commodity, with provision for prior crops, see
section 1171 of Pub. L. 101-624, set out as a note under section 1421
of this title.
07 USC 271. Authorization of appropriations; employment of temporary
personnel
TITLE 7 -- AGRICULTURE
There are hereby authorized to be appropriated such sums as are
necessary to carry out the provisions of this chapter other than those
services for which fees are authorized pursuant to section 251 of this
title. Such appropriated funds may be used by the Secretary to employ
qualified persons not regularly in the service of the United States for
temporary assistance in carrying out the provisions of this chapter.
(Aug. 11, 1916, ch. 313, pt. C, 31, 39 Stat. 491; Aug. 13, 1981,
Pub. L. 97-35, title I, 158(a)(2), 95 Stat. 376.)
1981 -- Pub. L. 97-35 inserted provisions respecting authorizing of
appropriations.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
158(b) of Pub. L. 97-35, set out as a note under section 251 of this
title.
07 USC 272. Separability
TITLE 7 -- AGRICULTURE
If any clause, sentence, paragraph, or part of this chapter shall,
for any reason, be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
(Aug. 11, 1916, ch. 313, pt. C, 32, 39 Stat. 491.)
07 USC 273. Rights reserved
TITLE 7 -- AGRICULTURE
The right to amend, alter or repeal this chapter is expressly
reserved.
(Aug. 11, 1916, ch. 313, pt. C, 33, 39 Stat. 491.)
07 USC CHAPTER 11 -- HONEYBEES
TITLE 7 -- AGRICULTURE
Sec.
281. Importation of honeybees and honeybee semen restricted.
(a) Honeybees.
(b) Honeybee semen.
(c) Rules and regulations.
(d) Destruction or immediate exportation of nonexcepted honeybees or
honeybee semen offered for import or intercepted.
(e) ''Honeybee'' defined.
282. Punishment for unlawful importation.
283. Propagation of stock and release of germ plasm.
284. Eradication and control of undesirable species and subspecies.
(a) Operations in United States.
(b) Cooperation with certain foreign governments; measure and
character; consultation with Secretary of State.
(c) Responsibility for authority to carry out operations.
285. Uses of funds.
286. Authorization of appropriations.
07 USC 281. Importation of honeybees and honeybee semen restricted
TITLE 7 -- AGRICULTURE
(a) Honeybees
In order to prevent the introduction and spread of diseases and
parasites harmful to honeybees, and the introduction of genetically
undesirable germ plasm of honeybees, the importation into the United
States of all honeybees is prohibited, except that honeybees may be
imported into the United States --
(1) by the United States Department of Agriculture for experimental
or scientific purposes, or
(2) from countries determined by the Secretary of Agriculture --
(A) to be free of diseases or parasites harmful to honeybees, and
undesirable species or subspecies of honeybees; and
(B) to have in operation precautions adequate to prevent the
importation of honeybees from other countries where harmful diseases or
parasites, or undesirable species or subspecies, of honeybees exist.
(b) Honeybee semen
Honeybee semen may be imported into the United States only from
countries determined by the Secretary of Agriculture to be free of
undesirable species or subspecies of honeybees, and which have in
operation precautions adequate to prevent the importation of such
undesirable honeybees and their semen.
(c) Rules and regulations
Honeybees and honeybee semen imported pursuant to subsections (a) and
(b) of this section shall be imported under such rules and regulations
as the Secretary of Agriculture and the Secretary of the Treasury shall
prescribe.
(d) Destruction or immediate exportation of nonexcepted honeybees or
honeybee semen offered for import or intercepted
Except with respect to honeybees and honeybee semen imported pursuant
to subsections (a) and (b) of this section, all honeybees or honeybee
semen offered for import or intercepted entering the United States shall
be destroyed or immediately exported.
(e) ''Honeybee'' defined
As used in this chapter, the term ''honeybee'' means all life stages
and the germ plasm of honeybees of the genus Apis, except honeybee
semen.
(Aug. 31, 1922, ch. 301, 1, 42 Stat. 833; July 19, 1962, Pub. L.
87-539, 1, 76 Stat. 169; June 25, 1976, Pub. L. 94-319, 1, 90 Stat.
709.)
1976 -- Pub. L. 94-319 incorporated existing provisions, which
related only to honeybees, into subsecs. (a) to (e) relating to
honeybees and honeybee semen, making honeybee provisions applicable to
all life stages and the germ plasm of honeybees instead of only to
honeybees in the adult stage, restating purpose of prohibiting
importation of honeybees and restating conditions to be determined by
Secretary of Agriculture with respect to countries from which honeybees
may be imported.
1962 -- Pub. L. 87-539 enlarged prohibition against importation of
honeybees to include the honeybee of the genus Apis instead of only the
honeybee Apis mellifica and restricted permission to import the honeybee
to countries which take adequate precautions to prevent importation of
honeybees from countries where dangerous diseases exist.
Act Aug. 31, 1922, as amended, which is classified to this chapter,
is popularly known as the ''Honeybee Act''.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 282. Punishment for unlawful importation
TITLE 7 -- AGRICULTURE
Any person who violates any provision of section 281 of this title or
any regulation issued under it is guilty of an offense against the
United States and shall, upon conviction, be fined not more than $1,000,
or imprisoned for not more than one year, or both.
(Aug. 31, 1922, ch. 301, 2, 42 Stat. 834; June 25, 1976, Pub. L.
94-319, 2, 90 Stat. 709.)
1976 -- Pub. L. 94-319 inserted reference to regulations,
substituted characterization of violation as offense against the United
States for characterization as a misdemeanor, increased maximum fine to
$1,000 from $500 and struck out provision relating to discretion of the
court.
07 USC 283. Propagation of stock and release of germ plasm
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may propagate bee-breeding stock and may
release bee germ plasm to the public.
(Sept. 21, 1944, ch. 412, title I, 103, 58 Stat. 735; Oct. 31,
1951, ch. 654, 3(1), 65 Stat. 708; Dec. 22, 1981, Pub. L. 97-98, title
XI, 1120, 95 Stat. 1273.)
This section was not enacted as part of act Aug. 31, 1922, which
comprises this chapter.
Provisions similar to this section were contained in the following
prior Department of Agriculture Appropriation Acts:
June 28, 1944, ch. 296, 58 Stat. 439.
July 12, 1943, ch. 215, 57 Stat. 407.
1981 -- Pub. L. 97-98 inserted ''and may release bee germ plasm to
the public''.
1951 -- Act Oct. 31, 1951, struck out provisions relating to sale of
surplus bee-breeding stock, and the fixing of rates and disposition of
proceeds in connection therewith.
Amendment by Pub. L. 97-98 effective on Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
07 USC 284. Eradication and control of undesirable species and
subspecies
TITLE 7 -- AGRICULTURE
(a) Operations in United States
The Secretary of Agriculture either independently or in cooperation
with States or political subdivisions thereof, farmers' associations,
and similar organizations and individuals, is authorized to carry out
operations or measures in the United States to eradicate, suppress,
control, and to prevent or retard the spread of undesirable species and
subspecies of honeybees.
(b) Cooperation with certain foreign governments; measure and
character; consultation with Secretary of State
The Secretary of Agriculture is authorized to cooperate with the
Governments of Canada, Mexico, Guatemala, Belize, Honduras, El Salvador,
Nicaragua, Costa Rica, Panama, and Colombia, or the local authorities
thereof, in carrying out necessary research, surveys, and control
operations in those countries in connection with the eradication,
suppression, control, and prevention or retardation of the spread of
undesirable species and subspecies of honeybees, including but not
limited to Apis mellifera adansonii, commonly known as the African or
Brazilian honeybee. The measure and character of cooperation carried
out under this subsection on the part of such countries, including the
expenditure or use of funds appropriated pursuant to this chapter, shall
be such as may be prescribed by the Secretary of Agriculture.
Arrangements for the cooperation authorized by this subsection shall be
made through and in consultation with the Secretary of State.
(c) Responsibility for authority to carry out operations
In performing the operations or measures authorized in this chapter,
the cooperating foreign country, State, or local agency shall be
responsible for the authority to carry out such operations or measures
on all lands and properties within the foreign country or State, other
than those owned or controlled by the Federal Government of the United
States, and for such other facilities and means as in the discretion of
the Secretary of Agriculture are necessary.
(Aug. 31, 1922, ch. 301, 3, as added June 25, 1976, Pub. L. 94-319,
3, 90 Stat. 709.)
Pub. L. 91-524, title VIII, 804, Nov. 30, 1970, 84 Stat. 1382, as
amended by Pub. L. 93-86, 1(27)(A), Aug. 10, 1973, 87 Stat. 237;
Pub. L. 95-113, title II, 207, Sept. 29, 1977, 91 Stat. 921, provided
that:
''(a) The Secretary of Agriculture is authorized to make indemnity
payments to beekeepers who through no fault of their own have suffered
losses of honey bees after January 1, 1967, as a result of utilization
of economic poisons near or adjacent to the property on which the
beehives of such beekeepers were located.
''(b) The amount of the indemnity payment in the case of any
beekeeper shall be determined on the basis of the net loss sustained by
such beekeeper as a result of the loss of his honey bees.
''(c) Indemnity payments shall be made only in cases in which the
loss occurred as a result of the use of economic poisons which had been
registered and approved for use by the Federal Government.
''(d) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act.
''(e) The Secretary is authorized to issue such regulations as he
deems necessary to carry out the purposes of this section.
''(f) The provisions of this section shall not be in effect after
September 30, 1981.''
07 USC 285. Uses of funds
TITLE 7 -- AGRICULTURE
Funds appropriated to carry out the provisions of this chapter may
also be used for printing and binding without regard to section 501 of
title 44 for employment, by contract or otherwise, of civilian nationals
of Canada, Mexico, Guatemala, Belize, Honduras, El Salvador, Nicaragua,
Costa Rica, Panama, and Colombia for services abroad, and for the
construction and operation of research laboratories, quarantine
stations, and other buildings and facilities.
(Aug. 31, 1922, ch. 301, 4, as added June 25, 1976, Pub. L. 94-319,
3, 90 Stat. 710.)
07 USC 286. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this chapter.
(Aug. 31, 1922, ch. 301, 5, as added June 25, 1976, Pub. L. 94-319,
3, 90 Stat. 710.)
07 USC CHAPTER 12 -- ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS
TITLE 7 -- AGRICULTURE
Sec.
291. Authorization of associations; powers.
292. Monopolizing or restraining trade and unduly enhancing prices
prohibited; remedy and procedure.
07 USC 291. Authorization of associations; powers
TITLE 7 -- AGRICULTURE
Persons engaged in the production of agricultural products as
farmers, planters, ranchmen, dairymen, nut or fruit growers may act
together in associations, corporate or otherwise, with or without
capital stock, in collectively processing, preparing for market,
handling, and marketing in interstate and foreign commerce, such
products of persons so engaged. Such associations may have marketing
agencies in common; and such associations and their members may make
the necessary contracts and agreements to effect such purposes:
Provided, however, That such associations are operated for the mutual
benefit of the members thereof, as such producers, and conform to one or
both of the following requirements:
First. That no member of the association is allowed more than one
vote because of the amount of stock or membership capital he may own
therein, or,
Second. That the association does not pay dividends on stock or
membership capital in excess of 8 per centum per annum.
And in any case to the following:
Third. That the association shall not deal in the products of
nonmembers to an amount greater in value than such as are handled by it
for members.
(Feb. 18, 1922, ch. 57, 1, 42 Stat. 388.)
Agricultural Fair Practices Act of 1967, association of producers as
meaning associations referred to in this section, see section 2302 of
this title.
''Cooperative association of producers'' defined, see section 2 of
this title.
Cooperative marketing, see sections 451 to 457 of this title.
07 USC 292. Monopolizing or restraining trade and unduly enhancing
prices prohibited; remedy and procedure
TITLE 7 -- AGRICULTURE
If the Secretary of Agriculture shall have reason to believe that any
such association monopolizes or restrains trade in interstate or foreign
commerce to such an extent that the price of any agricultural product is
unduly enhanced by reason thereof, he shall serve upon such association
a complaint stating his charge in that respect, to which complaint shall
be attached, or contained therein, a notice of hearing, specifying a day
and place not less than thirty days after the service thereof, requiring
the association to show cause why an order should not be made directing
it to cease and desist from monopolization or restraint of trade. An
association so complained of may at the time and place so fixed show
cause why such order should not be entered. The evidence given on such
a hearing shall be taken under such rules and regulations as the
Secretary of Agriculture may prescribe, reduced to writing, and made a
part of the record therein. If upon such hearing the Secretary of
Agriculture shall be of the opinion that such association monopolizes or
restrains trade in interstate or foreign commerce to such an extent that
the price of any agricultural product is unduly enhanced thereby, he
shall issue and cause to be served upon the association an order
reciting the facts found by him, directing such association to cease and
desist from monopolization or restraint of trade. On the request of
such association or if such association fails or neglects for thirty
days to obey such order, the Secretary of Agriculture shall file in the
district court in the judicial district in which such association has
its principal place of business a certified copy of the order and of all
the records in the proceeding, together with a petition asking that the
order be enforced, and shall give notice to the Attorney General and to
said association of such filing. Such district court shall thereupon
have jurisdiction to enter a decree affirming, modifying, or setting
aside said order, or enter such other decree as the court may deem
equitable, and may make rules as to pleadings and proceedings to be had
in considering such order. The place of trial may, for cause or by
consent of parties, be changed as in other causes.
The facts found by the Secretary of Agriculture and recited or set
forth in said order shall be prima facie evidence of such facts, but
either party may adduce additional evidence. The Department of Justice
shall have charge of the enforcement of such order. After the order is
so filed in such district court and while pending for review therein the
court may issue a temporary writ of injunction forbidding such
association from violating such order or any part thereof. The court
may, upon conclusion of its hearing, enforce its decree by a permanent
injunction or other appropriate remedy. Service of such complaint and
of all notices may be made upon such association by service upon any
officer or agent thereof engaged in carrying on its business, or on any
attorney authorized to appear in such proceedings for such association,
and such service shall be binding upon such association, the officers,
and members thereof.
(Feb. 18, 1922, ch. 57, 2, 42 Stat. 388.)
For provisions restricting the use of funds authorized to be
appropriated to carry out section 41 et seq. of Title 15, Commerce and
Trade, for fiscal year 1980, 1981, or 1982, for the purpose of
conducting any study, investigation, or prosecution of any provisions of
this chapter, see section 20 of Pub. L. 96-252, set out as a note under
section 57c of Title 15.
Application of Rules of Civil Procedure, see Rule 81, Title 28,
Appendix, Judiciary and Judicial Procedure.
Preliminary and permanent injunctions, see Rule 65.
''Cooperative association of producers'' defined, see section 2 of
this title.
07 USC CHAPTER 13 -- AGRICULTURAL AND MECHANICAL COLLEGES
TITLE 7 -- AGRICULTURE
Sec.
301. Land grant aid of colleges.
302. Method of apportionment and selection; issuance of land scrip.
303. Management expenses paid by State.
304. Investment of proceeds of sale of land or scrip.
305. Conditions of grant.
306. Repealed.
307. Fees for locating land scrip.
308. Reports by State governors of sale of scrip.
321. Secretary of Agriculture to administer annual college-aid
appropriation.
322. Annual appropriation.
323. Racial discrimination by colleges restricted.
324. Time, manner, etc., of annual payments.
325. State to replace funds misapplied, etc.; restrictions on use of
funds; reports by colleges.
326. Ascertainment and certification of amounts due States;
certificates withheld from States; appeal to Congress.
326a. Annual appropriations for Puerto Rico, Virgin Islands,
American Samoa, Guam, Northern Mariana Islands, and Trust Territory of
the Pacific Islands.
327. Repealed.
328. Power to amend, repeal, etc., reserved.
329. Additional appropriation for agricultural colleges.
331. Retirement of land-grant college employees.
341. Cooperative extension work by colleges.
342. Cooperative agricultural extension work; cooperation with
Secretary of Agriculture.
343. Appropriations; distribution; allotment and apportionment;
Federal Extension Service.
343a to 343g. Repealed or Transferred.
344. Ascertainment of entitlement; guidelines concerning conflicts
of interest among employees; time and manner of payment; reports of
receipts and disbursements.
345. Replacement of diminished, lost or misapplied funds;
restrictions on use; reports of colleges.
346. Report of nonentitlement to President; retention in Treasury;
appeal and disposition.
347. Repealed.
347a. Disadvantaged agricultural areas.
(a) Congressional findings.
(b) Appropriation.
(c) Assistance.
(d) Allocation of funds.
(e) Appropriation as additional; limitation on amount.
348. Rules and regulations.
349. ''State'' defined.
07 USC SUBCHAPTER I -- COLLEGE-AID LAND APPROPRIATION
TITLE 7 -- AGRICULTURE
551c, 582a-1, 1672; title 20 section 1060; title 22
section 2220a; title 42 sections 1788, 10303.
07 USC 301. Land grant aid of colleges
TITLE 7 -- AGRICULTURE
There is granted to the several States, for the purposes hereinafter
mentioned in this subchapter, an amount of public land, to be
apportioned to each State a quantity equal to thirty thousand acres for
each Senator and Representative in Congress to which the States are
respectively entitled by the apportionment under the census of 1860:
Provided, That no mineral lands shall be selected or purchased under the
provisions of said sections.
(July 2, 1862, ch. 130, 1, 12 Stat. 503.)
Act July 2, 1862, with the exception of section 7, was not
incorporated into the Revised Statutes, probably because the grants made
thereby were regarded as executed, and the provisions incidental thereto
as temporary. By act Mar. 3, 1883, ch. 102, 22 Stat. 484, however,
section 4 of the original act was amended to read as set out under
section 304 of this title.
Act July 2, 1862, as amended, which is classified to this subchapter,
is popularly known as the ''Morrill Act'' and also as the ''First
Morrill Act''.
Pub. L. 96-374, title XIII, 1361(c), (d), Oct. 3, 1980, 94 Stat.
1502, as amended by Pub. L. 99-396, 9(c), Aug. 27, 1986, 100 Stat.
840, provided that:
''(c) Any provision of any Act of Congress relating to the operation
of or provision of assistance to a land grant college in the Virgin
Islands or Guam shall apply to the land grant college in American Samoa,
the Northern Mariana Islands, and the Trust Territory of the Pacific
Islands (other than the Northern Mariana Islands) in the same manner and
to the same extent.
''(d) Nothing in this section (amending section 326a of this title
and provisions set out as a note below) shall be construed to interfere
with or affect any of the provisions of the April 17, 1900 Treaty of
Cession of Tutuila and Aunu'u Islands or the July 16, 1904 Treaty of
Cession of the Manu'a Islands as ratified by the Act of February 20,
1929 (45 Stat. 1253) and the Act of May 22, 1929 (46 Stat. 4) (48 U.S.C.
1431a).''
Status; Authorization of Appropriations
Section 506(a), (b) of Pub. L. 92-318, title V, June 23, 1972, 86
Stat. 350, as amended by Pub. L. 96-374, title XIII, 1361(a), Oct.
3, 1980, 94 Stat. 1501; Pub. L. 99-396, 9(a), Aug. 27, 1986, 100
Stat. 840, as amended by Pub. L. 102-247, title III, 305, Feb. 24,
1992, 106 Stat. 39, provided that:
''(a) The College of the Virgin Islands, the Community College of
American Samoa, the College of Micronesia(,) the Northern Marianas
College, and the University of Guam shall be considered land-grant
colleges established for the benefit or agriculture and mechanic arts in
accordance with the provisions of the Act of July 2, 1862, as amended
(12 Stat. 503; 7 U.S.C. 301-305, 307, 308).
''(b) In lieu of extending to the Virgin Islands, Guam, American
Samoa, Micronesia, and the Northern Mariana Islands those provisions of
the Act of July 2, 1862, as amended, relating to donations of public
land or land scrip for the endowment and maintenance of colleges or the
benefit of agriculture and the mechanic arts, there is authorized to be
appropriated $3,000,000 to the Virgin Islands and $3,000,000 to Guam and
an equal amount to American Samoa, Micronesia, and to the Northern
Mariana Islands. Amounts appropriated pursuant to this section shall be
held and considered to have been granted to the Virgin Islands, Guam,
American Samoa, Micronesia, and the Northern Mariana Islands subject to
the provisions of that Act applicable to the proceeds from the sale of
land or land scrip.''
Pub. L. 85-282, Sept. 4, 1957, 71 Stat. 607, provided: ''That,
notwithstanding the provisions of the Act entitled 'An Act donating
public lands to the several States and Territories which may provide
colleges for the benefit of agriculture and the mechanic arts', approved
July 2, 1862 (7 U.S.C. secs. 301-308), the State of Missouri is
authorized to convey to the United States all right, title, and interest
of such State in and to any land granted to such State under authority
of such Act of July 2, 1862, which is located within the exterior
boundaries of the national forests situated within such State, and, in
exchange therefor, the Secretary of Agriculture is authorized to convey
to the State of Missouri all right, title, and interest of the United
States in and to not to exceed an equal value of national forest lands
(as determined by the Secretary) situated within such State.
''Sec. 2. Any exchange authorized by the first section of this Act
shall be made in accordance with the applicable provisions of section 7
of the Act of March 1, 1911, commonly referred to as the Weeks Law (16
U.S.C., sec. 516), and the applicable provisions of the Act entitled 'An
Act to consolidate national forest lands', approved March 20, 1922 (16
U.S.C., secs. 485 and 486).
''Sec. 3. Any land conveyed to the State of Missouri under authority
of this Act shall, upon acceptance of such conveyance by such State, be
held and considered to be granted to such State subject to the
provisions of the Act of July 2, 1862, referred to in the first section
of this Act.''
Section 2(b) of act Apr. 28, 1947, ch. 43, 61 Stat. 55, provided:
''The Secretary of Agriculture and the Secretary of Labor shall take
such action as may be necessary to assure maximum cooperation between
the agricultural extension services of the land-grant colleges and the
State public employment agencies in the recruitment and placement of
domestic farm labor and in the keeping of such records and information
with respect thereto as may be necessary for the proper and efficient
administration of the State unemployment compensation laws and of title
V of the Servicemen's Readjustment Act of 1944, as amended (58 Stat.
295).''
Alaska
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16,
as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Land grant under Alaska Statehood provisions as being in lieu of
grant of acreage under sections 301 to 305, 307, 308 of this title
(declared not to extend to Alaska), see section 6(l) of Pub. L.
85-508, set out as a note preceding section 21 of Title 48.
Agricultural experiment stations, see section 361a et seq. of this
title.
Agricultural extension work appropriation, see sections 341 to 343,
344 to 346, and 348 of this title.
College-aid annual appropriation, see sections 321 to 326 and 328 of
this title.
Research and study grants to land-grant colleges for farm housing
research, see note set out under section 1476 of Title 42, The Public
Health and Welfare.
Water resources research and technology institutes, establishment at
colleges or universities founded in accordance with this subchapter, see
section 10303(a) of Title 42.
07 USC 302. Method of apportionment and selection; issuance of land
scrip
TITLE 7 -- AGRICULTURE
The land aforesaid, after being surveyed, shall be apportioned to the
several States in sections or subdivisions of sections, not less than
one-quarter of a section; and whenever there are public lands in a
State subject to sale at private entry at $1.25 per acre, the quantity
to which said State shall be entitled shall be selected from such lands
within the limits of such State, and the Secretary of the Interior is
directed to issue to each of the States in which there is not the
quantity of public lands subject to sale at private entry at $1.25 per
acre, to which said State may be entitled under the provisions of this
subchapter, land scrip to the amount in acres for the deficiency of its
distributive share; said scrip to be sold by said States and the
proceeds thereof applied to the uses and purposes prescribed in said
sections, and for no other use or purpose whatsoever: Provided, That in
no case shall any State to which land scrip may thus be issued be
allowed to locate the same within the limits of any other State, or of
any Territory of the United States, but their assignees may thus locate
said land scrip upon any of the unappropriated lands of the United
States subject to sale at private entry at $1.25, or less, per acre:
And provided further, That not more than one million acres shall be
located by such assignees in any one of the States: And provided
further, That no such location shall be made before July 2, 1863.
(July 2, 1862, ch. 130, 2, 12 Stat. 503.)
07 USC 303. Management expenses paid by State
TITLE 7 -- AGRICULTURE
All the expenses of management, superintendence, and taxes from date
of selection of said lands, previous to their sales, and all expenses
incurred in the management and disbursement of the moneys which may be
received therefrom, shall be paid by the States to which they may
belong, out of the treasury of said States, so that the entire proceeds
of the sale of said lands shall be applied without any diminution
whatever to the purposes in sections 304, 305, 307 and 308 of this title
mentioned.
(July 2, 1862, ch. 130, 3, 12 Stat. 504.)
07 USC 304. Investment of proceeds of sale of land or scrip
TITLE 7 -- AGRICULTURE
All moneys derived from the sale of lands as provided in section 302
of this title by the States to which lands are apportioned and from the
sales of land scrip provided for in said section shall be invested in
bonds of the United States or of the States or some other safe bonds;
or the same may be invested by the States having no State bonds, in any
manner after the legislatures of such States shall have assented thereto
and engaged that such funds shall yield a fair and reasonable rate of
return, to be fixed by the State legislatures, and that the principal
thereof shall forever remain unimpaired: Provided, That the moneys so
invested or loaned shall constitute a perpetual fund, the capital of
which shall remain forever undiminished (except so far as may be
provided in section 305 of this title), and the interest of which shall
be inviolably appropriated, by each State which may take and claim the
benefit of this subchapter, to the endowment, support, and maintenance
of at least one college where the leading object shall be, without
excluding other scientific and classical studies and including military
tactics, to teach such branches of learning as are related to
agriculture and the mechanic arts, in such manner as the legislatures of
the States may respectively prescribe, in order to promote the liberal
and practical education of the industrial classes in the several
pursuits and professions in life.
(July 2, 1862, ch. 130, 4, 12 Stat. 504; Mar. 3, 1883, ch. 102, 22
Stat. 484; Apr. 13, 1926, ch. 130, 44 Stat. 247.)
1926 -- Act Apr. 13, 1926, substituted ''bonds'' for ''stocks'' and
''a fair and reasonable rate of return, to be fixed by the State
Legislatures'' for ''not less than 5 per centum upon the amount so
invested'', before proviso.
1883 -- Act Mar. 3, 1883, inserted ''or the same may be invested by
the States having no State stocks, in any other manner after the
legislatures of such States shall have assented thereto, and engaged
that such funds shall'' after ''other safe stocks'' and substituted
''yield'' for ''yielding'', ''principal'' for ''capital'' and
''unimpaired'' for ''undiminished''.
07 USC 305. Conditions of grant
TITLE 7 -- AGRICULTURE
The grant of land and land scrip hereby authorized shall be made on
the following conditions, to which, as well as to the provisions
contained in said sections, the previous assent of the several States
shall be signified by legislative acts:
First. If any portion of the fund invested, as provided by section
304 of this title, or any portion of the interest thereon, shall, by any
action or contingency, be diminished or lost, it shall be replaced by
the State to which it belongs, so that the capital of the fund shall
remain forever undiminished; and the annual interest shall be regularly
applied without diminution to the purposes mentioned in section 304 of
this title, except that a sum, not exceeding 10 per centum upon the
amount received by any State under the provisions of this subchapter,
may be expended for the purchase of lands for sites or experimental
farms, whenever authorized by the respective legislatures of said
States.
Second. No portion of said fund, nor the interest thereon, shall be
applied, directly or indirectly, under any pretense whatever, to the
purchase, erection, preservation, or repair of any building or
buildings.
Third. Any State which may take and claim the benefit of the
provisions of this subchapter shall provide, within five years from the
time of its acceptance as provided in subdivision seven of this section,
at least not less than one college, as described in section 304 of this
title, or the grant to such State shall cease; and said State shall be
bound to pay the United States the amount received of any lands
previously sold, and the title to purchasers under the State shall be
valid.
Fourth. An annual report shall be made regarding the progress of each
college, recording any improvements and experiments made, with their
cost and results, and such other matters, including State industrial and
economical statistics, as may be supposed useful; one copy of which
shall be transmitted by mail, by each, to all the other colleges which
may be endowed under the provisions of this subchapter, and also one
copy to the Secretary of the Interior.
Fifth. When lands shall be selected from those which have been raised
to double the minimum price, in consequence of railroad grants, they
shall be computed to the States at the maximum price, and the number of
acres proportionally diminished.
Sixth. No State while in a condition of rebellion or insurrection
against the Government of the United States shall be entitled to the
benefit of the provisions of this subchapter.
Seventh. No State shall be entitled to the benefits of the provisions
of this subchapter unless it shall express its acceptance thereof by its
legislature within three years from July 23, 1866: Provided, That when
any Territory shall become a State and be admitted into the Union, such
new State shall be entitled to the benefits of the provisions of said
sections, by expressing the acceptance therein required within three
years from the date of its admission into the Union, and providing the
college or colleges within five years after such acceptance, as
heretofore prescribed in this chapter.
(July 2, 1862, ch. 130, 5, 12 Stat. 504; July 23, 1866, ch. 209, 14
Stat. 208; Mar. 3, 1873, ch. 231, 3, 17 Stat. 559.)
Subd. fourth was repealed in part by act March 3, 1873, which
provided in part: ''That all laws and parts of laws permitting the
transmission by mail of any free matter whatever be, and the same are
hereby, repealed from and after June thirtieth, eighteen hundred and
seventy-three.''
Subd. seventh formerly contained a proviso which read as follows:
''Provided further, That any State which has prior to July 23, 1866,
expressed its acceptance of the foregoing provisions of this chapter
shall have the period of five years within which to provide at least one
college, as described in the fourth section of said act, after the time
for providing said college, according to the act of July second,
eighteen hundred and sixty-two shall have expired.''
07 USC 306. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1028
TITLE 7 -- AGRICULTURE
Section, act July 2, 1862, ch. 130, 6, 12 Stat. 505, related to
time of location of land scrip.
07 USC 307. Fees for locating land scrip
TITLE 7 -- AGRICULTURE
The land officers shall receive the same fees for locating land scrip
issued under the provisions of this subchapter as was on July 2, 1862,
allowed for the location of military bounty land warrants under laws
existing at that time: Provided, That their maximum compensation shall
not be thereby increased.
(July 2, 1862, ch. 130, 7, 12 Stat. 505.)
07 USC 308. Reports by State governors of sale of scrip
TITLE 7 -- AGRICULTURE
The governors of the several States to which scrip shall be issued
under the provisions of this subchapter shall be required to report
annually to Congress all sales made of such scrip until the whole shall
be disposed of, the amount received for the same, and what appropriation
has been made of the proceeds.
(July 2, 1862, ch. 130, 8, 12 Stat. 505.)
07 USC SUBCHAPTER II -- COLLEGE-AID ANNUAL APPROPRIATION
TITLE 7 -- AGRICULTURE
sections 551c, 1672, 1673; title 20 section 3441;
title 22 section 2220a; title 42 section 1788.
07 USC 321. Secretary of Agriculture to administer annual college-aid
appropriation
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is charged with the proper
administration of this subchapter.
(Aug. 30, 1890, ch. 841, 4, 26 Stat. 419; 1939 Reorg. Plan No. 1,
201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Oct. 17, 1979, Pub. L. 96-88, title III, 301(a)(2)(E), 93 Stat. 677;
Dec. 22, 1981, Pub. L. 97-98, title XIV, 1419, 95 Stat. 1306.)
Section constitutes part of section 4 of act Aug. 30, 1890.
Remainder of section 4 is classified to section 326 of this title.
Act Aug. 30, 1890, as amended, which is classified to this
subchapter, is popularly known as the ''Agricultural College Act of
1890'' and also as the ''Second Morrill Act''.
Functions and duties of Secretary of Education under this subchapter
transferred to Secretary of Agriculture by section 1419 of Pub. L.
97-98.
Functions of Secretary of Health, Education, and Welfare under this
subchapter transferred to Secretary of Education by section 301(a)(2)(E)
of Pub. L. 96-88, which is classified to section 3441(a)(2)(E) of Title
20, Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title
5, Government Organization and Employees. Federal Security Agency and
office of Administrator abolished by section 8 of 1953 Reorg. Plan No.
1.
Prior to July 1, 1939, functions of Secretary of the Interior under
this subchapter were carried out through Office of Education of
Department of the Interior. Office of Education and its functions
transferred to Federal Security Administrator by section 204 of 1939
Reorg. Plan No. 1, set out in the Appendix to Title 5.
Moneys received from the sale and disposal of public lands in certain
States and Territories were appropriated to a ''reclamation fund'', for
the reclamation of arid and semi-arid lands, by the Reclamation Act of
June 17, 1902, ch. 1093, 1, 32 Stat. 388, and, by a proviso annexed
to that section, in case the receipts from the sale and disposal of
other public lands are insufficient to meet the requirements for the
support of agricultural colleges under this act, the sum necessary is to
be provided from any moneys in the Treasury not otherwise appropriated.
See section 391 et seq. of Title 43, Public Lands.
Additional aid for agricultural college extension work, see sections
341 to 343, 344 to 346, and 347a to 349 of this title.
College land-aid appropriation, see sections 301 to 305, 307, and 308
of this title.
07 USC 322. Annual appropriation
TITLE 7 -- AGRICULTURE
There is annually appropriated, out of any money in the Treasury not
otherwise appropriated, to be paid as provided in section 324 of this
title, to each State and Territory for the more complete endowment and
maintenance of colleges for the benefit of agriculture and the mechanic
arts established in accordance with the provisions of subchapter I of
this chapter, $50,000 to be applied only to instruction in food and
agricultural sciences, and to the facilities for such instruction:
Provided, That said colleges may use a portion of this money for
providing courses for the special preparation of instructors for
teaching the elements of food and agricultural sciences.
(Aug. 30, 1890, ch. 841, 1, 26 Stat. 417; Mar. 4, 1907, ch. 2907,
34 Stat. 1281, 1282; Dec. 22, 1981, Pub. L. 97-98, title XIV, 1421, 95
Stat. 1306.)
Section is based on a part of section 1 of act Aug. 30, 1890, and
the tenth and eleventh pars. under the heading ''Emergency
Appropriations'' of act Mar. 4, 1907. Remainder of section 1 of act
Aug. 30, 1890, is classified to section 323 of this title.
1981 -- Pub. L. 97-98 substituted ''food and agricultural sciences''
for ''agriculture, the mechanic arts, the English language, and the
various branches of mathematical, physical, natural, and economic
science, with special reference to their applications in the industries
of life'' and ''the elements of food and agricultural sciences'' for
''the elements of agriculture and the mechanic arts''.
1907 -- Act Mar. 4, 1907, substituted ''$50,000'' for ''$25,000'',
and inserted proviso.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
For transfer of functions under this section to Secretary of
Agriculture, see note set out under section 321 of this title.
Additional appropriation for agricultural colleges, see section 329
of this title.
07 USC 323. Racial discrimination by colleges restricted
TITLE 7 -- AGRICULTURE
No money shall be paid out under this subchapter to any State or
Territory for the support or maintenance of a college where a
distinction of race or color is made in the admission of students, but
the establishment and maintenance of such colleges separately for white
and colored students shall be held to be a compliance with the
provisions of said sections if the funds received in such State or
Territory be equitably divided as hereinafter set forth: Provided, That
in any State in which there has been one college established in
pursuance of subchapter I of this chapter, and also in which an
educational institution of like character has been established, or may
be hereafter established, and is on August 30, 1890, aided by such State
from its own revenue, for the education of colored students in
agriculture and the mechanic arts, however named or styled, or whether
or not it has received money prior to August 30, 1890, under said
subchapter I, the legislature of such State may propose and report to
the Secretary of Agriculture a just and equitable division of the fund
to be received under this subchapter between one college for white
students and one institution for colored students established as
aforesaid, which shall be divided into two parts and paid accordingly,
and thereupon such institution for colored students shall be entitled to
the benefits of said sections and subject to their provisions, as much
as it would have been if it had been included under subchapter I of this
chapter, and the fulfillment of the foregoing provisions shall be taken
as a compliance with the provision in reference to separate colleges for
white and colored students.
(Aug. 30, 1890, ch. 841, 1, 26 Stat. 417; 1939 Reorg. Plan No. 1,
201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Oct. 17, 1979, Pub. L. 96-88, title III, 301(a)(2)(E), 93 Stat. 677;
Dec. 22, 1981, Pub. L. 97-98, title XIV, 1419, 95 Stat. 1306.)
Section constitutes part of section 1 of act Aug. 30, 1890.
Remainder of section 1 is classified to section 322 of this title.
For transfer of functions under this section to Secretary of
Agriculture, see note set out under section 321 of this title.
07 USC 324. Time, manner, etc., of annual payments
TITLE 7 -- AGRICULTURE
The sums appropriated by this subchapter to the States and
Territories for the further endowment and support of colleges shall be
annually paid on or before the 31st day of October of each year, by the
Secretary of the Treasury, upon the warrant of the Secretary of
Agriculture, out of the Treasury of the United States, to the State or
Territorial treasurer, or to such officer as shall be designated by the
laws of such State or Territory to receive the same, who shall, upon the
order of the trustees of the college, or the institution for colored
students, immediately pay over said sums to the treasurers of the
respective colleges or other institutions entitled to receive the same,
and such treasurers shall be required to report to the Secretary of
Agriculture, on or before the 1st day of December of each year, a
detailed statement of the amount so received and of its disbursement.
The grants of moneys authorized by this subchapter are made subject to
the legislative assent of the several States and Territories to the
purpose of said grants.
(Aug. 30, 1890, ch. 841, 2, 26 Stat. 418; 1939 Reorg. Plan No. I,
201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Apr. 21, 1976, Pub. L. 94-273, 9(1), 90 Stat. 378; Oct. 17, 1979, Pub.
L. 96-88, title III, 301(a)(2)(E), 93 Stat. 677; Dec. 22, 1981, Pub.
L. 97-98, title XIV, 1419, 95 Stat. 1306.)
1976 -- Pub. L. 94-273 substituted ''October'' for ''July'' and
''December'' for ''September''.
For transfer of functions under this section to Secretary of
Agriculture, see note set out under section 321 of this title.
Functions of Department of Health, Education, and Welfare and
Secretary thereof under this subchapter transferred to Secretary of
Education by section 301(a)(2)(E) of Pub. L. 96-88, which is classified
to section 3441(a)(2)(E) of Title 20, Education.
Transfer of functions from Secretary of the Interior to Secretary of
Health, Education, and Welfare, see note set out under section 321 of
this title.
07 USC 325. State to replace funds misapplied, etc.; restrictions on
use of funds; reports by colleges
TITLE 7 -- AGRICULTURE
If any portion of the moneys received by the designated officer of
the State or Territory for the further and more complete endowment,
support, and maintenance of colleges, or of institutions for colored
students, as provided in this subchapter, shall, by any action or
contingency, be diminished or lost, or be misapplied, it shall be
replaced by the State or Territory to which it belongs, and until so
replaced no subsequent appropriation shall be apportioned or paid to
such State or Territory; and no portion of said moneys shall be
applied, directly or indirectly, under any pretense whatever, to the
purchase, erection, preservation, or repair of any building or
buildings. An annual report by the president of each of said colleges
shall be made to the Secretary of Agriculture, regarding the condition
and progress of each college, including statistical information in
relation to its receipts and expenditures, its library, the number of
its students and professors, and also as to any improvements and
experiments made under the direction of any experiment stations attached
to said colleges, with their cost and results, and such other industrial
and economical statistics as may be regarded as useful, one copy of
which shall be transmitted by mail free to all other colleges further
endowed under this subchapter.
(Aug. 30, 1890, ch. 841, 3, 26 Stat. 418; 1939 Reorg. Plan No. I,
201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Oct. 17, 1979, Pub. L. 96-88, title III, 301(a)(2)(E), 93 Stat. 677;
Dec. 22, 1981, Pub. L. 97-98, title XIV, 1419, 95 Stat. 1306.)
For transfer of functions under this section to Secretary of
Agriculture, see note set out under section 321 of this title.
Functions of Department of Health, Education, and Welfare and
Secretary thereof under this subchapter transferred to Secretary of
Education by section 301(a)(2)(E) of Pub. L. 96-88, which is classified
to section 3441(a)(2)(E) of Title 20, Education.
Transfer of functions from Secretary of the Interior to Secretary of
Health, Education, and Welfare, see note set out under section 321 of
this title.
Misapplication of funds received for support and maintenance of
cooperative agricultural extension work, see section 345 of this title.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
Penalty mail service, reimbursement for, see section 3206 of Title
39.
07 USC 326. Ascertainment and certification of amounts due States;
certificates withheld from States; appeal to Congress
TITLE 7 -- AGRICULTURE
On or before the 1st day of October in each year, the Secretary of
Agriculture shall ascertain and certify to the Secretary of the Treasury
as to each State and Territory whether it is entitled to receive its
share of the annual appropriation for colleges, or of institutions for
colored students, under this subchapter, and the amount which thereupon
each is entitled, respectively, to receive. If the Secretary of
Agriculture shall withhold a certificate from any State or Territory of
its appropriation the facts and reasons therefor shall be reported to
the President, and the amount involved shall be kept separate in the
Treasury until the close of the next Congress, in order that the State
or Territory may, if it should so desire, appeal to Congress from the
determination of the Secretary of Agriculture. If the next Congress
shall not direct such sum to be paid it shall be covered into the
Treasury.
(Aug. 30, 1890, ch. 841, 4, 26 Stat. 419; 1939 Reorg. Plan No. I,
201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Apr. 21, 1976, Pub. L. 94-273, 3(1), 90 Stat. 376; Oct. 17, 1979, Pub.
L. 96-88, title III, 301(a)(2)(E), 93 Stat. 677; Dec. 22, 1981, Pub.
L. 97-97, title XIV, 1419, 95 Stat. 1306.)
Section constitutes part of section 4 of act Aug. 30, 1890.
Remainder of section 4 is classified to section 321 of this title.
1976 -- Pub. L. 94-273 substituted ''October'' for ''July''.
For transfer of functions under this section to Secretary of
Agriculture, see note set out under section 321 of this title.
Functions of Department of Health, Education, and Welfare and
Secretary thereof under this subchapter transferred to Secretary of
Education by section 301(a)(2)(E) of Pub. L. 96-88, which is classified
to section 3441(a)(2)(E) of Title 20, Education.
Transfer of functions from Secretary of the Interior to Secretary of
Health, Education, and Welfare, see note set out under section 321 of
this title.
07 USC 326a. Annual appropriations for Puerto Rico, Virgin Islands,
American Samoa, Guam, Northern Mariana Islands, and Trust Territory of
the Pacific Islands
TITLE 7 -- AGRICULTURE
There is appropriated annually, out of funds in the Treasury not
otherwise appropriated, for payment to the Commonwealth of Puerto Rico,
the Virgin Islands of the United States, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands or its successor governments the amount they would
be entitled to receive under this subchapter if they were States. Sums
appropriated under this section shall be treated in the same manner and
be subject to the same provisions of law, as would be the case if they
had been appropriated by the first sentence of section 322 of this
title.
(Aug. 30, 1890, ch. 841, 5, as added June 23, 1972, Pub. L. 92-318,
title V, 506(c), 86 Stat. 350; amended Oct. 3, 1980, Pub. L. 96-374,
title XIII, 1361(b), 94 Stat. 1502; Aug. 27, 1986, Pub. L. 99-396,
9(b), 100 Stat. 840; June 17, 1988, Pub. L. 100-339, 2, 102 Stat.
620.)
''Appropriated by section 322 of this title'' substituted in text for
''appropriated by the first sentence of section 1''. The first sentence
of section 1 of act Aug. 30, 1890, is classified to sections 322 and
323 of this title, but section 322 only contains the appropriation
provision.
1988 -- Pub. L. 100-339 amended section generally. Prior to
amendment, section read as follows: ''There is authorized to be
appropriated annually for payment to the Virgin Islands, American Samoa,
Guam, the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands (other than the Northern Mariana Islands) the amount
they would receive under this subchapter if they were States. Sums
appropriated under this section shall be treated in the same manner and
be subject to the same provisions of law, as would be the case if they
had been appropriated by section 322 of this title.''
1986 -- Pub. L. 99-396 substituted ''Guam, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands (other than the
Northern Mariana Islands)'' for ''and Micronesia, and Guam''.
1980 -- Pub. L. 96-374 inserted references to American Samoa and
Micronesia.
Section 3 of Pub. L. 100-339 provided that: ''This Act (amending
this section) shall take effect on October 1, 1987.''
Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section
1393(a) of Pub. L. 96-374, set out as a note under section 1001 of
Title 20, Education.
Section 506(n) of Pub. L. 92-318 provided that: ''The amendments
made by this section (enacting this section, amending sections 329, 331,
343, 349, 361a, 361c, and 1626 of this title and sections 582a-3 and
582a-7 of Title 16, and enacting provisions set out as notes under this
section and section 301 of this title) shall be effective after June 30,
1970.''
Section 506(m) of Pub. L. 92-318 provided that: ''With respect to
the Virgin Islands and Guam, the enactment of this section (see
Effective Date note set out above) shall be deemed to satisfy any
requirement of State consent contained in laws or provisions of law
referred to in this section.''
07 USC 327. Repealed. May 29, 1928, ch. 901, 1(74), 45 Stat. 991
TITLE 7 -- AGRICULTURE
Section, act Aug. 30, 1890, ch. 841, 5, 26 Stat. 419, related to
reports by Secretary of the Interior of disbursements and certificates
withheld.
07 USC 328. Power to amend, repeal, etc., reserved
TITLE 7 -- AGRICULTURE
Congress may at any time amend, suspend, or repeal any or all of the
provisions of this subchapter.
(Aug. 30, 1890, ch. 841, 6, 26 Stat. 419.)
07 USC 329. Additional appropriation for agricultural colleges
TITLE 7 -- AGRICULTURE
In order to provide for the more complete endowment and support of
the colleges in the several States, Puerto Rico, the Virgin Islands,
Guam, and the Northern Mariana Islands entitled to the benefits of this
subchapter and subchapter I of this title, there are authorized to be
appropriated annually, out of any money in the Treasury not otherwise
appropriated, the following amounts:
(a) for the first fiscal year beginning after the date of enactment
of this Act, and for each fiscal year thereafter, $8,250,000; and
(b) For the first fiscal year beginning after the date of enactment
of this Act, and for each fiscal year thereafter, $4,380,000.
The sums appropriated in pursuance of paragraph (a) of this section
shall be paid annually to the several States, Puerto Rico, the Virgin
Islands, Guam, and the Northern Mariana Islands in equal shares. The
sums appropriated in pursuance of paragraph (b) of this section shall be
in addition to sums appropriated in pursuance of paragraph (a) of this
section and shall be allotted and paid annually to each of the several
States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana
Islands in the proportion to which the total population of each State,
Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands
bears to the total population of all the States, Puerto Rico, the Virgin
Islands, Guam, and the Northern Mariana Islands as determined by the
last preceding decennial census. Sums appropriated in pursuance of this
section shall be in addition to sums appropriated or authorized under
this subchapter and subchapter I of this title, and shall be applied
only for the purposes of the colleges defined in such subchapters. The
provisions of law applicable to the use and payment of sums under this
subchapter shall apply to the use and payment of sums appropriated in
pursuance of this section.
(June 29, 1935, ch. 338, title II, 22, 49 Stat. 439; June 12, 1952,
ch. 419, 1-4, 66 Stat. 135, 136; July 14, 1960, Pub. L. 86-658, 74
Stat. 525; Nov. 7, 1966, Pub. L. 89-791, title I, 108(a), as added
June 20, 1968, Pub. L. 90-354, 1, 82 Stat. 241; June 23, 1972, Pub. L.
92-318, title V, 506(d), 86 Stat. 350; Aug. 27, 1986, Pub. L. 99-396,
9(d), 100 Stat. 840.)
The words ''date of enactment of this Act'' appear in par. (a) of
section 22 of act June 29, 1935, which was approved on June 29, 1935,
and also in pars. (a) and (b) of section 22 of act June 29, 1935, as
amended by Pub. L. 86-658, which was approved on July 14, 1960.
Section was not enacted as part of the act Aug. 30, 1890, which
comprises this subchapter.
Section was formerly classified to section 343d of this title.
1986 -- Pub. L. 99-396 substituted ''Guam, and the Northern Mariana
Islands'' for ''and Guam'' in five places, ''$8,250,000'' for
''$8,100,000'', and ''$4,380,000'' for ''$4,360,000''.
1972 -- Pub. L. 92-318 inserted references to Virgin Islands and
Guam, and substituted ''$8,100,000'' and ''$4,360,000'' for
''$7,800,000'' and ''$4,320,000'', respectively.
1968 -- Pub. L. 89-791, as added by Pub. L. 90-354, increased
authorization for annual appropriations for Federal grants to States for
support of resident teaching in land-grant colleges and universities
from an authorization of $7,650,000 to $7,800,000, allocated equally
among the States, and from an authorization of $4,300,000, allotted on
basis of relative State population, to $4,320,000.
1960 -- Pub. L. 86-658 increased authorization for annual
appropriations for Federal grants to States for support of resident
teaching in land-grant colleges and universities from an authorization
of $1,000,000, allocated equally among the States, to $7,650,000, and
from an authorization of $1,501,500, allotted on basis of relative State
population, to $4,300,000, struck out references to Territories of
Alaska and Hawaii as now included in term ''States'' and included Puerto
Rico in provisions of section.
1952 -- Opening par. Act June 12, 1952, 1, made section applicable
to Alaska.
Par. (a). Act June 12, 1952, 2, increased allotment from $980,000 to
$1,000,000.
Par. (b). Act June 12, 1952, 3, 4, increased additional allotment
of $1,500,000 to $1,501,500, and made said par. applicable to Alaska.
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as an Effective Date note
under section 326a of this title.
Section 5 of act June 12, 1952, provided that: ''The amendments made
by this Act (amending this section) shall take effect on the first day
of the first fiscal year beginning on or after the date of enactment of
this Act (June 12, 1952).''
07 USC SUBCHAPTER III -- RETIREMENT OF EMPLOYEES
TITLE 7 -- AGRICULTURE
07 USC 331. Retirement of land-grant college employees
TITLE 7 -- AGRICULTURE
Pursuant to the recognized obligations of governments to guarantee
the social security of their employees and in order to provide for the
retirement on an annuity, or otherwise, of all persons being paid
salaries in whole or in part from grants of Federal funds to the several
States, Puerto Rico, the Virgin Islands, and Guam pursuant to the terms
of the Act approved July 2, 1862, for the endowment and support of
colleges of agriculture and mechanic arts (7 U.S.C. 301 et seq.), and
Acts supplementary thereto providing for instruction in agriculture and
mechanic arts, for the establishment of agricultural experiment
stations, and for cooperative extension work in agriculture and home
economics, all States, Puerto Rico, the Virgin Islands, and Guam are
after March 4, 1940, authorized, notwithstanding any contrary provisions
in said Acts, to withhold from expenditure, from Federal funds advanced
under the terms of said Acts, amounts designated as employer
contributions to be made by the States, Puerto Rico, the Virgin Islands,
or Guam to retirement systems established in accordance with the laws of
such States, Puerto Rico, the Virgin Islands, or Guam, or established by
the governing boards of colleges of agriculture and mechanic arts in
accordance with the authority vested in them, and to deposit such
amounts to the credit of such retirement systems for subsequent
disbursement in accordance with the terms of the retirement systems in
effect in the respective States, Puerto Rico, the Virgin Islands, and
Guam: Provided, That there shall not be deducted from Federal funds and
deposited to the credit of retirement accounts as employer
contributions, amounts in excess of 5 per centum of that portion of the
salaries of employees paid from such Federal funds: Provided further,
That, for the purpose of making deposits and contributions in retirement
systems in favor of any employee, in no event shall the deductions from
any Federal fund advanced pursuant to the foregoing Acts be in greater
proportion to the total deductions for such employee than the salary
received under such Federal funds bears to the total salary from Federal
sources: Provided further, That the deposits and contributions from
funds of Federal origin to any retirement system established by a State,
Puerto Rico, the Virgin Islands, or Guam or a land-grant college must be
at least equaled by the total contributions thereto on the part of the
individuals concerned, the State, Puerto Rico, the Virgin Islands, or
Guam, and the counties: And provided further, That no deductions for
the foregoing purposes shall be made from Federal funds in support of
employees appointed pursuant to the terms of the foregoing Acts, whose
salaries are paid wholly by the States, Puerto Rico, the Virgin Islands,
or Guam: Provided further, That the provisions of this section shall
not apply to any employee paid in whole or in part from Federal funds
who may be subject to subchapter III of chapter 83 of title 5.
(Mar. 4, 1940, ch. 38, 54 Stat. 39; June 23, 1972, Pub. L. 92-318,
title V, 506(e), 86 Stat. 351.)
The Act approved July 2, 1862, referred to in text, is act July 2,
1862, ch. 130, 12 Stat. 503, as amended, known as the ''Morrill Act''
and also known as the ''First Morrill Act'', which is classified
generally to subchapter I ( 301 et seq.) of this chapter. ''Acts
supplementary thereto'' include act Aug. 30, 1890, ch. 841, 26 Stat.
417, as amended, popularly known as the Agricultural College Act of
1890, and also known as the Second Morrill Act, which is classified
generally to subchapter II ( 321 et seq.) of this chapter. For complete
classification of these Acts to the Code, see Short Title notes set out
under sections 301 and 321 of this title and Tables.
''Subchapter III of chapter 83 of title 5'' substituted in text for
''United States Civil Service Retirement Act, as amended'' on authority
of Pub. L. 89-544, 7(b), Sept. 6, 1966, 80 Stat. 631, 632, the first
section of which enacted Title 5, Government Organization and Employees.
1972 -- Pub. L. 92-318 substituted '', Puerto Rico, the Virgin
Islands, and Guam'' and '', Puerto Rico, the Virgin Islands, or Guam''
for ''and Territories'' and ''or Territories'', respectively, wherever
appearing and inserted in third proviso reference to Puerto Rico, Virgin
Islands, and Guam.
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as an Effective Date note
under section 326a of this title.
07 USC SUBCHAPTER IV -- AGRICULTURAL EXTENSION WORK APPROPRIATION
TITLE 7 -- AGRICULTURE
3202; title 40 section 483.
07 USC 341. Cooperative extension work by colleges
TITLE 7 -- AGRICULTURE
In order to aid in diffusing among the people of the United States
useful and practical information on subjects relating to agriculture,
uses of solar energy with respect to agriculture, home economics, and
rural energy, and to encourage the application of the same, there may be
continued or inaugurated in connection with the college or colleges in
each State, Territory, or possession, now receiving, or which may
hereafter receive, the benefits of subchapters I and II of this chapter,
agricultural extension work which shall be carried on in cooperation
with the United States Department of Agriculture: Provided, That in any
State, Territory, or possession in which two or more such colleges have
been or hereafter may be established, the appropriations hereinafter
made to such State, Territory, or possession shall be administered by
such college or colleges as the legislature of such State, Territory, or
possession may direct. For the purposes of this subchapter, the term
''solar energy'' means energy derived from sources (other than fossil
fuels) and technologies included in the Federal Non-Nuclear /1/ Energy
Research and Development Act of 1974, as amended (42 U.S.C. 5901 et
seq.).
(May 8, 1914, ch. 79, 1, 38 Stat. 372; June 26, 1953, ch. 157, 1,
67 Stat. 83; Sept. 29, 1977, Pub. L. 95-113, title XIV, 1447(1), (2),
91 Stat. 1011; June 30, 1980, Pub. L. 96-294, title II, 256(1), 94
Stat. 708.)
The Federal Nonnuclear Energy Research and Development Act of 1974,
as amended, referred to in text, is Pub. L. 93-577, Dec. 31, 1974, 88
Stat. 1878, as amended, which is classified generally to chapter 74 (
5901 et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 5901 of Title 42 and Tables.
Another section 1447 of Pub. L. 95-113 is classified to section
3222b of this title.
1980 -- Pub. L. 96-294 inserted reference to rural energy.
1977 -- Pub. L. 95-113 inserted reference to the uses of solar
energy with respect to agriculture and inserted definition of ''solar
energy''.
1953 -- Act June 26, 1953, inserted ''continued or'' before
''inaugurated'' near beginning of section, inserted references to
''territory, or possession'' after ''State,'' wherever the latter term
appeared, and struck out a second proviso which continued farm
management work and farmers' cooperative demonstration work as conducted
May 8, 1914, pending inauguration and development of cooperative
extension work under sections 341-343 and 344-348 of this title.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Act May 8, 1914, as amended, which is classified to this subchapter,
is popularly known as the ''Smith-Lever Act'' and the ''Agricultural
Extension Work Act''.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Transfer of office equipment, materials, books and other supplies to
State or county agencies engaged in cooperative agricultural extension
work, see note set out under section 484 of Title 40, Public Buildings,
Property, and Works.
Agricultural experiment stations, see section 361a et seq. of this
title.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
/1/ So in original. Probably should be ''Nonnuclear''.
07 USC 342. Cooperative agricultural extension work; cooperation with
Secretary of Agriculture
TITLE 7 -- AGRICULTURE
Cooperative agricultural extension work shall consist of the
development of practical applications of research knowledge and giving
of instruction and practical demonstrations of existing or improved
practices or technologies in agriculture, uses of solar energy with
respect to agriculture, home economics, and rural energy and subjects
relating thereto to persons not attending or resident in said colleges
in the several communities, and imparting information on said subjects
through demonstrations, publications, and otherwise and for the
necessary printing and distribution of information in connection with
the foregoing; and this work shall be carried on in such manner as may
be mutually agreed upon by the Secretary of Agriculture and the State
agricultural college or colleges or Territory or possession receiving
the benefits of this subchapter.
(May 8, 1914, ch. 79, 2, 38 Stat. 373; June 26, 1953, ch. 157, 1,
67 Stat. 84; Oct. 5, 1962, Pub. L. 87-749, 1(a), 76 Stat. 745; Sept.
29, 1977, Pub. L. 95-113, title XIV, 1447(3), 91 Stat. 1011; June 30,
1980, Pub. L. 96-294, title II, 256(2), 94 Stat. 708; Dec. 23, 1985,
Pub. L. 99-198, title XIV, 1435(a), 99 Stat. 1557.)
Another section 1447 of Pub. L. 95-113 is classified to section
3222b of this title.
1985 -- Pub. L. 99-198 substituted ''shall consist of the
development of practical applications of research knowledge and giving
of instruction and practical demonstrations of existing or improved
practices or technologies'' for ''shall consist of the giving of
instructions and practical demonstrations''.
1980 -- Pub. L. 96-294 inserted reference to rural energy.
1977 -- Pub. L. 95-113 inserted reference to uses of solar energy
with respect to agriculture.
1962 -- Pub. L. 87-749 inserted ''or Territory or possession'' after
''college or colleges''.
1953 -- Act June 26, 1953, inserted ''and subjects relating thereto''
after ''agriculture and home economics'' near beginning of section, and
inserted reference to necessary printing and distribution of
information.
Amendment by Pub. L. 99-198 effective Oct. 1, 1985, see section
1435(d) of Pub. L. 99-198, set out as a note under section 343 of this
title.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
07 USC 343. Appropriations; distribution; allotment and
apportionment; Federal Extension Service
TITLE 7 -- AGRICULTURE
(a) There are authorized to be appropriated for the purposes of this
subchapter such sums as Congress may from time to time determine to be
necessary.
(b)(1) Out of such sums, each State and the Federal Extension Service
shall be entitled to receive annually a sum of money equal to the sums
available from Federal cooperative extension funds for the fiscal year
1962, and subject to the same requirements as to furnishing of
equivalent sums by the State, except that amounts heretofore made
available to the Secretary for allotment on the basis of special needs
shall continue available for use on the same basis.
(2) There is authorized to be appropriated for the fiscal year ending
June 30, 1971, and for each fiscal year thereafter, for payment to the
Virgin Islands, Guam, and the Northern Mariana Islands, $100,000 each,
which sums shall be in addition to the sums appropriated for the several
States of the United States and Puerto Rico under the provisions of this
section. The amount paid by the Federal Government to the Virgin
Islands and Guam pursuant to this paragraph shall not exceed during any
fiscal year, except the fiscal years ending June 30, 1971, and June 30,
1972, when such amount may be used to pay the total cost of providing
services pursuant to this subchapter, the amount available and budgeted
for expenditure by the Virgin Islands and Guam for the purposes of this
subchapter.
(c) Any sums made available by the Congress for further development
of cooperative extension work in addition to those referred to in
subsection (b) of this section shall be distributed as follows:
1. Four per centum of the sum so appropriated for each fiscal year
shall be allotted to the Federal Extension Service for administrative,
technical, and other services, and for coordinating the extension work
of the Department and the several States, Territories, and possessions.
2. Of the remainder so appropriated for each fiscal year 20 per
centum shall be paid to the several States in equal proportions, 40 per
centum shall be paid to the several States in the proportion that the
rural population of each bears to the total rural population of the
several States as determined by the census, and the balance shall be
paid to the several States in the proportion that the farm population of
each bears to the total farm population of the several States as
determined by the census: Provided, That payments out of the additional
appropriations for further development of extension work authorized
herein may be made subject to the making available of such sums of
public funds by the States from non-Federal funds for the maintenance of
cooperative agricultural extension work provided for in this subchapter,
as may be provided by the Congress at the time such additional
appropriations are made: Provided further, That any appropriation made
hereunder shall be allotted in the first and succeeding years on the
basis of the decennial census current at the time such appropriation is
first made, and as to any increase, on the basis of decennial census
current at the time such increase is first appropriated.
(d) The Federal Extension Service shall receive such additional
amounts as Congress shall determine for administration, technical, and
other services and for coordinating the extension work of the Department
and the several States, Territories, and possessions.
(e) Insofar as the provisions of subsections (b) and (c) of this
section, which require or permit Congress to require matching of Federal
funds, apply to the Virgin Islands of the United States and Guam, such
provisions shall be deemed to have been satisfied, for the fiscal years
ending September 30, 1978, and September 30, 1979, only, if the amounts
budgeted and available for expenditure by the Virgin Islands of the
United States and Guam in such years equal the amounts budgeted and
available for expenditure by the Virgin Islands of the United States and
Guam in the fiscal year ending September 30, 1977.
(f)(1) The Secretary of Agriculture may conduct educational,
instructional, demonstration, and publication distribution programs
through the Federal Extension Service and enter into cooperative
agreements with private nonprofit and profit organizations and
individuals to share the cost of such programs through contributions
from private sources as provided in this subsection.
(2) The Secretary may receive contributions under this subsection
from private sources for the purposes described in paragraph (1) and
provide matching funds in an amount not greater than 50 percent of such
contributions.
(May 8, 1914, ch. 79, 3, 38 Stat. 373; June 26, 1953, ch. 157, 1,
67 Stat. 84; Oct. 5, 1962, Pub. L. 87-749, 1(b)-(e), 76 Stat. 745;
June 23, 1972, Pub. L. 92-318, title V, 506(g), 86 Stat. 351; Sept.
29, 1977, Pub. L. 95-113, title XIV, 1465, 91 Stat. 1018; Dec. 23,
1985, Pub. L. 99-198, title XIV, 1435(b), 99 Stat. 1557; Aug. 27,
1986, Pub. L. 99-396, 9(e), 100 Stat. 840.)
Section 3 of act May 8, 1914 contained additional provisions relating
to appropriations which were omitted from the Code as executed
legislation.
1986 -- Subsec. (b)(2). Pub. L. 99-396 substituted ''Guam, and the
Northern Mariana Islands'' for ''and Guam'' in provision authorizing an
appropriation each fiscal year for the payment of $100,000 in addition
to the sums appropriated for the States and Puerto Rico.
1985 -- Subsec. (f). Pub. L. 99-198 added subsec. (f).
1977 -- Subsec. (e). Pub. L. 95-113 added subsec. (e).
1972 -- Subsec. (b). Pub. L. 92-318 designated existing provisions
as par. (1) and added par. (2).
1962 -- Subsec. (b). Pub. L. 87-749, 1(b), substituted ''sums
available'' for ''sums received'', and ''1962'' for ''1953'', and struck
out '', Alaska, Hawaii, Puerto Rico,'' before ''and the Federal
Extension Service'', ''such sums shall be'' before ''subject to the same
requirement'', '', Alaska, Hawaii, and Puerto Rico as existed
immediately prior to June 26, 1953'' before ''except that amounts
heretofore'', and proviso which authorized Puerto Rico to receive the
total initial amount set by Act Oct. 26, 1949, which amount was to be
increased yearly until the total sum equalled the maximum amount set by
such Act, and to receive such amount annually thereafter.
Subsec. (c)1. Pub. L. 87-749, 1(c), provided that the allotment
shall be to the Federal Extension Service for various services and for
coordinating the extension work of the Department, States, Territories
and Possessions, and struck out provisions which required the Secretary
to allot the funds among the States, Alaska, Hawaii, and Puerto Rico
according to special needs.
Subsec. (c)2. Pub. L. 87-749, 1(d), substituted provisions
authorizing 20 per centum of the remainder of the appropriated funds to
be paid to the States in equal proportions, 40 per centum of such funds
to be paid to the States in the proportion that the rural population of
each bears to the total rural population of the States, and the balance
to be paid the States in the proportion that the farm population of each
bears to the total farm population of the States, for provisions paying
50 per centum of the remaining sum to the States, Alaska, Hawaii and
Puerto Rico in the proportion that the rural population of each had to
the total rural population of all, and the balance in the proportion
that the farm population of each had to the farm population of all, and
struck out '', Alaska, Hawaii, and Puerto Rico'' from first proviso.
Subsec. (d). Pub. L. 87-749, 1(e), inserted ''additional'' after
''receive such''.
1953 -- Act June 26, 1953, amended section generally, and, among
other changes: (1) divided section into subsections; (2) substituted
general authorization for appropriations for former authorization for
specific annual appropriations; (3) inserted references to Alaska,
Hawaii, and Puerto Rico; and (4) substituted provisions relating to
allotment and apportionment of appropriations for former provisions for
such apportionment on basis of rural population, and farm population, as
determined by latest census.
Section 1435(d) of Pub. L. 99-198 provided that: ''This section and
the amendments made by this section (amending this section and section
342 of this title) shall become effective on October 1, 1985.''
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as an Effective Date note
under section 326a of this title.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
07 USC 343a to 343c-1. Repealed. June 26, 1953, ch. 157, 2, 67
Stat. 85, 86
TITLE 7 -- AGRICULTURE
Section 343a, acts May 22, 1928, ch. 687, 1, 45 Stat. 711; Mar.
10, 1930, ch. 73, 46 Stat. 83, authorized additional annual
appropriations of $980,000, and $500,000, further to develop cooperative
agricultural extension work under sections 341 to 343, 344 to 346, and
347a to 349 of this title, provided for the disposition of such sums,
and extended the system to Hawaii.
Section 343b, act May 22, 1928, ch. 687, 2, 45 Stat. 712, provided
that the sums appropriated under said section 343a should be in addition
to sums appropriated under section 343 of this title, or sums otherwise
annually appropriated for cooperative agricultural extension work.
Section 343c, acts June 29, 1935, ch. 338, title II, 21, 49 Stat.
438; June 6, 1945, ch. 175, 2, 59 Stat. 233, authorized further
additional appropriations on an ascending scale until they amounted to
$12,000,000 annually, further to develop the cooperative agricultural
system inaugurated under sections 341 to 343, 344 to 346, 347a to 349 of
this title, and provided for their disposition.
Section 343c-1, acts Apr. 24, 1939, ch. 85, 53 Stat. 589; Sept.
21, 1944, ch. 412, title VII, 707, 58 Stat. 742, authorized
additional appropriations of $555,000 annually, for the purpose of
paying the expenses of cooperative extension work in agriculture and
home economics, and provided for their disposition.
The provisions that were contained in all of the above repealed
sections are covered generally by sections 341 to 343, 344 to 346, and
347a to 349 of this title.
07 USC 343d. Transferred
TITLE 7 -- AGRICULTURE
Section, acts June 29, 1935, ch. 338, title II, 22, 49 Stat. 439;
June 12, 1952, ch. 419, 1-4, 66 Stat. 135; July 14, 1960, Pub. L.
86-658, 74 Stat. 525; Nov. 7, 1966, Pub. L. 89-791, title I, 108(a),
as added June 20, 1968, Pub. L. 90-354, 1, 82 Stat. 241; June 23,
1972, Pub. L. 92-318, title V, 506(d), 86 Stat. 350, which related to
additional appropriations for agricultural colleges, was transferred to
section 329 of this title.
07 USC 343d-1 to 343d-5. Repealed. June 26, 1953, ch. 157, 2, 67
Stat. 86
TITLE 7 -- AGRICULTURE
Section 343d-1, act June 29, 1935, ch. 338, title II, 23, as added
June 6, 1945, ch. 175, 1, 59 Stat. 231, authorized further additional
appropriations, commencing with the fiscal year ended June 30, 1946 and
continuing on an ascending scale until they amounted to $12,500,000 for
the fiscal year ended June 30, 1948 and each subsequent fiscal year,
further to develop the cooperative agricultural extension system
inaugurated under sections 341 to 343, 344 to 346, and 347a to 349 of
this title, and provided for their disposition.
Sections 343d-2 and 343d-3, act Oct. 26, 1949, ch. 753, 1, 2, 63
Stat. 926, extended the provisions of former section 343d-1 of this
title to Puerto Rico and for such purposes, authorized additional
appropriations on an ascending scale until they should amount to
$401,090 annually.
Sections 343d-4 and 343d-5, act Oct. 27, 1949, ch. 768, 1, 2, 63
Stat. 939, extended the provisions of former sections 343a, 343b, 343c
and 343d-1 of this title to Alaska, and, for such purpose, authorized
annual appropriations in amounts to be computed on the same basis as
computations of appropriations to States, subject to annual estimates as
to funds and amounts by the Secretary of Agriculture.
See, generally, sections 341 to 343, 344 to 346, and 347a to 349 of
this title.
07 USC 343e. Repealed. Oct. 27, 1949, ch. 768, 3, 63 Stat. 940
TITLE 7 -- AGRICULTURE
Section, act June 20, 1936, ch. 631, 1, 3, 49 Stat. 1553, 1554,
related to extension of benefits of former sections 343a and 343b of
this title to Alaska. See notes thereunder.
07 USC 343f, 343g. Repealed. June 26, 1953, ch. 157, 2, 67 Stat.
86
TITLE 7 -- AGRICULTURE
Sections, act Aug. 28, 1937, ch. 878, 1, 2, 50 Stat. 881,
extended benefits of former section 343c of this title to Puerto Rico,
and for such purpose, authorized appropriations, commencing with initial
authorization of $88,000 for the fiscal year beginning after August 28,
1937, and on an ascending scale thereafter, until they amounted to
$408,000 annually. See sections 341 to 343, 344 to 346, and 347a to 349
of this title.
07 USC 344. Ascertainment of entitlement; guidelines concerning
conflicts of interest among employees; time and manner of payment;
reports of receipts and disbursements
TITLE 7 -- AGRICULTURE
On or about the first day of October in each year after June 26,
1953, the Secretary of Agriculture shall ascertain as to each State
whether it is entitled to receive its share of the annual appropriation
for cooperative agricultural extension work under this subchapter and
the amount which it is entitled to receive. Before the funds herein
provided shall become available to any college for any fiscal year,
plans for the work to be carried on under this subchapter shall be
submitted by the proper officials of each college and approved by the
Secretary of Agriculture. The Secretary shall ensure that each college
seeking to receive funds under this subchapter has in place appropriate
guidelines, as determined by the Secretary, to minimize actual or
potential conflicts of interest among employees of such college whose
salaries are funded in whole or in part with such funds. Such sums
shall be paid in equal quarterly payments in or about July, October,
January, and April of each year to the treasurer or other officer of the
State duly authorized by the laws of the State to receive the same, and
such officer shall be required to report to the Secretary of Agriculture
on or about the first day of April of each year, a detailed statement of
the amount so received during the previous fiscal year and its
disbursement, on forms prescribed by the Secretary of Agriculture.
(May 8, 1914, ch. 79, 4, 38 Stat. 374; June 26, 1953, ch. 157, 1,
67 Stat. 85; Oct. 5, 1962, Pub. L. 87-749, 1(f), 76 Stat. 745; Apr.
21, 1976, Pub. L. 94-273, 15, 90 Stat. 379; Nov. 28, 1990, Pub. L.
101-624, title XVI, 1617, 104 Stat. 3732.)
1990 -- Pub. L. 101-624 inserted after second sentence ''The
Secretary shall ensure that each college seeking to receive funds under
this subchapter has in place appropriate guidelines, as determined by
the Secretary, to minimize actual or potential conflicts of interest
among employees of such college whose salaries are funded in whole or in
part with such funds.''
1976 -- Pub. L. 94-273 substituted ''of October'' for ''of July''
and ''of April'' for ''of January''.
1962 -- Pub. L. 87-749 substituted ''quarterly payments in or about
July, October, January, and April'' for ''semiannual payments on the
first day of January and July'', and struck out '', Territory or
possession'' wherever appearing.
1953 -- Act June 26, 1953, among other changes, inserted first two
sentences, inserted references to ''Territory, or possession'' after
references to ''State,'' in sentence commencing ''Such sums'', and in
such sentence, struck out reference to payment by the Secretary of the
Treasury upon warrant of the Secretary of Agriculture, and substituted
''January'' for ''September'' with respect to submission of annual
detailed statements.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
07 USC 345. Replacement of diminished, lost or misapplied funds;
restrictions on use; reports of colleges
TITLE 7 -- AGRICULTURE
If any portion of the moneys received by the designated officer of
any State for the support and maintenance of cooperative agricultural
extension work, as provided in this subchapter, shall by any action or
contingency be diminished or lost or be misapplied, it shall be replaced
by said State and until so replaced no subsequent appropriation shall be
apportioned or paid to said State. No portion of said moneys shall be
applied, directly or indirectly, to the purchase, erection,
preservation, or repair of any building or buildings, or the purchase or
rental of land, or in college-course teaching, lectures in college, or
any other purpose not specified in this subchapter. It shall be the
duty of said colleges, annually, on or about the first day of January,
to make to the Governor of the State in which it is located a full and
detailed report of its operations in extension work as defined in this
subchapter, including a detailed statement of receipts and expenditures
from all sources for this purpose, a copy of which report shall be sent
to the Secretary of Agriculture.
(May 8, 1914, ch. 79, 5, 38 Stat. 374; June 26, 1953, ch. 157, 1,
67 Stat. 85; Oct. 5, 1962, Pub. L. 87-749, 1(g), 76 Stat. 745.)
1962 -- Pub. L. 87-749 struck out references to territories and
possessions wherever appearing.
1953 -- Act June 26, 1953, among other changes, inserted ''Territory,
or possession'' after ''State,'' wherever latter term appeared, struck
out provision that not more than five per centum of each annual
appropriation should be applied to the printing and distribution of
publications, and struck out the provision that copies of the required
reports should be sent to the Secretary of the Treasury.
Misapplication of funds received for endowment of institutions for
colored students, see section 325 of this title.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
07 USC 346. Report of nonentitlement to President; retention in
Treasury; appeal and disposition
TITLE 7 -- AGRICULTURE
If the Secretary of Agriculture finds that a State is not entitled to
receive its share of the annual appropriation, the facts and reasons
therefor shall be reported to the President, and the amount involved
shall be kept separate in the Treasury until the expiration of the
Congress next succeeding a session of the legislature of the State from
which funds have been withheld in order that the State may, if it should
so desire, appeal to Congress from the determination of the Secretary of
Agriculture. If the next Congress shall not direct such sum to be paid,
it shall be covered into the Treasury.
(May 8, 1914, ch. 79, 6, 38 Stat. 374; June 26, 1953, ch. 157, 1,
67 Stat. 85; Oct. 5, 1962, Pub. L. 87-749, 1(g), 76 Stat. 745.)
1962 -- Pub. L. 87-749 struck out references to territories and
possessions wherever appearing.
1953 -- Act June 26, 1953, among other changes, struck out former
first sentence relating to ascertainment of entitlement to funds (which
provision is now covered in section 344 of this title); substituted
''finds that a State, Territory, or possession is not entitled to
receive its share of the annual appropriation'' for ''shall withhold a
certificate from any State of its appropriation''; and inserted
references to ''Territory, or possession'' after ''State,'' wherever the
latter term appeared.
Ascertainment of amount due States, or Territories, and report of
appropriation withheld in the case of annual appropriations for
institutions for colored students, see section 326 of this title.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
07 USC 347. Repealed. Pub. L. 86-533, 1(21), June 29, 1960, 74 Stat.
249
TITLE 7 -- AGRICULTURE
Section, acts May 8, 1914, ch. 79, 7, 38 Stat. 374; June 26,
1953, ch. 157, 1, 67 Stat. 85, required Secretary of Agriculture to
report to Congress receipts, expenditures, and results of cooperative
agriculture extension work in all States, Territories, or possessions
receiving benefits of sections 341 to 343, 344 to 346, and 347a to 349
of this title.
07 USC 347a. Disadvantaged agricultural areas
TITLE 7 -- AGRICULTURE
(a) Congressional findings
The Congress finds that there exists special circumstances in certain
agricultural areas which cause such areas to be at a disadvantage
insofar as agricultural development is concerned, which circumstances
include the following: (1) There is concentration of farm families on
farms either too small or too unproductive or both; (2) such farm
operators because of limited productivity are unable to make adjustments
and investments required to establish profitable operations; (3) the
productive capacity of the existing farm unit does not permit profitable
employment of available labor; (4) because of limited resources, many
of these farm families are not able to make full use of current
extension programs designed for families operating economic units nor
are extension facilities adequate to provide the assistance needed to
produce desirable results.
(b) Appropriation
In order to further the purposes of section 342 of this title in such
areas and to encourage complementary development essential to the
welfare of such areas, there are authorized to be appropriated such sums
as the Congress from time to time shall determine to be necessary for
payments to the States on the basis of special needs in such areas as
determined by the Secretary of Agriculture.
(c) Assistance
In determining that the area has such special need, the Secretary
shall find that it has a substantial number of disadvantaged farms or
farm families for one or more of the reasons heretofore enumerated. The
Secretary shall make provisions for the assistance to be extended to
include one or more of the following: (1) Intensive on-the-farm
educational assistance to the farm family in appraising and resolving
its problems; (2) assistance and counseling to local groups in
appraising resources for capability of improvement in agriculture or
introduction of industry designed to supplement farm income; (3)
cooperation with other agencies and groups in furnishing all possible
information as to existing employment opportunities, particularly to
farm families having under-employed workers; and (4) in cases where the
farm family, after analysis of its opportunities and existing resources,
finds it advisable to seek a new farming venture, the providing of
information, advice, and counsel in connection with making such change.
(d) Allocation of funds
No more than 10 per centum of the sums available under this section
shall be allotted to any one State. The Secretary shall use project
proposals and plans of work submitted by the State Extension directors
as a basis for determining the allocation of funds appropriated pursuant
to this section.
(e) Appropriation as additional; limitation on amount
Sums appropriated pursuant to this section shall be in addition to,
and not in substitution for, appropriations otherwise available under
this subchapter. The amounts authorized to be appropriated pursuant to
this section shall not exceed a sum in any year equal to 10 per centum
of sums otherwise appropriated pursuant to this subchapter.
(May 8, 1914, ch. 79, 8, as added Aug. 11, 1955, ch. 798, 1(a), 69
Stat. 683; amended Oct. 5, 1962, Pub. L. 87-749, 1(h), 76 Stat. 745.)
1962 -- Subsec. (b). Pub. L. 87-749 struck out '', Alaska, Hawaii,
and Puerto Rico'' before ''on the basis of''.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
07 USC 348. Rules and regulations
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to make such rules and
regulations as may be necessary for carrying out the provisions of this
subchapter.
(May 8, 1914, ch. 79, 9, formerly 8, 38 Stat. 374; June 26, 1953,
ch. 157, 1, 67 Stat. 85; renumbered 9, Aug. 11, 1955, ch. 798,
1(b), 69 Stat. 684.)
1953 -- Act June 26, 1953, substituted provisions for rules and
regulations for provisions empowering Congress to alter, amend, or
repeal sections 341 to 343 and 344 to 348 of this title at any time.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
07 USC 349. ''State'' defined
TITLE 7 -- AGRICULTURE
The term ''State'' means the States of the Union, Puerto Rico, the
Virgin Islands, Guam and the Northern Mariana Islands.
(May 8, 1914, ch. 79, 10, as added Oct. 5, 1962, Pub. L. 87-749,
1(i), 76 Stat. 745; amended June 23, 1972, Pub. L. 92-318, title V,
506(h), 86 Stat. 351; Aug. 27, 1986, Pub. L. 99-396, 9(f), 100 Stat.
840.)
1986 -- Pub. L. 99-396 amended section generally, expanding
definition of ''State'' to include the Northern Mariana Islands.
1972 -- Pub. L. 92-318 inserted reference to Virgin Islands and
Guam.
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as a note under section 326a
of this title.
07 USC CHAPTER 14 -- AGRICULTURAL EXPERIMENT STATIONS
TITLE 7 -- AGRICULTURE
Sec.
361. Repealed.
361a. Congressional declaration of purpose; definitions.
361b. Congressional statement of policy; researches, investigations
and experiments.
361c. Authorization of appropriations and allotments of grants.
(a) Authorization.
(b) Allotments to States; authorization of appropriations for Virgin
Islands and Guam; limitation.
(c) Allotment of additional sums.
(d) Allotment of amounts in excess of $90,000.
(e) ''Administration'' defined.
(f) Adjustment of payments.
(g) Reductions and reapportionments.
361d. Use of funds.
361e. Payment of allotments to State agricultural experiment
stations; directors and treasurers or other officers; accounting;
reports to Secretary; replacement by States of diminished, lost or
misapplied allotments; subsequent allotments or payments contingent on
such replacement.
361f. Publications of experiment stations; free mailing.
361g. Secretary of Agriculture; powers and duties; rules and
regulations; determination of amount of entitlement; deduction of
unexpended balances.
361h. Relation of college or university to State unaffected;
division of appropriations.
361i. Power to amend, repeal, etc., reserved.
362 to 383. Transferred, Repealed, or Omitted.
384. Card index of agricultural literature; copies to be furnished
by Secretary.
385. South Carolina Experiment Station; cooperation by Secretary of
Agriculture; lump sum appropriation.
385a. Authorization of appropriations.
386 to 386g. Repealed.
387. Station for semi-arid or dry-land regions; establishment.
387a. Authorization of appropriations.
388. Station for southern Great Plains area; establishment.
388a. Authorization of appropriations.
389. Transfer of certain dry land and irrigation field stations to
States.
389a. Conditions of transfer of dry land and irrigation field
stations; reservation of mineral rights.
390. Congressional declaration of policy.
390a. Congressional declaration of purpose.
390b. Definitions.
390c. Administration.
(a) Authorization of appropriations.
(b) Limitation on amount of grant; funding from non-Federal sources.
(c) Rules and regulations.
390d. Eligibility for payments; facility proposals.
390e. Repealed.
390f. Multiple-purpose equipment and physical facilities; fund
support basis.
390g. Repealed.
390h. Fiscal accountability.
(a) Chief administrative officers; fiscal officers; duties;
reports.
(b) Diminution, loss, or misapplication of funds.
390i. Reports to Congress.
390j. Availability of appropriated funds for administration.
390k. Repealed.
07 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 7 -- AGRICULTURE
section 582a-1; title 40 section 483.
07 USC 361. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat. 674
TITLE 7 -- AGRICULTURE
Section, acts Mar. 16, 1906, ch. 951, 4, 34 Stat. 64; Feb. 24,
1925, ch. 308, 4, 43 Stat. 971, provided for the administration of
the agricultural experiment station program. See section 361g of this
title.
Section 2 of act Aug. 11, 1955, which repealed sections 361, 364,
366, 369, 369a, 371 to 376, 380, 382, 383, 386 to 386f, 427a to 427h,
and 427j of this title, provided in part that any rights or liabilities
existing under such repealed sections or parts of sections should not be
affected by their repeal.
07 USC 361a. Congressional declaration of purpose; definitions
TITLE 7 -- AGRICULTURE
It is the policy of Congress to continue the agricultural research at
State agricultural experiment stations which has been encouraged and
supported by the Hatch Act of 1887 (7 U.S.C. 361a et seq.), the Adams
Act of 1906, the Purnell Act of 1925, the Bankhead-Jones Act of 1935,
and title I, section 9, of that Act as added by the Act of August 14,
1946, and Acts amendatory and supplementary thereto, and to promote the
efficiency of such research by a codification and simplification of such
laws. As used in this Act (7 U.S.C. 361a et seq.), the terms ''State''
or ''States'' are defined to include the several States (including the
District of Columbia), Alaska, Hawaii, Puerto Rico, Guam and the Virgin
Islands. As used in this Act (7 U.S.C. 361a et seq.), the term ''State
agricultural experiment station'' means a department which shall have
been established, under direction of the college or university or
agricultural departments of the college or university in each State in
accordance with an Act approved July 2, 1862, (12 Stat. 503), entitled
''An Act donating public lands to the several States and Territories
which may provide colleges for the benefit of agriculture and the
mechanic arts'' (7 U.S.C. 301 et seq.); or such other substantially
equivalent arrangements as any State shall determine.
(Mar. 2, 1887, ch. 314, 1, 24 Stat. 440; Aug. 11, 1955, ch. 790,
1, 69 Stat. 671; June 23, 1972, Pub. L. 92-318, title V, 506(k), 86
Stat. 351; Oct. 26, 1974, Pub. L. 93-471, title II, 208(e), 88 Stat.
1429.)
The Hatch Act of 1887, referred to in text, is act Mar. 2, 1887, ch.
314, 24 Stat. 440, as amended, which is classified generally to
sections 361a to 361i of this title. For complete classification of
this act to the Code, see Short Title note set out below, and Tables.
The Adams Act of 1906, referred to in text, is act Mar. 16, 1906,
ch. 951, 34 Stat. 63, as amended, which was classified to sections
361, 366, 369, 371, 373 to 376, 380, and 382 of this title, and was
repealed by act Aug. 11, 1955, ch. 790, 2, 69 Stat. 674. For
complete classification of this Act to the Code prior to repeal, see
Tables.
The Purnell Act of 1925, referred to in text, is act Feb. 24, 1925,
ch. 308, 43 Stat. 970, as amended, which was classified to sections
361, 366, 370, 371, 373 to 376, 380, and 382 of this title, and was
repealed by act Aug. 11, 1955, ch. 790, 2, 69 Stat. 674. For
complete classification of this Act to the Code prior to repeal, see
Tables.
The Bankhead-Jones Act of 1935, referred to in text, is act June 29,
1935, ch. 338, 49 Stat. 436, as amended, which was classified
principally to sections 329 and 427 to 427j of this title, and was
repealed by act Aug. 11, 1966, ch. 790, 2, 69 Stat. 674, except for
sections 1, 10, and 22 of the Act, which are classified to sections 427,
427i, and 329 of this title, respectively. For complete classification
of this Act to the Code, see Tables.
Title I, section 9, of that Act, referred to in text, was classified
to section 427h of this title prior to repeal.
The Act approved July 2, 1862 (12 Stat. 503), referred to in text, is
act July 2, 1862, ch. 130, 12 Stat. 503, as amended, popularly known
as the ''Morrill Act'' and also as the ''First Morrill Act'', which is
classified generally to subchapter I of chapter 13 ( 301 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 301 of this Act and Tables.
Section 208 of act Oct. 26, 1974, Pub. L. 93-471, cited as a credit
to this section, was renumbered section ''209'' by act Nov. 1, 1975,
D.C. Law 1-36, 4, 22 DCR 2911.
Section was formerly classified to section 362 of this title.
1974 -- Pub. L. 93-471 defined ''State'' to include the District of
Columbia.
1972 -- Pub. L. 92-318 defined ''State'' to include Guam and the
Virgin Islands.
1955 -- Act Aug. 11, 1955, amended section generally to continue
agricultural research at the agricultural experiment stations, to
restate the declaration of purpose, and to insert definitions of
''State'' and ''State agricultural experiment station.'' Former
provisions which required division of appropriations between colleges of
same state are now contained in section 361h of this title.
Amendment by Pub. L. 93-471 effective July 1, 1975, unless Pub. L.
93-471 repealed by District of Columbia Council after Jan. 2, 1975, and
prior to July 1, 1975; or such amendment by Pub. L. 93-471, as
amended by the District Council, also effective July 1, 1975, or some
other date prescribed by the Council as authorized under provisions of
section 407 of Pub. L. 93-471.
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as an Effective Date note
under section 326a of this title.
Act Mar. 2, 1887, as amended, which is classified to sections 361a
to 361i of this title, is popularly known as the ''Hatch Act of 1887''.
Besides the provisions establishing agricultural experiment stations,
contained in act Mar. 2, 1887, a portion of the Arlington estate in the
State of Virginia was set apart for experimental agricultural purposes
by act April 18, 1900, ch. 243, 31 Stat. 135, and provisions for
establishing and maintaining a general experimental farm and
agricultural station thereon were made by the subsequent agricultural
appropriation acts.
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii
was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No.
3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood
Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note
preceding section 21 of Title 48, Territories and Insular Possessions.
For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat.
4, set out as a note preceding section 491 of Title 48.
Exemption of experiment stations from penalties under Agricultural
Adjustment Act of 1938, see section 1372 of this title.
Increased annual appropriations for the endowment and maintenance of
agricultural colleges, see sections 321 to 326 and 328 of this title.
section 582a-1.
07 USC 361b. Congressional statement of policy; researches,
investigations and experiments
TITLE 7 -- AGRICULTURE
It is further the policy of the Congress to promote the efficient
production, marketing, distribution, and utilization of products of the
farm as essential to the health and welfare of our peoples and to
promote a sound and prosperous agriculture and rural life as
indispensable to the maintenance of maximum employment and national
prosperity and security. It is also the intent of Congress to assure
agriculture a position in research equal to that of industry, which will
aid in maintaining an equitable balance between agriculture and other
segments of our economy. It shall be the object and duty of the State
agricultural experiment stations through the expenditure of the
appropriations hereinafter authorized to conduct original and other
researches, investigations, and experiments bearing directly on and
contributing to the establishment and maintenance of a permanent and
effective agricultural industry of the United States, including
researches basic to the problems of agriculture in its broadest aspects,
and such investigations as have for their purpose the development and
improvement of the rural home and rural life and the maximum
contribution by agriculture to the welfare of the consumer, as may be
deemed advisable, having due regard to the varying conditions and needs
of the respective States.
(Mar. 2, 1887, ch. 314, 2, 24 Stat. 440; Aug. 11, 1955, ch. 790,
1, 69 Stat. 671.)
Section was formerly classified to section 363 of this title.
1955 -- Act Aug. 11, 1955, amended section generally to restate the
policy of Congress.
Additional appropriations for research work, see section 427i of this
title.
07 USC 361c. Authorization of appropriations and allotments of grants
TITLE 7 -- AGRICULTURE
(a) Authorization
There are authorized to be appropriated for the purposes of sections
361a to 361i of this title such sums as Congress may from time to time
determine to be necessary.
(b) Allotments to States; authorization of appropriations for Virgin
Islands and Guam; limitation
(1) Out of such sums each State shall be entitled to receive annually
a sum of money equal to and subject to the same requirement as to use
for marketing research projects as the sums received from Federal
appropriations for State agricultural experiment stations for the fiscal
year 1955, except that amounts heretofore made available from the fund
known as the ''Regional research fund, Office of Experiment Stations''
shall continue to be available for the support of cooperative regional
projects as defined in subsection (c)(3) of this section, and the said
fund shall be designated ''Regional research fund, State agricultural
experiment stations,'' and the Secretary of Agriculture shall be
entitled to receive annually for the administration of sections 361a to
361i of this title, a sum not less than that available for this purpose
for the fiscal year ending June 30, 1955: Provided, That if the
appropriations hereunder available for distribution in any fiscal year
are less than those for the fiscal year 1955 the allotment to each State
and the amounts for Federal administration and the regional research
fund shall be reduced in proportion to the amount of such reduction.
(2) There is authorized to be appropriated for the fiscal year ending
June 30, 1973, and for each fiscal year thereafter, for payment to the
Virgin Islands and Guam, $100,000 each, which sums shall be in addition
to the sums appropriated for the several States of the United States and
Puerto Rico under the provisions of this section. The amount paid by
the Federal Government to the Virgin Islands and Guam pursuant to this
paragraph shall not exceed during any fiscal year, except the fiscal
years ending June 30, 1971, and June 30, 1972, when such amount may be
used to pay the total cost of providing services pursuant to sections
361a to 361i of this title, the amount available and budgeted for
expenditure by the Virgin Islands and Guam for the purposes of such
sections.
(c) Allotment of additional sums
Any sums made available by the Congress in addition to those provided
for in subsection (b) of this section for State agricultural experiment
station work shall be distributed as follows:
1. Twenty per centum shall be allotted equally to each State;
2. Not less than 52 per centum of such sums shall be allotted to each
State, as follows: One-half in an amount which bears the same ratio to
the total amount to be allotted as the rural population of the State
bears to the total rural population of all the States as determined by
the last preceding decennial census current at the time each such
additional sum is first appropriated; and one-half in an amount which
bears the same ratio to the total amount to be allotted as the farm
population of the State bears to the total farm population of all the
States as determined by the last preceding decennial census current at
the time such additional sum is first appropriated;
3. Not more than 25 per centum shall be allotted to the States for
cooperative research in which two or more State agricultural experiment
stations are cooperating to solve problems that concern the agriculture
of more than one State. The funds available for such purposes, together
with funds available pursuant to subsection (b) of this section for like
purpose shall be designated as the ''Regional research fund, State
agricultural experiment stations'', and shall be used only for such
cooperative regional projects as are recommended by a committee of nine
persons elected by and representing the directors of the State
agricultural experiment stations, and approved by the Secretary of
Agriculture. The necessary travel expenses of the committee of nine
persons in performance of their duties may be paid from the fund
established by this paragraph;
4. Repealed. Pub. L. 95-113, title XIV, 1466(a), Sept. 29, 1977, 91
Stat. 1018.
5. Three per centum shall be available to the Secretary of
Agriculture for administration of sections 361a to 361i of this title.
These administrative funds may be used for transportation of scientists
who are not officers or employees of the United States to research
meetings convened for the purpose of assessing research opportunities or
research planning.
(d) Allotment of amounts in excess of $90,000
Of any amount in excess of $90,000 available under sections 361a to
361i of this title for allotment to any State, exclusive of the regional
research fund, State agricultural experiment stations, no allotment and
no payments thereof shall be made in excess of the amount which the
State makes available out of its own funds for research and for the
establishment and maintenance of facilities necessary for the
prosecution of such research: And provided further, That if any State
fails to make available for such research purposes for any fiscal year a
sum equal to the amount in excess of $90,000 to which it may be entitled
for such year, the remainder of such amount shall be withheld by the
Secretary of Agriculture and reapportioned among the States.
(e) ''Administration'' defined
''Administration'' as used in this section shall include
participation in planning and coordinating cooperative regional research
as defined in subsection (c)3 of this section.
(f) Adjustment of payments
In making payments to States, the Secretary of Agriculture is
authorized to adjust any such payment to the nearest dollar.
(g) Reductions and reapportionments
If in any year the amount made available by a State from its own
funds (including any revenue-sharing funds) to a State agricultural
experiment station is reduced because of an increase in the allotment
made available under sections 361a to 361i of this title, the allotment
to the State agricultural experiment station from the appropriation in
the next succeeding fiscal year shall be reduced in an equivalent
amount. The Secretary shall reapportion the amount of such reduction to
other States for use by their agricultural experiment stations.
(Mar. 2, 1887, ch. 314, 3, 24 Stat. 441; Aug. 11, 1955, ch. 790,
1, 69 Stat. 671; June 23, 1972, Pub. L. 92-318, title V, 506(l), 86
Stat. 351; Sept. 29, 1977, Pub. L. 95-113, title XIV, 1466, 91 Stat.
1018; Dec. 22, 1981, Pub. L. 97-98, title XIV, 1442(a), 95 Stat.
1321; Nov. 28, 1990, Pub. L. 101-624, title XVI, 1618(a), 104 Stat.
3733.)
Section is based on first sentence of section 3 of act Mar. 2, 1887,
which was formerly classified to section 368 of this title. See section
361g of this title. The second sentence of said section 3 was reenacted
in act Feb. 24, 1925, ch. 308, 3, 43 Stat. 971, and was classified
to former section 366 of this title which was repealed by act Aug. 11,
1955, ch. 790, 2, 69 Stat. 674.
1990 -- Subsec. (d). Pub. L. 101-624 inserted before period at end
''and reapportioned among the States''.
1981 -- Subsec. (g). Pub. L. 97-98 added subsec. (g).
1977 -- Subsec. (c)(4). Pub. L. 95-113, 1466(a), struck out par.
(4) which provided that not less than 20 per centum of any sums
appropriated pursuant to subsec. (c) for distribution to States be used
for conducting marketing research projects approved by the Department of
Agriculture.
Subsec. (c)(5). Pub. L. 95-113, 1466(b), inserted provision
authorizing the use of administrative funds for the transportation of
scientists who are not officers or employees of the United States to
research meetings convened for the purpose of assessing research
opportunities or research planning.
1972 -- Subsec. (b). Pub. L. 92-318 designated existing provisions
as par. (1) and added par. (2).
1955 -- Act Aug. 11, 1955, amended section generally to authorize
appropriations and to provide for allotment of grants. For provisions
which related to advice and assistance by the Secretary of Agriculture,
see section 361g of this title.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as an Effective Date note
under section 326a of this title.
Additional appropriations for research work, see section 427i of this
title.
Annual appropriations for agricultural colleges, see section 322 of
this title.
07 USC 361d. Use of funds
TITLE 7 -- AGRICULTURE
Moneys appropriated pursuant to sections 361a to 361i of this title
shall also be available, in addition to meeting expenses for research
and investigations conducted under authority of section 361b of this
title, for printing and disseminating the results of such research,
retirement of employees subject to the provisions of section 331 of this
title, administrative planning and direction, and for the purchase and
rental of land and the construction, acquisition, alteration, or repair
of buildings necessary for conducting research. The State agricultural
experiment stations are authorized to plan and conduct any research
authorized under section 361b of this title in cooperation with each
other and such other agencies and individuals as may contribute to the
solution of the agricultural problems involved, and moneys appropriated
pursuant to sections 361a to 361i of this title shall be available for
paying the necessary expenses of planning, coordinating, and conducting
such cooperative research.
(Mar. 2, 1887, ch. 314, 4, 24 Stat. 441; Aug. 11, 1955, ch. 790,
1, 69 Stat. 672.)
Section was formerly classified to section 365 of this title.
1955 -- Act Aug. 11, 1955, amended section generally to provide for
printing and disseminating the results of research, retirement of
employees, administrative planning and direction, purchase and rental of
land, and the construction, acquisition, alteration, or repair of
buildings necessary for conducting research. Former provisions which
related to issuance and free mailing of publications are now contained
in section 361f of this title.
07 USC 361e. Payment of allotments to State agricultural experiment
stations; directors and treasurers or other officers; accounting;
reports to Secretary; replacement by States of diminished, lost or
misapplied allotments; subsequent allotments or payments contingent on
such replacement
TITLE 7 -- AGRICULTURE
Sums available for allotment to the States under the terms of
sections 361a to 361i of this title, excluding the regional research
fund authorized by section 361c(c)(3) of this title, shall be paid to
each State agricultural experiment station in equal quarterly payments
beginning on the first day of October of each fiscal year upon vouchers
approved by the Secretary of Agriculture. Each such station authorized
to receive allotted funds shall have a chief administrative officer
known as a director, and a treasurer or other officer appointed by the
governing board of the station. Such treasurer or other officer shall
receive and account for all funds allotted to the State under the
provisions of sections 361a to 361i of this title and shall report, with
the approval of the director, to the Secretary of Agriculture on or
before the first day of December of each year a detailed statement of
the amount received under provisions of said sections during the
preceding fiscal year, and of its disbursement on schedules prescribed
by the Secretary of Agriculture. If any portion of the allotted moneys
received by the authorized receiving officer of any State agricultural
experiment station shall by any action or contingency be diminished,
lost, or misapplied, it shall be replaced by the State concerned and
until so replaced no subsequent appropriation shall be allotted or paid
to such State.
(Mar. 2, 1887, ch. 314, 5, 24 Stat. 441; Aug. 11, 1955, ch. 790,
1, 69 Stat. 673; Apr. 21, 1976, Pub. L. 94-273, 9(2), 90 Stat. 378.)
Section was formerly classified to section 368a of this title. See
sections 361c and 361d of this title.
1976 -- Pub. L. 94-273 substituted ''October'' for ''July'' and
''December'' for ''September''.
1955 -- Act Aug. 11, 1955, amended section generally to provide for
quarterly payment of allotments, to require annual report of allotments
and disbursements, and to provide for replacement of funds diminished,
lost, or misapplied. For provisions which authorized appropriations for
investigations and experiments, see sections 361c and 361d of this
title.
07 USC 361f. Publications of experiment stations; free mailing
TITLE 7 -- AGRICULTURE
Bulletins, reports, periodicals, reprints of articles, and other
publications necessary for the dissemination of results of the
researches and experiments, including lists of publications available
for distribution by the experiment stations, shall be transmitted in the
mails of the United States under penalty indicia: Provided, however,
That each publication shall bear such indicia as are prescribed by the
United States Postal Service and shall be mailed under such regulations
as the United States Postal Service may from time to time prescribe.
Such publications may be mailed from the principal place of business of
the station or from an established subunit of said station.
(Mar. 2, 1887, ch. 314, 6, 24 Stat. 441; Aug. 11, 1955, ch. 790,
1, 69 Stat. 673; Aug. 12, 1970, Pub. L. 91-375, 4(a), 84 Stat. 773.)
Section was formerly classified to section 377 of this title. See
section 361g of this title.
1955 -- Act Aug. 11, 1955, amended section generally to authorize
free mailing of publications by the agricultural experiment stations.
For provisions which related to the unexpended balance of annual
appropriation, see section 361g of this title.
''United States Postal Service'' substituted in text for ''Postmaster
General'' pursuant to Pub. L. 91-375, 4(a), Aug. 12, 1970, 84 Stat.
773, set out as a note under section 201 of Title 39, Postal Service,
which abolished office of Postmaster General of Post Office Department
and transferred its functions to United States Postal Service.
Penalty mail, authorization to use, see section 3202 of Title 39,
Postal Service.
Preparation and printing of annual report of experiment stations, see
section 418 of this title.
Sale of card index of literature prepared in connection with the
administration of sections 361a to 361i of this title, see section 384
of this title.
07 USC 361g. Secretary of Agriculture; powers and duties; rules and
regulations; determination of amount of entitlement; deduction of
unexpended balances
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is charged with the responsibility for
the proper administration of sections 361a to 361i of this title, and is
authorized and directed to prescribe such rules and regulations as may
be necessary to carry out its provisions. It shall be the duty of the
Secretary to furnish such advice and assistance as will best promote the
purposes of said sections, including participation in coordination of
research initiated under said sections by the State agricultural
experiment stations, from time to time to indicate such lines of inquiry
as to him seem most important, and to encourage and assist in the
establishment and maintenance of cooperation by and between the several
State agricultural experiment stations, and between the stations and the
United States Department of Agriculture.
On or before the first day of October in each year after the passage
of sections 361a to 361i of this title, the Secretary of Agriculture
shall ascertain as to each State whether it is entitled to receive its
share of the annual appropriations for agricultural experiment stations
under said sections and the amount which thereupon each is entitled,
respectively, to receive.
Whenever it shall appear to the Secretary of Agriculture from the
annual statement of receipts and expenditures of funds by any State
agricultural experiment station that any portion of the preceding annual
appropriation allotted to that station under sections 361a to 361i of
this title remains unexpended, such amount shall be deducted from the
next succeeding annual allotment to the State concerned.
If the Secretary of Agriculture shall withhold from any State any
portion of the appropriations available for allotment, the facts and
reasons therefor shall be reported to the President and the amount
involved shall be kept separate in the Treasury until the close of the
next Congress. If the next Congress shall not direct such sum to be
paid, it shall be carried to surplus.
(Mar. 2, 1887, ch. 314, 7, 24 Stat. 441; Aug. 11, 1955, ch. 790,
1, 69 Stat. 673; June 29, 1960, Pub. L. 86-533, 1(22), 74 Stat. 249;
Apr. 21, 1976, Pub. L. 94-273, 3(2), 90 Stat. 376.)
Section was formerly classified to section 379 of this title. See
section 361h of this title.
1976 -- Pub. L. 94-273 substituted ''October'' for ''July'' in
second par.
1960 -- Pub. L. 86-533 repealed provisions which required the
Secretary of Agriculture to make a report to the Congress of the
receipts, expenditures and work of the agricultural experiment stations
in all the States under the provisions of sections 361a to 361i of this
title.
1955 -- Act Aug. 11, 1955, amended section generally to prescribe
the powers and duties of the Secretary of Agriculture, to provide for
the determination of the amount of entitlement, to authorize deduction
of unexpended balances, and to require reports. For provisions which
stated that the relation of the college to the State was unaffected, see
section 361h of this title.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 361h. Relation of college or university to State unaffected;
division of appropriations
TITLE 7 -- AGRICULTURE
Nothing in sections 361a to 361i of this title shall be construed to
impair or modify the legal relation existing between any of the colleges
or universities under whose direction State agricultural experiment
stations have been established and the government of the States in which
they are respectively located. States having agricultural experiment
stations separate from such colleges or universities and established by
law, shall be authorized to apply such benefits to research at stations
so established by such States: Provided, That in any State in which
more than one such college, university, or agricultural experiment
station has been established the appropriations made pursuant to
sections 361a to 361i of this title for such State shall be divided
between such institutions as the legislature of such State shall direct.
(Mar. 2, 1887, ch. 314, 8, 24 Stat. 441; Aug. 11, 1955, ch. 790,
1, 69 Stat. 674.)
Section was formerly classified to section 378 of this title.
1955 -- Act Aug. 11, 1955, amended section generally to provide that
the relation between the college and the State is to be unaffected, and
to require division of appropriations.
07 USC 361i. Power to amend, repeal, etc., reserved
TITLE 7 -- AGRICULTURE
The Congress may at any time, amend, suspend, or repeal any or all of
the provisions of sections 361a to 361i of this title.
(Mar. 2, 1887, ch. 314, 9, 24 Stat. 442; Aug. 11, 1955, ch. 790,
1, 69 Stat. 674.)
Section was formerly classified to section 368b of this title. The
provisions of section 368b were eliminated from section 361i of this
title.
1955 -- Act Aug. 11, 1955, amended section generally to reserve the
right to Congress to amend, suspend, or repeal any or all of the
provisions of sections 361a to 361i of this title, and to strike out
provisions which subjected grants of moneys to the legislative assent of
the several States and Territories.
07 USC 362, 363. Transferred
TITLE 7 -- AGRICULTURE
Sections, acts Mar. 2, 1887, ch. 314, 1, 2, 24 Stat. 440; Aug.
11, 1955, ch. 790, 1, 69 Stat. 671, were transferred to sections 361a
and 361b, respectively, of this title.
07 USC 364. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat. 675
TITLE 7 -- AGRICULTURE
Section, act Mar. 2, 1889, ch. 373, 25 Stat. 840, required all
agricultural experiment stations to devote a portion of their work to
the examination and classification of the soils of their respective
States and Territories.
Any rights or liabilities existing under this section as unaffected
by repeal, see section 2 of act Aug. 11, 1955, set out as a note under
former section 361 of this title.
07 USC 365. Transferred
TITLE 7 -- AGRICULTURE
Section, acts Mar. 2, 1887, ch. 314, 4, 24 Stat. 441; Aug. 11,
1955, ch. 790, 1, 69 Stat. 672, was transferred to section 361d of
this title. For provisions of section 365 of this title which related
to issuance and free mailing by stations of bulletins or reports, see
section 361f of this title.
07 USC 366. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat. 674
TITLE 7 -- AGRICULTURE
Section, acts Mar. 16, 1906, ch. 951, 3, 34 Stat. 63; Feb. 24,
1925, ch. 308, 3, 43 Stat. 971, provided for annual reports by
agricultural experiment stations to governors.
Any rights or liabilities existing under this section as unaffected
by repeal, see section 2 of act Aug. 11, 1955, set out as a note under
section 361 of this title.
07 USC 367. Omitted
TITLE 7 -- AGRICULTURE
Section was from act July 28, 1953, ch. 251, title I, 67 Stat. 207,
the Department of Agriculture Appropriation Act, 1954, and authorized
the Secretary of Agriculture to prescribe the form of the annual
financial statement required from the agricultural experiment stations.
See section 361e of this title.
Similar provisions were contained in the following prior
appropriation acts:
July 5, 1952, ch. 574, title I, 66 Stat. 337.
Aug. 31, 1951, ch. 374, title I, 65 Stat. 228.
Sept. 6, 1950, ch. 896, ch. VI, title I, 64 Stat. 660.
June 29, 1949, ch. 280, title I, 63 Stat. 330.
June 19, 1948, ch. 543, title I, 62 Stat. 514.
July 30, 1947, ch. 356, title I, 61 Stat. 530.
June 22, 1946, ch. 445, 60 Stat. 277.
May 5, 1945, ch. 109, 59 Stat. 143.
June 28, 1944, ch. 296, 58 Stat. 432.
July 12, 1943, ch. 215, 57 Stat. 400.
July 22, 1942, ch. 516, 56 Stat. 670.
July 1, 1941, ch. 267, 55 Stat. 412.
June 25, 1940, ch. 421, 54 Stat. 536.
June 30, 1939, ch. 253, title I, 53 Stat. 944.
June 16, 1938, ch. 464, title I, 52 Stat. 715.
June 29, 1937, ch. 404, 50 Stat. 399.
June 4, 1936, ch. 489, 49 Stat. 1425.
May 17, 1935, ch. 131, title I, 49 Stat. 251.
Mar. 26, 1934, ch. 89, 48 Stat. 471.
Mar. 3, 1933, ch. 203, 47 Stat. 1435.
July 7, 1932, ch. 443, 47 Stat. 613.
Feb. 23, 1931, ch. 278, 46 Stat. 1246.
May 27, 1930, ch. 341, 46 Stat. 396.
Feb. 16, 1929, ch. 227, 45 Stat. 1192.
May 16, 1928, ch. 572, 45 Stat. 542.
Jan. 18, 1927, ch. 39, 44 Stat. 979.
May 11, 1926, ch. 286, 44 Stat. 502.
Feb. 10, 1925, ch. 200, 43 Stat. 824.
07 USC 368 to 368b. Transferred
TITLE 7 -- AGRICULTURE
Section 368, acts Mar. 2, 1887, ch. 314, 3, 24 Stat. 441; Aug.
11, 1955, ch. 790, 1, 69 Stat. 671, was transferred to section 361c
of this title. For provisions of section 368 which provided for
assistance and advice by the Secretary of Agriculture, see section 361g
of this title.
Section 368a, acts Mar. 2, 1887, ch. 314, 5, 24 Stat. 441; Aug.
11, 1955, ch. 790, 1, 69 Stat. 673, was transferred to section 361e
of this title. For provisions of section 368a which authorized
appropriations for investigations and experiments, see sections 361c and
361d of this title.
Section 368b, acts Mar. 8, 1887, ch. 314, 9, 24 Stat, 442; Aug.
11, 1955, ch. 790, 1, 69 Stat. 674, was transferred to section 361i
of this title. Former provisions of section 368b making grants of money
authorized by section 368a of this title subject to the legislative
assent of the States and Territories were eliminated from section 361i.
07 USC 368c. Omitted
TITLE 7 -- AGRICULTURE
Section, act Mar. 2, 1887, ch. 314, 10, 24 Stat. 442, which was
not reenacted by act Aug. 11, 1955, ch. 790, 69 Stat. 671, reserved
the right to Congress to amend, suspend, or repeal any or all of the
provisions of act Mar. 2, 1887. See section 361i of this title.
07 USC 369 to 376. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat.
674
TITLE 7 -- AGRICULTURE
Section 369, act Mar. 16, 1906, ch. 951, 1, 34 Stat. 63,
authorized annual appropriations for agricultural experiment stations.
See section 361c of this title.
Section 369a, acts June 20, 1936, ch. 631, 1, 2, 49 Stat. 1553,
1554; Aug. 29, 1950, ch. 820, 64 Stat. 563, extended provisions of
former sections 343a, 343b, 361, 366, 369, 370, 371, 373 to 376, 380,
and 382 of this title to Alaska. See section 361a of this title.
Section 370, act Feb. 24, 1925, ch. 308, 1, 43 Stat. 970,
authorized an additional appropriation of $60,000 for each fiscal year.
See section 361c of this title.
Section 371, acts Mar. 16, 1906, ch. 951, 2, 34 Stat. 63; Feb.
24, 1925, ch. 308, 2, 43 Stat. 971, made grants of money authorized
for agricultural experiment stations subject to the legislative assent
of the several States and Territories.
Section 372, act June 7, 1888, ch. 373, 25 Stat. 176, provided for
assent to installments of appropriations when the legislature is not in
session.
Section 373, acts Mar. 16, 1906, ch. 951, 2, 34 Stat. 63; Feb.
24, 1925, ch. 308, 2, 43 Stat. 971, prescribed the time and manner of
payments to agricultural experiment stations and required a report of
expenditures to the Secretary of Agriculture. See sections 361c and
361e of this title.
Section 374, acts Mar. 16, 1906, ch. 951, 3, 34 Stat. 63; Feb.
24, 1925, ch. 308, 3, 43 Stat. 971, required the State to replace
moneys misapplied. See section 361e of this title.
Section 375, acts Mar. 16, 1906, ch. 951, 3, 34 Stat. 63; Feb.
24, 1925, ch. 308, 3, 43 Stat. 971, permitted use of funds for
purchase, repairs, etc., of buildings, or for purchase or rental of
lands. See section 361d of this title.
Section 376, acts Mar. 16, 1906, ch. 951, 4, 34 Stat. 64; Feb.
24, 1925, ch. 308, 4, 43 Stat. 971, provided for certification of
amounts due States for agricultural experiment stations, for withholding
certificate, and for redress by Congress. See section 361g of this
title.
Any rights or liabilities existing under sections 369 to 376 as
unaffected by repeal, see section 2 of act Aug. 11, 1955, set out as a
note under former section 361 of this title.
07 USC 377 to 379. Transferred
TITLE 7 -- AGRICULTURE
Section 377, acts Mar. 2, 1887, ch. 314, 6, 24 Stat. 441; Aug.
11, 1955, ch. 790, 1, 69 Stat. 673, was transferred to section 361f
of this title. For provisions of section 377 which related to
unexpended part of annual appropriations, see section 361g of this
title.
Section 378, acts Mar. 2, 1887, ch. 314, 8, 24 Stat. 441; Aug.
11, 1955, ch. 790, 1, 69 Stat. 674, was transferred to section 361h
of this title.
Section 379, acts Mar. 2, 1887, ch. 314, 7, 24 Stat. 441; Aug.
11, 1955, ch. 790, 1, 69 Stat. 673, was transferred to section 361g
of this title. For provisions of section 379 which provided that the
relation of the college to the State was unaffected, see section 361h of
this title.
07 USC 380. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat. 674
TITLE 7 -- AGRICULTURE
Section, acts Mar. 16, 1906, ch. 951, 5, 34 Stat. 64; Feb. 24,
1925, ch. 308, 5, 43 Stat. 972, provided for an annual report to
Congress. See section 361g of this title.
Any rights or liabilities existing under this section as unaffected
by repeal, see section 2 of act Aug. 11, 1955, set out as a note under
former section 361 of this title.
07 USC 381. Omitted
TITLE 7 -- AGRICULTURE
Section was from act Mar. 2, 1901, ch. 805, 31 Stat. 935, the
Agricultural Appropriation Act, 1902, and authorized the Secretary of
Agriculture to employ personnel and to incur administrative expenses in
carrying out the objects of the agricultural experiment station program.
See section 361g of this title.
Similar provisions were contained in several prior appropriation
acts.
07 USC 382, 383. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat.
674, 675
TITLE 7 -- AGRICULTURE
Section 382, acts Mar. 16, 1906, ch. 951, 6, 34 Stat. 64; Feb.
24, 1925, ch. 308, 6, 43 Stat. 972, reserved the right to Congress to
amend, suspend or repeal any and all of the provisions of act Mar. 16,
1906. See section 361i of this title.
Section 383, act Oct. 1, 1918, ch. 178, 40 Stat. 998, authorized
appropriations for the Georgia Experiment Station. See section 361c of
this title.
Any rights or liabilities existing under these sections as unaffected
by repeal, see section 2 of act Aug. 11, 1955, set out as a note under
former section 361 of this title.
07 USC 384. Card index of agricultural literature; copies to be
furnished by Secretary
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may furnish to such institutions or
individuals as may care to buy them copies of the card index of
agricultural literature prepared by the Department of Agriculture in
connection with its administration of the Act of March second, eighteen
hundred and eighty-seven (7 U.S.C. 361a et seq.), and the Act of March
sixteenth, nineteen hundred and six, and the Acts amendatory of and
supplementary thereto, and charge for the same a price covering the
additional expenses involved in the preparation of these copies, the
money received from such sales to be deposited in the Treasury of the
United States as miscellaneous receipts.
(Mar. 4, 1915, ch. 144, 38 Stat. 1109.)
The Act of March second, eighteen hundred and eighty-seven, referred
to in text, is act Mar. 2, 1887, ch. 314, 24 Stat. 440, as amended,
popularly known as the Hatch Act of 1887, which is classified generally
to sections 361a to 361i of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 361a of
this title and Tables.
The Act of March sixteenth, nineteen hundred and six, referred to in
text, means act Mar. 16, 1906, ch. 951, 34 Stat. 63, as amended,
known as the Adams Act of 1906, which was classified to sections 361,
366, 369, 371, 373 to 376, 380, and 382 of this title, and was repealed
by act Aug. 11, 1955, ch. 790, 2, 69 Stat. 674. For complete
classification of this Act to the Code prior to repeal, see Tables.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 385. South Carolina Experiment Station; cooperation by
Secretary of Agriculture; lump sum appropriation
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated the sum of $50,000 to enable
the Secretary of Agriculture to cooperate with the South Carolina
Agricultural Experiment Station and/or other agencies in making
investigations and experiments in dairying and livestock industries and
of the problems pertaining to the establishment and development of such
industries, including cropping systems, soil improvement, and farm
organization studies of such industries, and for demonstration,
assistance, and service in developing the agriculture of the Sand Hill
region of the Southeast.
(Mar. 3, 1927, ch. 367, 1, 44 Stat. 1397.)
07 USC 385a. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated each fiscal year necessary
appropriations to enable the Secretary of Agriculture to carry on the
cooperative experiments contemplated by section 385 of this title.
(Mar. 3, 1927, ch. 367, 2, as added Feb. 4, 1928, ch. 24, 45 Stat.
57.)
07 USC 386 to 386f. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat.
674
TITLE 7 -- AGRICULTURE
Sections 386 to 386b, act May 16, 1928, ch. 575, 1-3, 45 Stat.
571, 572, provided for establishment of an experiment station in Hawaii,
authorized appropriations and an increase in permanent annual
appropriations. See sections 361a and 361c of this title.
Section 386c, act Feb. 23, 1929, ch. 299, 45 Stat. 1256, extended
provisions of agricultural experiment station program to Alaska. See
section 361a of this title.
Sections 386d to 386f, acts Mar. 4, 1931, ch. 499, 1-3, 46 Stat.
1520, 1521; May 17, 1932, ch. 190, 47 Stat. 158, provided for
establishment of an experiment station in Puerto Rico, authorized
appropriations and an increase in permanent annual appropriations. See
sections 361a and 361c of this title.
Any rights or liabilities existing under sections 386 to 386f as
unaffected by repeal, see section 2 of act Aug. 11, 1955, set out as a
note under former section 361 of this title.
07 USC 386g. Repealed. Oct. 31, 1951, ch. 654, 1(10), 65 Stat. 701
TITLE 7 -- AGRICULTURE
Section, act July 7, 1932, ch. 443, 1, 47 Stat. 614, related to
transfer or sale of property of Alaska, Guam, and Virgin Islands
stations.
07 USC SUBCHAPTER II -- EXPERIMENT STATIONS FOR PROPAGATION OF TREES,
SHRUBS, VINES, AND VEGETABLES
TITLE 7 -- AGRICULTURE
07 USC 387. Station for semi-arid or dry-land regions; establishment
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to cause such
shade, ornamental, fruit, and shelter-belt trees, shrubs, vines, and
vegetables as are adapted to the conditions and needs of the semi-arid
or dry-land regions of the United States, to be propagated at an
experiment station of the Department of Agriculture to be established at
or near Cheyenne, Wyoming, and seedlings, and cuttings and seeds of such
trees, shrubs, vines, and vegetables to be distributed free of charge
under such regulations as he may prescribe for experimental and
demonstration purposes within the semi-arid or dry-land regions of the
United States.
(Mar. 19, 1928, ch. 228, 1, 45 Stat. 323.)
All functions of all officers, agencies and employees of the
Department of Agriculture were transferred, with certain exceptions, to
the Secretary of Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June
4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section
2201 of this title.
07 USC 387a. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated each fiscal year necessary
appropriations to enable the Secretary of Agriculture to carry on the
experiments contemplated by section 387 of this title.
(Mar. 19, 1928, ch. 228, 3, 45 Stat. 323.)
07 USC 388. Station for southern Great Plains area; establishment
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to cause such
shade, ornamental, fruit, and shelter-belt trees, shrubs, and vines as
are adapted to the conditions and needs of the southern Great Plains
area, comprised of those parts of the States of Colorado, Nebraska,
Kansas, Texas, Oklahoma, and New Mexico lying west of the ninety-eighth
meridian and east of the five thousand-foot contour line, to be
propagated at one of the existing field stations of the Department of
Agriculture in such area, and seedlings and cuttings and seeds of such
trees, shrubs, and vines to be distributed free of charge under such
regulations as he may prescribe for experimental and demonstration
purposes within such area.
(Apr. 16, 1928, ch. 377, 1, 45 Stat. 430.)
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 388a. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated each fiscal year necessary
appropriations to enable the Secretary of Agriculture to carry on the
experiments contemplated by section 388 of this title.
(Apr. 16, 1928, ch. 377, 3, 45 Stat. 431.)
07 USC 389. Transfer of certain dry land and irrigation field stations
to States
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized, at such times as he deems
appropriate, to convey by appropriate conveyances, without
consideration, the interest of the United States in the lands, including
water rights, buildings, and improvements presently comprising or
appurtenant to the following dry land and irrigation field stations, to
the States in which such stations are located, when, in the opinion of
the Secretary of Agriculture, the transfer of any such station will
result in establishing a more effective program in the cooperative
agricultural experimental work of the Department of Agriculture and the
respective State and the furtherance of agricultural experimental work
on a national or regional basis will be better served by such transfer:
Huntley, Montana; Mitchell, Nebraska; Fallon, Nevada; Tucumcari, New
Mexico; Hermiston, Oregon; Sheridan, Wyoming: Provided, That when any
or all of the land, including water rights, comprising any such station
is public-domain land, only the Secretary of the Interior may by patent
or other appropriate conveyance transfer such lands to the respective
States: Provided further, That when any easement necessary to a station
conveyed or patented hereunder is on public-domain lands, only the
Secretary of the Interior may grant such easements to the State to which
the station has been conveyed.
(Sept. 23, 1950, ch. 1005, 1, 64 Stat. 981.)
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 389a. Conditions of transfer of dry land and irrigation field
stations; reservation of mineral rights
TITLE 7 -- AGRICULTURE
Conveyances or patents under this section and section 389 of this
title shall be upon such conditions as in the opinion of the Secretary
of Agriculture will assure the use of such station in the cooperative
agricultural experimental work of the Department of Agriculture and the
respective State. Any such conveyances of the land shall contain a
reservation to the United States of all the minerals in the land
together with the right to prospect for, mine, and remove the same under
such regulations as the Secretary of the Interior may prescribe.
(Sept. 23, 1950, ch. 1005, 2, 64 Stat. 982.)
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC SUBCHAPTER III -- RESEARCH FACILITIES
TITLE 7 -- AGRICULTURE
07 USC 390. Congressional declaration of policy
TITLE 7 -- AGRICULTURE
It is declared to be the policy of the Congress to continue its
support of agricultural research at eligible institutions through
Federal-grant funds on a matching funds basis, to help finance physical
facilities and equipment as required for the effective conduct of
agricultural research and related academic programs.
(Pub. L. 88-74, 1, July 22, 1963, 77 Stat. 90; Pub. L. 95-113,
title XIV, 1416(3), Sept. 29, 1977, 91 Stat. 996; Pub. L. 99-198,
title XIV, 1411(a), Dec. 23, 1985, 99 Stat. 1547.)
1985 -- Pub. L. 99-198 substituted ''Federal-grant funds on a
matching funds basis'' for ''Federal-grant funds'', ''facilities and
equipment'' for ''facilities'', and ''agricultural research and related
academic programs'' for ''an adequate research program''.
1977 -- Pub. L. 95-113 substituted ''eligible institutions'' for
''the State agricultural experiment stations'' and struck out ''on a
matching basis,'' after ''Federal-grant funds''.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Section 10 of Pub. L. 88-74, as added by Pub. L. 99-198, title XIV,
1411(l), Dec. 23, 1985, 99 Stat. 1548, provided that: ''This Act
(enacting this subchapter) may be cited as the 'Research Facilities
Act'.''
07 USC 390a. Congressional declaration of purpose
TITLE 7 -- AGRICULTURE
The purpose of this subchapter is to assist eligible institutions in
the construction, acquisition, and remodeling of buildings,
laboratories, and other capital facilities (including the acquisition of
fixtures and equipment) which are necessary to more effectively conduct
research in agriculture and sciences related thereto through means of
matching grants from the Federal Government.
(Pub. L. 88-74, 2, July 22, 1963, 77 Stat. 90; Pub. L. 95-113,
title XIV, 1416(3), Sept. 29, 1977, 91 Stat. 996; Pub. L. 99-198,
title XIV, 1411(b), Dec. 23, 1985, 99 Stat. 1547.)
1985 -- Pub. L. 99-198 struck out ''which are to become a part of
such buildings'' after ''equipment'' in parenthetical clause and
substituted ''matching grants'' for ''grants''.
1977 -- Pub. L. 95-113 substituted ''eligible institutions'' for
''the State agricultural experiment stations''.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 390b. Definitions
TITLE 7 -- AGRICULTURE
As used in sections 390a to 390j, inclusive, of this title --
(1) the term ''State'' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, and the Virgin Islands of the United States;
(2) the term ''eligible institution'' means a department established
under provisions of the Act of March 2, 1887 (24 Stat. 440-442, as
amended; 7 U.S.C. 361a-361i), and under the direction of a college or
university established in any State in accordance with the Act of July
2, 1862 (12 Stat. 503-505, as amended; 7 U.S.C. 301-305, 307 and 308),
a department otherwise established pursuant to standards prescribed by
any State the purpose of which is to conduct agricultural, forestry, or
veterinary medicine research, the Connecticut Agricultural Experiment
Station at New Haven, Connecticut, the Ohio Agricultural Experiment
Station at Wooster, Ohio, and those colleges, universities, and other
legal entities in each State now receiving, or which may hereafter
receive, benefits under the Act of August 30, 1890 (26 Stat. 417-419, as
amended; 7 U.S.C. 321-326 and 328), including the Tuskegee Institute,
or the Act of October 10, 1962 (76 Stat. 806-807, as amended; 16 U.S.C.
582a, 582a-1 -- 582a-7); and
(3) the term ''Secretary'' shall mean the Secretary of Agriculture.
(Pub. L. 88-74, 3, July 22, 1963, 77 Stat. 90; Pub. L. 95-113,
title XIV, 1416(1), Sept. 29, 1977, 91 Stat. 994; Pub. L. 99-198,
title XIV, 1411(c), Dec. 23, 1985, 99 Stat. 1547.)
Act of March 2, 1887 (24 Stat. 440-442, as amended; 7 U.S.C.
361a-361i), referred to in par. (2), is act Mar. 2, 1887, ch. 314, 24
Stat. 440, as amended, popularly known as the Hatch Act of 1887, which
is classified generally to sections 361a to 361i of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 361a of this title and Tables.
Act of July 2, 1862 (12 Stat. 503-505, as amended; 7 U.S.C.
301-305, 307 and 308), referred to in par. (2), is act July 2, 1862,
ch. 130, 12 Stat. 503, as amended, popularly known as the Morrill Act
and also as the First Morrill Act, which is classified generally to
subchapter I ( 301 et seq.) of chapter 13 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 301 of this title and Tables.
Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C.
321-326 and 328), referred to in par. (2), is act Aug. 30, 1890, ch.
841, 26 Stat. 417, as amended, popularly known as the Agricultural
College Act of 1890 and also as the Second Morrill Act, which is
classified generally to subchapter II ( 321 et seq.) of chapter 13 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 321 of this title and Tables.
Act of October 10, 1962 (76 Stat. 806-807, as amended; 16 U.S.C.
582a, 582a-1 -- 582a-7), referred to in par. (2), is Pub. L. 87-788,
Oct. 10, 1962, 76 Stat. 806, as amended, known as the McIntire-Stennis
Act of 1962, which is classified generally to subchapter III ( 582a et
seq.) of chapter 3 of Title 16, Conservation. For complete
classification of this Act to the Code, see Tables.
1985 -- Par. (1). Pub. L. 99-198, 1411(c)(1), added par. (1) and
struck out former par. (1) which provided ''the term 'State' shall
include Puerto Rico''.
Par. (2). Pub. L. 99-198, 1411(c)(2), inserted '', forestry, or
veterinary medicine'' after ''to conduct agricultural''.
1977 -- Par. (2). Pub. L. 95-113 substituted definition of
''eligible institution'' for definition of ''State agricultural
experiment station''.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 390c. Administration
TITLE 7 -- AGRICULTURE
(a) Authorization of appropriations
There are authorized to be appropriated, for grants to eligible
institutions under this subchapter to be used for the purpose set out in
section 390a of this title, $50,000,000 for each of the fiscal years
1991 through 1995.
(b) Limitation on amount of grant; funding from non-Federal sources
No grant may be made under section 390a of this title for an amount
exceeding a percentage determined by the Secretary of the cost of the
project for which such grant is made. The remaining cost of such
project shall be paid with funds from non-Federal sources.
(c) Rules and regulations
It shall be the duty and responsibility of the Secretary to
administer the provisions of this subchapter under such rules and
regulations as the Secretary may prescribe as necessary therefor.
(Pub. L. 88-74, 4, July 22, 1963, 77 Stat. 91; Pub. L. 95-113,
title XIV, 1416(2), Sept. 29, 1977, 91 Stat. 994; Pub. L. 97-98, title
XIV, 1416, Dec. 22, 1981, 95 Stat. 1304; Pub. L. 99-198, title XIV,
1411(d), Dec. 23, 1985, 99 Stat. 1548; Pub. L. 101-624, title XVI,
1601(a), Nov. 28, 1990, 104 Stat. 3703.)
1990 -- Subsec. (a). Pub. L. 101-624 substituted ''$50,000,000'' for
''$20,000,000'' and ''1991 through 1995'' for ''ending September 30,
1986, through September 30, 1990''.
1985 -- Subsec. (a). Pub. L. 99-198, 1411(d)(1), in amending
subsec. (a) generally, substituted ''grants'' for ''allocation'';
authorized appropriations of $20,000,000 for each of the fiscal years
ending Sept. 30, 1986, through Sept. 30, 1990; and struck out
appropriations authorization of 15, 19, 23, and 27 million dollars for
fiscal years ending Sept. 30, 1978, through Sept. 30, 1981, and 31
million dollars for fiscal years ending Sept. 30, 1982, through Sept.
30, 1985, and such sums as may be authorized for any subsequent fiscal
year.
Subsec. (b). Pub. L. 99-198, 1411(d)(2), amended subsec. (b)
generally. Prior to the amendment, subsec. (b) provided for the first
$4,000,000 appropriated for any fiscal year to be apportioned equally
among eligible institutions and any amount in excess of $4,000,000 to be
apportioned by a formula involving the amounts allocated in the
preceding fiscal year.
1981 -- Subsec. (a). Pub. L. 97-98 substituted ''for each of the
fiscal years ending September 30, 1982, September 30, 1983, September
30, 1984, and September 30, 1985'' for ''for the fiscal year ending
September 30, 1982''.
1977 -- Subsec. (a). Pub. L. 95-113 substituted provisions
authorizing the appropriation of specific sums for each fiscal year
through the end of the fiscal year ending Sept. 30, 1982, for
provisions that had simply authorized the appropriation of such funds
''as the Congress deems advisable''.
Subsec. (b). Pub. L. 95-113 revised the formula under which
appropriated funds will be apportioned by replacing a formula which had
directed that one-third of the funds be allotted equally among the
States, with the remaining two-thirds allotted according to a fixed
formula.
Subsec. (c). Pub. L. 95-113 substituted ''this subchapter'' for
''this section'' and ''as the Secretary may prescribe'' for ''as he may
prescribe''.
Section 1411(d)(1) of Pub. L. 99-198 provided that the amendment
made by that section is effective Oct. 1, 1985.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 390d. Eligibility for payments; facility proposals
TITLE 7 -- AGRICULTURE
As a condition for receiving funds under section 390c of this title,
each eligible institution shall submit, in such form as the Secretary
may require, specific proposals for planning, acquisition, construction,
repair, rehabilitation, renovation, or remodeling of buildings,
laboratories, and other capital facilities including the acquisition of
fixtures and equipment, including scientific instrumentation. In a
State having more than one eligible institution the Secretary shall
devise procedures to insure that the facility proposals of the eligible
institutions in such State provide for a coordinated food and
agricultural research program among eligible institutions in such State.
(Pub. L. 88-74, 5, July 22, 1963, 77 Stat. 91; Pub. L. 95-113,
title XIV, 1416(2), Sept. 29, 1977, 91 Stat. 995; Pub. L. 99-198,
title XIV, 1411(e), Dec. 23, 1985, 99 Stat. 1548.)
1985 -- Pub. L. 99-198 struck out ''apportioned'' after ''funds''
and '', which are to become part of such buildings'' after
''instrumentation'' in first sentence.
1977 -- Pub. L. 95-113 inserted planning, repair, rehabilitation,
renovation, and remodeling to enumeration of activities covered by
specific proposals submitted to Secretary and inserted provisions
directing Secretary to devise procedures to be used for coordination of
programs among eligible institutions in States having more than one
eligible institution.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 390e. Repealed. Pub. L. 99-198, title XIV, 1411(f), Dec. 23,
1985, 99 Stat. 1548
TITLE 7 -- AGRICULTURE
Section, Pub. L. 88-74, 6, July 22, 1963, 77 Stat. 91; Pub. L.
95-113, title XIV, 1416(2), Sept. 29, 1977, 91 Stat. 995, related to
continuing availability of unused allotments to eligible institutions
for a period of five fiscal years following the fiscal year of initial
availability thereof.
07 USC 390f. Multiple-purpose equipment and physical facilities; fund
support basis
TITLE 7 -- AGRICULTURE
With respect to multiple-purpose equipment and physical facilities,
the segment or portion thereof which is to be utilized for food and
agricultural research and related programs, including forestry and
veterinary medicine, shall be the basis for determination of fund
support under this subchapter.
(Pub. L. 88-74, 6, formerly 7, July 22, 1963, 77 Stat. 91; Pub.
L. 95-113, title XIV, 1416(2), Sept. 29, 1977, 91 Stat. 995;
renumbered 6 and amended Pub. L. 99-198, title XIV, 1411(g), (k), Dec.
23, 1985, 99 Stat. 1548.)
A prior section 6 of Pub. L. 88-74 was classified to section 390e of
this title and was repealed by section 1411(f) of Pub. L. 99-198.
1985 -- Pub. L. 99-198, 1411(g), inserted ''equipment and'' after
''multiple-purpose'' and ''and related programs, including forestry and
veterinary medicine,'' after ''research''.
1977 -- Pub. L. 95-113 inserted reference to food research.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 390g. Repealed. Pub. L. 99-198, title XIV, 1411(h), Dec. 23,
1985, 99 Stat. 1548
TITLE 7 -- AGRICULTURE
Section, Pub. L. 88-74, 8, July 22, 1963, 77 Stat. 91; Pub. L.
95-113, title XIV, 1416(2), Sept. 29, 1977, 91 Stat. 995, related to
ascertainment of the amount of the allocation to which each institution
was entitled and written notification to each such institution.
07 USC 390h. Fiscal accountability
TITLE 7 -- AGRICULTURE
(a) Chief administrative officers; fiscal officers; duties, reports
Any eligible institution that receives payments under the provisions
of section 390a of this title shall have a chief administrative officer
and a duly designated fiscal officer, who shall be the persons
responsible for receipt of payments under the Acts referred to in
section 390b(2) of this title, to whom payments can be directed by the
Secretary. Such fiscal officer shall receive and account for all funds
paid to such institution pursuant to the provisions of this subchapter,
and shall submit a report, approved by the chief administrative officer
of such institution, to the Secretary on or before the first day of
December of each year. Such report shall contain a detailed statement
of the amount received under the provisions of this subchapter during
the preceding fiscal year, and of its disbursements on schedules
prescribed by the Secretary.
(b) Diminution, loss, or misapplication of funds
If any portion of the funds received under this subchapter by the
duly authorized fiscal officer of any eligible institution shall by any
action or contingency be diminished, lost, or misapplied, it shall be
repaid by the institution concerned, and until repaid no part of any
subsequent appropriation shall be paid to such institution.
(Pub. L. 88-74, 7, formerly 9, July 22, 1963, 77 Stat. 91; Pub.
L. 94-273, 7(1), Apr. 21, 1976, 90 Stat. 378; Pub. L. 95-113, title
XIV, 1416(2), Sept. 29, 1977, 91 Stat. 995; renumbered 7 and amended
Pub. L. 99-198, title XIV, 1411(i), (k), Dec. 23, 1985, 99 Stat. 1548.)
1985 -- Subsec. (a). Pub. L. 99-198, 1411(i)(1), substituted ''that
receives'' for ''authorized to receive'' and references to section
''390a'' and ''390b(2)'' for ''390c'' and ''390c(b)'' of this title,
respectively.
Subsec. (b). Pub. L. 99-198, 1411(i)(2), substituted ''funds
received under this subchapter'' for ''allotted funds received'' and
''shall be paid'' for ''shall be allocated or paid''.
1977 -- Subsec. (a). Pub. L. 95-113 substituted reference to
''eligible institution'' for reference to ''State agricultural
experiment station'', struck out directive that the chief administrative
officer be known as a director, and substituted reference to a ''duly
designated fiscal officer'' for reference to a ''treasurer or other
officer appointed by the governing board''.
Subsec. (b). Pub. L. 95-113 substituted reference to ''duly
authorized fiscal officer of any eligible institution'' for reference to
''authorized receiving officer of any State agricultural experiment
station'' and ''repaid by the institution concerned'' for ''repaid by
the State concerned''.
1976 -- Subsec. (a). Pub. L. 94-273 substituted ''December'' for
''September''.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 390i. Reports to Congress
TITLE 7 -- AGRICULTURE
The Secretary shall make an annual report to Congress during the
first regular session of each year with respect to (1) payments made
under this subchapter, (2) the facilities, by institution, for which
such payments were made, and (3) those eligible institutions, if any,
that were prevented, because of failure to repay funds as required by
section 390h(b) of this title, from receiving any grant under this
subchapter.
(Pub. L. 88-74, 8, formerly 10, July 22, 1963, 77 Stat. 92; Pub.
L. 95-113, title XIV, 1416(2), Sept. 29, 1977, 91 Stat. 995;
renumbered 8 and amended Pub. L. 99-198, title XIV, 1411(j), (k), Dec.
23, 1985, 99 Stat. 1548.)
A prior section 8 of Pub. L. 88-74 was classified to section 390g of
this title and was repealed by section 1411(h) of Pub. L. 99-198.
1985 -- Pub. L. 99-198, 1411(j), amended cl. (3) generally. Prior
to amendment, cl. (3) read as follows: ''whether any portion of the
appropriation available for allotment to any of the eligible
institutions has been withheld and, if so, the reasons therefor''.
1977 -- Pub. L. 95-113 substituted reference to ''eligible
institution'' and ''institution'' for references to ''State'' and
''States'', respectively.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 390j. Availability of appropriated funds for administration
TITLE 7 -- AGRICULTURE
Three per centum of funds appropriated under this subchapter shall be
available to the Secretary for administration of this subchapter.
(Pub. L. 88-74, 9, formerly 11, July 22, 1963, 77 Stat. 92; Pub.
L. 95-113, title XIV, 1416(2), Sept. 29, 1977, 91 Stat. 995;
renumbered 9, Pub. L. 99-198, title XIV, 1411(k), Dec. 23, 1985, 99
Stat. 1548.)
A prior section 9 of Pub. L. 88-74 was renumbered section 7 and is
classified to section 390h of this title.
1977 -- Pub. L. 95-113 substituted provisions making available for
administration three per centum of appropriated funds for provisions
that any agricultural experiment station established by State law be
eligible for benefits and that appropriated funds be divided between
eligible institutions in any one State.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 390k. Repealed. Pub. L. 95-113, title XIV, 1416(2), Sept. 29,
1977, 91 Stat. 994
TITLE 7 -- AGRICULTURE
Section, Pub. L. 88-74, 12, July 22, 1963, 77 Stat. 92, authorized
appropriation of such sums as might be necessary for proper
administration of this subchapter. See section 390j of this title.
Repeal effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113,
set out as an Effective Date of 1977 Amendment note under section 1307
of this title.
07 USC CHAPTER 15 -- BUREAU OF ANIMAL INDUSTRY
TITLE 7 -- AGRICULTURE
Sec.
391. Establishment of bureau; appointment of chief; duties.
392. Repealed.
393. Sale of pathological and zoological specimens; disposition of
moneys.
394. Overtime of employees engaged in enforcement of Meat Inspection
Act.
394a. Overtime of employees working at establishments which prepare
virus, serum, toxin, and analogous products.
395. Fees for rabies diagnoses; disposition of moneys.
396. Inspection of livestock, hides, animal products, etc.; place;
charges; disposition of funds.
397. Omitted.
Animals, meats, and meat and dairy products, see section 603 et seq.
of Title 21, Food and Drugs.
Packers and stockyards, see section 181 et seq. of this title.
07 USC 391. Establishment of bureau; appointment of chief; duties
TITLE 7 -- AGRICULTURE
There shall be in the Department of Agriculture a Bureau of Animal
Industry. The Secretary of Agriculture is authorized to appoint a chief
thereof, who shall be a competent veterinary surgeon, and whose duty it
shall be to investigate and report upon the condition of the domestic
animals and live poultry of the United States, their protection and use,
and also inquire into and report the causes of contagious, infectious,
and communicable diseases among them, and the means for the prevention
and cure of the same, and to collect such information on these subjects
as shall be valuable to the agricultural and commercial interests of the
country.
(May 29, 1884, ch. 60, 1, 23 Stat. 31; July 14, 1890, ch. 707, 26
Stat. 288; Feb. 7, 1928, ch. 30, 45 Stat. 59.)
Section is composed of part of section 1 of act May 29, 1884.
Section 1 of that act as originally enacted contained this further
provision: ''And the Commissioner of Agriculture is hereby authorized
to employ a force sufficient for the purpose, not to exceed 20 persons
at any one time.'' This provision was practically superseded by
subsequent appropriations for an enlarged force.
Section 1 also contained a provision as to salary of the Chief of the
Bureau and a clerk for said bureau, that has been omitted as obsolete.
The salaries are now fixed under chapter 51 and subchapter III of
chapter 53 of Title 5, Government Organization and Employees.
1928 -- Joint Res. Feb. 7, 1928, inserted ''and live poultry'' after
''domestic animals''.
Section 301 of 1947 Reorg. Plan No. 1, eff. July 1, 1947, 12 F.R.
4534, 61 Stat. 952, provided: ''The functions of the following
agencies of the Department of Agriculture, namely, the Bureau of Animal
Industry, the Bureau of Dairy Industry, the Bureau of Plant Industry,
Soils, and Agricultural Engineering, the Bureau of Entomology and Plant
Quarantine, the Bureau of Agricultural and Industrial Chemistry, the
Bureau of Human Nutrition and Home Economics, the Office of Experiment
Stations, and the Agricultural Research Center, together with the
functions of the Agricultural Research Administrator, are transferred to
the Secretary of Agriculture and shall be performed by the Secretary or,
subject to his direction and control, by such officers and agencies of
the Department of Agriculture as he may designate.'' For provisions
concerning transfer of records, property, personnel, and funds, see full
text of this Plan, set out in the Appendix to Title 5, Government
Organization and Employees.
The President's message, set out in the Appendix to Title 5,
Government Organization and Employees, transmitting this Reorg. Plan to
Congress pointed out that the Plan would make it possible to continue
the consolidation of the agencies concerned in the Agricultural Research
Administration which was affected on a temporary wartime basis by Ex.
Ord. No. 9069, Feb. 23, 1942, 7 F.R. 1409, and to make further
adjustments in the organization of agricultural research activities.
Functions of Bureau of Animal Industry which were transferred to
Secretary of Agriculture were transferred to Agricultural Research
Service under Secretary's memorandum 1320, supp. 4, of Nov. 2, 1953.
As of July 1, 1927, by order of the Secretary of Agriculture, the
Packers and Stockyards administration was abolished, and the enforcement
of the Packers and Stockyards Act of 1921, sections 181 to 229 of this
title, put under the control of the chief of the Bureau of Animal
Industry.
Authority formerly granted to Commissioner of Agriculture by section
1 of act of May 29, 1884, vested in Secretary of Agriculture by act July
14, 1890. See also sections 2202 and 2205 of this title.
Functions of Bureau of Animal Industry of Agricultural Research
Administration concerned primarily with regulatory activities
consolidated with other agencies into Food Distribution Administration,
which was consolidated into War Food Administration, which was
terminated and its functions transferred to Secretary of Agriculture, by
Ex. Ord. No. 9577.
Importation of cattle and quarantine, see section 101 et seq. of
Title 21, Food and Drugs.
Improvement in the breeding of horses suitable to needs of United
States, see section 437 of this title.
Leave of absence of employees of the Bureau of Animal Industry, see
section 6301 et seq. of Title 5, Government Organization and Employees.
Penalty for interference with an officer or employee of the Bureau of
Animal Industry in the execution of his duties, see section 111 of Title
18, Crimes and Criminal Procedure.
Prevention of introduction and spread of contagion among livestock,
see section 111 et seq. of Title 21.
07 USC 392. Repealed. Oct. 31, 1951, ch. 654, 1(11), 65 Stat. 701
TITLE 7 -- AGRICULTURE
Section, act Aug. 10, 1912, ch. 284, 37 Stat. 274, related to sale
or exchange of animals not needed. See section 484 of Title 40, Public
Buildings, Property, and Works.
07 USC 393. Sale of pathological and zoological specimens;
disposition of moneys
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to prepare and sell at
cost such pathological and zoological specimens as he may deem of
scientific or educational value to scientists or others engaged in the
work of hygiene and sanitation: Provided, That all moneys received from
the sale of such specimens shall be deposited in the Treasury as
miscellaneous receipts.
(Mar. 4, 1913, ch. 145, 1 (part), 37 Stat. 833.)
Functions of Bureau of Animal Industry transferred to Secretary of
Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1, 1947, 12
F.R. 4534, 61 Stat. 952. See note set out under section 391 of this
title.
07 USC 394. Overtime of employees engaged in enforcement of Meat
Inspection Act
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized, in his discretion, to pay
employees of the Bureau of Animal Industry employed in establishments
subject to the provisions of the Meat Inspection Act of June 30, 1906,
for all overtime work performed at such establishments, at such rates as
he may determine, and to accept from such establishments wherein such
overtime work is performed reimbursement for any sums paid out by him
for such overtime work.
(July 24, 1919, ch. 26, 41 Stat. 241.)
Act of June 30, 1906, referred to in text, is act June 30, 1906, ch.
3913, 34 Stat. 670, which generally made appropriations for the
Department of Agriculture for the fiscal year ending June 30, 1907. The
meat inspection provisions of that Act were not classified to the Code.
For the ''Meat Inspection Act'', see subchapters I to IV ( 601 et seq.)
of chapter 12 of Title 21, Food and Drugs.
Functions of Bureau of Animal Industry transferred to Secretary of
Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1, 1947, 12
F.R. 4534, 61 Stat. 952. See note set out under section 391 of this
title.
Payment of overtime services or for Sunday or holiday work under this
section not prevented by generally applicable premium pay provisions
covering government employees, see section 5549 of Title 5, Government
Organization and Employees.
07 USC 394a. Overtime of employees working at establishments which
prepare virus, serum, toxin, and analogous products
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to pay employees of the
Bureau of Animal Industry employed in establishments subject to the
provisions of section 157 of title 21, for all overtime, night, or
holiday work performed at such establishments, at such rates as he may
determine, and to accept from such establishments wherein such overtime
work is performed reimbursement for any sums paid out by him for such
overtime work.
(Aug. 4, 1949, ch. 392, 63 Stat. 495.)
Functions of Bureau of Animal Industry transferred to Secretary of
Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1, 1947, 12
F.R. 4534, 61 Stat. 952. See note set out under section 391 of this
title.
07 USC 395. Fees for rabies diagnoses; disposition of moneys
TITLE 7 -- AGRICULTURE
Fees shall be charged for all diagnoses in connection with rabies,
except those performed for agencies of the United States Government, in
such amounts as the Secretary shall prescribe, and such fees shall be
covered into the Treasury as miscellaneous receipts.
(Sept. 21, 1944, ch. 412, title I, 101(e), 58 Stat. 734.)
Provisions similar to this section were contained in the following
prior Department of Agriculture Appropriation Acts:
June 28, 1944, ch. 296, 58 Stat. 433.
July 12, 1943, ch. 215, 57 Stat. 401.
July 22, 1942, ch. 516, 56 Stat. 674.
Section 101(g) of act Sept. 21, 1944, provided that Congress may
appropriate such funds as are necessary to accomplish the purpose of
this section.
07 USC 396. Inspection of livestock, hides, animal products, etc.;
place; charges; disposition of funds
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture upon application of any exporter,
importer, packer, or owner of, or the agent thereof, or dealer in,
livestock, hides, skins, meat, or other animal products may, in his
discretion, cause to be made inspections and examinations at places
other than the headquarters of inspectors for the convenience of said
applicants, who may be charged for the expenses of travel and
subsistence incurred for such inspections and examinations, the funds
derived from such charges to be deposited in the Treasury of the United
States to the credit of the appropriation from which the expenses are
paid.
(Sept. 21, 1944, ch. 412, title I, 101(c), 58 Stat. 734.)
Section was formerly classified to section 228a of this title.
Provisions similar to this section were carried in the following
prior Department of Agriculture Appropriation Acts:
June 28, 1944, ch. 296, 58 Stat. 433.
July 12, 1943, ch. 215, 57 Stat. 400.
July 22, 1942, ch. 516, 56 Stat. 673.
July 1, 1941, ch. 267, 55 Stat. 415.
June 25, 1940, ch. 421, 54 Stat. 539.
June 30, 1939, ch. 253, title I, 53 Stat. 948.
June 16, 1938, ch. 464, title I, 52 Stat. 719.
June 29, 1937, ch. 404, 50 Stat. 403.
June 4, 1936, ch. 489, 49 Stat. 1429.
Appropriations of funds necessary to accomplish the purpose of this
section, see note under section 395 of this title.
07 USC 397. Omitted
TITLE 7 -- AGRICULTURE
Section, acts Aug. 28, 1954, ch. 1041, title II, 204(e), 68 Stat.
900; Apr. 2, 1956, ch. 159, 2, 70 Stat. 87, authorized transfer of
Commodity Credit Corporation funds not to exceed $17,000,000 for fiscal
year ending June 30, 1956 and not to exceed $20,000,000 for each of
fiscal years 1957 and 1958 for brucellosis eradication, indemnification
for destroyed cattle and administrative expenses and authorized
appropriations to reimburse the Commodity Credit Corporation for the
expenditures.
07 USC CHAPTER 16 -- BUREAU OF DAIRY INDUSTRY
TITLE 7 -- AGRICULTURE
Sec.
401. Establishment of bureau.
402. Chief of bureau; appointment and duties.
403. Transfer of activities of Department of Agriculture to bureau;
employment of clerks, etc.
404. Authorization of appropriations.
Filled milk, regulation of, see section 61 et seq. of Title 21, Food
and Drugs.
07 USC 401. Establishment of bureau
TITLE 7 -- AGRICULTURE
There is established in the Department of Agriculture a bureau to be
known as the ''Bureau of Dairy Industry.''
(May 29, 1924, ch. 208, 1, 43 Stat. 243; May 11, 1926, ch. 286, 44
Stat. 499.)
''Bureau of Dairying'' established by act May 29, 1924, designated
''Bureau of Dairy Industry'' by act May 11, 1926.
Bureau of Dairy Industry consolidated with other agencies into
Agricultural Research Administration for duration of World War II by Ex.
Ord. No. 9069.
Functions of Bureau of Dairy Industry transferred to Secretary of
Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1, 1947, 12
F.R. 4534, 61 Stat. 952. See note set out under section 391 of this
title.
07 USC 402. Chief of bureau; appointment and duties
TITLE 7 -- AGRICULTURE
A Chief of the Bureau of Dairy Industry shall be appointed by the
Secretary of Agriculture, who shall be subject to the general direction
of the Secretary of Agriculture. He shall devote his time to the
investigation of the dairy industry, and the dissemination of
information for the promotion of the dairy industry.
(May 29, 1924, ch. 208, 2, 43 Stat. 243; May 11, 1926, ch. 286, 44
Stat. 499.)
Change of name of Bureau and temporary wartime consolidation into
Agricultural Research Administration, see notes set out under section
401 of this title.
Functions of Bureau of Dairy Industry transferred to Secretary of
Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1, 1947, 12
F.R. 4534, 61 Stat. 952. See note set out under section 391 of this
title.
Filled milk, regulation of, see section 61 et seq. of Title 21, Food
and Drugs.
07 USC 403. Transfer of activities of Department of Agriculture to
bureau; employment of clerks, etc.
TITLE 7 -- AGRICULTURE
For the purpose of enabling the Secretary of Agriculture and the
Chief of the Bureau of Dairy Industry to carry out the purposes of this
chapter, the Secretary of Agriculture is authorized to transfer to the
Bureau of Dairy Industry such activities of the Department of
Agriculture as he may designate which relate primarily to the dairy
industry, and to employ such additional persons in the city of
Washington and elsewhere, as may be necessary.
(May 29, 1924, ch. 208, 3, 43 Stat. 243; May 11, 1926, ch. 286, 44
Stat. 499.)
Change of name of Bureau and temporary wartime consolidation into
Agricultural Research Administration, see notes set out under section
401 of this title.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Functions of Bureau of Dairy Industry transferred to Secretary of
Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1, 1947, 12
F.R. 4534, 61 Stat. 952. See note set out under section 391 of this
title.
07 USC 404. Authorization of appropriations
TITLE 7 -- AGRICULTURE
For the purpose of carrying out the provisions of this chapter and
the activities of the Bureau of Dairy Industry, such sums of money as
Congress may deem necessary are authorized to be appropriated.
(May 29, 1924, ch. 208, 4, 43 Stat. 243; May 11, 1926, ch. 286, 44
Stat. 499.)
Change of name of Bureau and temporary wartime consolidation into
Agricultural Research Administration, see notes set out under section
401 of this title.
Functions of Bureau of Dairy Industry transferred to Secretary of
Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1, 1947, 12
F.R. 4534, 61 Stat. 952. See note set out under section 391 of this
title.
07 USC CHAPTER 17 -- MISCELLANEOUS MATTERS
TITLE 7 -- AGRICULTURE
Sec.
411. Omitted.
411a. Repealed.
411b. Estimates of apple production.
412-414. Transferred or Repealed.
414a. Transfer of nonadministrative funds of Commodity Credit
Corporation for classing and grading purposes.
415. Purchase of seeds and plants for distribution.
415a. Omitted.
415b. Wool standards; appropriation of certain funds.
415c. Use of funds for dissemination of information relating to
standardization, grading, etc., of wool; charge for grading wool.
415d. Rules and regulations for wool standards; deposit of receipts
in the Treasury.
415e. Farm or food products; sale of samples, practical forms, etc.
416. Letting contract for packeting, etc., of seeds, etc., for
distribution.
417. Distribution of farmers' bulletins.
418. Annual report on work of agricultural experiment stations and
of college extension work; publication and distribution.
419. Repealed.
420. Power to administer oaths, examine witnesses, or require
production of books, etc.
421. Dairying and livestock experiment station, Mandan, North
Dakota.
421a. Omitted.
422. Dairying and livestock experiment station, Lewisburg,
Tennessee.
422a. Omitted.
423. Cotton; investigation of new uses; cooperation with State and
other agencies.
424. Cotton ginning investigations; publication of results;
cooperation with Federal and State departments and agencies.
425. Authorization of appropriations for cotton ginning studies.
426. Predatory and other wild animals; eradication and control;
investigations, experiments, and tests by Secretary of Agriculture;
cooperation with other agencies.
426a. Omitted.
426b. Authorization of expenditures for the eradication and control
of predatory and other wild animals.
426c. Control of nuisance mammals and birds and those constituting
reservoirs of zoonotic diseases; exception.
427. Agriculture research; declaration of policy; duties of
Secretary of Agriculture; use of existing facilities.
427a to 427h. Repealed.
427i. Agricultural research; authorization of additional
appropriations; administrative expenses; availability of special
research fund.
427j, 428. Repealed or Omitted.
428a. Acquisition of land; options.
428b. Wheat and feed grains research; regional and national
research programs; utilization of services of Federal, State and
private agencies; authorization of appropriations.
428c. Rice research.
(a) Regional and national research programs; rules; purposes.
(b) Utilization of services of Federal, State, local governmental and
private agencies; priority consideration.
(c) Authorization of appropriations; use restriction.
429. Improvement of poultry, poultry products, and hatcheries.
430. Purchase and testing of serums or analogous products;
dissemination of test results.
431. Purchase of tags, labels, stamps, and certificates.
432. Purchase of cultures for soil and fertilizer investigations.
433. Domestic raising of fur-bearing animals; classification.
434. Transfer of functions, appropriations, records and property to
Secretary of Agriculture.
435. Omitted.
436. Transfer of Army Remount Service to Department of Agriculture;
effective date.
437. Administration of transferred property; improvement in horse
breeding; acquisition of breeding stock and facilities; fees;
cooperation with other organizations.
438. Repealed.
439. Operation of Government-owned alcohol plants; location;
transfer of plants.
439a. Powers and duties of Secretary of Agriculture.
439b. Recommendations to Congress for discontinuance of plants.
439c. Construction of additional facilities; acquisition of
property; incurment of expenses; rules and regulations.
439d. Assumption of obligations of Reconstruction Finance
Corporation covering Muscatine, Iowa, plant.
439e. Authorization of appropriations; availability of other
appropriations.
440. Reimbursement of appropriations available for classing or
grading agriculture commodities without charge.
441. Repealed.
442. Availability of grain to prevent waterfowl depredations;
payment of packaging, transporting, handling, and other charges.
443. Requisition of grain to prevent crop depredation by migratory
waterfowl.
444. Reimbursement of packaging and transporting expenses.
445. Authorization of appropriations for mitigating losses caused by
waterfowl depredation.
446. Repealed.
447. Requisition of surplus grain; prevention of starvation of
resident game birds and other resident wildlife; utilization by State
agencies; reimbursement for packaging and transporting.
448. Requisition and use of grain for prevention of starvation of
migratory birds; reimbursement for packaging and transporting.
449. Authorization of appropriations for reimbursement of Commodity
Credit Corporation.
450. Cooperation with State agencies in administration and
enforcement of laws relating to marketing of agricultural products and
control or eradication of plant and animal diseases and pests;
coordination of administration of Federal and State laws.
450a. Cooperative research projects; agreements with and receipt of
funds from State and other agencies.
450b. Cooperation with State and other agencies; expenditures.
450c. Delegation of regulatory functions of Secretary of
Agriculture; definitions.
450d. Delegation of regulatory functions to designated employees;
status of employees; number; revocation of delegation.
450e. Authority of designated employees; retroactive revocation of
delegation.
450f. Delegation of functions under other laws as unaffected.
450g. Authorization of appropriations for cooperative research
projects.
450h. Transferred.
450i. Competitive, special, and facilities research grants.
(a) Establishment of grant program.
(b) Competitive grants.
(c) Special grants.
(d) Facilities grants.
(e) Inter-Regional Research Project Number 4.
(f) Record keeping.
(g) Limits on overhead costs.
(h) Authorization of appropriations.
(i) Rules.
(j) Application of other laws.
(k) Emphasis on sustainable agriculture.
(l) Reports.
(m) Consultation with Technology Board.
450j. Indemnity payments to dairy farmers and manufacturers of dairy
products; milk removed for its residue of chemical or toxic substances;
nuclear radiation or fallout contaminants; other legal recourse.
450k. Authorization of appropriations for dairy farmer indemnities.
450l. Expiration of dairy farmer indemnity program.
07 USC 411. Omitted
TITLE 7 -- AGRICULTURE
Section, act May 11, 1922, ch. 185, 42 Stat. 532, which provided
that powers conferred prior to May 11, 1922, and the duties imposed by
law on the Bureau of Markets, Bureau of Markets and Crop Estimates, and
the Office of Farm Management and Farms Economics of the Department of
Agriculture shall be exercised and performed by the Bureau of
Agricultural Economics, was omitted from the Code as executed and
obsolete.
All functions of all officers, agencies and employees of the
Department of Agriculture were transferred, with certain exceptions, to
the Secretary of Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June
4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section
2201 of this title.
Functions of the Bureau of Agricultural Economics were transferred to
other units of the Department of Agriculture by Secretary's memorandum
of November 2, 1953.
Agricultural Statistics Division of the Agricultural Marketing
Service and its functions, personnel, property, etc., transferred to
Bureau of Agricultural Economics for duration of World War II, see Ex.
Ord. No. 9069.
The functions, personnel and property of the Division of Farm
Management and Costs of the Bureau of Agricultural Economics concerned
primarily with the planning of current agricultural production were
consolidated with other agencies into the Food Production
Administration, which was consolidated into the War Food Administration,
which was terminated and its functions transferred to the Secretary of
Agriculture by Ex. Ord. No. 9577.
07 USC 411a. Repealed. Pub. L. 101-624, title XXV, 2514(d), Nov. 28,
1990, 104 Stat. 4075
TITLE 7 -- AGRICULTURE
Section, acts Mar. 4, 1909, ch. 301, 35 Stat. 1053; Mar. 4, 1917,
ch. 179, 39 Stat. 1157, related to contents, issuance, and approval by
Secretary of Agriculture of monthly crop report.
07 USC 411b. Estimates of apple production
TITLE 7 -- AGRICULTURE
On and after October 18, 1986, no funds available to the Department
of Agriculture shall be available to publish estimates of apple
production for other than the commercial crop.
(Oct. 18, 1986, Pub. L. 99-500, 101(a) (title I), 100 Stat. 1783,
1783-3, and Oct. 30, 1986, Pub. L. 99-591, 101(a) (title I), 100 Stat.
3341, 3341-3.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Similar provisions were contained in the following prior
appropriation acts:
Dec. 19, 1985, Pub. L. 99-190, 101(a) (H.R. 3037, title I), 99
Stat. 1185.
Oct. 12, 1984, Pub. L. 98-473, title I, 101(a) (H.R. 5743, title
I), 98 Stat. 1837.
Nov. 14, 1983, Pub. L. 98-151, 101(d) (H.R. 3223, title I), 97
Stat. 972.
Dec. 18, 1982, Pub. L. 97-370, title I, 96 Stat. 1794.
Dec. 23, 1981, Pub. L. 97-103, title I, 95 Stat. 1473.
Dec. 15, 1980, Pub. L. 96-528, title I, 95 Stat. 3101.
Nov. 9, 1979, Pub. L. 96-108, title I, 93 Stat. 827.
Oct. 11, 1978, Pub. L. 95-448, title I, 92 Stat. 1079.
Aug. 12, 1977, Pub. L. 95-97, title I, 91 Stat. 815.
July 12, 1976, Pub. L. 94-351, title I, 90 Stat. 855.
Oct. 21, 1975, Pub. L. 94-122, title I, 89 Stat. 648.
Dec. 31, 1974, Pub. L. 93-563, title I, 88 Stat. 1826.
Oct. 24, 1973, Pub. L. 93-135, title I, 87 Stat. 474.
Aug. 22, 1972, Pub. L. 92-399, title I, 86 Stat. 596.
Aug. 10, 1971, Pub. L. 92-73, title I, 85 Stat. 187.
Dec. 22, 1970, Pub. L. 91-566, title I, 84 Stat. 1487.
Nov. 26, 1969, Pub. L. 91-127, title I, 83 Stat. 250.
Aug. 8, 1968, Pub. L. 90-463, title I, 82 Stat. 644.
Oct. 24, 1967, Pub. L. 90-113, title I, 81 Stat. 325.
Sept. 7, 1966, Pub. L. 89-556, title I, 80 Stat 694.
Nov. 2, 1965, Pub. L. 89-316, title I, 79 Stat. 1170.
Sept. 2, 1964, Pub. L. 88-573, title I, 78 Stat. 867.
Dec. 30, 1963, Pub. L. 88-250, title I, 77 Stat. 825.
Oct. 24, 1962, Pub. L. 87-879, title I, 76 Stat. 1208.
July 26, 1961, Pub. L. 87-112, title I, 75 Stat. 231.
June 29, 1960, Pub. L. 86-532, title I, 74 Stat. 237.
July 8, 1959, Pub. L. 86-80, title I, 73 Stat. 172.
June 13, 1958, Pub. L. 85-459, title I, 72 Stat. 193.
Aug. 2, 1957, Pub. L. 85-118, title I, 71 Stat. 331.
June 4, 1956, ch. 355, title I, 70 Stat. 234.
May 23, 1955, ch. 43, title I, 69 Stat. 57.
June 29, 1954, ch. 409, title I, 68 Stat. 313.
July 28, 1953, ch. 251, title I, 67 Stat. 206.
July 5, 1952, ch. 574, title I, 66 Stat. 336.
Aug. 31, 1951, ch. 374, title I, 65 Stat. 226.
Sept. 6, 1950, ch. 896, ch. VI, title I, 64 Stat. 658.
June 29, 1949, ch. 280, title I, 63 Stat. 328.
June 19, 1948, ch. 543, title I, 62 Stat. 512.
July 30, 1947, ch. 356, title I, 61 Stat. 527.
June 22, 1946, ch. 445, 60 Stat. 274.
May 5, 1945, ch. 109, 59 Stat. 140.
June 28, 1944, ch. 296, 58 Stat. 430.
July 12, 1943, ch. 215, 57 Stat. 398.
July 22, 1942, ch. 516, 56 Stat. 687.
July 1, 1941, ch. 267, 55 Stat. 430.
June 25, 1940, ch. 421, 54 Stat. 555.
June 30, 1939, ch. 253, title I, 53 Stat. 968.
07 USC 412, 413. Transferred
TITLE 7 -- AGRICULTURE
Section 412, act May 27, 1912, ch. 135, 1, 37 Stat. 118, which
related to acreage cotton crop report, was transferred to section 476 of
this title.
Section 413, act May 3, 1924, ch. 149, 1, 43 Stat. 115, which
related to cotton crop reports, was transferred to section 475 of this
title.
07 USC 414. Repealed. Aug. 9, 1955, ch. 632, 2, 69 Stat. 553
TITLE 7 -- AGRICULTURE
Section, act July 28, 1953, ch. 251, title I, 67 Stat. 217, related
to investigation and certification of any agricultural commodity or food
product offered for interstate shipment. See section 1622(h) of this
title.
Similar provisions were contained in the following prior
appropriation acts:
July 5, 1952, ch. 574, title I, 66 Stat. 348.
Aug. 31, 1951, ch. 374, title I, 65 Stat. 238.
Sept. 6, 1950, ch. 896, Ch. VI, 64 Stat. 672.
June 29, 1949, ch. 280, title I, 63 Stat. 343.
June 19, 1948, ch. 543, title I, 62 Stat. 527.
July 30, 1947, ch. 356, title I, 61 Stat. 543.
June 22, 1946, ch. 445, 60 Stat. 290.
May 5, 1945, ch. 109, 59 Stat. 158.
June 28, 1944, ch. 296, 58 Stat. 453.
July 12, 1943, ch. 215, 57 Stat. 421.
July 22, 1942, ch. 516, 56 Stat. 687.
July 1, 1941, ch. 267, 55 Stat. 431.
June 25, 1940, ch. 421, 54 Stat. 555.
June 30, 1939, ch. 253, title I, 53 Stat. 968.
June 16, 1938, ch. 464, title I, 52 Stat. 740.
June 29, 1937, ch. 404, title I, 50 Stat. 425.
June 4, 1936, ch. 489, title I, 49 Stat. 1450.
May 17, 1935, ch. 131, title I, 49 Stat. 275.
Mar. 26, 1934, ch. 89, 48 Stat. 493.
Mar. 3, 1933, ch. 203, 47 Stat. 1459.
July 7, 1932, ch. 443, 47 Stat. 637.
Feb. 23, 1931, ch. 278, 46 Stat. 1268.
May 27, 1930, ch. 341, 46 Stat. 418.
Feb. 16, 1929, ch. 227, 45 Stat. 1212.
May 16, 1928, ch. 572, 45 Stat. 561.
Jan. 18, 1927, ch. 39, 44 Stat. 998.
May 11, 1926, ch. 286, 44 Stat. 523.
Feb. 10, 1925, ch. 200, 43 Stat. 844.
07 USC 414a. Transfer of nonadministrative funds of Commodity Credit
Corporation for classing and grading purposes
TITLE 7 -- AGRICULTURE
On and after August 31, 1951, there may be transferred to
appropriations available for classing or grading any agricultural
commodity without charge to the producers thereof such sums from
nonadministrative funds of the Commodity Credit Corporation as may be
necessary in addition to other funds available for these purposes, such
transfers to be reimbursed from subsequent appropriations therefor.
(Aug. 31, 1951, ch. 374, title I, 65 Stat. 239.)
07 USC 415. Purchase of seeds and plants for distribution
TITLE 7 -- AGRICULTURE
Purchase and distribution of vegetable, field, and flower seeds,
plants, shrubs, vines, bulbs, and cuttings shall be of the freshest and
best obtainable varieties and adapted to general cultivation.
(R.S. 527; Apr. 25, 1896, ch. 140, 29 Stat. 106.)
1896 -- Act Apr. 25, 1896, struck out ''by the Department of
Agriculture'' and ''trees'', and inserted ''vegetable, field, and flower
seeds'' and ''bulbs''.
Collection, testing, propagation, and distribution of seeds by
Secretary of Agriculture, see section 2204 of this title.
Letting contract for seeds and plants, see section 416 of this title.
07 USC 415a. Omitted
TITLE 7 -- AGRICULTURE
Section was from act June 16, 1938, ch. 464, title I, 52 Stat. 739,
the Department of Agriculture Appropriation Act, 1939, and related to
sale of practical forms of grades of wool and mohair. See section 415e
of this title.
Similar provisions were contained in the following prior
appropriation acts:
June 29, 1937, ch. 404, title I, 50 Stat. 424.
June 4, 1936, ch. 489, title I, 49 Stat. 1450.
May 17, 1935, ch. 131, title I, 49 Stat. 275.
Mar. 26, 1934, ch. 89, 48 Stat. 493.
Mar. 3, 1933, ch. 203, 47 Stat. 1458.
July 7, 1932, ch. 443, 47 Stat. 636.
Feb. 23, 1931, ch. 278, 46 Stat. 1268.
May 27, 1930, ch. 341, 46 Stat. 418.
Feb. 16, 1929, ch. 227, 45 Stat. 1212.
May 16, 1928, ch. 572, 45 Stat. 561.
Jan. 18, 1927, ch. 39, 44 Stat. 997.
07 USC 415b. Wool standards; appropriation of certain funds
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated for expenditure by the
Secretary of Agriculture, for the purposes stated in section 415c of
this title, all funds prior to or after May 17, 1928, collected by suit,
or otherwise, pursuant to appropriations for the completion of the work
of the domestic wool section of the War Industries Board, and for
enforcing Government regulations for handling the wool clip of 1918 as
established by the wool division of said board, pursuant to the
Executive order dated December 31, 1918, transferring such work to the
Bureau of Markets, now a part of the Bureau of Agricultural Economics of
the Department of Agriculture, and for continuing as far as practicable
the distribution among the growers of the wool clip of 1918 of all sums
prior to or after May 17, 1928, collected or recovered with or without
suit by the Government from all persons, firms, or corporations which
handled any part of the wool clip of 1918, which he finds it
impracticable to distribute among said growers, provided that not to
exceed $50,000 may be expended in any fiscal year.
(May 17, 1928, ch. 602, 1, 45 Stat. 593.)
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Functions of Bureau of Agricultural Economics transferred to other
units of Department of Agriculture by Secretary's memorandum of Nov. 2,
1953.
07 USC 415c. Use of funds for dissemination of information relating to
standardization, grading, etc., of wool; charge for grading wool
TITLE 7 -- AGRICULTURE
The funds referred to in section 415b of this title may be used for
the purpose of acquiring and diffusing among the people of the United
States useful information relative to the standardization, grading,
preparation for market, marketing, utilization, transportation,
handling, and distribution of wool, and of approved methods and
practices relative thereto, including the demonstration and promotion of
the use of grades for wool in accordance with standards therefor which
the Secretary of Agriculture is authorized to establish. Said funds may
be used for the grading of wool, and for such grading or other service
rendered under sections 415b to 415d of this title reasonable fees may
be charged, and provided further that after May 17, 1928, reasonable
charges may be made for practical forms of grades for wool.
(May 17, 1928, ch. 602, 2, 45 Stat. 593.)
07 USC 415d. Rules and regulations for wool standards; deposit of
receipts in the Treasury
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may make such rules and regulations as
he deems advisable for carrying out any of the provisions of sections
415b and 415c of this title. All receipts under sections 415b to 415d
of this title shall be deposited in the Treasury to the credit of
miscellaneous receipts.
(May 17, 1928, ch. 602, 3, 45 Stat. 594.)
07 USC 415e. Farm or food products; sale of samples, practical forms,
etc.
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to sell samples,
illustrations, practical forms, or sets of the grades recommended or
promulgated by him for farm or food products, under such rules and
regulations as he may prescribe, and the receipts therefrom shall be
deposited in the Treasury to the credit of miscellaneous receipts.
(Sept. 21, 1944, ch. 412, title IV, 401(a), 58 Stat. 738.)
Provisions similar to this section were contained in the following
Department of Agriculture appropriation acts:
June 28, 1944, ch. 296, 58 Stat. 454.
July 12, 1943, ch. 215, 57 Stat. 421.
July 22, 1942, ch. 516, 56 Stat. 688.
July 1, 1941, ch. 267, 55 Stat. 431.
June 25, 1940, ch. 421, 54 Stat. 555.
June 30, 1939, ch. 253, title I, 53 Stat. 968.
07 USC 416. Letting contract for packeting, etc., of seeds, etc., for
distribution
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture, after due advertisement and on
competitive bids, is authorized to award the contract for the supplying
of printed packets and envelopes and the packeting, assembling, and
mailing of the seeds, bulbs, shrubs, vines, cuttings, and plants, or any
part thereof, for a period of not more than five years nor less than one
year, if by such action he can best protect the interests of the United
States.
(May 11, 1922, ch. 185, 42 Stat. 517.)
Section is from the Agriculture Department Appropriation Act, 1923.
Purchase of seeds and plants for distribution, see section 415 of
this title.
07 USC 417. Distribution of farmers' bulletins
TITLE 7 -- AGRICULTURE
In the distribution of farmers' bulletins, which shall be adapted to
the interests of the people of the different sections of the country, an
equal proportion of four-fifths shall be delivered to or sent out under
the addressed franks furnished by Senators, Representatives, and
Delegates in Congress, as such Senators, Representatives, or Delegates
shall direct: Provided, That the Secretary of Agriculture shall notify
Senators, Representatives, and Delegates in Congress of the title and
character of each such bulletin, with the total number to which each
Senator, Representative, and Delegate may be entitled for such
distribution; and on the face of the envelope inclosing said bulletins
shall be printed the title of each bulletin contained therein.
(June 30, 1906, ch. 3913, 34 Stat. 690.)
Section is derived from an Appropriation Act for the Department of
Agriculture, 1907. The last proviso of section relating to farmers'
bulletins not called for in quotas of Senators and Representatives was
omitted from the Code as obsolete in view of Attorney General's opinion,
27 Op. Atty. Gen. 288.
07 USC 418. Annual report on work of agricultural experiment stations
and of college extension work; publication and distribution
TITLE 7 -- AGRICULTURE
There shall be prepared by the Department of Agriculture an annual
report on the work and expenditures of the agricultural experiment
stations established under the Act of Congress of March second, eighteen
hundred and eighty-seven (7 U.S.C. 361a et seq.), on the work and
expenditures of the Department of Agriculture in connection therewith,
and on the cooperative agricultural extension work and expenditures of
the Department of Agriculture and of agricultural colleges under the Act
of May eighth, nineteen hundred and fourteen (7 U.S.C. 341 et seq.), and
there shall be printed annually eight thousand copies of said report, of
which one thousand copies shall be for the use of the Senate, two
thousand copies for the use of the House of Representatives, and five
thousand copies for the use of the Department of Agriculture.
(Mar. 4, 1915, ch. 144, 38 Stat. 1110.)
The Act of Congress of March second, eighteen hundred and
eighty-seven, referred to in text, is act Mar. 2, 1887, ch. 314, 24
Stat. 440, as amended, known as the Hatch Act, which is classified
generally to sections 361a to 361i of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 361a of this title and Tables.
The Act of May eighth, nineteen hundred and fourteen, referred to in
text, is act May 8, 1914, ch. 79, 38 Stat. 372, as amended, known as
the ''Smith-Lever Act'', and also known as the ''Agricultural Work
Extension Act'', which is classified generally to subchapter IV ( 341 et
seq.) of chapter 13 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 341 of this
title and Tables.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Secretary of Agriculture as required to prescribe form of financial
statement for agricultural experiment stations, see section 361e of this
title.
07 USC 419. Repealed. Oct. 31, 1951, ch. 654, 1(12), 65 Stat. 701
TITLE 7 -- AGRICULTURE
Section, act May 5, 1945, ch. 109, 59 Stat. 143, related to sale by
Secretary of Agriculture of products of agricultural experiment station
in Puerto Rico, and disposition of moneys derived therefrom. See
section 484 of Title 40, Public Buildings, Property, and Works. Similar
provisions had been carried in prior Department of Agriculture
appropriation acts back to and including that for the fiscal year ending
June 30, 1919 (40 Stat. 1000).
Similar provisions were contained in the following prior
appropriation acts:
June 28, 1944, ch. 296, 58 Stat. 432.
July 12, 1943, ch. 215, 57 Stat. 400.
July 22, 1942, ch. 516, 56 Stat. 670.
July 1, 1941, ch. 267, 55 Stat. 413.
June 25, 1940, ch. 421, 54 Stat. 536.
June 30, 1939, ch. 253, title I, 53 Stat. 944.
June 16, 1938, ch. 464, title I, 52 Stat. 715.
June 29, 1937, ch. 404, 50 Stat. 399.
June 4, 1936, ch. 489, 49 Stat. 1425.
May 17, 1935, ch. 131, title I, 49 Stat. 251.
Mar. 26, 1934, ch. 89, 48 Stat. 471.
Mar. 3, 1933, ch. 203, 47 Stat. 1436.
July 7, 1932, ch. 443, 47 Stat. 614.
May 17, 1932, ch. 190, 47 Stat. 158.
Feb. 23, 1931, ch. 278, 46 Stat. 1246.
May 27, 1930, ch. 341, 46 Stat. 396.
Feb. 16, 1929, ch. 227, 45 Stat. 1192.
May 16, 1928, ch. 572, 45 Stat. 542.
Jan. 18, 1927, ch. 39, 44 Stat. 979.
May 11, 1926, ch. 286, 44 Stat. 502.
Feb. 10, 1925, ch. 200, 43 Stat. 824.
07 USC 420. Power to administer oaths, examine witnesses, or require
production of books, etc.
TITLE 7 -- AGRICULTURE
In the performance of the duties required of the Bureau of
Agricultural Economics in the administration or enforcement of
provisions of Acts (United States Cotton Futures Act, Thirty-ninth
Statutes at Large, page 476; United States Grain Standards Act,
Thirty-ninth Statutes at Large, page 482 (7 U.S.C. 71 et seq.), United
States Warehouse Act, Thirty-ninth Statutes at Large, page 486 (7 U.S.C.
241 et seq.); Standard Container Act, Thirty-ninth Statutes at Large,
page 673; and the Acts making annual appropriations for the Department
of Agriculture) relating to the Department of Agriculture, the Secretary
of Agriculture, or any representative specifically authorized in writing
by him for the purpose, shall have power to administer oaths, examine
witnesses, and call for the production of books and papers.
(July 24, 1919, ch. 26, 41 Stat. 267; May 11, 1922, ch. 185, 42
Stat. 532.)
The United States Cotton Futures Act, referred to in text, is part A
of act Aug. 11, 1916, ch. 313, 39 Stat. 476, as amended, which was
repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. For
complete classification of this Act to the Code prior to its repeal, see
Tables.
The United States Grain Standards Act, referred to in text, is part B
of act Aug. 11, 1916, ch. 313, 39 Stat. 482, as amended, which is
classified generally to chapter 3 ( 71 et seq.) of this title. For
complete classification of this Act to the Code, see section 71 of this
title and Tables.
The United States Warehouse Act, referred to in text, is part C of
act Aug. 11, 1916, ch. 313, 39 Stat. 486, as amended, which is
classified generally to chapter 10 ( 241 et seq.) of this title. For
complete classification of this Act to the Code, see section 241 of this
title and Tables.
The Standard Container Act, referred to in text, is act Aug. 31,
1916, ch. 426, 39 Stat. 673, as amended, which was classified
generally to subchapter VII ( 251 et seq.) of chapter 6 of Title 15,
Commerce and Trade, and was repealed by Pub. L. 90-628, 1(a), Oct.
22, 1968, 82 Stat. 1320. For complete classification of this Act to the
Code prior to its repeal, see Tables.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Functions of Bureau of Agricultural Economics transferred to other
units of Department of Agriculture by Secretary's memorandum of Nov. 2,
1953.
Act May 11, 1922, transferred powers of former ''Bureau of Markets,
Bureau of Markets and Crop Estimates, and the Office of Farm Management
and Farm Economics'' to ''Bureau of Agricultural Economics''.
Oaths, affirmations, and affidavits by officers, agents, or employees
of Department of Agriculture generally, see section 2217 of this title.
07 USC 421. Dairying and livestock experiment station, Mandan, North
Dakota
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to establish
at Mandan, North Dakota, a dairying and livestock experiment station, in
connection with the Great Plains Experiment Station, for investigations
and experiments in the dairy and livestock industries and the problems
pertaining to the establishment and development of such industries, and
for demonstrations, assistance, and service in livestock breeding,
growing, and feeding.
(July 3, 1926, ch. 769, 1, 44 Stat. 840.)
07 USC 421a. Omitted
TITLE 7 -- AGRICULTURE
Section, act July 3, 1926, ch. 769, 2, 44 Stat. 840, appropriated
$25,000 to effectuate the purposes of section 421 of this title.
07 USC 422. Dairying and livestock experiment station, Lewisburg,
Tennessee
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to establish
at or near Lewisburg, Tennessee, a dairying station for investigations,
experiments, and demonstrations in the dairy industry, and the problems
pertaining to the development of such industry in the South, and for
investigations, demonstrations, assistance, and service in dairy
livestock breeding, growing, and feeding, and dairy products
manufacture.
(May 29, 1928, ch. 892, 1, 45 Stat. 981.)
07 USC 422a. Omitted
TITLE 7 -- AGRICULTURE
Section, act May 29, 1928, ch. 892, 2, 45 Stat. 981, appropriated
$50,000 for the purposes of section 422 of this title.
07 USC 423. Cotton; investigation of new uses; cooperation with
State and other agencies
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture and the Secretary of Commerce are
authorized to engage in technical and scientific research in
American-grown cotton and its byproducts and their present and potential
uses, including new and additional commercial and scientific uses for
cotton and its byproducts, and to diffuse such information among the
people of the United States; and the Secretary of Agriculture and the
Secretary of Commerce or their duly authorized representatives 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 in carrying out the purposes of this
section in the District of Columbia and elsewhere.
(Apr. 12, 1928, ch. 362, 45 Stat. 426.)
07 USC 424. Cotton ginning investigations; publication of results;
cooperation with Federal and State departments and agencies
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to investigate the ginning
of cotton; to establish and maintain experimental ginning plants and
laboratories; and to make such tests, demonstrations, and experiments,
and such technical and scientific studies in relation to cotton ginning
as he shall deem necessary and to publish the results thereof, with a
view to developing improved ginning equipment and encouraging the use of
improved methods, and he 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.
(Apr. 19, 1930, ch. 203, 1, 46 Stat. 248.)
07 USC 425. Authorization of appropriations for cotton ginning studies
TITLE 7 -- AGRICULTURE
For the purposes of section 424 of this title there is authorized to
be appropriated, after June 30, 1931, out of any money in the Treasury
not otherwise appropriated, such sums as may be necessary.
(Apr. 19, 1930, ch. 203, 2, 46 Stat. 248.)
07 USC 426. Predatory and other wild animals; eradication and
control; investigations, experiments, and tests by Secretary of
Agriculture; cooperation with other agencies
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to conduct
such investigations, experiments, and tests as he may deem necessary in
order to determine, demonstrate, and promulgate the best methods of
eradication, suppression, or bringing under control on national forests
and other areas of the public domain as well as on State, Territory, or
privately owned lands of mountain lions, wolves, coyotes, bobcats,
prairie dogs, gophers, ground squirrels, jack rabbits, brown tree
snakes, and other animals injurious to agriculture, horticulture,
forestry, animal husbandry, wild game animals, fur-bearing animals, and
birds, and for the protection of stock and other domestic animals
through the suppression of rabies and tularemia in predatory or other
wild animals; and to conduct campaigns for the destruction or control
of such animals: Provided, That in carrying out the provisions of this
section the Secretary of Agriculture may cooperate with States,
individuals, and public and private agencies, organizations, and
institutions.
(Mar. 2, 1931, ch. 370, 1, 46 Stat. 1468; Dec. 13, 1991, Pub. L.
102-237, title X, 1013(d), 105 Stat. 1901.)
1991 -- Pub. L. 102-237 inserted ''brown tree snakes,'' after
''rabbits,''.
Functions of Secretary of Agriculture administered through Bureau of
Biological Survey, relating to conservation of wildlife, game, and
migratory birds, transferred to Secretary of the Interior by 1939 Reorg.
Plan No. II, 4(f), eff. July 1, 1939, set out in the Appendix to
Title 5, Government Organization and Employees. See also sections 401
to 404 of said plan for provisions relating to transfer of functions,
records, property, personnel, and funds.
Pub. L. 99-190, 101(a) (H.R. 3037, title I, 101), Dec. 19, 1985,
99 Stat. 1185; Pub. L. 100-202, 106, Dec. 22, 1987, 101 Stat.
1329-433, provided in part: ''That effective upon the date of enactment
of this Act (Dec. 19, 1985) and notwithstanding any other provision of
law, the authorities of the Secretary of Agriculture under the Act of
March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b), (transferred to the
Secretary of the Interior pursuant to section 4(f) of 1939
Reorganization Plan No. II) and all personnel, property, records,
unexpended balances of appropriations, allocations and other funds of
the Fish and Wildlife Service, United States Department of the Interior
used, held, available or to be made available in connection with the
administration of such Act, are hereby transferred from the Secretary of
the Interior to the Secretary of Agriculture, and this appropriation
shall be available to carry out such authorities.''
Section 1013(a)-(c) of Pub. L. 102-237 provided that:
''(a) In General. -- The Secretary of Agriculture shall, to the
extent practicable, take such action as may be necessary to prevent the
inadvertent introduction of brown tree snakes into other areas of the
United States from Guam.
''(b) Introduction Into Hawaii. -- The Secretary shall initiate a
program to prevent, to the extent practicable, the introduction of the
brown tree snake into Hawaii from Guam. In carrying out this section,
the Secretary shall consider the use of sniffer or tracking dogs, snake
traps, and other preventative processes or devices at aircraft and
vessel loading facilities on Guam, Hawaii, or intermediate sites serving
as transportation points that could result in the introduction of brown
tree snakes into Hawaii.
''(c) Authority. -- The Secretary shall use the authority provided
under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.) to carry out
subsections (a) and (b).''
Pub. L. 102-190, div. A, title III, 348, Dec. 5, 1991, 105 Stat.
1348, provided that: ''The Secretary of Defense shall take such action
as may be necessary to prevent the inadvertent introduction of brown
tree snakes from Guam to Hawaii in aircraft and vessels transporting
personnel or cargo for the Department of Defense. In carrying out this
section, the Secretary shall consider the use of sniffer or tracking
dogs, snake traps, and other preventive processes or devices at aircraft
and vessel loading facilities in Guam or Hawaii or at intermediate
transit points for personnel or cargo transported between Guam and
Hawaii.''
07 USC 426a. Omitted
TITLE 7 -- AGRICULTURE
Section, act Mar. 2, 1931, ch. 370, 2, 46 Stat. 1469, authorized
$1,000,000 per year for fiscal years 1932 to 1941, inclusive.
07 USC 426b. Authorization of expenditures for the eradication and
control of predatory and other wild animals
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to make such expenditures
for equipment, supplies, and materials, including the employment of
persons and means in the District of Columbia and elsewhere, and to
employ such means as may be necessary to execute the functions imposed
upon him by section 426 of this title.
(Mar. 2, 1931, ch. 370, 3, 46 Stat. 1469.)
See note under section 426 of this title.
07 USC 426c. Control of nuisance mammals and birds and those
constituting reservoirs of zoonotic diseases; exception
TITLE 7 -- AGRICULTURE
On and after December 22, 1987, the Secretary of Agriculture is
authorized, except for urban rodent control, to conduct activities and
to enter into agreements with States, local jurisdictions, individuals,
and public and private agencies, organizations, and institutions in the
control of nuisance mammals and birds and those mammal and bird species
that are reservoirs for zoonotic diseases, and to deposit any money
collected under any such agreement into the appropriation accounts that
incur the costs to be available immediately and to remain available
until expended for Animal Damage Control activities.
(Pub. L. 100-202, 101(k) (title I), Dec. 22, 1987, 101 Stat.
1329-322, 1329-331.)
07 USC 427. Agriculture research; declaration of policy; duties of
Secretary of Agriculture; use of existing facilities
TITLE 7 -- AGRICULTURE
It is declared to be the policy of the Congress to promote the
efficient production and utilization of products of the soil as
essential to the health and welfare of our people and to promote a sound
and prosperous agriculture and rural life as indispensable to the
maintenance of maximum employment and national prosperity. It is also
the intent of Congress to assure agriculture a position in research
equal to that of industry which will aid in maintaining an equitable
balance between agriculture and other sections of our economy. For the
attainment of these objectives, the Secretary of Agriculture is
authorized and directed to conduct and to stimulate research into the
laws and principles underlying the basic problems of agriculture in its
broadest aspects, including but not limited to: Research relating to
the improvement of the quality of, and the development of new and
improved methods of the production, marketing, distribution, processing,
and utilization of plant and animal commodities at all stages from the
original producer through to the ultimate consumer; research into the
problems of human nutrition and the nutritive value of agricultural
commodities, with particular reference to their content of vitamins,
minerals, amino and fatty acids, and all other constituents that may be
found necessary for the health of the consumer and to the gains or
losses in nutritive value that may take place at any stage in their
production, distribution, processing, and preparation for use by the
consumer; research relating to the development of present, new, and
extended uses and markets for agricultural commodities and byproducts as
food or in commerce, manufacture, or trade, both at home and abroad,
with particular reference to those foods and fibers for which our
capacity to produce exceeds or may exceed existing economic demand;
research to encourage the discovery, introduction, and breeding of new
and useful agricultural crops, plants, and animals, both foreign and
native, particularly for those crops and plants which may be adapted to
utilization in chemical and manufacturing industries; research relating
to new and more profitable uses for our resources of agricultural
manpower, soils, plants, animals, and equipment than those to which they
are now, or may hereafter be, devoted; research relating to the
conservation, development, and use of land, forest, and water resources
for agricultural purposes; research relating to the design,
development, and the more efficient and satisfactory use of farm
buildings, farm homes, farm machinery, including the application of
electricity and other forms of power; research and development relating
to uses of solar energy with respect to farm buildings, farm homes, and
farm machinery (including equipment used to dry and cure crops and
provide irrigation); applied research to develop agricultural,
forestry, and rural energy conservation and biomass energy production
and use; research relating to the diversification of farm enterprises,
both as to the type of commodities produced, and as to the type of
operations performed, on the individual farm; research relating to any
other laws and principles that may contribute to the establishment and
maintenance of a permanent and effective agricultural industry including
such investigations as have for their purpose the development and
improvement of the rural home and rural life, and the maximum
contribution by agriculture to the welfare of the consumer and the
maintenance of maximum employment and national prosperity; and such
other researches or experiments bearing on the agricultural industry or
on rural homes of the United States as may in each case be deemd /1/
advisable, having due regard to the varying conditions and needs of
Puerto Rico, the respective States, and Territories. In effectuating
the purposes of this section, maximum use shall be made of existing
research facilities owned or controlled by the Federal Government or by
State agricultural experiment stations and of the facilities of the
Federal and State extension services. Research authorized under this
section shall be in addition to research provided for under existing law
(but both activities shall be coordinated so far as practicable). For
purposes of sections 427 to 427j of this title, the term ''solar
energy'' means energy derived from sources (other than fossil fuels) and
technologies included in the Federal Non-Nuclear /2/ Energy Research and
Development Act of 1974, as amended (42 U.S.C. 5901 et seq.).
(June 29, 1935, ch. 338, title I, 1, 49 Stat. 436; Aug. 14, 1946,
ch. 966, title I, 101(1), 60 Stat. 1082; Sept. 29, 1977, Pub. L.
95-113, title XIV, 1446, 91 Stat. 1011; June 30, 1980, Pub. L.
96-294, title II, 253, 94 Stat. 707.)
Sections 427a to 427h and 427j of this title, referred to in text,
were repealed by act Aug. 11, 1955, ch. 790, 2, 69 Stat. 674. See
sections 361a to 361i of this title.
The Federal Nonnuclear Energy Research and Development Act of 1974,
as amended, referred to in text, is Pub. L. 93-577, Dec. 31, 1974, 88
Stat. 1878, as amended, which is classified generally to chapter 74 (
5901 et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 5901 of Title 42 and Tables.
Another section 1446 of Pub. L. 95-113 is classified to section
3222a of this title.
1980 -- Pub. L. 96-294 inserted provisions relating to applied
research to develop agricultural, forestry, and rural energy
conservation and biomass energy production and use.
1977 -- Pub. L. 95-113 inserted reference to research and
development relating to uses of solar energy with respect to farm
buildings, farm homes, and farm machinery (including equipment used to
dry and cure crops and provide irrigation) and inserted definition of
''solar energy''.
1946 -- Act Aug. 14, 1946, amended section generally to provide for
a greatly augmented research program in order to enable agriculture to
attain a position in research comparable to that of other industries.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Act June 29, 1935, as amended, which enacted sections 329, 343,
343d-1, and 427-427j of this title, is popularly known as the
''Agricultural Research Act'' and also as the ''Bankhead-Jones Act''.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Minimum of $1,500,000 of appropriations of Department of Agriculture
for research and service work authorized by this section and section
1621 et seq. of this title as available for contracting in accordance
therewith, see section 1623a of this title.
Ex. Ord. No. 9310, Mar. 6, 1943, 8 F.R. 2913, provided:
By virtue of the authority vested in me by Title I of the First War
Powers Act, 1941 (former sections 601 to 605 of Appendix to Title 50,
War and National Defense), as President of the United States, and in
order to enable the Secretary of Agriculture more effectively to carry
out his responsibilities with respect to the Nation's food program, it
is hereby ordered:
1. The functions, powers, and duties, with respect to nutrition, (a)
of the Office of Defense Health and Welfare Services in the Office for
Emergency Management of the Executive Office of the President (including
all functions, powers, and duties of the Nutrition Division of the
Office of Defense Health and Welfare Services), and (b) of the Director
of the Office of Defense Health and Welfare Services, are transferred to
the Department of Agriculture and shall be administered under the
supervision and direction of the Secretary of Agriculture through such
agency or agencies in the Department as the Secretary shall designate.
2. The personnel, property, and records used primarily in the
administration of the functions, powers, and duties transferred by this
Order are transferred to the Department of Agriculture. So much of the
unexpended balances of appropriations, allocations, and other funds
available for the use of the Office of Defense Health and Welfare
Services in discharging the functions, powers, and duties transferred by
this Order, as the Director of the Bureau of the Budget shall determine,
shall be transferred to the Department of Agriculture for use in
connection with the exercise of the functions, powers, and duties so
transferred. In determining the amounts to be transferred hereunder,
allowance shall be made for the liquidation of obligations previously
incurred against such appropriations, allocations, or other funds.
Franklin D. Roosevelt.
Appropriations for cooperative research with State agricultural
experiment stations and other appropriate agencies, see section 427i of
this title.
Development of new uses for cotton, see section 724 of this title.
Research to discover new uses and markets for commodities, see
section 1292 of this title.
Similar provisions authorizing agricultural research and
investigations, see sections 361b of this title.
8852.
/1/ So in original. Probably should be ''deemed''.
/2/ So in original. Probably should be ''Nonnuclear''.
07 USC 427a to 427h. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat.
674
TITLE 7 -- AGRICULTURE
Sections 427a to 427c, act June 29, 1935, ch. 338, title I, 2-4,
49 Stat. 437, authorized research by experiment stations,
appropriations, and allocation of appropriations. See sections 361a to
361c of this title.
Section 427d, acts June 29, 1935, ch. 338, title I, 5, 49 Stat.
437; Sept. 21, 1944, ch. 412, title I, 105, 58 Stat. 735, related to
allocation of appropriations. See section 361c of this title.
Sections 427e to 427g, act June 29, 1935, ch. 338, title I, 6-8,
49 Stat. 438, defined ''Territory'', authorized Secretary of
Agriculture to prescribe rules and regulations, and reserved the right
to Congress to amend, suspend, or repeal act June 29, 1935. See
sections 361a, 361g, and 361i, respectively, of this title.
Section 427h, act June 29, 1935, ch. 338, title I, 9, as added Aug.
14, 1946, ch. 966, title I, 101(2), 60 Stat. 1083, authorized
appropriations for agricultural experiment stations, provided for
availability of funds and unexpended balances, and prescribed allotments
for the experiment stations. See sections 361c, 361d, and 361g of this
title.
Any rights or liabilities existing under sections 427a to 427h as
unaffected by repeal, see section 2 of act Aug. 11, 1955, set out as a
note under former section 361 of this title.
07 USC 427i. Agricultural research; authorization of additional
appropriations; administrative expenses; availability of special
research fund
TITLE 7 -- AGRICULTURE
(a) In order to carry out further research on utilization and
associated problems in connection with the development and application
of present, new, and extended uses of agricultural commodities and
products thereof authorized by section 427 of this title, and to
disseminate information relative thereto, and in addition to all other
appropriations authorized by sections 427 to 427j of this title, there
is authorized to be appropriated the following sums:
(1) $3,000,000 for the fiscal year ending June 30, 1947, and each
subsequent fiscal year.
(2) An additional $3,000,000 for the fiscal year ending June 30,
1948, and each subsequent fiscal year.
(3) An additional $3,000,000 for the fiscal year ending June 30,
1949, and each subsequent fiscal year.
(4) An additional $3,000,000 for the fiscal year ending June 30,
1950, and each subsequent fiscal year.
(5) An additional $3,000,000 for the fiscal year ending June 30,
1951, and each subsequent fiscal year.
(6) In addition to the foregoing, such additional funds beginning
with the fiscal year ending June 30, 1952, and thereafter, as the
Congress may deem necessary.
The Secretary of Agriculture, in accordance with such regulations as
he deems necessary, and when in his judgment the work to be performed
will be carried out more effectively, more rapidly, or at less cost than
if performed by the Department of Agriculture, may enter into contracts
with such public or private organizations or individuals as he may find
qualified to carry on work under this section without regard to the
provisions of section 5 of title 41, and with respect to such contracts
he may make advance progress or other payments without regard to the
provisions of section 3324(a) and (b) of title 31. Contracts under this
section may be made for work to continue not more than four years from
the date of any such contract. Notwithstanding the provisions of
section 5 of the Act of June 20, 1874, as amended (31 U.S.C. 713), any
unexpended balances of appropriations properly obligated by contracting
with an organization as provided in this subsection may remain upon the
books of the Treasury for not more than five fiscal years before being
carried to the surplus fund and covered into the Treasury. Research
authorized under this subsection shall be conducted so far as
practicable at laboratories of the Department of Agriculture. Projects
conducted under contract with public and private agencies shall be
supplemental to and coordinated with research of these laboratories.
Any contracts made pursuant to this authority shall contain requirements
making the results of research and investigations available to the
public through dedication, assignment to the Government, or such other
means as the Secretary shall determine.
(b) In order to carry out further the purposes of section 427 of this
title, other than research on utilization of agricultural commodities
and the products thereof, and in addition to all other appropriations
authorized by sections 427 to 427j of this title, there is authorized to
be appropriated for cooperative research with the State agricultural
experiment stations and such other appropriate agencies as may be
mutually agreeable to the Department of Agriculture and the experiment
stations concerned, the following sums:
(1) $1,500,000 for the fiscal year ending June 30, 1947, and each
subsequent fiscal year.
(2) An additional $1,500,000 for the fiscal year ending June 30,
1948, and each subsequent fiscal year.
(3) An additional $1,500,000 for the fiscal year ending June 30,
1949, and each subsequent fiscal year.
(4) An additional $1,500,000 for the fiscal year ending June 30,
1950, and each subsequent fiscal year.
(5) In addition to the foregoing such additional funds beginning with
the fiscal year ending June 30, 1951, and thereafter, as the Congress
may deem necessary.
(c) The Secretary may incur necessary administrative expenses not to
exceed 3 per centum of the amount appropriated in any fiscal year in
carrying out this section, including the specific objects of expense
enumerated in section 427b of this title.
(d) The ''Special research fund, Department of Agriculture,''
provided by section 427c of this title, shall continue to be available
solely for research into laws and principles underlying basic problems
of agriculture in its broadest aspects; research relating to the
improvement of the quality of, and the development of, new and improved
methods of production of, distribution of, and new and extended uses and
markets for, agricultural commodities and byproducts and manufactures
thereof; and research relating to the conservation, development, and
use of land and water resources for agricultural purposes. Such
research shall be in addition to research provided for under other law
(but both activities shall be coordinated so far as practicable) and
shall be conducted by such agencies of the Department of Agriculture as
the Secretary of Agriculture may designate or establish.
(e) Appropriations for research work in the Department of Agriculture
shall be available for accomplishing such purposes by contract through
the means provided in subsection (a) of this section.
(June 29, 1935, ch. 338, title I, 10, as added Aug. 14, 1946, ch.
966, title I, 101(2), 60 Stat. 1083; amended July 28, 1954, ch. 591,
68 Stat. 574.)
Section 5 of the Act of June 20, 1874, as amended (31 U.S.C. 713),
referred to in subsec. (a), was repealed by act July 6, 1949, ch. 299,
3, 63 Stat. 407.
Sections 427a to 427h and 427j of this title, referred to in text,
were repealed by act Aug. 11, 1955, ch. 790, 2, 69 Stat. 674. See
sections 361a to 361i of this title.
In subsec. (a), closing par., ''section 3324(a) and (b) of title
31'' substituted for ''section 3648, Revised Statutes (31 U.S.C. 529)''
on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and Finance.
1954 -- Subsec. (e). Act July 23, 1954, added subsec. (e).
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
section 210.
07 USC 427j. Repealed. Aug. 11, 1955, ch. 790, 2, 69 Stat. 674
TITLE 7 -- AGRICULTURE
Section, act June 29, 1935, ch. 338, title I, 11, as added Aug.
14, 1946, ch. 966, title I, 101(2), 60 Stat. 1086; amended July 31,
1947, ch. 412, 61 Stat. 694; Aug. 30, 1954, ch. 1076, 1(7), 68
Stat. 966, authorized use of funds appropriated for agricultural
research program for market research projects and required an annual
report to Congress. See sections 361a to 361h of this title.
Any rights or liabilities existing under this section as unaffected
by repeal, see section 2 of act Aug. 11, 1955, set out as a note under
section 361 of this title.
07 USC 428. Omitted
TITLE 7 -- AGRICULTURE
Section, act June 4, 1956, ch. 355, title V, 503, 70 Stat. 240,
related to options to purchase lands and was superseded by section 428a
of this title.
Similar provisions were contained in the following prior
appropriation acts:
May 23, 1955, ch. 43, title V, 503, 69 Stat. 63.
June 29, 1954, ch. 409, title V, 503, 68 Stat. 318.
July 28, 1953, ch. 251, title IV, 403, 67 Stat. 224.
July 5, 1952, ch. 574, title IV, 403, 66 Stat. 355.
Aug. 31, 1951, ch. 374, title IV, 403, 65 Stat. 246.
Sept. 6, 1950, ch. 896, Ch. VI, title IV, 407, 64 Stat. 657.
June 29, 1949, ch. 280, title I, 63 Stat. 325.
June 19, 1948, ch. 543, title I, 62 Stat. 508.
July 30, 1947, ch. 356, title I, 61 Stat. 523.
June 22, 1946, ch. 445, 60 Stat. 271.
May 5, 1945, ch. 109, 59 Stat. 136.
June 28, 1944, ch. 296, 58 Stat. 426.
July 12, 1943, ch. 215, 57 Stat. 393.
July 22, 1942, ch. 516, 56 Stat. 665.
July 1, 1941, ch. 267, 55 Stat. 408.
June 25, 1940, ch. 421, 54 Stat. 532.
07 USC 428a. Acquisition of land; options
TITLE 7 -- AGRICULTURE
(a) The Department of Agriculture is authorized to acquire land, or
interest therein, by purchase, exchange or otherwise, as may be
necessary to carry out its authorized work: Provided, That no
acquisition shall be made under this authority unless provision is made
therefor in the applicable appropriation or other law.
(b) Appropriations for the Department of Agriculture which are
available for the purchase of land may be expended for options to
purchase land: Provided, That not to exceed $1 may be expended for each
option to purchase any particular tract or tracts of land unless
otherwise provided in appropriation or other law.
(Aug. 3, 1956, ch. 950, 11, 70 Stat. 1034.)
Adjustment of title to lands under jurisdiction of Secretary of
Agriculture, see section 2253 of this title.
07 USC 428b. Wheat and feed grains research; regional and national
research programs; utilization of services of Federal, State and
private agencies; authorization of appropriations
TITLE 7 -- AGRICULTURE
In order to reduce fertilizer and herbicide usage in excess of
production needs, to develop wheat and feed grain varieties more
susceptible to complete fertilizer utilization, and to improve the
resistance of wheat and feed grain plants to disease and to enhance
their conservation and environmental qualities, the Secretary of
Agriculture is authorized and directed to carry out regional and
national research programs.
In carrying out such research, the Secretary shall utilize the
technical and related services of the appropriate Federal, State, and
private agencies.
There is authorized to be appropriated such sums as may be necessary
to carry out the provisions of this section, but not more than
$1,000,000 in any fiscal year.
(Pub. L. 91-524, title VIII, 810, as added Pub. L. 93-86, 1(27)(B),
Aug. 10, 1973, 87 Stat. 238.)
07 USC 428c. Rice research
TITLE 7 -- AGRICULTURE
(a) Regional and national research programs; rules; purposes
The Secretary of Agriculture may, under rules prescribed by such
Secretary, carry out regional and national research programs with regard
to rice for the following purposes:
(1) to reduce fertilizer and herbicide usage in excess of production
needs;
(2) to develop varieties of rice more susceptible to complete
fertilizer utilization;
(3) to improve the resistance of rice plants to disease and to
enhance their conservation and environmental qualities;
(4) to increase the usage of rice and its processing byproducts;
(5) to develop better husbandry practices in production and
conservation of rice;
(6) to develop more efficient rice storage practices;
(7) to improve domestic and international marketing of rice; and
(8) to benefit the general welfare.
(b) Utilization of services of Federal, State, local governmental and
private agencies; priority consideration
The Secretary shall, in implementing the program authorized in
subsection (a) of this section, utilize the technical and related
services of appropriate Federal, State, local governmental, and private
agencies, with priority consideration for land grant universities, State
experiment stations, and other agricultural institutions of higher
learning.
(c) Authorization of appropriations; use restriction
There is authorized to be appropriated not more than $1,000,000 for
the period ending September 30, 1976, to carry out the provisions of
this section. No funds authorized by this section shall be used for
advertising or promotional activities.
(Pub. L. 94-214, title II, 201, Feb. 16, 1976, 90 Stat. 187.)
Section 1 of Pub. L. 94-214 provided that: ''This Act (enacting
this section, amending sections 1352, 1385, 1428, and 1441 of this
title, and enacting provisions set out as notes under sections 1352,
1353, 1377, 1385, 1428, and 1441 of this title) may be cited as the
'Rice Production Act of 1975'.''
07 USC 429. Improvement of poultry, poultry products, and hatcheries
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to cooperate with State
authorities and with the authorities of the District of Columbia,
Alaska, Hawaii, and Puerto Rico in the administration of regulations for
the improvement of poultry, poultry products, and hatcheries.
(Sept. 21, 1944, ch. 412, title I, 101(b), 58 Stat. 734; Aug. 4,
1950, ch. 579, 64 Stat. 413.)
1950 -- Act Aug. 4, 1950, included within its provisions the
District of Columbia, Alaska, Hawaii, and Puerto Rico.
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii
was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No.
3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood
Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note
preceding section 21 of Title 48, Territories and Insular Possessions.
For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat.
4, set out as a note preceding section 491 of Title 48.
Appropriations of funds necessary to accomplish the purpose of this
section, see note under section 395 of this title.
07 USC 430. Purchase and testing of serums or analogous products;
dissemination of test results
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may purchase in the open market from
applicable appropriations samples of all tuberculin, serums, antitoxins,
or analogous products, of foreign or domestic manufacture, which are
sold in the United States, for the detection, prevention, treatment, or
cure of diseases of domestic animals, test the same, and disseminate the
results of said tests in such manner as he may deem best.
(Sept. 21, 1944, ch. 412, title I, 101(d), 58 Stat. 734.)
Appropriations of funds necessary to accomplish the purpose of this
section, see note under section 395 of this title.
07 USC 431. Purchase of tags, labels, stamps, and certificates
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to expend appropriations
for meat inspection for the purchase of printed tags, labels, stamps,
and certificates without regard to existing laws applicable to public
printing.
(Sept. 21, 1944, ch. 412, title I, 101(f), 58 Stat. 734.)
Appropriations of funds necessary to accomplish the purpose of this
section, see note under section 395 of this title.
07 USC 432. Purchase of cultures for soil and fertilizer
investigations
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may purchase from applicable
appropriations cultures in the open market for use in connection with
soil and fertilizer investigations.
(Sept. 21, 1944, ch. 412, title I, 104, 58 Stat. 735.)
07 USC 433. Domestic raising of fur-bearing animals; classification
TITLE 7 -- AGRICULTURE
For the purposes of all classification and administration of Acts of
Congress, Executive orders, administrative orders, and regulations
pertaining to --
(a) fox, rabbit, mink, chinchilla, marten, fisher, muskrat, karakul
and all other fur-bearing animals, raised in captivity for breeding or
other useful purposes shall be deemed domestic animals;
(b) such animals and the products thereof shall be deemed
agricultural products; and
(c) the breeding, raising, producing, or marketing of such animals or
their products by the producer shall be deemed an agricultural pursuit.
(Apr. 30, 1946, ch. 242, 1, 60 Stat. 127.)
Section 3 of act Apr. 30, 1946, provided that this section and
section 434 of this title shall become effective sixty days after Apr.
30, 1946.
07 USC 434. Transfer of functions, appropriations, records and
property to Secretary of Agriculture
TITLE 7 -- AGRICULTURE
(a) All the functions of the Secretary of the Interior and the Fish
and Wildlife Service of the Department of the Interior, which affect the
breeding, raising, producing, marketing, or any other phase of the
production or distribution, of domestically raised fur-bearing animals,
or products thereof, are transferred to and vested in the Secretary of
Agriculture.
(b) Appropriations and unexpended balances of appropriations, or
parts thereof, which the Director of the Office of Management and Budget
determines to be available for expenditure for the administration of any
function transferred by this section and section 433 of this title,
shall be available for expenditure for the continued administration of
such function by the officer to whom such function is so transferred.
(c) All records and property (including office furniture and
equipment) under the jurisdiction of the Secretary of the Interior and
the Fish and Wildlife Service of the Department of the Interior used
primarily in connection with the administration of functions transferred
by said sections are transferred to the jurisdiction of the Secretary of
Agriculture.
(Apr. 30, 1946, ch. 242, 2, 60 Stat. 127; 1970 Reorg. Plan No. 2,
102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)
Section effective 60 days after Apr. 30, 1946, see note set out
under section 433 of this title.
Functions vested by law (including reorganization plan) in Bureau of
the Budget or Director of Bureau of the Budget were transferred to
President by section 101 of 1970 Reorg. Plan No. 2. Section 102 of
1970 Reorg. Plan No. 2 redesignated Bureau of the Budget as Office of
Management and Budget and the offices of Director of Bureau of the
Budget, Deputy Director of Bureau of the Budget, and Assistant Directors
of Bureau of the Budget as Director of Office of Management and Budget,
Deputy Director of Office of Management and Budget, and Assistant
Directors of Office of Management and Budget, respectively. Section 103
of 1970 Reorg. Plan No. 2 transferred all records, property,
personnel, and funds of the Bureau to the Office of Management and
Budget. See part I of Reorg. Plan No. 2 of 1970, set out in the
Appendix to Title 5, Government Organization and Employees. See, also,
section 502 of Title 31, Money and Finance.
07 USC 435. Omitted
TITLE 7 -- AGRICULTURE
Section, which made inapplicable provisions of law prohibiting or
restricting employment of aliens to employment under the appropriations
for the Foreign Agricultural Service, was from the Department of
Agriculture Appropriation Act, 1974, Pub. L. 93-135. Similar
provisions were contained in prior appropriation acts. Section was not
repeated in the Department of Agriculture Appropriation Act, 1975,
accordingly, section was omitted from the Code. For provisions covering
employment of aliens generally, see section 3101 note of Title 5,
Government Organization and Employees.
Section was based on acts July 30, 1947, ch. 356, title I, 4, 61
Stat. 548; June 19, 1948, ch. 543, title I, 4, 62 Stat. 530; June
2, 1949, ch. 280, title III, 302, 63 Stat. 348; Sept. 6, 1950, ch.
896, ch. VI, title IV, 402, 64 Stat. 679; Aug. 31, 1951, ch. 374,
title IV, 402, 65 Stat. 245; July 5, 1952, ch. 574, title IV, 402,
66 Stat. 355; July 28, 1953, ch. 251, title IV 402, 67 Stat. 224;
June 29, 1954, ch. 409, title V, 502, 68 Stat. 318; May 23, 1955,
ch. 43, title V, 502, 69 Stat. 63; June 4, 1956, ch. 355, title V,
502, 70 Stat. 240; Aug. 2, 1957, Pub. L. 85-118, title V, 502, 71
Stat. 340; June 13, 1958, Pub. L. 85-459, title IV, 402, 72 Stat.
199; July 8, 1959, Pub. L. 86-80, title IV, 402, 73 Stat. 179; June
29, 1960, Pub. L. 86-532, title IV, 402, 74 Stat. 244; July 26,
1961, Pub. L. 87-112, title V, 502, 75 Stat. 240; Oct. 24, 1962,
Pub. L. 87-879, title VI, 602, 76 Stat. 1215; Dec. 30, 1963, Pub.
L. 88-250, title VI, 602, 77 Stat. 833; Sept. 2, 1964, Pub. L.
88-573, title V, 502, 78 Stat. 876; Nov. 2, 1965, Pub. L. 89-316,
title V, 502, 79 Stat. 1179; Sept. 7, 1966, Pub. L. 89-556, title
V, 502, 80 Stat. 703; Oct. 24, 1967, Pub. L. 90-113, title V, 502,
81 Stat. 334; Aug. 8, 1968, Pub. L. 90-463, title V, 502, 82 Stat.
653; Nov. 26, 1969, Pub. L. 91-127, title V, 502, 83 Stat. 260;
Dec. 22, 1970, Pub. L. 91-566, title V, 502, 84 Stat. 1496; Aug.
10, 1971, Pub. L. 92-73, title V, 502, 85 Stat. 201; Aug. 22, 1972,
Pub. L. 92-399, title V, 502, 86 Stat. 611; Oct. 24, 1973, Pub. L.
93-135, title V, 502, 87 Stat. 489.
07 USC 436. Transfer of Army Remount Service to Department of
Agriculture; effective date
TITLE 7 -- AGRICULTURE
In the interests of economy and efficiency, the records, property,
real and personal, and civilian personnel of the Remount Service of the
Quartermaster Corps, Department of the Army, are transferred to the
Department of Agriculture, effective July 1, 1948. Prior to that date,
the Secretary of the Army and the Secretary of Agriculture shall enter
into a written agreement on the property and the personnel covered by
this transfer.
(Apr. 21, 1948, ch. 224, 1, 62 Stat. 197.)
07 USC 437. Administration of transferred property; improvement in
horse breeding; acquisition of breeding stock and facilities; fees;
cooperation with other organizations
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to receive the property
transferred by section 436 of this title and is directed to administer
it in such manner as he deems will best advance the livestock and
agricultural interests of the United States, including improvement in
the breeding of horses suited to the needs of the United States; the
acquisition by purchase in the open market, exchange, hire, or donation
of breeding stock, and necessary land, buildings, and facilities; the
use of horses in the improvement of the supply of horses available in
agriculture; the demonstration of the quality and usefulness of horses
through participation in and lending for use in fairs, shows, and other
events, or otherwise; the loan, sale, or hire of animals or animal
products through such arrangements and subject to such fees as are
deemed necessary by the Secretary to accomplish the purposes of this
section and section 436 of this title, and, in carrying out such
program, the Secretary is authorized to cooperate with public and
private organizations and individuals under such rules and regulations
as are deemed by him to be necessary.
(Apr. 21, 1948, ch. 224, 2, 62 Stat. 197.)
Remount Program
Section 4 of act Apr. 21, 1948, provided: ''There is hereby
authorized to be appropriated to the Department of Agriculture such
funds as may be necessary to carry out this Act (sections 436 to 438 of
this title). The authority of the Department of the Army to conduct a
remount breeding program is hereby abolished. Funds appropriated
pursuant to this Act (said sections) shall be available for necessary
administrative expenses, including personal services in the District of
Columbia, printing and binding, and purchase or hire of passenger motor
vehicles.''
07 USC 438. Repealed. Pub. L. 88-448, title IV, 402(a)(26), Aug. 19,
1964, 78 Stat. 494
TITLE 7 -- AGRICULTURE
Section, act Apr. 21, 1948, ch. 224, 3, 62 Stat. 197, related to
employment of retired Army officers in Remount Service.
Repeal effective on first day of first month which begins later than
ninetieth day following Aug. 19, 1964, see section 403 of Pub. L.
88-448.
07 USC 439. Operation of Government-owned alcohol plants; location;
transfer of plants
TITLE 7 -- AGRICULTURE
For the purpose of assuring their operation for the production of
products from agricultural commodities in order to provide a means of
discharging the responsibility of the Department of Agriculture in
connection with surplus agricultural commodities, research, and other
authorized activities, and to assist in providing an adequate supply of
alcohol and other products produced from agricultural commodities
necessary for the national defense, (1) the Reconstruction Finance
Corporation, as successor to Defense Plant Corporation, shall transfer,
without regard to the provisions of the Surplus Property Act of 1944 and
without reimbursement or transfer of funds, to the Secretary of
Agriculture all of its right, title, and interest in and to the alcohol
plant established and constructed by Defense Plant Corporation at
Muscatine, Iowa, the property, together with the equipment, records,
facilities, and other property appurtenant thereto; and (2) the War
Assets Administration shall transfer to the Secretary of Agriculture
without regard to the provisions of the Surplus Property Act of 1944 and
without reimbursement or transfer of funds the alcohol plants at Kansas
City, Missouri, and Omaha, Nebraska, together with the land, equipment,
facilities, and other property appurtenant thereto.
(July 2, 1948, ch. 818, 1, 62 Stat. 1234.)
The Surplus Property Act of 1944, referred to in text, is act Oct.
3, 1944, ch. 479, 58 Stat. 765, which was classified principally to
sections 1611 to 1646 of Title 50, War and National Defense, and was
repealed effective July 1, 1949, with the exception of sections 1622,
1631, 1637, and 1641 of Title 50, Appendix, by act June 30, 1949, ch.
288, title VI, 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch.
849, 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially
repealed by the 1949 act, and section 1622 is still set out in part in
Title 50, Appendix. Section 1631 was repealed by act June 7, 1938, ch.
190, 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and
is covered by sections 98 et seq. of Title 50. Section 1637 was
repealed by act June 25, 1948, ch. 645, 21, 62 Stat. 862, eff. Sept.
1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal
Procedure. Provisions of section 1641 not repealed by the 1949 act were
repealed by Pub. L. 87-256, 111(a)(1), Sept. 21, 1961, 75 Stat. 538,
and are covered by chapter 33 ( 2451 et seq.) of Title 22, Foreign
Relations and Intercourse. The provisions of the Surplus Property Act
of 1944 originally repealed by the 1949 act are covered by chapter 10 (
471 et seq.) of Title 40, Public Buildings, Property, and Works.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Functions, property, records, etc., of War Assets Administration
transferred to Administrator of General Services and War Assets
Administration abolished by act June 30, 1949, ch. 288, title I, 105,
63 Stat. 381.
Section 6(a) of 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22
F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government
Organization and Employees.
07 USC 439a. Powers and duties of Secretary of Agriculture
TITLE 7 -- AGRICULTURE
In carrying out the purposes of sections 439 to 439e of this title
the Secretary is authorized, upon such terms and conditions as he deems
reasonable, and notwithstanding the provisions of any other law --
(a) to provide for the operation of such plants by lease or other
arrangement;
(b) to operate such plants, where operation by others will not, in
the judgment of the Secretary, accomplish the purpose of sections 439 to
439e of this title.
Such plants may be operated in the furtherance of any authorized
activities of the Department of Agriculture, and any lease, or other
arrangement may be upon such terms and conditions as to result in the
plant being operated for such purposes.
(July 2, 1948, ch. 818, 2, 62 Stat. 1234.)
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 439b. Recommendations to Congress for discontinuance of plants
TITLE 7 -- AGRICULTURE
Whenever the Secretary finds that the operation of any plant or
plants as provided in sections 439 to 439e of this title is no longer
necessary or desirable, he shall report such fact to Congress with his
recommendations for the disposition thereof.
(July 2, 1948, ch. 818, 3, 62 Stat. 1235.)
07 USC 439c. Construction of additional facilities; acquisition of
property; incurment of expenses; rules and regulations
TITLE 7 -- AGRICULTURE
For the purposes of sections 439 to 439e of this title, the Secretary
of Agriculture is authorized (a) to construct and provide additional
facilities and equipment necessary to the operation of such plants, and
to maintain, repair, and alter such plants; (b) to acquire property or
rights or interest therein by purchase, lease, gift, transfer,
condemnation, or otherwise; (c) to incur necessary administrative
expenses, including personal services; and (d) to make such rules and
regulations as may be necessary to carry out the purposes of said
sections.
(July 2, 1948, ch. 818, 4, 62 Stat. 1235.)
07 USC 439d. Assumption of obligations of Reconstruction Finance
Corporation covering Muscatine, Iowa, plant
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall assume all obligations of the
Reconstruction Finance Corporation covering operations of the Muscatine,
Iowa, plant, equipment, facilities, and appurtenant property outstanding
at the date of transfer.
(July 2, 1948, ch. 818, 5, 62 Stat. 1235.)
Section 6(a) of 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22
F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government
Organization and Employees, abolished Reconstruction Finance
Corporation.
07 USC 439e. Authorization of appropriations; availability of other
appropriations
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated for the purposes of sections
439 to 439e of this title such sums as the Congress may from time to
time determine to be necessary. Also, the Secretary is authorized to
use such sums from other appropriations or funds available to the
bureaus, corporations, or agencies of the Department of Agriculture as
he may deem necessary for expenses in connection with maintaining these
plants in standby condition while not under lease.
(July 2, 1948, ch. 818, 6, 62 Stat. 1235.)
07 USC 440. Reimbursement of appropriations available for classing or
grading agriculture commodities without charge
TITLE 7 -- AGRICULTURE
On and after June 29, 1949, appropriations available for classing or
grading any agricultural commodity without charge to the producers
thereof may be reimbursed from nonadministrative funds of the Commodity
Credit Corporation for the cost of classing or grading any such
commodity for producers who obtain Commodity Credit Corporation price
support.
(June 29, 1949, ch. 280, title I, 63 Stat. 344.)
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of
Commodity Credit Corporation; and Farm Credit Administration or any
agency, officer or entity of, under, or subject to supervision of the
said Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan
No. 2, 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as
a note under section 2201 of this title.
07 USC 441. Repealed. Pub. L. 85-36, title I, 111, May 23, 1957, 71
Stat. 35
TITLE 7 -- AGRICULTURE
Section, act Sept. 22, 1951, ch. 409, 65 Stat. 335, related to
prevention of entry of mollusks. See chapter 7B of this title.
Sections amended or repealed by Pub. L. 85-36 to continue in force
as to rights, liabilities and violations that occurred before May 23,
1957, and findings, regulations, orders, permits and certificates issued
before May 23, 1957 as remaining in effect until modified, see section
111 of Pub. L. 85-36 set out as a note under section 147a of this
title.
07 USC 442. Availability of grain to prevent waterfowl depredations;
payment of packaging, transporting, handling, and other charges
TITLE 7 -- AGRICULTURE
For the purpose of preventing crop damage by migratory waterfowl, the
Commodity Credit Corporation shall make available to the Secretary of
the Interior such wheat, corn, or other grains, acquired through price
support operations and certified by the Commodity Credit Corporation to
be available for purposes of sections 442 to 445 of this title or in
such condition through spoilage or deterioration as not to be desirable
for human consumption, as the Secretary of the Interior shall
requisition pursuant to section 443 of this title. With respect to any
grain thus made available, the Commodity Credit Corporation may pay
packaging, transporting, handling, and other charges up to the time of
delivery to one or more designated locations in each State.
(July 3, 1956, ch. 512, 1, 70 Stat. 492.)
07 USC 443. Requisition of grain to prevent crop depredation by
migratory waterfowl
TITLE 7 -- AGRICULTURE
Upon a finding by the Secretary of the Interior that any area in the
United States is threatened with damage to farmers' crops by migratory
waterfowl, whether or not during the open season for such migratory
waterfowl, the Secretary of the Interior is authorized and directed to
requisition from the Commodity Credit Corporation and to make available
to Federal, State, or local governmental bodies or officials, or to
private organizations or persons, such grain acquired by the Commodity
Credit Corporation through price-support operations in such quantities
and subject to such regulations as the Secretary determines will most
effectively lure migratory waterfowl away from crop depredations and at
the same time not expose such migratory waterfowl to shooting over areas
to which the waterfowl have been lured by such feeding programs.
(July 3, 1956, ch. 512, 2, 70 Stat. 492.)
07 USC 444. Reimbursement of packaging and transporting expenses
TITLE 7 -- AGRICULTURE
With respect to all grain made available pursuant to section 443 of
this title, the Commodity Credit Corporation shall be reimbursed by the
Secretary of the Interior for its expenses in packaging and transporting
such grain for purposes of sections 442 to 445 of this title.
(July 3, 1956, ch. 512, 3, 70 Stat. 492.)
07 USC 445. Authorization of appropriations for mitigating losses
caused by waterfowl depredation
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated such sums as may be necessary
to reimburse the Commodity Credit Corporation for its investment in the
grain transferred pursuant to sections 442 to 445 of this title.
(July 3, 1956, ch. 512, 4, 70 Stat. 492.)
07 USC 446. Repealed. Pub. L. 86-133, Aug. 4, 1959, 73 Stat. 279
TITLE 7 -- AGRICULTURE
Section, act July 3, 1956, ch. 512, 5, 70 Stat. 492, prescribed
three years following July 3, 1956, as expiration date for availability
of grain under sections 442 to 446 of this title.
07 USC 447. Requisition of surplus grain; prevention of starvation of
resident game birds and other resident wildlife; utilization by State
agencies; reimbursement for packaging and transporting
TITLE 7 -- AGRICULTURE
For the purpose of meeting emergency situations caused by adverse
weather conditions or other factors destructive of important wildlife
resources, the States are authorized, upon the request of the State fish
and game authority or other State agency having similar authority and a
finding by the Secretary of the Interior that any area of the United
States is threatened with serious damage or loss to resident game birds
and other resident wildlife from starvation, to requisition from the
Commodity Credit Corporation grain acquired by the Corporation through
price support operations. Such grain may thereafter be furnished to the
particular State for direct and sole utilization by the appropriate
State agencies for purposes of sections 447 to 449 of this title in such
quantities as mutually agreed upon by the State and the Commodity Credit
Corporation and subject to such regulations as may be considered
desirable by the Corporation. The Corporation shall be reimbursed by
the particular State in each instance for the expense of the Corporation
in packaging and transporting such grain for purposes of sections 447 to
449 of this title.
(Pub. L. 87-152, 1, Aug. 17, 1961, 75 Stat. 389.)
07 USC 448. Requisition and use of grain for prevention of starvation
of migratory birds; reimbursement for packaging and transporting
TITLE 7 -- AGRICULTURE
Upon a finding by the Secretary of the Interior that migratory birds
are threatened with starvation in any area of the United States, the
Secretary is authorized to requisition from the Commodity Credit
Corporation grain acquired by that Corporation through price support
operations in such quantities as may be mutually agreed upon. The
Corporation shall be reimbursed by the Secretary for its expense in
packaging and transporting of such grain for purposes of sections 447 to
449 of this title.
(Pub. L. 87-152, 2, Aug. 17, 1961, 75 Stat. 389.)
07 USC 449. Authorization of appropriations for reimbursement of
Commodity Credit Corporation
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated such sums as may be necessary
to reimburse the Commodity Credit Corporation for its investment in
grain transferred pursuant to sections 447 to 449 of this title.
(Pub. L. 87-152, 3, Aug. 17, 1961, 75 Stat. 389.)
07 USC 450. Cooperation with State agencies in administration and
enforcement of laws relating to marketing of agricultural products and
control or eradication of plant and animal diseases and pests;
coordination of administration of Federal and State laws
TITLE 7 -- AGRICULTURE
In order to avoid duplication of functions, facilities, and
personnel, and to attain closer coordination and greater effectiveness
and economy in administration of Federal and State laws and regulations
relating to the marketing of agricultural products and to the control or
eradication of plant and animal diseases and pests, the Secretary of
Agriculture is authorized, in the administration and enforcement of such
Federal laws within his area of responsibility, whenever he deems it
feasible and in the public interest, to enter into cooperative
arrangements with State departments of agriculture and other State
agencies charged with the administration and enforcement of such State
laws and regulations and to provide that any such State agency which has
adequate facilities, personnel, and procedures, as determined by the
Secretary, may assist the Secretary in the administration and
enforcement of such Federal laws and regulations to the extent and in
the manner he deems appropriate in the public interest.
Further, the Secretary is authorized to coordinate the administration
of such Federal laws and regulations with such State laws and
regulations wherever feasible. However, nothing herein shall affect the
jurisdiction of the Secretary of Agriculture under any Federal law, or
any authority to cooperate with State agencies or other agencies or
persons under existing provisions of law, or affect any restrictions of
law upon such cooperation.
(Pub. L. 87-718, Sept. 28, 1962, 76 Stat. 663.)
07 USC 450a. Cooperative research projects; agreements with and
receipt of funds from State and other agencies
TITLE 7 -- AGRICULTURE
On and after December 30, 1963, the Administrator of the Agricultural
Research Service may enter into agreements with and received funds from
any State, other political subdivision, organization, or individual for
the purpose of conducting cooperative research projects with such
cooperators.
(Pub. L. 88-250, title I, Dec. 30, 1963, 77 Stat. 820.)
07 USC 450b. Cooperation with State and other agencies; expenditures
TITLE 7 -- AGRICULTURE
In carrying on the activities of the Department of Agriculture
involving cooperation with State, county, and municipal agencies,
associations of farmers, individual farmers, universities, colleges,
boards of trade, chambers of commerce, or other local associations of
business men, business organizations, and individuals within the State,
Territory, district, or insular possession in which such activities are
to be carried on, moneys contributed from such outside sources, except
in the case of the authorized activities of the Forest Service, shall be
paid only through the Secretary of Agriculture or through State, county,
or municipal agencies, or local farm bureaus or like organizations,
cooperating for the purpose with the Secretary of Agriculture.
(July 24, 1919, ch. 26, 41 Stat. 270.)
Section was formerly classified to section 563 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
A prior section 450b, Pub. L. 89-106, 2, Aug. 4, 1965, 79 Stat.
431, which related to research grants, duration, records, and audit, was
transferred to section 450i of this title.
Application to cooperative work by Fish and Wildlife Service, see
section 753 of Title 16, Conservation.
07 USC 450c. Delegation of regulatory functions of Secretary of
Agriculture; definitions
TITLE 7 -- AGRICULTURE
As used in sections 450c to 450g of this title --
(a) The term ''regulatory order'' means an order, marketing
agreement, standard, permit, license, registration, suspension or
revocation of a permit, license, or registration, certificate, award,
rule or regulation, if it has the force and effect of law, and if it may
be made, prescribed, issued, or promulgated only after notice and
hearing or opportunity for hearing have been given.
(b) The term ''regulatory function'' means the making, prescribing,
issuing, or promulgating of a regulatory order; and includes (1)
determining whether such making, prescribing, issuing, or promulgating
is authorized or required by law, and (2) any action which is required
or authorized to be performed before, after, or in connection with, such
determining, making, prescribing, issuing, or promulgating.
(Apr. 4, 1940, ch. 75, 1, 54 Stat. 81.)
Section was formerly classified to section 516a of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
07 USC 450d. Delegation of regulatory functions to designated
employees; status of employees; number; revocation of delegation
TITLE 7 -- AGRICULTURE
Whenever the Secretary of Agriculture deems that the delegation of
the whole or any part of any regulatory function which the Secretary is,
now or after April 4, 1940, required or authorized to perform will
result in the more expeditious discharge of the duties of the Department
of Agriculture, he is authorized to make such delegation to any officer
or employee designated under this section. The Secretary is authorized
to designate officers or employees of the Department to whom functions
may be delegated under this section and to assign appropriate titles to
such officers or employees. There shall not be in the Department at any
one time more than two officers or employees designated under this
section and vested with a regulatory function or part thereof delegated
under this section. The Secretary may at any time revoke the whole or
any part of a delegation or designation made by him under this section.
(Apr. 4, 1940, ch. 75, 2, 54 Stat. 81; Sept. 6, 1966, Pub. L.
89-554, 8(a), 80 Stat. 632, 650.)
Section was formerly classified to section 516b of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1966 -- Pub. L. 89-554 repealed third sentence which related to
grade of a position. See section 5109 of Title 5, Government
Organization and Employees.
07 USC 450e. Authority of designated employees; retroactive
revocation of delegation
TITLE 7 -- AGRICULTURE
Whenever a delegation is made under section 450d of this title, all
provisions of law shall be construed as if the regulatory function or
the part thereof delegated had (to the extent of the delegation) been
vested by law in the individual to whom the delegation is made, instead
of in the Secretary of Agriculture. A revocation of delegation shall
not be retroactive, and each regulatory function or part thereof
performed (within the scope of the delegation) by such individual prior
to the revocation shall be considered as having been performed by the
Secretary.
(Apr. 4, 1940, ch. 75, 3, 54 Stat. 82.)
Section was formerly classified to section 516c of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
07 USC 450f. Delegation of functions under other laws as unaffected
TITLE 7 -- AGRICULTURE
The provisions of section 450d of this title shall not be deemed to
prohibit the delegation, under authority of any other provision of law,
of the whole or any part of any regulatory function or other function to
any officer or employee of the Department of Agriculture.
(Apr. 4, 1940, ch. 75, 4, 54 Stat. 82.)
Section was formerly classified to section 516d of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
07 USC 450g. Authorization of appropriations for cooperative research
projects
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated such sums as may be necessary
to carry out the purposes of sections 450c to 450g of this title.
(Apr. 4, 1940, ch. 75, 5, 54 Stat. 82.)
Section was formerly classified to section 516e of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
07 USC 450h. Transferred
TITLE 7 -- AGRICULTURE
Section, acts July 24, 1919, ch. 26, 41 Stat. 270; Sept. 3, 1954,
ch. 1263, 5, 68 Stat. 1227, was transferred to section 2220 of this
title.
Section was formerly classified to sections 67 and 564 of Title 5
prior to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80
Stat. 378.
07 USC 450i. Competitive, special, and facilities research grants
TITLE 7 -- AGRICULTURE
(a) Establishment of grant program
(1) In order to promote research in food, agriculture, and related
areas, a research grants program is hereby established in the Department
of Agriculture.
(2) Short Title. -- This section may be cited as the ''Competitive,
Special, and Facilities Research Grant Act''.
(b) Competitive grants
(1) The Secretary of Agriculture is authorized to make competitive
grants, for periods not to exceed five years, to State agricultural
experiment stations, all colleges and universities, other research
institutions and organizations, Federal agencies, private organizations
or corporations, and individuals, for research to further the programs
of the Department of Agriculture. To the greatest extent possible the
Secretary shall allocate these grants to high priority research taking
into consideration, when available, the determinations made by the Joint
Council on Food and Agricultural Sciences and the National Agricultural
Research and Extension Users Advisory Board identifying high priority
research areas.
(2) High Priority Research. -- For purposes of this subsection, the
term ''high priority research'' means basic and applied research that
focuses on both national and regional research needs (and methods to
transfer such research to onfarm or inmarket practice) in --
(A) plant systems, including plant genome structure and function;
molecular and cellular genetics and plant biotechnology; plant-pest
interactions and biocontrol systems; crop plant response to
environmental stresses; unproved nutrient qualities of plant products;
and new food and industrial uses of plant products;
(B) animal systems, including aquaculture, cellular and molecular
basis of animal reproduction, growth, disease, and health;
identification of genes responsible for improved production traits and
resistance to disease; improved nutritional performance of animals;
and improved nutrient qualities of animal products, and uses, and the
development of new and improved animal husbandry and production systems
that take into account production efficiency and animal well-being, and
animal systems applicable to aquaculture;
(C) nutrition, food quality, and health, including microbial
contaminants and pesticides residues related to human health; links
between diet and health; bioavailability of nutrients; postharvest
physiology and practices; and improved processing technologies;
(D) natural resources and the environment, including fundamental
structures and functions of ecosystems; biological and physical bases
of sustainable production systems; minimizing soil and water losses and
sustaining surface water and ground water quality; global climate
effects on agriculture; forestry; and biological diversity;
(E) engineering, products, and processes, including new uses and new
products from traditional and non-traditional crops, animals,
byproducts, and natural resources; robotics, energy efficiency,
computing, and expert systems; new hazard and risk assessment and
mitigation measures; and water quality and management; and
(F) markets, trade, and policy, including optional strategies for
entering and being competitive in overseas markets; new decision tools
for onfarm and inmarket systems; choices and applications of
technology; technology assessment; and new approaches to rural
economic development.
(3) Types of Grants. -- In addition to making research grants under
paragraph (1), the Secretary may conduct a program to improve research
capabilities in the agricultural, food, and environmental sciences and
award the following categories of competitive grants:
(A) Grants may be awarded to a single investigator or coinvestigators
within the same discipline.
(B) Grants may be awarded to teams of researchers from different
areas of agricultural research and scientific disciplines.
(C) Grants may be awarded to multidisciplinary teams that are
proposing research on long-term applied research problems, with
technology transfer a major component of all such grant proposals.
(D) Grants may be awarded to an institution to allow for the
improvement of the research, development, technology transfer, and
education capacity of the institution through the acquisition of special
research equipment and the improvement of agricultural education and
teaching. The Secretary shall use not less than 25 percent, and not
more than 40 percent, of the funds made available for grants under this
subparagraph to provide fellowships to outstanding pre- and
post-doctoral students for research in the agricultural sciences.
(E) Grants may be awarded to single investigators or coinvestigators
who are beginning their research careers and do not have an extensive
research publication record. To be eligible for a grant under this
subparagraph, an individual shall have less than 5 years of
post-graduate research experience.
(F) Grants may be awarded to ensure that the faculty of small and
mid-sized institutions who have not previously been successful in
obtaining competitive grants under this subsection receive a portion of
the grants.
(4) Term. -- The term of a competitive grant made under this
subsection may not exceed 5 years.
(5) Director. -- The Secretary shall appoint a director for the grant
program authorized by this subsection. The Secretary, acting through
the director, shall be responsible for the overall direction of the
grant program and implementation of general policies respecting the
management and operation of programs and activities in the program.
(6) Participation in Grant Process. -- In seeking proposals for
grants under this subsection and in performing peer review evaluations
of such proposals, the Secretary shall seek the widest participation of
qualified scientists in the Federal Government, colleges and
universities, State agricultural experiment stations, and the private
sector.
(7) Construction Prohibited. -- A grant made under paragraph (1) may
not be used for any purpose for which a grant may be made under
subsection (d) of this section or for the planning, repair,
rehabilitation, acquisition, or construction of a building or facility.
(8) Matching Funds. -- (A) Except as provided in subparagraph (B),
the Secretary may not take the offer or availability of matching funds
into consideration in making a grant under this subsection.
(B) In the case of grants under paragraph (3)(D), the amount provided
under this subsection may not exceed 50 percent of the cost the special
research equipment or other equipment acquired.
(9) Annual Report. -- The Secretary shall transmit to Congress an
annual report describing the policies, priorities, and operations of the
grant program authorized by this subsection during the preceding fiscal
year. The report shall --
(A) include a description of the progress being made to comply with
subsection (j) of this section; and
(B) be transmitted not later than January 1 of each year.
(10) Authorization of Appropriations. -- There are authorized to be
appropriated to carry out this subsection $150,000,000 for fiscal year
1991, $275,000,000 for fiscal year 1992, $350,000,000 for fiscal year
1993, $400,000,000 for fiscal year 1994, and $500,000,000 for fiscal
year 1995, of which each fiscal year --
(A) not less than 10 percent for fiscal year 1991, 20 percent for
fiscal year 1992, and 30 percent for fiscal year 1993 and each fiscal
year thereafter shall be available to make grants for research to be
conducted by multidisciplinary teams;
(B) not less than 20 percent shall be available to make grants for
research to be conducted by persons conducting mission-linked systems
research;
(C) not less than 10 percent shall be available to make grants under
subparagraphs (D) and (F) of paragraph (3) for awarding grants in
research and education strengthening and research opportunity;
(D) not more than two percent may be used for equipment grants under
subparagraph (3)(D); and
(E) not more than four percent may be retained by the Secretary to
pay administrative costs incurred by the Secretary in carrying out this
subsection.
(c) Special grants
(1) The Secretary of Agriculture may make grants, for periods not to
exceed 5 years --
(A) to State agricultural experiment stations, all colleges and
universities, other research institutions and organizations, Federal
agencies, private organizations or corporations, and individuals for the
purpose of conducting research to facilitate or expand promising
breakthroughs in areas of the food and agricultural sciences of
importance to the United States; and
(B) to State agricultural experiment stations, land-grant colleges
and universities, research foundations established by land-grant
colleges and universities, colleges and universities receiving funds
under the Act of October 10, 1962 (16 U.S.C. 582a et seq.), and
accredited schools or colleges of veterinary medicine for the purpose of
facilitating or expanding ongoing State-Federal food and agricultural
research programs that --
(i) promote excellence in research on a regional and national level;
(ii) promote the development of regional research centers;
(iii) promote the research partnership between the Department of
Agriculture, colleges and universities, research foundations, and State
agricultural experiment stations for regional research efforts; and
(iv) facilitate coordination and cooperation of research among States
through regional research grants.
(2) Limitations. -- The Secretary may not make a grant under this
subsection --
(A) for any purpose for which a grant may be made under subsection
(d) of this section; or
(B) for the planning, repair, rehabilitation, acquisition, or
construction of a building or facility.
(3) Matching Funds. -- Grants made under this subsection shall be
made without regard to matching funds.
(4) Set Asides. -- Of amounts appropriated for a fiscal year to carry
out this subsection --
(A) ninety percent of such amounts shall be used for grants for
regional research projects; and
(B) four percent of such amounts may be retained by the Secretary to
pay administrative costs incurred by the Secretary to carry out this
subsection.
(d) Facilities grants
The Secretary of Agriculture shall make annual grants to support the
renovation and refurbishment (including energy retrofitting) of research
spaces in buildings or spaces to be used for research, and the purchase
and installation of fixed equipment in such spaces. Such grants may be
used for new construction only for auxiliary facilities and fixed
equipment used for research in such facilities, such as greenhouses,
insectaries, and research farm structures and installations. Such
grants shall be made to --
(1) each State agricultural experiment station in an amount of
$100,000 or an amount which is equal to 10 per centum of the funds
received by such station under the Act of March 2, 1887 (24 Stat.
440-442, as amended; 7 U.S.C. 361a-361i), and the Act of October 10,
1962 (76 Stat. 806-807, as amended; 16 U.S.C. 582a, 582a-1 -- 582a-7),
whichever is greater: Provided, That of any amount in excess of $50,000
made available under this paragraph during any year for allotment to a
State agricultural experiment station, no payment thereof shall be made
in excess of the amount which the station makes available during that
year for the purposes for which grants under this paragraph are made
available;
(2) each accredited college of veterinary medicine and State
agricultural experiment station which receives funds from the Federal
Government for animal health research, in an amount which is equal to 10
per centum of the animal health research funds received by such college
or experiment station from the Federal Government during the previous
fiscal year;
(3) each forestry school not described in paragraph (1) of this
subsection, which is eligible to receive funds under the Act of October
10, 1962 (16 U.S.C. 582a et seq.), in an amount which is equal to 10 per
centum of the funds received by such school under that Act; and
(4) each college eligible to receive funds under the Act of August
30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee Institute, in an
amount which is equal to 10 per centum of the funds received by such
college under section 3222 of this title.
Any college or State agricultural experiment station eligible for
annual grants under this subsection may elect to defer the receipt of an
annual grant for any fiscal year for up to five years: Provided, That
the total amounts deferred may not exceed $1,000,000. Application may
be made for receipt of deferred grants at any time during the five
years, subject to the matching funds requirement of this subsection and
the availability of appropriations under this subsection.
(e) Inter-Regional Research Project Number 4
(1) The Secretary of Agriculture shall establish an Inter-Regional
Research Project Number 4 (hereinafter referred to in this subsection as
the ''IR-4 Program'') to assist in the collection of residue and
efficacy data in support of --
(A) the registration or reregistration of minor use pesticides under
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.); and
(B) tolerances for residues of minor use chemicals in or on raw
agricultural commodities under sections 346a and 348 of title 21.
(2) The Secretary shall carry out the IR-4 Program in cooperation
with the Administrator of the Environmental Protection Agency, State
agricultural experiment stations, colleges and universities, extension
services, private industry, and other interested parties.
(3) In carrying out the IR-4 Program, the Secretary shall give
priority to registrations, reregistrations, and tolerances for pesticide
uses related to the production of agricultural crops for food use.
(4) As part of carrying out the IR-4 Program, the Secretary shall --
(A) participate in research activities aimed at reducing residues of
pesticides registered for minor agricultural use;
(B) develop analytical techniques applicable to residues of
pesticides registered for minor agricultural use, including automation
techniques and validation of analytical methods; and
(C) coordinate with other programs within the Department of
Agriculture and the Environmental Protection Agency designed to develop
and promote biological and other alternative control measures.
(5) The Secretary shall prepare and submit, to appropriate Committees
of Congress, a report on an annual basis that contains --
(A) a listing of all registrations, reregistrations, and tolerances
for which data has been collected in the preceding year;
(B) a listing of all registrations, reregistrations, and tolerances
for which data collection is scheduled to occur in the following year,
with an explanation of the priority system used to develop this list;
and
(C) a listing of all activities the IR-4 Program has carried out
pursuant to paragraph (4).
(6) The Secretary shall submit to Congress not later than November
28, 1991, a report detailing the feasibility of requiring recoupment of
the costs of developing residue data for registrations, reregistrations,
or tolerances under this program. Such recoupment shall only apply to
those registrants which make a profit on such registration,
reregistration, or tolerance subsequent to residue data development
under this program. Such report shall include:
(A) an analysis of possible benefits to the IR-4 Program of such a
recoupment;
(B) an analysis of the impact of such a payment on the availability
of registrants to pursue registrations or reregistrations of minor use
pesticides; and
(C) recommendations for implementation of such a recoupment policy.
(7) There are authorized to be appropriated $25,000,000 for fiscal
year 1991, and such sums as are necessary for subsequent fiscal years to
carry out this subsection.
(f) Record keeping
Each recipient of assistance under this section shall keep such
records as the Secretary of Agriculture shall, by regulation, prescribe,
including records which fully disclose the amount and disposition by
such recipient of the proceeds of such grants, the total cost of the
project or undertaking in connection with which such funds are given or
used, and the amount of that portion of the costs of the project or
undertaking supplied by other sources, and such other records as will
facilitate an effective audit. The Secretary of Agriculture and the
Comptroller General of the United States or any of their duly authorized
representatives shall have access for the purpose of audit and
examination to any books, documents, papers, and records of the
recipients that are pertinent to the grants received under this section.
(g) Limits on overhead costs
The Secretary of Agriculture shall limit allowable overhead costs,
with respect to grants awarded under this section, to those necessary to
carry out the purposes of the grants.
(h) Authorization of appropriations
Except as otherwise provided in subsections (b) and (e) of this
section, there are hereby authorized to be appropriated such sums as are
necessary to carry out this section.
(i) Rules
The Secretary of Agriculture may issue such rules and regulations as
the Secretary deems necessary to carry out this section.
(j) Application of other laws
The Federal Advisory Committee Act and title XVIII of the Food and
Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to a
panel or board created for the purpose of reviewing applications or
proposals submitted under this section.
(k) Emphasis on sustainable agriculture
The Secretary of Agriculture shall ensure that grants made under
subsections (b) and (c) of this section are, where appropriate,
consistent with the development of systems of sustainable agriculture.
For purposes of this section, the term ''sustainable agriculture'' has
the meaning given that term in section 3103(17) of this title.
(l) Reports
The Secretary of Agriculture shall prepare and submit to Congress on
January 1 of each year a report on awards made under subsections (b) and
(c) of this section during the previous fiscal year.
(m) Consultation with Technology Board
The Secretary of Agriculture may consult with the Agricultural
Science and Technology Review Board regarding the policies, priorities,
and operation of subsections (b) and (c) of this section.
(Pub. L. 89-106, 2, Aug. 4, 1965, 79 Stat. 431; Pub. L. 95-113,
title XIV, 1414, Sept. 29, 1977, 91 Stat. 991; Pub. L. 97-98, title
XIV, 1415, Dec. 22, 1981, 95 Stat. 1303; Pub. L. 99-198, title XIV,
1409, Dec. 23, 1985, 99 Stat. 1546; Pub. L. 101-624, title XIV, 1497,
title XVI, 1615, 1616, Nov. 28, 1990, 104 Stat. 3630, 3729, 3732;
Pub. L. 102-237, title IV, 401, Dec. 13, 1991, 105 Stat. 1862.)
Act of March 2, 1887 (24 Stat. 440-442, as amended; 7 U.S.C.
361a-361i), referred to in subsec. (d)(1), is act Mar. 2, 1887, ch.
314, 24 Stat. 440, as amended, popularly known as the Hatch Act of
1887, which is classified generally to sections 361a to 361i of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 361a of this title and Tables.
Act of October 10, 1962, referred to in subsecs. (c)(1)(B) and
(d)(1), (3), is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as
amended, known as the McIntire-Stennis Act of 1962, which is classified
generally to subchapter III ( 582a et seq.) of chapter 3 of Title 16,
Conservation. For complete classification of this Act to the Code, see
Tables.
Act of August 30, 1890 (7 U.S.C. 321 et seq.), referred to in subsec.
(d)(4), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended,
popularly known as the Agricultural College Act of 1890 and also as the
Second Morrill Act, which is classified generally to subchapter II ( 321
et seq.) of chapter 13 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 321 of
this title and Tables.
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (e)(1)(A), is act June 25, 1947, ch. 125, as amended
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is
classified generally to subchapter II ( 136 et seq.) of chapter 6 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 136 of this title and Tables.
The Federal Advisory Committee Act, referred to in subsec. (j), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
The Food and Agriculture Act of 1977, referred to in subsec. (j), is
Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title
XVIII of the Act is classified generally to chapter 55A ( 2281 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title of 1977 Amendment note set out under section 1281 of this
title and Tables.
1991 -- Subsec. (a). Pub. L. 102-237, 401(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (b)(10). Pub. L. 102-237, 401(b)(1), struck out ''and''
after ''1993,''.
Subsec. (e). Pub. L. 102-237, 401(b)(2)(A), substituted
''Inter-Regional Research Project Number 4'' for ''Record keeping'' as
heading.
Subsec. (e)(1). Pub. L. 102-237, 401(b)(2)(B), substituted ''this
subsection'' for ''this section'' in introductory provisions.
Subsec. (e)(2) to (4). Pub. L. 102-237, 401(b)(2)(C), substituted
''IR-4 Program'' for ''IR-4 program''.
Subsec. (e)(5)(B). Pub. L. 102-237, 401(b)(2)(D), substituted
''registrations,'' for ''registration,'' and inserted ''and'' at end.
Subsec. (e)(5)(C). Pub. L. 102-237, 401(b)(2)(C), substituted ''IR-4
Program'' for ''IR-4 program''.
Subsec. (e)(6). Pub. L. 102-237, 401(b)(2)(E), substituted ''not
later than November 28, 1991,'' for ''within one year of November 28,
1990,'' and inserted a comma after ''reregistrations'' in first
sentence.
Subsec. (e)(6)(A). Pub. L. 102-237, 401(b)(2)(C), substituted ''IR-4
Program'' for ''IR-4 program''.
Subsec. (e)(7). Pub. L. 102-237, 401(b)(2)(B), substituted ''this
subsection'' for ''this section''.
Subsec. (f). Pub. L. 102-237, 401(b)(3), substituted ''Record
keeping'' for ''Limits on overhead costs'' as heading.
Subsec. (g). Pub. L. 102-237, 401(b)(4), substituted ''Limits on
overhead costs'' for ''Authorization of appropriations'' as heading.
Subsec. (h). Pub. L. 102-237, 401(b)(5), substituted ''Authorization
of appropriations'' for ''Rules'' as heading and ''subsections (b) and
(e) of this section'' for ''subsection (b) of this section'' and struck
out ''the provisions of'' after ''to carry out''.
Subsec. (i). Pub. L. 102-237, 401(b)(6), substituted ''Rules'' for
''Application of other laws'' as heading, substituted ''may'' for ''is
authorized to'', and struck out ''the provisions of'' after ''to carry
out''.
Subsec. (j). Pub. L. 102-237, 401(b)(7), (8), inserted ''Application
of other laws'' as heading and redesignated another subsec. (j),
relating to emphasis on sustainable agriculture, as (k).
Subsecs. (k) to (m). Pub. L. 102-237, 401(b)(8), redesignated
subsecs. (j) to (l), as added by Pub. L. 101-624, 1615(b), as (k) to
(m), respectively.
1990 -- Pub. L. 101-624, 1615(c)(1), inserted ''Competitive,
special, and facilities research grants'' as section catchline.
Subsec. (a). Pub. L. 101-624, 1615(c)(1), inserted heading.
Subsec. (b). Pub. L. 101-624, 1615(a), inserted heading, designated
first two sentences of existing text as par. (1), added pars. (2) to
(10), and struck out former similar provisions which identified ''high
priority research'' as well as provisions relating to the awarding,
administration, and funding of such research.
Subsec. (c). Pub. L. 101-624, 1616, amended subsec. (c) generally,
designating former introductory text as par. (1), redesignating former
pars. (1) and (2) as subpars. (A) and (B), respectively, and in
subpar. (A), expanding the entities which may receive grants under this
subsection to include all colleges and universities, other research
institutions and organizations, Federal agencies, private organizations
or corporations, and individuals for the purpose of conducting research
in areas of food and agriculture important to the U.S., and designating
former closing provisions as pars. (2) through (4), and in par. (4),
inserting provisions requiring that ninety percent of the amounts
appropriated for a fiscal year under this subsection be used for
regional research projects.
Subsec. (d). Pub. L. 101-624, 1615(c)(2), inserted heading.
Subsec. (e). Pub. L. 101-624, 1497(1), (2), 1615(c)(3), added
subsec. (e), inserted heading, and redesignated former subsec. (e) as
(f).
Subsec. (f). Pub. L. 101-624, 1497(1), 1615(c)(4), redesignated
subsec. (e) as (f) and inserted heading. Former subsec. (f)
redesignated (g).
Subsec. (g). Pub. L. 101-624, 1497(1), 1615(c)(5), redesignated
subsec. (f) as (g) and inserted heading. Former subsec. (g)
redesignated (h).
Pub. L. 101-624, 1497(3), which directed insertion of ''and
subsection (e)'' after ''subsection (b)'', could not be executed because
''subsection (b)'' did not appear in text.
Subsec. (h). Pub. L. 101-624, 1497(1), 1615(c)(6), redesignated
subsec. (g) as (h) and inserted heading. Former subsec. (h)
redesignated (i).
Subsec. (i). Pub. L. 101-624, 1497(1), 1615(c)(7), redesignated
subsec. (h) as (i) and inserted heading. Former subsec. (i)
redesignated (j).
Subsec. (j). Pub. L. 101-624, 1615(b), added subsec. (j) relating
to emphasis on sustainable agriculture.
Pub. L. 101-624, 1497(1), redesignated subsec. (i), relating to
application of other laws, as (j).
Subsecs. (k) and (l). Pub. L. 101-624, 1615(b), added subsecs. (k)
and (l).
1985 -- Subsec. (b). Pub. L. 99-198, 1409(a)(1), (2), substituted
in third sentence par. ''(2) research, with emphasis on
biotechnology,'' for ''(2) research'' and added pars. (7) and (8), and
prohibited any grant under subsec. (b) for any purpose for which a
grant may be made under subsec. (d) or for the planning, repair,
rehabilitation, acquisition, or construction of a building or a
facility.
Pub. L. 99-198, 1409(a)(3), in concluding provisions substituted
appropriations authorization of $70,000,000 annually for fiscal years
ending Sept. 30, 1986, through Sept. 30, 1990 for prior authorization
of 25, 30, 35, and 40 million dollars for fiscal years ending Sept. 30,
1978, through Sept. 30, 1981, and 50 million dollars annually for
fiscal years ending Sept. 30, 1982, through Sept. 30, 1985, and for
any subsequent fiscal year not in excess of such sums as may be
authorized by law; and authorized retention of four percent of
appropriated funds for payment of administrative costs.
Subsec. (c). Pub. L. 99-198, 1409(b)(1), prohibited any grant under
subsec. (c) for any purpose for which a grant may be made under subsec.
(d) or for the planning, repair, rehabilitation, acquisition, or
construction of a building or a facility.
Pub. L. 99-198, 1409(b)(2), authorized retention of four percent of
appropriated funds for payment of administrative costs.
Subsec. (i). Pub. L. 99-198, 1409(c), added subsec. (i).
1981 -- Subsec. (b). Pub. L. 97-98, 1415(a), inserted ''and the
National Agricultural Research and Extension Users Advisory Board'' and
provision specifying what is included in high priority research and
substituted ''for each of the fiscal years ending September 30, 1982,
September 30, 1983, September 30, 1984, and September 30, 1985'' for
''for the fiscal year ending September 30, 1982''.
Subsec. (c). Pub. L. 97-98, 1415(b), in par. (1) inserted
''research foundations established by land-grant colleges and
universities,'', in par. (2) inserted reference to research foundations
established by land-grant colleges and universities, colleges and
universities receiving funds under the Act of October 10, 1962, and
accredited schools or colleges of veterinary medicine, and added subpar.
(D).
Subsec. (d). Pub. L. 97-98, 1415(c), in provision preceding par.
(1) substituted provision directing that annual grants be made to
support the renovation and refurbishment, including energy retrofitting,
of research spaces in buildings or spaces to be used for research, and
the purchase and installation of fixed equipment in such spaces and
providing that grants may be used for new construction only for
auxiliary facilities and fixed equipment used for research in such
facilities, such as greenhouses, insectaries, and research farm
structures and installations for provision that grants be made to
support the purchase of equipment, supplies, and land, and the
construction, alteration, or renovation of buildings, necessary for the
conduct of food and agricultural research and added pars. (3) and (4).
1977 -- Pub. L. 95-113 designated existing provisions as subsec.
(e) and a part of subsec. (b) and added the remainder of subsec. (b)
and subsecs. (a), (c), (d), (f), (g), and (h).
Section 1409(a)(3) of Pub. L. 99-198 provided that the amendment
made by that section is effective Oct. 1, 1985.
Section 1409(b)(2) of Pub. L. 99-198 provided that the amendment
made by that section is effective Oct. 1, 1985.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 450j. Indemnity payments to dairy farmers and manufacturers of
dairy products; milk removed for its residue of chemical or toxic
substances; nuclear radiation or fallout contaminants; other legal
recourse
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to make indemnity payments
for milk or cows producing such milk at a fair market value, to dairy
farmers who have been directed since January 1, 1964 (but only since
August 10, 1973, in the case of indemnity payments not authorized prior
to August 10, 1973), to remove their milk, and to make indemnity
payments for dairy products at fair market value to manufacturers of
dairy products who have been directed since November 30, 1970, to remove
their dairy products from commercial markets because of residues of
chemicals registered and approved for use by the Federal Government at
the time of such use. The Secretary is also authorized to make
indemnity payments for milk, or cows producing such milk, at a fair
market value to any dairy farmer who is directed to remove his milk from
commercial markets because of (1) the presence of products of nuclear
radiation or fallout if such contamination is not due to the fault of
the farmer, or (2) residues of chemicals or toxic substances not
included under the first sentence of this section if such chemicals or
toxic substances were not used in a manner contrary to applicable
regulations or labeling instructions provided at the time of use and the
contamination is not due to the fault of the farmer: Provided, That no
indemnity payment may be made for contamination resulting from such
residues of chemicals or toxic substances if the Secretary determines
within thirty days after the date of application for payment that other
legal recourse is available to the farmer. Any indemnity payment to any
farmer shall continue until he has been reinstated and is again allowed
to dispose of his milk on commercial markets.
(Pub. L. 90-484, 1, Aug. 13, 1968, 82 Stat. 750; Pub. L. 91-524,
title II, 204(b), Nov. 30, 1970, 84 Stat. 1362; Pub. L. 93-86,
1(5)(B), Aug. 10, 1973, 87 Stat. 223; Pub. L. 95-113, title II,
205(1), Sept. 29, 1977, 91 Stat. 920.)
The following Acts authorized indemnity payments for the periods
ending as indicated:
June 30, 1968 -- Pub. L. 90-95, 1, Sept. 28, 1967, 81 Stat. 231.
June 30, 1967 -- Pub. L. 89-794, title III, 301(c), Nov. 8, 1966,
80 Stat. 1465.
June 30, 1966 -- Pub. L. 89-253, 24, Oct. 29, 1965, 79 Stat. 977.
June 30, 1965 -- Pub. L. 89-16, title III, 303, Apr. 30. 1965, 79
Stat. 108.
Jan. 31, 1965 -- Pub. L. 88-452, title III, 331, Aug. 20, 1964, 78
Stat. 525.
1977 -- Pub. L. 95-113 authorized indemnity payments for milk, or
cows producing such milk, at a fair market value to any dairy farmer who
is directed to remove his milk from commercial markets because of the
presence of products of nuclear radiation or fall- out if such
contamination is not due to the fault of the farmer, or because of
residues of chemicals or toxic substances not included under the first
sentence of this section if such chemicals or toxic substances were not
used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer, and inserted provision that no indemnity
payment may be made for contamination resulting from residues of
chemicals or toxic substances if the Secretary determines within thirty
days after the date of application for payment that other legal recourse
is available to the farmer.
1973 -- Pub. L. 93-86 inserted ''for milk or cows producing such
milk'' after ''The Secretary of Agriculture is authorized to make
indemnity payments'' and ''(but only since August 10, 1973, in the case
of indemnity payments not authorized prior to August 10, 1973)'' after
''January 1, 1964'' and substituted '', and to make indemnity payments
for dairy products at fair market value to'' for ''and'' after ''remove
their milk'' and ''of'' for ''it contained'' before ''residues of
chemicals''.
1970 -- Pub. L. 91-524 inserted ''and manufacturers of dairy
products who have been directed since November 30, 1970, to remove their
dairy products,'' after ''milk'', in first sentence, and substituted
''Any indemnity payment to any farmer shall continue'' for ''Such
indemnity payments shall continue to each dairy farmer'' in second
sentence.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC 450k. Authorization of appropriations for dairy farmer
indemnities
TITLE 7 -- AGRICULTURE
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of sections 450j to 450l of this
title.
(Pub. L. 90-484, 2, Aug. 13, 1968, 82 Stat. 750.)
The following Acts authorized indemnity payments for the periods
ending as indicated:
June 30, 1968 -- Pub. L. 90-95, 2, Sept. 28, 1967, 81 Stat. 231.
June 30, 1967 -- Pub. L. 89-794, title III, 301(c), Nov. 8, 1966,
80 Stat. 1465.
June 30, 1966 -- Pub. L. 89-253, 24, Oct. 29, 1965, 79 Stat. 977.
June 30, 1965 -- Pub. L. 89-16, title III, 303, Apr. 30, 1965, 79
Stat. 108.
Jan. 31, 1965 -- Pub. L. 88-452, title III, 331, Aug. 20, 1964, 78
Stat. 525.
07 USC 450l. Expiration of dairy farmer indemnity program
TITLE 7 -- AGRICULTURE
The authority granted under sections 450j to 450l of this title shall
expire on September 30, 1995.
(Pub. L. 90-484, 3, Aug. 13, 1968, 82 Stat. 750; Pub. L. 91-524,
title II, 204(a), Nov. 30, 1970, 84 Stat. 1361; Pub. L. 93-86,
1(5)(A), Aug. 10, 1973, 87 Stat. 223; Pub. L. 95-113, title II,
205(2), Sept. 29, 1977, 91 Stat. 920; Pub. L. 97-98, title I, 105,
Dec. 22, 1981, 95 Stat. 1220; Pub. L. 99-198, title I, 152, Dec. 23,
1985, 99 Stat. 1377; Pub. L. 101-624, title I, 110, Nov. 28, 1990, 104
Stat. 3380.)
The following Acts authorized indemnity payments for the periods
ending as indicated:
June 30, 1968 -- Pub. L. 90-95, 3, Sept. 28, 1967, 81 Stat. 231.
June 30, 1967 -- Pub. L. 89-794, title III, 301(c), Nov. 8, 1966,
80 Stat. 1465.
June 30, 1966 -- Pub. L. 89-253, 24, Oct. 29, 1965, 79 Stat. 977.
June 30, 1965 -- Pub. L. 89-16, title III, 303, Apr. 30, 1965, 79
Stat. 108.
Jan. 31, 1965 -- Pub. L. 88-452, title III, 331, Aug. 20, 1964, 78
Stat. 525.
1990 -- Pub. L. 101-624 substituted ''1995'' for ''1990''.
1985 -- Pub. L. 99-198 substituted ''1990'' for ''1985''.
1981 -- Pub. L. 97-98 substituted ''1985'' for ''1981''.
1977 -- Pub. L. 95-113 substituted ''September 30, 1981'' for ''June
30, 1977''.
1973 -- Pub. L. 93-86 substituted ''1977'' for ''1973''.
1970 -- Pub. L. 91-524 substituted ''1973'' for ''1970''.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
07 USC CHAPTER 18 -- COOPERATIVE MARKETING
TITLE 7 -- AGRICULTURE
Sec.
451. Agricultural products defined.
452. Supervision of division of cooperative marketing.
453. Authority and duties of division.
454. Advisers to counsel with Secretary of Agriculture; expenses
and subsistence.
455. Dissemination of crop, market, etc., information by cooperative
marketing associations.
456. Rules and regulations; appointment, removal, and compensation
of employees; expenditures; authorization of appropriations.
457. Separability.
07 USC 451. Agricultural products defined
TITLE 7 -- AGRICULTURE
When used in this chapter the term ''agricultural products'' means
agricultural, horticultural, viticultural, and dairy products, livestock
and the products thereof, the products of poultry and bee raising, the
edible products of forestry, and any and all products raised or produced
on farms and processed or manufactured products thereof, transported or
intended to be transported in interstate and/or foreign commerce.
(July 2, 1926, ch. 725, 1, 44 Stat. 802.)
Associations of producers of agricultural products, see sections 291
and 292 of this title.
Banks for cooperatives, see section 2001 et seq. of Title 12, Banks
and Banking.
Organization and development of cooperative associations, see
sections 1141, 1141b et seq. of Title 12.
07 USC 452. Supervision of division of cooperative marketing
TITLE 7 -- AGRICULTURE
The division of cooperative marketing shall be under the direction
and supervision of the Secretary of Agriculture.
(July 2, 1926, ch. 725, 2, 44 Stat. 802.)
First sentence of section, which provided that ''The Secretary of
Agriculture is hereby authorized and directed to establish a division of
cooperative marketing with suitable personnel in the Bureau of
Agricultural Economics of the Department of Agriculture or in such
bureau in the Department of Agriculture as may hereafter be concerned
with the marketing and distribution of farm products'' was omitted from
the Code as executed.
Act Aug. 6, 1953, ch. 335, 9, 67 Stat. 394, provided: ''There is
hereby transferred from the Farm Credit Administration to the
jurisdiction and control of the Secretary of Agriculture the Division of
Cooperative Marketing (by whatever name now called) authorized and
created under and by virtue of an Act of Congress of July 2, 1926
(Public, Numbered 450, Sixty-ninth Congress), entitled 'An Act to create
a Division of Cooperative Marketing in the Department of Agriculture;
to provide for the acquisition and dissemination of information
pertaining to cooperation; to promote the knowledge of cooperative
principles and practices; to provide for calling advisers to counsel
with the Secretary of Agriculture on cooperative activities; to
authorize cooperative associations to acquire, interpret, and
disseminate crop and market information, and for other purposes (this
chapter)', together with all functions pertaining to the work and
services of such Division, its personnel, property (including office
equipment), assets, funds, contracts, and records used and employed in
the execution of its functions, powers, and duties, and so much of the
unexpended balances of appropriations, allocations, and other funds
available or to be made available for salaries, expenses, and all other
administrative expenditures as the Director of the Bureau of the Budget
(now Director of the Office of Management and Budget) shall determine,
for use in the execution of the functions, powers, and duties of said
Division.''
Farmer Cooperative Service established in Department of Agriculture
Dec. 4, 1953, pursuant to Secretary's Memorandum 1320, Supp. 4, 1953,
as successor to functions of Cooperative Research and Service Division,
Farm Credit Administration.
Ex. Ord. No. 9322, Mar. 26, 1943, 8 F.R. 3807, as amended by Ex.
Ord. No. 9334, Apr. 19, 1943, 8 F.R. 5423, removed Farm Credit
Administration from Food Production Administration of Department of
Agriculture and returned it to its former status as a separate agency of
Department.
Ex. Ord. No. 9280, Dec. 5, 1942, 7 F.R. 10179, made Farm Credit
Administration a part of Food Production Administration of Department of
Agriculture.
Farm Credit Administration transferred to Department of Agriculture
by 1939 Reorg. Plan No. I, 401, 4 F.R. 2727, 53 Stat. 1423, set out
in the Appendix to Title 5, Government Organization and Employees.
Ex. Ord. No. 6084, Mar. 27, 1933, set out as a note preceding
section 2241 of Title 12, Banks and Banking, changed name of Federal
Farm Board to Farm Credit Administration and name of office of Chairman
of Federal Farm Board to Governor of Farm Credit Administration.
Ex. Ord. No. 5200, Oct. 1, 1929, transferred, eff. Oct. 1, 1929,
from Department of Agriculture to jurisdiction and control of Federal
Farm Board the whole of Division of Cooperative Marketing in Bureau of
Agricultural Economics of Department of Agriculture, all functions
pertaining to work and services of such division, its records, property,
including office equipment, personnel, and unexpended balances of
appropriation, pertaining to such work or services.
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of
Commodity Credit Corporation; and Farm Credit Administration or any
agency, officer, or entity of, under, or subject to supervision of said
Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan
No. 2, 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as
a note under section 2201 of this title.
07 USC 453. Authority and duties of division
TITLE 7 -- AGRICULTURE
(a) The division shall render service to associations of producers of
agricultural products, and federations and subsidiaries thereof, engaged
in the cooperative marketing of agricultural products, including
processing, warehousing, manufacturing, storage, the cooperative
purchasing of farm supplies, credit, financing, insurance, and other
cooperative activities.
(b) The division is authorized --
(1) To acquire, analyze, and disseminate economic, statistical, and
historical information regarding the progress, organization, and
business methods of cooperative associations in the United States and
foreign countries.
(2) To conduct studies of the economic, legal, financial, social, and
other phases of cooperation, and publish the results thereof. Such
studies shall include the analyses of the organization, operation,
financial and merchandising problems of cooperative associations.
(3) To make surveys and analyses if deemed advisable of the accounts
and business practices of representative cooperative associations upon
their request; to report to the association so surveyed the results
thereof; and with the consent of the association so surveyed to publish
summaries of the results of such surveys, together with similar facts,
for the guidance of cooperative associations and for the purpose of
assisting cooperative associations in developing methods of business and
market analysis.
(4) To confer and advise with committees or groups of producers, if
deemed advisable, that may be desirous of forming a cooperative
association and to make an economic survey and analysis of the facts
surrounding the production and marketing of the agricultural product or
products which the association, if formed, would handle or market.
(5) To acquire from all available sources information concerning crop
prospects, supply, demand, current receipts, exports, imports, and
prices of the agricultural products handled or marketed by cooperative
associations, and to employ qualified commodity marketing specialists to
summarize and analyze this information and disseminate the same among
cooperative associations and others.
(6) To promote the knowledge of cooperative principles and practices
and to cooperate, in promoting such knowledge, with educational and
marketing agencies, cooperative associations, and others.
(7) To make such special studies, in the United States and foreign
countries, and to acquire and disseminate such information and findings
as may be useful in the development and practice of cooperation.
(July 2, 1926, ch. 725, 3, 44 Stat. 802.)
07 USC 454. Advisers to counsel with Secretary of Agriculture;
expenses and subsistence
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized, in his discretion, to
call advisers to counsel with him and/or his representatives relative to
specific problems of cooperative marketing of farm products or any other
cooperative activity. Any person, other than an officer, agent, or
employee of the United States, called into conference, as provided for
in this section, may be paid actual transportation expenses and not to
exceed $10 per diem to cover subsistence and other expenses while in
conference and en route from and to his home.
(July 2, 1926, ch. 725, 4, 44 Stat. 803.)
Transfer of Division of Cooperative Marketing ''(by whatever name now
called)'' from Farm Credit Administration to Secretary of Agriculture,
by act Aug. 6, 1953, ch. 335, 9, 67 Stat. 394, see note set out
under section 452 of this title.
Farmer Cooperative Service in Department of Agriculture as successor
to functions of Cooperative Research and Service Division, Farm Credit
Administration, see note set out under section 452 of this title.
For prior transfers of functions, see notes set out under section 452
of this title.
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of
Commodity Credit Corporation; and Farm Credit Administration or any
agency, officer, or entity of, under, or subject to supervision of said
Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan
No. 2, 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as
a note under section 2201 of this title.
07 USC 455. Dissemination of crop, market, etc., information by
cooperative marketing associations
TITLE 7 -- AGRICULTURE
Persons engaged, as original producers of agricultural products, such
as farmers, planters, ranchmen, dairymen, nut or fruit growers, acting
together in associations, corporate or otherwise, in collectively
processing, preparing for market, handling, and marketing in interstate
and/or foreign commerce such products of persons so engaged, may
acquire, exchange, interpret, and disseminate past, present, and
prospective crop, market, statistical, economic, and other similar
information by direct exchange between such persons, and/or such
associations or federations thereof, and/or by and through a common
agent created or selected by them.
(July 2, 1926, ch. 725, 5, 44 Stat. 803.)
07 USC 456. Rules and regulations; appointment, removal, and
compensation of employees; expenditures; authorization of
appropriations
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may make such rules and regulations as
may be deemed advisable to carry out the provisions of this chapter 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; and may call upon any
other Federal department, board, or commission for assistance in
carrying out the purposes of this chapter; 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 expenditure for rent,
outside the District of Columbia, printing, telegrams, telephones, books
of reference, books of law, periodicals, newspapers, furniture,
stationery, office equipment, travel, and other supplies and expenses as
shall be necessary to the administration of this chapter in the District
of Columbia and elsewhere, and there is hereby authorized to be
appropriated, such sums as may be necessary after the fiscal year 1927,
for carrying out the purposes of this chapter.
(July 2, 1926, ch. 725, 6, 44 Stat. 803.)
Transfer of Division of Cooperative Marketing ''(by whatever name now
called)'' from Farm Credit Administration to Secretary of Agriculture,
by act Aug. 6, 1953, ch. 335, 9, 67 Stat. 394, see note set out
under section 452 of this title.
Farmer Cooperative Service in Department of Agriculture as successor
to functions of Cooperative Research and Service Division, Farm Credit
Administration, see note set out under section 452 of this title.
For prior transfers of functions, see notes set out under section 452
of this title.
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of
Commodity Credit Corporation; and Farm Credit Administration or any
agency, officer, or entity of, under, or subject to supervision of said
Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan
No. 2, 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as
a note under section 2201 of this title.
07 USC 457. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter is declared unconstitutional or the
applicability thereof to any person or circumstance is held invalid, the
validity of the remainder of the chapter and the applicability of such
provision to other persons and circumstances shall not be affected
thereby, and nothing contained in this chapter is intended nor shall be
construed, to modify or repeal any of the provisions of sections 291 and
292 of this title.
(July 2, 1926, ch. 725, 7, 44 Stat. 803.)
07 USC CHAPTER 19 -- COTTON STATISTICS AND ESTIMATES
TITLE 7 -- AGRICULTURE
Sec.
471. Statistics and estimates of grades and staple length of cotton;
collection and publication.
472. Information furnished of confidential character; penalty for
divulging information.
473. Persons required to furnish information; request; failure to
furnish; false information.
473a. Cotton classification services; fees for costs of services,
adjustments, surcharge, discounts, and announcement; sales of samples;
disposition of moneys.
473b. Market supply, demand, condition and prices; collection and
publication of information.
473c. Rules and regulations.
473c-1. Offenses in relation to sampling of cotton for
classification.
473c-2. Penalties for offenses relating to sampling of cotton.
473c-3. Liability of principal for act of agent.
473d. Quality tests and analyses by Secretary for breeders and
others; fees.
474. Powers of Secretary of Agriculture; appropriation.
475. Cotton crop reports.
476. Acreage reports.
07 USC 471. Statistics and estimates of grades and staple length of
cotton; collection and publication
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to collect
and publish annually, on dates to be announced by him, statistics or
estimates concerning the grades and staple length of stocks of cotton,
known as the carry-over, on hand on the 1st of August of each year in
warehouses and other establishments of every character in the
continental United States; and following such publication each year, to
publish, at intervals in his discretion, his estimate of the grades and
staple length of cotton of the then current crop: Provided, That not
less than three such estimates shall be published with respect to each
crop. In any such statistics or estimates published, the cotton which
on the date for which such statistics are published may be recognized as
tenderable on contracts of sale of cotton for future delivery under the
United States Cotton Futures Act, shall be stated separately from that
which may be untenderable under said Act.
(Mar. 3, 1927, ch. 337, 1, 44 Stat. 1372.)
The United States Cotton Futures Act, referred to in text, is part A
of act Aug. 11, 1916, ch. 313, 39 Stat. 476, which was repealed by
section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. For complete
classification of this Act to the Code prior to its repeal, see Tables.
Pub. L. 100-108, 1, Aug. 20, 1987, 101 Stat. 728, provided:
''That this Act (amending section 473a of this title and enacting
provisions set out as notes under section 473a of this title) may be
cited as the 'Uniform Cotton Classing Fees Act of 1987'.''
Act Mar. 3, 1927, which enacted sections 471 to 474 and amended
sections 475 and 476 of this title, is popularly known as the ''Cotton
Statistics and Estimates Act''.
07 USC 472. Information furnished of confidential character; penalty
for divulging information
TITLE 7 -- AGRICULTURE
The information furnished by any individual establishment under the
provisions of this chapter shall be considered as strictly confidential
and shall be used only for the statistical purpose for which it is
supplied. Any employee of the Department of Agriculture who, without
the written authority of the Secretary of Agriculture, shall publish or
communicate any information given into his possession by reason of his
employment under the provisions of this chapter shall be guilty of a
misdemeanor and shall, upon conviction thereof, be fined not less than
$300 or more than $1,000, or imprisoned for a period of not exceeding
one year, or both so fined and imprisoned, at the discretion of the
court.
(Mar. 3, 1927, ch. 337, 2, 44 Stat. 1373.)
07 USC 473. Persons required to furnish information; request;
failure to furnish; false information
TITLE 7 -- AGRICULTURE
It shall be the duty of every owner, president, treasurer, secretary,
director, or other officer or agent of any cotton warehouse, cotton
ginnery, cotton mill, or other place or establishment where cotton is
stored, whether conducted as a corporation, firm, limited partnership,
or individual, and of any owner or holder of any cotton and of the
agents and representatives of any such owner or holder, when requested
by the Secretary of Agriculture or by any special agent or other
employee of the Department of Agriculture acting under the instructions
of said Secretary to furnish completely and correctly, to the best of
his knowledge, all of the information concerning the grades and staple
length of cotton on hand, and when requested to permit such agent or
employee of the Department of Agriculture to examine and classify
samples of all such cotton on hand. The request of the Secretary of
Agriculture for such information may be made in writing or by a visiting
representative, and if made in writing shall be forwarded by registered
mail, or by certified mail and the registry receipt or receipt for
certified mail of the United States Postal Service shall be accepted as
evidence of such demand. Any owner, president, treasurer, secretary,
director, or other officer or agent of any cotton warehouse, cotton
ginnery, cotton mill, or other place or establishment where cotton is
stored, or any owner or holder of any cotton or the agent or
representative of any such owner or holder, who, under the conditions
hereinbefore stated, shall refuse or willfully neglect to furnish any
information herein provided for or shall willfully give answers that are
false or shall refuse to allow agents or employees of the Department of
Agriculture to examine or classify any cotton in store in any such
establishment, or in the hands of any owner or holder or of the agent or
representative of any such owner or holder, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than
$300 or more than $1,000.
(Mar. 3, 1927, ch. 337, 3, 44 Stat. 1373; June 11, 1960, Pub. L.
86-507, 1(3), 74 Stat. 200; Aug. 12, 1970, Pub. L. 91-375, 4(a),
6(o), 84 Stat. 773, 783.)
1960 -- Pub. L. 86-507 inserted ''or by certified mail'' after
''registered mail'', and ''or receipt for certified mail'' after
''registry receipt.''
''United States Postal Service'' substituted in text for ''Post
Office Department'' pursuant to Pub. L. 91-375, 4(a), 6(o), Aug. 12,
1970, 84 Stat. 773, 783, which are set out as notes preceding section
101 of Title 39, Postal Service, and under section 201 of Title 39,
respectively, which abolished Post Office Department, transferred its
functions to United States Postal Service, and provided that references
in other laws to Post Office Department shall be considered a reference
to United States Postal Service.
07 USC 473a. Cotton classification services; fees for costs of
services, adjustments, surcharge, discounts, and announcement; sales of
samples; disposition of moneys
TITLE 7 -- AGRICULTURE
Effective for each of fiscal years 1992 through 1996, the Secretary
of Agriculture shall make cotton classification services available to
producers of cotton and shall provide for the collection of
classification fees from participating producers, or agents who
voluntarily agree to collect and remit the fees on behalf of producers.
Such fees, together with the proceeds from the sales of samples
submitted under this section, shall cover as nearly as practicable the
cost of the services provided under this section, including
administrative and supervisory costs: Provided, That (1) the uniform
per bale classification fee to be collected from producers, or their
agents, for the classification service in any year shall be the fee
established in the previous year for the prevailing method of
classification service, exclusive of adjustments to the fee made in the
previous year under clauses (2), (3), and (4), and as may be adjusted by
the percentage change in the implicit price deflator for the gross
national product as indexed during the most recent 12-month period for
which statistics are available; (2) the fee calculated in accordance
with clause (1) for a crop year may be increased by an amount not to
exceed 1 percent for every 100,000 running bales, or portion thereof,
that the Secretary estimates will be classed by the United States
Department of Agriculture in the crop year below the level of 12,500,000
running bales, or decreased by a quantity not to exceed 1 percent for
every 100,000 running bales, or portion thereof, that the Secretary
estimates will be classed by the United States Department of Agriculture
in the crop year above the level of 12,500,000 running bales; (3)
adjustments made under clause (2) shall not exceed 15 per centum, except
when the Secretary estimates that income generated by fees, surcharges,
and other sources of income will not provide an ending accumulated
operating reserve for a fiscal year of at least 10 per centum of the
estimated cost of operating the program; (4) if the Secretary projects
an accumulated operating reserve at the end of a fiscal year of less
than 25 per centum of the estimated cost of operating the program, the
Secretary may add a special surcharge, not to exceed 5 cents per bale,
applicable to such fiscal year, to ensure sufficient funds are
available; (5) notwithstanding the previous clauses, the Secretary, to
the extent practicable, shall not establish a fee which, when combined
with all other sources of revenue and adjusted for expenses, would
result in a projected operating reserve of more than 25 per centum; (6)
the Secretary should continue to recognize that central billing and
collection can reduce administrative costs, and offer appropriate
discounts where practicable; and (7) the Secretary shall announce the
uniform classification fee and any surcharge for the crop not later than
June 1 of the year in which the fee applies. Classification services,
other than the prevailing method, provided at the request of the
producer shall not be subject to the restrictions specified in clauses
(1), (2), and (3) of the preceding sentence. All samples of cotton
submitted for classification under this section shall become the
property of the United States, and shall be sold: 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.). Any fees collected under this section and under section 473d of
this title, late payment penalties, the proceeds from the sales of
samples, and interest earned from the investment of such funds shall be
credited to the current appropriation account that incurs the cost of
services provided under this section and section 473d of this title and
shall remain available without fiscal year limitation to pay the
expenses of the Secretary incident to providing such services. 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. There are authorized to be appropriated such sums as
may be necessary to carry out the provisions of this section to the
extent that financing is not available from fees and the proceeds from
the sales of samples.
(Mar. 3, 1927, ch. 337, 3a, as added Apr. 13, 1937, ch. 75, 50 Stat.
62; amended Aug. 13, 1981, Pub. L. 97-35, title I, 156(b), 95 Stat.
373; Aug. 28, 1984, Pub. L. 98-403, 1, 98 Stat. 1479; Aug. 20, 1987,
Pub. L. 100-108, 2, 101 Stat. 728; Dec. 13, 1991, Pub. L. 102-237,
title I, 120(a)-(c), 105 Stat. 1842, 1843.)
For termination of amendment by section 120(e) of Pub. L. 102-237,
see Effective and Termination Dates of 1991 Amendment note below.
The Federal Property and Administrative Services Act of 1949,
referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as
amended. The provisions of that Act relating to management and disposal
of government property are classified to chapter 10 ( 471 et seq.) of
Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of Title 40 and Tables.
1991 -- Pub. L. 102-237, 120(c), (e), temporarily amended third
sentence generally. Prior to amendment, third sentence read as follows:
''Special classification services provided at the request of the
producer shall not be subject to the restrictions specified in clauses
(1), (2), and (3) of the preceding sentence.'' See Effective and
Termination Dates of 1991 Amendment note below.
Pub. L. 102-237, 120(b)(2), (e), temporarily added cl. (7) and
struck out former cl. (7) which read as follows: ''the Secretary shall
announce the uniform classification fee and any surcharge for the crop
not later than June 1 of the year in which the fee applies, except that
for fiscal year 1987, such announcement shall be made as soon as
practicable following enactment of this proviso.'' See Effective and
Termination Dates of 1991 Amendment note below.
Pub. L. 102-237, 120(b)(1), (e), temporarily added cls. (1) and (2)
and struck out former cls. (1) and (2) which read as follows: ''(1)
the uniform per bale classification fee to be collected from producers,
or their agents, for such classification service in any year shall be
the uniform fee collected in the previous year, exclusive of adjustments
to such fee made in the previous year under clauses (2), (3), and (4) of
this proviso, and as may be adjusted by the percentage change in the
Implicit Price Deflator for Gross National Product as indexed during the
most recent twelve-month period for which statistics are available; (2)
the fee calculated in accordance with clause (1) for a crop year may be
increased by an amount not to exceed 1 per centum for every 100,000
running bales, or portion thereof, that the Secretary estimates will be
produced in such crop year below the level of 12,500,000 running bales,
or decreased by an amount not to exceed 1 per centum for every 100,000
running bales, or portion thereof, that the Secretary estimates will be
produced in such crop year above the level of 12,500,000 running
bales;''. See Effective and Termination Dates of 1991 Amendment note
below.
Pub. L. 102-237, 120(a), (e), temporarily amended first sentence
generally. Prior to amendment, first sentence read as follows:
''Effective for the fiscal years ending September 30, 1987, September
30, 1988, September 30, 1989, September 30, 1990, September 30, 1991,
and September 30, 1992, the Secretary of Agriculture shall make cotton
classification services available to producers of cotton and shall
provide for the collection of classification fees from participating
producers, or agents who voluntarily agree to collect and remit the fees
on behalf of producers.'' See Effective and Termination Dates of 1991
Amendment note below.
1987 -- Pub. L. 100-108 temporarily amended first sentence
generally, substituting ''September 30, 1987, September 30, 1988,
September 30, 1989, September 30, 1990, September 30, 1991, and
September 30, 1992'' for ''September 30, 1985, September 30, 1986,
September 30, 1987, and September 30, 1988'' and striking out ''from''
before ''agents who voluntarily agree'', in second sentence inserted
first proviso and struck out former first proviso which read as follows:
''That (1) the uniform per bale classification fee to be collected from
producers, or their agents, for such classification service in any year
shall not exceed the uniform fee collected in the previous year by more
than the percentage increase in the Implicit Price Deflator for Gross
National Product as indexed during the most recent twelve-month period
for which official statistics are available, and (2) the uniform per
bale classification fee shall not be increased for any year if the
accumulated reserve exceeds 20 per centum of the cost of the
classification program in the previous year'', and in third sentence
substituted ''clauses (1), (2), and (3)'' for ''clauses (1) and (2)''.
See Effective and Termination Dates of 1987 Amendment note below.
1984 -- Pub. L. 98-403 substituted provisions effective for fiscal
years ending Sept. 30, 1985, 1986, 1987, and 1988, requiring the
Secretary to make classification service available to producers and to
set and collect fees for provisions establishing similar requirements
effective for fiscal years ending Sept. 30, 1982, 1983, and 1984.
1981 -- Pub. L. 97-35 substituted provisions effective for fiscal
years ending Sept. 30, 1982, 1983, and 1984, requiring the Secretary to
make classification services available to producers, and to set and
collect fees, for provisions authorizing the Secretary to determine and
make available classification procedures.
Section 120(e) of Pub. L. 102-237 provided that: ''Subsections (a),
(b), and (c), and the amendments made by subsections (a), (b), and (c)
(amending this section), shall be effective for the period beginning on
the date of enactment of this Act (Dec. 13, 1991) and ending on
September 30, 1996.''
Section 2 of Pub. L. 100-108 provided that the amendment made by
that section is effective for the period beginning Aug. 20, 1987, and
ending Sept. 30, 1992.
Section 1 of Pub. L. 98-403 provided that the amendment made by that
section is effective for the period beginning Oct. 1, 1984, and ending
Sept. 30, 1988.
Section 156(b) of Pub. L. 97-35 provided that the amendment made by
that section is effective only for the fiscal years ending Sept. 30,
1982, Sept. 30, 1983, and Sept. 30, 1984.
(Provisions of section 156 of Pub. L. 97-35 effective Oct. 1, 1981,
see section 156(e) of Pub. L. 97-35, set out as an Effective Date note
under section 61a of this title.)
Act Apr. 13, 1937, which enacted sections 473a to 473c of this
title, is popularly known as the ''Cotton Classification Act''.
Section 3 of Pub. L. 100-108, which directed Secretary of
Agriculture to conduct a study of differences between processing
efficiency and product quality for Light Spotted and White grade cottons
and also conduct a survey and research to determine why an increasing
proportion of cotton crop was being classified as Light Spotted, with an
initial report describing results of studies to be submitted not later
than Oct. 1, 1988, to Committee on Agriculture of House of
Representatives and Committee on Agriculture, Nutrition, and Forestry of
Senate, and a final report to be submitted to such committees as soon as
practicable after submission of initial report, was repealed by Pub. L.
102-237, title I, 120(d), Dec. 13, 1991, 105 Stat. 1843.
07 USC 473b. Market supply, demand, condition and prices; collection
and publication of information
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is also authorized and directed to
collect, authenticate, publish, and distribute, by telegraph, radio,
mail, or otherwise, timely information on the market supply, demand,
location, condition, and market prices for cotton, and to cause to be
prepared regularly and distributed for posting at gins, in post offices,
or in other public or conspicuous places in cotton-growing communities,
information on prices for the various grades and staple lengths of
cotton.
(Mar. 3, 1927, ch. 337, 3b, as added Apr. 13, 1937, ch. 75, 50 Stat.
62.)
07 USC 473c. Rules and regulations
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is further authorized to make such rules
and regulations as he may deem necessary to effectuate the purposes of
this chapter.
(Mar. 3, 1927, ch. 337, 3c, as added Apr. 13, 1937, ch. 75, 50 Stat.
62.)
07 USC 473c-1. Offenses in relation to sampling of cotton for
classification
TITLE 7 -- AGRICULTURE
It shall be unlawful --
(a) for any person sampling cotton for classification under this
chapter knowingly to sample cotton improperly, or to identify cotton
samples improperly, or to accept money or other consideration, directly
or indirectly, for any neglect or improper performance of duty as a
sampler;
(b) for any person to influence improperly or to attempt to influence
improperly or to forcibly assault, resist, impede, or interfere with any
sampler in the taking of samples for classification under this chapter;
(c) for any person knowingly to alter or cause to be altered a sample
taken for classification under this chapter by any means such as
trimming, peeling, or dressing the sample, or by removing any leaf,
trash, dust, or other material from the sample for the purpose of
misrepresenting the actual quality of the bale from which the sample was
taken;
(d) for any person knowingly to cause, or attempt to cause, the
issuance of a false or misleading certificate or memorandum of
classification under this chapter by deceptive baling, handling, or
sampling of cotton, or by any other means, or by submitting samples of
such cotton for classification knowing that the cotton has been so
baled, handled, or sampled;
(e) for any person knowingly to submit more than one sample from the
same bale of cotton for classification under this chapter, except a
second sample submitted for review classification;
(f) for any person knowingly to operate or adjust a mechanical cotton
sampler in such a manner that a representative sample is not drawn from
each bale; and
(g) for any person knowingly to violate any regulation of the
Secretary of Agriculture relating to the sampling of cotton made
pursuant to section 473c of this title.
(Mar. 3, 1927, ch. 337, 3c-1, as added July 5, 1960, Pub. L.
86-588, 74 Stat. 328.)
07 USC 473c-2. Penalties for offenses relating to sampling of cotton
TITLE 7 -- AGRICULTURE
Any person violating any provision of section 473c-1 of this title
shall be guilty of a misdemeanor and upon conviction thereof shall be
fined not more than $1,000, or imprisoned not more than one year, or
both.
(Mar. 3, 1927, ch. 337, 3c-2, as added July 5, 1960, Pub. L.
86-588, 74 Stat. 329.)
07 USC 473c-3. Liability of principal for act of agent
TITLE 7 -- AGRICULTURE
In construing and enforcing the provisions of this chapter, the act,
omission, or failure of any agent, officer, or other person acting for
or employed by an individual, association, partnership, corporation, or
firm, within the scope of his employment or office, shall be deemed to
be the act, omission, or failure of the individual, association,
partnership, corporation, or firm, as well as that of the person.
(Mar. 3, 1927, ch. 337, 3c-3, as added July 5, 1960, Pub. L.
86-588, 74 Stat. 329.)
07 USC 473d. Quality tests and analyses by Secretary for breeders and
others; fees
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to make analyses of fiber
properties, spinning tests, and other tests of the quality of cotton
samples submitted to him by cotton breeders and other persons, subject
to such terms and conditions and to the payment by such cotton breeders
and other persons of such fees as he may prescribe by regulations under
this chapter. The fees to be assessed hereunder shall be reasonable,
and, as nearly as may be, to cover the cost of the service rendered.
(Mar. 3, 1927, ch. 337, 3d, as added Apr. 7, 1941, ch. 42, 55 Stat.
131.)
07 USC 474. Powers of Secretary of Agriculture; appropriation
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture 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;
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 the purchase of samples of cotton, for rent
outside the District of Columbia, printing, telegrams, telephones, books
of reference, periodicals, furniture, stationery, office equipment,
travel, and other supplies and expenses as shall be necessary to the
administration of this chapter in the District of Columbia and elsewhere
and there are authorized to be appropriated, out of any moneys in the
Treasury not otherwise appropriated such sums as may be necessary for
such purposes.
(Mar. 3, 1927, ch. 337, 4, 44 Stat. 1373.)
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 475. Cotton crop reports
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall cause to be issued as of the first
of each month during the cotton growing and harvesting season from
August to January inclusive, reports describing the condition and
progress of the crop and stating the probable number of bales which will
be ginned, these reports to be issued simultaneously with the cotton
ginning reports of the Bureau of the Census relating to the same dates,
the two reports to be issued from the same place at 3 o'clock
postmeridian on or before the 12th day of the month to which the
respective reports relate. No such report shall be approved and
released by the Secretary of Agriculture until it shall have been passed
upon by a cotton crop reporting board consisting of five members or more
to be designated by him. Not less than three members of the board shall
be supervisory field statisticians of the Department of Agriculture who
are located in different sections of the cotton-growing States, are
experienced in estimating cotton production, and have first-hand
knowledge of the condition of the cotton crop based upon recent field
observations. A majority of the members of the board shall be familiar
with the methods and practices of producing cotton.
(May 3, 1924, ch. 149, 1, 43 Stat. 115; Mar. 3, 1927, ch. 337, 5,
44 Stat. 1373; Aug. 8, 1946, ch. 909, 60 Stat. 940; May 29, 1958, Pub.
L. 85-430, 2, 72 Stat. 149; June 30, 1972, Pub. L. 92-331, 1, 86
Stat. 400.)
Section was not enacted as part of the Cotton Statistics and
Estimates Act which enacted sections 471 to 474 of this title and
amended sections 475 and 476 of this title.
Section was formerly classified to section 413 of this title.
1972 -- Pub. L. 92-331 substituted ''January'' for ''December'',
substituted provisions requiring the two reports to be issued from the
same place at 3 o'clock postmeridian on or before the 12th day of the
month to which the respective reports relate for provisions requiring
the two reports to be issued from the same place at 11 o'clock
antemeridian on the 8th day following that on which the respective
reports relate, struck out provisions setting forth the date of release
in the event the original release date falls on a Sunday, legal holiday,
or other nonworkday in the Department of Agriculture at Washington, and
struck out reference to cotton-crop reporting committee.
1958 -- Pub. L. 85-430 struck out provisions which required
Secretary of Agriculture to discontinue making his reports based upon
farmers' intention to plant cotton.
1946 -- Act Aug. 8, 1946, provided for issuing of releases on next
succeeding workday following any day which pursuant to an Executive
order or statute is a nonworkday in addition to same provision relating
to Sundays and legal holidays.
1927 -- Act Mar. 3, 1927, provided for monthly instead of
semimonthly publication of cotton crop reports.
Functions of all other officers of Department of Commerce and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Secretary of Commerce, with power vested in
him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by 1950
Reorg. Plan No. 5, 1, 2, 64 Stat. 1263, set out in the Appendix to
Title 5, Government Organization and Employees. Bureau of the Census,
referred to in this section, is a bureau of Department of Commerce.
07 USC 476. Acreage reports
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall cause to be issued a report on or
before the 12th day of July of each year showing by States and in toto
the estimated acreage of cotton planted, to be followed on or before the
12th day of August with an estimate of the acreage for harvest and on or
before the 12th day of December with an estimate of the harvested
acreage.
(May 27, 1912, ch. 135, 1, 37 Stat. 118; Mar. 3, 1927, ch. 337, 6,
44 Stat. 1374; May 29, 1958, Pub. L. 85-430, 1, 72 Stat. 149; June
30, 1972, Pub. L. 92-331, 2, 86 Stat. 400.)
Section was not enacted as part of the Cotton Statistics and
Estimates Act which enacted sections 471 to 474 of this title and
amended sections 475 and 476 of this title.
Section was formerly classified to section 412 of this title.
1972 -- Pub. L. 92-331 substituted ''12th'' for ''10th'', ''on or
before the 12th day of August'' for ''on August 1'', and ''on or before
the 12th day of December'' for ''on December 1''.
1958 -- Pub. L. 85-430 substituted provisions requiring report to
show estimated acreage of cotton planted, to be followed with an
estimate of acreage for harvest and an estimate of harvested acreage for
provisions which required report to show number of acres of cotton in
cultivation on July 1 of each year, followed with an estimate of acreage
of cotton abandoned since July 1.
1927 -- Act Mar. 3, 1927, struck out ''Bureau of Statistics of the
Department of Agriculture'', substituted ''on or before the 10th day of
July'' for ''on or about the first Monday in July'' and inserted ''on
July 1, to be followed on September 1 and December 1 with an estimate of
the acreage of cotton abandoned since July 1'' after ''cultivation''.
07 USC CHAPTER 20 -- DUMPING OR DESTRUCTION OF INTERSTATE PRODUCE
TITLE 7 -- AGRICULTURE
Sec.
491. Destruction or dumping of farm produce received in interstate
commerce by commission merchants, etc.; penalty.
492. Repealed.
493. Enforcement of provisions; prosecution of cases.
494. Rules and regulations; cooperation with States, etc., officers
and employees; expenditures.
495. Authorization of appropriations.
496. Validity of other statutes dealing with same subject.
497. Separability.
07 USC 491. Destruction or dumping of farm produce received in
interstate commerce by commission merchants, etc.; penalty
TITLE 7 -- AGRICULTURE
After June 30, 1927, any person, firm, association, or corporation
receiving any fruits, vegetables, melons, dairy, or poultry products or
any perishable farm products of any kind or character, hereinafter
referred to as produce, in interstate commerce, or in the District of
Columbia, for or on behalf of another, who without good and sufficient
cause therefor shall destroy or abandon, discard as refuse or dump any
produce directly or indirectly or through collusion with any person, or
who shall knowingly and with intent to defraud make any false report or
statement to the person, firm, association, or corporation from whom any
produce was received, concerning the handling, condition, quality,
quantity, sale, or disposition thereof or who shall knowingly and with
intent to defraud fail truly and correctly to account therefor shall be
guilty of a misdemeanor and upon conviction shall be punished by a fine
of not less than $100 and not more than $3,000, or by imprisonment for a
period of not exceeding one year, or both, at the discretion of the
court.
(Mar. 3, 1927, ch. 309, 1, 44 Stat. 1355.)
Section constitutes part of section 1 of act Mar. 3, 1927.
Remainder of section 1 was classified to section 492 of this title.
Unfair conduct by commission merchants, see section 499b of this
title.
07 USC 492. Repealed. Aug. 9, 1955, ch. 632, 2, 69 Stat. 553
TITLE 7 -- AGRICULTURE
Section, act Mar. 3, 1927, ch. 309, 1, 44 Stat. 1355, related to
investigation of quality and condition of produce received in interstate
commerce. See section 1622(h) of this title.
07 USC 493. Enforcement of provisions; prosecution of cases
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to enforce
this chapter. It is made the duty of all United States attorneys to
prosecute cases arising under this chapter, subject to the supervision
and control of the Department of Justice.
(Mar. 3, 1927, ch. 309, 2, 44 Stat. 1355.)
Supervision of United States attorneys by Attorney General, see
section 519 of Title 28, Judiciary and Judicial Procedure.
07 USC 494. Rules and regulations; cooperation with States, etc.,
officers and employees; expenditures
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may make such rules and regulations as
he may deem advisable to carry out the provisions of this chapter 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; and may call upon any
Federal department, board, or commission for assistance in carrying out
the purposes of this chapter; 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 expenditure for rent, outside
the District of Columbia, printing, telegrams, telephones, books of
reference, books of law, periodicals, newspapers, furniture, stationery,
office equipment, travel, and other supplies and expenses as shall be
deemed necessary to the administration of this chapter in the District
of Columbia and elsewhere.
(Mar. 3, 1927, ch. 309, 3, 44 Stat. 1355.)
Section constitutes part of section 3 of act Mar. 3, 1927.
Remainder of section 3 is classified to sections 495 and 496 of this
title.
07 USC 495. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated, out of any moneys in the
Treasury not otherwise appropriated, such sums as may be necessary after
the fiscal year beginning July 1, 1927 to carry out the purposes of this
chapter.
(Mar. 3, 1927, ch. 309, 3, 44 Stat. 1355.)
Section constitutes part of section 3 of act Mar. 3, 1927.
Remainder of section 3 is classified to sections 494 and 496 of this
title.
07 USC 496. Validity of other statutes dealing with same subject
TITLE 7 -- AGRICULTURE
This chapter shall not abrogate nor nullify any other statute,
whether State or Federal, dealing with the same subjects as this
chapter, but it is intended that all such statutes shall remain in full
force and effect, except insofar only as they are inconsistent herewith
or repugnant hereto.
(Mar. 3, 1927, ch. 309, 3, 44 Stat. 1355.)
Section constitutes part of section 3 of act Mar. 3, 1927.
Remainder of section 3 is classified to sections 494 and 495 of this
title.
07 USC 497. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter is declared unconstitutional or the
applicability thereof to any person or circumstance is held invalid, the
validity of the remainder of the chapter and the applicability of such
provisions to other persons and circumstances shall not be affected
thereby.
(Mar. 3, 1927, ch. 309, 4, 44 Stat. 1356.)
07 USC CHAPTER 20A -- PERISHABLE AGRICULTURAL COMMODITIES
TITLE 7 -- AGRICULTURE
Sec.
499a. Short title and definitions.
(a) Short title.
(b) Definitions.
499b. Unfair conduct.
499b-1. Products produced in distinct geographic areas.
(a) In general.
(b) Penalties.
(c) Reimbursement.
(d) Prohibition.
(e) Regulations.
499c. Licenses
(a) By whom license required, penalty for failure to obtain.
(b) Application; fees; creation and limitation of Perishable
Agricultural Commodities Act Fund; availability of fund for
administrative expenses; budget requirements; notice of increase in
annual fee; filing of views and objections to increase.
(c) Trade names; disapproval by Secretary; suspension of license
for use of disapproved name; refusal of license for deceptive,
misleading, or confusing name.
499d. Issuance of license.
(a) Authority to do business; termination; renewal.
(b) Refusal of license; grounds.
(c) Issuance of license upon furnishing bond; issuance after three
years without bond; effect of termination of bond; increase or
decrease in amount; payment of increase.
(d) Withholding license pending investigation.
(e) Refusal of license.
499e. Liability to persons injured.
(a) Amount of damages.
(b) Remedies.
(c) Trust on commodities and sales proceeds for benefit of unpaid
suppliers, sellers, or agents; preservation of trust; jurisdiction of
courts.
499f. Complaint and investigation.
(a) Petition to Secretary of Agriculture; time of making; contents;
service; answer.
(b) Complaint to Secretary requesting investigation of violations;
by whom made.
(c) Service of complaint; hearing.
(d) Determination by Secretary of violations.
(e) Complaints by nonresidents; bond for costs and fees.
499g. Reparation order.
(a) Determination by Secretary of Agriculture of amount of damages;
order for payment.
(b) Failure to comply with order of Secretary; suit to enforce
liability; order as evidence; costs and fees.
(c) Appeal from reparation order; proceedings.
(d) Suspension of license for failure to obey reparation order or
appeal.
499h. Grounds for suspension or revocation of license.
(a) Authority of Secretary.
(b) Unlawful employment of certain persons; restrictions; bond
assuring compliance; approval of employment without bond; change in
amount of bond; payment of increased amount; penalties.
(c) Fraud in procurement.
(d) Injunction.
499i. Accounts, records, and memoranda; duty of licensees to keep;
contents; suspension of license for violation of duty.
499j. Orders; effective date; continuance in force; suspension,
modification and setting aside; penalty.
499k. Injunctions; application of injunction laws governing orders
of Interstate Commerce Commission.
499l. Violations; report to Attorney General; proceedings; costs.
499m. Complaints; procedure, penalties, etc.
(a) Investigation by Secretary of Agriculture; inspection of
accounts, records, and memoranda; penalty for refusing inspection.
(b) Inspection of records; surety bond; suspension of license.
(c) Hearings; subpoenas; oaths; witnesses; evidence.
(d) Disobedience to subpoenas; remedy; contempt.
(e) Depositions; production of accounts, records and memoranda.
(f) Fees and mileage of witnesses.
499n. Inspection of perishable agricultural commodities.
(a) Employment of inspectors; fees and expenses; inspection
certificate as evidence.
(b) Issuance of fraudulent certificates; penalties.
499o. Rules, regulations, and orders; appointment, removal, and
compensation of officers and employees; expenditures; authorization of
appropriations; abrogation of inconsistent statutes.
499p. Liability of licensees for acts and omissions of agents.
499q. Separability.
499r. Repealed.
499s. Depositing appropriations in fund.
499t. Omitted.
07 USC 499a. Short title and definitions
TITLE 7 -- AGRICULTURE
(a) Short title
This chapter may be cited as the ''Perishable Agricultural
Commodities Act, 1930''.
(b) Definitions
For purposes of this chapter:
(1) The term ''person'' includes individuals, partnerships,
corporations, and associations.
(2) The term ''Secretary'' means the Secretary of Agriculture.
(3) The term ''interstate or foreign commerce'' means commerce
between any State or Territory, or the District of Columbia and any
place outside thereof; or between points within the same State or
Territory, or the District of Columbia but through any place outside
thereof. or within the District of Columbia.
(4) The term ''perishable agricultural commodity'' --
(A) Means any of the following, whether or not frozen or packed in
ice: Fresh fruits and fresh vegetables of every kind and character;
and
(B) Includes cherries in brine as defined by the Secretary in
accordance with trade usages.
(5) The term ''commission merchant'' 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.
(6) The term ''dealer'' means any person engaged in the business of
buying or selling in wholesale or jobbing quantities, as defined by the
Secretary, any perishable agricultural commodity in interstate or
foreign commerce, except that (A) no producer shall be considered as a
''dealer'' in respect to sales of any such commodity of his own raising;
(B) no person buying any such commodity solely for sale at retail shall
be considered as a ''dealer'' until the invoice cost of his purchases of
perishable agricultural commodities in any calendar year are in excess
of $230,000; and (C) no person buying any commodity other than potatoes
for canning and/or processing within the State where grown shall be
considered a ''dealer'' whether or not the canned or processed product
is to be shipped in interstate or foreign commerce, unless such product
is frozen or packed in ice, or consists of cherries in brine, within the
meaning of paragraph (4) of this section. Any person not considered as
a ''dealer'' under clauses (A), (B), and (C) may elect to secure a
license under the provisions of section 499c of this title, and in such
case and while the license is in effect such person shall be considered
as a ''dealer''.
(7) The term ''broker'' 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, except that no person shall be deemed to be a
''broker'' if such person is an independent agent negotiating sales for
and on behalf of the vendor and if the only sales of such commodities
negotiated by such person are sales of frozen fruits and vegetables
having an invoice value not in excess of $230,000 in any calendar year.
(8) A transaction in respect of any perishable agricultural commodity
shall be considered in interstate or foreign commerce if such commodity
is part of that current of commerce usual in the trade in that commodity
whereby such commodity and/or the products of such commodity are sent
from one State with the expectation that they will end their transit,
after purchase, in another, including, in addition to cases within the
above general description, all cases where sale is either for shipment
to another State, or for processing within the State and the shipment
outside the State of the products resulting from such processing.
Commodities normally in such current of commerce shall not be considered
out of such commerce through resort being had to any means or device
intended to remove transactions in respect thereto from the provisions
of this chapter.
(9) The term ''responsibly connected'' means affiliated or connected
with a commission merchant, dealer, or broker as (A) partner in a
partnership, or (B) officer, director, or holder of more than 10 per
centum of the outstanding stock of a corporation or association.
(10) The terms ''employ'' and ''employment'' mean any affiliation of
any person with the business operations of a licensee, with or without
compensation, including ownership or self-employment.
(June 10, 1930, ch. 436, 1, 46 Stat. 531; Apr. 13, 1934, ch. 120,
1, 48 Stat. 584; Aug. 20, 1937, ch. 719, 1, 50 Stat. 725; June 29,
1940, ch. 456, 1, 2, 54 Stat. 696; Oct. 1, 1962, Pub. L. 87-725,
1, 2, 76 Stat. 673; Nov. 4, 1969, Pub. L. 91-107, 1, 2, 83 Stat. 182;
Nov. 1, 1978, Pub. L. 95-562, 1, 92 Stat. 2381; Dec. 22, 1981, Pub.
L. 97-98, title XI, 1115(a), 95 Stat. 1269; Dec. 13, 1991, Pub. L.
102-237, title X, 1011(1), 105 Stat. 1898.)
Section was formerly classified to section 551 of this title.
1991 -- Pub. L. 102-237 inserted section catchline, added subsec.
(a), designated existing provisions as subsec. (b), and in subsec.
(b), inserted heading, substituted ''For purposes of this chapter:'' for
''When used in this chapter -- '' and periods for semicolons at the end
of pars. (1) to (6) and (9).
1981 -- Pars. (6), (7). Pub. L. 97-98 substituted ''$230,000'' for
''$200,000''.
1978 -- Par. (6)(B). Pub. L. 95-562, 1(a)(1), substituted
''$200,000'' for ''$100,000''.
Par. (6)(C). Pub. L. 95-562, 1(b), inserted ''other than potatoes''
after ''commodity''.
Par. (7). Pub. L. 95-562, 1(a)(2), substituted ''$200,000'' for
''$100,000''.
1969 -- Par. (6)(B). Pub. L. 91-107, 1, substituted ''$100,000''
for ''$90,000''.
Par. (7). Pub. L. 91-107, 2, substituted ''$100,000'' for
''$90,000''.
1962 -- Par. (6). Pub. L. 87-725, 1, substituted ''wholesale or
jobbing quantities'' for ''carloads'', the requirement that the dealer's
invoice cost of his purchases in any calendar year exceed $90,000 for
the requirement that his purchases in such year exceed 20 carloads, and
struck out definition of ''in carloads''.
Par. (7). Pub. L. 87-725, 1, excluded from definition of ''broker'',
persons who are independent agents negotiating sales for vendors and
whose sales are of frozen fruits and vegetables having an invoice value
not exceeding $90,000 in any calendar year.
Pars. (9), (10). Pub. L. 87-725, 2, added pars. (9) and (10).
1940 -- Par. (4). Act June 29, 1940, 1, designated existing
provisions as cl. (A) and added cl. (B).
Par. (6)(C). Act June 29, 1940, 2, inserted '', or consists of
cherries in brine,'' after ''ice''.
1937 -- Par. (6)(C). Act Aug. 20, 1937, inserted ''unless such
product is frozen or packed in ice within the meaning of paragraph 4 of
this section'' after ''foreign commerce''.
1934 -- Par. (6)(C). Act Apr. 13, 1934, added cl. (C).
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Section 1(a) of Pub. L. 95-562 provided that the amendment made by
that section is effective Jan. 1, 1979.
Pub. L. 101-624, title XIII, 1301-1305, Nov. 28, 1990, 104 Stat.
3559, 3560, provided that:
''SEC. 1301. FINDINGS.
''Congress finds that --
''(1) fruits, vegetables, and specialty crops are a vital and
important source of nutrition for the general health and welfare of the
people of the United States; and
''(2) fruits and vegetables are recommended as an essential part of a
healthy, nutritious diet by numerous health officials and organizations
including the Surgeon General of the United States; the National
Institutes of Health; the National Cancer Institute; the American
Heart Association; the Committee on Diet, Nutrition and Cancer of the
National Academy of Sciences; the Department of Agriculture; and the
Department of Health and Human Services.
''SEC. 1302. PURPOSES.
''The purposes of this subtitle (subtitle A ( 1301-1309) of Pub. L.
101-624, enacting section 499b-1 of this title, amending sections 608c
and 608e-1 of this title, and enacting this note) are to --
''(1) improve the Nation's dietary and nutritional standards by
promoting domestically produced wholesome and nutritious fruit and
vegetable products;
''(2) increase the public awareness as to the difficulties domestic
producers experience regarding the production, harvesting, and marketing
of these products; and
''(3) aid in the development of new technology and techniques that
will assist domestic producers in meeting the challenges of increased
demands for fruit and vegetable products in the future.
''SEC. 1303. DECLARATION.
''Congress declares that the domestic production of fruits and
vegetables is an integral part of this Nation's farm policy.
''SEC. 1304. STUDY OF THE FRUIT AND VEGETABLE INDUSTRY.
''(a) Study. --
''(1) In general. -- The Secretary of Agriculture shall conduct a
study to determine the state of the domestic fruit and vegetable
industry. In conducting such study, the Secretary of Agriculture shall
consult with such agencies or departments, as determined necessary by
the Secretary of Agriculture, including the Environmental Protection
Agency, the Department of Health and Human Services, the Department of
Commerce, the Department of Labor, and the Department of Education.
''(2) Contents. -- The study conducted under paragraph (1) shall
include --
''(A) a review of the availability of an adequate labor supply for
maintaining and harvesting of fruits and vegetables;
''(B) a review of the availability of crop insurance or disaster
assistance for fruit and vegetable producers;
''(C) a review of scientific and technological advances in the areas
of genetics, biotechnology, integrated pest management, post harvest
protection, and other scientific developments related to the production
and marketing of fruits and vegetables;
''(D) an examination of the availability of safe and effective
chemicals for use in the production of fruits and vegetables, and an
evaluation of the value of national uniformity to both consumers and
producers;
''(E) a review of the requirements and cost of labeling fruits and
vegetables in the industry, and the benefits that would result from the
labeling of such products; and
''(F) a review of Federal educational programs that teach the
importance of fruits and vegetables to a proper diet.
''(b) Report. -- Not later than 18 months after the date of enactment
of this title (Nov. 28, 1990), the Secretary of Agriculture shall
prepare and submit, to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a report containing the results of the study
described in subsection (a). Such report shall include --
''(1) the recommendations of the Secretary concerning the manner in
which producers of domestic fruit and vegetable commodities that are not
receiving assistance under the programs that provide market enhancement
assistance (such as the export enhancement program under subtitle B of
title XI of the Food Security Act of 1985 (7 U.S.C. 1736p et seq.) to
producers of domestic fruit and vegetable commodities, could participate
in such programs; and
''(2) the recommendations to the Secretary concerning the
establishment of additional programs of the type described in paragraph
(1) to assist producers of domestic fruit and vegetable commodities in
increasing their production and in expanding domestic and foreign
markets for the products of such producers.
''SEC. 1305. COUNTRY OF ORIGIN LABELING PROGRAMS.
''(a) Grown in the U.S. Program. -- The Secretary of Agriculture
(hereafter referred to in this section as the 'Secretary') shall
implement a program defining the conditions under which non-perishable
agricultural products may be designated as 'grown in the U.S.'.
''(b) Pilot Program. --
''(1) In general. -- The Secretary shall implement a 2-year pilot
program during which time perishable agricultural products (fresh fruits
and vegetables) are labeled or marked as to their country of origin.
This program shall be conducted nationwide. After the 2-year period,
the Secretary shall conduct a study to determine the results of the
program. The Secretary shall submit to the Congress the results of the
study within 18 months from the date of completion of the program.
''(2) Details of the pilot program. --
''(A) Designation of country of origin. -- The program shall require
that the country of origin of perishable agricultural products be
indicated on any such products or on the package, display, holding unit,
or bin by means of a label, stamp, mark, placard, or other clear and
visible indication at the point of sale by any commission merchant,
dealer, broker, or grocer. A sign near the products shall be an
acceptable indication of the country of origin.
''(B) Application of program. --
''(i) Imported and domestic products. -- The program shall apply to
imported and domestic perishable agricultural products (including fresh
fruits and vegetables).
''(ii) Imported perishable agricultural products. -- The labeling
program shall apply to imported perishable agricultural products that
enter the United States marked as to the country of origin and that are
in compliance with section 304(a) of the Tariff Act of 1930 (19 U.S.C.
1304(a)).
''(C) Exemptions. -- The Secretary may provide for exemptions for
products that are exempted, under section 304(a)(3)(J) of the Tariff Act
of 1930, from the country of origin marking requirements of that Act (19
U.S.C. 1202 et seq.).
''(c) Authorization of Appropriations. -- There are authorized to be
appropriated such sums as are necessary to carry out this section.''
Section 1(b) of Pub. L. 95-562 provided in part that no person
buying potatoes for processing solely within the State where grown shall
be deemed or considered to be a dealer under par. (6) of this section
as amended by section 1(b) of Pub. L. 95-562 until Jan. 1, 1982.
07 USC 499b. Unfair conduct
TITLE 7 -- AGRICULTURE
It shall be unlawful in or in connection with any transaction in
interstate or foreign commerce --
(1) For any commission merchant, dealer, or broker to engage in or
use any unfair, unreasonable, discriminatory, or deceptive practice in
connection with the weighing, counting, or in any way determining the
quantity of any perishable agricultural commodity received, bought,
sold, shipped, or handled in interstate or foreign commerce;
(2) For any dealer to reject or fail to deliver in accordance with
the terms of the contract without reasonable cause any perishable
agricultural commodity bought or sold or contracted to be bought, sold,
or consigned in interstate or foreign commerce by such dealer;
(3) For any commission merchant to discard, dump, or destroy without
reasonable cause, any perishable agricultural commodity received by such
commission merchant in interstate or foreign commerce;
(4) For any commission merchant, dealer, or broker to make, for a
fraudulent purpose, any false or misleading statement in connection with
any transaction involving any perishable agricultural commodity which is
received in interstate or foreign commerce by such commission merchant,
or bought or sold, or contracted to be bought, sold, or consigned, in
such commerce by such dealer, or the purchase or sale of which in such
commerce is negotiated by such broker; or to fail or refuse truly and
correctly to account and make full payment promptly in respect of any
transaction in any such commodity to the person with whom such
transaction is had; or to fail, without reasonable cause, to perform
any specification or duty, express or implied, arising out of any
undertaking in connection with any such transaction; or to fail to
maintain the trust as required under section 499e(c) of this title;
(5) For any commission merchant, dealer, or broker to misrepresent by
word, act, mark, stencil, label, statement, or deed, the character,
kind, grade, quality, quantity, size, pack, weight, condition, degree of
maturity, or State, country, or region of origin of any perishable
agricultural commodity received, shipped, sold, or offered to be sold in
interstate or foreign commerce: Provided, That any commission merchant,
dealer, or broker who has violated --
(A) any provision of this paragraph may, with the consent of the
Secretary, admit the violation or violations; or
(B) any provision of this paragraph relating to a misrepresentation
by mark, stencil, or label shall be permitted by the Secretary to admit
the violation or violations if such violation or violations are not
repeated or flagrant;
and pay, in the case of a violation under either clause (A) or (B) of
this paragraph, a monetary penalty not to exceed $2,000 in lieu of a
formal proceeding for the suspension or revocation of license, any
payment so made to be deposited into the Treasury of the United States
as miscellaneous receipts;
(6) For any commission merchant, dealer, or broker, for a fraudulent
purpose, to remove, alter, or tamper with any card, stencil, stamp, tag,
or other notice placed upon any container or railroad car containing any
perishable agricultural commodity, if such card, stencil, stamp, tag, or
other notice contains a certificate or statement under authority of any
Federal or State inspector or in compliance with any Federal or State
law or regulation as to the grade or quality of the commodity contained
in such container or railroad car or the State or country in which such
commodity was produced;
(7) For any commission merchant, dealer or broker, without the
consent of an inspector, to make, cause, or permit to be made any change
by way of substitution or otherwise in the contents of a load or lot of
any perishable agricultural commodity after it has been officially
inspected for grading and certification, but this shall not prohibit
re-sorting and discarding inferior produce.
(June 10, 1930, ch. 436, 2, 46 Stat. 532; Apr. 13, 1934, ch. 120,
2, 3, 48 Stat. 585; June 19, 1936, ch. 602, 1, 49 Stat. 1533; Aug.
20, 1937, ch. 719, 2-4, 50 Stat. 725, 726; June 29, 1940, ch. 456,
3, 4, 54 Stat. 696; Apr. 6, 1942, ch. 211, 56 Stat. 200; July 30,
1956, ch. 786, 1, 70 Stat. 726; Aug. 10, 1974, Pub. L. 93-369, 88
Stat. 423; Oct. 18, 1982, Pub. L. 97-352, 1, 96 Stat. 1667; May 7,
1984, Pub. L. 98-273, 2, 98 Stat. 166.)
Section was formerly classified to section 552 of this title.
1984 -- Par. (4). Pub. L. 98-273 inserted ''or to fail to maintain
the trust as required under section 499e(c) of this title;''.
1982 -- Par. (5). Pub. L. 97-352 substituted ''Provided, That any
commission merchant, dealer, or broker who has violated (A) any
provision of this paragraph may, with the consent of the Secretary,
admit the violation or violations; or (B) any provision of this
paragraph relating to a misrepresentation by mark, stencil, or label
shall be permitted by the Secretary to admit the violation or violations
if such violation or violations are not repeated or flagrant; and pay,
in the case of a violation under either clause (A) or (B) of this
paragraph,'' for ''Provided, That any commission merchant, dealer, or
broker who has violated this paragraph may, with the consent of the
Secretary, admit the violation or violations and pay''.
1974 -- Par. (5). Pub. L. 93-369 inserted proviso for consent
admission of violations, payment of monetary penalty not in excess of
$2,000 in lieu of formal proceedings for suspension or revocation of
license, and for deposit of the payments into the Treasury of the United
States as miscellaneous receipts.
1956 -- Par. (5). Act July 30, 1956, struck out ''for a fraudulent
purpose'' after ''broker'', and included misrepresentation of region of
origin.
1942 -- Par. (4). Act Apr. 6, 1942, inserted ''and make full
payment'' and ''or to fail, without reasonable cause, to perform any
specification or duty, express or implied, arising out of any
undertaking in connection with any such transaction''.
1940 -- Par. (1). Act June 29, 1940, 3, among other changes,
inserted ''dealer'' after ''merchant''.
Par. (5). Act June 29, 1940, inserted ''quantity, size, pack,
weight'' after ''quality''.
1937 -- Par. (5). Act Aug. 20, 1937, 2, among other changes,
inserted ''mark, stencil, label, statement'' after ''act'' and ''the
character, kind, grade, quality, condition, degree of maturity'' after
''or deed''.
Par. (6). Act Aug. 20, 1937, 3, inserted ''or in compliance with
any Federal or State law or regulation'' after ''inspector''.
Par. (7). Act Aug. 20, 1937, 4, added par. (7).
1936 -- Par. (4). Act June 17, 1936, struck out ''or concerning the
condition of the market for'' after ''involving''.
1934 -- Par. (2). Act Apr. 13, 1934, 2, inserted ''or consigned''
after ''sold''.
Par. (4). Act Apr. 13, 1934, 3, substituted ''in connection with
any transaction involving or concerning'' for ''concerning the
condition, quality, quantity or disposition of'' and inserted ''or
consigned'' after ''contracted to be bought or sold''.
Destruction or dumping of farm products received in interstate
commerce by commission merchants, see section 491 of this title.
07 USC 499b-1. Products produced in distinct geographic areas
TITLE 7 -- AGRICULTURE
(a) In general
In the case of a perishable agricultural commodity (as defined under
the Perishable Agricultural Commodity Act (7 U.S.C. 499a(4)) -- /1/
(1) subject to a Federal marketing order under the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.);
(2) traditionally identified as being produced in a distinct
geographic area, State, or region; and
(3) the unique identity, based on such distinct geographic area, of
which has been promoted with funds collected through producer
contributions pursuant to such marketing order,
no person may use the unique name or geographical designation of such
commodity to promote the sale of a similar commodity produced outside
such area, State, or region.
(b) Penalties
A violation of this section shall be considered a violation of
paragraphs (4) and (5) of section 2 of the Perishable Agricultural
Commodities Act (7 U.S.C. 499b(4) and (5)).
(c) Reimbursement
A person bringing a complaint under this section shall reimburse the
Secretary of Agriculture for any and all costs associated with the
enforcement of this section.
(d) Prohibition
The Secretary of Agriculture shall not increase any fees charged
under the Perishable Agricultural Commodities Act (7 U.S.C. 499a et
seq.) to offset costs associated with the operation of this section.
(e) Regulations
The Secretary shall promulgate regulations to carry out this section.
(Pub. L. 101-624, title XIII, 1309, Nov. 28, 1990, 104 Stat. 3562.)
The Perishable Agricultural Commodity Act, and the Perishable
Agricultural Commodities Act, referred to in subsecs. (a), (b), and
(d), probably mean the Perishable Agricultural Commodities Act, 1930,
act June 10, 1930, ch. 436, 46 Stat. 531, as amended, which is
classified generally to this chapter ( 499a et seq.). For complete
classification of this Act to the Code, see section 499a(a) of this
title and Tables.
7 U.S.C. 499a(4), referred to in subsec. (a), was redesignated 7
U.S.C. 499a(b)(4) by Pub. L. 102-237, title X, 1011(1)(A), Dec. 13,
1991, 105 Stat. 1898.
The Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.), referred to in subsec. (a)(1), is act June 3, 1937, ch. 296, 50
Stat. 246, as amended, which is classified principally to chapter 26A (
671 et seq.) of this title. For complete classification of this Act to
the Code, see section 674 of this title and Tables. The Agricultural
Marketing Agreement Act of 1937 reenacted and amended the Agricultural
Adjustment Act, title I of act May 12, 1933, ch. 25, 48 Stat. 31, as
amended, which is classified generally to chapter 26 ( 601 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 601 of this title and Tables.
Section was enacted as part of the Food, Agriculture, Conservation,
and Trade Act of 1990, and not as part of the Perishable Agricultural
Commodities Act, 1930 which comprises this chapter.
/1/ See References in Text note below.
07 USC 499c. Licenses
TITLE 7 -- AGRICULTURE
(a) By whom license required; penalty for failure to obtain
After December 10, 1930, no person shall at any time carry on the
business of a commission merchant dealer, or broker without a license
valid and effective at such time. Any person who violates any provision
of this subsection shall be liable to a penalty of not more than $500
for each such offense and not more than $25 for each day it continues,
which shall accrue to the United States and may be recovered in a civil
suit brought by the United States.
Any person violating this provision may, upon a showing satisfactory
to the Secretary of Agriculture, or his authorized representative, that
such violation was not willful but was due to inadvertence, be permitted
by the Secretary, or such representative, to settle his liability in the
matter by the payment of the fees due for the period covered by such
violation and an additional sum, not in excess of $25, to be fixed by
the Secretary of Agriculture or his authorized representative. Such
payment shall be deposited in the Treasury of the United States in the
same manner as regular license fees.
(b) Application; fees; creation and limitation of Perishable
Agricultural Commodities Act Fund; availability of fund for
administrative expenses; budget requirements; notice of increase in
annual fee; filing of views and objections to increase
Any person desiring any such license shall make application to the
Secretary. The Secretary may by regulation prescribe the information to
be contained in such application and to be furnished thereafter. Upon
the filing of the application, and annually thereafter, the applicant
shall pay such fee as the Secretary determines necessary to meet the
reasonably anticipated expenses for administering this chapter and
sections 491, 493 to 497 of this title, but in no event shall such fee
exceed $400, plus $200 for each branch or additional business facility
operated by the applicant in excess of nine such facilities, as
determined by the Secretary. Total annual fees for any applicant shall
not exceed $4,000 in the aggregate. Such fee, when collected, shall be
deposited in the Treasury of the United States as a special fund,
without fiscal year limitation, to be designated as the ''Perishable
Agricultural Commodities Act Fund'', which shall be available for all
expenses necessary to the administration of this chapter and sections
491, 493 to 497 of this title, referred to above. Any reserve funds in
the Perishable Agricultural Commodities Act Fund 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. Any interest earned on
such reserve funds shall be credited to the Perishable Agricultural
Commodities Act Fund and shall be available for the same purposes as the
fees deposited in such fund. The amount of money accumulated and on
hand in the special fund at the end of any fiscal year shall not exceed
25 percent of the projected budget for the next following fiscal year.
Financial statements prescribed by the Director of the Office of
Management and Budget for the last completed fiscal year, and as
estimated for the current and ensuing fiscal years, shall be included in
the budget as submitted to the Congress annually. The Secretary shall
give public notice of any increase to be made in the annual fee
prescribed by him hereunder and shall allow a reasonable time prior to
the effective date of such increase for interested persons to file their
views on or objections to such increase.
(c) Trade names; disapproval by Secretary; suspension of license
for use of disapproved name; refusal of license for deceptive,
misleading, or confusing name
A licensee may conduct business in more than one trade name or change
the name under which business is conducted without requiring an
additional or new license. The Secretary may disapprove the use of a
trade name if, in his opinion, the use of the trade name by the licensee
would be deceptive, misleading, or confusing to the trade, and the
Secretary may, after notice and opportunity for a hearing, suspend for a
period not to exceed ninety days the license of any licensee who
continues to use a trade name which the Secretary has disapproved for
use by such licensee. The Secretary may refuse to issue a license to an
applicant if he finds that the trade name in which the applicant
proposes to do business would be deceptive, misleading, or confusing to
the trade if used by such applicant.
(June 10, 1930, ch. 436, 3, 46 Stat. 533; Aug. 20, 1937, ch. 719,
5, 50 Stat. 726; June 15, 1950, ch. 254, 1, 64 Stat. 217; July 30,
1956, ch. 786, 2(a), 70 Stat. 726; Oct. 1, 1962, Pub. L. 87-725, 3,
4, 76 Stat. 673, 674; Nov. 4, 1969, Pub. L. 91-107, 3, 83 Stat. 182;
1970 Reorg. Plan No. 2, 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.
2085; Nov. 1, 1978, Pub. L. 95-562, 2, 92 Stat. 2381; Dec. 22, 1981,
Pub. L. 97-98, title XI, 1115(b), 95 Stat. 1269; Aug. 22, 1988, Pub.
L. 100-414, 1, 102 Stat. 1102; Nov. 28, 1990, Pub. L. 101-624, title
XIII, 1361, 104 Stat. 3568.)
Section was formerly classified to section 553 of this title.
1990 -- Subsec. (b). Pub. L. 101-624 substituted ''. Any reserve
funds in the Perishable Agricultural Commodities Act Fund 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.
Any interest earned on such reserve funds shall be credited to the
Perishable Agricultural Commodities Act Fund and shall be available for
the same purposes as the fees deposited in such fund. The'' for '':
Provided, That the'' and ''. Financial'' for '': Provided further, That
financial''.
1988 -- Subsec. (b). Pub. L. 100-414 substituted ''$400, plus $200''
for ''$300, plus $150'' and ''$4,000'' for ''$3,000''.
1981 -- Subsec. (b). Pub. L. 97-98 substituted ''$300'', ''$150'',
and ''$3,000'' for ''$150'', ''$50'', and ''$1,000'', respectively.
1978 -- Subsec. (b). Pub. L. 95-562 substituted ''in such
application and to be furnished thereafter'' for ''in such application''
and ''$150, plus $50 for each branch or additional business facility
operated by the applicant in excess of nine such facilities, as
determined by the Secretary'' for ''$100'', and inserted provisions
limiting the total annual fees for any applicant to an amount not to
exceed $1,000 in the aggregate and limiting the amount of money in the
special fund at the end of any fiscal year to an amount not to exceed 25
percent of the projected budget for the next following fiscal year.
1969 -- Subsec. (b). Pub. L. 91-107 increased limitation on fees
from $50 to $100.
1962 -- Subsec. (b). Pub. L. 87-725, 3, increased annual fee from a
maximum of $25, to such fee as the Secretary determines necessary to
meet the expenses of administering this chapter and sections 491, 493 to
497 of this title, but not exceeding $50, directed the Secretary to give
public notice of any increase in the annual fee and to allow reasonable
time before the effective date of such increase for submission of views
on, or objections to, such increase, and struck out references to the
availability of the Perishable Agricultural Commodities Act Fund for
administrative expenses of sections 581 to 589 of this title.
Subsec. (c). Pub. L. 87-725, 4, added subsec. (c).
1956 -- Subsec. (b). Act July 30, 1956, increased fee from $15
annually to not more than $25 annually.
1950 -- Subsec. (b). Act June 15, 1950, increased fee from $10 to
$15 annually, provided for its disposition in fund, made fund available
for administrative expenses, and provided for financial statements.
1937 -- Subsec. (a). Act Aug. 20, 1937, added second par.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Functions vested by law (including reorganization plan) in Bureau of
the Budget or Director of Bureau of the Budget transferred to President
by section 101 of 1970 Reorg. Plan No. 2. Section 102 of 1970 Reorg.
Plan No. 2 redesignated Bureau of the Budget as Office of Management
and Budget and offices of Director of Bureau of the Budget, Deputy
Director of Bureau of the Budget, and Assistant Directors of Bureau of
the Budget as Director of Office of Management and Budget, Deputy
Director of Office of Management and Budget, and Assistant Directors of
Office of Management and Budget, respectively. Section 103 of 1970
Reorg. Plan No. 2 transferred all records, property, personnel, and
funds of Bureau to Office of Management and Budget. See part I of
Reorg. Plan No. 2 of 1970, set out in the Appendix to Title 5,
Government Organization and Employees.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
Exclusive jurisdiction of district courts in actions for recovery of
penalties, see section 1355 of Title 28, Judiciary and Judicial
Procedure.
Venue of action for penalty, see section 1395 of Title 28.
07 USC 499d. Issuance of license
TITLE 7 -- AGRICULTURE
(a) Authority to do business; termination; renewal
Whenever an applicant has paid the prescribed fee the Secretary,
except as provided elsewhere in this chapter, shall issue to such
applicant a license, which shall entitle the licensee to do business as
a commission merchant and/or dealer and/or broker unless and until it is
suspended or revoked by the Secretary in accordance with the provisions
of this chapter, or is automatically suspended under section 499g(d) of
this title, but said license shall automatically terminate on any
anniversary date thereof unless the annual fee has been paid: Provided,
That notice of the necessity of paying the annual fee shall be mailed at
least thirty days before the anniversary date: Provided, further, That
if the annual fee is not paid by the anniversary date the licensee may
obtain a renewal of that license at any time within thirty days by
paying the fee provided in section 499c(b) of this title, plus $5, which
shall be deposited in the Perishable Agricultural Commodities Act fund
provided for by section 499c(b) of this title: And provided further,
That the license of any licensee shall terminate upon said licensee, or
in case the licensee is a partnership, any partner, being discharged as
a bankrupt, unless the Secretary finds upon examination of the
circumstances of such bankruptcy, which he shall examine if requested to
do so by said licensee, that such circumstances do not warrant such
termination.
(b) Refusal of license; grounds
The Secretary shall refuse to issue a license to an applicant if he
finds that the applicant, or any person responsibly connected with the
applicant, is a person who, or is or was responsibly connected with a
person who --
(A) has had his license revoked under the provisions of section 499h
of this title within two years prior to the date of the application or
whose license is currently under suspension;
(B) within two years prior to the date of application has been found
after notice and opportunity for hearing to have committed any flagrant
or repeated violation of section 499b of this title, but this provision
shall not apply to any case in which the license of the person found to
have committed such violation was suspended and the suspension period
has expired or is not in effect;
(C) within two years prior to the date of the application, has been
found guilty in a Federal court of having violated the provisions of
sections 491, 493 to 497 of this title, relating to the prevention of
destruction and dumping of farm produce; or
(D) has failed, except in the case of bankruptcy and subject to his
right of appeal under section 499g(c) of this title, to pay any
reparation order issued against him within two years prior to the date
of the application.
(c) Issuance of license upon furnishing bond; issuance after three
years without bond; effect of termination of bond; increase or
decrease in amount; payment of increase
An applicant ineligible for a license by reason of the provisions of
subsection (b) of this section may, upon the expiration of the two-year
period applicable to him, be issued a license by the Secretary if such
applicant furnishes a surety bond in the form and amount satisfactory to
the Secretary as assurance that his business will be conducted in
accordance with this chapter and that he will pay all reparation orders
which may be issued against him in connection with transactions
occurring within four years following the issuance of the license,
subject to his right of appeal under section 499g(c) of this title. In
the event such applicant does not furnish such a surety bond, the
Secretary shall not issue a license to him until three years have
elapsed after the date of the applicable order of the Secretary or
decision of the court on appeal. If the surety bond so furnished is
terminated for any reason without the approval of the Secretary the
license shall be automatically canceled as of the date of such
termination and no new license shall be issued to such person during the
four-year period without a new surety bond covering the remainder of
such period. The Secretary, based on changes in the nature and volume
of business conducted by a bonded licensee, may require an increase or
authorize a reduction in the amount of the bond. A bonded licensee who
is notified by the Secretary to provide a bond in an increased amount
shall do so within a reasonable time to be specified by the Secretary,
and upon failure of the licensee to provide such bond his license shall
be automatically suspended until such bond is provided.
(d) Withholding license pending investigation
The Secretary may withhold the issuance of a license to an applicant,
for a period not to exceed thirty days pending an investigation, for the
purpose of determining (a) whether the applicant is unfit to engage in
the business of a commission merchant, dealer, or broker because the
applicant, or in case the applicant is a partnership, any general
partner, or in case the applicant is a corporation, any officer or
holder of more than 10 per centum of the stock, prior to the date of the
filing of the application engaged in any practice of the character
prohibited by this chapter or was convicted of a felony in any State or
Federal court, or (b) whether the application contains any materially
false or misleading statement or involves any misrepresentation,
concealment, or withholding of facts respecting any violation of the
chapter by any officer, agent, or employee of the applicant. If after
investigation the Secretary believes that the applicant should be
refused a license, the applicant shall be given an opportunity for
hearing within sixty days from the date of the application to show cause
why the license should not be refused. If after the hearing the
Secretary finds that the applicant is unfit to engage in the business of
a commission merchant, dealer, or broker because the applicant, or in
case the applicant is a partnership, any general partner, or in case the
applicant is a corporation, any officer or holder of more than 10 per
centum of the stock, prior to the date of the filing of the application
engaged in any practice of the character prohibited by this chapter or
was convicted of a felony in any State or Federal court, or because the
application contains a materially false or misleading statement made by
the applicant or by its representative on its behalf, or involves a
misrepresentation, concealment, or withholding of facts respecting any
violation of the chapter by any officer, agent, or employee, the
Secretary may refuse to issue a license to the applicant.
(e) Refusal of license
The Secretary may refuse to issue a license to an applicant if he
finds that the applicant, or in case the applicant is a partnership, any
general partner, or in case the applicant is a corporation, any officer
or holder of more than 10 per centum of the stock, has, within three
years prior to the date of the application, been adjudicated or
discharged as a bankrupt, or was a general partner of a partnership or
officer or holder of more than 10 per centum of the stock of a
corporation adjudicated or discharged as a bankrupt, and if he finds
that the circumstances of such bankruptcy warrant such a refusal, unless
the applicant furnishes a bond of such nature and amount as may be
determined by the Secretary or other assurance satisfactory to the
Secretary that the business of the applicant will be conducted in
accordance with this chapter.
(June 10, 1930, ch. 436, 4, 46 Stat. 533; Apr. 13, 1934, ch. 120,
4-7, 48 Stat. 585, 586; June 19, 1936, ch. 602, 2, 49 Stat. 1533;
Aug. 20, 1937, ch. 719, 6, 50 Stat. 726; June 15, 1950, ch. 254, 2,
64 Stat. 218; July 30, 1956, ch. 786, 2(b), 3, 4, 70 Stat. 726;
Oct. 1, 1962, Pub. L. 87-725, 5-7, 76 Stat. 674; Nov. 6, 1978, Pub.
L. 95-598, title III, 303, 92 Stat. 2673; Dec. 13, 1991, Pub. L.
102-237, title X, 1011(2), 105 Stat. 1898.)
Section was formerly classified to section 554 of this title.
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''annual'' for
''anual'' before ''fee has been paid''.
1978 -- Subsec. (a). Pub. L. 95-598, 303(a), inserted '', unless
the Secretary finds upon examination of the circumstances of such
bankruptcy, which he shall examine if requested to do so by said
licensee, that such circumstances do not warrant such termination''.
Subsec. (e). Pub. L. 95-598, 303(b), inserted ''and if he finds that
the circumstances of such bankruptcy warrant such a refusal,''.
1962 -- Subsec. (a). Pub. L. 87-725, 5, inserted proviso that the
license of any licensee shall terminate, if he, or in case the licensee
is a partnership, any partner, is discharged as a bankrupt.
Subsec. (b). Pub. L. 87-725, 6, amended subsection generally, and
among other changes, required refusal of a license upon showing
responsible connection by the applicant, or by any person responsibly
connected with him, with a person guilty of the specified conduct,
without requiring that the applicant was responsible in whole or in part
for such conduct, and upon the grounds specified in clause (C) relating
to being found guilty in a Federal court of having violated the
provisions of sections 491, 493 to 497 of this title, provided that the
provisions regarding flagrant or repeated violation of section 499b of
this title shall not apply where the license in such case was suspended
and the suspension period has expired or is not in effect, and
eliminated provisions which, notwithstanding the grounds for refusal
specified in the section, permitted the Secretary to issue a license
upon the applicant furnishing a bond or other satisfactory assurance
that his business would be conducted in accordance with this chapter,
and that he would pay reparation orders previously issued against him or
which could be issued against him within two years after receiving the
license, but such license could not be issued until after the expiration
of one year from the revocation or from the finding that the applicant
was responsible, for any flagrant or repeated violation of section 499b
of this title.
Subsec. (c). Pub. L. 87-725, 7, substituted provisions which permit
a license to be issued to an applicant ineligible under subsec. (b) of
this section, upon expiration of the two year period applicable to him,
if he furnishes a surety bond as assurance that his business will be
conducted in accordance with this chapter and that he will pay all
reparation orders issued against him in connection with transactions
occurring within four years following issuance of license, subject to
appeal under section 499g(c) of this title, or if no bond is given,
permit issuance of the license after three years from the applicable
order, or decision of the court on appeal, and which provide that if a
bond is terminated without the Secretary's approval, the license is
automatically canceled and cannot be re-issued during the four year
period without a new bond, that the Secretary may order an increase or a
reduction in the bond, and that a licensee notified to increase the bond
must do so in a reasonable time or his license will be suspended until
such bond is provided, for provisions which required the Secretary to
refuse a license to an applicant, or if the applicant was a partnership,
or an association or a corporation, to a partner or officer or any
person holding a responsible position therein, respectively, found
within two years of being guilty of violating sections 491 to 497 or
499n(b) of this title.
1956 -- Subsec. (a). Act July 30, 1956, 2(b), substituted ''the fee
provided in section 499c(b) of this title, plus $5'' for ''a fee of
$20''.
Subsec. (d). Act July 30, 1956, 3, included within term
''applicant'' any general partner of a partnership, and officers or
holders of more than 10 per centum of the stock of a corporation, and
permitted the Secretary to refuse to issue a license to an applicant who
was convicted of a felony in any State or Federal court.
Subsec. (e). Act July 30, 1956, 4, added subsec. (e).
1950 -- Subsec. (a). Act June 15, 1950, increased fee for late
registration from $15 to $20, and provided for its disposition in the
fund.
1937 -- Subsec. (a). Act Aug. 20, 1937, inserted first and second
provisos.
Subsec. (b). Act Aug. 20, 1937, among other changes, inserted ''Such
bond shall be in an amount sufficient in the judgment of the Secretary
of Agriculture to insure payment of such reparation orders'' at the end.
Subsecs. (c), (d). Act Aug. 20, 1937, amended subsecs. (c) and (d)
generally.
1936 -- Subsec. (b). Act June 19, 1936, among other changes,
inserted ''if he finds'' after ''or (3)'' and ''or (5)'' after ''section
499b''.
1934 -- Subsec. (b). Act Apr. 13, 1934, 4, among other changes,
added cls. (3) and (4).
Subsecs. (c) to (e). Act Apr. 13, 1934, 5-7, added subsecs. (c)
to (e).
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
07 USC 499e. Liability to persons injured
TITLE 7 -- AGRICULTURE
(a) Amount of damages
If any commission merchant, dealer, or broker violates any provision
of section 499b of this title he shall be liable to the person or
persons injured thereby for the full amount of damages sustained in
consequence of such violation.
(b) Remedies
Such liability may be enforced either (1) by complaint to the
Secretary as hereinafter provided, or (2) by suit in any court of
competent jurisdiction; but this section shall not in any way abridge
or alter the remedies now existing at common law or by statute, and the
provisions of this chapter are in addition to such remedies.
(c) Trust on commodities and sales proceeds for benefit of unpaid
suppliers, sellers, or agents; preservation of trust; jurisdiction of
courts
(1) It is hereby found that a burden on commerce in perishable
agricultural commodities is caused by financing arrangements under which
commission merchants, dealers, or brokers, who have not made payment for
perishable agricultural commodities purchased, contracted to be
purchased, or otherwise handled by them on behalf of another person,
encumber or give lenders a security interest in, such commodities, or on
inventories of food or other products derived from such commodities, and
any receivables or proceeds from the sale of such commodities or
products, and that such arrangements are contrary to the public
interest. This subsection is intended to remedy such burden on commerce
in perishable agricultural commodities and to protect the public
interest.
(2) Perishable agricultural commodities received by a commission
merchant, dealer, or broker in all transactions, and all inventories of
food or other products derived from perishable agricultural commodities,
and any receivables or proceeds from the sale of such commodities or
products, shall be held by such commission merchant, dealer, or broker
in trust for the benefit of all unpaid suppliers or sellers of such
commodities or agents involved in the transaction, until full payment of
the sums owing in connection with such transactions has been received by
such unpaid suppliers, sellers, or agents. Payment shall not be
considered to have been made if the supplier, seller, or agent receives
a payment instrument which is dishonored. The provisions of this
subsection shall not apply to transactions between a cooperative
association, as defined in section 1141j(a) of title 12, and its
members.
(3) The unpaid supplier, seller, or agent shall lose the benefits of
such trust unless such person has given written notice of intent to
preserve the benefits of the trust to the commission merchant, dealer,
or broker and has filed such notice with the Secretary within thirty
calendar days (i) after expiration of the time prescribed by which
payment must be made, as set forth in regulations issued by the
Secretary, (ii) after expiration of such other time by which payment
must be made, as the parties have expressly agreed to in writing before
entering into the transaction, or (iii) after the time the supplier,
seller, or agent has received notice that the payment instrument
promptly presented for payment has been dishonored. When the parties
expressly agree to a payment time period different from that established
by the Secretary, a copy of any such agreement shall be filed in the
records of each party to the transaction and the terms of payment shall
be disclosed on invoices, accountings, and other documents relating to
the transaction.
(4) The several district courts of the United States are vested with
jurisdiction specifically to entertain (i) actions by trust
beneficiaries to enforce payment from the trust, and (ii) actions by the
Secretary to prevent and restrain dissipation of the trust.
(June 10, 1930, ch. 436, 5, 46 Stat. 534; Aug. 20, 1937, ch. 719,
7, 50 Stat. 728; May 7, 1984, Pub. L. 98-273, 1, 98 Stat. 165; Dec.
13, 1991, Pub. L. 102-237, title X, 1011(3), 105 Stat. 1898.)
Section was formerly classified to section 555 of this title.
1991 -- Subsec. (c)(2). Pub. L. 102-237 substituted '', as'' for
''(as'' before ''defined''.
1984 -- Subsec. (c). Pub. L. 98-273 added subsec. (c).
1937 -- Subsec. (a). Act Aug. 20, 1937, struck out ''paragraph (1),
(2), (3), or (4) of'' after ''provisions of''.
Failure to maintain trust as required under subsec. (c) of this
section as unlawful, see section 499b of this title.
07 USC 499f. Complaint and investigation
TITLE 7 -- AGRICULTURE
(a) Petition to Secretary of Agriculture; time of making; contents;
service; answer
Any person complaining of any violation of any provision of section
499b of this title by any commission merchant, dealer, or broker may, at
any time within nine months after the cause of action accrues, apply to
the Secretary by petition, which shall briefly state the facts,
whereupon, if, in the opinion of the Secretary, the facts therein
contained warrant such action, a copy of the complaint thus made shall
be forwarded by the Secretary to the commission merchant, dealer, or
broker, who shall be called upon to satisfy the complaint, or to answer
it in writing, within a reasonable time to be prescribed by the
Secretary.
(b) Complaint to Secretary requesting investigation of violations;
by whom made
Any officer or agency of any State or Territory having jurisdiction
over commission merchants, dealers, or brokers in such State or
Territory and any employee of the United States Department of
Agriculture or any interested person may file, in accordance with rules
and regulations of the Secretary, a complaint of any violation of any
provision of this chapter by any commission merchant, dealer, or broker
and may request an investigation of such complaint by the Secretary.
(c) Service of complaint; hearing
If there appear to be, in the opinion of the Secretary, any
reasonable grounds for investigating any complaint made under this
section, the Secretary shall investigate such complaint and may, if in
his opinion the facts warrant such action, have said complaint served by
registered mail or by certified mail or otherwise on the person
concerned and afford such person an opportunity for a hearing thereon
before a duly authorized examiner of the Secretary in any place in which
the said person is engaged in business: Provided, That in complaints
wherein the amount claimed as damages does not exceed the sum of
$15,000, a hearing need not be held and proof in support of the
complaint and in support of respondent's answer may be supplied in the
form of depositions or verified statements of fact.
(d) Determination by Secretary of violations
After opportunity for hearing on complaints where the damages claimed
exceed the sum of $15,000 has been provided or waived and on complaints
where damages claimed do not exceed the sum of $15,000 not requiring
hearing as provided herein, the Secretary shall determine whether or not
the commission merchant, dealer, or broker has violated any provision of
section 499b of this title.
(e) Complaints by nonresidents; bond for costs and fees
In case a complaint is made by a nonresident of the United States, or
by a resident of the United States to whom the claim of a nonresident of
the United States has been assigned, the complainant shall be required,
before any formal action is taken on his complaint, to furnish a bond in
double the amount of the claim conditioned upon the payment of costs,
including a reasonable attorney's fee for the respondent if the
respondent shall prevail, and any reparation award that may be issued by
the Secretary of Agriculture against the complainant on any counter
claim by respondent: Provided, That the Secretary shall have authority
to waive the furnishing of a bond by a complainant who is a resident of
a country which permits the filing of a complaint by a resident of the
United States without the furnishing of a bond.
(June 10, 1930, ch. 436, 6, 46 Stat. 534; Apr. 13, 1934, ch. 120,
8-10, 48 Stat. 586, 587; Aug. 20, 1937, ch. 719, 8, 9, 50 Stat. 728;
June 11, 1960, Pub. L. 86-507, 1(4), 74 Stat. 200; Oct. 1, 1962,
Pub. L. 87-725, 8, 76 Stat. 675; Feb. 15, 1972, Pub. L. 92-231, 1,
86 Stat. 38; Dec. 22, 1981, Pub. L. 97-98, title XI, 1115(c), 95 Stat.
1270; Oct. 18, 1982, Pub. L. 97-352, 2, 96 Stat. 1667; Dec. 13,
1991, Pub. L. 102-237, title X, 1011(4), 105 Stat. 1898.)
Section was formerly classified to section 556 of this title.
1991 -- Subsecs. (c), (d). Pub. L. 102-237 inserted a period at end
of subsec. (c) and substituted a period for semicolon at end of subsec.
(d).
1982 -- Subsec. (e). Pub. L. 97-352 inserted ''or by a resident of
the United States to whom the claim of a nonresident of the United
States has been assigned,'' after ''In case a complaint is made by a
nonresident of the United States,''.
1981 -- Subsecs. (c), (d). Pub. L. 97-98 substituted ''$15,000''
for ''$3,000''.
1972 -- Subsec. (c). Pub. L. 92-231 substituted ''$3,000'' for
''$1,500''.
Subsec. (d). Pub. L. 92-231 substituted ''$3,000'' for ''$1,500''
wherever appearing.
1962 -- Subsec. (c). Pub. L. 87-725 substituted ''$1,500'' for
''$500''.
Subsec. (d). Pub. L. 87-725 substituted ''$1,500'' for ''$500''
wherever appearing.
1960 -- Subsec. (c). Pub. L. 86-507 inserted ''or by certified
mail'' after ''registered mail''.
1937 -- Subsec. (b). Act Aug. 20, 1937, 8, substituted ''section
499b of this title'' for ''this chapter''.
Subsec. (e). Act Aug. 20, 1937, 9, inserted ''and any reparation
award that may be issued by the Secretary of Agriculture against the
complainant on any counter claim by respondent'' and proviso.
1934 -- Subsec. (c). Act Apr. 13, 1934, 8, inserted proviso.
Subsec. (d). Act Apr. 13, 1934, 9, substituted ''complaints'' for
''a complaint'' after ''on'' and inserted ''where damages claimed do not
exceed the sum of $500 not requiring hearing as provided herein'' after
''complaints''.
Subsec. (e). Act Apr. 13, 1934, 10, among other changes, inserted
''formal'' before ''action''.
Section 3 of Pub. L. 97-352 provided that: ''The amendment made by
section 2 (amending this section) shall not apply with respect to
complaints made under section 6(e) of the Perishable Agricultural
Commodities Act, 1930 (subsec. (e) of this section), before the date of
enactment of this Act (Oct. 18, 1982).''
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
07 USC 499g. Reparation order
TITLE 7 -- AGRICULTURE
(a) Determination by Secretary of Agriculture of amount of damages;
order for payment
If after a hearing on a complaint made by any person under section
499f of this title, or without hearing as provided in subsections (c)
and (d) of section 499f of this title, or upon failure of the party
complained against to answer a complaint duly served within the time
prescribed, or to appear at a hearing after being duly notified, the
Secretary determines that the commission merchant, dealer, or broker has
violated any provision of section 499b of this title, he shall, unless
the offender has already made reparation to the person complaining,
determine the amount of damage, if any, to which such person is entitled
as a result of such violation and shall make an order directing the
offender to pay to such person complaining such amount on or before the
date fixed in the order. The Secretary shall order any commission
merchant, dealer, or broker who is the losing party to pay the
prevailing party, as reparation or additional reparation, reasonable
fees and expenses incurred in connection with any such hearing. If,
after the respondent has filed his answer to the complaint, it appears
therein that the respondent has admitted liability for a portion of the
amount claimed in the complaint as damages, the Secretary under such
rules and regulations as he shall prescribe, unless the respondent has
already made reparation to the person complaining, may issue an order
directing the respondent to pay to the complainant the undisputed amount
on or before the date fixed in the order, leaving the respondent's
liability for the disputed amount for subsequent determination. The
remaining disputed amount shall be determined in the same manner and
under the same procedure as it would have been determined if no order
had been issued by the Secretary with respect to the undisputed sum.
(b) Failure to comply with order of Secretary; suit to enforce
liability; order as evidence; costs and fees
If any commission merchant, dealer, or broker does not pay the
reparation award within the time specified in the Secretary's order, the
complainant, or any person for whose benefit such order was made, may
within three years of the date of the order file in the district court
of the United States for the district in which he resides or in which is
located the principal place of business of the commission merchant,
dealer, or broker, or in any State court having general jurisdiction of
the parties, a petition setting forth briefly the causes for which he
claims damages and the order of the Secretary in the premises. The
orders, writs, and processes of the district courts may in these cases
run, be served, and be returnable anywhere in the United States. Such
suit in the district court shall proceed in all respects like other
civil suits for damages, except that the findings and orders of the
Secretary shall be prima-facie evidence of the facts therein stated, and
the petitioner shall not be liable for costs in the district court, nor
for costs at any subsequent state of the proceedings, unless they accrue
upon his appeal. If the petitioner finally prevails, he shall be
allowed a reasonable attorney's fee, to be taxed and collected as a part
of the costs of the suit.
(c) Appeal from reparation order; proceedings
Either party adversely affected by the entry of a reparation order by
the Secretary may, within thirty days from and after the date of such
order, appeal therefrom to the district court of the United States for
the district in which said hearing was held: Provided, That in cases
handled without a hearing in accordance with subsections (c) and (d) of
section 499f of this title or in which a hearing has been waived by
agreement of the parties, appeal shall be to the district court of the
United States for the district in which the party complained against is
located. Such appeal shall be perfected by the filing with the clerk of
said court a notice of appeal, together with a petition in duplicate
which shall recite prior proceedings before the Secretary and shall
state the grounds upon which the petitioner relies to defeat the right
of the adverse party to recover the damages claimed, with proof of
service thereof upon the adverse party. Such appeal shall not be
effective unless within thirty days from and after the date of the
reparation order the appellant also files with the clerk a bond in
double the amount of the reparation awarded against the appellant
conditioned upon the payment of the judgment entered by the court, plus
interest and costs, including a reasonable attorney's fee for the
appellee, if the appellee shall prevail. Such bond shall be in the form
of cash, negotiable securities having a market value at least equivalent
to the amount of bond prescribed, or the undertaking of a surety company
on the approved list of sureties issued by the Treasury Department of
the United States. The clerk of court shall immediately forward a copy
thereof to the Secretary of Agriculture, who shall forthwith prepare,
certify, and file in said court a true copy of the Secretary's decision,
findings of fact, conclusions, and order in said case, together with
copies of the pleadings upon which the case was heard and submitted to
the Secretary. Such suit in the district court shall be a trial de novo
and shall proceed in all respects like other civil suits for damages,
except that the findings of fact and order or orders of the Secretary
shall be prima-facie evidence of the facts therein stated. Appellee
shall not be liable for costs in said court and if appellee prevails he
shall be allowed a reasonable attorney's fee to be taxed and collected
as a part of his costs. Such petition and pleadings certified by the
Secretary upon which decision was made by him shall upon filing in the
district court constitute the pleadings upon which said trial de novo
shall proceed subject to any amendment allowed in that court.
(d) Suspension of license for failure to obey reparation order or
appeal
Unless the licensee against whom a reparation order has been issued
shows to the satisfaction of the Secretary within five days from the
expiration of the period allowed for compliance with such order that he
has either taken an appeal as herein authorized or has made payment in
full as required by such order his license shall be suspended
automatically at the expiration of such five-day period until he shows
to the satisfaction of the Secretary that he has paid the amount therein
specified with interest thereon to date of payment: Provided, That if
on appeal the appellee prevails or if the appeal is dismissed the
automatic suspension of license shall become effective at the expiration
of thirty days from the date of the judgment on the appeal, but if the
judgment is stayed by a court of competent jurisdiction the suspension
shall become effective ten days after the expiration of such stay,
unless prior thereto the judgment of the court has been satisfied.
(June 10, 1930, ch. 436, 7, 46 Stat. 534; Apr. 13, 1934, ch. 120,
11-13, 48 Stat. 587, 588; June 19, 1936, ch. 602, 3, 49 Stat. 1534;
Aug. 20, 1937, ch. 719, 10, 50 Stat. 728; June 23, 1938, ch. 599, 52
Stat. 953; May 14, 1940, ch. 196, 54 Stat. 214; Oct. 1, 1962, Pub. L.
87-725, 9, 10, 76 Stat. 675; Feb. 15, 1972, Pub. L. 92-231, 2, 86
Stat. 38; Dec. 13, 1991, Pub. L. 102-237, title X, 1011(5), 105 Stat.
1898.)
Section was formerly classified to section 557 of this title.
1991 -- Subsecs. (a) to (c). Pub. L. 102-237 substituted periods
for semicolons at end of subsecs. (a) to (c).
1972 -- Subsec. (a). Pub. L. 92-231 directed the Secretary to order
commission merchants, dealers, or brokers who are the losing party to
pay the prevailing party, as reparation or additional reparation,
reasonable fees and expenses incurred in connection with hearings.
1962 -- Subsec. (c). Pub. L. 87-725, 9, limited time for filing the
bond to within 30 days from and after the date of the reparation order,
and required such bond to be in cash, negotiable securities having a
market value of at least equivalent to the amount of bond prescribed or
the undertaking of a surety company on the approved list of sureties
issued by the Treasury Department.
Subsec. (d). Pub. L. 87-725, 10, lengthened period upon the
expiration of which the license is suspended from ten to thirty days,
and provided that if the judgment is stayed by a court of competent
jurisdiction the suspension becomes effective ten days after the
expiration of such stay.
1940 -- Subsec. (c). Act May 14, 1940, inserted proviso in first
sentence.
1938 -- Subsec. (a). Act June 23, 1938, inserted last two sentences.
1937 -- Subsec. (a). Act Aug. 20, 1937, among other changes,
inserted ''or without hearing as provided in section 499f of this title,
paragraphs (c) and (d), or upon failure of the party complained against
to answer a complaint duly served within the time prescribed, or to
appear at a hearing after being duly notified'' after ''section 499f''.
Subsec. (b). Act Aug. 20, 1937, among other changes, substituted
''pay the reparation award'' for ''comply with an order for the payment
of money''.
Subsec. (c). Act Aug. 20, 1937, inserted ''together with a bond in
double the amount of the reparation award conditioned upon the payment
of the judgment entered by the court plus interest and costs, including
a reasonable attorney's fee for the appellee, if the appellee shall
prevail'' after ''upon adverse party'' and struck out proviso in first
sentence and ''by registered mail'' after ''adverse party''.
Subsec. (d). Act Aug. 20, 1937, inserted proviso.
1936 -- Subsec. (c). Act June 19, 1936, inserted proviso in first
sentence and ''by registered mail'' after ''adverse party''.
1934 -- Subsec. (b). Act Apr. 13, 1934, 11, inserted after first
sentence ''The orders, writs and processes of the district courts may in
these cases run, be served, and be returnable anywhere in the United
States.''
Subsecs. (c), (d). Act Apr. 13, 1934, 12, 13, added subsecs. (c)
and (d).
Costs, see rules 54, 81, Title 28, Appendix, Judiciary and Judicial
Procedure.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
Exclusive jurisdiction of courts of appeals to set aside orders of
Secretary of Agriculture under this chapter except those orders issued
under subsection (a) of this section, see section 2342 of Title 28,
Judiciary and Judicial Procedure.
Review of orders by courts of appeals, see section 2341 et seq. of
Title 28.
Venue of proceedings to set aside orders of Secretary of Agriculture
under this chapter except subsec. (a) of this section, see section 2343
of Title 28.
07 USC 499h. Grounds for suspension or revocation of license
TITLE 7 -- AGRICULTURE
(a) Authority of Secretary
Whenever (1) the Secretary determines, as provided in section 499f of
this title, that any commission merchant, dealer, or broker has violated
any of the provisions of section 499b of this title, or (2) any
commission merchant, dealer, or broker has been found guilty in a
Federal court of having violated section 499n(b) of this title, the
Secretary may publish the facts and circumstances of such violation
and/or, by order, suspend the license of such offender for a period not
to exceed ninety days, except that, if the violation is flagrant or
repeated, the Secretary may, by order, revoke the license of the
offender.
(b) Unlawful employment of certain persons; restrictions; bond
assuring compliance; approval of employment without bond; change in
amount of bond; payment of increased amount; penalties
Except with the approval of the Secretary, no licensee shall employ
any person, or any person who is or has been responsibly connected with
any person --
(1) whose license has been revoked or is currently suspended by order
of the Secretary;
(2) who has been found after notice and opportunity for hearing to
have committed any flagrant or repeated violation of section 499b of
this title, but this provision shall not apply to any case in which the
license of the person found to have committed such violation was
suspended and the suspension period has expired or is not in effect; or
(3) against whom there is an unpaid reparation award issued within
two years, subject to his right of appeal under section 499g(c) of this
title.
The Secretary may approve such employment at any time following
nonpayment of a reparation award, or after one year following the
revocation or finding of flagrant or repeated violation of section 499b
of this title, if the licensee furnishes and maintains a surety bond in
form and amount satisfactory to the Secretary as assurance that such
licensee's business will be conducted in accordance with this chapter
and that the licensee will pay all reparation awards, subject to its
right of appeal under section 499g(c) of this title, which may be issued
against it in connection with transactions occurring within four years
following the approval. The Secretary may approve employment without a
surety bond after the expiration of two years from the effective date of
the applicable disciplinary order. The Secretary, based on changes in
the nature and volume of business conducted by the licensee, may require
an increase or authorize a reduction in the amount of the bond. A
licensee who is notified by the Secretary to provide a bond in an
increased amount shall do so within a reasonable time to be specified by
the Secretary, and if the licensee fails to do so the approval of
employment shall automatically terminate. The Secretary may, after
thirty days notice and an opportunity for a hearing, suspend or revoke
the license of any licensee who, after the date given in such notice,
continues to employ any person in violation of this section.
(c) Fraud in procurement
If, after a license shall have been issued to an applicant, the
Secretary believes that the license was obtained through a false or
misleading statement in the application therefor or through a
misrepresentation, concealment, or withholding of facts respecting any
violation of this chapter by any officer, agent, or employee, he may,
after thirty days' notice and an opportunity for a hearing, revoke said
license, whereupon no license shall be issued to said applicant or any
applicant in which the person responsible for such false or misleading
statement or misrepresentation, concealment, or withholding of facts is
financially interested, except under the conditions set forth in section
499d(b) of this title.
(d) Injunction
In addition to being subject to the penalties provided by section
499c(a) of this title, any commission merchant, dealer, or broker who
engages in or operates such business without a valid and effective
license from the Secretary shall be liable to be proceeded against in
any court of competent jurisdiction in a suit by the United States for
an injunction to restrain such defendant from further continuing so to
engage in or operate such business, and, if the court shall find that
the defendant is continuing to engage in such business without a valid
and effective license, the court shall issue an injunction to restrain
such defendant from continuing to engage in or to operate such business
without such license.
(June 10, 1930, ch. 436, 8, 46 Stat. 535; Apr. 13, 1934, ch. 120,
14, 48 Stat. 588; Aug. 20, 1937, ch. 719, 11, 50 Stat. 730; July 30,
1956, ch. 786, 5, 70 Stat. 727; Oct. 1, 1962, Pub. L. 87-725, 11, 76
Stat. 675; Dec. 13, 1991, Pub. L. 102-237, title X, 1011(6), 105 Stat.
1898.)
Section was formerly classified to section 558 of this title.
1991 -- Subsec. (a). Pub. L. 102-237 redesignated cls. (a) and (b)
as (1) and (2), respectively, and substituted a period for semicolon at
end.
1962 -- Subsec. (b). Pub. L. 87-725 amended subsec. (b) generally,
and among other changes, provided that any licensee hiring any person
without the Secretary's approval in violation of this section, after
notice and opportunity for hearing, may have his license suspended or
revoked, that the restrictions shall apply to persons found, after
notice and opportunity for hearing, to have committed any flagrant or
repeated violation of section 499b of this title, but not where such
violator's license was suspended and the suspension has expired or is
not in effect, and shall also apply to persons against whom there is a
unpaid reparation award issued within two years, subject to appeal under
section 499g(c) of this title, permitted the Secretary to approve
employment at any time following nonpayment of a reparation award, or
after one year following the revocation or finding of flagrant and
repeated violation of section 499b of this title, if the licensee
furnishes a bond as assurance that his business will be conducted in
accordance with this chapter and he will pay all reparation awards
issued within four years following approval, subject to appeal under
section 499g(c) of this title, or without bond after two years from the
effective date of the disciplinary order, authorized the Secretary to
increase or decrease the amount of bond, and required licensees notified
of an increased bond to provide such in a reasonable time or the
approval of employment will terminate.
1956 -- Subsec. (b). Act July 30, 1956, provided for suspension of
licenses, and restricted authority to permit employment to those cases
where licenses have been revoked or suspended for failure to pay a
reparation award.
1937 -- Subsec. (a). Act Aug. 20, 1937, among other changes,
inserted cl. (a) designation and inserted ''or (b) any commission
merchant, dealer, or broker has been found guilty in a Federal court of
having violated section 499n(b) of this title'' after ''section 499b of
this title''.
Subsec. (b). Act Aug. 20, 1937, amended subsec. (b) generally.
Subsecs. (c), (d). Act Aug. 20, 1937, added subsecs. (c) and (d).
1934 -- Subsec. (b). Act Apr. 13, 1934, added subsec. (b).
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
07 USC 499i. Accounts, records, and memoranda; duty of licensees to
keep; contents; suspension of license for violation of duty
TITLE 7 -- AGRICULTURE
Every commission merchant, dealer, and broker shall keep such
accounts, records, and memoranda as fully and correctly disclose all
transactions involved in his business, including the true ownership of
such business by stockholding or otherwise. If such accounts, records,
and memoranda are not so kept, the Secretary may publish the facts and
circumstances and/or, by order, suspend the license of the offender for
a period not to exceed ninety days.
(June 10, 1930, ch. 436, 9, 46 Stat. 535.)
Section was formerly classified to section 559 of this title.
07 USC 499j. Orders; effective date; continuance in force;
suspension, modification and setting aside; penalty
TITLE 7 -- AGRICULTURE
Any order of the Secretary under this chapter other than an order for
the payment of money shall take effect within such reasonable time, not
less than ten days, as is prescribed in the order, and shall continue in
force until his further order, or for a specified period of time,
accordingly as it is prescribed in the order, unless such order is
suspended, modified, or set aside by the Secretary or is suspended,
modified, or set aside by a court of competent jurisdiction. Any such
order of the Secretary, if regularly made, shall be final, unless before
the date prescribed for its taking effect application is made to a court
of competent jurisdiction by the commission merchant, dealer, or broker
against whom such order is directed to have such order set aside or its
enforcement, operation, or execution suspended or restrained.
(June 10, 1930, ch. 436, 10, 46 Stat. 535.)
Section was formerly classified to section 560 of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
Review of orders by courts of appeals, see section 2341 et seq. of
Title 28, Judiciary and Judicial Procedure.
07 USC 499k. Injunctions; application of injunction laws governing
orders of Interstate Commerce Commission
TITLE 7 -- AGRICULTURE
For the purposes of this chapter the provisions of all laws relating
to the suspending or restraining of the enforcement, operation, or
execution, or the setting-aside, in whole or in part, of the orders of
the Interstate Commerce Commission are made applicable to orders of the
Secretary under this chapter and to any person subject to the provisions
of this chapter.
(June 10, 1930, ch. 436, 11, 46 Stat. 535.)
Section was formerly classified to section 561 of this title.
Process and stay of proceedings to enforce judgment, see rules 4 and
62, Title 28, Appendix, Judiciary and Judicial Procedure.
Court of appeals exclusive jurisdiction respecting final orders of
Secretary of Agriculture under this chapter, except orders issued under
section 499g(a) of this title, see section 2342 of Title 28, Judiciary
and Judicial Procedure.
Injunction by courts of appeals restraining orders, see section 2349
of Title 28.
Interstate Commerce Commission orders --
Enforcement and review, see sections 2321 to 2323, 2341 et seq. of
Title 28.
Jurisdiction, district courts, see section 1336 of Title 28.
Venue, district courts, see section 1398 of Title 28.
07 USC 499l. Violations; report to Attorney General; proceedings;
costs
TITLE 7 -- AGRICULTURE
The Secretary may report any violation of this chapter for which a
civil penalty is provided to the Attorney General of the United States,
who shall cause appropriate proceedings to be commenced and prosecuted
in the proper courts of the United States without delay. The costs and
expenses of such proceedings shall be paid out of the appropriation for
the expenses of the courts of the United States.
(June 10, 1930, ch. 436, 12, 46 Stat. 536.)
Section was formerly classified to section 562 of this title.
Exclusive jurisdiction of district courts of actions to recover
penalties, see section 1355 of Title 28, Judiciary and Judicial
Procedure.
Venue of action for penalty, see section 1395 of Title 28.
07 USC 499m. Complaints; procedure, penalties, etc.
TITLE 7 -- AGRICULTURE
(a) Investigation by Secretary of Agriculture; inspection of
accounts, records, and memoranda; penalty for refusing inspection
The Secretary or his duly authorized agents shall have the right to
inspect such accounts, records, and memoranda of any commission
merchant, dealer, or broker as may be material (1) in the investigation
of complaints under this chapter, or (2) to the determination of
ownership, control, packer, or State, country, or region of origin in
connection with commodity inspections, or (3) to ascertain whether
section 499i of this title is being complied with, and if any such
commission merchant, dealer, or broker refuses to permit such
inspection, the Secretary may publish the facts and circumstances
and/or, by order, suspend the license of the offender until permission
to make such inspection is given. The Secretary or his duly authorized
agents shall have the right to inspect any lot of any perishable
agricultural commodity covered by this chapter, and if any commission
merchant, dealer, or broker having ownership of or control over such lot
fails or refuses to authorize or allow such inspection, the Secretary
may, after thirty days' notice and an opportunity for a hearing, publish
the facts and circumstances and/or, by order, suspend the license of the
offender for a period not to exceed ninety days.
(b) Inspection of records; surety bond; suspension of license
The Secretary or the Secretary's duly authorized agents, in order to
insure that the prompt payment provision of section 499b(4) of this
title is being complied with, shall from time to time inspect the
accounts, records, and memoranda of any commission merchant, dealer, or
broker determined in a formal disciplinary proceeding under section
499f(b) of this title to have violated such provision. The Secretary
may also require that any such commission merchant, dealer, or broker
furnish, maintain, and from time to time adjust a surety bond in form
and amount satisfactory to the Secretary as assurance that such
commission merchant's, dealer's, or broker's business will be conducted
in accordance with this chapter and that such commission merchant,
dealer, or broker will pay all reparation awards, subject to its right
of appeal under section 499g(c) of this title: Provided, That if such
surety bond is furnished, maintained, and adjusted as required by the
Secretary, the Secretary shall not thereafter inspect the accounts,
records, and memoranda of such commission merchant, dealer, or broker
under this subsection more than once a year. If any such commission
merchant, dealer, or broker refuses to permit such inspection or fails
or refuses to furnish, maintain, or adjust such surety bond, the
Secretary may publish the facts and circumstances and, by order, suspend
the license of the offender until permission to make such inspection is
given or such surety bond is furnished, maintained, or adjusted.
(c) Hearings; subpoenas; oaths; witnesses; evidence
The Secretary, or any officer or employee designated by him for such
purpose, may hold hearings, sign and issue subpoenas, administer oaths,
examine witnesses, receive evidence, and require by subpoena the
attendance and testimony of witnesses and the production of such
accounts, records, and memoranda as may be material for the
determination of any complaint under this chapter.
(d) Disobedience to subpoenas; remedy; contempt
In case of disobedience to a subpoena, the Secretary or any of his
examiners may invoke the aid of any court of the United States in
requiring the attendance and testimony of witnesses and the production
of accounts, records, and memoranda. Any district court of the United
States within the jurisdiction of which any hearing is carried on may,
in case of contumacy or refusal to obey a subpoena issued to any person,
issue an order requiring the person to appear before the Secretary or
his examiner or to produce accounts, records, and memoranda if so
ordered, or to give evidence touching any matter pertinent to any
complaint; and any failure to obey such order of the court shall be
punished by the court as a contempt thereof.
(e) Depositions; production of accounts, records and memoranda
The Secretary may order testimony to be taken by deposition in any
proceeding or investigation or incident to any complaint pending under
this chapter at any stage thereof. Such depositions may be taken before
any person designated by the Secretary and having power to administer
oaths. Such testimony shall be reduced to writing by the person taking
the deposition or under his direction and shall then be subscribed by
the deponent. Any person may be compelled to appear and depose and to
produce accounts, records, and memoranda in the same manner as witnesses
may be compelled to appear and testify and produce accounts, records,
and memoranda before the Secretary or any of his examiners.
(f) Fees and mileage of witnesses
Witnesses summoned before the Secretary or any officer or employee
designated by him shall be paid the same fees and mileage that are paid
witnesses in the courts of the United States, and witnesses whose
depositions are taken and the persons taking the same shall severally be
entitled to the same fees as are paid for like service in the courts of
the United States.
(June 10, 1930, ch. 436, 13, 46 Stat. 536; July 30, 1956, ch. 786,
6, 70 Stat. 727; Oct. 15, 1970, Pub. L. 91-452, title II, 205, 84
Stat. 928; Nov. 1, 1978, Pub. L. 95-562, 3, 92 Stat. 2381.)
Section was formerly classified to section 563 of this title.
1978 -- Subsecs. (b) to (f). Pub. L. 95-562 added subsec. (b) and
redesignated former subsecs. (b) to (e) as (c) to (f), respectively.
1970 -- Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which
related to immunity from prosecution of any natural person compelled to
testify or produce evidence, documentary or otherwise, after claiming
his privilege against self-incrimination.
1956 -- Subsec. (a). Act July 30, 1956, permitted inspection of
accounts, records and memoranda to determine ownership, control, packer,
or State, country, or region of origin in connection with commodity
inspection, and to ascertain whether section 499i of this title is being
complied with, and to permit inspection of lots of perishable
agricultural commodities.
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L.
91-452, set out as an Effective Date; Savings Provision note under
section 6001 of Title 18, Crimes and Criminal Procedure.
Subpoenas, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
Fees of witnesses, see section 1821 of Title 28, Judiciary and
Judicial Procedure.
Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes
and Criminal Procedure.
07 USC 499n. Inspection of perishable agricultural commodities
TITLE 7 -- AGRICULTURE
(a) Employment of inspectors; fees and expenses; inspection
certificate as evidence
The Secretary is authorized, independently and in cooperation with
other branches of the Government, State, or municipal agencies and/or
any person, whether operating in one or more jurisdictions, to employ
and/or license inspectors to inspect and certify, without regard to the
filing of a complaint under this chapter, to any interested person the
class, quality, and/or condition of any lot of any perishable
agricultural commodity when offered for interstate or foreign shipment
or when received at places where the Secretary shall find it practicable
to provide such service, under such rules and regulations as he may
prescribe, including the payment of such fees and expenses as will be
reasonable and as nearly as may be to cover the cost for the service
rendered: Provided, That fees for inspections made by a licensed
inspector, less the percentage thereof which he is allowed by the terms
of his contract of employment with the Secretary as compensation for his
services, shall be deposited into the Treasury of the United States as
miscellaneous receipts; and fees for inspections made by an inspector
acting under a cooperative agreement with a State, municipality, or
other person shall be disposed of in accordance with the terms of such
agreement: Provided further, That expenses for travel and subsistence
incurred by inspectors shall be paid by the applicant for inspection to
the United States Department of Agriculture to be credited to the
appropriation for carrying out the purposes of this chapter: And
provided further, That official inspection certificates for fresh fruits
and vegetables issued by the Secretary of Agriculture pursuant to any
law shall be received by all officers and all courts of the United
States, in all proceedings under this chapter, and in all transactions
upon contract markets under Commodities Exchange Act (7 U.S.C. 1 et
seq.), as prima-facie evidence of the truth of the statements therein
contained.
(b) Issuance of fraudulent certificates; penalties
Whoever shall falsely make, issue, alter, forge, or counterfeit, or
cause or procure to be falsely made, issued, altered, forged, or
counterfeited, or willingly aid, cause, procure or assist in, or be a
party to the false making, issuing, altering, forging, or counterfeiting
of any certificate of inspection issued under authority of this chapter,
sections 491, 493 to 497 of this title, or any Act making appropriations
for the Department of Agriculture; or shall utter or publish as true or
cause to be uttered or published as true any such false, forged,
altered, or counterfeited certificate, for a fraudulent purpose, shall
be guilty of a misdemeanor and upon conviction shall be punished by a
fine of not more than $500 or by imprisonment for a period of not more
than one year, or both, at the discretion of the court.
(June 10, 1930, ch. 436, 14, 46 Stat. 537; Apr. 13, 1934, ch. 120,
15, 48 Stat. 588; Aug. 20, 1937, ch. 719, 12, 50 Stat. 730; Dec. 13,
1991, Pub. L. 102-237, title X, 1011(7), 105 Stat. 1898.)
The Commodities Exchange Act, referred to in subsec. (a), probably
means act Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, known as
the Commodity Exchange Act, which is classified generally to chapter 1 (
1 et seq.) of this title. For complete classification of this Act to
the Code, see section 1 of this title and Tables.
Section was formerly classified to section 564 of this title.
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''(7 U.S.C. 1 et
seq.)'' for ''(7 U.S.C., Supp. 2, secs. 1 to 17(a))'' and a period for
semicolon at end.
1937 -- Act Aug. 20, 1937, designated existing provisions as subsec.
(a) and, among other changes inserted ''That official inspection
certificates for fresh fruits and vegetables issued by the Secretary of
Agriculture pursuant to any law shall be received by all officers and
all courts of the United States, in all proceedings under this chapter,
and in all transactions upon contract markets under Commodities Exchange
Act'' before ''as prima facie'' in third proviso, and added subsec.
(b).
1934 -- Act Apr. 13, 1934, inserted ''and in all proceedings under
this chapter'' after ''United States'' in third proviso.
Pub. L. 99-198, title XVII, 1704, Dec. 23, 1985, 99 Stat. 1635,
provided that: ''The Secretary of Agriculture shall perform random spot
checks of potatoes entering through ports of entry in the northeastern
United States. The Secretary of Agriculture shall report to the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives the results of
such spot checks.''
Subpoenas, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
Fees of witnesses, see section 1821 of Title 28, Judiciary and
Judicial Procedure.
Investigation and certification of condition of agricultural products
shipped in interstate commerce, see section 1622 of this title.
07 USC 499o. Rules, regulations, and orders; appointment, removal,
and compensation of officers and employees; expenditures;
authorization of appropriations; abrogation of inconsistent statutes
TITLE 7 -- AGRICULTURE
The Secretary may make such rules, regulations, and orders as may be
necessary to carry out the provisions of this chapter, 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; 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,
lawbooks, 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
chapter in the District of Columbia and elsewhere, from the Perishable
Agricultural Commodities Act fund provided for by section 499c(b) of
this title and any supplements to such fund, and as may be appropriated
for by Congress; and there is authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, such sums as may be
necessary for such purposes. This chapter shall not abrogate nor
nullify any other statute, whether State or Federal, dealing with the
same subjects of this chapter; but it is intended that all such
statutes shall remain in full force and effect except insofar only as
they are inconsistent herewith or repugnant hereto.
(June 10, 1930, ch. 436, 15, 46 Stat. 537; June 15, 1950, ch. 254,
3, 64 Stat. 218.)
Section was formerly classified to section 565 of this title.
1950 -- Act June 15, 1950, provided for payment of administrative
costs out of fund and any supplements thereto as well as by
Congressional appropriations.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
07 USC 499p. Liability of licensees for acts and omissions of agents
TITLE 7 -- AGRICULTURE
In construing and enforcing the provisions of this chapter, the act,
omission, or failure of any agent, officer, or other person acting for
or employed by any commission merchant, dealer, or broker, within the
scope of his employment or office, shall in every case be deemed the
act, omission, or failure of such commission merchant, dealer, or broker
as that of such agent, officer, or other person.
(June 10, 1930, ch. 436, 16, 46 Stat. 538.)
Section was formerly classified to section 566 of this title.
07 USC 499q. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the chapter and of the application of such provision to other persons
and circumstances shall not be affected thereby.
(June 10, 1930, ch. 436, 17, 46 Stat. 538.)
Section was formerly classified to section 567 of this title.
07 USC 499r. Repealed. Pub. L. 102-237, title X, 1011(8), Dec. 13,
1991, 105 Stat. 1898
TITLE 7 -- AGRICULTURE
Section, act June 10, 1930, ch. 436, 18, 46 Stat. 538, provided
for short title of chapter. See section 499a(a) of this title.
07 USC 499s. Depositing appropriations in fund
TITLE 7 -- AGRICULTURE
Any unexpended balances of appropriations for the current fiscal
year, and any subsequent appropriations, made to carry out the Acts
referred to in section 499c(b) of this title, may be deposited in the
Perishable Agricultural Commodities Act fund.
(June 10, 1930, ch. 436, 19, as added June 15, 1950, ch. 254, 4, 64
Stat. 218.)
The Acts referred to in section 499c(b) of this title, referred to in
text, are the Perishable Agricultural Commodities Act, 1930, and the Act
to prevent the destruction or dumping of farm produce, act Mar. 3,
1927, ch. 309, 44 Stat. 1355, which are classified, respectively, to
this chapter ( 499a et seq.) and chapter 20 ( 491 et seq.) of this
title.
07 USC 499t. Omitted
TITLE 7 -- AGRICULTURE
Section, act June 10, 1930, ch. 436, 20, as added Aug. 22, 1988,
Pub. L. 100-414, 2, 102 Stat. 1102, established Perishable
Agricultural Commodities Act Industry Advisory Committee, provided for
its membership, compensation, etc., directed advisory committee to
review Perishable Agricultural Commodities Act program and to make
findings and recommendations to Congress and Secretary of Agriculture
with respect to future operations of program, with an interim report not
later than Sept. 30, 1989, and a final report not later than May 1,
1990, containing results of its review and recommendations, and provided
that advisory committee cease to exist on date of its final report.
07 USC CHAPTER 21 -- TOBACCO STATISTICS
TITLE 7 -- AGRICULTURE
Sec.
501. Collection and publication; facts required; deteriorated
tobacco.
502. Standards for classification; returns and blanks.
503. Reports; necessity; by whom made; penalties.
504. ''Person'' defined.
505. Access to internal-revenue records.
506. Returns under oath; administration.
507. Limitation on use of statistical information.
508. Separability.
509. Reporting requirements relating to tobacco.
(a) In general.
(b) Special rule.
(c) Exceptions.
(d) Scope.
(e) Reports.
(f) Penalty.
(g) Confidentiality of information.
07 USC 501. Collection and publication; facts required; deteriorated
tobacco
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to collect
and publish statistics of the quantity of leaf tobacco in all forms in
the United States and Puerto Rico, owned by or in the possession of
dealers, manufacturers, quasi-manufacturers, growers' cooperative
associations, warehousemen, brokers, holders, or owners, other than the
original growers of tobacco. The statistics shall show the quantity of
tobacco in such detail as to types, groups of grades, and such other
subdivisions as to quality, color, and/or grade for particular types, as
the Secretary of Agriculture shall deem to be practical and necessary
for the purposes of this chapter, shall be summarized as of January 1,
April 1, July 1, and October 1 of each year, and an annual report on
tobacco statistics shall be issued: Provided, That the Secretary of
Agriculture shall not be required to collect statistics of leaf tobacco
from any manufacturer of tobacco who, in the first three quarters of the
preceding calendar year, according to the returns of the Commissioner of
Internal Revenue or the record of the Treasurer of Puerto Rico,
manufactured less than thirty-five thousand pounds of tobacco, or from
any manufacturer of cigars who, during the first three quarters of the
preceding calendar year, manufactured less than one hundred and
eighty-five thousand cigars, or from any manufacturer of cigarettes who,
during the first three quarters of the preceding year, manufactured less
than seven hundred and fifty thousand cigarettes: And provided further,
That the Secretary of Agriculture may omit the collection of statistics
from any dealer, manufacturer, growers' cooperative association,
warehouseman, broker, holder, or owner who does not own and/or have in
stock, in the aggregate, fifty thousand pounds or more of leaf tobacco
on the date as of which the reports are made. For the purposes of this
chapter, any tobacco which has deteriorated on account of age or other
causes to the extent that it is not merchantable or is unsuitable for
use in manufacturing tobacco products shall be classified with other
nondescript tobacco and reported in the ''N'' group of the type to which
it belongs.
(Jan. 14, 1929, ch. 69, 1, 45 Stat. 1079; July 14, 1932, ch. 480,
1, 47 Stat. 662; Aug. 27, 1935, ch. 749, 1, 49 Stat. 893.)
1935 -- Act Aug. 27, 1935, inserted ''and Puerto Rico'' after
''United States'', substituted ''seven hundred and fifty thousand
cigarettes'' for ''one million cigarettes'' before second proviso and
inserted second proviso.
1932 -- Act July 14, 1932, substituted ''thirty-five'' for ''fifty''
and ''one hundred and eighty-five thousand cigars'' and ''one million''
for ''seven hundred and fifty thousand cigarettes''.
''Porto Rico'' changed to ''Puerto Rico'' by act May 17, 1932, ch.
190, 47 Stat. 158.
Section 4 of act Aug. 27, 1935, which amended this section and
sections 502 and 505 of this title, provided as follows: ''If any
provision of this act, or the application of such provision to any
person or circumstances, is held invalid, the remainder of the act and
the application of such provisions to persons or circumstances other
than those as to which it is held invalid, shall not be affected
thereby.''
07 USC 502. Standards for classification; returns and blanks
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall establish standards for the
classification of leaf tobacco, and he is authorized to demonstrate such
standards, to prepare and distribute samples thereof, and to make
reasonable charges therefor. He shall specify the types, groups of
grades, qualities, colors, and/or grades, which shall be included in the
returns required by this chapter. The Secretary of Agriculture shall
prepare appropriate blanks upon which the returns shall be made, shall,
upon request, furnish copies to persons who are required by this chapter
to make returns, and such returns shall show the types, groups of
grades, qualities, colors, and/or grades and such other information as
the Secretary may require.
(Jan. 14, 1929, ch. 69, 2, 45 Stat. 1079; Aug. 27, 1935, ch. 749,
2, 49 Stat. 894.)
1935 -- Act Aug. 27, 1935, inserted ''and such returns shall show
the types, groups of grades, qualities, colors, and/or grades and such
other information as the Secretary may require'' in last sentence.
07 USC 503. Reports; necessity; by whom made; penalties
TITLE 7 -- AGRICULTURE
It shall be the duty of every dealer, manufacturer,
quasi-manufacturer, growers' cooperative association, warehouseman,
broker, holder, or owner, other than the original grower, except such
persons as are excluded by the proviso to section 501 of this title, to
furnish within fifteen days after January 1, April 1, July 1, and
October 1 of each year, completely and correctly, to the best of his
knowledge, a report of the quantity of leaf tobacco on hand, segregated
in accordance with the blanks furnished by the Secretary of Agriculture.
Any person, firm, association, or corporation required by this chapter
to furnish a report, and any officer, agent, or employee thereof who
shall refuse or willfully neglect to furnish any of the information
required by this chapter, or shall willfully give answers that are false
or misleading, shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than $300 or more than $1,000, or
imprisoned not more than one year, or both.
(Jan. 14, 1929, ch. 69, 3, 45 Stat. 1080; July 14, 1932, ch. 480,
2, 47 Stat. 663.)
1932 -- Act July 14, 1932, made quasi-manufacturers subject to
section.
07 USC 504. ''Person'' defined
TITLE 7 -- AGRICULTURE
The word ''person'' as used in this chapter shall be held to embrace
also any partnership, corporation, association, or other legal entity.
(Jan. 14, 1929, ch. 69, 4, 45 Stat. 1080.)
07 USC 505. Access to internal-revenue records
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall have access to the tobacco records
of the Commissioner of Internal Revenue and of the several collectors of
internal revenue for the purpose of obtaining lists of the persons
subject to this chapter and for the purpose of aiding the collection of
the information herein required, and the Commissioner of Internal
Revenue and the several collectors of internal revenue shall cooperate
with the Secretary of Agriculture in effectuating the provisions of this
chapter.
(Jan. 14, 1929, ch. 69, 5, 45 Stat. 1080; Aug. 27, 1935, ch. 749,
3, 49 Stat. 894.)
1935 -- Act Aug. 27, 1935, reenacted section without change.
Offices of Internal Revenue Collector and Deputy Collector abolished
by 1952 Reorg. Plan No. 1, 1, eff. Mar. 14, 1952, 17 F.R. 2243, 66
Stat. 823, set out in the Appendix to Title 5, Government Organization
and Employees, and by section 2 thereof a new office of district
commissioner of internal revenue was established. Section 4 of the Plan
transferred all functions, that had been vested by statute in any
officer or employee of Bureau of Internal Revenue since effective date
of 1950 Reorg. Plan No. 26, 1, 2, 15 F.R. 4935, 64 Stat. 1280,
1281, to Secretary of the Treasury.
Functions of all officers of Department of the Treasury, and
functions of all agencies and employees of Department, transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions, by any of those officers, agencies, and employees, by 1950
Reorg. Plan No. 26, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Commissioner of Internal Revenue, referred
to in text, is an officer of Department of the Treasury.
07 USC 506. Returns under oath; administration
TITLE 7 -- AGRICULTURE
The returns provided for in this chapter shall be made under oath
before a collector or deputy collector of internal revenue, a
postmaster, assistant postmaster, or anyone authorized to administer
oaths by State or Federal law.
(Jan. 14, 1929, ch. 69, 6, 45 Stat. 1080.)
See note under section 505 of this title.
Authorization to administer oaths, see section 7622 of Title 26,
Internal Revenue Code.
Notary public authorized to take oath, see section 2903 of Title 5,
Government Organization and Employees, and section 636 of Title 28,
Judiciary and Judicial Procedure.
07 USC 507. Limitation on use of statistical information
TITLE 7 -- AGRICULTURE
The information furnished under the provisions of this chapter shall
be used only for the statistical purposes for which it is supplied. No
publication shall be made by the Secretary of Agriculture whereby the
data furnished by any particular establishment can be identified, nor
shall the Secretary of Agriculture permit anyone other than the sworn
employees of the Department of Agriculture to examine the individual
reports.
(Jan. 14, 1929, ch. 69, 7, 45 Stat. 1080.)
07 USC 508. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter is declared unconstitutional or the
applicability thereof to any person or circumstance is held invalid, the
validity of the remainder of said sections and the applicability of such
provisions to other persons and circumstances shall not be affected
thereby.
(Jan. 14, 1929, ch. 69, 9, 45 Stat. 1080.)
07 USC 509. Reporting requirements relating to tobacco
TITLE 7 -- AGRICULTURE
(a) In general
Not later than 60 days after the export of tobacco or a tobacco
product not described in subsection (b) of this section, the exporter of
such tobacco or tobacco product shall prepare a report containing the
records relating to such export and submit such report to the Secretary
of Agriculture.
(b) Special rule
Manufacturers of tobacco products shall prepare and maintain records
on all finished cigarettes and cigarette ready tobacco. Information
contained in such records shall be aggregated on a quarterly basis,
certified as accurate by the entity preparing such aggregation, and
submitted to the Secretary of Agriculture as provided for in this
section. Tobacco manufacturers shall maintain records utilized to
prepare the aggregation for a period of 5 years.
(c) Exceptions
The reporting and recordkeeping requirements of this section shall
not apply with respect to cigars, cigar tobaccos, pipe tobacco, chewing
tobacco in retail packaging, and snuff in retail packaging. In order to
qualify for the exception under this subsection, the tobacco must have a
certification that its end use is for cigars, cigar tobacco, pipe
tobacco, chewing tobacco in retail packaging, or snuff in retail
packaging.
(d) Scope
Records maintained under this section shall include the crop year,
grade, type, country of origin, poundage, and such other information
relating to the tobacco products as the Secretary determines
appropriate.
(e) Reports
Records, reports, and aggregations submitted to the Secretary of
Agriculture under this section shall be provided by the Secretary to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, in a
timely manner.
(f) Penalty
Any exporter who violates the provisions of this section with respect
to the provision of false information or the failure to provide required
information shall be subject to section 1001 of title 18 for each such
violation.
(g) Confidentiality of information
The personally identifiable information contained in reports under
this section may be withheld in accordance with section 552(b)(4) of
title 5. Any officer or employee of the Department of Agriculture who
knowingly discloses confidential information as defined by section 1905
of title 18 shall be subject to section 1905 of title 18. Nothing in
this subsection shall be construed to authorize the withholding of
information from Congress.
(Pub. L. 98-180, title II, 214, as added Pub. L. 101-624, title XV,
1557, Nov. 28, 1990, 104 Stat. 3699; amended Pub. L. 102-237, title
III, 337, Dec. 13, 1991, 105 Stat. 1859.)
Section was enacted as part of the Tobacco Adjustment Act of 1983,
and not as part of act Jan. 14, 1929, ch. 69, which comprises this
chapter.
1991 -- Subsecs. (c) to (g). Pub. L. 102-237 added subsec. (c) and
redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
07 USC CHAPTER 21A -- TOBACCO INSPECTION
TITLE 7 -- AGRICULTURE
Sec.
511. Definitions.
511a. Declaration of purpose.
511b. Official standards for classification; tentative standards;
modification.
511c. Demonstration of official standards; samples; cost.
511d. Designation of markets; manner; inspection and related
services; fees and charges.
511e. Sampling and weighing; cost; disposition of moneys received;
expenses; purpose.
511f. Reinspection and appeal inspection; certificate as evidence.
511g. Placing of grade on warehouse tickets, etc.; form.
511h. Publication of information relating to tobacco.
511i. Offenses.
511j. Publication of violations.
511k. Penalty for violations.
511l. Act of agent as that of principal.
511m. Regulation; hearings; employees; expenditures;
authorization of appropriations.
511n. Hearings; examination of witnesses; refusal to testify or
produce evidence.
511o. Separability.
511p. Delegation of duties by Secretary of Agriculture.
511q. Short title.
511r. Imported tobacco.
(a) Inspection for grade and quality; exception.
(b) Establishment of grade and quality standards.
(c) Certification necessary for excepted tobacco; false statements.
(d) Place of inspection; fees and charges.
(e) Tobacco pesticide residues; certification, etc., requirements.
(f) End users of imported tobacco; certification, identification,
etc., requirements.
07 USC 511. Definitions
TITLE 7 -- AGRICULTURE
When used in this chapter --
(a) ''Person'' includes partnerships, associations, and corporations,
as well as individuals.
(b) ''Secretary'' means the Secretary of Agriculture of the United
States.
(c) ''Inspector'' means any person employed, licensed, or authorized
by the Secretary to determine and certify the type, grade condition, or
other characteristics of tobacco.
(d) ''Sampler'' means any person employed, licensed, or authorized by
the Secretary to select, tag, and seal official samples of tobacco.
(e) ''Weigher'' means any person employed, licensed, or authorized by
the Secretary to weight and certify the weight of tobacco.
(f) ''Tobacco'' means tobacco in its unmanufactured form.
(g) ''Auction market'' means a market or place to which tobacco is
delivered by the producers thereof, or their agents, for sale at auction
through a warehouseman or commission merchant.
(h) Words in the singular form shall be deemed to import the plural
form when necessary.
(i) ''Commerce'' means commerce between any State, Territory, or
possession, or the District of Columbia, and any place outside thereof;
or between points within the same State, Territory, or possession, or
the District of Columbia, but through any place outside thereof; or
within any Territory or possession, or the District of Columbia. For
the purposes of this chapter (but not in any wise limiting the foregoing
definition) a transaction in respect to tobacco shall be considered to
be in commerce if such tobacco is part of that current of commerce usual
in the tobacco industry whereby tobacco or products manufactured
therefrom are sent from one State with the expectation that they will
end their transit, after purchase, in another, including, in addition to
cases within the above general description, all cases where purchase or
sale is either for shipment to another State or for manufacture within
the State and the shipment outside the State of the products resulting
from such manufacture. Tobacco normally in such current of commerce
shall not be considered out of such current through resort being had to
any means or device intended to remove transactions in respect thereto
from the provisions of this chapter. For the purpose of this paragraph
the word ''State'' includes Territory, the District of Columbia,
possession of the United States, and foreign nations.
(Aug. 23, 1935, ch. 623, 1, 49 Stat. 731.)
07 USC 511a. Declaration of purpose
TITLE 7 -- AGRICULTURE
Transactions in tobacco involving the sale thereof at auction as
commonly conducted at auction markets are affected with a public
interest; such transactions are carried on by tobacco producers
generally and by persons engaged in the business of buying and selling
tobacco in commerce; the classification of tobacco according to type,
grade, and other characteristics affect the prices received therefor by
producers; without uniform standards of classification and inspection
the evaluation of tobacco is susceptible to speculation, manipulation,
and control, and unreasonable fluctuations in prices and quality
determinations occur which are detrimental to producers and persons
handling tobacco in commerce; such fluctuations constitute a burden
upon commerce and make the use of uniform standards of classification
and inspection imperative for the protection of producers and others
engaged in commerce and the public interest therein.
(Aug. 23, 1935, ch. 623, 2, 49 Stat. 731.)
07 USC 511b. Official standards for classification; tentative
standards; modification
TITLE 7 -- AGRICULTURE
The Secretary is authorized to investigate the sorting, handling,
conditioning, inspection, and marketing of tobacco from time to time,
and to establish standards for tobacco by which its type, grade, size,
condition, or other characteristics may be determined, which standards
shall be the official standards of the United States, and shall become
effective immediately or upon a date specified by the Secretary:
Provided, That the Secretary may issue tentative standards for tobacco
prior to the establishment of official standards therefor, and he may
modify any standards established under authority of this chapter
whenever, in his judgment, such action is advisable.
(Aug. 23, 1935, ch. 623, 3, 49 Stat. 732.)
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
07 USC 511c. Demonstration of official standards; samples; cost
TITLE 7 -- AGRICULTURE
The Secretary is authorized to demonstrate the official standards;
to prepare and distribute, upon request, samples, illustrations, or sets
thereof; and to make reasonable charges therefore: Provided, That in
no event shall charges be in excess of the cost of said samples,
illustrations, and services so rendered.
(Aug. 23, 1935, ch. 623, 4, 49 Stat. 732.)
07 USC 511d. Designation of markets; manner; inspection and related
services; fees and charges
TITLE 7 -- AGRICULTURE
The Secretary is authorized to designate those auction markets where
tobacco bought and sold thereon at auction, or the products customarily
manufactured therefrom, moves in commerce. Before any market is
designated by the Secretary under this section he shall determine by
referendum the desire of tobacco growers who sold tobacco at auction on
such market during the preceding marketing season. The Secretary may at
his discretion hold one referendum for two or more markets or for all
markets in a type area. No market or group of markets shall be
designated by the Secretary unless two-thirds of the growers voting
favor it. The Secretary shall have access to the tobacco records of the
Collector of Internal Revenue and of the several collectors of internal
revenue for the purpose of obtaining the names and addresses of growers
who sold tobacco on any auction market, and the Secretary shall
determine from said records the eligibility of such grower to vote in
such referendum, and no grower shall be eligible to vote in more than
one referendum. After public notice of not less than thirty days that
any auction market has been so designated by the Secretary, no tobacco
shall be offered for sale at auction on such market until it shall have
been inspected and certified by an authorized representative of the
Secretary according to the standards established under this chapter,
except that the Secretary may temporarily suspend the requirement of
inspection and certification at any designated market whenever he finds
it impracticable to provide for such inspection and certification
because competent inspectors are not obtainable or because the quantity
of tobacco available for inspection is insufficient to justify the cost
of such service: Provided, That, in the event competent inspectors are
not available, or for other reasons, the Secretary is unable to provide
for such inspection and certification at all auction markets within a
type area, he shall first designate those auction markets where the
greatest number of growers may be served with the facilities available
to him. The Secretary shall by regulation fix and collect fees and
charges for inspection and certification, the establishment of
standards, and other services under this section at designated auction
markets. The fees and charges authorized by this section shall, as
nearly as practicable, cover the costs of the services, including the
administrative and supervisory costs customarily included by the
Secretary in user fee calculations. The fees and charges, late payment
penalties, and interest earned from the investment of such funds, when
collected, shall be credited to the current appropriation account that
incurs the cost and shall be available without fiscal year limitation to
pay the expenses of the Secretary incident to providing services under
this chapter. Any funds realized from the collection of fees or charges
authorized under this section and section 511e of this title and
credited to the current appropriation account incurring the cost of
services provided under this section and section 511e of this title,
late payment penalties, and interest earned from the investment of 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. Any income realized from this activity may be used to
pay the expenses of the Secretary of Agriculture incident to providing
services under this chapter or reinvested in the manner authorized in
the preceding sentence. The fees and charges authorized in this section
shall be assessed against the warehouse operator, irrespective of
ownership or interest in the tobacco, and shall be collected by the
warehouse operator from the sellers of the tobacco. The inspection and
related services under this section shall be suspended or denied if the
warehouse operator fails to collect or otherwise pay the fees and
charges imposed under this section. Tobacco inspection or certification
services provided to designated auction markets shall take precedence
over such services, other than reinspection, requested under the
authority contained in section 511e of this title or any other provision
of law. In accordance with the Federal Advisory Committee Act, the
Secretary shall establish a national advisory committee of tobacco
producers, and advisory subcommittees for each major kind of tobacco, to
advise the Secretary with regard to the level of inspection and related
services and the fees and charges therefor. The advisory committee and
subcommittees established under this section shall be of permanent
duration. The committees shall meet at the call of the Secretary.
(Aug. 23, 1935, ch. 623, 5, 49 Stat. 732; Aug. 13, 1981, Pub. L.
97-35, title I, 157(a)(1), 95 Stat. 374; Apr. 7, 1986, Pub. L.
99-272, title I, 1111, 100 Stat. 99.)
The Federal Advisory Committee Act, referred to in text, is Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in
the Appendix to Title 5, Government Organization and Employees.
1986 -- Pub. L. 99-272 inserted ''late payment penalties, and
interest earned from the investment of such funds,'' in ninth sentence,
substituted ''The fees and charges authorized in this section shall be
assessed'' for ''Such fees and charges shall be assessed'', and inserted
provision relating to the investment of any funds realized from
collection of fees or charges in insured or fully collateralized,
interest-bearing accounts or in United States Government debt
instruments, the income therefrom to be used to pay expenses incident to
providing services under this chapter or reinvested.
1981 -- Pub. L. 97-35 substituted provisions requiring the Secretary
to fix and collect fees and charges for inspection, certification,
establishment of standards, and other services at designated auction
markets, for provisions prohibiting imposition or collection of fees or
charges for inspection or certification at markets.
Section 157(b) of Pub. L. 97-35 provided that: ''The provisions of
this section (amending this section and section 511e of this title)
shall become effective October 1, 1981.''
Offices of Internal Revenue Collector and Deputy Collector abolished
by 1952 Reorg. Plan No. 1, 1, eff. Mar. 14, 1952, 17 F.R. 2243, 66
Stat. 823, set out in the Appendix to Title 5, Government Organization
and Employees, and by section 2 thereof a new office of district
commissioner of internal revenue established. Section 4 of the Plan
transferred all functions, that had been vested by statute in any
officer or employee of Bureau of Internal Revenue since effective date
of 1950 Reorg. Plan No. 26, 1, 2, 15 F.R. 4935, 64 Stat. 1280,
1281, to Secretary of the Treasury.
07 USC 511e. Sampling and weighing; cost; disposition of moneys
received; expenses; purpose
TITLE 7 -- AGRICULTURE
The Secretary, independently or in cooperation with other branches of
the Government, State agencies, or persons whether operating in one or
more jurisdictions, is authorized to employ and/or license competent
persons as samplers to take official samples of tobacco, or as weighers
to weigh and certify the weight of tobacco, or as inspectors of tobacco
to determine and certify, upon the request of the owner or other
financially interested person, the type, grade, weight, condition,
and/or such other facts as the Secretary may deem necessary.
The Secretary shall fix and collect such fees or charges in the
administration of this section as will cover, as nearly as practicable,
the costs of the services provided, including administrative and
supervisory costs. Such fees and charges shall be credited to the
account referred to in section 511d of this title. Fees or charges
collected under an agreement with a State, municipality, or person, or
by an individual licensed to inspect or weight or sample tobacco under
this chapter, may be disposed of in accordance with the terms of such
agreement or license. Charges for expenses for travel and subsistence
incurred by inspectors or weighers or samplers employed by the Secretary
when required to be paid by the applicant for service, may be credited
to the appropriation, or any other funds authorized in this chapter from
which they were paid.
This section is intended merely to provide for the furnishing of
services upon request of the owner or other person financially
interested in tobacco to be sampled, inspected, or weighed and shall not
be construed otherwise.
(Aug. 23, 1935, ch. 623, 6, 49 Stat. 732; Aug. 13, 1981, Pub. L.
97-35, title I, 157(a)(2), 95 Stat. 375.)
1981 -- Pub. L. 97-35 substituted provisions requiring the Secretary
to fix and collect fees and charges to cover cost of services, for
provisions authorizing the Secretary to fix and collect fees and charges
as he deems reasonable and provisions respecting fees or charges
collected under an agreement with a State, etc.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
157(b) of Pub. L. 97-35, set out as a note under section 511d of this
title.
07 USC 511f. Reinspection and appeal inspection; certificate as
evidence
TITLE 7 -- AGRICULTURE
The Secretary shall provide for such reinspection or appeal
inspection of tobacco as he may deem necessary for the confirmation or
reversal of certificates issued under this chapter. Each inspection
certificate issued under this chapter, unless invalidated or superseded
in accordance with the regulations of the Secretary, shall be received
in all courts and by all officers and employees of the United States as
prima facie evidence of the truth of the statements therein contained.
(Aug. 23, 1935, ch. 623, 7, 49 Stat. 733.)
07 USC 511g. Placing of grade on warehouse tickets, etc.; form
TITLE 7 -- AGRICULTURE
Warehousemen shall provide space on warehouse tickets or other tags
or labels used by them for showing the grade of the lot covered thereby
as determined by an authorized tobacco inspector under this chapter.
The Secretary may prescribe, by regulation, the form in which such
certification of grade shall be shown, and may require that a copy of
such warehouse ticket, tag, or label shall be furnished to the
Secretary.
(Aug. 23, 1935, ch. 623, 8, 49 Stat. 733.)
07 USC 511h. Publication of information relating to tobacco
TITLE 7 -- AGRICULTURE
The Secretary is authorized to collect, publish, and distribute, by
telegraph, mail, or otherwise without cost to the grower, timely
information on the market supply and demand, location, disposition,
quality, condition, and market prices for tobacco.
(Aug. 23, 1935, ch. 623, 9, 49 Stat. 733.)
07 USC 511i. Offenses
TITLE 7 -- AGRICULTURE
It shall be unlawful --
(a) For any person to use the words ''United States'',
''Government'', or ''Federal'' or any abbreviation thereof, in, or in
connection with, any statement relating to the grade of tobacco when
such grade is not, in fact, one of the grades for tobacco according to
the standards of the United States.
(b) For any person falsely to make, issue, alter, forge, or
counterfeit, or aid, cause, procure, or assist in or be a party to the
false making, issuing, altering, forging, or counterfeiting of any
certificate, stamp, tag, seal, label, or other writing purporting to be
issued or authorized under this chapter.
(c) For any person, not an authorized inspector under this chapter,
to issue a certificate or report stating the type, grade, size, or
condition of any lot of tobacco to be in accordance with the standards
of the United States therefor which is of such color, size, arrangement,
or wording as to be mistaken for a certificate issued under this
chapter, unless such certificate states in prominent letters in its
heading that it is not issued under authority of the United States.
(d) For any person employed, designated, or licensed by the Secretary
as an inspector, sampler, or weigher of tobacco under this chapter
knowingly to inspect, sample, or weigh improperly, or to issue any false
certificate under this chapter, or to accept money or other
consideration, directly or indirectly, for any neglect or improper
performance of duty as an inspector, sampler or weigher.
(e) For any person improperly to influence or to attempt improperly
to influence or forcibly to assault, resist, impede, or interfere with
any inspector, sampler, weigher, or other person employed, designated,
or licensed by the Secretary in the execution of his duties under this
chapter: Provided, however, That nothing herein shall operate to
prevent the owner of tobacco from appealing or protesting, in accordance
with regulations of the Secretary, the grade certified for his tobacco.
(f) For any person falsely to represent or otherwise indicate that he
is authorized by the Secretary to inspect, sample, or weigh tobacco
under this chapter.
(g) For any person to substitute, or attempt to substitute, following
inspection or sampling or weighing under this chapter, other tobacco for
tobacco actually inspected or sampled or weighed, or in the case of
tobacco inspected in auction warehouses for any person not so authorized
by the Secretary to remove any certificate of grade from any lot of
tobacco prior to the sale of such lot.
(h) For any person falsely to represent that tobacco has been
inspected, sampled, or weighed under this chapter; or knowingly to have
made any false representation concerning tobacco inspected under this
chapter; or knowing that tobacco is to be offered for inspection or
sampling under this chapter to load, pack, or arrange such tobacco in
such manner as knowingly to conceal foreign matter or tobacco of
inferior grade, quality, or condition; or for any person knowing that
tobacco has been so loaded, packed, or arranged, to offer it for
inspection or sampling without disclosing such knowledge to the
inspector or sampler before inspection or sampling.
(i) For any person willfully to alter an official sample of tobacco
by removing or plucking leaves or otherwise, or for any person knowing
that an official sample of tobacco has been so altered, thereafter to
represent such sample as an official sample.
(Aug. 23, 1935, ch. 623, 10, 49 Stat. 733.)
07 USC 511j. Publication of violations
TITLE 7 -- AGRICULTURE
The Secretary is authorized to publish the facts regarding any
violation of this chapter.
(Aug. 23, 1935, ch. 623, 11, 49 Stat. 734.)
07 USC 511k. Penalty for violations
TITLE 7 -- AGRICULTURE
Any person violating any provision of sections 511d and 511i of this
title shall be guilty of a misdemeanor and upon conviction thereof shall
be fined not more than $1,000, or imprisoned not more than one year, or
both.
(Aug. 23, 1935, ch. 623, 12, 49 Stat. 734.)
07 USC 511l. Act of agent as that of principal
TITLE 7 -- AGRICULTURE
In construing and enforcing the provisions of this chapter; /1/ the
act; /1/ omission, or failure of any agent, officer, or other person
acting for or employed by an association, partnership, corporation, or
firm, within the scope of his employment or office, shall be deemed to
be the act, omission, or failure of the association, partnership,
corporation, or firm, as well as that of the person.
(Aug. 23, 1935, ch. 623, 13, 49 Stat. 734.)
/1/ So in original. The semicolon probably should be a comma.
07 USC 511m. Regulation; hearings; employees; expenditures;
authorization of appropriations
TITLE 7 -- AGRICULTURE
The Secretary is authorized to make such rules and regulations and
hold such hearings as he may deem necessary to effectuate the purposes
of this chapter and may cooperate with any other Department or agency of
the Government; any State, territory, district, or possession, or
department, agency, or political subdivision thereof; purchasing and
consuming organizations, boards of trade, chambers of commerce, or other
associations of business men or trade organizations; or any person,
whether operating in one or more jurisdictions in carrying on the work
herein authorized; and he shall have the power to appoint, suspend,
remove, and fix the compensation of all officers, employees, and
licensees not in conflict with existing law, except that inspectors and
supervisors employed thereunder on a seasonal basis and working for
periods of six months or less during any twelve-month period may be
appointed without reference to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5. The Secretary is authorized to
make such expenditures for rent outside of the District of Columbia,
printing, binding, telegrams, telephones, books of reference,
publications, furniture, stationery, office and laboratory equipment,
travel, tobacco for use in preparing and demonstrating standards, and
other supplies and expenses, including reporting services, as shall be
necessary to the administration of this chapter in the District of
Columbia and elsewhere, and as may be appropriated for by Congress; and
there is authorized to be appropriated, out of any money in the Treasury
not otherwise appropriated, such sums as may be necessary for
administering this chapter.
(Aug. 23, 1935, ch. 623, 14, 49 Stat. 734; Oct. 28, 1949, ch. 782,
title II, 202(28), title XI, 1106(a), 63 Stat. 956, 972.)
''Chapter 51 and subchapter III of chapter 53 of title 5''
substituted in text for ''the Classification Act of 1949'' on authority
of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and Employees.
1949 -- Act Oct. 28, 1949, substituted ''Classification Act of
1949'' for ''Classification Act of 1923''.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
07 USC 511n. Hearings; examination of witnesses; refusal to testify
or produce evidence
TITLE 7 -- AGRICULTURE
In carrying on the work authorized in this chapter, the Secretary, or
any officer or employee designated by him for such purpose, shall have
power to hold hearings, administer oaths, sign and issue subpenas,
examine witnesses, and require the production of books, records,
accounts, memoranda, and papers. Upon refusal by any person to appear,
testify, or produce books, records, accounts, memoranda, and papers in
response to a subpena, the proper United States district court shall
have power to compel obedience thereto.
(Aug. 23, 1935, ch. 623, 15, 49 Stat. 735.)
Subpena, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
07 USC 511o. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstance is held invalid, the validity of the remainder of
the chapter and of the application of such provision to other persons
and circumstances shall not be affected thereby.
(Aug. 23, 1935, ch. 623, 16, 49 Stat. 735.)
07 USC 511p. Delegation of duties by Secretary of Agriculture
TITLE 7 -- AGRICULTURE
Any duties devolving upon the Secretary of Agriculture by virtue of
the provisions of this chapter may with like force and effect be
executed by such officer or officers, agent or agents, of the Department
of Agriculture as the Secretary may designate for the purpose.
(Aug. 23, 1935, ch. 623, 17, 49 Stat. 735.)
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
07 USC 511q. Short title
TITLE 7 -- AGRICULTURE
This chapter may be cited as ''The Tobacco Inspection Act.''
(Aug. 23, 1935, ch. 623, 18, 49 Stat. 735.)
07 USC 511r. Imported tobacco
TITLE 7 -- AGRICULTURE
(a) Inspection for grade and quality; exception
Notwithstanding any other provision of law --
(1) All tobacco offered for importation into the United States,
except tobacco described in paragraph (2), shall be inspected, insofar
as practicable, for grade and quality as tobacco marketed through a
warehouse in the United States is inspected for grade and quality.
(2) Cigar tobacco and oriental tobacco (both as provided for in
chapter 24 of the Harmonized Tariff Schedule of the United States)
offered for importation into the United States shall be accompanied by a
certification by the importer, in such form as the Secretary of
Agriculture may prescribe, stating the kind and type of such tobacco,
and, in the case of cigar tobacco, that such tobacco will be used solely
in the manufacture or production of cigars.
(b) Establishment of grade and quality standards
The Secretary of Agriculture shall establish grade and quality
standards for the purposes of subsection (a)(1) of this section that
are, insofar as practicable, the same as those applicable to tobacco
marketed through a warehouse in the United States.
(c) Certification necessary for excepted tobacco; false statements
Any tobacco described in subsection (a)(2) of this section that is
not accompanied by the certification required by that subsection shall
not be permitted entry into the United States. The provisions of
section 1001 of title 18 shall be applicable with respect to any
certification made by an importer under such subsection.
(d) Place of inspection; fees and charges
The Secretary of Agriculture shall enforce the provisions of
subsection (a) of this section at the point of entry of tobacco offered
for importation into the United States. The Secretary shall by
regulation fix and collect from the importer fees and charges for
inspection under subsection (a)(1) and subsection (e) of this section
which shall, as nearly as practicable, cover the costs of such services,
including the administrative and supervisory costs customarily included
by the Secretary in user fee calculations. The fees and charges, when
collected, shall be credited to the current appropriation account that
incurs the cost and shall be available without fiscal year limitation to
pay the expenses of the Secretary incident to providing services under
subsection (a)(1) of this section, subsection (e) of this section, and
subsection (f) of this section. Any fees collected, late payment
penalties, and interest earned shall be credited to the account referred
to in this section and may be invested by the Secretary of Agriculture
in insured or fully-collateralized interest-bearing accounts or, at the
discretion of the Secretary of Agriculture, by the Secretary of the
Treasury in United States Government debt instruments. Fees and
charges, including late payment penalties, and interest earned from the
investment of such funds shall be credited to the account referred to in
this section.
(e) Tobacco pesticide residues; certification, etc., requirements
Notwithstanding any other provision of law:
(1)(A) All flue-cured or burley tobacco offered for importation into
the United States shall be accompanied by a certification by the
importer, in such form as the Secretary of Agriculture shall prescribe,
that the tobacco does not contain any prohibited residue of any
pesticide that has been cancelled, suspended, revoked, or otherwise
prohibited under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.). Any flue-cured or burley tobacco that is not
accompanied by such certification shall be inspected by the Secretary at
the point of entry to determine whether that tobacco meets the pesticide
residue requirements. Subsection (d) of this section shall apply with
respect to fees and charges imposed to cover the costs of such
inspection.
(B) Any tobacco that is determined by the Secretary not to meet the
pesticide residue requirements shall not be permitted entry into the
United States.
(C) The customs fraud provisions under section 1592 of title 19 and
criminal fraud provisions under section 1001 of title 18 shall apply
with respect to the certification requirement in subparagraph (A).
(2) The Secretary shall by regulation provide for pesticide residue
standards with respect to pesticides that are cancelled, suspended,
revoked, or otherwise prohibited under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), that shall apply
to flue-cured and burley tobacco, whether domestically produced or
imported.
(3) The Secretary, to such extent and at such times as the Secretary
determines appropriate, shall sample and test flue-cured and burley
tobacco offered for importation or for sale in the United States to
determine whether it conforms with the pesticide residue requirements.
The Secretary shall by regulation impose fees and charges for such
inspections.
(4) If the Secretary determines, as a result of tests conducted under
paragraph (3), that certain flue-cured or burley tobacco offered for
importation does not meet the requirements of this subsection, then such
tobacco shall not be permitted entry into the United States.
(5)(A) Subject to subparagraph (B), if the Secretary determines that
domestically produced Flue-cured /1/ or Burley /1/ tobacco does not meet
the requirements of this section, such tobacco may not be moved in
commerce among the States and shall be destroyed by the Secretary.
(B) This paragraph shall apply only to tobacco produced after
December 23, 1985, that receives price support under the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) or the Agricultural Act
of 1949 (7 U.S.C. 1421 et seq.).
(f) End users of imported tobacco; certification, identification,
etc., requirements
(1) The certification required under subsection (e)(1) of this
section shall also include the identification of any and all end users
of such tobacco of which the importer has knowledge. Any flue cured /2/
or burley tobacco permitted entry into the United States must be
accompanied by a written identification of any and all end users of such
tobacco. In cases in which the importer has no knowledge of the
identity of an end user, the importer shall identify any and all
purchasers to whom the importer expects to transfer such imported
tobacco. The importer shall file with the Department of Agriculture an
amended statement if, at any time after the time of entry of such
tobacco imports, the importer has knowledge of any additional purchaser
or end user. In those cases in which the importer has not identified
all end users of such imported tobacco, the Secretary of Agriculture
shall take all steps available to ascertain the identity of any and all
such end users, including requesting such information from purchasers of
such imported tobacco. Domestic purchasers of imported tobacco shall be
required to supply any relevant information to the Department of
Agriculture upon demand under this subsection.
(2) The Secretary shall provide to the Senate Committee on
Agriculture, Nutrition, and Forestry, and the House Committee on
Agriculture, on or before April 1, 1986, a report on the implementation
of this authority to identify each end user and purchaser of imported
tobacco. Such report shall identify the end users and purchasers of
imported tobacco and the quantity, in pounds, bought by such end user or
purchaser, as well as all steps taken by the Department of Agriculture
to ascertain such identities. The Secretary shall provide an additional
report, beginning November 15, 1986, and annual reports thereafter, on
the implementation of this authority.
(3) As used in this subsection, the term ''end user of imported
tobacco'' means --
(A) a domestic manufacturer of cigarettes or other tobacco products;
(B) an entity that mixes, blends, processes, alters in any manner, or
stores, imported tobacco for export; and
(C) any other individual that the Secretary may identify as making
use of imported tobacco for the production of tobacco products.
(4) Subsection (d) of this section shall apply with respect to fees
and charges imposed to cover the costs of such end user identification,
certification, and reporting activities.
(Pub. L. 98-180, title II, 213, Nov. 29, 1983, 97 Stat. 1149; Pub.
L. 99-198, title XI, 1161, 1166, Dec. 23, 1985, 99 Stat. 1498, 1501;
Pub. L. 100-418, title I, 1214(b), Aug. 23, 1988, 102 Stat. 1156;
Pub. L. 101-508, title I, 1204(c), Nov. 5, 1990, 104 Stat. 1388-11;
Pub. L. 101-624, title XXV, 2511, Nov. 28, 1990, 104 Stat. 4073.)
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a)(2), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title 19,
Customs Duties.
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (e)(1)(A), (2), is act June 25, 1947, ch. 125, as amended
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is
classified generally to subchapter II (section 136 et seq.) of chapter 6
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 136 of this title and Tables.
The Agricultural Adjustment Act of 1938, referred to in subsec.
(e)(5)(B), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended,
which is classified principally to chapter 35 ( 1281 et seq.) of this
title. For complete classification of this Act to the Code, see section
1281 of this title and Tables.
The Agricultural Act of 1949, referred to in subsec. (e)(5)(B), is
act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, 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.
Section was enacted as part of the Tobacco Adjustment Act of 1983,
and not as part of The Tobacco Inspection Act which comprises this
chapter.
1990 -- Subsec. (d). Pub. L. 101-624 inserted provisions crediting
to account fees, penalties and interest, authorizing investment of
interest earned therefrom in insured or fully-collateralized accounts or
in United States Government debt instruments, and crediting interest
from such investments to account.
Pub. L. 101-508, 1202(c)(1), which directed the insertion of '',
subsection (e) of this section, and subsection (f) of this section''
before the period was executed by making the insertion before the period
at the end thereof as the probable intent of Congress.
Subsec. (f)(4). Pub. L. 101-508, 1202(c)(2), added par. (4).
1988 -- Subsec. (a)(2). Pub. L. 100-418 substituted ''chapter 24 of
the Harmonized Tariff Schedule of the United States'' for ''Schedule 1,
Part 13, Tariff Schedules of the United States''.
1985 -- Subsec. (d). Pub. L. 99-198, 1161(b), inserted ''and
subsection (e)'' after ''subsection (a)(1)'' in second sentence.
Subsec. (e). Pub. L. 99-198, 1161(a), added subsec. (e).
Subsec. (f). Pub. L. 99-198, 1166, added subsec. (f).
Section 1301 of title I of Pub. L. 101-508 provided that: ''This
title and the amendments made by this title (enacting section 940d of
this title, amending sections 511r, 1441-2, 1444-2, 1444f, 1445,
1445b-3a, 1445c-3, 1445j, 1446e, 1446f to 1446h, 1722, 1736, 1736a,
1783, 1994, 1999, and 5822 of this title and section 136a of Title 21,
Food and Drugs, enacting provisions set out as notes under sections
136w, 1421, and 1445b-3a of this title, and amending provisions set out
as notes under sections 1421 and 1999 of this title) shall become
effective 1 day after the date of enactment of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Nov. 28, 1990), or December 1,
1990, whichever is earlier.''
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as a note under section 3001 of
Title 19, Customs Duties.
/1/ So in original. Probably should not be capitalized.
/2/ So in original. Probably should be ''flue-cured''.
07 USC CHAPTER 21B -- TOBACCO CONTROL
TITLE 7 -- AGRICULTURE
Sec.
515. Consent of Congress to production compacts between States;
uniformity; withdrawal of consent; limitation on consent.
515a. Definitions.
515b. Advancement of funds to compacting States; repayment.
515c. Designation of persons to deal with compacting States.
515d. Loans to associations of tobacco producers.
515e. Availability of Department of Agriculture records and
facilities to compacting States.
515f. Authorization of appropriations; disposition of repayments of
loans.
515g. Agencies to which funds available.
515h. Effect of compacts between States producing cigar tobacco on
Puerto Rican commerce.
(a) Determination of world consumption; ''crop year'' defined.
(b) Determination of marketing quota for Puerto Rico.
(c) Establishment of marketing quota for each Puerto Rican farm.
(d) Uniform adjustment of marketing quotas.
(e) Issuance of marketing certificates.
(f) Payments for production deficits due to adverse conditions.
(g) Prohibition of sale, etc., without certificate.
515i. Disposition of receipts under section 515h.
515j. Separability.
515k. Rules and regulations.
516, 517. Repealed.
07 USC 515. Consent of Congress to production compacts between States;
uniformity; withdrawal of consent; limitation on consent
TITLE 7 -- AGRICULTURE
The Congress of the United States of America consents that any of the
States in which tobacco is produced may negotiate a compact or compacts
for the purpose of regulating and controlling the production of, or
commerce in, any one or more kinds of tobacco therein: Provided, That
all State acts authorizing such compact or compacts shall be essentially
uniform and in no way conflicting: Provided further, That any compact,
compacts, agreement, or agreements negotiated and agreed upon by the
States referred to in the Act of the General Assembly of Virginia,
approved March 13, 1936 (known as the Tobacco Control Act) (Va. Code
1936, 1399), or by any other State or States producing any type or
types of tobacco referred to in said Act, which is in conformity with
said Act and relating to the type or types of tobacco specifically
referred to in said Act, shall become effective to the extent and in the
manner provided for in said Act without further consent or ratification
on the part of the Congress of the United States of America: Provided,
however, That nothing herein contained shall be construed as preventing
the Congress of the United States of America from withdrawing its
consent after April 25, 1936, to any compact or agreement entered into
pursuant to this chapter: Provided further, That nothing in said
sections shall be construed to grant the consent of Congress to
negotiate any compact for regulating or controlling the production of,
or commerce in, tobacco for the purpose of fixing the price thereof, or
to create or perpetuate monopoly, or to promote regimentation, but such
consent shall be limited to compacts for the regulation and control of
production of, or commerce in, tobacco in order thereby to enable
growers to receive a fair price for such tobacco.
(Apr. 25, 1936, ch. 249, 1, 49 Stat. 1239.)
Act Apr. 25, 1936, which is classified to this chapter, is popularly
known as the ''Tobacco Control Act''.
07 USC 515a. Definitions
TITLE 7 -- AGRICULTURE
As used in this chapter, unless otherwise stated or unless the
context or subject matter clearly indicates otherwise --
''Person'' means any individual, partnership, joint-stock company,
corporation, or association.
''State Act'' means any Act of a State legislature authorizing a
compact or compacts pursuant to the consent given in section 515 of this
title.
''Commission'' means the tobacco commission created by any State Act.
''Secretary'' means the Secretary of Agriculture of the United
States.
''Kind of tobacco'' means one or more types of tobacco as classified
in Service and Regulatory Announcement Numbered 118 of the Bureau of
Agricultural Economics of the United States Department of Agriculture as
listed below according to the name or names by which known:
Types 11, 12, 13, and 14, known as flue-cured tobacco.
Type 31, known as Burley tobacco.
Types 21, 22, 23, 24, 35, 36, and 37, known as fire-cured and dark
air-cured tobacco.
Types 41, 42, 43, 44, 45, and 46, known as cigar-filler tobacco.
Types 51, 52, 53, 54, and 65, known as cigar-binder tobacco.
Types 61 and 62, known as cigar-wrapper tobacco.
''Association'' means any association of tobacco producers or other
persons engaged in the tobacco industry, or both, formed under the laws
of any State for the purpose of stabilizing the marketing of tobacco and
providing crop protection to producers of tobacco in any State or
States.
(Apr. 25, 1936, ch. 249, 2, 49 Stat. 1240.)
Functions of Bureau of Agricultural Economics of Department of
Agriculture transferred to other units of Department under Secretary's
memorandum 1320, Supplement 4, dated Nov. 2, 1953.
07 USC 515b. Advancement of funds to compacting States; repayment
TITLE 7 -- AGRICULTURE
The Secretary is authorized to make advances from time to time, from
the funds provided in section 515f of this title, to the tobacco
commission established by the State act of each State which enters into
a compact or compacts under the consent given by section 515 of this
title in such amounts as the Secretary shall determine to be required
for the payment of administrative expenses incurred by such commission,
and under such terms and conditions with respect to the expenditure
thereof as the Secretary shall stipulate: Provided, That each State act
creating such commission shall provide for the repayment to the
Secretary of such advances from any funds received by the commission
from the sale of marketing certificates with respect to tobacco, prior
to the use of such funds for any other purpose.
(Apr. 25, 1936, ch. 249, 3, 49 Stat. 1240.)
07 USC 515c. Designation of persons to deal with compacting States
TITLE 7 -- AGRICULTURE
The Secretary shall upon the request of the Commission of any
compacting State, designate such tobacco producers or other persons
engaged in the tobacco industry and such officials of the United States
Department of Agriculture as he deems advisable to meet with the tobacco
commissions for the different States for the purpose of advising in
connection with the administration of any compact or compacts entered
into pursuant to this chapter.
(Apr. 25, 1936, ch. 249, 4, 49 Stat. 1240.)
07 USC 515d. Loans to associations of tobacco producers
TITLE 7 -- AGRICULTURE
The Secretary, from the funds provided in section 515f of this title,
is authorized to make loans for administrative purposes, upon terms and
conditions stipulated by him, to such association of tobacco producers
as may operate with respect to the 1936 crop in the Georgia Tobacco
Belt, in a manner similar to that embodied in State acts providing for
compacts under the consent given in section 515 of this title.
(Apr. 25, 1936, ch. 249, 5, 49 Stat. 1240.)
07 USC 515e. Availability of Department of Agriculture records and
facilities to compacting States
TITLE 7 -- AGRICULTURE
The Secretary is authorized, upon the request of the commission of
any compacting State, or at the request of any association referred to
in section 515d of this title, to make available to the commission of
any State or to any such association such records and information,
whether published or unpublished, and such facilities of the United
States Department of Agriculture as the Secretary deems appropriate in
aiding such commission or association.
(Apr. 25, 1936, ch. 249, 6, 49 Stat. 1241.)
07 USC 515f. Authorization of appropriations; disposition of
repayments of loans
TITLE 7 -- AGRICULTURE
(a) For the purpose of administering this chapter there is authorized
to be appropriated to the Secretary of Agriculture the sum of $300,000,
or so much thereof as may be necessary for that purpose.
(b) Any advances or loans which are repaid to the Secretary by any
commission or association pursuant to sections 515b and 515d of this
title shall revert to the general fund of the Treasury of the United
States.
(Apr. 25, 1936, ch. 249, 7, 49 Stat. 1241.)
07 USC 515g. Agencies to which funds available
TITLE 7 -- AGRICULTURE
All funds available for carrying out this chapter shall be available
for allotment to the bureaus and offices of the Department of
Agriculture and for transfer to such other agencies of the Federal or
State Governments as the Secretary may request to cooperate or assist in
carrying out this chapter.
(Apr. 25, 1936, ch. 249, 8, 49 Stat. 1241.)
07 USC 515h. Effect of compacts between States producing cigar tobacco
on Puerto Rican commerce
TITLE 7 -- AGRICULTURE
If, pursuant to this chapter, any compact entered into among three or
more of the States of Pennsylvania, Ohio, Wisconsin, Massachusetts,
Florida, and Connecticut, becomes effective, or if any association or
associations are formed, the membership of which includes at least
two-thirds of the producers of cigar-filler tobacco and cigar-binder
tobacco in three or more of said States, commerce in cigar-filler
tobacco produced in Puerto Rico shall be regulated during the period in
which any such compact remains effective or such associations continue
to operate, as follows:
(a) Determination of world consumption; ''crop year'' defined
The Secretary shall determine for each crop year, by calculations
from available statistics of the United States Department of
Agriculture, the quantity of cigar-filler tobacco produced in the
continental United States and Puerto Rico which is likely to be consumed
in all countries of the world during such crop year, increased or
decreased, as the case may be, by the amount by which the world stocks
of cigar-filler tobacco (produced in the continental United States and
Puerto Rico) at the beginning of such crop year are less than or greater
than the normal stocks of such cigar-filler tobacco, as determined by
the Secretary. For the purposes of this section, the Secretary shall
specify as a ''crop year'' such period of twelve months as he deems will
facilitate the administration of this section.
(b) Determination of marketing quota for Puerto Rico
The Secretary shall determine a marketing quota for Puerto Rico for
cigar-filler tobacco for each crop year in which the provisions of this
section are operative. Such quota shall be that quantity of
cigar-filler tobacco which bears the same proportion (subject to such
adjustment, which may be cumulative from one crop year to another, not
exceeding 5 per centum of said proportion in any one year, as the
Secretary determines is necessary to correct for any abnormal conditions
of production during any three normal crop years during the last ten
years for trends in production during such crop years and for trends in
consumption since such crop years) to the total quantity of cigar-filler
tobacco produced in the continental United States and Puerto Rico and
required for world consumption (as determined pursuant to subsection (a)
of this section) as the average production of cigar-filler tobacco in
Puerto Rico in such crop years bore to the average of the total
production of cigar-filler tobacco in the continental United States and
Puerto Rico in such crop years.
(c) Establishment of marketing quota for each Puerto Rican farm
The Secretary shall establish for each farm in Puerto Rico for each
crop year a tobacco-marketing quota, giving due consideration to the
quantity of cigar-filler tobacco marketed from the crops produced on
such farm and by the operator thereof in past years; to the land,
labor, and equipment available for production of tobacco on such farm;
to the crop-rotation practices on such farm; and to the soil and other
physical factors affecting production of tobacco on such farm:
Provided, That the total of the marketing quotas established for all
farms in Puerto Rico for any crop year shall not exceed the marketing
quota for Puerto Rico for such crop year.
(d) Uniform adjustment of marketing quotas
The marketing quota established for Puerto Rico and the marketing
quotas established for farms in Puerto Rico for any crop year pursuant
to subsections (b) and (c) of this section shall be subject to such
uniform adjustment during the crop year, not exceeding 10 per centum of
said quotas, as the Secretary shall determine to be necessary to
establish and maintain normal world stocks of cigar-filler tobacco
produced in the continental United States and Puerto Rico and otherwise
to effectuate the purposes of this chapter.
(e) Issuance of marketing certificates
The Secretary shall, under such terms and conditions and in
accordance with such methods as may be established in regulations
prescribed by him, issue, to buyers or handlers of tobacco from any farm
in Puerto Rico, marketing certificates for an amount of tobacco equal to
the marketing quota established for such farm, and, for any tobacco
marketed in excess of such quota for such farm, sell, to the buyer or
handlers of such excess tobacco, marketing certificates for a charge
equal to one-third of the current market value of such tobacco, and the
Secretary may require the buyer or handler of such excess tobacco to
deduct the charge for marketing certificates from the price or proceeds
of or advances on such tobacco.
(f) Payments for production deficits due to adverse conditions
From the proceeds received from the sale of marketing certificates
pursuant to subsection (e) of this section, the Secretary shall make
payments to the producers of tobacco on farms in Puerto Rico from which
the sales of tobacco, because of weather or diseases or loss by fire
affecting the tobacco crops thereon adversely during any crop year, are
less than the marketing quotas for such farms for such crop year. Such
payments shall be at a rate per pound of such deficit as shall be
determined by dividing the funds remaining after deduction of such
amount as the Secretary estimates to be necessary for the payment of
administrative expenses incurred in administering the provisions of this
section by the total number of pounds by which the sales of tobacco from
all such farms fall below the marketing quotas for such farms.
(g) Prohibition of sale, etc., without certificate
The sale, marketing, purchase, or transportation of any cigar-filler
tobacco produced, sold, or marketed in Puerto Rico during any period of
time when this section shall be in effect is prohibited unless a
marketing certificate has been issued for such tobacco by the Secretary
pursuant to the provisions of subsection (e) of this section.
(Apr. 25, 1936, ch. 249, 9, 49 Stat. 1241.)
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
07 USC 515i. Disposition of receipts under section 515h
TITLE 7 -- AGRICULTURE
Any receipts by the Secretary under section 515h of this title shall
be held in a separate fund and used by the Secretary for the purpose of
paying administrative expenses and expenditures incurred or made in
connection with said section.
(Apr. 25, 1936, ch. 249, 10, 49 Stat. 1242.)
07 USC 515j. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter, or the application thereof to any
person or circumstance, shall be held invalid, the validity of the
remainder of the chapter and the application of such provision to other
persons or circumstances shall not be affected thereby.
(Apr. 25, 1936, ch. 249, 11, 49 Stat. 1242.)
07 USC 515k. Rules and regulations
TITLE 7 -- AGRICULTURE
The Secretary shall prescribe such rules and regulations as he may
deem necessary to carry out the provisions of this chapter.
(Apr. 25, 1936, ch. 249, 12, 49 Stat. 1242.)
07 USC 516, 517. Repealed. Pub. L. 102-237, title X, 1019, Dec. 13,
1991, 105 Stat. 1906
TITLE 7 -- AGRICULTURE
Section 516, act June 5, 1940, ch. 232, 1, 54 Stat. 231,
prohibited exportation of seeds or plants without permit.
Section 517, act June 5, 1940, ch. 232, 2, 54 Stat. 231, provided
penalty for violations.
07 USC CHAPTER 22 -- AGRICULTURAL MARKETING
TITLE 7 -- AGRICULTURE
07 USC 521 to 535. Omitted or transferred
TITLE 7 -- AGRICULTURE
Sections, act June 15, 1929, ch. 24, 1-15, 46 Stat. 11, as
amended, were omitted or transferred as set forth below.
Section 521, which related to declaration of policy, effective
merchandising of agricultural commodities, speculation, cooperative
marketing, surpluses and administration of the chapter, was transferred
to section 1141 of Title 12, Banks and Banking.
Section 522, which related to appointment, compensation,
qualifications, term of office, and expenses of Governor of Farm Credit
Administration, was transferred to section 1141a of Title 12, and was
repealed by act Aug. 6, 1953, ch. 335, 19, 67 Stat. 400. See
section 2244 et seq. of Title 12.
Section 523, which related to designation of agricultural commodities
and establishment of advisory commodity committees, was omitted.
Section 524, which related to general powers of Farm Credit
Administration, was transferred to section 1141b of Title 12.
Section 525, which related to special powers of Administration, was
transferred to section 1141c of Title 12.
Section 526, which related to authorization of a revolving fund, was
transferred to section 1141d of Title 12.
Section 527, which related to loans to cooperative associations, was
transferred to section 1141e of Title 12.
Section 528, which related to miscellaneous loan provisions, was
transferred to section 1141f of Title 12.
Section 529, which provided for recognition, upon application of
advisory commodity committee, of stabilization corporations for
commodities, and prescribed functions and operations in connection
therewith, was transferred to section 1141g of Title 12, and was
subsequently omitted from the Code as obsolete.
Section 530, which related to clearing house associations, was
omitted.
Section 531, which related to insurance against loss through price
decline, was omitted.
Section 532, which related to appropriation for administrative
expenses, was omitted.
Section 533, which related to avoidance of duplication, cooperation
with other governmental establishments, obtaining information and data,
cooperation with States, Territories, and agencies or subdivisions
thereof, indication of research problems, and transfer of offices and
functions, etc. was transferred to section 1141h of Title 12.
Section 534, which related to examination of books and accounts, was
transferred to section 1141i of Title 12.
Section 535, which related to miscellaneous provisions, was
transferred to section 1141j of Title 12.
07 USC CHAPTER 23 -- FOREIGN AGRICULTURAL SERVICE
TITLE 7 -- AGRICULTURE
07 USC 541 to 545. Repealed. Aug. 13, 1946, ch. 957, title XI,
1131(56), 60 Stat. 1039
TITLE 7 -- AGRICULTURE
Sections 541 to 545, act June 5, 1930, ch. 399, 46 Stat. 497-499,
related to Foreign Agricultural Service.
Repeal effective three months following Aug. 13, 1946, see section
1141 of act Aug. 13, 1946, ch. 957, title XI, 60 Stat. 1040.
07 USC CHAPTER 24 -- PERISHABLE AGRICULTURAL COMMODITIES
TITLE 7 -- AGRICULTURE
07 USC 551 to 568. Transferred
TITLE 7 -- AGRICULTURE
Sections 551 to 568 of this title, which were comprised of act June
10, 1930, ch. 436, 1-18, 46 Stat. 531, as amended, known as the
Perishable Agricultural Commodities Act, 1930, were transferred to
sections 499a to 499r of chapter 20A of this title.
07 USC CHAPTER 25 -- EXPORT STANDARDS FOR APPLES AND PEARS
TITLE 7 -- AGRICULTURE
Sec.
581. Standards of export; establishment; shipping without
certificate forbidden; hearings.
582. Notice of establishment of standards; shipments under
contracts made before adoption of standards.
583. Foreign standards; certification of compliance.
584. Shipments of less than carload lots; exemptions.
585. Fees for inspection and certification; certificates as prima
facie evidence.
586. Refusal of certificates for violations of laws; penalties for
violations.
587. Rules and regulations; cooperation with other agencies;
compensation of officers and employees; effect on other laws.
588. Separability.
589. Definitions.
590. Authorization of appropriations.
07 USC 581. Standards of export; establishment; shipping without
certificate forbidden; hearings
TITLE 7 -- AGRICULTURE
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 chapter, any apples and/or pears in packages which are
not accompanied by a certificate issued under authority of the Secretary
of Agriculture showing that such apples or pears 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
chapter.
(June 10, 1933, ch. 59, 1, 48 Stat. 123.)
Act June 10, 1933, as amended, which is classified to this chapter,
is popularly known as the ''Export Apple and Pear Act''.
07 USC 582. Notice of establishment of standards; shipments under
contracts made before adoption of standards
TITLE 7 -- AGRICULTURE
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 chapter: Provided, That any apples or
pears 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.
(June 10, 1933, ch. 59, 2, 48 Stat. 123.)
07 USC 583. Foreign standards; certification of compliance
TITLE 7 -- AGRICULTURE
Where the government of the country to which the shipment is to be
made has standards or requirements as to condition of apples or pears,
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.
(June 10, 1933, ch. 59, 3, 48 Stat. 124.)
07 USC 584. Shipments of less than carload lots; exemptions
TITLE 7 -- AGRICULTURE
Apples or pears 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 chapter.
(June 10, 1933, ch. 59, 4, 48 Stat. 124.)
07 USC 585. Fees for inspection and certification; certificates as
prima facie evidence
TITLE 7 -- AGRICULTURE
For inspecting and certifying the grade, quality, and/or condition of
apples and/or pears, 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 chapter 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.
(June 10, 1933, ch. 59, 5, 48 Stat. 124.)
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
07 USC 586. Refusal of certificates for violations of laws; penalties
for violations
TITLE 7 -- AGRICULTURE
After opportunity for hearing the Secretary is authorized to refuse
the issuance of certificates under this chapter for periods not
exceeding ninety days to any person who ships or offers for shipment any
apples and/or pears in foreign commerce in violation of any of the
provisions of this chapter. Any person or any common carrier or any
transportation agency knowingly violating any of the provisions of this
chapter shall be fined not less than $100 nor more than $10,000 by a
court of competent jurisdiction.
(June 10, 1933, ch. 59, 6, 48 Stat. 124.)
07 USC 587. Rules and regulations; cooperation with other agencies;
compensation of officers and employees; effect on other laws
TITLE 7 -- AGRICULTURE
The Secretary may make such rules, regulations, and orders as may be
necessary to carry out the provisions of this chapter, 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 chapter in the District of
Columbia and elsewhere, and as may be appropriated for by Congress.
This chapter shall not abrogate nor nullify any other statute, whether
State or Federal, dealing with the same subjects as this chapter; but
it is intended that all such statutes shall remain in full force and
effect except insofar as they are inconsistent herewith or repugnant
hereto.
(June 10, 1933, ch. 59, 7, 48 Stat. 124.)
07 USC 588. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the chapter and of the application of such provision to other persons
and circumstances shall not be affected thereby.
(June 10, 1933, ch. 59, 8, 48 Stat. 124.)
07 USC 589. Definitions
TITLE 7 -- AGRICULTURE
When used in this chapter --
(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 and/or pears'' means fresh whole apples or
pears, whether or not they have been in storage.
(June 10, 1933, ch. 59, 9, 48 Stat. 124.)
07 USC 590. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated such sums as may be necessary
for the administration of this chapter.
(June 10, 1933, ch. 59, 10, as added Oct. 1, 1962, Pub. L. 87-725,
12, 76 Stat. 676.)
07 USC CHAPTER 25A -- EXPORT STANDARDS FOR GRAPES AND PLUMS
TITLE 7 -- AGRICULTURE
Sec.
591. Standards of export; establishment; shipping without
certificate forbidden; hearings.
592. Notice of establishment of standards; shipments under
contracts made before adoption of standards.
593. Foreign standards; certification of compliance.
594. Exemption of minimum quantities.
595. Fees for inspection and certification; certificates as prima
facie evidence.
596. Refusal of certificates for violations of law; penalties for
violations.
597. Rules and regulations; cooperation with other agencies;
compensation of officers and employees; effect on other laws.
598. Separability.
599. Definitions.
07 USC 591. Standards of export; establishment; shipping without
certificate forbidden; hearings
TITLE 7 -- AGRICULTURE
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 chapter, any grapes or plums of any variety in packages
which are not accompanied by a certificate issued under authority of the
Secretary showing that such grapes or plums are of a Federal or State
grade which meets the minimum of quality established for such variety
and destination by the Secretary for shipment in export to such
destination. The Secretary is authorized to prescribe, by regulations,
the requirements, other than those of grades, 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 chapter.
(Pub. L. 86-687, 1, Sept. 2, 1960, 74 Stat. 734; Pub. L. 87-105,
1, July 26, 1961, 75 Stat. 220; Pub. L. 93-606, Jan. 2, 1975, 88 Stat.
1966.)
1975 -- Pub. L. 93-606 inserted ''and destination'' and ''to such
destination'' after ''such variety'' and ''for shipment in export'',
respectively.
1961 -- Pub. L. 87-105 inserted ''of any variety'' and ''for such
variety'' after ''any grapes or plums'' and ''minimum of quality
established'', respectively.
Pub. L. 86-687, as amended, which is classified to this chapter, is
popularly known as the ''Export Grape and Plum Act''.
07 USC 592. Notice of establishment of standards; shipments under
contracts made before adoption of standards
TITLE 7 -- AGRICULTURE
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 chapter: Provided, That any grapes or
plums may be certified and shipped for export in fulfillment of any
contract made within two 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.
(Pub. L. 86-687, 2, Sept. 2, 1960, 74 Stat. 734.)
07 USC 593. Foreign standards; certification of compliance
TITLE 7 -- AGRICULTURE
Where the government of the country to which the shipment is to be
made has standards or requirements as to condition of grapes and plums
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.
(Pub. L. 86-687, 3, Sept. 2, 1960, 74 Stat. 734.)
07 USC 594. Exemption of minimum quantities
TITLE 7 -- AGRICULTURE
The Secretary may, by regulation, exempt from compliance with the
provisions of this chapter (1) any variety or varieties of grapes and
plums, and (2) the shipment of such minimum quantities of grapes and
plums to any foreign country as he may prescribe.
(Pub. L. 86-687, 4, Sept. 2, 1960, 74 Stat. 734; Pub. L. 87-105,
2, July 26, 1961, 75 Stat. 220.)
1961 -- Pub. L. 87-105 added cl. (1) and designated existing
provisions as cl. (2).
07 USC 595. Fees for inspection and certification; certificates as
prima facie evidence
TITLE 7 -- AGRICULTURE
For inspecting and certifying the grade, quality, or condition of
grapes or plums 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 chapter 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.
(Pub. L. 86-687, 5, Sept. 2, 1960, 74 Stat. 734.)
07 USC 596. Refusal of certificates for violations of law; penalties
for violations
TITLE 7 -- AGRICULTURE
After opportunity for hearing the Secretary is authorized to refuse
the issuance of certificates under this chapter for periods not
exceeding ninety days to any person who ships or offers for shipment any
grapes or plums in foreign commerce in violation of any of the
provisions of this chapter. Any person or any common carrier or any
transportation agency violating any of the provisions of this chapter
shall be fined not less than $100 nor more than $10,000 by a court of
competent jurisdiction.
(Pub. L. 86-687, 6, Sept. 2, 1960, 74 Stat. 734.)
07 USC 597. Rules and regulations; cooperation with other agencies;
compensation of officers and employees; effect on other laws
TITLE 7 -- AGRICULTURE
The Secretary may make such rules, regulations, and orders, and
require such reports, as may be necessary to carry out the provisions of
this chapter, 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 chapter in the District of Columbia and
elsewhere, and as may be appropriated for by Congress. This chapter
shall not abrogate nor nullify any other statute, whether State or
Federal, dealing with the same subjects as this chapter; but it is
intended that all such statutes shall remain in full force and effect
except insofar as they are inconsistent herewith or repugnant hereto.
(Pub. L. 86-687, 7, Sept. 2, 1960, 74 Stat. 735.)
07 USC 598. Separability
TITLE 7 -- AGRICULTURE
If any provision of the chapter or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the chapter and of the application of such provision to other persons
and circumstances shall not be affected thereby.
(Pub. L. 86-687, 8, Sept. 2, 1960, 74 Stat. 735.)
07 USC 599. Definitions
TITLE 7 -- AGRICULTURE
When used in this chapter --
(1) The term ''person'' includes individuals, partnerships,
corporations, and associations.
(2) The term ''Secretary'' means the Secretary of Agriculture.
(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 ''grapes'' means vinifera species table grapes, European
type, whether or not they have been in storage.
(5) The term ''plums'' means both European and Japanese type, whether
or not they have been in storage, but does not mean Italian-type prunes,
nor damson-type plums.
(Pub. L. 86-687, 9, Sept. 2, 1960, 74 Stat. 735.)
07 USC CHAPTER 26 -- AGRICULTURAL ADJUSTMENT
TITLE 7 -- AGRICULTURE
Sec.
601. Declaration of conditions.
602. Declaration of policy; establishment of price basing period;
marketing standards; orderly supply flow; circumstances for continued
regulation.
603. Government owned cotton; transfer to Secretary of Agriculture;
powers of Secretary.
604. Borrowing money; expenditures; authority of Secretary.
605, 606. Repealed.
607. Sale by Secretary; additional options; validation of
assignments; publication of information.
608. Powers of Secretary.
(1) Investigations; proclamation of findings.
(2) Agreements for adjustment of acreage or production and for rental
or benefit payments.
(3) Payments by Secretary.
(4) Additional investigation; suspension of exercise of powers.
(5) Hearings; notice.
(6) Commodity in which payment made.
(7) Additional payments to producers of sugar beets or sugarcane.
(8) Pledge by rice producer for production credit of right to rental
or benefit payments.
(9) Advances of payments on stored nonperishable commodity.
608-1. Omitted.
608a. Enforcement of chapter.
(1) to (4) Omitted.
(5) Forfeitures.
(6) Jurisdiction of district courts.
(7) Duties of United States attorneys; investigation of violations
by Secretary; hearings.
(8) Cumulative remedies.
(9) ''Person'' defined.
608a-1. Repealed.
608b. Marketing agreements; exemption from antitrust laws;
inspection requirements for handlers not subject to agreements.
608c. Orders regulating handling of commodity.
(1) Issuance by Secretary.
(2) Commodities to which applicable; single commodities and separate
agricultural commodities.
(3) Notice and hearing.
(4) Finding and issuance of order.
(5) Milk and its products; terms and conditions of orders.
(6) Other commodities; terms and conditions of orders.
(7) Terms common to all orders.
(8) Orders with marketing agreement.
(9) Orders with or without marketing agreement.
(10) Manner of regulation and applicability.
(11) Regional application.
(12) Approval of cooperative association as approval of producers.
(13) Retailer and producer exemption.
(14) Violation of order; penalty.
(15) Petition by handler for modification of order or exemption;
court review of ruling of Secretary.
(16) Termination of orders and marketing agreements.
(17) Provisions applicable to amendments.
(18) Milk prices.
(19) Producer or processor referendum for approving order.
608c-1. Repealed.
608d. Books and records; disclosure of information; notification
of Congressional committees.
608e. Repealed.
608e-1. Import prohibitions on specified foreign produce.
(a) Import prohibitions on tomatoes, avocadoes, limes, etc.
(b) Extension of time for marketing order; factors; review.
(c) Notification of United States Trade Representative of import
restrictions; advisement of Secretary of Agriculture.
(d) Proposed prohibition or regulation; authority of Secretary of
Agriculture to proceed.
608f. Repealed.
609. Processing tax; methods of computation; rate; what
constitutes processing; publicity as to tax to avoid profiteering.
610. Administration.
(a) Appointment of officers and employees; impounding
appropriations.
(b) State and local committees or associations of producers;
handlers' share of expenses of authority or agency.
(c) Regulations; penalty for violation.
(d) Regulations of Secretary of Treasury
(e) Review of official acts.
(f) Geographical application.
(g) Officers; dealing or speculating in agricultural products;
penalties.
(h) Adoption of Federal Trade Commission Act; hearings; report of
violations to Attorney General.
(i) Cooperation with State authorities; imparting information.
(j) Definitions.
611. ''Basic agricultural commodity'' defined; exclusion of
commodities.
612. Appropriation; use of revenues; administrative expenses.
612a, 612b. Omitted.
612c. Appropriation to encourage exportation and domestic
consumption of agricultural products.
612c-1. Authorization for appropriations to increase domestic
consumption of surplus farm commodities.
612c-2. Technical support to exporters and importers of United
States agricultural products; scope of support provided by Department
of Agriculture.
612c-3. Repealed.
613. Termination date; investigations and reports.
613a. Repealed.
614. Separability.
615. Refunds of tax; exemptions from tax; compensating tax;
compensating tax on foreign goods; covering into Treasury.
616. Stock on hand when tax takes effect or terminates.
617. Refund on goods exported; bond to suspend tax on commodity
intended for export.
618. Existing contracts; imposition of tax on vendee; collection.
619. Collection of tax; provisions of internal revenue laws
applicable; returns.
619a. Cotton tax, time for payment.
620. Falsely ascribing deductions or charges to taxes; penalty.
621. Machinery belting processed from cotton; exemption from tax.
622. Omitted.
623. Actions relating to tax; legalization of prior taxes.
(a) Action to restrain collection of tax or obtain declaratory
judgment forbidden.
(b) Taxes imposed prior to August 24, 1935, legalized and ratified.
(c) Rental and benefit payments, agreements, and programs made prior
to August 24, 1935, legalized and ratified.
624. Limitation on imports; authority of President.
625. Review of Burley tobacco imports by Secretary of Agriculture;
price-support levels; excessive stocks.
626. Import inventory.
(a) Compilation and report on imports.
(b) Compilation and report on consumption.
(c) Issuing of data.
641 to 659. Omitted.
Agricultural Adjustment Act of 1938, see section 1281 et seq. of
this title.
title 18 section 433; title 41 section 22.
07 USC SUBCHAPTER I -- DECLARATION OF CONDITIONS AND POLICY
TITLE 7 -- AGRICULTURE
07 USC 601. Declaration of conditions
TITLE 7 -- AGRICULTURE
It is declared that the disruption of the orderly exchange of
commodities in interstate commerce impairs the purchasing power of
farmers and destroys the value of agricultural assets which support the
national credit structure and that these conditions affect transactions
in agricultural commodities with a national public interest, and burden
and obstruct the normal channels of interstate commerce.
(May 12, 1933, ch. 25, title I, 1, 48 Stat. 31; June 3, 1937, ch.
296, 1, 2(a), 50 Stat. 246.)
Section 8(a) of act June 16, 1933, ch. 90, 48 Stat. 199, provided
in part that title I of act May 12, 1933, which is classified to this
chapter, may for all purposes be referred to as the ''Agricultural
Adjustment Act.''
Act June 3, 1937, ch. 296, 1, 2, 50 Stat. 246, provided as
follows: ''The following provisions of the Agricultural Adjustment Act,
as amended, not having been intended for the control of the production
of agricultural commodities, and having been intended to be effective
irrespective of the validity of any other provision of that Act are
expressly affirmed and validated, and are reenacted without change
except as provided in section 2:
''(a) Section 1 (relating to the declaration of emergency (this
section)):
''(b) Section 2 (relating to declaration of policy (section 602 of
this title)):
''(c) Section 8a(5), (6), (7), (8), and (9) (relating to violations
and enforcement (section 608a(5), (6), (7), (8), and (9) of this
title));
''(d) Section 8b (relating to marketing agreements (section 608b of
this title));
''(e) Section 8c (relating to orders (section 608c of this title));
''(f) Section 8d (relating to books and records (section 608d of this
title));
''(g) Section 8e (relating to determination of base period (former
section 608e of this title));
''(h) Section 10(a), (b)(2), (c), (f), (g), (h), and (i)
(miscellaneous provisions (section 610(a), (b)(2), (c), (f), (g), (h),
and (i) of this title));
''(i) Section 12(a) and (c) (relating to appropriation and expenses
(section 612(a) and (c) of this title));
''(j) Section 14 (relating to separability (section 614 of this
title));
''(k) Section 22 (relating to imports (section 624 of this title)).
''Sec. 2. The following provisions, reenacted in section I of this
act, are amended as follows: * * * (sections 601, 602(1), 608a(6),
608c(5)(B)(d), (6)(B), (6)(B)(18), (19), 610(c), (f), 612(a) of this
title).''
Section 2 of act June 3, 1937, also added subsec. (j) to section
610.
Section 2 of act June 3, 1937, was amended by act Aug. 5, 1937, ch.
567, 50 Stat. 563, which amending act provided for amendments to
subsecs. (2) and (6) of section 608c of this title.
07 USC 602. Declaration of policy; establishment of price basing
period; marketing standards; orderly supply flow; circumstances for
continued regulation
TITLE 7 -- AGRICULTURE
It is declared to be the policy of Congress --
(1) Through the exercise of the powers conferred upon the Secretary
of Agriculture under this chapter, to establish and maintain such
orderly marketing conditions for agricultural commodities in interstate
commerce as will establish, as the prices to farmers, parity prices as
defined by section 1301(a)(1) of this title.
(2) To protect the interest of the consumer by (a) approaching the
level of prices which it is declared to be the policy of Congress to
establish in subsection (1) of this section by gradual correction of the
current level at as rapid a rate as the Secretary of Agriculture deems
to be in the public interest and feasible in view of the current
consumptive demand in domestic and foreign markets, and (b) authorizing
no action under this chapter which has for its purpose the maintenance
of prices to farmers above the level which it is declared to be the
policy of Congress to establish in subsection (1) of this section.
(3) Through the exercise of the powers conferred upon the Secretary
of Agriculture under this chapter, to establish and maintain such
production research, marketing research, and development projects
provided in section 608c(6)(I) of this title, such container and pack
requirements provided in section 608c(6)(H) of this title /1/ such
minimum standards of quality and maturity and such grading and
inspection requirements for agricultural commodities enumerated in
section 608c (2) of this title, other than milk and its products, in
interstate commerce as will effectuate such orderly marketing of such
agricultural commodities as will be in the public interest.
(4) Through the exercise of the powers conferred upon the Secretary
of Agriculture under this chapter, to establish and maintain such
orderly marketing conditions for any agricultural commodity enumerated
in section 608c(2) of this title as will provide, in the interests of
producers and consumers, an orderly flow of the supply thereof to market
throughout its normal marketing season to avoid unreasonable
fluctuations in supplies and prices.
(5) Through the exercise of the power conferred upon the Secretary of
Agriculture under this chapter, to continue for the remainder of any
marketing season or marketing year, such regulation pursuant to any
order as will tend to avoid a disruption of the orderly marketing of any
commodity and be in the public interest, if the regulation of such
commodity under such order has been initiated during such marketing
season or marketing year on the basis of its need to effectuate the
policy of this chapter.
(May 12, 1933, ch. 25, title I, 2, 48 Stat. 32; Aug. 24, 1935, ch.
641, 1, 62, 49 Stat. 750, 782; June 3, 1937, ch. 296, 1, 2(b), 50
Stat. 246, 247; Aug. 1, 1947, ch. 425, 1, 61 Stat. 707; July 3, 1948,
ch. 827, title III, 302(a), 62 Stat. 1257; Aug. 28, 1954, ch. 1041,
title IV, 401(a), 68 Stat. 906; Aug. 8, 1961, Pub. L. 87-128, title
I, 141(1), 75 Stat. 303; Nov. 8, 1965, Pub. L. 89-330, 1(a), 79
Stat. 1270; June 25, 1970, Pub. L. 91-292, 1(1), 84 Stat. 333.)
1970 -- Subsec. (3). Pub. L. 91-292 inserted authority to establish
and maintain the production research, marketing research, and
development projects provided in section 608c(6)(I) of this title.
1965 -- Subsec. (3). Pub. L. 89-330 inserted ''such container and
pack requirements provided in section 608c(6)(H) of this title''.
1961 -- Subsec. (5). Pub. L. 87-128 added subsec. (5).
1954 -- Subsec. (4). Act Aug. 28, 1954, added subsec. (4).
1948 -- Subsec. (1). Act July 3, 1948, made definition of ''parity''
conform to definition stated in section 1301(a)(1) of this title.
1947 -- Subsec. (3). Act Aug. 1, 1947, added subsec. (3).
1937 -- Act June 3, 1937, inserted ''orderly marketing conditions for
agricultural commodities in interstate commerce as will establish''
before ''as the prices to farmers''.
1935 -- Subsec. (1). Act Aug. 24, 1935, ch. 641, 1, amended first
sentence and act Aug. 24, 1935, ch. 641, 62, amended second and third
sentences.
Subsec. (2). Act Aug. 24, 1935, amended subsec. (2).
Amendment by act July 3, 1948, effective Jan. 1, 1950, see section
303 of act July 3, 1948, set out as a note under section 1301 of this
title.
Section 1 of act June 3, 1937, affirmed and validated, and reenacted
without change the provisions of this section except for the amendment
to subsec. (1) by section 2 of said act. See note set out under
section 601 of this title.
/1/ So in original. Probably should be followed by a comma.
07 USC SUBCHAPTER II -- COTTON OPTION CONTRACTS
TITLE 7 -- AGRICULTURE
07 USC 603. Government owned cotton; transfer to Secretary of
Agriculture; powers of Secretary
TITLE 7 -- AGRICULTURE
The Farm Credit Administration and all departments and other agencies
of the Government, not including the Federal intermediate credit banks
are directed --
(a) To sell to the Secretary of Agriculture at such price as may be
agreed upon, not in excess of the market price, all cotton now owned by
them.
(b) To take such action and to make such settlements as are necessary
in order to acquire full legal title to all cotton on which money has
been loaned or advanced by any department or agency of the United
States, including futures contracts for cotton or which is held as
collateral for loans or advances and to make final settlement of such
loans and advances as follows:
(1) In making such settlements with regard to cotton, including
operations to which such cotton is related, such cotton shall be taken
over by all such departments or agencies other than the Secretary of
Agriculture at a price or sum equal to the amounts directly or
indirectly loaned or advanced thereon and outstanding, including loans
by the Government, department or agency and any loans senior thereto,
plus any sums required to adjust advances to growers to 90 per centum of
the value of their cotton at the date of its delivery in the first
instance as collateral to the department or agency involved, such sums
to be computed by subtracting the total amount already advanced to
growers on account of pools of which such cotton was a part, from 90 per
centum of the value of the cotton to be taken over as of the time of
such delivery as collateral, plus unpaid accrued carrying charges and
operating costs on such cotton, less, however, any existing assets of
the borrower derived from net income, earnings, or profits arising from
such cotton, and from operations to which such cotton is related; all
as determined by the department or agency making the settlement.
(2) The Secretary of Agriculture shall make settlements with respect
to cotton held as collateral for loans or advances made by him on such
terms as in his judgment may be deemed advisable, and to carry out the
provisions of this section, is authorized to indemnify or furnish bonds
to warehousemen for lost warehouse receipts and to pay the premiums on
such bonds.
When full legal title to the cotton referred to in this subsection
has been acquired, it shall be sold to the Secretary of Agriculture for
the purposes of this section, in the same manner as provided in
subsection (a) of this section.
(c) The Secretary of Agriculture is authorized to purchase the cotton
specified in subsections (a) and (b) of this section.
(May 12, 1933, ch. 25, title I, 3, 48 Stat. 32; 1933 Ex. Ord. No.
6084, Mar. 22, 1933.)
Ex. Ord. No. 6084, set out as a note preceding section 2241 of Title
12, Banks and Banking, changed the name of ''Federal Farm Board'' to
''Farm Credit Administration''.
Ex. Ord. No. 9322, Mar. 26, 1943, 8 F.R. 3807, as amended by Ex.
Ord. No. 9334, Apr. 19, 1943, 8 F.R. 5423, removed Farm Credit
Administration from Food Production Administration of Department of
Agriculture and returned it to its former status as a separate agency of
Department.
Ex. Ord. No. 9280, Dec. 5, 1942, 7 F.R. 10179, made Farm Credit
Administration a part of Food Production Administration of Department of
Agriculture.
Farm Credit Administration transferred to Department of Agriculture
by 1939 Reorg. Plan No. 1, 401, 4 F.R. 2727, 53 Stat. 1423, set out
in the Appendix to Title 5, Government Organization and Employees.
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of
Commodity Credit Corporation; and Farm Credit Administration or any
agency, officer or entity of, under, or subject to supervision of said
Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan
No. 2, 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out
as a note under section 2201 of this title.
Establishment of Farm Credit Administration as independent agency,
and other changes in status, functions, etc., see section 2241 et seq.,
of Title 12, Banks and Banking.
07 USC 604. Borrowing money; expenditures; authority of Secretary
TITLE 7 -- AGRICULTURE
(a) The Secretary of Agriculture shall have authority to borrow money
upon all cotton in his possession or control and may, at his discretion,
deposit as collateral for such loans the warehouse receipts for such
cotton.
(b) The Secretary of the Treasury is authorized to advance, in his
discretion, out of any money in the Treasury not otherwise appropriated,
the sum of $100,000,000, to the Secretary of Agriculture, for paying off
any debt or debts which may have been or may be incurred by the
Secretary of Agriculture and discharging any lien or liens which may
have arisen or may arise pursuant to sections 603, 604, and 607 of this
title, for protecting title to any cotton which may have been or may be
acquired by the Secretary of Agriculture under authority of said
sections, and for paying any expenses (including, but not limited to,
warehouse charges, insurance, salaries, interest, costs, and
commissions) incident to carrying, handling, insuring, and marketing of
said cotton and for the purposes described in subsection (e) of this
section. This sum shall be available until the cotton acquired by the
Secretary of Agriculture under authority of this chapter including
cotton futures, shall have been finally marketed by any agency which may
have been or may be established by the Secretary of Agriculture for the
handling, carrying, insuring, or marketing of any cotton acquired by the
Secretary of Agriculture.
(c) The funds authorized by subsection (b) of this section shall be
made available to the Secretary of Agriculture from time to time upon
his request and with the approval of the Secretary of the Treasury.
Each such request shall be accompanied by a statement showing by weight
and average grade and staple the quantity of cotton held by the
Secretary of Agriculture and the approximate aggregate market value
thereof.
(d) It is the purpose of subsections (b) and (c) of this section to
provide an alternative method to that provided by subsection (a) of this
section, for enabling the Secretary of Agriculture to finance the
acquisition, carrying, handling, insuring, and marketing of cotton
acquired by him under authority of section 603 of this title. The
Secretary of Agriculture may at his discretion make use of either or
both of the methods provided in this section for obtaining funds for the
purposes hereinabove enumerated.
(e) The Secretary of Agriculture is authorized to use in his
discretion any funds obtained by him pursuant to the provisions of
subsection (a) or (b) of this section for making advances to any agency
which may have been or may be established by the Secretary of
Agriculture for the handling, carrying, insuring, or marketing of any
cotton acquired by the Secretary of Agriculture, to enable any such
agency to perform, exercise, and discharge any of the duties,
privileges, and functions which such agency may be authorized to
perform, exercise, or discharge.
(f) The proceeds derived from the sale of cotton shall be held for
the Secretary of Agriculture by the Treasurer of the United States in a
special deposit account and shall be used by the Secretary of
Agriculture to discharge the obligations incurred under authority of
sections 603, 604, and 607 of this title. Whenever any cotton shall be
marketed the net proceeds (after discharge of other obligations incurred
with respect thereto) derived from the sale thereof shall be used, to
the extent required, to reimburse the Treasury for such portion of the
funds hereby provided for as shall have been used, which shall be
covered into the Treasury as a miscellaneous receipt. If when all of
the cotton acquired by the Secretary of Agriculture shall have been
marketed and all of the obligations incurred with respect to such cotton
shall have been discharged, and the Treasury reimbursed for any and all
sums which may have been advanced pursuant to subsection (b) of this
section, there shall remain any balance in the hands of the Secretary of
Agriculture, such balance shall be covered into the Treasury as
miscellaneous receipts.
The word ''obligation'' when used in this section shall include
(without being limited to) administrative expenses, warehouse charges,
insurance, salaries, interest, costs, commissions, and other expenses
incident to handling, carrying, insuring, and marketing of said cotton.
(May 12, 1933, ch. 25, title I, 4, 48 Stat. 33; June 19, 1934, ch.
648, title II, 1, 48 Stat. 1058; Aug. 24, 1935, ch. 641, 35, 36, 49
Stat. 775.)
1935 -- Subsec. (b). Act Aug. 24, 1935, 35, struck out ''to be
available until March 1, 1936'' after ''$100,000,000'' and inserted last
sentence relating to availability of the sum of $100,000,000.
Subsec. (f). Act Aug. 24, 1935, 36, inserted last par. defining
''obligation''.
1934 -- Subsec. (a). Act June 19, 1934, inserted ''may in his
discretion'' after ''or control and''.
Subsecs. (b) to (f). Act June 19, 1934, added subsecs. (b) to (f).
title 12 section 1150a.
07 USC 605. Repealed. June 30, 1947, ch. 166, title II, 206(d), 61
Stat. 208
TITLE 7 -- AGRICULTURE
Section, acts May 12, 1933, ch. 25, title I, 5, 48 Stat. 33; June
19, 1934, ch. 648, title II, 1, 48 Stat. 1059, related to loans from
Reconstruction Finance Corporation and warehouse receipts as collateral.
07 USC 606. Repealed. Aug. 24, 1935, ch. 641, 34, 49 Stat. 775
TITLE 7 -- AGRICULTURE
Section, act May 12, 1933, ch. 25, title I, 6, 48 Stat. 33,
related to option contracts.
07 USC 607. Sale by Secretary; additional options; validation of
assignments; publication of information
TITLE 7 -- AGRICULTURE
The Secretary shall sell cotton held or acquired by him pursuant to
authority of this chapter at his discretion subject only to the
conditions and limitations of this chapter: Provided, That the
Secretary shall have authority to enter into option contracts with
producers of cotton to sell to or for the producers such cotton held
and/or acquired by him in such amounts and at such prices and upon such
terms and conditions as he, the Secretary, may deem advisable, and such
option contracts may be transferred or assigned in such manner as the
Secretary of Agriculture may prescribe.
Notwithstanding any provisions contained in option contracts
heretofore issued and/or any provision of law, assignments made prior to
January 11, 1934, of option contracts exercised prior to January 18,
1934, shall be deemed valid upon determination by the Secretary that
such assignment was an assignment in good faith of the full interest in
such contract and for full value and is free from evidence of fraud or
speculation by the assignee.
Notwithstanding any provision of existing law, the Secretary of
Agriculture may, in the administration of this chapter, make public such
information as he deems necessary in order to effectuate the purposes of
this chapter.
(May 12, 1933, ch. 25, title I, 7, 48 Stat. 34; June 16, 1933, ch.
90, title II, 221, 48 Stat. 210; Aug. 24, 1935, ch. 641, 33, 49 Stat.
775.)
1935 -- Act Aug. 24, 1935, among other changes, inserted provisions
as to presumption of validity of assignments made prior to Jan. 11,
1934 of option contracts exercised prior to Jan. 18, 1934 if in good
faith, for full value, and without fraud or speculation by the assignee.
1933 -- Act June 16, 1933, amended section generally.
07 USC SUBCHAPTER III -- COMMODITY BENEFITS
TITLE 7 -- AGRICULTURE
07 USC 608. Powers of Secretary
TITLE 7 -- AGRICULTURE
(1) Investigations; proclamation of findings
Whenever the Secretary of Agriculture has reason to believe that:
(a) The current average farm price for any basic agricultural
commodity is less than the fair exchange value thereof, or the average
farm price of such commodity is likely to be less than the fair exchange
value thereof for the period in which the production of such commodity
during the current or next succeeding marketing year is normally
marketed, and
(b) The conditions of and factors relating to the production,
marketing, and consumption of such commodity are such that the exercise
of any one or more of the powers conferred upon the Secretary under
subsections (2) and (3) of this section would tend to effectuate the
declared policy of this chapter,
he shall cause an immediate investigation to be made to determine
such facts. If, upon the basis of such investigation, the Secretary
finds the existence of such facts, he shall proclaim such determination
and shall exercise such one or more of the powers conferred upon him
under subsections (2) and (3) of this section as he finds, upon the
basis of an investigation, administratively practicable and best
calculated to effectuate the declared policy of this chapter.
(2) Agreements for adjustment of acreage or production and for rental
or benefit payments
Subject to the provisions of subsection (1) of this section, the
Secretary of Agriculture shall provide, through agreements with
producers or by other voluntary methods,
(a) For such adjustment in the acreage or in the production for
market, or both, of any basic agricultural commodity, as he finds, upon
the basis of the investigation made pursuant to subsection (1) of this
section, will tend to effectuate the declared policy of this chapter,
and to make such adjustment program practicable to operate and
administer, and
(b) For rental or benefit payments in connection with such agreements
or methods in such amounts as he finds, upon the basis of such
investigation, to be fair and reasonable and best calculated to
effectuate the declared policy of this chapter, and to make such program
practicable to operate and administer, to be paid out of any moneys
available for such payments or, subject to the consent of the producer,
to be made in quantities of one or more basic agricultural commodities
acquired by the Secretary pursuant to this chapter.
(3) Payments by Secretary
Subject to the provisions of subsection (1) of this section, the
Secretary of Agriculture shall make payments, out of any moneys
available for such payments, in such amounts as he finds, upon the basis
of the investigation made pursuant to subsection (1) of this section, to
be fair and reasonable and best calculated to effectuate the declared
policy of this chapter:
(a) To remove from the normal channels of trade and commerce
quantities of any basic agricultural commodity or product thereof;
(b) To expand domestic or foreign markets for any basic agricultural
commodity or product thereof;
(c) In connection with the production of that part of any basic
agricultural commodity which is required for domestic consumption.
(4) Additional investigation; suspension of exercise of powers
Whenever, during a period during which any of the powers conferred in
subsection (2) or (3) of this section is being exercised, the Secretary
of Agriculture has reason to believe that, with respect to any basic
agricultural commodity:
(a) The current average farm price for such commodity is not less
than the fair exchange value thereof, and the average farm price for
such commodity is not likely to be less than the fair exchange value
thereof for the period in which the production of such commodity during
the current or next succeeding marketing year is normally marketed, or
(b) The conditions of and factors relating to the production,
marketing, and consumption of such commodity are such that none of the
powers conferred in subsections (2) and (3) of this section, and no
combination of such powers, would, if exercised, tend to effectuate the
declared policy of this chapter,
he shall cause an immediate investigation to be made to determine
such facts. If, upon the basis of such investigation, the Secretary
finds the existence of such facts, he shall proclaim such determination,
and shall not exercise any of such powers with respect to such commodity
after the end of the marketing year current at the time when such
proclamation is made and prior to a new proclamation under subsection
(1) of this section, except insofar as the exercise of such power is
necessary to carry out obligations of the Secretary assumed, prior to
the date of such proclamation made pursuant to this subsection, in
connection with the exercise of any of the powers conferred upon him
under subsections (2) or (3) of this section.
(5) Hearings; notice
In the course of any investigation required to be made under
subsection (1) or (4) of this section, the Secretary of Agriculture
shall hold one or more hearings, and give due notice and opportunity for
interested parties to be heard.
(6) Commodity in which payment made
No payment under this chapter made in an agricultural commodity
acquired by the Secretary in pursuance of this chapter shall be made in
a commodity other than that in respect of which the payment is being
made. For the purposes of this subsection, hogs and field corn may be
considered as one commodity.
(7) Additional payments to producers of sugar beets or sugarcane
In the case of sugar beets or sugarcane, in the event that it shall
be established to the satisfaction of the Secretary of Agriculture that
returns to growers or producers, under the contracts for the 1933-1934
crop of sugar beets or sugarcane, entered into by and between the
processors and producers and/or growers thereof, were reduced by reason
of the payment of the processing tax, and/or the corresponding floor
stocks tax, on sugar beets or sugarcane, in addition to the foregoing
rental or benefit payments, the Secretary of Agriculture shall make such
payments, representing in whole or in part such tax, as the Secretary
deems fair and reasonable, to producers who agree, or have agreed, to
participate in the program for reduction in the acreage or reduction in
the production for market, or both, of sugar beets or sugarcane.
(8) Pledge by rice producer for production credit of right to rental
or benefit payments
In the case of rice, the Secretary of Agriculture, in exercising the
power conferred upon him by subsection (2) of this section to provide
for rental or benefit payments, is directed to provide in any agreement
entered into by him with any rice producer pursuant to such subsection,
upon such terms and conditions as the Secretary determines will best
effectuate the declared policy of this chapter, that the producer may
pledge for production credit in whole or in part his right to any rental
or benefit payments under the terms of such agreement and that such
producer may designate therein a payee to receive such rental or benefit
payments.
(9) Advances of payments on stored nonperishable commodity
Under regulations of the Secretary of Agriculture requiring adequate
facilities for the storage of any nonperishable agricultural commodity
on the farm, inspection and measurement of any such commodity so stored,
and the locking and sealing thereof, and such other regulations as may
be prescribed by the Secretary of Agriculture for the protection of such
commodity and for the marketing thereof, a reasonable percentage of any
benefit payment may be advanced on any such commodity so stored. In any
such case such deduction may be made from the amount of the benefit
payment as the Secretary of Agriculture determines will reasonably
compensate for the cost of inspection and sealing but no deduction may
be made for interest.
(May 12, 1933, ch. 25, title I, 8, 48 Stat. 34; Apr. 7, 1934, ch.
103, 7, 48 Stat. 528; May 9, 1934, ch. 263, 14, 48 Stat. 676; Mar.
18, 1935, ch. 32, 7, 49 Stat. 46; Aug. 24, 1935, ch. 641, 2, 4-7, 49
Stat. 751, 753-762.)
Section as originally enacted consisted of subsections (1) to (5).
Act Aug. 24, 1935, amended section by striking out or amending and
redesignating the various subsections.
1935 -- Subsec. (1) was, together with subsecs. (2) to (9),
inserted in lieu of former (1) by section 2 of act Aug. 24, 1935, which
also struck out former (1) as amended by acts May 9, 1934, and March 18,
1935.
Subsec. (2) was, together with subsecs. (1) and (3) to (9), inserted
in lieu of former (1) by section 2 of act Aug. 24, 1935. Former
subsec. (2), as amended by act Apr. 7, 1934, was designated section 8b
of the Agricultural Adjustment Act, section 608b of this title, and
amended by section 4 of said act Aug. 24, 1935.
Subsec. (3) was, together with subsecs. (1), (2), and (4) to (9),
inserted in lieu of former (1) by section 2 of act Aug. 24, 1935.
Former subsec. (3) was struck out by section 5 of said act Aug. 24,
1935, which also added section 8c to the Agricultural Adjustment Act,
section 608c of this title.
Subsec. (4) was, together with subsecs. (1) to (3) and (5) to (9),
inserted in lieu of former (1) by section 2 of act Aug. 24, 1935.
Former subsec. (4) was struck out by section 6 of said act Aug. 24,
1935, which also added sections 8d and 8e to the Agricultural Adjustment
Act, section 608d and former section 608e, respectively, of this title.
Subsec. (5) was, together with subsecs. (1) to (4) and (6) to (9),
inserted in lieu of former (1) by section 2 of act Aug. 24, 1935.
Former subsec. (5) was designated section 8f of the Agricultural
Adjustment Act, section 608f of this title, and amended by section 7 of
said act Aug. 24, 1935.
Subsecs. (6) to (9) were, together with subsecs. (1) to (5),
inserted in lieu of former (1) by section 2 of act Aug. 24, 1935.
1934 -- Act May 9, 1934, amended subsec. (1) generally.
Act Apr. 7, 1934, amended subsec. (2) by striking out proviso.
Section 38 of act Aug. 24, 1935, which amended this chapter
generally, provided as follows: ''Nothing contained in this Act shall
(a), invalidate any marketing agreement or license in existence on the
date of the enactment hereof (Aug. 24, 1935), or any provision thereof,
or any act done pursuant thereto, either before or after the enactment
of this Act, or (b) impair any remedy provided for on the date of the
enactment thereof for the enforcement of any such marketing agreement or
license, or (c) invalidate any agreement entered into pursuant to
section 8(1) of the Agricultural Adjustment Act prior to the enactment
of this Act, or subsequent to the enactment of this Act in connection
with a program the initiation of which has been formally approved by the
Secretary of Agriculture under such section 8(1) prior to the enactment
of this Act, or any act done or agreed to be done or any payment made or
agreed to be made in pursuance of any such agreement, either before or
after the enactment of this Act, or any change in the terms and
conditions of any such agreement, or any voluntary arrangements or
further agreements which the Secretary finds necessary or desirable in
order to complete or terminate such program pursuant to the declared
policy of the Agricultural Adjustment Act (this chapter); Provided,
That the Secretary shall not prescribe, pursuant to any such agreement
or voluntary arrangement, any adjustment in the acreage or in the
production for market of any basic agricultural commodity to be made
after July 1, 1937, except pursuant to the provisions of section 8 of
the Agricultural Adjustment Act as amended by this Act.''
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c of this title.
Marketing quotas for tobacco, corn, wheat, cotton, and rice, see
section 1311 et seq. of this title.
Parity payments to producers, see section 1303 of this title.
07 USC 608-1. Omitted
TITLE 7 -- AGRICULTURE
Section, act July 2, 1940, ch. 521, 9, 54 Stat. 729, which related
to adjustments between payee and third persons, was omitted as executed.
07 USC 608a. Enforcement of chapter
TITLE 7 -- AGRICULTURE
(1) to (4) Omitted
(5) Forfeitures
Any person exceeding any quota or allotment fixed for him under this
chapter by the Secretary of Agriculture and any other person knowingly
participating or aiding in the exceeding of such quota or allotment
shall forfeit to the United States a sum equal to the value of such
excess at the current market price for such commodity at the time of
violation, which forfeiture shall be recoverable in a civil suit brought
in the name of the United States.
(6) Jurisdiction of district courts
The several district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain any
person from violating any order, regulation, or agreement, heretofore or
hereafter made or issued pursuant to this chapter, in any proceeding now
pending or hereafter brought in said courts.
(7) Duties of United States attorneys; investigation of violations
by Secretary; hearings
Upon the request of the Secretary of Agriculture, it shall be the
duty of the several United States attorneys, in their respective
districts, under the directions of the Attorney General, to institute
proceedings to enforce the remedies and to collect the forfeitures
provided for in, or pursuant to this chapter. Whenever the Secretary,
or such officer or employee of the Department of Agriculture as he may
designate for the purpose, has reason to believe that any handler has
violated, or is violating, the provisions of any order or amendment
thereto issued pursuant to this chapter, the Secretary shall have power
to institute an investigation and, after due notice to such handler, to
conduct a hearing in order to determine the facts for the purpose of
referring the matter to the Attorney General for appropriate action.
(8) Cumulative remedies
The remedies provided for in this section shall be in addition to,
and not exclusive of, any of the remedies or penalties provided for
elsewhere in this chapter or now or hereafter existing at law or in
equity.
(9) ''Person'' defined
The term ''person'' as used in this chapter includes an individual,
partnership, corporation, association, and any other business unit.
(May 12, 1933, ch. 25, title I, 8a, as added May 9, 1934, ch. 263,
4, 48 Stat. 672; amended Aug. 24, 1935, ch. 641, 8-10, 49 Stat. 762;
June 3, 1937, ch. 296, 1, 2(c), 50 Stat. 246, 247; June 25, 1948, ch.
646, 1, 62 Stat. 909; Aug. 8, 1961, Pub. L. 87-128, title I, 141(2),
75 Stat. 304.)
Provisions of subsecs. (1) to (4), relating to establishment,
regulation and determination of sugar quotas, agreements limiting or
regulating child labor, wages, and adjustment of disputes in the sugar
industry, and prescribing penalties for violations thereof, were omitted
since they ceased to apply on Sept. 1, 1937, in accordance with the
provisions of section 510 of the Sugar Act of 1937, act Sept. 1, 1937,
ch. 898, 50 Stat. 916. Section 510 of act Sept. 1, 1937, provided in
part that: ''The provisions of the Agricultural Adjustment Act, as
amended (this chapter), shall cease to apply to sugar upon the enactment
of this Act (Sept. 1, 1937)''. Provisions similar to former subsecs.
(1) to (4) were contained in the Sugar Act of 1948, section 1100 et seq.
of this title, which expired on Dec. 31, 1974.
1961 -- Subsec. (5). Pub. L. 87-128 struck out ''willfully'' after
''Any person'' and substituted provision for forfeiture of a sum equal
to the value of the excess at the current market price for the commodity
at the time of violation for provision for forfeiture of a sum equal to
three times the current market value of the excess.
1937 -- Subsec. (6). Act June 3, 1937, 2(c), struck out ''the
provisions of this section, or of''.
1935 -- Subsec. (1). Act Aug. 24, 1935, 8, substituted ''persons
engaged in handling'' for ''handlers'' wherever appearing; struck out
''or in competition with,'' in par. (B); inserted ''directly'' before
''to burden'' in par. (B); and struck out ''in any way'' in par. (B).
Subsec. (6). Act Aug. 24, 1935, 9, inserted ''or'' after
''regulation,'' and struck out ''or license''.
Subsec. (7). Act Aug. 24, 1935, 10, inserted last sentence.
Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United States
attorneys'' for ''district attorneys'' in subsec. (7). See section 541
of Title 28, Judiciary and Judicial Procedure, and Historical and
Revision Notes thereunder.
Admission of Hawaii into the Union was accomplished Aug. 21, 1959,
on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat.
c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18,
1959, 73 Stat. 4, set out as notes preceding 491 of Title 48,
Territories and Insular Possessions.
Act June 3, 1937, affirmed and validated, and reenacted without
change the provisions of subsections (5), (6), (7), (8), and (9) of this
section, except for the amendment to subsection (6) by section 2 of the
act. See note set out under section 601 of this title.
Anti-hog-cholera serum and hog-cholera virus provisions, provisions
of section as applicable to, see section 855 of this title.
Jurisdiction of district courts of actions for fines, penalties and
forfeitures, see section 1355 of Title 28, Judiciary and Judicial
Procedure.
Pendency of proceedings by handler for modification of order or
exemption as not impeding the United States or the Secretary from
obtaining relief pursuant to subsection (6) of this section, see section
608c of this title.
07 USC 608a-1. Repealed. Sept. 1, 1937, ch. 898, title V, 510, 50
Stat. 916
TITLE 7 -- AGRICULTURE
Section, act June 19, 1936, ch. 612, 2, 49 Stat. 1539, related to
additional provisions regulating the sugar quotas.
07 USC 608b. Marketing agreements; exemption from anti-trust laws;
inspection requirements for handlers not subject to agreements
TITLE 7 -- AGRICULTURE
(a) In order to effectuate the declared policy of this chapter, the
Secretary of Agriculture shall have the power, after due notice and
opportunity for hearing, to enter into marketing agreements with
processors, producers, associations of producers, and others engaged in
the handling of any agricultural commodity or product thereof, only with
respect to such handling as is in the current of interstate or foreign
commerce or which directly burdens, obstructs, or affects, interstate or
foreign commerce in such commodity or product thereof. The making of
any such agreement shall not be held to be in violation of any of the
antitrust laws of the United States, and any such agreement shall be
deemed to be lawful: Provided, That no such agreement shall remain in
force after the termination of this chapter.
(b)(1) If an agreement with the Secretary is in effect with respect
to peanuts pursuant to this section --
(A) all peanuts handled by persons who have not entered into such an
agreement with the Secretary shall be subject to inspection to the same
extent and manner as is required by such agreement; and
(B) no such peanuts shall be sold or otherwise disposed of for human
consumption if such peanuts fail to meet the quality requirements of
such agreement.
(2) Violation of this subsection by a person who has not entered into
such an agreement shall result in the assessment by the Secretary of a
penalty equal to 140 percent of the support price for quota peanuts
multiplied by the quantity of peanuts sold or disposed of in violation
of subsection (b)(1)(B) of this section, as determined under section
1445c-3 of this title, for the marketing year for the crop with respect
to which such violation occurs.
(May 12, 1933, ch. 25, title I, 8b, formerly 8(2), 48 Stat. 34;
Apr. 7, 1934, ch. 103, 7, 48 Stat. 528; renumbered and amended Aug.
24, 1935, ch. 641, 4, 49 Stat. 753; June 3, 1937, ch. 296, 1, 50
Stat. 246; June 30, 1947, ch. 166, title II, 206(d), 61 Stat. 208;
Dec. 12, 1989, Pub. L. 101-220, 4, 103 Stat. 1878; Dec. 13, 1991, Pub.
L. 102-237, title I, 115(1), 105 Stat. 1840.)
The provisions appearing in subsec. (a) of this section except the
first sentence, were originally enacted as part of section 8(2) of act
May 12, 1933, and formerly appeared as section 608(2) of this title.
1991 -- Subsec. (b)(2). Pub. L. 102-237 made technical amendment to
reference to section 1445c-3 of this title involving corresponding
provisions of original Act.
1989 -- Pub. L. 101-220 designated existing provisions as subsec.
(a) and added subsec. (b).
1947 -- Act June 30, 1947, repealed provisions providing for loans
from Reconstruction Finance Corporation.
1935 -- Act Aug. 24, 1935, designated subsection 2 of section 8 of
act May 12, 1933, as section 8b and amended first sentence generally.
1934 -- Act Apr. 7, 1934, empowered Secretary of Agriculture to
enter into marketing agreements with individual producers.
Section 4(c) of Pub. L. 101-220 provided that: ''The amendment made
by this section (amending this section) shall be effective with respect
to the 1990 and subsequent crops of peanuts.''
Act June 3, 1937, affirmed and validated, and reenacted without
change the provisions of this section. See note set out under section
601 of this title.
Anti-trust laws, see section 1 et seq. of Title 15, Commerce and
Trade.
Orders with marketing agreement, see section 608c of this title.
Termination of marketing agreements entered into under this section,
see section 608c of this title.
07 USC 608c. Orders regulating handling of commodity
TITLE 7 -- AGRICULTURE
(1) Issuance by Secretary
The Secretary of Agriculture shall, subject to the provisions of this
section, issue, and from time to time amend, orders applicable to
processors, associations of producers, and others engaged in the
handling of any agricultural commodity or product thereof specified in
subsection (2) of this section. Such persons are referred to in this
chapter as ''handlers.'' Such orders shall regulate, in the manner
hereinafter in this section provided, only such handling of such
agricultural commodity, or product thereof, as is in the current of
interstate or foreign commerce, or which directly burdens, obstructs, or
affects, interstate or foreign commerce in such commodity or product
thereof. In carrying out this section, the Secretary shall complete all
informal rulemaking actions necessary to respond to recommendations
submitted by administrative committees for such orders as expeditiously
as possible, but not more than 45 days (to the extent practicable) after
submission of the committee recommendations. The Secretary shall
establish time frames for each office and agency within the Department
of Agriculture to consider the committee recommendations.
(2) Commodities to which applicable; single commodities and separate
agricultural commodities
Orders issued pursuant to this section shall be applicable only to
(A) the following agricultural commodities and the products thereof
(except canned or frozen pears, grapefruit, cherries, apples, or
cranberries, the products of naval stores, and the products of
honeybees), or to any regional, or market classification of any such
commodity or product: Milk, fruits (including filberts, almonds,
pecans, and walnuts but not including apples, other than apples produced
in the States of Washington, Oregon, Idaho, New York, Michigan,
Maryland, New Jersey, Indiana, California, Maine, Vermont, New
Hampshire, Rhode Island, Massachusetts, Connecticut, Colorado, Utah, New
Mexico, Illinois, and Ohio, and not including fruits for canning or
freezing other than pears, olives, grapefruit, cherries, cranberries,
and apples produced in the States named above except Washington, Oregon,
and Idaho), tobacco, vegetables (not including vegetables, other than
asparagus, for canning or freezing and not including potatoes for
canning, freezing, or other processing), hops, honeybees, and naval
stores as included in the Naval Stores Act (7 U.S.C. 91 et seq.) and
standards established thereunder (including refined or partially refined
oleoresin): Provided, That no order issued pursuant to this section
shall be effective as to any grapefruit for canning or freezing unless
the Secretary of Agriculture determines, in addition to other findings
and determinations required by this chapter, that the issuance of such
order is approved or favored by the processors who, during a
representative period determined by the Secretary, have been engaged in
canning or freezing such commodity for market and have canned or frozen
for market more than 50 per centum of the total volume of such commodity
canned or frozen for market during such representative period; and (B)
any agricultural commodity (except honey, cotton, rice, wheat, corn,
grain sorghums, oats, barley, rye, sugarcane, sugarbeets, wool, mohair,
livestock, soybeans, cottonseed, flaxseed, poultry (but not excepting
turkeys and not excepting poultry which produce commercial eggs), fruits
and vegetables for canning or freezing, including potatoes for canning,
freezing, or other processing /1/ and apples), or any regional or market
classification thereof, not subject to orders under (A) of this
subdivision, but not the products (including canned or frozen
commodities or products) thereof. No order issued pursuant to this
section shall be effective as to cherries, apples, or cranberries for
canning or freezing unless the Secretary of Agriculture determines, in
addition to other required findings and determinations, that the
issuance of such order is approved or favored by processors who, during
a representative period determined by the Secretary, have engaged in
canning or freezing such commodity for market and have frozen or canned
more than 50 per centum of the total volume of the commodity to be
regulated which was canned or frozen within the production area, or
marketed within the marketing area, defined in such order, during such
representative period. No order issued pursuant to this section shall
be applicable to peanuts produced in more than one of the following
production areas: the Virginia-Carolina production area, the Southeast
production area, and the Southwest production area. If the Secretary
determines that the declared policy of this chapter will be better
achieved thereby (i) the commodities of the same general class and used
wholly or in part for the same purposes may be combined and treated as a
single commodity and (ii) the portion of an agricultural commodity
devoted to or marketed for a particular use or combination of uses, may
be treated as a separate agricultural commodity. All agricultural
commodities and products covered hereby shall be deemed specified herein
for the purposes of subsections (6) and (7) of this section.
(3) Notice and hearing
Whenever the Secretary of Agriculture has reason to believe that the
issuance of an order will tend to effectuate the declared policy of this
chapter with respect to any commodity or product thereof specified in
subsection (2) of this section, he shall give due notice of and an
opportunity for a hearing upon a proposed order.
(4) Finding and issuance of order
After such notice and opportunity for hearing, the Secretary of
Agriculture shall issue an order if he finds, and sets forth in such
order, upon the evidence introduced at such hearing (in addition to such
other findings as may be specifically required by this section) that the
issuance of such order and all of the terms and conditions thereof will
tend to effectuate the declared policy of this chapter with respect to
such commodity.
(5) Milk and its products; terms and conditions of orders
In the case of milk and its products, orders issued pursuant to this
section shall contain one or more of the following terms and conditions,
and (except as provided in subsection (7) of this section) no others:
(A) Classifying milk in accordance with the form in which or the
purpose for which it is used, and fixing, or providing a method for
fixing, minimum prices for each such use classification which all
handlers shall pay, and the time when payments shall be made, for milk
purchased from producers or associations of producers. Such prices
shall be uniform as to all handlers, subject only to adjustments for (1)
volume, market, and production differentials customarily applied by the
handlers subject to such order, (2) the grade or quality of the milk
purchased, and (3) the locations at which delivery of such milk, or any
use classification thereof, is made to such handlers. Throughout the
2-year period beginning on the effective date of this sentence (and
subsequent to such 2-year period unless modified by amendment to the
order involved), the minimum aggregate amount of the adjustments, under
clauses (1) and (2) of the preceding sentence, to prices for milk of the
highest use classification under orders that are in effect under this
section on December 23, 1985, shall be as follows:
Minimum Aggregate Dollar Amount of Such Adjustments
Marketing Area Per Hundredweight of Milk
Subject to Order Having 3.5 Percent Milkfat
New England $3.24
New York-New Jersey 3.14
Middle Atlantic 3.03
Georgia 3.08
Alabama-West Florida 3.08
Upper Florida 3.58
Tampa Bay 3.88
Southeastern Florida 4.18
Michigan Upper Peninsula 1.35
Southern Michigan 1.75
Eastern Ohio-Western Pennsylvania 1.95
Ohio Valley 2.04
Indiana 2.00
Chicago Regional 1.40
Central Illinois 1.61
Southern Illinois 1.92
Louisville-Lexington-Evansville 2.11
Upper Midwest 1.20
Eastern South Dakota 1.50
Black Hills, South Dakota 2.05
Iowa 1.55
Nebraska-Western Iowa 1.75
Greater Kansas City 1.92
Tennessee Valley 2.77
Nashville, Tennessee 2.52
Paducah, Kentucky 2.39
Memphis, Tennessee 2.77
Central Arkansas 2.77
Fort Smith, Arkansas 2.77
Southwest Plains 2.77
Texas Panhandle 2.49
Lubbock-Plainview, Texas 2.49
Texas 3.28
Greater Louisiana 3.28
New Orleans-Mississippi 3.85
Eastern Colorado 2.73
Western Colorado 2.00
Southwestern Idaho-Eastern Oregon 1.50
Great Basin 1.90
Lake Mead 1.60
Central Arizona 2.52
Rio Grande Valley 2.35
Puget Sound-Inland 1.85
Oregon-Washington 1.95
Effective at the beginning of such two-year period, the minimum
prices for milk of the highest use classification shall be adjusted for
the locations at which delivery of such milk is made to such handlers.
(B) Providing:
(i) for the payment to all producers and associations of producers
delivering milk to the same handler of uniform prices for all milk
delivered by them: Provided, That, except in the case of orders
covering milk products only, such provision is approved or favored by at
least three-fourths of the producers who, during a representative period
determined by the Secretary of Agriculture, have been engaged in the
production for market of milk covered in such order or by producers who,
during such representative period, have produced at least three-fourths
of the volume of such milk produced for market during such period; the
approval required hereunder shall be separate and apart from any other
approval or disapproval provided for by this section; or
(ii) for the payment to all producers and associations of producers
delivering milk to all handlers of uniform prices for all milk so
delivered, irrespective of the uses made of such milk by the individual
handler to whom it is delivered;
subject, in either case, only to adjustments for (a) volume, market,
and production differentials customarily applied by the handlers subject
to such order, (b) the grade or quality of the milk delivered, (c) the
locations at which delivery of such milk is made, (d) a further
adjustment to encourage seasonal adjustments in the production of milk
through equitable apportionment of the total value of the milk purchased
by any handler, or by all handlers, among producers on the basis of
their marketings of milk during a representative period of time, which
need not be limited to one year, (e) a provision providing for the
accumulation and disbursement of a fund to encourage seasonal
adjustments in the production of milk may be included in an order, and
(f) a further adjustment, equitably to apportion the total value of milk
purchased by any handler or by all handlers among producers on the basis
of the milk components contained in their marketings of milk.
(C) In order to accomplish the purposes set forth in paragraphs (A)
and (B) of this subsection, providing a method for making adjustments in
payments, as among handlers (including producers who are also handlers),
to the end that the total sums paid by each handler shall equal the
value of the milk purchased by him at the prices fixed in accordance
with paragraph (A) of this subsection.
(D) Providing that, in the case of all milk purchased by handlers
from any producer who did not regularly sell milk during a period of 30
days next preceding the effective date of such order for consumption in
the area covered thereby, payments to such producer, for the period
beginning with the first regular delivery by such producer and
continuing until the end of two full calendar months following the first
day of the next succeeding calendar month, shall be made at the price
for the lowest use classification specified in such order, subject to
the adjustments specified in paragraph (B) of this subsection.
(E) Providing (i) except as to producers for whom such services are
being rendered by a cooperative marketing association, qualified as
provided in paragraph (F) of this subsection, for market information to
producers and for the verification of weights, sampling, and testing of
milk purchased from producers, and for making appropriate deductions
therefor from payments to producers, and (ii) for assurance of, and
security for, the payment by handlers for milk purchased.
(F) Nothing contained in this subsection is intended or shall be
construed to prevent a cooperative marketing association qualified under
the provisions of sections 291 and 292 of this title, engaged in making
collective sales or marketing of milk or its products for the producers
thereof, from blending the net proceeds of all of its sales in all
markets in all use classifications, and making distribution thereof to
its producers in accordance with the contract between the association
and its producers: Provided, That it shall not sell milk or its
products to any handler for use or consumption in any market at prices
less than the prices fixed pursuant to paragraph (A) of this subsection
for such milk.
(G) No marketing agreement or order applicable to milk and its
products in any marketing area shall prohibit or in any manner limit, in
the case of the products of milk, the marketing in that area of any milk
or product thereof produced in any production area in the United States.
(H) Omitted
(I) Establishing or providing for the establishment of research and
development projects, and advertising (excluding brand advertising),
sales promotion, educational, and other programs designed to improve or
promote the domestic marketing and consumption of milk and its products,
to be financed by producers in a manner and at a rate specified in the
order, on all producer milk under the order. Producer contributions
under this subparagraph /2/ may be deducted from funds due producers in
computing total pool value or otherwise computing total funds due
producers and such deductions shall be in addition to the adjustments
authorized by paragraph (B) of this subsection. Provision may be made
in the order to exempt, or allow suitable adjustments or credits in
connection with, milk on which a mandatory checkoff for advertising or
marketing research is required under the authority of any State law.
Such funds shall be paid to an agency organized by milk producers and
producers' cooperative associations in such form and with such methods
of operation as shall be specified in the order. Such agency may expend
such funds for any of the purposes authorized by this subparagraph /2/
and may designate, employ, and allocate funds to persons and
organizations engaged in such programs which meet the standards and
qualifications specified in the order. All funds collected under this
subparagraph /2/ shall be separately accounted for and shall be used
only for the purposes for which they were collected. Programs
authorized by this subparagraph /2/ may be either local or national in
scope, or both, as provided in the order, but shall not be
international. Order provisions under this subparagraph /2/ shall not
become effective in any marketing order unless such provisions are
approved by producers separately from other order provisions, in the
same manner provided for the approval of marketing orders, and may be
terminated separately whenever the Secretary makes a determination with
respect to such provisions as is provided for the termination of an
order in subsection (16)(B) of this section. Disapproval or termination
of such order provisions shall not be considered disapproval of the
order or of other terms of the order. Notwithstanding any other
provision of this chapter, any producer against whose marketings any
assessment is withheld or collected under the authority of this
subparagraph, /2/ and who is not in favor of supporting the research and
promotion programs, as provided for herein, shall have the right to
demand and receive a refund of such assessment pursuant to the terms and
conditions specified in the order.
(J) Providing for the payment, from the total sums payable by all
handlers for milk (irrespective of the use classification of such milk)
and before computing uniform prices under paragraph (A) and making
adjustments in payments under paragraph (C), to handlers that are
cooperative marketing associations described in paragraph (F) and to
handlers with respect to which adjustments in payments are made under
paragraph (C), for services of marketwide benefit, including but not
limited to --
(i) providing facilities to furnish additional supplies of milk
needed by handlers and to handle and dispose of milk supplies in excess
of quantities needed by handlers;
(ii) handling on specific days quantities of milk that exceed the
quantities needed by handlers; and
(iii) transporting milk from one location to another for the purpose
of fulfilling requirements for milk of a higher use classification or
for providing a market outlet for milk of any use classification.
(K)(i) Notwithstanding any other provision of law, milk produced by
dairies --
(I) owned or controlled by foreign persons; and
(II) financed by or with the use of bonds the interest on which is
exempt from Federal income tax under section 103 of title 26;
shall be treated as other-source milk, and shall be allocated as milk
received from producer-handlers for the purposes of classifying producer
milk, under the milk marketing program established under this chapter.
For the purposes of this subparagraph, /2/ the term ''foreign person''
has the meaning given such term under section 3508(3) of this title.
(ii) The Secretary of Agriculture shall prescribe regulations to
carry out this subparagraph. /2/
(iii) This subparagraph /2/ shall not apply with respect to any dairy
that began operation before May 6, 1986.
(L) Providing that adjustments in payments by handlers under
paragraph (A) need not be the same as adjustments to producers under
paragraph (B) with regard to adjustments authorized by subparagraphs (2)
and (3) of paragraph (A) and clauses (b), (c), and (d) of paragraph
(B)(ii).
(6) Other commodities; terms and conditions of orders
In the case of the agricultural commodities and the products thereof,
other than milk and its products, specified in subsection (2) of this
section orders issued pursuant to this section shall contain one or more
of the following terms and conditions, and (except as provided in
subsection (7) of this section), no others:
(A) Limiting, or providing methods for the limitation of, the total
quantity of any such commodity or product, or of any grade, size, or
quality thereof, produced during any specified period or periods, which
may be marketed in or transported to any or all markets in the current
of interstate or foreign commerce or so as directly to burden, obstruct,
or affect interstate or foreign commerce in such commodity or product
thereof, during any specified period or periods by all handlers thereof.
(B) Allotting, or providing methods for allotting, the amount of such
commodity or product, or any grade, size, or quality thereof, which each
handler may purchase from or handle on behalf of any and all producers
thereof, during any specified period or periods, under a uniform rule
based upon the amounts sold by such producers in such prior period as
the Secretary determines to be representative, or upon the current
quantities available for sale by such producers, or both, to the end
that the total quantity thereof to be purchased, or handled during any
specified period or periods shall be apportioned equitably among
producers.
(C) Allotting, or providing methods for allotting, the amount of any
such commodity or product, or any grade, size, or quality thereof, which
each handler may market in or transport to any or all markets in the
current of interstate or foreign commerce or so as directly to burden,
obstruct, or affect interstate or foreign commerce in such commodity or
product thereof, under a uniform rule based upon the amounts which each
such handler has available for current shipment, or upon the amounts
shipped by each such handler in such prior period as the Secretary
determines to be representative, or both, to the end that the total
quantity of such commodity or product, or any grade, size, or quality
thereof, to be marketed in or transported to any or all markets in the
current of interstate or foreign commerce or so as directly to burden,
obstruct, or affect interstate or foreign commerce in such commodity or
product thereof, during any specified period or periods shall be
equitably apportioned among all of the handlers thereof.
(D) Determining, or providing methods for determining, the existence
and extent of the surplus of any such commodity or product, or of any
grade, size, or quality thereof, and providing for the control and
disposition of such surplus, and for equalizing the burden of such
surplus elimination or control among the producers and handlers thereof.
(E) Establishing or providing for the establishment of reserve pools
of any such commodity or product, or of any grade, size, or quality
thereof, and providing for the equitable distribution of the net return
derived from the sale thereof among the persons beneficially interested
therein.
(F) Requiring or providing for the requirement of inspection of any
such commodity or product produced during specified periods and marketed
by handlers.
(G) In the case of hops and their products in addition to, or in lieu
of, the foregoing terms and conditions, orders may contain one or more
of the following:
(i) Limiting, or providing methods for the limitation of, the total
quantity thereof, or of any grade, type, or variety thereof, produced
during any specified period or periods, which all handlers may handle in
the current of or so as directly to burden, obstruct, or affect
interstate or foreign commerce in hops or any product thereof.
(ii) Apportioning, or providing methods for apportioning, the total
quantity of hops of the production of the then current calendar year
permitted to be handled equitably among all producers in the production
area to which the order applies upon the basis of one or more or a
combination of the following: The total quantity of hops available or
estimated will become available for market by each producer from his
production during such period; the normal production of the acreage of
hops operated by each producer during such period upon the basis of the
number of acres of hops in production, and the average yield of that
acreage during such period as the Secretary determines to be
representative, with adjustments determined by the Secretary to be
proper for age of plantings or abnormal conditions affecting yield;
such normal production or historical record of any acreage for which
data as to yield of hops are not available or which had no yield during
such period shall be determined by the Secretary on the basis of the
yields of other acreage of hops of similar characteristics as to
productivity, subject to adjustment as just provided for.
(iii) Allotting, or providing methods for allotting, the quantity of
hops which any handler may handle so that the allotment fixed for that
handler shall be limited to the quantity of hops apportioned under
preceding clause (ii) to each respective producer of hops; such
allotment shall constitute an allotment fixed for that handler within
the meaning of subsection (5) of section 608a of this title.
(H) Providing a method for fixing the size, capacity, weight,
dimensions, or pack of the container, or containers, which may be used
in the packaging, transportation, sale, shipment, or handling of any
fresh or dried fruits, vegetables, or tree nuts: Provided, however,
That no action taken hereunder shall conflict with the Standard
Containers Act of 1916 (15 U.S.C. 251-256) and the Standard Containers
Act of 1928 (15 U.S.C. 257-257i).
(I) Establishing or providing for the establishment of production
research, marketing research and development projects designed to
assist, improve, or promote the marketing, distribution, and consumption
or efficient production of any such commodity or product, the expense of
such projects to be paid from funds collected pursuant to the marketing
order: Provided, That with respect to orders applicable to almonds,
filberts (otherwise known as hazelnuts), California-grown peaches,
cherries, papayas, carrots, citrus fruits, onions, Tokay grapes, pears,
dates, plums, nectarines, celery, sweet corn, limes, olives, pecans,
eggs, avocados, apples, raisins, walnuts, tomatoes, or Florida-grown
strawberries, such projects may provide for any form of marketing
promotion including paid advertising and with respect to almonds,
filberts (otherwise known as hazelnuts), raisins, walnuts, olives, and
Florida Indian River grapefruit may provide for crediting the pro rata
expense assessment obligations of a handler with all or any portion of
his direct expenditures for such marketing promotion including paid
advertising as may be authorized by the order and when the handling of
any commodity for canning or freezing is regulated, then any such
projects may also deal with the commodity or its products in canned or
frozen form: Provided further, That the inclusion in a Federal
marketing order of provisions for research and marketing promotion,
including paid advertising, shall not be deemed to preclude, preempt or
supersede any such provisions in any State program covering the same
commodity.
(J) In the case of pears for canning or freezing, any order for a
production area encompassing territory within two or more States or
portions thereof shall provide that the grade, size, quality, maturity,
and inspection regulation under the order applicable to pears grown
within any such State or portion thereof may be recommended to the
Secretary by the agency established to administer the order only if a
majority of the representatives from that State on such agency concur in
the recommendation each year.
(7) Terms common to all orders
In the case of the agricultural commodities and the products thereof
specified in subsection (2) of this section orders shall contain one or
more of the following terms and conditions:
(A) Prohibiting unfair methods of competition and unfair trade
practices in the handling thereof.
(B) Providing that (except for milk and cream to be sold for
consumption in fluid form) such commodity or product thereof, or any
grade, size, or quality thereof shall be sold by the handlers thereof
only at prices filed by such handlers in the manner provided in such
order.
(C) Providing for the selection by the Secretary of Agriculture, or a
method for the selection, of an agency or agencies and defining their
powers and duties, which shall include only the powers:
(i) To administer such order in accordance with its terms and
provisions;
(ii) To make rules and regulations to effectuate the terms and
provisions of such order;
(iii) To receive, investigate, and report to the Secretary of
Agriculture complaints of violations of such order; and
(iv) To recommend to the Secretary of Agriculture amendments to such
order.
No person acting as a member of an agency established pursuant to
this paragraph shall be deemed to be acting in an official capacity,
within the meaning of section 610(g) of this title, unless such person
receives compensation for his personal services from funds of the United
States. There shall be included in the membership of any agency
selected to administer a marketing order applicable to grapefruit or
pears for canning or freezing one or more representatives of processors
of the commodity specified in such order: Provided, That in a marketing
order applicable to pears for canning or freezing the representation of
processors and producers on such agency shall be equal.
(D) Incidental to, and not inconsistent with, the terms and
conditions specified in subsections (5) to (7) of this section and
necessary to effectuate the other provisions of such order.
(8) Orders with marketing agreement
Except as provided in subsection (9) of this section, no order issued
pursuant to this section shall become effective until the handlers
(excluding cooperative associations of producers who are not engaged in
processing, distributing, or shipping the commodity or product thereof
covered by such order) of not less than 50 per centum of the volume of
the commodity or product thereof covered by such order which is produced
or marketed within the production or marketing area defined in such
order have signed a marketing agreement, entered into pursuant to
section 608b of this title, which regulates the handling of such
commodity or product in the same manner as such order, except that as to
citrus fruits produced in any area producing what is known as California
citrus fruits no order issued pursuant to this subsection shall become
effective until the handlers of not less than 80 per centum of the
volume of such commodity or product thereof covered by such order have
signed such a marketing agreement: Provided, That no order issued
pursuant to this subsection shall be effective unless the Secretary of
Agriculture determines that the issuance of such order is approved or
favored:
(A) By at least two-thirds of the producers who (except that as to
citrus fruits produced in any area producing what is known as California
citrus fruits said order must be approved or favored by three-fourths of
the producers), during a representative period determined by the
Secretary, have been engaged, within the production area specified in
such marketing agreement or order, in the production for market of the
commodity specified therein, or who, during such representative period,
have been engaged in the production of such commodity for sale in the
marketing area specified in such marketing agreement, or order, or
(B) By producers who, during such representative period, have
produced for market at least two-thirds of the volume of such commodity
produced for market within the production area specified in such
marketing agreement or order, or who, during such representative period,
have produced at least two-thirds of the volume of such commodity sold
within the marketing area specified in such marketing agreement or
order.
(9) Orders with or without marketing agreement
Any order issued pursuant to this section shall become effective in
the event that, notwithstanding the refusal or failure of handlers
(excluding cooperative associations of producers who are not engaged in
processing, distributing, or shipping the commodity or product thereof
covered by such order) of more than 50 per centum of the volume of the
commodity or product thereof (except that as to citrus fruits produced
in any area producing what is known as California citrus fruits said per
centum shall be 80 per centum) covered by such order which is produced
or marketed within the production or marketing area defined in such
order to sign a marketing agreement relating to such commodity or
product thereof, on which a hearing has been held, the Secretary of
Agriculture determines:
(A) That the refusal or failure to sign a marketing agreement (upon
which a hearing has been held) by the handlers (excluding cooperative
associations of producers who are not engaged in processing,
distributing, or shipping the commodity or product thereof covered by
such order) of more than 50 per centum of the volume of the commodity or
product thereof (except that as to citrus fruits produced in any area
producing what is known as California citrus fruits said per centum
shall be 80 per centum) specified therein which is produced or marketed
within the production or marketing area specified therein tends to
prevent the effectuation of the declared policy of this chapter with
respect to such commodity or product, and
(B) That the issuance of such order is the only practical means of
advancing the interests of the producers of such commodity pursuant to
the declared policy, and is approved or favored:
(i) By at least two-thirds of the producers (except that as to citrus
fruits produced in any area producing what is known as California citrus
fruits said order must be approved or favored by three-fourths of the
producers) who, during a representative period determined by the
Secretary, have been engaged, within the production area specified in
such marketing agreement or order, in the production for market of the
commodity specified therein, or who, during such representative period,
have been engaged in the production of such commodity for sale in the
marketing area specified in such marketing agreement, or order, or
(ii) By producers who, during such representative period, have
produced for market at least two-thirds of the volume of such commodity
produced for market within the production area specified in such
marketing agreement or order, or who, during such representative period,
have produced at least two-thirds of the volume of such commodity sold
within the marketing area specified in such marketing agreement or
order.
(10) Manner of regulation and applicability
No order shall be issued under this section unless it regulates the
handling of the commodity or product covered thereby in the same manner
as, and is made applicable only to persons in the respective classes of
industrial or commercial activity specified in, a marketing agreement
upon which a hearing has been held. No order shall be issued under this
chapter prohibiting, regulating, or restricting the advertising of any
commodity or product covered thereby, nor shall any marketing agreement
contain any provision prohibiting, regulating, or restricting the
advertising of any commodity, or product covered by such marketing
agreement.
(11) Regional application
(A) No order shall be issued under this section which is applicable
to all production areas or marketing areas, or both, of any commodity or
product thereof unless the Secretary finds that the issuance of several
orders applicable to the respective regional production areas or
regional marketing areas, or both, as the case may be, of the commodity
or product would not effectively carry out the declared policy of this
chapter.
(B) Except in the case of milk and its products, orders issued under
this section shall be limited in their application to the smallest
regional production areas or regional marketing areas, or both, as the
case may be, which the Secretary finds practicable, consistently with
carrying out such declared policy.
(C) All orders issued under this section which are applicable to the
same commodity or product thereof shall, so far as practicable,
prescribe such different terms, applicable to different production areas
and marketing areas, as the Secretary finds necessary to give due
recognition to the differences in production and marketing of such
commodity or product in such areas.
(12) Approval of cooperative association as approval of producers
Whenever, pursuant to the provisions of this section, the Secretary
is required to determine the approval or disapproval of producers with
respect to the issuance of any order, or any term or condition thereof,
or the termination thereof, the Secretary shall consider the approval or
disapproval by any cooperative association of producers, bona fide
engaged in marketing the commodity or product thereof covered by such
order, or in rendering services for or advancing the interests of the
producers of such commodity, as the approval or disapproval of the
producers who are members of, stockholders in, or under contract with,
such cooperative association of producers.
(13) Retailer and producer exemption
(A) No order issued under subsection (9) of this section shall be
applicable to any person who sells agricultural commodities or products
thereof at retail in his capacity as such retailer, except to a retailer
in his capacity as a retailer of milk and its products.
(B) No order issued under this chapter shall be applicable to any
producer in his capacity as a producer.
(14) Violation of order; penalty
(A) Any handler subject to an order issued under this section, or any
officer, director, agent, or employee of such handler, who violates any
provision of such order shall, on conviction, be fined not less than $50
or more than $5,000 for each such violation, and each day during which
such violation continues shall be deemed a separate violation. If the
court finds that a petition pursuant to subsection (15) of this section
was filed and prosecuted by the defendant in good faith and not for
delay, no penalty shall be imposed under this subsection for such
violations as occurred between the date upon which the defendant's
petition was filed with the Secretary, and the date upon which notice of
the Secretary's ruling thereon was given to the defendant in accordance
with regulations prescribed pursuant to subsection (15) of this section.
(B) Any handler subject to an order issued under this section, or any
officer, director, agent, or employee of such handler, who violates any
provision of such order may be assessed a civil penalty by the Secretary
not exceeding $1,000 for each such violation. Each day during which
such violation continues shall be deemed a separate violation, except
that if the Secretary finds that a petition pursuant to paragraph (15)
was filed and prosecuted by the handler in good faith and not for delay,
no civil penalty may be assessed under this paragraph for such
violations as occurred between the date on which the handler's petition
was filed with the Secretary, and the date on which notice of the
Secretary's ruling thereon was given to the handler in accordance with
regulations prescribed pursuant to paragraph (15). The Secretary may
issue an order assessing a civil penalty under this paragraph only after
notice and an opportunity for an agency hearing on the record. Such
order shall be treated as a final order reviewable in the district
courts of the United States in any district in which the handler subject
to the order is an inhabitant, or has the handler's principal place of
business. The validity of such order may not be reviewed in an action
to collect such civil penalty.
(15) Petition by handler for modification of order or exemption;
court review of ruling of Secretary
(A) Any handler subject to an order may file a written petition with
the Secretary of Agriculture, stating that any such order or any
provision of any such order or any obligation imposed in connection
therewith is not in accordance with law and praying for a modification
thereof or to be exempted therefrom. He shall thereupon be given an
opportunity for a hearing upon such petition, in accordance with
regulations made by the Secretary of Agriculture, with the approval of
the President. After such hearing, the Secretary shall make a ruling
upon the prayer of such petition which shall be final, if in accordance
with law.
(B) The District Courts of the United States in any district in which
such handler is an inhabitant, or has his principal place of business,
are vested with jurisdiction in equity to review such ruling, provided a
bill in equity for that purpose is filed within twenty days from the
date of the entry of such ruling. Service of process in such
proceedings may be had upon the Secretary by delivering to him a copy of
the bill of complaint. If the court determines that such ruling is not
in accordance with law, it shall remand such proceedings to the
Secretary with directions either (1) to make such ruling as the court
shall determine to be in accordance with law, or (2) to take such
further proceedings as, in its opinion, the law requires. The pendency
of proceedings instituted pursuant to this subsection (15) shall not
impede, hinder, or delay the United States or the Secretary of
Agriculture from obtaining relief pursuant to section 608a(6) of this
title. Any proceedings brought pursuant to section 608a(6) of this
title (except where brought by way of counterclaim in proceedings
instituted pursuant to this subsection (15)) shall abate whenever a
final decree has been rendered in proceedings between the same parties,
and covering the same subject matter, instituted pursuant to this
subsection (15).
(16) Termination of orders and marketing agreements
(A)(i) Except as provided in clause (ii), the Secretary of
Agriculture shall, whenever he finds that any order issued under this
section, or any provision thereof, obstructs or does not tend to
effectuate the declared policy of this chapter, terminate or suspend the
operation of such order or such provision thereof.
(ii) The Secretary may not terminate any order issued under this
section for a commodity for which there is no Federal program
established to support the price of such commodity unless the Secretary
gives notice of, and a statement of the reasons relied upon by the
Secretary for, the proposed termination of such order to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the Committee
on Agriculture of the House of Representatives not later than 60 days
before the date such order will be terminated.
(B) The Secretary shall terminate any marketing agreement entered
into under section 608b of this title, or order issued under this
section, at the end of the then current marketing period for such
commodity, specified in such marketing agreement or order, whenever he
finds that such termination is favored by a majority of the producers
who, during a representative period determined by the Secretary, have
been engaged in the production for market of the commodity specified in
such marketing agreement or order, within the production area specified
in such marketing agreement or order, or who, during such representative
period, have been engaged in the production of such commodity for sale
within the marketing area specified in such marketing agreement or
order: Provided, That such majority have, during such representative
period, produced for market more than 50 per centum of the volume of
such commodity produced for market within the production area specified
in such marketing agreement or order, or have, during such
representative period, produced more than 50 per centum of the volume of
such commodity sold in the marketing area specified in such marketing
agreement or order, but such termination shall be effective only if
announced on or before such date (prior to the end of the then current
marketing period) as may be specified in such marketing agreement or
order.
(C) Except as otherwise provided in this subsection with respect to
the termination of an order issued under this section, the termination
or suspension of any order or amendment thereto or provision thereof,
shall not be considered an order within the meaning of this section.
(17) Provisions applicable to amendments
The provisions of this section and section 608d of this title
applicable to orders shall be applicable to amendments to orders:
Provided, That notice of a hearing upon a proposed amendment to any
order issued pursuant to this section, given not less than three days
prior to the date fixed for such hearing, shall be deemed due notice
thereof: Provided further, That if one-third or more of the producers
as defined in a milk order apply in writing for a hearing on a proposed
amendment of such order, the Secretary shall call such a hearing if the
proposed amendment is one that may legally be made to such order.
Subsection (12) of this section shall not be construed to permit any
cooperative to act for its members in an application for a hearing under
the foregoing proviso and nothing in such proviso shall be construed to
preclude the Secretary from calling an amendment hearing as provided in
subsection (3) of this section. The Secretary shall not be required to
call a hearing on any proposed amendment to an order in response to an
application for a hearing on such proposed amendment if the application
requesting the hearing is received by the Secretary within ninety days
after the date on which the Secretary has announced the decision on a
previously proposed amendment to such order and the two proposed
amendments are essentially the same.
(18) Milk prices
The Secretary of Agriculture, prior to prescribing any term in any
marketing agreement or order, or amendment thereto, relating to milk or
its products, if such term is to fix minimum prices to be paid to
producers or associations of producers, or prior to modifying the price
fixed in any such term, shall ascertain the parity prices of such
commodities. The prices which it is declared to be the policy of
Congress to establish in section 602 of this title shall, for the
purposes of such agreement, order, or amendment, be adjusted to reflect
the price of feeds, the available supplies of feeds, and other economic
conditions which affect market supply and demand for milk or its
products in the marketing area to which the contemplated marketing
agreement, order, or amendment relates. Whenever the Secretary finds,
upon the basis of the evidence adduced at the hearing required by
section 608b of this title or this section, as the case may be, that the
parity prices of such commodities are not reasonable in view of the
price of feeds, the available supplies of feeds, and other economic
conditions which affect market supply and demand for milk and its
products in the marketing area to which the contemplated agreement,
order, or amendment relates, he shall fix such prices as he finds will
reflect such factors, insure a sufficient quantity of pure and wholesome
milk to meet current needs and further to assure a level of farm income
adequate to maintain productive capacity sufficient to meet anticipated
future needs, and be in the public interest. Thereafter, as the
Secretary finds necessary on account of changed circumstances, he shall,
after due notice and opportunity for hearing, make adjustments in such
prices.
(19) Producer or processor referendum for approving order
For the purpose of ascertaining whether the issuance of an order is
approved or favored by producers or processors, as required under the
applicable provisions of this chapter, the Secretary may conduct a
referendum among producers or processors and in the case of an order
other than an amendatory order shall do so. The requirements of
approval or favor under any such provision shall be held to be complied
with if, of the total number of producers or processors, or the total
volume of production, as the case may be, represented in such
referendum, the percentage approving or favoring is equal to or in
excess of the percentage required under such provision. The terms and
conditions of the proposed order shall be described by the Secretary in
the ballot used in the conduct of the referendum. The nature, content,
or extent of such description shall not be a basis for attacking the
legality of the order or any action relating thereto. Nothing in this
subsection shall be construed as limiting representation by cooperative
associations as provided in subsection (12) of this section. For the
purpose of ascertaining whether the issuance of an order applicable to
pears for canning or freezing is approved or favored by producers as
required under the applicable provisions of this chapter, the Secretary
shall conduct a referendum among producers in each State in which pears
for canning or freezing are proposed to be included within the
provisions of such marketing order and the requirements of approval or
favor under any such provisions applicable to pears for canning or
freezing shall be held to be complied with if, of the total number of
producers, or the total volume of production, as the case may be,
represented in such referendum, the percentage approving or favoring is
equal to or in excess of 66 2/3 per centum except that in the event that
pear producers in any State fail to approve or favor the issuance of any
such marketing order, it shall not be made effective in such State.
(May 12, 1933, ch. 25, title I, 8c, as added Aug. 24, 1935, ch.
641, 5, 49 Stat. 753; amended June 25, 1936, ch. 804, 49 Stat. 1921;
June 3, 1937, ch. 296, 1, 2(d), (e), (f), (k), (l), (m), 50 Stat.
246, 247; Aug. 5, 1937, ch. 567, 50 Stat. 563; Apr. 13, 1938, ch.
143, 1, 2, 52 Stat. 215; May 31, 1939, ch. 157, 53 Stat. 793; Feb.
10, 1942, ch. 52, 2, 3, 56 Stat. 85; 1947 Reorg. Plan No. 1, 102,
eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; Aug. 1, 1947, ch. 425,
2, 4, 61 Stat. 707, 710; July 3, 1948, ch. 827, title III, 302(b),
(c), 62 Stat. 1258; June 29, 1949, ch. 273, 63 Stat. 282; Aug. 28,
1954, ch. 1041, title IV, 401(b)-(d), 68 Stat. 906, 907; Aug. 8, 1961,
Pub. L. 87-128, title I, 141(3), (4), 75 Stat. 304, 305; Sept. 27,
1962, Pub. L. 87-703, title IV, 403, 76 Stat. 632; Nov. 3, 1965, Pub.
L. 89-321, title I, 101, 102, 79 Stat. 1187; Nov. 8, 1965, Pub. L.
89-330, 1(b), 79 Stat. 1270; Feb. 20, 1970, Pub. L. 91-196, 1, 84
Stat. 14; June 25, 1970, Pub. L. 91-292, 1(2), 84 Stat. 333; July 18,
1970, Pub. L. 91-341, 84 Stat. 438; July 31, 1970, Pub. L. 91-363, 84
Stat. 687; Aug. 18, 1970, Pub. L. 91-384, 84 Stat. 827; Nov. 25, 1970,
Pub. L. 91-522, 84 Stat. 1357; Nov. 30, 1970, Pub. L. 91-524, title
II, 201(a), 84 Stat. 1359; Jan. 11, 1971, Pub. L. 91-670, title I,
101, title II, 201, 84 Stat. 2040, 2041; Aug. 13, 1971, Pub. L.
92-120, 85 Stat. 340; Feb. 15, 1972, Pub. L. 92-233, 86 Stat. 39; Oct.
6, 1972, Pub. L. 92-466, 86 Stat. 780; Nov. 30, 1970, Pub. L. 91-524,
title II, 201(f), as added Aug. 10, 1973, Pub. L. 93-86, 1(2)(B), 87
Stat. 222; Dec. 29, 1973, Pub. L. 93-230, 87 Stat. 945; May 15, 1978,
Pub. L. 95-279, title IV, 401(a), 92 Stat. 242; Dec. 3, 1980, Pub. L.
96-494, title I, 101, 94 Stat. 2570; Dec. 22, 1981, Pub. L. 97-98,
title I, 101(a), 95 Stat. 1218; Nov. 29, 1983, Pub. L. 98-171, 1, 97
Stat. 1117; Nov. 29, 1983, Pub. L. 98-180, title III, 304, 97 Stat.
1151; Dec. 23, 1985, Pub. L. 99-198, title I, 131(a), 133, title
XVI, 1661(a), 1662(a), 99 Stat. 1372, 1373, 1630, 1631; Dec. 22,
1987, Pub. L. 100-203, title I, 1501, 101 Stat. 1330-27; Aug. 23,
1988, Pub. L. 100-418, title IV, 4601, 4602, 102 Stat. 1407; Nov. 28,
1990, Pub. L. 101-624, title I, 112, 113, title XIII, 1306, 104 Stat.
3380, 3561; Dec. 13, 1991, Pub. L. 102-237, title I, 115(2), 105
Stat. 1840; Oct. 28, 1992, Pub. L. 102-553, 2, 106 Stat. 4141.)
For termination of amendment by section 101(b) of Pub. L. 97-98, see
Effective and Termination Dates of 1981 Amendment note below.
The Naval Stores Act, referred to in subsec. (2), is act Mar. 3,
1923, ch. 217, 42 Stat. 1435, as amended, which is classified
generally to chapter 4 ( 91 et seq.) of this title. For complete
classification of this Act to the Code, see section 91 of this title and
Tables.
For the effective date of this sentence, referred to in subsec.
(5)(A), see Effective Date of 1985 Amendment note below.
The Standard Containers Act of 1916 and the Standard Containers Act
of 1928, referred to in subsec. (6)(H), are act Aug. 31, 1916, ch.
426, 39 Stat. 673, as amended, and act May 21, 1928, ch. 664, 45 Stat.
685, as amended, respectively, and were repealed by Pub. L. 90-628,
1(a), (b), Oct. 22, 1968, 82 Stat. 1320.
Subsec. (5)(H), which permitted marketing orders applicable to milk
and its products to be limited in application to milk used for
manufacturing, was omitted as terminated. See Termination of 1965
Amendments note set out below.
Phrase ''with the approval of the President,'' following ''Secretary
of Agriculture'' in opening par. of subsec. (9) of this section was
omitted on the authority of 1947 Reorg. Plan No. 1, set out in the
Appendix to Title 5, Government Organization and Employees, which
abolished the function of the President with respect to approving
determinations of the Secretary of Agriculture in connection with
agricultural marketing orders under this section.
The words ''(including the district court of the United States for
the District of Columbia)'' in subsec. (15)(B) following ''The District
Courts of the United States'' have been deleted as superfluous in view
of section 132(a) of Title 28, Judiciary and Judicial Procedure which
states that ''There should be in each judicial district a district court
which shall be a court of record known as the United States District
Court for the district'', and section 88 of said Title 28 which states
that ''The District of Columbia constitutes one judicial district.''
In subsec. (18), ''or, in the case of orders applying only to
manufacturing milk, the production area'' following ''marketing area''
in two places, was deleted from the Code. See Termination of 1965
Amendments note set out below.
1992 -- Subsec. (1). Pub. L. 102-553 inserted at end ''In carrying
out this section, the Secretary shall complete all informal rulemaking
actions necessary to respond to recommendations submitted by
administrative committees for such orders as expeditiously as possible,
but not more than 45 days (to the extent practicable) after submission
of the committee recommendations. The Secretary shall establish time
frames for each office and agency within the Department of Agriculture
to consider the committee recommendations.''
1991 -- Subsec. (5)(B). Pub. L. 102-237 substituted '', and'' for
''and,'' before cl. (f) in last sentence.
1990 -- Subsec. (5)(B)(f). Pub. L. 101-624, 112, added cl. (f).
Subsec. (5)(L). Pub. L. 101-624, 113, added par. (L).
Subsec. (14)(A). Pub. L. 101-624, 1306(1), struck out ''(other than
a provision calling for payment of a pro rata share of expenses)''
before ''shall, on conviction'' and substituted ''. If'' for '':
Provided, That if''.
Subsec. (14)(B). Pub. L. 101-624, 1306(2), struck out ''(other than
a provision calling for payment of a pro rata share of expenses)''
before ''may be assessed''.
1988 -- Subsec. (5)(K). Pub. L. 100-418, 4601, added par. (K).
Subsec. (6)(I). Pub. L. 100-418, 4602, substituted ''tomatoes, or
Florida-grown strawberries,'' for ''or tomatoes''.
1987 -- Subsec. (14). Pub. L. 100-203 designated existing provisions
as par. (A) and added par. (B).
1985 -- Subsec. (5)(A). Pub. L. 99-198, 131(a), inserted
provisions, with accompanying table, establishing the minimum aggregate
amounts of the adjustments under cls. (1) and (2) to prices for milk of
the highest use classification under orders in effect on Dec. 23, 1985,
and requiring that such prices be adjusted for the locations at which
delivery of such milk is made to such handlers.
Subsec. (5)(J). Pub. L. 99-198, 133, added par. (J).
Subsec. (14). Pub. L. 99-198, 1661(a), substituted ''$5,000'' for
''$500''.
Subsec. (16)(A). Pub. L. 99-198, 1662(a)(1), designated existing
provisions of par. (A) as cl. (i), substituted ''Except as provided in
clause (ii), the Secretary'' for ''The Secretary'', and added cl. (ii).
Subsec. (16)(C). Pub. L. 99-198, 1662(a)(2), substituted ''Except as
otherwise provided in this subsection with respect to the termination of
an order issued under this section, the termination'' for ''The
termination''.
1983 -- Subsec. (2). Pub. L. 98-180, 304(1), substituted ''poultry
(but not excepting turkeys and not excepting poultry which produce
commercial eggs),'' for ''poultry (but not excepting turkeys), eggs (but
not excepting turkey hatching eggs),''.
Subsec. (6)(I). Pub. L. 98-180, 304(2), inserted ''eggs,'' after
''pecans,''.
Pub. L. 98-171 inserted ''filberts (otherwise known as hazelnuts),''
after ''almonds,'' in two places.
1981 -- Subsec. (5)(B). Pub. L. 97-98, 101(a)(1), struck out cl.
(f) which extended authority for Class I Base Plans, provided for a
representative Class I base period of one to three years to be
automatically updated each year, inserted provisions to automatically
keep the total of bases closely related to changing levels of market
utilization, provided authorization for transfers of Class I bases on
such terms and conditions as prescribed in the order by the Secretary,
added authority to make provision in the order for the alleviation of
hardship and inequity among producers including abnormally low
production during a base forming period due to circumstances beyond his
control, operation during part but not all of a base period, acts of
God, and reduced marketing due to diseases, pesticides, residues, and
condemnation of milk, and removed provision under which the
participation of new producers in the market's Class I sales was
confined to increases in such sales with defined exceptions.
Subsec. (17). Pub. L. 97-98, 101(a)(2), inserted provisions
governing procedures when one-third or more of producers apply in
writing for a hearing on a proposed amendment of an order, prohibiting
any construction of subsec. (12) in a way which might permit
cooperatives to act for their members in applying for hearings, and
excusing the Secretary from the requirement of having to call a hearing
on proposed amendments to an order in response to an application for
such a hearing when the application for such a hearing is received by
the Secretary within ninety days after the date on which the Secretary
has announced his decision on a previously proposed amendment to such
order and the two proposed amendments are essentially the same. An
identical amendment was made by Pub. L. 91-524, 201(f)(1), as added
by Pub. L. 93-86, see Termination of 1970 Amendment note set out below.
Subsec. (18). Pub. L. 97-98, 101(a)(3), inserted ''to meet current
needs and further to assure a level of farm income adequate to maintain
productive capacity sufficient to meet anticipated future needs'' after
''pure and wholesome milk''. An identical amendment was made by Pub.
L. 91-524, 201(f)(2), as added by Pub. L. 93-86, see Termination of
1970 Amendment note set out below.
1980 -- Subsec. (6)(I). Pub. L. 96-494 inserted ''walnuts'' before
''or tomatoes'' and substituted ''walnuts, olives, and Florida Indian
River grapefruit'' for ''Florida Indian River grapefruit''.
1978 -- Subsec. (6)(I). Pub. L. 95-279 inserted ''raisins'' after
''apples'' and after ''with respect to almonds''.
1973 -- Subsec. (6)(I). Pub. L. 93-230 inserted ''and Florida Indian
River grapefruit'' after ''with respect to almonds''.
Subsec. (17). Pub. L. 91-524, 201(f)(1), as added by Pub. L.
93-86, inserted provisions governing procedures when one-third or more
of producers apply in writing for a hearing on a proposed amendment of
an order, prohibiting any construction of subsec. (12) in a way which
might permit cooperatives to act for their members in applying for
hearings, and excusing the Secretary from the requirement of having to
call a hearing on proposed amendments to an order in response to an
application for such a hearing when the application for such a hearing
is received by the Secretary within ninety days after the date on which
the Secretary has announced his decision on a previously proposed
amendment to such order and the two proposed amendments are essentially
the same.
Subsec. (18). Pub. L. 91-524, 201(f)(2), as added by Pub. L.
93-86, inserted ''to meet current needs and further to assure a level of
farm income adequate to maintain productive capacity sufficient to meet
anticipated future needs'' after ''insure a sufficient quantity of pure
and wholesome milk''.
1972 -- Subsec. (2). Pub. L. 92-233 inserted potatoes for canning,
freezing or other processing to the agricultural commodities excluded
from the categories of commodities which the Secretary may regulate.
The amendment served to make permanent the temporary exemption first
inserted by Pub. L. 91-196. See 1970 Amendment note and Effective Date
of 1970 Amendment note.
Subsec. (2)(A). Pub. L. 92-466, 1(1), inserted ''pears,'' after
''except canned or frozen'' and after ''canning or freezing other
than''.
Subsec. (6)(I). Pub. L. 92-466, 1(2), struck out ''fresh'' before
''pears'' and provided that when the handling of any commodity for
canning or freezing is regulated, then any projects may also deal with
the commodity or its products in canned or frozen form.
Subsec. (6)(J). Pub. L. 92-466, 1(5), added par. (J).
Subsec. (7)(C). Pub. L. 92-466, 1(3), inserted ''or pears'' after
''marketing order applicable to grapefruit'' and inserted proviso that
in a marketing order applicable to pears for canning or freezing the
representation of processors and producers on the agency shall be equal.
Subsec. (19). Pub. L. 92-466, 1(4), inserted provision respecting
producer or processor referendum for approving order applicable to pears
for canning or freezing.
1971 -- Subsec. (5)(I). Pub. L. 91-670, 101, added par. (I).
Subsec. (6)(I). Pub. L. 92-120 inserted reference to
''California-grown peaches'' in proviso.
Pub. L. 91-670, 201, inserted reference to ''tomatoes'' in proviso.
1970 -- Subsec. (2). Pub. L. 91-196 inserted potatoes for canning,
freezing or other processing to the category of agricultural commodities
excluded from the Secretary's power to issue orders to regulate the
handling of such commodities.
Subsec. (2)(A). Pub. L. 91-341 inserted provision for marketing
orders for apples produced in Colorado, Utah, New Mexico, Illinois and
Ohio.
Subsec. (5)(B). Pub. L. 91-524 retained and separately stated the
existing authority for base-surplus or base-excess provisions in milk
marketing orders in cl. (d), clarified and reaffirmed, in cl. (e), the
authority for plans under which leveling of spring and fall production
is encouraged by withholding from sums paid for milk in the spring and
subsequently paying the same sums to producers in the fall, and, in cl.
(f), extended the authority for Class I Base Plans, provided for a
representative Class I base period of one to three years to be
automatically updated each year, inserted provisions to automatically
keep the total of bases closely related to changing levels of market
utilization, provided authorization for transfers of Class I bases on
such terms and conditions as prescribed in the order by the Secretary,
added authority to make provision in the order for the alleviation of
hardship and inequity among producers including abnormally low
production during a base forming period due to circumstances beyond his
control, operation during part but not all of a base period, acts of
God, and reduced marketing due to diseases, pesticides, residues, and
condemnation of milk, and removed provision under which the
participation of new producers in the market's Class I sales was
confined to increases in such sales with defined exceptions.
Subsec. (6)(I). Pub. L. 91-522 in first proviso inserted
applicability to almonds and provisions authorizing with respect to
almonds the crediting of the pro rata expense assessment obligations of
a handler with all or any portion of his direct expenditures for
marketing promotion including paid advertising as authorized by the
order, and in second proviso inserted provisions relating to marketing
promotion, including paid advertising, in Federal marketing orders.
Pub. L. 91-384 inserted ''papayas,'' after ''applicable to
cherries,''.
Pub. L. 91-363 substituted ''avocados, or apples'' for ''or
avocados'' in proviso.
Pub. L. 91-292 authorized the establishment of production research,
inserted efficient production to the enumeration of aims to be served by
established projects, and inserted proviso that the inclusion in a
Federal marketing order of provisions for research not be deemed to
preclude, preempt, or supersede research provisions in any State program
covering the same commodity.
1965 -- Subsec. (5). Pub. L. 89-321, 101, 102, inserted '', which
may be adjusted to reflect sales of such milk by any handler or by all
handlers in any classification or classifications,'' before ''during a
representative period of time'' in cl. (d) of par. (B) and, after
''representative period of time'', inserted ''which need not be limited
to one year'' in completion of first sentence of cl. (d) as well as all
the remaining sentences in completion of cl. (d), and added par. (H).
Subsec. (6)(I). Pub. L. 89-330 inserted ''carrots, citrus fruits,
onions, Tokay grapes, fresh pears, dates, plums, nectarines, celery,
sweet corn, limes, olives, pecans, or avocados'' in proviso.
Subsec. (18). Pub. L. 89-321, 102, inserted ''or, in the case of
orders applying only to manufacturing milk, the production area'' after
''marketing area'' wherever occurring.
1962 -- Subsec. (6)(I). Pub. L. 87-703 inserted the cherry marketing
order provisions for advertising.
1961 -- Subsec. (2). Pub. L. 87-128, 141(3), designated existing
provisions as par. (A), included in exception provision thereof
cherries, apples, and cranberries, substituted ''Idaho, New York,
Michigan, Maryland, New Jersey, Indiana, California, Maine, Vermont, New
Hampshire, Rhode Island, Massachusetts, and Connecticut, and not
including fruits for canning or freezing other than olives, grapefruit,
cherries, cranberries, and apples produced in the States named above
except Washington, Oregon, and Idaho)'' for ''and Idaho, and not
including fruits, other than olives and grapefruit, for canning or
freezing)'', struck out ''soybeans'' before '', hops, honeybees'', and
added par. (B) and provisions respecting the effectiveness of orders as
to cherries, apples and cranberries for canning or freezing, the
applicability of orders to peanuts, the treatment of commodities as
single commodities and separate agricultural commodities, and the
deeming of the covered agricultural commodities and products as
specified in the subsection.
Subsec. (19). Pub. L. 87-128, 141(4), provided for processor
referendum for approving order, required referendum in case of an order
other than an amendatory order, and a description of the terms and
conditions of the proposed order in the ballot used in the conduct of
the referendum, and prohibited the use of such description as a basis
for attacking legality of orders or any action relating thereto.
1954 -- Subsec. (2). Act Aug. 28, 1954, 401(b), made grapefruit
for canning and freezing (but not the canned or frozen product) subject
to its provisions, and inserted proviso.
Subsec. (6). Act Aug. 28, 1954, 401(c), brought within its scope
all agricultural commodities specified in subsec. (2) of this section,
and added pars. (H) and (I).
Subsec. (7)(C). Act Aug. 28, 1954, 401(d), provided for the
appointment of representatives from the grapefruit for canning
processors.
1949 -- Subsecs. (2), (6). Act June 29, 1949, made section
applicable to filberts and almonds.
1948 -- Subsec. (17). Act July 3, 1948, 302(c), struck out
''section 608e of this title''.
Subsec. (18). Act July 3, 1948, 302(b), made definition of
''parity'' conform to definition stated in section 1301(a)(1) of this
title.
1947 -- Subsec. (2). Act Aug. 1, 1947, inserted ''or freezing''
after ''canning'' in two places.
Subsec. (6). Act Aug. 1, 1947, in opening par., inserted ''or
freezing'' after ''canning'' in two places, reenacted pars. (A) to (E)
without change, inserted par. (F), redesignated former par. (F) as (G)
and reenacted such par. without further change.
1942 -- Subsec. (6), opening par. Act Feb. 10, 1942, 2, inserted
''and their products'' after ''hops''.
Subsec. (6)(F). Act Feb. 10, 1942, 3, added par. (F).
1939 -- Subsecs. (2), (6). Act May 31, 1939, amended Act June 3,
1937, 2, by adding subsection (m) thereto, which in turn amended
subsecs. (2) and (6) of this section.
1938 -- Subsec. (2). Act Apr. 13, 1938, 1, inserted ''hops'' after
''soybeans''.
Subsec. (6). Act Apr. 13, 1938, 2, inserted ''hops'' after
''soybeans and their products''.
1937 -- Subsec. (2). Act Aug. 5, 1937, amended act June 3, 1937, by
adding thereto subsec. (k), which in turn amended subsec. (2) by
inserting ''and the products of honeybees'' after ''except the products
of naval stores'' and '', honeybees'' after ''soybeans''.
Subsec. (5)(B)(d). Act June 3, 1937, 2(d), substituted
''marketings'' for ''production''.
Subsec. (6). Act Aug. 5, 1937, amended act June 3, 1937, by adding
subsec. (l), which in turn amended subsec. (6) by inserting
''honeybees'' after ''soybeans and their products,''.
Subsec. (6)(B). Act June 3, 1937, 2(e), struck out ''produced or''
and ''production or sales of'' and inserted in lieu thereof ''quantities
available for sale by''.
Subsecs. (18), (19). Act June 3, 1937, 2(f), added subsecs. (18)
and (19). See note set out under section 601 of this title.
1936 -- Act June 25, 1936, provided that the Supreme Court of the
District of Columbia should thereafter be known as the ''district court
of the United States for the District of Columbia''.
1935 -- Section added to the Agricultural Adjustment Act by act Aug.
24, 1935, which also struck out former section 608(3) of this title.
Amendments by sections 112 and 113 of Pub. L. 101-624 effective
beginning with 1991 crop of an agricultural commodity, with provision
for prior crops, see section 1171 of Pub. L. 101-624, set out as a note
under section 1421 of this title.
Section 131(b) of Pub. L. 99-198 provided that: ''The amendment
made by this section (amending this section) shall take effect on the
first day of the first month beginning more than 120 days after the date
of the enactment of this Act (Dec. 23, 1985).''
Section 133 of Pub. L. 99-198 provided that the amendment made by
that section is effective Jan. 1, 1986.
Section 1661(b) of Pub. L. 99-198 provided that: ''The amendment
made by subsection (a) (amending this section) shall not apply with
respect to any violation described in section 8c(14) of the Agricultural
Adjustment Act (subsec. (14) of this section) occurring before the date
of the enactment of this Act (Dec. 23, 1985).''
Section 101(b) of Pub. L. 97-98, as amended by Pub. L. 99-198,
title I, 132, Dec. 23, 1985, 99 Stat. 1373; Pub. L. 101-624, title
I, 108, Nov. 28, 1990, 104 Stat. 3380, provided that: ''The
provisions of subsection (a) (amending this section) shall become
effective January 1, 1982, and shall terminate December 31, 1995.''
Section 401(a) of Pub. L. 95-279 provided that the amendment made by
that section is effective Oct. 1, 1978.
Section 2 of Pub. L. 91-196 provided that: ''The amendments made by
this Act (amending this section) shall be effective only during the
period beginning with the date of enactment of this Act (Feb. 20, 1970)
and ending two years after such date.'' The limited effective period
beginning Feb. 20, 1970, and ending two years after such date for the
amendment made by Pub. L. 91-196 was removed as a result of the
enactment of Pub. L. 92-233, Feb. 15, 1972, 86 Stat. 39, which made
an amendment to the section identical to that made by Pub. L. 91-196
but without a time limit on such amendment of the type which had limited
the duration of such earlier Pub. L. 91-196 amendment.
Amendment by act July 3, 1948, effective Jan. 1, 1950, see section
303 of act July 3, 1948, set out as a note under section 1301 of this
title.
Section 201(e) of Pub. L. 91-524, as amended by Pub. L. 93-86,
1(2)(A), Aug. 10, 1973, 87 Stat. 222; Pub. L. 95-113, title II, 201,
Sept. 29, 1977, 91 Stat. 919, provided that: ''The provisions of this
section (amending this section) shall not be effective after December
31, 1981, except with respect to orders providing for class I base plans
issued prior to such date, but in no event shall any order so issued
extend or be effective beyond December 31, 1984.''
Producer Handlers of Milk to Pre-Amendment Status
Sections 103 and 104 of Pub. L. 89-321, as amended by Pub. L.
90-559, 1(3), Oct. 11, 1968, 82 Stat. 996, provided that:
''Sec. 103. The provisions of this title (amending this section)
shall not be effective after December 31, 1970.
''Sec. 104. The legal status of producer handlers of milk under the
provisions of the Agricultural Adjustment Act, as reenacted and amended
by the Agricultural Marketing Agreement Act of 1937, as amended, shall
be the same subsequent to the adoption of the amendments made by this
title (amending this section) as it was prior thereto.''
Section 1 of Pub. L. 89-321 provided: ''That this Act (enacting
sections 1305, 1306, 1316, 1344b, 1379, 1446a-1, and 1838 of this title,
amending sections 608c, 1301, 1314b, 1332, 1333, 1334, 1335, 1339,
1339a, 1339c, 1340, 1346, 1348, 1350, 1353, 1374, 1379b, 1379c, 1379d,
1379e, 1379g, 1379i, 1423, 1427, 1428, 1444, 1445a, and 1782 of this
title and section 590p of Title 16, Conservation, repealing sections
1801 to 1816, 1821 to 1824, 1831, and 1832 to 1837 of this title,
enacting provisions set out as notes under sections 608c, 1282, 1301,
1332, 1334, 1339, 1350, 1359, 1379b, 1379c, 1379d, 1379i, 1428, 1441,
and 1445a of this title and section 590p of Title 16, and amending
provisions set out as notes under sections 1339, 1379c, and 1427 of this
title) may be cited as the 'Food and Agriculture Act of 1965'.''
Section 103 of Pub. L. 101-624 provided that:
''(a) In General. -- Within 60 days of the date of enactment of this
Act (Nov. 28, 1990), the Secretary of Agriculture shall commence to
accept alternative pricing formula recommendations, as they may relate
to the Minnesota-Wisconsin price series used to determine the minimum
prices paid under milk marketing orders, in order to amend such milk
marketing orders authorized under section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937. Among the alternative
pricing formulas to be considered by the Secretary shall be a price
series based on prices paid by milk processors for Grade A milk and
manufacturing grade milk that is used in the manufacture of dairy
products.
''(b) Availability of Data. -- The Secretary shall compile and make
available to the public the historical and current data used to compare
the alternative pricing formulas submitted and recommended as provided
in subsection (a) with the existing Minnesota-Wisconsin price series.
''(c) Implementation in Federal Marketing Orders. --
''(1) Announcement of hearing. -- Not later than October 1, 1991, the
Secretary shall --
''(A) announce a national hearing to consider the proposed
replacement of the Minnesota-Wisconsin price series in Federal milk
marketing orders; and
''(B) invite industry and consumer proposals on the specific
provisions to be considered for each order.
''(2) Report to congress. -- On issuance of the final decision on the
hearing proposals, the Secretary shall report the decision to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
''(3) Opportunity for public comment. -- The opportunity for public
comment on the recommended decision shall not be less than 30
legislative days. For purposes of this paragraph, the term 'legislative
day' means a day on which either House of Congress is in session.''
Section 104 of Pub. L. 101-624 provided that: ''The Secretary of
Agriculture shall --
''(1) conclude the national hearings announced by the Secretary on
March 29, 1990, regarding possible changes in the pricing provisions of
Federal milk marketing orders; and
''(2) to the maximum extent practicable consistent with applicable
laws, effect any resulting system-wide changes in the Federal orders
setting minimum prices that milk processors must pay for Grade A milk
received from producers, by January 1, 1992.''
Section 115 of title I of Pub. L. 101-624 provided that: ''The
legal status of producer handlers of milk under the Agricultural
Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, shall be the same after
the amendments made by this title (enacting section 1446e of this title
and amending sections 450l, 608c, and 1446a of this title, section
713a-14 of Title 15, Commerce and Trade, and provisions set out as notes
under sections 608c and 1731 of this title) take effect as it was before
the effective date of the amendments (see Effective Date of 1990
Amendment note set out under section 1421 of this title).''
Section 116 of Pub. L. 101-624 provided that:
''(a) In General. -- Not later than 60 days after the date of
enactment of this Act (Nov. 28, 1990), the Secretary of Agriculture
shall initiate a study to determine whether, and to what extent, milkfat
is being produced in the United States in excess of commercial market
needs as a result of any provision of law, regulation, or order that
affects the manner in which producers receive payment for milk on the
basis of the milk components contained in their marketings of milk under
any Federal or State milk pricing program.
''(b) Study. -- In conducting the study, the Secretary shall assess
the potential impact on achieving balance in the production, marketing,
and domestic commercial use of milkfat through adoption of multiple
component pricing programs under Federal and State milk pricing
programs.
''(c) Report. -- Not later that 180 days after the date of enactment
of this Act (Nov. 28, 1990), the Secretary shall --
''(1) report the results of the study conducted under subsection (a),
together with associated recommendations, to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate; and
''(2) publish the results of the study.
''(d) Implementation in Federal Marketing Orders. -- On completion
and publication of the study described in this section, the Secretary
shall --
''(1) announce a national hearing to consider the adoption of
multiple component pricing provisions in individual Federal milk
marketing orders issued under section 8c of the Agricultural Adjustment
Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937; and
''(2) invite industry and consumer proposals on the specific
provisions to be considered for each order.''
Pub. L. 99-260, 9, Mar. 20, 1986, 100 Stat. 51, provided that:
''(a) Hearing. -- Not later than 90 days after receipt of a proposal
to amend a milk marketing order in accordance with section 8c(5)(J) of
the Agricultural Adjustment Act, reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(5)(J)) (as
added by section 133 of the Food Security Act of 1985), the Secretary of
Agriculture shall conduct a hearing on the proposal.
''(b) Implementation. -- Not later than 120 days after a hearing is
conducted under subsection (a), the Secretary shall implement, in
accordance with the Agricultural Adjustment Act (this chapter), a
marketwide service payment program under section 8c(5)(J) of such Act
that meets the requirements of such Act.''
Section 1662(b) of Pub. L. 99-198 provided that: ''The Secretary of
Agriculture may not terminate any marketing order under section 8c(16)
of the of the (so in original) Agricultural Adjustment Act (7 U.S.C.
608c(16)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, if such termination becomes effective before
January 16, 1986.''
Section 401(b) of Pub. L. 95-279 provided that: ''Within a period
of sixty days following the second anniversary of the implementation of
this section, the Secretary of Agriculture shall submit to the Committee
on Agriculture of the House of Representatives and to the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that shall
describe in detail how this section has been implemented including, but
not limited to, information as to the issuance or amendment of any
affected order, the annual amount of assessments collected, in the
aggregate and by size and class of handler, the manner in which such
assessments were collected, the amount of direct expenditures credited
against the pro rata expense assessment obligations of each handler, and
the purpose to which such assessments and such direct expenditures of
each such handler were devoted.''
Section 134 of Pub. L. 99-198 provided that: ''The legal status of
producer handlers of milk under the Agricultural Adjustment Act (7
U.S.C. 601 et seq.), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, shall be the same after the amendments
made by this title (probably means this subtitle, subtitle C ( 131-134)
of title I of Pub. L. 99-198, amending subsec. (5) of this section and
provisions set out as a note above) take effect as it was before the
effective date of such amendments.''
Section 102 of Pub. L. 97-98 provided that: ''The legal status of
producer handlers of milk under the provisions of the Agricultural
Adjustment Act, as reenacted and amended by the Agricultural Marketing
Agreement Act of 1937 (this chapter) shall be the same subsequent to the
adoption of the amendment made by the Agriculture and Food Act of 1981
(see Tables) as it was prior thereto.''
Pub. L. 95-113, title II, 202, Sept. 29, 1977, 91 Stat. 919,
provided that: ''The legal status of producer handlers of milk under
the provisions of the Agricultural Adjustment Act (see Short Title note
set out under section 601 of this title), as reenacted and amended by
the Agricultural Marketing Agreement Act of 1937, as amended (act June
3, 1937, ch. 296, 50 Stat. 246, set out as a note under section 601 of
this title) shall be the same subsequent to the adoption of the
amendment made by the Food and Agriculture Act of 1977 (see Short Title
of 1977 Amendment note set out under section 1281 of this title) as it
was prior thereto.''
Section 206 of Pub. L. 91-524, as added Pub. L. 93-86, 1(6), Aug.
10, 1973, 87 Stat. 224; amended Pub. L. 93-125, 1(a)(iii), Oct. 18,
1973, 87 Stat. 450, provided that: ''The legal status of producer
handlers of milk under the provisions of the Agricultural Adjustment
Act, as reenacted and amended by the Agricultural Marketing Agreement
Act of 1937, as amended, shall be the same subsequent to the adoption of
the amendments made by the Agriculture and Consumer Protection Act of
1973 (amending this section and sections 450l, 1446, and 1446a of this
title) as it was prior thereto.''
Section 201(b) of Pub. L. 91-524 provided that: ''The legal status
of producer handlers of milk under the provisions of the Agricultural
Adjustment Act, as reenacted and amended by the Agricultural Marketing
Agreement Act of 1937, as amended, shall be the same subsequent to the
adoption of the amendments made by this Act (amending subsec. (5)(B) of
this section) as it was prior thereto.''
Section 201(c) of Pub. L. 91-524 provided that: ''Nothing in
subsection (a) of this section 201 (amending subsec. (5)(B) of this
section) shall be construed as invalidating any class I base plan
provisions of any marketing order previously issued by the Secretary of
Agriculture pursuant to authority contained in the Food and Agriculture
Act of 1965 (79 Stat. 1187), but such provisions are expressly ratified,
legalized, and confirmed and may be extended through and including
December 31, 1971.''
Section 201(d) of Pub. L. 91-524 provided that: ''It is not
intended that existing law be in any way altered, rescinded, or amended
with respect to section 8c(5)(G) of the Agricultural Adjustment Act, as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (subsec. (5)(G) of this section), and such section
8c(5)(G) is fully reaffirmed.''
Act June 3, 1937, affirmed and validated, and reenacted without
change the provisions of this section, except for the amendments to
subsections (5)(B)(d) and (6)(B) by section 2 of the act, and the
addition of subsections (18) and (19) by said section 2. See note set
out under section 601 of this title.
One form of action, see rule 2, Title 28, Appendix, Judiciary and
Judicial Procedure.
Process, see rule 4.
Anti-hog-cholera serum and hog-cholera virus, marketing agreements
relating to, see section 853 of this title.
Anti-hog-cholera serum and hog-cholera virus provisions, provisions
of section as applicable to, see section 855 of this title.
Referendum on quotas established for tobacco, corn, wheat, cotton,
and rice, see sections 1312 and 1336 of this title.
/1/ So in original. Probably should be followed by a comma.
/2/ So in original. Probably should be ''paragraph''.
07 USC 608c-1. Repealed. June 29, 1945, ch. 196, 59 Stat. 263
TITLE 7 -- AGRICULTURE
Section, acts Apr. 13, 1938, ch. 143, 3, 52 Stat. 215; May 26,
1939, ch. 150, 53 Stat. 782; Feb. 10, 1942, ch. 52, 1, 56 Stat.
85, related to orders applicable to hops. Section was not a part of the
Agricultural Adjustment Act of 1933.
07 USC 608d. Books and records; disclosure of information;
notification of Congressional committees
TITLE 7 -- AGRICULTURE
(1) All parties to any marketing agreement, and all handlers subject
to an order, shall severally, from time to time, upon the request of the
Secretary, furnish him with such information as he finds to be necessary
to enable him to ascertain and determine the extent to which such
agreement or order has been carried out or has effectuated the declared
policy of this chapter and with such information as he finds to be
necessary to determine whether or not there has been any abuse of the
privilege of exemptions from the antitrust laws. Such information shall
be furnished in accordance with forms of reports to be prescribed by the
Secretary. For the purpose of ascertaining the correctness of any
report made to the Secretary pursuant to this subsection, or for the
purpose of obtaining the information required in any such report, where
it has been requested and has not been furnished, the Secretary is
authorized to examine such books, papers, records, copies of income-tax
reports, accounts, correspondence, contracts, documents, or memoranda,
as he deems relevant and which are within the control (1) of any such
party to such marketing agreement, or any such handler, from whom such
report was requested or (2) of any person having, either directly or
indirectly, actual or legal control of or over such party or such
handler or (3) of any subsidiary of any such party, handler, or person.
(2) Notwithstanding the provisions of section 607 of this title, all
information furnished to or acquired by the Secretary of Agriculture
pursuant to this section, as well as information for marketing order
programs that is categorized as trade secrets and commercial or
financial information exempt under section 552(b)(4) of title 5 from
disclosure under section 552 of such title, shall be kept confidential
by all officers and employees of the Department of Agriculture and only
such information so furnished or acquired as the Secretary deems
relevant shall be disclosed by them, and then only in a suit or
administrative hearing brought at the direction, or upon the request, of
the Secretary of Agriculture, or to which he or any officer of the
United States is a party, and involving the marketing agreement or order
with reference to which the information so to be disclosed was furnished
or acquired. Notwithstanding the preceding sentence, any such
information relating to a marketing agreement or order applicable to
milk may be released upon the authorization of any regulated milk
handler to whom such information pertains. The Secretary shall notify
the Committee on Agriculture, Nutrition, and Forestry of the Senate and
the Committee on Agriculture of the House of Representatives not later
than 10 legislative days before the contemplated release under law, of
the names and addresses of producers participating in such marketing
agreements and orders, and shall include in such notice a statement of
reasons relied upon by the Secretary in making the determination to
release such names and addresses. Nothing in this section shall be
deemed to prohibit (A) the issuance of general statements based upon the
reports of a number of parties to a marketing agreement or of handlers
subject to an order, which statements do not identify the information
furnished by any person, or (B) the publication by direction of the
Secretary, of the name of any person violating any marketing agreement
or any order, together with a statement of the particular provisions of
the marketing agreement or order violated by such person. Any such
officer or employee violating the provisions of this section shall upon
conviction be subject to a fine of not more than $1,000 or to
imprisonment for not more than one year, or to both, and shall be
removed from office.
(May 12, 1933, ch. 25, title I, 8d, as added Aug. 24, 1935, ch.
641, 6, 49 Stat. 761; amended June 3, 1937, ch. 296, 1, 50 Stat.
246; Dec. 23, 1985, Pub. L. 99-198, title XVI, 1663, 99 Stat. 1631.)
The antitrust laws, referred to in subsec. (1), are classified
generally to chapter 1 ( 1 et seq.) of Title 15, Commerce and Trade.
Act Aug. 24, 1935, struck out provisions of section 8(4) of act May
12, 1933, formerly appearing in section 608(4) of this title and added a
new section 8d containing provisions appearing in text.
1985 -- Subsec. (2). Pub. L. 99-198, 1663(1), extended
confidentiality requirement to include information for marketing order
programs that is categorized as trade secrets and commercial or
financial information that is exempt from disclosure under section 552
of title 5.
Pub. L. 99-198, 1663(2), inserted provisions directing that
confidential information relating to a marketing agreement or order
applicable to milk may be released upon the authorization of any
regulated milk handler to whom such information pertains and that the
Secretary notify the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House of
Representatives not later than 10 legislative days before the
contemplated release under law, of the names and addresses of producers
participating in such marketing agreements and orders, and include in
such notice a statement of reasons relied upon by the Secretary in
making the determination to release such names and addresses.
Act June 3, 1937, affirmed and validated, and reenacted without
change the provisions of this section. See note set out under section
601 of this title.
Amendments to orders, section as applicable to, see section 608c of
this title.
Anti-hog-cholera serum and hog-cholera virus provisions, provisions
of section as applicable to, see section 855 of this title.
07 USC 608e. Repealed. July 3, 1948, ch. 827, title III, 302(d), 62
Stat. 1258
TITLE 7 -- AGRICULTURE
Section, act May 12, 1933, ch. 25, title I, 8e, as added Aug. 24,
1935, ch. 641, 6, 49 Stat. 762; amended June 3, 1937, ch. 296, 1,
50 Stat. 246, related to determination of base period.
Repeal effective Jan. 1, 1950, see section 303 of act July 3, 1948
set out as an Effective Date of 1948 Amendment note under section 1301
of this title.
07 USC 608e-1. Import prohibitions on specified foreign produce
TITLE 7 -- AGRICULTURE
(a) Import prohibitions on tomatoes, avocados, limes, etc.
Subject to the provisions of subsections (c) and (d) of this section
and notwithstanding any other provision of law, whenever a marketing
order issued by the Secretary of Agriculture pursuant to section 608c of
this title contains any terms or conditions regulating the grade, size,
quality, or maturity of tomatoes, raisins, olives (other than
Spanish-style green olives), prunes, avocados, mangoes, limes,
grapefruit, green peppers, Irish potatoes, cucumbers, oranges, onions,
walnuts, dates, filberts, table grapes, eggplants, kiwifruit,
nectarines, plums, pistachios, or apples produced in the United States
the importation into the United States of any such commodity, other than
dates for processing, during the period of time such order is in effect
shall be prohibited unless it complies with the grade, size, quality,
and maturity provisions of such order or comparable restrictions
promulgated hereunder: Provided, That this prohibition shall not apply
to such commodities when shipped into continental United States from the
Commonwealth of Puerto Rico or any Territory or possession of the United
States where this chapter has force and effect: Provided further, That
whenever two or more such marketing orders regulating the same
agricultural commodity produced in different areas of the United States
are concurrently in effect, the importation into the United States of
any such commodity, other than dates for processing, shall be prohibited
unless it complies with the grade, size, quality, and maturity
provisions of the order which, as determined by the Secretary of
Agriculture, regulates the commodity produced in the area with which the
imported commodity is in most direct competition. Such prohibition
shall not become effective until after the giving of such notice as the
Secretary of Agriculture determines reasonable, which shall not be less
than three days. In determining the amount of notice that is reasonable
in the case of tomatoes the Secretary of Agriculture shall give due
consideration to the time required for their transportation and entry
into the United States after picking. Whenever the Secretary of
Agriculture finds that the application of the restrictions under a
marketing order to an imported commodity is not practicable because of
variations in characteristics between the domestic and imported
commodity he shall establish with respect to the imported commodity,
other than dates for processing, such grade, size, quality, and maturity
restrictions by varieties, types, or other classifications as he finds
will be equivalent or comparable to those imposed upon the domestic
commodity under such order. The Secretary of Agriculture may promulgate
such rules and regulations as he deems necessary, to carry out the
provisions of this section. Any person who violates any provision if
/1/ this section or of any rule, regulation, or order promulgated
hereunder shall be subject to a forfeiture in the amount prescribed in
section 608a(5) of this title or, upon conviction, a penalty in the
amount prescribed in section 608c(14) of this title, or to both such
forfeiture and penalty.
(b) Extension of time for marketing order; factors; review
(1) The Secretary may provide for a period of time (not to exceed 35
days) in addition to the period of time covered by a marketing order
during which the marketing order requirements would be in effect for a
particular commodity during any year if the Secretary determines that
such additional period of time is necessary --
(A) to effectuate the purposes of this chapter; and
(B) to prevent the circumvention of the grade, size, quality, or
maturity standards of a seasonal marketing order applicable to a
commodity produced in the United States by imports of such commodity.
(2) In making the determination required by paragraph (1), the
Secretary, through notice and comment procedures, shall consider --
(A) to what extent, during the previous year, imports of a commodity
that did not meet the requirements of a marketing order applicable to
such commodity were marketed in the United States during the period that
such marketing order requirements were in effect for available domestic
commodities (or would have been marketed during such time if not for any
additional period established by the Secretary);
(B) if the importation into the United States of such commodity did,
or was likely to, circumvent the grade, size, quality or maturity
standards of a seasonal marketing order applicable to such commodity
produced in the United States; and
(C) the availability and price of commodities of the variety covered
by the marketing order during any additional period the marketing order
requirements are to be in effect.
(3) An additional period established by the Secretary in accordance
with this subsection shall be --
(A) announced not later than 30 days before the date such additional
period is to be in effect; and
(B) reviewed by the Secretary on request, through notice and comment
procedures, at least every 3 years in order to determine if the
additional period is still needed to prevent circumvention of the
seasonal marketing order by imported commodities.
(4) For the purposes of carrying out this subsection, the Secretary
is authorized to make such reasonable inspections as may be necessary.
(c) Notification of United States Trade Representative of import
restrictions; advisement of Secretary of Agriculture
Prior to any import prohibition or regulation under this section
being made effective with respect to any commodity --
(1) the Secretary of Agriculture shall notify the United States Trade
Representative of such import prohibition or regulation; and
(2) the United States Trade Representative shall advise the Secretary
of Agriculture, within 60 days of the notification under paragraph (1),
to ensure that the application of the grade, size, quality, and maturity
provisions of the relevant marketing order, or comparable restrictions,
to imports is not inconsistent with United States international
obligations under any trade agreement, including the General Agreement
on Tariffs and Trade.
(d) Proposed prohibition or regulation; authority of Secretary of
Agriculture to proceed
The Secretary may proceed with the proposed prohibition or regulation
if the Secretary receives the advice and concurrence of the United
States Trade Representative within 60 days of the notification under
subsection (c)(1) of this section.
(May 12, 1933, ch. 25, title I, 8e, as added Aug. 28, 1954, ch.
1041, title IV, 401(e), 68 Stat. 907; amended Aug. 31, 1954, ch.
1172, 3(a), 68 Stat. 1047; Aug. 8, 1961, Pub. L. 87-128, title I,
141(5), 75 Stat. 305; Jan. 11, 1971, Pub. L. 91-670, title IV, 401, 84
Stat. 2047; Sept. 29, 1977, Pub. L. 95-113, title X, 1006, 91 Stat.
951; Oct. 14, 1982, Pub. L. 97-312, 2, 96 Stat. 1461; Aug. 23, 1988,
Pub. L. 100-418, title IV, 4603, 102 Stat. 1407; Nov. 28, 1990, Pub.
L. 101-624, title XIII, 1307, 1308, 104 Stat. 3561.)
1990 -- Subsec. (a). Pub. L. 101-624, 1307, 1308(1), substituted
''Subject to the provisions of subsections (c) and (d) of this section
and notwithstanding any other provision of law,'' for ''Notwithstanding
any other provision of law,'' and ''eggplants, kiwifruit, nectarines,
plums, pistachios, or apples'' for ''or eggplants''.
Subsecs. (c), (d). Pub. L. 101-624, 1308(2), added subsecs. (c)
and (d).
1988 -- Pub. L. 100-418 designated existing provisions as subsec.
(a) and added subsec. (b).
1982 -- Pub. L. 97-312 extended import prohibition to table grapes.
1977 -- Pub. L. 95-113 extended import prohibition to filberts.
1971 -- Pub. L. 91-670 extended import prohibition to raisins,
olives (other than Spanish-style green olives), and prunes.
1961 -- Pub. L. 87-128 extended importation prohibition to oranges,
onions, walnuts and dates, other than dates for processing.
1954 -- Act Aug. 31, 1954, made section applicable to mangoes.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Section 3(b) of act Aug. 31, 1954, provided that: ''The amendment
made by this section (amending this section) shall become effective upon
the enactment of this Act (Aug. 31, 1954) or upon the enactment of the
Agricultural Act of 1954 (Aug. 28, 1954), whichever occurs later.''
/1/ So in original. Probably should be ''of''.
07 USC 608f. Repealed. Pub. L. 89-106, 9, Aug. 4, 1965, 79 Stat.
432
TITLE 7 -- AGRICULTURE
Section, act May 12, 1933, ch. 25, title I, 8f, formerly 8(5), 48
Stat. 34; renumbered 8f and amended Aug. 24, 1935, ch. 641, 7, 49
Stat. 762; Oct. 8, 1940, ch. 759, 54 Stat. 1019, prohibited, except
in specified cases, the shipment of grain from public grain warehouses
to other warehouse without cancellation of warehouse receipts to avoid
conflict with other laws regulating warehousemen.
07 USC 609. Processing tax; methods of computation; rate; what
constitutes processing; publicity as to tax to avoid profiteering
TITLE 7 -- AGRICULTURE
(a) To obtain revenue for extraordinary expenses incurred by reason
of the national economic emergency, there shall be levied processing
taxes as hereinafter provided. When the Secretary of Agriculture
determines that any one or more payments authorized to be made under
section 608 of this title are to be made with respect to any basic
agricultural commodity, he shall proclaim such determination, and a
processing tax shall be in effect with respect to such commodity from
the beginning of the marketing year therefor next following the date of
such proclamation; except that (1) in the case of sugar beets and
sugarcane, the Secretary of Agriculture shall, on or before the
thirtieth day after May 9, 1934, proclaim that rental or benefit
payments with respect to said commodities are to be made, and the
processing tax shall be in effect on and after the thirtieth day after
May 9, 1934, and (2) in the case of rice, the Secretary of Agriculture
shall, before April 1, 1935, proclaim that rental or benefit payments
are to be made with respect thereto, and the processing tax shall be in
effect on and after April 1, 1935. In the case of sugar beets and
sugarcane, the calendar year shall be considered to be the marketing
year and for the year 1934 the marketing year shall begin January 1,
1934. In the case of rice, the period from August 1 to July 31, both
inclusive, shall be considered to be the marketing year. The processing
tax shall be levied, assessed, and collected upon the first domestic
processing of the commodity, whether of domestic production or imported,
and shall be paid by the processor. The rate of tax shall conform to
the requirements of subsection (b) of this section. Such rate shall be
determined by the Secretary of Agriculture as of the date the tax first
takes effect, and the rate so determined shall, at such intervals as the
Secretary finds necessary to effectuate the declared policy, be adjusted
by him to conform to such requirements. The processing tax shall
terminate at the end of the marketing year current at the time the
Secretary proclaims that all payments authorized under section 608 of
this title which are in effect are to be discontinued with respect to
such commodity. The marketing year for each commodity shall be
ascertained and prescribed by regulations of the Secretary of
Agriculture: Provided, That upon any article upon which a
manufacturers' sales tax is levied under the authority of the Revenue
Act of 1932, act June 6, 1932, ch. 209, 47 Stat. 169-289, and which
manufacturers' sales tax is computed on the basis of weight, such
manufacturers' sales tax shall be computed on the basis of the weight of
said finished article less the weight of the processed cotton contained
therein on which a processing tax has been paid.
(b)(1) The processing tax shall be at such rate as equals the
difference between the current average farm price for the commodity and
the fair exchange value of the commodity, plus such percentage of such
difference, not to exceed 20 per centum, as the Secretary of Agriculture
may determine will result in the collection, in any marketing year with
respect to which such rate of tax may be in effect pursuant to the
provisions of this chapter, of an amount of tax equal to (A) the amount
of credits or refunds which he estimates will be allowed or made during
such period pursuant to section 615(c) of this title with respect to the
commodity and (B) the amount of tax which he estimates would have been
collected during such period upon all processings of such commodity,
which are exempt from tax by reason of the fact that such processings
are done by or for a State, or a political subdivision or an institution
thereof, had such processings been subject to tax. If, prior to the
time the tax takes effect, or at any time thereafter, the Secretary has
reason to believe that the tax at such rate, or at the then existing
rate, on the processing of the commodity generally or for any designated
use or uses, or on the processing of the commodity in the production of
any designated product or products thereof for any designated use or
uses, will cause or is causing such reduction in the quantity of the
commodity or products thereof domestically consumed as to result in the
accumulation of surplus stocks of the commodity or products thereof or
in the depression of the farm price of the commodity, then the Secretary
shall cause an appropriate investigation to be made, and afford due
notice and opportunity for hearing to interested parties. If thereupon
the Secretary determines and proclaims that any such result will occur
or is occurring, then the processing tax on the processing of the
commodity generally or for any designated use or uses, or on the
processing of the commodity in the production of any designated product
or products thereof for any designated use or uses, shall be at such
lower rate or rates as he determines and proclaims will prevent such
accumulation of surplus stocks and depression of the farm price of the
commodity, and the tax shall remain during its effective period at such
lower rate until the Secretary, after due notice and opportunity for
hearing to interested parties, determines and proclaims that an increase
in the rate of such tax will not cause such accumulation of surplus
stocks or depression of the farm price of the commodity. Thereafter the
processing tax shall be at the highest rate which the Secretary
determines will not cause such accumulation of surplus stocks or
depression of the farm price of the commodity, but it shall not be
higher than the rate provided in the first sentence of this paragraph.
(2) In the case of wheat, cotton, field corn, hogs, peanuts, tobacco,
paper, and jute, and (except as provided in paragraph (8) of this
subsection) in the case of sugarcane and sugar beets, the tax on the
first domestic processing of the commodity generally or for any
particular use, or in the production of any designated product for any
designated use, shall be levied, assessed, collected, and paid at the
rate prescribed by the regulations of the Secretary of Agriculture in
effect on August 24, 1935, during the period from such date to December
31, 1937, both dates inclusive.
(3) For the period from April 1, 1935, to July 31, 1936, both
inclusive, the processing tax with respect to rice shall be levied,
assessed, collected, and paid at the rate of 1 cent per pound of rough
rice.
(4) For the period from September 1, 1935, to December 31, 1937, both
inclusive, the processing tax with respect to rye shall be levied,
assessed, collected, and paid at the rate of 30 cents per bushel of
fifty-six pounds. In the case of rye, the first marketing year shall be
considered to be the period commencing September 1, 1935, and ending
June 30, 1936. Subsequent marketing years shall commence on July 1 and
end on June 30 of the succeeding year. The provisions of section 616 of
this title shall not apply in the case of rye.
(5) If at any time prior to December 31, 1937, a tax with respect to
barley becomes effective pursuant to proclamation as provided in
subsection (a) of this section, such tax shall be levied, assessed,
collected, and paid during the period from the date upon which such tax
becomes effective to December 31, 1937, both inclusive, at the rate of
25 cents per bushel of forty-eight pounds. The provisions of section
616 of this title shall not apply in the case of barley.
(6)(A) Any rate of tax which is prescribed in paragraphs (2) to (4),
or (5) of this subsection or which is established pursuant to this
paragraph on the processing of any commodity generally or for any
designated use or uses, or on the processing of the commodity in the
production of any designated product or products thereof for any
designated use or uses, shall be decreased (including a decrease to
zero) in accordance with the formulae, standards, and requirements of
paragraph (1) of this subsection, in order to prevent such reduction in
the quantity of such commodity or the products thereof domestically
consumed as will result in the accumulation of surplus stocks of such
commodity or the products thereof or in the depression of the farm price
of the commodity, and shall thereafter be increased in accordance with
the provisions of paragraph (1) of this subsection but subject to the
provisions of subdivision (B) of this paragraph.
(B) If the average farm price of any commodity, the rate of tax on
the processing of which is prescribed in paragraphs (2) to (4), or (5)
of this subsection or is established pursuant to this paragraph, during
any period of twelve successive months ending after July 1, 1935,
consisting of the first ten months of any marketing year and the last
two months of the preceding marketing year --
(i) is equal to, or exceeds by 10 per centum or less, the fair
exchange value thereof, or, in the case of tobacco, is less than the
fair exchange value by not more than 10 per centum, the rate of such tax
shall (subject to the provisions of subdivision (A) of this paragraph)
be adjusted, at the beginning of the next succeeding marketing year, to
such rate as equals 20 per centum of the fair exchange value thereof.
(ii) exceeds by more than 10 per centum, but not more than 20 per
centum, the fair exchange value thereof, the rate of such tax shall
(subject to the provisions of subdivision (A) of this paragraph) be
adjusted, at the beginning of the next succeeding marketing year, to
such rate as equals 15 per centum of the fair exchange value thereof.
(iii) exceeds by more than 20 per centum the fair exchange value
thereof, the rate of such tax shall (subject to the provisions of
subdivision (A) of this paragraph) be adjusted, at the beginning of the
next succeeding marketing year, to such rate as equals 10 per centum of
the fair exchange value thereof.
(C) Any rate of tax which has been adjusted pursuant to this
paragraph shall remain at such adjusted rate unless further adjusted or
terminated pursuant to this paragraph, until December 31, 1937, or until
July 31, 1936, in the case of rice.
(D) In accordance with the formulae, standards, and requirements
prescribed in this chapter, any rate of tax prescribed in paragraphs (2)
to (4) or (5) of this subsection or which is established pursuant to
this paragraph shall be increased.
(E) Any tax, the rate of which is prescribed in paragraphs (2) to
(4), or (5) of this subsection or which is established pursuant to this
paragraph, shall terminate pursuant to proclamation as provided in
subsection (a) of this section or pursuant to section 613 of this title.
Any such tax with respect to any basic commodity which terminates
pursuant to proclamation as provided in subsection (a) of this section
shall again become effective at the rate prescribed in paragraphs (2) to
(4), or (5) of this subsection, subject however to the provisions of
subdivisions (A) and (B) of this paragraph, from the beginning of the
marketing year for such commodity next following the date of a new
proclamation by the Secretary as provided in subsection (a) of this
section, if such marketing year begins prior to December 31, 1937, or
prior to July 31, 1936, in the case of rice, and shall remain at such
rate until altered or terminated pursuant to this section or terminated
pursuant to section 613 of this title.
(F) After December 31, 1937 (in the case of the commodities specified
in paragraphs (2), (4), and (5) of this subsection), and after July 31,
1936 (in the case of rice), rates of tax shall be determined by the
Secretary of Agriculture in accordance with the formulae, standards, and
requirements prescribed in this chapter but not in this paragraph, and
shall, subject to such formulae, standards, and requirements, thereafter
be effective.
(G) If the applicability to any person or circumstances of any tax,
the rate of which is fixed in pursuance of this paragraph, is finally
held invalid by reason of any provision of the Constitution, or is
finally held invalid by reason of the Secretary of Agriculture's
exercise or failure to exercise any power conferred on him under this
chapter, there shall be levied, assessed, collected, and paid (in lieu
of all rates of tax fixed in pursuance of this paragraph with respect to
all tax liabilities incurred under this chapter on or after the
effective date of each of the rates of tax fixed in pursuance of this
paragraph), rates of tax fixed under paragraphs (2) to (4), or (5) of
this subsection, and such rates shall be in effect (unless the
particular tax is terminated pursuant to proclamation, as provided in
subsection (a) of this section or pursuant to section 613 of this title)
until altered by Act of Congress; except that, for any period prior to
the effective date of such holding of invalidity, the amount of tax
which represents the difference between the tax at the rate fixed in
pursuance of this paragraph (6) and the tax at the rate fixed under
paragraphs (2) to (4), and (5) shall not be levied, assessed, collected
or paid.
(7) In the case of rice, the weight to which the rate of tax shall be
applied shall be the weight of rough rice when delivered to a processor,
except that, where the producer processes his own rice, the weight to
which the rate of tax shall be applied shall be the weight of rough rice
when delivered to the place of processing.
(8) In the case of sugar beets or sugarcane the rate of tax shall be
applied to the direct-consumption sugar, resulting from the first
domestic processing, translated into terms of pounds of raw value
according to regulations to be issued by the Secretary of Agriculture,
and in the event that the Secretary increases or decreases the rate of
tax fixed by paragraph (2) of this subsection, pursuant to the
provisions of paragraph (6) of this subsection, then the rate of tax to
be so applied shall be the higher of the two following quotients: The
difference between the current average farm price and the fair exchange
value (A) of a ton of sugar beets and (B) of a ton of sugarcane, divided
in the case of each commodity by the average extraction therefrom of
sugar in terms of pounds of raw value (which average extraction shall be
determined from available statistics of the Department of Agriculture);
the rate of tax fixed by paragraph (2) of this subsection or adjusted
pursuant to the provisions of paragraph (6) of this subsection shall in
no event exceed the amount of the reduction by the President on a pound
of sugar raw value of the rate of duty in effect on January 1, 1934,
under paragraph 501 of section 1001 /1/ of title 19, as adjusted to the
treaty of commercial reciprocity concluded between the United States and
the Republic of Cuba on December 11, 1902, and/or the provisions of
sections 124 and 125 of title 19.
(9) In computing the current average farm price in the case of wheat,
premiums paid producers for protein content shall not be taken into
account.
(c) For the purposes of this chapter, the fair exchange value of a
commodity shall be the price therefor that will give the commodity the
same purchasing power, with respect to articles farmers buy, as such
commodity had during the base period specified in section 602 of this
title; and, in the case of all commodities where the base period is the
prewar period, August 1909 to July 1914, will also reflect interest
payments per acre on farm indebtedness secured by real estate and tax
payments per acre on farm real estate, as contrasted with such interest
payments and tax payments during said base period; and the current
average farm price and the fair exchange value shall be ascertained by
the Secretary of Agriculture from available statistics of the Department
of Agriculture. The rate of tax upon the processing of any commodity in
effect on August 24, 1935, shall not be affected by the adoption of this
amendment and shall not be required to be adjusted or altered, unless
the Secretary of Agriculture finds that it is necessary to adjust or
alter any such rate pursuant to subsection (a) of this section.
(d) As used in this chapter --
(1) In case of wheat, rye, barley and corn, the term ''processing''
means the milling or other processing (except cleaning and drying) of
wheat, rye, barley or corn for market, including custom milling for toll
as well as commercial milling, but shall not include the grinding or
cracking thereof not in the form of flour for feed purposes only.
(2) In case of cotton, the term ''processing'' means the spinning,
manufacturing, or other processing (except ginning) of cotton; and the
term ''cotton'' shall not include cotton linters.
(3) In case of tobacco, the term ''processing'' means the
manufacturing or other processing (except drying or converting into
insecticides and fertilizers) of tobacco.
(4) Repealed. June 26, 1934, ch. 759, 2(a), 48 Stat. 1242.
(5) Repealed. Aug. 24, 1935, ch. 641, 14(b), 49 Stat. 767.
(6) In the case of sugar beets and sugarcane --
(A) The term ''first domestic processing'' means each domestic
processing, including each processing of successive domestic
processings, of sugar beets, sugarcane, or raw sugar, which directly
results in direct-consumption sugar.
(B) The term ''sugar'' means sugar in any form whatsoever, derived
from sugar beets or sugarcane, whether raw sugar or direct-consumption
sugar, including also edible molasses, sirups, and any mixture
containing sugar (except blackstrap molasses and beet molasses).
(C) The term ''blackstrap molasses'' means the commercially
so-designated ''byproduct'' of the cane-sugar industry, not used for
human consumption or for the extraction of sugar.
(D) The term ''beet molasses'' means the commercially so-designated
''byproduct'' of the beet-sugar industry, not used for human consumption
or for the extraction of sugar.
(E) The term ''raw sugar'' means any sugar, as defined above,
manufactured or marketed in, or brought into, the United States, in any
form whatsoever, for the purpose of being, or which shall be, further
refined (or improved in quality, or further prepared for distribution or
use).
(F) The term ''direct-consumption sugar'' means any sugar, as defined
above, manufactured or marketed in, or brought into, the United States
in any form whatsoever, for any purpose other than to be further refined
(or improved in quality, or further prepared for distribution or use).
(G) The term ''raw value'' means a standard unit of sugar testing
ninety-six sugar degrees by the polariscope. All taxes shall be imposed
and all quotas shall be established in terms of ''raw value'' and for
purposes of quota and tax measurements all sugar shall be translated
into terms of ''raw value'' according to regulations to be issued by the
Secretary, except that in the case of direct-consumption sugar produced
in continental United States from sugar beets the raw value of such
sugar shall be one and seven one-hundredths times the weight thereof.
(7) In the case of rice --
(A) The term ''rough rice'' means rice in that condition which is
usual and customary when delivered by the producer to a processor.
(B) The term ''processing'' means the cleaning shelling, milling
(including custom milling for toll as well as commercial milling),
grinding, rolling, or other processing (except grinding or cracking by
or for the producer thereof for feed for his own livestock, cleaning by
or directly for a producer for seed purposes, and drying) of rough rice;
and in the case of rough rice with respect to which a tax-payment
warrant has been previously issued or applied for by application then
pending, the term ''processing'' means any one of the above mentioned
processings or any preparation or handling in connection with the sale
or other disposition thereof.
(C) The term ''cooperating producer'' means any person (including any
share-tenant or share-cropper) whom the Secretary of Agriculture finds
to be willing to participate in the 1935 production-adjustment program
for rice.
(D) The term ''processor'', as used in subsection (b-1) of section
615 of this title, means any person (including a cooperative association
of producers) engaged in the processing of rice on a commercial basis
(including custom milling for toll as well as commercial milling).
(8) In the case of any other commodity, the term ''processing'' means
any manufacturing or other processing involving a change in the form of
the commodity or its preparation for distribution or use, as defined by
regulations of the Secretary of Agriculture; and in prescribing such
regulations the Secretary shall give due weight to the customs of the
industry.
(e) When any processing tax, or increase or decrease therein, takes
effect in respect of a commodity the Secretary of Agriculture, in order
to prevent pyramiding of the processing tax and profiteering in the sale
of the products derived from the commodity, shall make public such
information as he deems necessary regarding (1) the relationship between
the processing tax and the price paid to producers of the commodity, (2)
the effect of the processing tax upon prices to consumers of products of
the commodity, (3) the relationship, in previous periods, between prices
paid to the producers of the commodity and prices to consumers of the
products thereof, and (4) the situation in foreign countries relating to
prices paid to producers of the commodity and prices to consumers of the
products thereof.
(f) For the purposes of this chapter, processing shall be held to
include manufacturing.
(g) Nothing contained in this chapter shall be construed to authorize
any tax upon the processing of any commodity which processing results in
the production of newsprint.
(May 12, 1933, ch. 25, title I, 9, 48 Stat. 35; Apr. 7, 1934, ch.
103, 3(a), 48 Stat. 528; May 9, 1934, ch. 263, 2, 3, 5, 6, 9, 48
Stat. 670, 671, 675, 676; June 26, 1934, ch. 759, 2, 48 Stat. 1242;
Mar. 18, 1935, ch. 32, 1-6, 49 Stat. 45, 46; Aug. 24, 1935, ch. 641,
11-15, 49 Stat. 762-767.)
Section 1001 of title 19, referred to in subsec. (b)(8), was
repealed by Pub. L. 87-456, title I, 101(a), May 24, 1962, 76 Stat.
72. See Publication of Harmonized Tariff Schedule note set out under
section 1202 of Title 19, Customs Duties.
The treaty of commercial reciprocity concluded between the United
States and Cuba on December 11, 1902, referred to in subsec. (b)(8),
was terminated Aug. 21, 1963, pursuant to notice given by the United
States on Aug. 21, 1962. See, Bevans, Treaties and Other International
Agreements of the United States of America, 1776-1949, vol. VI, page
1106.
Sections 124 and 125 of title 19, referred to in subsec. (b)(8),
have been omitted from the Code.
Phrase ''this amendment'' in subsec. (c) refers to amendments by act
Aug. 24, 1935.
1935 -- Subsec. (a). Act Aug. 24, 1935, 11, struck out second
sentence preceding semicolon and inserted in lieu thereof ''When the
Secretary of Agriculture determines that any one or more payments
authorized to be made under section 608 of this title are to be made
with respect to any basic agricultural commodity, he shall proclaim such
determination, and a processing tax shall be in effect with respect to
such commodity from the beginning of the marketing year therefor next
following the date of such proclamation.''
Act Mar. 18, 1935, 1, 2, struck out comma after ''except that'' in
second sentence and inserted in lieu thereof ''(i)'', and inserted ''and
(2) in the case of rice, the Secretary of Agriculture shall, before
April 1, 1935, proclaim that rental or benefit payments are to be made
with respect thereto, and the processing tax shall be in effect on and
after April 1, 1935''.
Subsec. (b). Act Aug. 24, 1935, 12, amended subsec. (b) generally.
Act Mar. 18, 1935, 3, 4, among other changes inserted ''In the
case of rice, the weight to which the rate of tax shall be applied shall
be the weight of rough rice when delivered to a processor, except that
where the producer processes his own rice, the weight to which the rate
of tax shall be applied shall be the weight of rough rice when delivered
to the place of processing.''
Subsec. (c). Act Aug. 24, 1935, 13, among other changes inserted
''The rate of tax upon the processing of any commodity, in effect on
August 24, 1935, shall not be affected by the adoption of this amendment
and shall not be required to be adjusted or altered, unless the
Secretary of Agriculture finds that it is necessary to adjust or alter
any such rate pursuant to subsection (a) of this section.''
Subsec. (d). Act Aug. 24, 1935, 14, inserted '', rye, barley''
after ''wheat'' wherever appearing and struck out par. (5).
Act Mar. 18, 1935, 5, 6, struck out '', rice,'' in two places in
par. (1), added par. (7), and renumbered former par. (7) as (8).
Subsec. (g). Act Aug. 24, 1935, 15, added subsec. (g).
1934 -- Subsec. (a). Act May 9, 1934, 9, struck out the period
after ''proclamation'' and inserted in lieu thereof ''; except that, in
the case of sugar beets and sugarcane, the Secretary of Agriculture
shall, on or before the thirtieth day after May 9, 1934, proclaim that
rental or benefit payments with respect to said commodities are to be
made, and the processing tax shall be in effect on and after the
thirtieth day after May 9, 1934. In the case of sugar beets and
sugarcane, the calendar year shall be considered to be the marketing
year and for the year 1934 the marketing year shall begin January 1,
1934.''
Subsec. (b). Act May 9, 1934, 3, among other changes amended first
two sentences and inserted ''In the case of sugar beets or sugarcane the
rate of tax shall be applied to the direct-consumption sugar, resulting
from the first domestic processing, translated into terms of pounds of
raw value according to regulations to be issued by the Secretary of
Agriculture, and the rate of tax to be so applied shall be the higher of
the two following quotients: The difference between the current average
farm price and the fair exchange value (1) of a ton of sugar beets and
(2) of a ton of sugarcane, divided in the case of each commodity by the
average extraction therefrom of sugar in terms of pounds of raw value
(which average extraction shall be determined from available statistics
of the Department of Agriculture); except that such rate shall not
exceed the amount of the reduction by the President on a pound of sugar
raw value of the rate of duty in effect on January 1, 1934, under
paragraph 501 of section 1001 of Title 19, as adjusted to the treaty of
commercial reciprocity concluded between the United States and the
Republic of Cuba on December 11, 1902, and/or the provisions of sections
124 and 125 of Title 19.''
Subsec. (d). Act June 26, 1934, 2(a), struck out par. (4).
Act June 26, 1934, 2(b), amended par. (7).
Act May 9, 1934, 2, 5, amended par. (6) generally and renumbered
former par. (6) as (7).
Act Apr. 7, 1934, added par. (5) and renumbered former par. (5) as
(6).
Subsec. (f). Act May 9, 1934, 6, added subsec. (f).
This section may be obsolete in view of the Supreme Court's holding
that the processing and floor stock taxes provided for by the
Agricultural Adjustment Act of 1933 are unconstitutional. See U.S. v.
Butler, Mass. 1936, 56 S.Ct. 312, 297 U.S. 1, 80 L.Ed. 477, 102 A.L.R.
914.
Validity of remainder of this chapter as not affected should any of
those provisions be declared unconstitutional, see section 614 of this
title.
Processing and compensating taxes not to be levied or collected, see
section 673 of this title.
/1/ See References in Text note below.
07 USC 610. Administration
TITLE 7 -- AGRICULTURE
(a) Appointment of officers and employees; impounding appropriations
The Secretary of Agriculture may appoint such officers and employees,
subject to the provisions of chapter 51 and subchapter III of chapter 53
of title 5, and such experts, as are necessary to execute the functions
vested in him by this chapter: Provided, That the Secretary shall
establish the Agricultural Adjustment Administration in the Department
of Agriculture for the administration of the functions vested in him by
this chapter: And provided further, That the State Administrator
appointed to administer this chapter in each State shall be appointed by
the President, by and with the advice and consent of the Senate.
Section 8 of Title II of the Act entitled ''An Act to maintain the
credit of the United States Government,'' approved March 20, 1933, to
the extent that it provides for the impoundment of appropriations on
account of reductions in compensation, shall not operate to require such
impoundment under appropriations contained in this chapter.
(b) State and local committees or associations of producers;
handlers' share of expenses of authority or agency
(1) The Secretary of Agriculture is authorized to establish, for the
more effective administration of the functions vested in him by this
chapter, State and local committees, or associations of producers, and
to permit cooperative associations of producers, when in his judgment
they are qualified to do so, to act as agents of their members and
patrons in connection with the distribution of payments authorized to be
made under section 608 of this title. The Secretary, in the
administration of this chapter, shall accord such recognition and
encouragement to producer-owned and producer-controlled cooperative
associations as will be in harmony with the policy toward cooperative
associations set forth in existing Acts of Congress, and as will tend to
promote efficient methods of marketing and distribution.
(2)(i) Each order relating to milk and its products issued by the
Secretary under this chapter shall provide that each handler subject
thereto shall pay to any authority or agency established under such
order such handler's pro rata share (as approved by the Secretary) of
such expenses as the Secretary may find will necessarily be incurred by
such authority or agency, during any period specified by him, for the
maintenance and functioning of such authority or agency, other than
expenses incurred in receiving, handling, holding, or disposing of any
quantity of milk or products thereof received, handled, held, or
disposed of by such authority or agency for the benefit or account of
persons other than handlers subject to such order. The pro rata share
of the expenses payable by a cooperative association of producers shall
be computed on the basis of the quantity of milk or product thereof
covered by such order which is distributed, processed, or shipped by
such cooperative association of producers.
(ii) Each order relating to any other commodity or product issued by
the Secretary under this chapter shall provide that each handler subject
thereto shall pay to any authority or agency established under such
order such handler's pro rata share (as approved by the Secretary) of
such expenses as the Secretary may find are reasonable and are likely to
be incurred by such authority or agency, during any period specified by
him, for such purposes as the Secretary may, pursuant to such order,
determine to be appropriate, and for the maintenance and functioning of
such authority or agency, other than expenses incurred in receiving,
handling, holding, or disposing of any quantity of a commodity received,
handled, held, or disposed of by such authority or agency for the
benefit or account of persons other than handlers subject to such order.
The pro rata share of the expenses payable by a cooperative association
of producers shall be computed on the basis of the quantity of the
agricultural commodity or product thereof covered by such order which is
distributed, processed, or shipped by such cooperative association of
producers. The payment of assessments for the maintenance and
functioning of such authority or agency, as provided for herein, may be
required under a marketing agreement or marketing order throughout the
period the marketing agreement or order is in effect and irrespective of
whether particular provisions thereof are suspended or become
inoperative.
(iii) Any authority or agency established under an order may maintain
in its own name, or in the name of its members, a suit against any
handler subject to an order for the collection of such handler's pro
rata share of expenses. The several district courts of the United
States are vested with jurisdiction to entertain such suits regardless
of the amount in controversy.
(c) Regulations; penalty for violation
The Secretary of Agriculture is authorized, with the approval of the
President, to make such regulations with the force and effect of law as
may be necessary to carry out the powers vested in him by this chapter.
Any violation of any regulation shall be subject to such penalty, not in
excess of $100, as may be provided therein.
(d) Regulations of Secretary of Treasury
The Secretary of the Treasury is authorized to make such regulations
as may be necessary to carry out the powers vested in him by this
chapter.
(e) Review of official acts
The action of any officer, employee, or agent in determining the
amount of and in making any payment authorized to be made under section
608 of this title shall not be subject to review by any officer of the
Government other than the Secretary of Agriculture or Secretary of the
Treasury.
(f) Geographical application
The provisions of this chapter shall be applicable to the United
States and its possessions, except the Virgin Islands, American Samoa,
the Canal Zone, and the island of Guam; except that, in the case of
sugar beets and sugarcane, the President, if he finds it necessary in
order to effectuate the declared policy of this chapter, is authorized
by proclamation to make the provisions of this chapter applicable to the
Virgin Islands, American Samoa, the Canal Zone, and/or the island of
Guam.
(g) Officers; dealing or speculating in agricultural products;
penalties
No person shall, while acting in any official capacity in the
administration of this chapter, speculate, directly or indirectly, in
any agricultural commodity or product thereof to which this chapter
applies, or in contracts relating thereto, or in the stock or membership
interest of any association or corporation engaged in handling,
processing, or disposing of any such commodity or product. Any person
violating this subsection shall upon conviction thereof be fined not
more than $10,000 or imprisoned not more than two years, or both.
(h) Adoption of Federal Trade Commission Act; hearings; report of
violations to Attorney General
For the efficient administration of the provisions of this chapter,
the provisions, including penalties, of sections 48, 49, and 50 of title
15, are made applicable to the jurisdiction, powers, and duties of the
Secretary in administering the provisions of this chapter, and to any
person subject to the provisions of this chapter, whether or not a
corporation. Hearings authorized or required under this chapter shall
be conducted by the Secretary of Agriculture or such officer or employee
of the Department as he may designate for the purpose. The Secretary
may report any violation of any agreement entered into under this
chapter, to the Attorney General of the United States, who shall cause
appropriate proceedings to enforce such agreement to be commenced and
prosecuted in the proper courts of the United States without delay.
(i) Cooperation with State authorities; imparting information
The Secretary of Agriculture upon the request of the duly constituted
authorities of any State is directed, in order to effectuate the
declared policy of this chapter and in order to obtain uniformity in the
formulation, administration, and enforcement of Federal and State
programs relating to the regulation of the handling of agricultural
commodities or products thereof, to confer with and hold joint hearings
with the duly constituted authorities of any State, and is authorized to
cooperate with such authorities; to accept and utilize, with the
consent of the State, such State and local officers and employees as may
be necessary; to avail himself of the records and facilities of such
authorities; to issue orders (subject to the provisions of section 608c
of this title) complementary to orders or other regulations issued by
such authorities; and to make available to such State authorities the
records and facilities of the Department of Agriculture: Provided, That
information furnished to the Secretary of Agriculture pursuant to
section 608d(1) of this title shall be made available only to the extent
that such information is relevant to transactions within the regulatory
jurisdiction of such authorities, and then only upon a written agreement
by such authorities that the information so furnished shall be kept
confidential by them in a manner similar to that required of Federal
officers and employees under the provisions of section 608d(2) of this
title.
(j) Definitions
The term ''interstate or foreign commerce'' means commerce between
any State, Territory, or possession, or the District of Columbia, and
any place outside thereof; or between points within the same State,
Territory, or possession, or the District of Columbia, but through any
place outside thereof; or within any Territory or possession, or the
District of Columbia. For the purpose of this chapter (but in nowise
limiting the foregoing definition) a marketing transaction in respect to
an agricultural commodity or the product thereof shall be considered in
interstate or foreign commerce if such commodity or product is part of
that current of interstate or foreign commerce usual in the handling of
the commodity or product whereby they, or either of them, are sent from
one State to end their transit, after purchase, in another, including
all cases where purchase or sale is either for shipment to another State
or for the processing within the State and the shipment outside the
State of the products so processed. Agricultural commodities or
products thereof normally in such current of interstate or foreign
commerce shall not be considered out of such current through resort
being had to any means or device intended to remove transactions in
respect thereto from the provisions of said sections. As used herein,
the word ''State'' includes Territory, the District of Columbia,
possession of the United States, and foreign nations.
(May 12, 1933, ch. 25, title I, 10, 48 Stat. 37; June 16, 1933, ch.
98, title VIII, 86, 48 Stat. 273; May 9, 1934, ch. 263, 7, 48 Stat.
675; Aug. 24, 1935, ch. 641, 16-18, 49 Stat. 767; Aug. 26, 1935, ch.
685, 49 Stat. 801; June 22, 1936, ch. 690, 601(a), 49 Stat. 1739;
June 3, 1937, ch. 296, 1, 2(g)-(i), 50 Stat. 246, 248; Proc. No.
2695, eff. July 4, 1946, 11 F.R. 7817, 60 Stat. 1352; Aug. 1, 1947,
ch. 425, 3, 61 Stat. 709; Oct. 28, 1949, ch. 782, title XI, 1106(a),
63 Stat. 972.)
Section 8 of title II of the Act entitled ''An Act to maintain the
credit of the United States Government,'', referred to in subsec. (a),
means act Mar. 20, 1933, ch. 3, title II, 8, 48 Stat. 15, which is
not classified to the Code.
For definition of Canal Zone, referred to in subsec. (f), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
In subsec. (a), ''chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ''the Classification Act of 1949'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
Provisions of subsec. (a), which authorized appointment of officers
and employees without regard to the civil-service laws and regulations
and which limited the maximum salary payable to any officer or employee
to not more than $10,000 per annum, were omitted from the Code as
obsolete and superseded. Such appointments are now subject to the civil
service laws unless specifically excepted by those laws or by laws
enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by
the President pursuant to act Nov. 26, 1940, ch. 919, title I, 1, 54
Stat. 1211, which covered most excepted positions into the classified
(competitive) civil service. The Order is set out as a note under
section 3301 of Title 5.
The salary limitation was superseded by the Classification Act of
1949.
References to the Philippine Islands in subsec. (f) of this section
were omitted from the Code as obsolete in view of the independence of
the Philippine Islands, proclaimed by the President of the United States
in Proc. No. 2695, which is set out as a note under section 1394 of
Title 22, Foreign Relations and Intercourse.
1949 -- Subsec. (a). Act Oct. 28, 1949, substituted
''Classification Act of 1949'' for ''Classification Act of 1923''.
1947 -- Subsec. (b)(2). Act Aug. 1, 1947, among other changes
inserted subpar. (i), designated former first and second sentences of
subsection as subpar. (ii) and inserted last sentence relating to the
payment of assessments for the maintenance and functioning of such
authority thereto, and designated former third and fourth sentences of
subsection as subpar. (iii).
1937 -- Subsec. (c). Act June 3, 1937, 2(g), struck out last clause
of first sentence which related to regulations establishing conversion
factors for any commodity and article processed therefrom to determine
the amount of tax imposed or refunds to be made with respect thereto.
Subsec. (f). Act June 3, 1937, 2(b), struck out sentence which
authorized the President to attach by executive order any or all
possessions to any internal-revenue district for the purpose of carrying
out provisions with respect to the collection of taxes.
Subsec. (j). Act June 3, 1937, 2(i), added subsec. (j).
1936 -- Subsec. (d). Act June 22, 1936, reenacted subsec. (d) for
refund purposes.
1935 -- Subsec. (b). Act Aug. 24, 1935, 16, among other changes
inserted ''The Secretary, in the administration of this chapter, shall
accord such recognition and encouragement to producer-owned and
producer-controlled cooperative associations as will be in harmony with
the policy toward cooperative associations set forth in existing Acts of
Congress, and as will tend to promote efficient methods of marketing and
distribution.
''(2) Each order issued by the Secretary under this chapter shall
provide that each handler subject thereto shall pay to any authority or
agency established under such order such handler's pro rata share (as
approved by the Secretary) of such expenses as the Secretary may find
will necessarily be incurred by such authority or agency, during any
period specified by him, for the maintenance and functioning of such
authority or agency, other than expenses incurred in receiving,
handling, holding, or disposing of any quantity of a commodity received,
handled, held, or disposed of by such authority or agency for the
benefit or account of persons other than handlers subject to such order.
The pro rata share of the expenses payable by a cooperative association
of producers shall be computed on the basis of the quantity of the
agricultural commodity or product thereof covered by such order which is
distributed, processed, or shipped by such cooperative association of
producers. Any such authority or agency may maintain in its own name,
or in the names of its members, a suit against any handler subject to an
order for the collection of such handler's pro rata share of expenses.
The several District Courts of the United States are hereby vested with
jurisdiction to entertain such suits regardless of the amount in
controversy.''
Subsec. (e). Act Aug. 24, 1935, 17, struck out ''rental or benefit
payment'' and inserted in lieu thereof ''payment authorized to be made
under section 8''.
Subsec. (f). Act Aug. 26, 1935, inserted sentence authorizing the
President to attach by executive order any or all possessions to any
internal-revenue district for the purpose of carrying out provisions
with respect to the collection of taxes.
Subsec. (i). Act Aug. 24, 1935, 18, added subsec. (i).
1934 -- Subsec. (f). Act May 9, 1934, inserted exception provision.
1933 -- Subsec. (a). Act June 16, 1933, inserted ''And provided
further, That the State Administrator appointed to administer this
chapter in each State shall be appointed by the President, by and with
the advice and consent of the Senate'' at end of first sentence.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Executive and administrative functions of Federal Trade Commission,
with certain reservations, transferred to Chairman of Commission by 1950
Reorg. Plan No. 8, 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.
1264, set out in the Appendix to Title 5, Government Organization and
Employees.
1946 Reorg. Plan No. 3, 501, eff. July 16, 1946, 11 F.R. 7877, 60
Stat. 1100, set out in the Appendix to Title 5, transferred functions
of Agricultural Adjustment Administration to Secretary of Agriculture.
In his letter to Congress, the President stated that purpose of this
transfer was to permit Secretary of Agriculture to continue
consolidation already effected in Production and Marketing
Administration. By temporary Executive Orders 9069 and 9577, and Ex.
Ord. No. 9280, Dec. 5, 1942, 7 F.R. 10, 179, and Ex. Ord. No. 9322,
Mar. 26, 1943, 8 F.R. 3807, as amended by Ex. Ord. No. 9334, Apr. 19,
1943, 8 F.R. 5423, the Agricultural Adjustment Administration had been
successively consolidated into Agricultural Conservation and Adjustment
Administration, Food Production Administration, and War Food
Administration, which was terminated and its functions transferred to
Secretary of Agriculture by said Ex. Ord. 9577. Secretary of
Agriculture consolidated functions of Agricultural Adjustment
Administration into Production and Marketing Administration by
Memorandum 1118, Aug. 18, 1945.
Act June 3, 1937, 1, affirmed, validated, and reenacted without
change the provisions of subsecs. (a), (b) (2), (c), and (f) to (i) of
this section, except for the amendments to subsecs. (c) and (f) by
section 2 of the act. See note set out under section 601 of this title.
Acts June 25, 1938, ch. 681, 52 Stat. 1150; May 6, 1939, ch. 115,
1, 53 Stat. 661, 662; Feb. 12, 1940, ch. 28, 1, 54 Stat. 36; Mar.
25, 1940, ch. 71, title I, 54 Stat. 61; May 31, 1941, ch. 156, title
I, 1, 55 Stat. 218; Mar. 10, 1942, ch. 178, title I, 1, 56 Stat.
156; June 30, 1943, ch. 179, title I, 57 Stat. 257; Apr. 22, 1944,
ch. 175, title I, 1, 58 Stat. 201; Apr. 24, 1945, ch. 92, title I,
59 Stat. 62; July 20, 1946, ch. 588, title I, 60 Stat. 574.
Ex. Ord. No. 10199, Dec. 21, 1950, 15 F.R. 9217, provided:
By virtue of the authority vested in me by the act of August 8, 1950,
Public Law 673, 81st Congress (sections 301 to 303 of Title 3) I hereby
authorize the Secretary of Agriculture to make without the approval of
the President such regulations with the force and effect of law as may
be necessary to carry out the powers vested in him by the Agricultural
Marketing Agreement Act of 1937, as amended (this chapter).
Harry S Truman.
Anti-hog-cholera serum and hog-cholera virus provisions, provisions
of section as applicable to, see section 855 of this title.
Creditable service for retirement of employees of a committee or
association of employees described by subsec. (b) of this section, see
section 8332 of Title 5, Government Organization and Employees.
Member of agency as acting in an official capacity when compensated
from United States funds, see section 608c of this title.
6312, 8332.
07 USC 611. ''Basic agricultural commodity'' defined; exclusion of
commodities
TITLE 7 -- AGRICULTURE
As used in this chapter, the term ''basic agricultural commodity''
means wheat, rye, flax, barley, cotton, field corn, grain sorghums,
hogs, cattle, rice, potatoes, tobacco, sugar beets and sugarcane,
peanuts, and milk and its products, and any regional or market
classification, type, or grade thereof; but the Secretary of
Agriculture shall exclude from the operation of the provisions of this
chapter, during any period, any such commodity or classification, type,
or grade thereof if he finds, upon investigation at any time and after
due notice and opportunity for hearing to interested parties, that the
conditions of production, marketing, and consumption are such that
during such period this chapter can not be effectively administered to
the end of effectuating the declared policy with respect to such
commodity or classification, type, or grade thereof. As used in this
chapter, the term ''potatoes'' means all varieties of potatoes included
in the species Solanum tuberosum.
(May 12, 1933, ch. 25, title I, 11, 48 Stat. 38; Apr. 7, 1934, ch.
103, 1, 3(b), 4, 5, 48 Stat. 528; May 9, 1934, ch. 263, 1, 48 Stat.
670; Aug. 24, 1935, ch. 641, 61, 49 Stat. 782.)
1935 -- Act Aug. 24, 1935, inserted '', potatoes'' after ''rice''
and last sentence defining potatoes.
1934 -- Act May 9, 1934, inserted '', sugar beets and sugarcane''
after ''tobacco''.
Act Apr. 7, 1934, inserted '', cattle'' after ''hogs'', '',
peanuts'' after ''tobacco'', '', rye, flax, barley'' after ''wheat'',
and '', grain sorghums'' after ''field corn''.
title 12 section 1150a.
07 USC 612. Appropriation; use of revenues; administrative expenses
TITLE 7 -- AGRICULTURE
(a) There is appropriated, out of any money in the Treasury not
otherwise appropriated, the sum of $100,000,000 to be available to the
Secretary of Agriculture for administrative expenses under this chapter,
and for payments authorized to be made under section 608 of this title.
Such sum shall remain available until expended.
To enable the Secretary of Agriculture to finance under such terms
and conditions as he may prescribe, surplus reductions with respect to
the dairy- and beef-cattle industries, and to carry out any of the
purposes described in subsections (a) and (b) of this section and to
support and balance the markets for the dairy and beef cattle
industries, there is authorized to be appropriated, out of any money in
the Treasury not otherwise appropriated, the sum of $200,000,000:
Provided, That not more than 60 per centum of such amount shall be used
for either of such industries.
(b) In addition to the foregoing, for the purpose of effectuating the
declared policy of this chapter, a sum equal to the proceeds derived
from all taxes imposed under this chapter is appropriated to be
available to the Secretary of Agriculture for (1) the acquisition of any
agricultural commodity pledged as security for any loan made by any
Federal agency, which loan was conditioned upon the borrower agreeing or
having agreed to cooperate with a program of production adjustment or
marketing adjustment adopted under the authority of this chapter, and
(2) the following purposes under this chapter: Administrative expenses,
payments authorized to be made under section 608 of this title, and
refunds on taxes. The Secretary of Agriculture and the Secretary of the
Treasury shall jointly estimate from time to time the amounts, in
addition to any money available under subsection (a) of this section,
currently required for such purposes; and the Secretary of the Treasury
shall, out of any money in the Treasury not otherwise appropriated,
advance to the Secretary of Agriculture the amounts so estimated. The
amount of any such advance shall be deducted from such tax proceeds as
shall subsequently become available under this subsection.
(c) The administrative expenses provided for under this section shall
include, among others, expenditures for personal services and rent in
the District of Columbia and elsewhere, for law books and books of
reference, for contract stenographic reporting services, and for
printing and paper in addition to allotments under the existing law.
The Secretary of Agriculture shall transfer to the Treasury Department,
and is authorized to transfer to other agencies, out of funds available
for administrative expenses under this chapter, such sums as are
required to pay administrative expenses incurred and refunds made by
such department or agencies in the administration of this chapter.
(May 12, 1933, ch. 25, title I, 12, 48 Stat. 38; Apr. 7, 1934, ch.
103, 2, 48 Stat. 528; Aug. 24, 1935, ch. 641, 3, 19, 49 Stat. 753,
768; June 3, 1937, ch. 296, 1, 2(j), 50 Stat. 246, 248.)
1937 -- Subsec. (a). Act June 3, 1937, 2(j), struck out ''and
production adjustments'' after ''surplus reductions'' in second par.
1935 -- Subsec. (a). Act Aug. 24, 1935, 19, substituted ''payments
authorized to be made under section 608'' for ''rental and benefit
payments made with respect to reduction in acreage or reduction in
production for market under part 2 of this title''.
Subsec. (b). Act Aug. 24, 1935, 3, amended subsec. (b) generally.
1934 -- Subsec. (a). Act Apr. 7, 1934, added second par.
Act June 3, 1937, 1, affirmed and validated, and reenacted without
change the provisions of subsecs. (a) and (c) of this section, except
for the amendment to subsec. (a) by section 2 of the act. See note set
out under section 601 of this title.
Act June 5, 1942, ch. 349, 2, 3, 56 Stat. 324, authorized
Comptroller General to relieve disbursing and certifying officers from
liability for payments made prior to January 6, 1936, under Agricultural
Adjustment Act of 1933 or amendments thereto (this chapter) or under the
appropriation ''Payments for Agricultural Adjustment'' in act Feb. 11,
1936, ch. 49, 49 Stat. 1116, upon certificate of Secretary of
Agriculture that such payments were made in good faith, and also
provided that no action should be taken to recover such excess payments,
if the Secretary of Agriculture should further certify that in view of
the good faith of the parties or other circumstances of the case, such
attempt to recover them would be inadvisable or inequitable.
Ex. Ord. No. 10914, Jan. 21, 1961, 26 F.R. 639, provided:
Whereas one of the most important and urgent problems confronting
this Nation today is the development of a positive food and nutrition
program for all Americans;
Whereas I have received the report of the Task Force on Area
Redevelopment under the chairmanship of Senator Douglas, in which
special emphasis is placed upon the need for additional food to
supplement the diets of needy persons in areas of chronic unemployment;
Whereas I am also advised that there are now almost 7 million persons
receiving some form of public assistance, that 4.5 million persons are
reported as being unemployed and that a substantial number of needy
persons are not recipients in the present food distribution program;
Whereas the variety of foods currently being made available is
limited and its nutritional content inadequate; and
Whereas despite an abundance of food, farm income has been in a
period of decline, and a strengthening of farm prices is desirable.
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
The Secretary of Agriculture shall take immediate steps to expand and
improve the program of food distribution throughout the United States,
utilizing funds and existing statutory authority available to him,
including section 32 of the Act of August 24, 1935, as amended (7 U.S.C.
612) (this section), so as to make available for distribution, through
appropriate State and local agencies, to all needy families a greater
variety and quantity of food out of our agricultural abundance.
John F. Kennedy.
title 31 section 1511.
07 USC 612a, 612b. Omitted
TITLE 7 -- AGRICULTURE
Section 612a, act Apr. 7, 1934, ch. 103, 6, 48 Stat. 528; 1940
Reorg. Plan No. III, 5, 5 F.R. 2108, 54 Stat. 1232, authorized
appropriation of $50,000,000 for purpose of dairy and beef products for
distribution for relief purposes, and for elimination of diseased
cattle.
Section 612b, act Aug. 24, 1935, ch. 641, 37, 49 Stat. 775,
provided appropriations for elimination of disease in dairy and beef
cattle to remain available until June 30, 1936.
07 USC 612c. Appropriation to encourage exportation and domestic
consumption of agricultural products
TITLE 7 -- AGRICULTURE
There is appropriated for each fiscal year beginning with the fiscal
year ending June 30, 1936 an amount equal to 30 per centum of the gross
receipts from duties collected under the customs laws during the period
January 1 to December 31, both inclusive, preceding the beginning of
each such fiscal year. Such sums shall be maintained in a separate fund
and shall be used by the Secretary of Agriculture only to (1) encourage
the exportation of agricultural commodities and products thereof by the
payment of benefits in connection with the exportation thereof or of
indemnities for losses incurred in connection with such exportation or
by payments to producers in connection with the production of that part
of any agricultural commodity required for domestic consumption; (2)
encourage the domestic consumption of such commodities or products by
diverting them, by the payment of benefits or indemnities or by other
means, from the normal channels of trade and commerce or by increasing
their utilization through benefits, indemnities, donations or by other
means, among persons in low income groups as determined by the Secretary
of Agriculture; and (3) reestablish farmers' purchasing power by making
payments in connection with the normal production of any agricultural
commodity for domestic consumption. Determinations by the Secretary as
to what constitutes diversion and what constitutes normal channels of
trade and commerce and what constitutes normal production for domestic
consumption shall be final. The sums appropriated under this section
shall be expended for such one or more of the above-specified purposes,
and at such times, in such manner, and in such amounts as the Secretary
of Agriculture finds will effectuate substantial accomplishment of any
one or more of the purposes of this section. Notwithstanding any other
provision of this section, the amount that may be devoted, during any
fiscal year after June 30, 1939, to any one agricultural commodity or
the products thereof in such fiscal year, shall not exceed 25 per centum
of the funds available under this section for such fiscal year. The
sums appropriated under this section shall be devoted principally to
perishable nonbasic agricultural commodities (other than those receiving
price support under section 1446 of this title) and their products. The
sums appropriated under this section shall, notwithstanding the
provisions of any other law, continue to remain available for the
purposes of this section until expended; but any excess of the amount
remaining unexpended at the end of any fiscal year over $300,000,000
shall, in the same manner as though it had been appropriated for the
service of such fiscal year, be subject to the provisions of section
3690 /1/ of the Revised Statutes, and section 5 /1/ of the Act entitled
''An Act making appropriations for the legislative, executive, and
judicial expenses of the Government for the year ending June thirtieth,
eighteen hundred and seventy-five, and for other purposes''. A public
or private nonprofit organization that receives agricultural commodities
or the products thereof under clause (2) of the second sentence may
transfer such commodities or products to another public or private
nonprofit organization that agrees to use such commodities or products
to provide, without cost or waste, nutrition assistance to individuals
in low-income groups.
(Aug. 24, 1935, ch. 641, 32, 49 Stat. 774; Feb. 29, 1936, ch. 104,
2, 49 Stat. 1151; Feb. 16, 1938, ch. 30, title II, 203, 52 Stat. 38;
June 30, 1939, ch. 253, title I, 53 Stat. 975; July 3, 1948, ch. 827,
title III, 301, 62 Stat. 1257; Oct. 31, 1949, ch. 792, title IV,
411, 63 Stat. 1057; Jan. 30, 1954, ch. 2, 5(b), 68 Stat. 7; Dec. 23,
1985, Pub. L. 99-198, title XV, 1561, 99 Stat. 1589.)
Section 3690 of the Revised Statutes, and section 5 of act June 30,
1875, referred to in text, which were classified to sections 712 and 713
of former Title 31, Money and Finance, were repealed by act July 6,
1949, ch. 299, 3, 63 Stat. 407.
Section was not enacted as part of the Agricultural Adjustment Act
which comprises this chapter.
1985 -- Pub. L. 99-198 inserted sentence authorizing a public or
private nonprofit organization that receives agricultural commodities or
the products thereof under clause (2) of the second sentence to transfer
such commodities or products to another public or private nonprofit
organization that agrees to use such commodities or products to provide,
without cost or waste, nutrition assistance to individuals in low-income
groups.
1954 -- Act Jan. 30, 1954, substituted ''(other than those receiving
price support under section 1446 of this title)'' for ''(other than
those designated in section 1446 of this title),'' in next to last
sentence.
1949 -- Act Oct. 31, 1949, inserted sentence relating to perishable
nonbasic agricultural commodities.
1948 -- Act July 3, 1948, inserted sentence providing for the
accumulation of funds up to $300,000,000.
1939 -- Act June 30, 1939, in cl. (2), inserted ''or by increasing
their utilization through benefits, indemnities, donations or by other
means, among persons in low income groups as determined by the Secretary
of Agriculture''.
1938 -- Act Feb. 16, 1938, inserted ''Notwithstanding any other
provision of this section, the amount that may be devoted, during any
fiscal year after June 30, 1939, to any one agricultural commodity or
the products thereof in such fiscal year, shall not exceed 25 per centum
of the funds available under this section for such fiscal year.''
1936 -- Act Feb. 29, 1936, struck out cl. (3) and inserted in lieu
thereof immediately preceding second proviso ''(3) reestablish farmers'
purchasing power by making payments in connection with the normal
production of any agricultural commodity for domestic consumption.
Determinations by the Secretary as to what constitutes diversion and
what constitutes normal channels of trade and commerce and what
constitutes normal production for domestic consumption shall be final.
The sums appropriated under this section shall be expended for such one
or more of the above-specified purposes, and at such times, in such
manner, and in such amounts as the Secretary of Agriculture finds will
effectuate substantial accomplishment of any one or more of the purposes
of this section.''
Amendment by act July 3, 1948, effective Jan. 1, 1950, see section
303 of act July 3, 1948, set out as a note under section 1301 of this
title.
Functions of all officers, agencies, and employees of the Department
of Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.R.
3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Federal Surplus Relief Corporation changed to Federal Surplus
Commodities Corporation by amendment of its charter in 1935. It
consolidated with Division of Marketing and Marketing Agreements of
Agricultural Adjustment Administration to form Surplus Marketing
Administration by 1940 Reorg. Plan No. III, 5, 5 F.R. 2108, 54 Stat.
1232, set out in the Appendix to Title 5, Government Organization and
Employees. By Executive orders under First War Powers Act, former
section 601 et seq. of Appendix to Title 50, War and National Defense,
Surplus Marketing Administration merged into Agricultural Marketing
Administration, which consolidated into Food Distribution
Administration, which consolidated into War Food Administration, which
terminated and its functions transferred to Secretary of Agriculture.
By Memorandum 1118, Secretary of Agriculture, Aug. 18, 1945, functions
of Federal Surplus Commodities Corporation transferred to Production and
Marketing Administration. 1946 Reorg. Plan No. 3, 501(a), eff. July
16, 1946, 11 F.R. 7877, 60 Stat. 1100, transferred functions of Surplus
Marketing Administration to Secretary of Agriculture. In his letter to
Congress, the President stated that purpose of this transfer was to
permit Secretary of Agriculture to continue the consolidation already
effected in Production and Marketing Administration.
Federal Surplus Commodities Corporation and Division of Marketing and
Marketing Agreements of Agricultural Adjustment Administration and their
functions consolidated into Surplus Marketing Administration in
Department of Agriculture by Reorg. Plan No. III, 5, eff. June 30,
1940, set out in the Appendix to Title 5. See, also, sections 8 and 9
of said plan for provisions relating to transfer of records, property,
personnel, and funds.
Joint Res. July 1, 1941, ch. 266, 34, 55 Stat. 407, appropriated,
in addition to the funds already provided, $25,000,000, to be used by
the Secretary of Agriculture, for the purpose of effectuating this
section, subject to the provisions of law relating to the expenditure of
such funds.
Act July 1, 1941, ch. 267, 1, 55 Stat. 435, made the funds
provided for in this section available for the fiscal year 1942.
Joint Res. June 26, 1940, ch. 432, 41, 54 Stat. 627,
appropriated, in addition to the funds already provided, $50,000,000, to
be used by the Secretary of Agriculture, for the purpose of effectuating
this section, subject to the provisions of law relating to the
expenditure of such funds.
Act June 25, 1940, ch. 421, 1, 54 Stat. 561, made the funds
provided for in this section available for the fiscal year 1941.
Act June 30, 1939, besides amending clause 2, provided for the
availability of funds provided by this section during the fiscal year
1940.
Act Aug. 25, 1937, ch. 757, title I, 1, 50 Stat. 762, provided
for availability of portions of funds available under this section in
fiscal years 1938 and 1939, for expenditure for price-adjustment
payments with respect to 1937 cotton crop.
Section 301 of act July 30, 1947, ch. 356, title III, 61 Stat. 550,
provided that, notwithstanding section 612c of this title, no more than
$44,000,000 would be available during the fiscal year ending June 30,
1948, for use in effectuating this chapter; that $65,000,000 of the
fiscal year 1948 appropriation were made available to carry out the
National School Lunch Act of June 4, 1946, without regard to the 25 per
cent limitation in section 612c and exclusive of funds expended pursuant
to the last sentence of section 9 of the National School Lunch Act:
provided that no part of such funds were to be used for nonfood
assistance under section 5 of said Act; and that the remainder of the
fund appropriated by said Act for the fiscal year 1948 was rescinded
effective July 1, 1947, carried to the surplus fund, and covered into
the Treasury immediately thereafter.
Section 112(f) of act Apr. 3, 1948, ch. 169, title I, 62 Stat.
148, which provided in part for the rescission or cancellation of
appropriations under this section as provided for in act July 30, 1947,
ch. 356, title III, 61 Stat. 550, was repealed by act Oct. 10, 1951,
ch. 479, title V, 503(b)(1), as added June 20, 1952, ch. 449, 7 (c),
66 Stat. 144.
Pub. L. 101-624, title XVII, 1773(f), Nov. 28, 1990, 104 Stat.
3811, provided that:
''(1) In general. -- Not later than January 1, 1992, the Comptroller
General of the United States shall submit a report regarding processing
of entitlement commodities used in child nutrition programs to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
''(2) Consultation. -- The Comptroller General shall consult with
representatives of State and Federal commodity distribution authorities,
local elected school authorities, local school food service authorities,
and food processors with experience providing service to child nutrition
programs regarding the scope and design of the report.
''(3) Evaluation. -- The report shall evaluate the extent to which --
''(A) processing of entitlement commodities occurs in the States;
''(B) governmental requirements for participation in the processing
vary among States; and
''(C) entitlement commodity recipients are satisfied with access to
and services provided through entitlement commodity processing.''
Pub. L. 100-435, title I, 110, Sept. 19, 1988, 102 Stat. 1651, as
amended by Pub. L. 101-624, title XVII, 1774(a), Nov. 28, 1990, 104
Stat. 3811; Pub. L. 102-237, title IX, 922(a), Dec. 13, 1991, 105
Stat. 1888, provided that:
''(a) Purpose. -- It is the purpose of this section to establish a
formula so that the amount, measured by their value, of additional
commodities that are to be provided to each State for redistribution to
soup kitchens and food banks can be precisely calculated for fiscal
years 1989 through 1995. The share of commodities, as measured by their
value, to be provided to each State shall be based 60 percent on the
number of persons in households within the State having incomes below
the poverty level and 40 percent on the number of unemployed persons
within the State.
''(b) Definitions. -- As used in this section --
''(1) Additional commodities. -- The term 'additional commodities'
means commodities purchased under this section in addition to the
commodities otherwise made available to soup kitchens and food banks
providing nutrition assistance to relieve situations of emergency and
distress.
''(2) Average monthly number of unemployed persons. -- The term
'average monthly number of unemployed persons' refers to the average
monthly number of unemployed persons within each State in the most
recent fiscal year for which such information is available as determined
by the Bureau of Labor Statistics of the Department of Labor.
''(3) Food banks. -- The term 'food bank' refers to public and
charitable institutions that maintain an established operation involving
the provision of food or edible commodities, or the products thereof, to
food pantries, soup kitchens, hunger relief centers, or other food or
feeding centers that provide meals or food to needy persons on a regular
basis as an integral part of their normal activities.
''(4) Food pantry. -- The term 'food pantry' means a public or
private nonprofit organization that distributes food to low-income and
unemployed households, including food from sources other than the
Department of Agriculture, to relieve situations of emergency and
distress.
''(5) Poverty line. -- The term 'poverty line' has the same meaning
given such term in section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)).
''(6) Secretary. -- The term 'Secretary' means the Secretary of
Agriculture.
''(7) Soup kitchens. -- The term 'soup kitchens' refers to public and
charitable institutions that maintain an established feeding operation
to provide food to needy homeless persons on a regular basis as an
integral part of their normal activities.
''(8) Total value of additional commodities. -- The term 'total value
of additional commodities' means the actual cost (including the
processing and distribution costs of the Secretary), as paid by the
Secretary, for all additional commodities purchased under subsection
(c).
''(9) Value of additional commodities allocated to a state. -- The
term 'value of additional commodities allocated to a State' means the
actual cost for additional commodities (including the processing and
distribution costs of the Secretary) as paid by the Secretary for
commodities purchased under this section and allocated to such State.
''(c) Amounts. --
''(1) 1991 fiscal year. -- During fiscal year 1991, the Secretary
shall spend $32,000,000, to purchase, process, and distribute additional
commodities to States for distribution to soup kitchens and food banks
within a given State that provide nutrition assistance to relieve
situations of emergency and distress through the provision of food and
meals to needy persons and to other institutions that can demonstrate,
in accordance with subsection (j)(3), that they serve predominantly
needy persons.
''(2) 1992 through 1995 fiscal years. -- There are authorized to be
appropriated $40,000,000 for each of the fiscal years 1992 through 1995
to purchase, process, and distribute additional commodities to States
for distribution to soup kitchens and food banks within a given State
that provide nutrition assistance to relieve situations of emergency and
distress through the provision of food and meals to needy persons and to
other institutions that can demonstrate, in accordance with subsection
(j)(3), that they serve predominantly needy persons. Any amounts
provided for fiscal years 1992 through 1995 shall be available only to
the extent and in such amounts as are provided in advance in
appropriations Acts.
''(3) Food pantries. -- In instances in which food banks do not
operate within a given State, the State may distribute commodities to
food pantries.
''(d) Mandatory Allotments. -- In each fiscal year, the Secretary
shall allot --
''(1) 60 percent of the total value of additional commodities
provided to States in a manner such that the value of additional
commodities allocated to each State bears the same ratio to 60 percent
of the total value of additional commodities as the number of persons in
households within the State having incomes below the poverty line bears
to the total number of persons in households within all States having
incomes below such poverty line, and each State shall be entitled to
receive such value of additional commodities; and
''(2) 40 percent of the total value of additional commodities
provided to States in a manner such that the value of additional
commodities allocated to each State bears the same ratio to 40 percent
of the total value of additional commodities as the average monthly
number of unemployed persons within the State bears to the average
monthly number of unemployed persons within all States during the same
fiscal year, and each State shall be entitled to receive such value of
additional commodities.
''(e) Allocation and Reallocation. --
''(1) Notification by secretary. -- The Secretary shall notify each
State of the amount of the allocation that the State is entitled to
receive under subsection (d).
''(2) Notification by state. --
''(A) Acceptance amount. -- A State shall promptly notify the
Secretary of the amount of commodities that will be accepted by soup
kitchens or food banks. In determining such amount, the State shall
give priority to institutions that provide meals to homeless
individuals.
''(B) Less than full amount accepted. -- A State shall promptly
notify the Secretary if the State determines that it will not accept the
full amount of the allocation under subsection (d) (or a portion
thereof).
''(3) Reallocation. -- Whenever the Secretary receives a notification
under paragraph (2)(B), the Secretary shall reallocate and distribute
the amount of such allocation (or any portion thereof) not accepted, in
a fair and equitable manner among the States that accept the full amount
of their respective allocations under subsection (d) and that have
requested receipt of additional allocations.
''(f) Administration. -- Subject to subsection (c), purchases under
this section shall be made by the Secretary at such times and under such
conditions as the Secretary determines to be appropriate within each
fiscal year. All commodities purchased under subsection (c) within each
fiscal year shall be provided to States prior to the end of each such
fiscal year.
''(g) Maintenance of Effort. -- If a State uses its own funds to
provide commodities or services under this section, such State funds
shall not be obtained from existing Federal or State programs.
''(h) Increased Commodity Levels and Maintenance of Effort. --
''(1) Increased commodity levels. -- Commodities provided under the
amendments made by section 104 (enacting sections 213 and 214 of Pub. L.
98-8, set out below) and under this section shall be in addition to the
commodities otherwise provided (through commodity donations
traditionally provided by the Secretary or the Commodity Credit
Corporation) to emergency feeding organizations. The value of the
commodity donations traditionally provided to such organizations shall
not be diminished as a result of the purchases required by the
amendments made by section 104 and this section.
''(2) Federal maintenance. -- The purchase of commodities required
under the amendments made by section 104 and under this section, shall
not be made in such a manner as to cause any reduction in the value of
the bonus commodities that would otherwise be distributed, in the
absence of section 104 and this section, to charitable institutions, or
to any other domestic food assistance program, such as the programs
authorized under the National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.), or sections 4 and 5 of the
Agriculture and Consumer Protection Act of 1973 (Pub. L. 93-86, set out
below).
''(3) Other maintenance. -- Local agencies receiving commodities
purchased under this section shall provide an assurance to the State
that donations of foodstuffs from other sources shall not be diminished
as a result of the receipt of commodities under this section.
''(i) New Formula. -- Notwithstanding the provisions of this section
that set forth the specific formula for allocating additional
commodities to each State, the Secretary is authorized to establish a
different precise formula, after prior notice and comment as required by
section 553 of title 5, United States Code, only to the extent that --
''(1) any such formula is effective at the outset of, and throughout
any given fiscal year;
''(2) any such formula can be used to precisely calculate the amount
of commodities to be made available to each State by the Secretary for
each fiscal year; and
''(3) such formula provides that each State is entitled to receive
that value of additional commodities which results from the application
of such formula to the total value of additional commodities.
''(j) Priority System for State Distribution of Commodities. --
''(1) Soup kitchens. -- In distributing commodities under this
section, the distributing agency, under procedures determined
appropriate by the distributing agency, shall offer, or otherwise make
available, its full allocation of commodities for distribution to soup
kitchens and other like organizations that serve meals to homeless
persons, and to food banks for distribution to such organizations.
''(2) Institutions that serve only low-income recipients. -- If
distributing agencies determine that they will not likely exhaust their
allocation of commodities under this section through distribution to
institutions referred to in paragraph (1), the distributing agencies
shall make the remaining commodities available to food banks for
distribution to institutions that distribute commodities to the needy.
When such institutions distribute commodities to individuals for home
consumption, eligibility for such commodities shall be determined
through a means test as determined appropriate by the State distributing
agency.
''(3) Other institutions. -- If the distributing agency's commodity
allocation is not likely to be exhausted after distribution under
paragraphs (1) and (2) (as determined by the food bank), food banks may
distribute the remaining commodities to institutions that serve meals to
needy persons and do not employ a means test to determine eligibility
for such meals, provided that the organizations have documented, to the
satisfaction of the food bank, that the organizations do, in fact, serve
predominantly needy persons.
''(k) Settlement and Adjustment of Claims. --
''(1) In general. -- The Secretary or a designee of the Secretary
shall have the authority to --
''(A) determine the amount of, settle, and adjust any claim arising
under this section; and
''(B) waive such a claim if the Secretary determines that to do so
will serve the purposes of this section.
''(2) Litigation. -- Nothing contained in this subsection shall be
construed to diminish the authority of the Attorney General of the
United States under section 516 of title 28, United States Code, to
conduct litigation on behalf of the United States.''
(Amendment by Pub. L. 102-237 effective and implemented no later than
Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237, set out as an
Effective Date of 1991 Amendment note under section 1421 of this title.)
(Amendment by section 1774(a)(1) of Pub. L. 101-624 effective Nov.
28, 1990, and amendments by section 1774(a)(2)-(4) of Pub. L. 101-624
effective and implemented the first day of the month beginning 120 days
after the publication of implementing regulations which shall be
promulgated not later than Oct. 1, 1991, see section 1781(a), (b)(2) of
Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note
under section 2012 of this title.)
(Section 110 of Pub. L. 100-435 to be effective and implemented on
Oct. 1, 1988, see section 701(a) of Pub. L. 100-435, set out as an
Effective Date of 1988 Amendment note under section 2012 of this title.)
Pub. L. 100-435, title I, 111, Sept. 19, 1988, 102 Stat. 1654, as
amended by Pub. L. 101-624, title XVII, 1774(b), Nov. 28, 1990, 104
Stat. 3812, provided that:
''(a) Definition of Gleaning. -- For purposes of this section, the
term 'to glean' means to collect unharvested crops from the fields of
farmers, or to obtain agricultural products from farmers, processors, or
retailers, in order to distribute the products to needy individuals,
including unemployed and low-income individuals, and the term includes
only those situations in which agricultural products and access to
fields and facilities are made available without charge.
''(b) Establishment. --
''(1) In general. -- The Secretary of Agriculture (hereafter in this
section referred to as the 'Secretary') is authorized to assist States
and private nonprofit organizations in establishing Gleaning
Clearinghouses (hereafter in this section referred to as a
'Clearinghouse').
''(2) Assistance. -- The Secretary is authorized to provide technical
information and other assistance considered appropriate by the Secretary
to encourage public and nonprofit private organizations to --
''(A) initiate and carry out gleaning activities, and to assist other
organizations and individuals to do so, through lectures,
correspondence, consultation, or such other measures as the Secretary
may consider appropriate;
''(B) collect from public and private sources (including farmers,
processors, and retailers) information relating to the kinds,
quantities, and geographical locations of agricultural products not
completely harvested;
''(C) gather, compile, and make available to public and nonprofit
private organizations and to the public the statistics and other
information collected under this paragraph, at reasonable intervals;
''(D) establish and operate a toll-free telephone line by which --
''(i) farmers, processors, and retailers may report to a
Clearinghouse for dissemination information regarding unharvested crops
and agricultural products available for gleaning, and may also report
how they may be contacted;
''(ii) public and nonprofit organizations that wish to glean or to
assist others to glean, may report to a Clearinghouse the kinds and
amounts of products that are wanted for gleaning, and may also report
how they may be contacted;
''(iii) persons who can transport crops or products may report the
availability of free transportation for gleaned crops or products; and
''(iv) information about gleaning can be provided without charge by a
Clearinghouse to the persons and organizations described in clauses (i),
(ii), and (iii);
''(E) prepare, publish, and make available to the public, at cost and
on a continuing basis, a handbook on gleaning that includes such
information and advice as may be useful in operating efficient gleaning
activities and projects, including information regarding how to --
''(i) organize groups to engage in gleaning; and
''(ii) distribute to needy individuals, including low-income and
unemployed individuals, food and other agricultural products that have
been gleaned; or
''(F) advertise in print, on radio, television, or through other
media, as the Secretary considers to be appropriate, the services
offered by a Clearinghouse under this section.''
(Section 111 of Pub. L. 100-435 effective and implemented on Oct. 1,
1988, except that such section to become effective and implemented on
Oct. 1, 1989, if final order is issued under section 902(b) of Title 2,
The Congress, for fiscal year 1989 making reductions and sequestrations
specified in the report required under section 901(a)(3)(A) of Title 2,
see section 701(a), (c)(2) of Pub. L. 100-435, set out as an Effective
Date of 1988 Amendment note under section 2012 of this title.)
Pub. L. 100-435, title I, 130, Sept. 19, 1988, 102 Stat. 1655, was
redesignated section 5(d)(2) of Pub. L. 93-86, set out as a note below,
by Pub. L. 101-624, title XVII, 1774(c)(2)(A), Nov. 28, 1990, 104
Stat. 3813.
Pub. L. 100-435, title II, 220, Sept. 19, 1988, 102 Stat. 1659, as
amended by Pub. L. 101-624, title XVII, 1772(h)(5), Nov. 28, 1990,
104 Stat. 3809; Pub. L. 102-237, title IX, 942, Dec. 13, 1991, 105
Stat. 1893, provided that:
''(a) Solicitation of Applications. --
''(1) In general. -- Not later than 60 days after the date of
enactment of this Act (Sept. 19, 1988), the Secretary of Agriculture
shall, to the extent that the Commodity Credit Corporation's inventory
levels permit, solicit applications, in accordance with paragraph (2),
for surplus commodities available for distribution under section 202 of
the Emergency Food Assistance Act of 1983 (Pub. L. 98-8) (7 U.S.C. 612c
note).
''(2) Requirements. -- The solicitation by the Secretary of
Agriculture under paragraph (1) shall be in the form of a request that
any eligible recipient agency (as defined in section 201A of the
Emergency Food Assistance Act of 1983 (Pub. L. 98-8, set out below))
submit an application to the Secretary that shall include an assurance
that such agency will --
''(A) process any agricultural commodity received in response to such
application into end-use products suitable for distribution through the
Emergency Food Assistance Program;
''(B) package such products for use by individual households; and
''(C) distribute such products to State agencies responsible for the
administration of the Emergency Food Assistance Program, at no cost to
the State agency, for distribution through the Emergency Food Assistance
Program.
''(3) Prohibition on payment of processing costs. -- Funds made
available under section 204 of the Emergency Food Assistance Act of 1983
(7 U.S.C. 612c note) or funds of the Commodity Credit Corporation shall
not be used to pay any costs incurred for the processing, storage,
transportation or distribution of the commodities or end-use products
prior to their delivery to the State agency.
''(b) Review of Applications. --
''(1) Time of review. -- Not later than 60 days after the Secretary
of Agriculture receives an application solicited under subsection (a),
the Secretary shall approve or disapprove such application.
''(2) Notice of disapproval. -- If the Secretary disapproves the
application submitted under subsection (a), the Secretary shall inform
the applicant of the reasons for such disapproval.''
(Amendment by Pub. L. 102-237 effective and implemented no later than
Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237, set out as an
Effective Date of 1991 Amendment note under section 1421 of this title.)
(Section 220 of Pub. L. 100-435 to be effective and implemented on
Oct. 1, 1988, see section 701(a) of Pub. L. 100-435, set out as an
Effective Date of 1988 Amendment note under section 2012 of this title.)
Pub. L. 100-435, title V, 502, Sept. 19, 1988, 102 Stat. 1671,
provided that:
''(a) In General. -- The Secretary of Agriculture may carry out
demonstration projects to provide and redistribute to needy individuals
and families through community food banks and other charitable food
banks --
''(1) agricultural commodities or the products thereof made available
under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); and
''(2) to the extent practicable, agricultural commodities or the
products thereof made available under section 32 of the Act entitled 'An
Act to amend the Agricultural Adjustment Act, and for other purposes',
approved August 24, 1935 (7 U.S.C. 612c).
''(b) Food Types. -- The Secretary shall determine the quantities,
varieties, and types of agricultural commodities and products thereof to
be made available to community food banks under this section.
''(c) Report. -- Not later than July 1, 1990, the Secretary shall
submit, to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate,
a report describing any demonstration projects carried out under this
section. The report shall include an analysis and evaluation of the
distribution and redistribution of food under the demonstration projects
and the feasibility of expanding the projects to other community food
banks.
''(d) Termination. -- The authority provided under this section shall
terminate on September 30, 1990.
''(e) Authorization of Appropriations. -- There are authorized to be
appropriated to carry out this section, $400,000 for each of the fiscal
years 1989 through 1990.''
(Section 502 of Pub. L. 100-435 (enacting note above) effective and
implemented on Oct. 1, 1988, except that such section to become
effective and implemented on Oct. 1, 1989, if final order is issued
under section 902(b) of Title 2, The Congress, for fiscal year 1989
making reductions and sequestrations specified in the report required
under section 901(a)(3)(A) of Title 2, see section 701(a), (c)(2) of
Pub. L. 100-435, set out as an Effective Date of 1988 Amendment note
under section 2012 of this title.)
Pub. L. 100-237, 1-4, 7, 13, 14, Jan. 8, 1988, 101 Stat. 1733,
1739, 1740, 1742, 1743, as amended by Pub. L. 101-624, title XVII,
1772(h)(3), (4), 1773(a)-(e), Nov. 28, 1990, 104 Stat. 3809-3811;
Pub. L. 102-342, title IV, 401, Aug. 14, 1992, 106 Stat. 914,
provided that:
''SECTION 1. SHORT TITLE.
''This Act (amending section 1431e of this title and sections 1755,
1769, and 1786 of Title 42, The Public Health and Welfare, and enacting
provisions set out as notes under this section and section 1786 of Title
42) may be cited as the 'Commodity Distribution Reform Act and WIC
Amendments of 1987'.
''SEC. 2. STATEMENT OF PURPOSE; SENSE OF CONGRESS.
''(a) Statement of Purpose. -- It is the purpose of this Act to
improve the manner in which agricultural commodities acquired by the
Department of Agriculture are distributed to recipient agencies, the
quality of the commodities that are distributed, and the degree to which
such distribution reponds (sic) to the needs of the recipient agencies.
''(b) Sense of Congress. -- It is the sense of Congress that the
distribution of commodities and products --
''(1) should be improved as an effective means of removing
agricultural surpluses from the market and providing nutritious
high-quality foods to recipient agencies;
''(2) is inextricably linked to the agricultural support and surplus
removal programs; and
''(3) is an important mission of the Secretary of Agriculture.
''SEC. 3. COMMODITY DISTRIBUTION PROGRAM REFORMS.
''(a) Commodities Specifications. --
''(1) Development. -- In developing specifications for commodities
acquired through price support, surplus removal, and direct purchase
programs of the Department of Agriculture that are donated for use for
programs or institutions described in paragraph (2), the Secretary shall
--
''(A) consult with the advisory council established under paragraph
(3);
''(B) consider both the results of the information received from
recipient agencies under subsection (f)(2) and the results of an ongoing
field testing program under subsection (g) in determining which
commodities and products, and in which form the commodities and
products, should be provided to recipient agencies; and
''(C) give significant weight to the recommendations of the advisory
council established under paragraph (3) in ensuring that commodities and
products are --
''(i) of the quality, size, and form most usable by recipient
agencies; and
''(ii) to the maximum extent practicable, consistent with the Dietary
Guidelines for Americans published by the Secretary of Agriculture and
the Secretary of Health and Human Services.
''(2) Applicability. -- Paragraph (1) shall apply to --
''(A) the commodity distribution and commodity supplemental food
programs established under sections 4(a) and 5 of the Agriculture and
Consumer Protection Act of 1973 (Pub. L. 93-86) (7 U.S.C. 612c note);
''(B) the program established under section 4(b) of the Food Stamp
Act of 1977 (7 U.S.C. 2013(b));
''(C) the school lunch, commodity distribution, and child care food
programs established under sections 6, 14, and 17 of the National School
Lunch Act (42 U.S.C. 1755, 1762a, and 1766);
''(D) the school breakfast program established under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773);
''(E) the donation of surplus commodities to provide nutrition
services under section 311 of the Older Americans Act of 1965 (42 U.S.C.
3030a); and
''(F) to the extent practicable --
''(i) the emergency food assistance program established under the
Emergency Food Assistance Act of 1983 (Public Law 100-237 (Pub. L.
98-8, title II); 7 U.S.C. 612c note); and
''(ii) programs under which food is donated to charitable
institutions.
''(3) Advisory council. -- (A) The Secretary shall establish an
advisory council on the distribution of donated commodities to recipient
agencies. The Secretary shall appoint not less than nine and not more
than 15 members to the council, including --
''(i) representatives of recipient agencies, including food banks;
''(ii) representatives of food processors and food distributors;
''(iii) representatives of agricultural organizations;
''(iv) representatives of State distribution agency directors; and
''(v) representatives of State advisory committees.
''(B) The council shall meet not less than semiannually with
appropriate officials of the Department of Agriculture and shall provide
guidance to the Secretary on regulations and policy development with
respect to specifications for commodities.
''(C) Members of the council shall serve without compensation but
shall receive reimbursement for necessary travel and subsistence
expenses incurred by them in the performance of the duties of the
committee.
''(D) The council shall report annually to the Secretary of
Agriculture, the Committee on Education and Labor and the Committee on
Agriculture of the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
''(E) The council shall expire on September 30, 1996.
''(b) Duties of Secretary With Respect to Provision of Commodities.
-- With respect to the provision of commodities to recipient agencies,
the Secretary shall --
''(1) before the end of the 270-day period beginning on the date of
the enactment of this Act (Jan. 8, 1988) --
''(A) implement a system to provide recipient agencies with options
with respect to package sizes and forms of such commodities, based on
information received from such agencies under subsection (f)(2), taking
into account the duty of the Secretary --
''(i) to remove surplus stocks of agricultural commodities through
the Commodity Credit Corporation;
''(ii) to purchase surplus agriculture commodities through section 32
of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.) (probably
means section 32 of act Aug. 24, 1935, which is classified to section
612c of this title); and
''(iii) to make direct purchases of agricultural commodities and
other foods for distribution to recipient agencies under --
''(I) the commodity distribution and commodity supplemental
food programs established under sections 4(a) and 5 of the Agriculture
and Consumer Protection Act of 1973 (Pub. L. 93-86) (7 U.S.C. 612c
note);
''(II) the program established under section 4(b) of the Food
Stamp Act of 1977 (7 U.S.C. 2013(b));
''(III) the school lunch, commodity distribution, and child
care food programs established under sections 6, 14, and 17 of the
National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766);
''(IV) the school breakfast program established under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
''(V) the donation of surplus commodities to provide
nutrition services under section 311 of the Older Americans Act of 1965
(42 U.S.C. 3030a); and
''(B) implement procedures to monitor the manner in which State
distribution agencies carry out their responsibilities;
''(2) provide technical assistance to recipient agencies on the use
of such commodities, including handling, storage, and menu planning and
shall distribute to all recipient agencies suggested recipes for the use
of donated commodities and products (the recipe cards shall be
distributed as soon as practicable after the date of enactment of this
Act (Jan. 8, 1988) and updated on a regular basis taking into
consideration the Dietary Guidelines for Americans published by the
Secretary of Agriculture and the Secretary of Health and Human Services,
as in effect at the time of the update of the recipe files);
''(3) before the end of the 120-day period beginning on the date of
the enactment of this Act (Jan. 8, 1988), implement a system under which
the Secretary shall --
''(A) make available to State agencies summaries of the
specifications with respect to such commodities and products; and
''(B) require State agencies to make such summaries available to
recipient agencies on request;
''(4) implement a system for the dissemination to recipient agencies
and to State distribution agencies --
''(A) not less than 60 days before each distribution of commodities
by the Secretary is scheduled to begin, of information relating to the
types and quantities of such commodities that are to be distributed; or
''(B) in the case of emergency purchases and purchases of perishable
fruits and vegetables, of as much advance notification as is consistent
with the need to ensure that high-quality commodities are distributed;
''(5) before the expiration of the 90-day period beginning on the
date of the enactment of this Act (Jan. 8, 1988), establish procedures
for the replacement of commodities received by recipient agencies that
are stale, spoiled, out of condition, or not in compliance with the
specifications developed under subsection (a)(1), including a
requirement that the appropriate State distribution agency be notified
promptly of the receipt of commodities that are stale, spoiled, out of
condition, or not in compliance with the specifications developed under
subsection (a)(1);
''(6) monitor the condition of commodities designated for donation to
recipient agencies that are being stored by or for the Secretary to
ensure that high quality is maintained;
''(7) establish a value for donated commodities and products to be
used by State agencies in the allocation or charging of commodities
against entitlements; and
''(8) require that each State distribution agency shall receive
donated commodities not more than 90 days after such commodities are
ordered by such agency, unless such agency specifies a longer delivery
period.
''(c) Qualifications for Purchase of Commodities. --
''(1) Offers for equal or less poundage. -- Subject to compliance by
the Secretary with surplus removal responsibilities under other
provisions of law, the Secretary may not refuse any offer in response to
an invitation to bid with respect to a contract for the purchase of
entitlement commodities (provided in standard order sizes) solely on the
basis that such offer provides less than the total amount of poundage
for a destination specified in such invitation.
''(2) Other qualifications. -- The Secretary may not enter into a
contract for the purchase of entitlement commodities unless the
Secretary considers the previous history and current patterns of the
bidding party with respect to compliance with applicable meat inspection
laws and with other appropriate standards relating to the wholesomeness
of food for human consumption.
''(d) Duties of State Distribution Agencies. -- On or before July 1,
1992, the Secretary shall by regulation require each State distribution
agency to --
''(1) evaluate its system for warehousing and distributing donated
commodities to recipient agencies designated in subparagraphs (A) and
(B) of section 13(3) (hereafter referred to in this Act as 'child and
elderly nutrition program recipient agencies');
''(2) in the case of State distribution agencies that require payment
of fees by child and elderly nutrition program recipient agencies for
any aspect of warehousing or distribution, implement the warehousing and
distribution system that provides donated commodities to such recipient
agencies in the most efficient manner, at the lowest cost to such
recipient agencies, and at a level that is not less than a basic level
of services determined by the Secretary;
''(3) in determining the most efficient and lowest cost system, use
commercial facilities for providing warehousing and distribution
services to such recipient agencies, unless the State applies to the
Secretary for approval to use other facilities demonstrating that, when
both direct and indirect costs incurred by such recipient agencies are
considered, such other facilities are more efficient and provide
services at a lower total cost to such recipient agencies;
''(4) consider the preparation and storage capabilities of recipient
agencies when ordering donated commodities, including capabilities of
such agencies to handle commodity product forms, quality, packaging, and
quantities; and
''(5) in the case of any such agency that enters into a contract with
respect to processing of agricultural commodities and their products for
recipient agencies --
''(A) test the product of such processing with the recipient agencies
before entering into a contract for such processing; and
''(B) develop a system for monitoring product acceptability.
''(e) Regulations. --
''(1) In general. -- The Secretary shall provide by regulation for --
''(A) whenever fees are charged to local recipient agencies, the
establishment of mandatory criteria for such fees based on national
standards and industry charges (taking into account regional differences
in such charges) to be used by State distribution agencies for storage
and deliveries of commodities;
''(B) minimum performance standards to be followed by State agencies
responsible for intrastate distribution of donated commodities and
products;
''(C) procedures for allocating donated commodities among the States;
and
''(D) delivery schedules for the distribution of commodities and
products that are consistent with the needs of eligible recipient
agencies, taking into account the duty of the Secretary --
''(i) to remove surplus stocks of agricultural commodities through
the Commodity Credit Corporation;
''(ii) to purchase surplus agricultural commodities through section
32 of the Act entitled 'An Act to amend the Agricultural Adjustment Act,
and for other purposes', approved August 24, 1935 (7 U.S.C. 612c); and
''(iii) to make direct purchases of agricultural commodities and
other foods for distribution to recipient agencies under --
''(I) the commodity distribution and commodity supplemental
food programs established under sections 4(a) and 5 of the Agriculture
and Consumer Protection Act of 1973 (Pub. L. 93-86) (7 U.S.C. 612c
note);
''(II) the program established under section 4(b) of the Food
Stamp Act of 1977 (7 U.S.C. 2013(b)); and
''(III) the school lunch, commodity distribution, and child
care food programs established under sections 6, 14, and 17 of the
National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766);
''(IV) the school breakfast program established under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
''(V) the donation of surplus commodities to provide
nutrition services under section 311 of the Older Americans Act of 1965
(42 U.S.C. 3030a).
''(2) Time for promulgation of regulations. -- The Secretary shall
promulgate --
''(A) regulations as required by paragraph (1)(D) before the end of
the 90-day period beginning on the date of enactment of this Act (Jan.
8, 1988); and
''(B) regulations as required by subparagraphs (A), (B), and (C) of
paragraph (1) before the end of the 270-day period beginning on such
date.
''(f) Review of Provision of Commodities. --
''(1) In general. -- Before the expiration of the 270-day period
beginning on the date of the enactment of this Act (Jan. 8, 1988), the
Secretary shall establish procedures to provide for systematic review of
the costs and benefits of providing commodities of the kind and quantity
that are suitable to the needs of recipient agencies.
''(2) Information from recipient agencies. -- Before the expiration
of the 120-day period beginning on the date of the enactment of this Act
(Jan. 8, 1988), the Secretary shall establish procedures to ensure that
information is received from recipient agencies at least annually with
respect to the types and forms of commodities that are most useful to
persons participating in programs operated by recipient agencies.
''(g) Testing for Acceptability. -- The Secretary shall establish an
ongoing field testing program for present and anticipated commodity and
product purchases to test product acceptability with program
participants. Test results shall be taken into consideration in
deciding which commodities and products, and in what form the
commodities and products, should be provided to recipient agencies.
''(h) Buy American Provision. --
''(1) In general. -- The Secretary shall require that recipient
agencies purchase, whenever possible, only food products that are
produced in the United States.
''(2) Waiver. -- The Secretary may waive the requirement established
in paragraph (1) --
''(A) in the case of recipient agencies that have unusual or ethnic
preferences in food products; or
''(B) for such other circumstances as the Secretary considers
appropriate.
''(3) Exception. -- The requirement established in paragraph (1)
shall not apply to recipient agencies in Alaska, Hawaii, Guam, American
Samoa, Puerto Rico, the Virgin Islands, or the Commonwealth of the
Northern Mariana Islands.
''(i) Uniform Interpretation. -- The Secretary shall take such
actions as are necessary to ensure that regional offices of the
Department of Agriculture interpret uniformly across the United States
policies and regulations issued to implement this section.
''(j) (Amended section 6(e) of the National School Lunch Act (42
U.S.C. 1755(e)).)
''(k) Report. -- Not later than January 1, 1989, the Secretary shall
submit to the Committee on Education and Labor and the Committee on
Agriculture of the House of Representatives and to the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the
implementation and operation of this section.
''SEC. 3A. ADVANCE FUNDING FOR STATE OPTION CONTRACTS.
''(a) In General. -- The Secretary may use the funds of the Commodity
Credit Corporation and funds made available to carry out section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c) to pay for all or a portion
of the cost, as agreed on with the State distribution agency, of food or
the processing or packaging of food on behalf of a State distribution
agency.
''(b) Reimbursement. -- In such cases, the State distribution agency
shall reimburse the Secretary for the agreed on cost. Any funds
received by the Secretary as reimbursement shall be deposited to the
credit of the Commodity Credit Corporation or section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c), as appropriate. If the State
distribution agency fails, within 150 days of delivery, to make the
required reimbursement in full, the Secretary shall, within 30 days,
offset any outstanding amount against the appropriate account.
''SEC. 4. FOOD BANK PROJECT.
''(a) Community Food Banks. -- The Secretary shall carry out no less
than one demonstration project to provide and redistribute agricultural
commodities and food products thereof as authorized under section 32 of
the Act entitled 'An Act to amend the Agricultural Adjustment Act, and
for other purposes', approved August 24, 1935 (7 U.S.C. 612c), to needy
individuals and families through community food banks. The Secretary
may use a State agency or any other food distribution system for such
provision or redistribution of section 32 agricultural commodities and
food products through community food banks under a demonstration
project.
''(b) Recordkeeping and Monitoring. -- Each food bank participating
in the demonstration projects under this section shall establish a
recordkeeping system and internal procedures to monitor the use of
agricultural commodities and food products provided under this section.
The Secretary shall develop standards by which the feasibility and
effectiveness of the projects shall be measured, and shall conduct an
ongoing review of the effectiveness of the projects.
''(c) Determination of Quantities, Varieties, and Types of
Commodities. -- The Secretary shall determine the quantities, varieties,
and types of agricultural commodities and food products to be made
available under this section.
''(d) Effective Period. -- This section shall be effective for the
period beginning on the date of enactment of this Act (Jan. 8, 1988).
''SEC. 7. ASSESSMENT AND REPORT TO CONGRESS.
''(a) Assessment. -- The Comptroller General of the United States
shall monitor and assess the implementation by the Secretary of the
provisions of this Act (see section 1 set out above).
''(b) Report. -- Before the expiration of the 18-month period
beginning on the date of the enactment of this Act (Jan. 8, 1988), the
Comptroller General shall submit to the Committee on Education and Labor
and the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
of the findings of the assessment conducted as required by subsection
(a).
''SEC. 13. DEFINITIONS.
''For purposes of this Act:
''(1) The term 'donated commodities' means agricultural commodities
and their products that are donated by the Secretary to recipient
agencies.
''(2) The term 'entitlement commodities' means agricultural
commodities and their products that are donated and charged by the
Secretary against entitlements established under programs authorized by
statute to receive such commodities.
''(3) The term 'recipient agency' means --
''(A) a school, school food service authority, or other agency
authorized under the National School Lunch Act (42 U.S.C. 1751 et seq.)
or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to operate
breakfast programs, lunch programs, child care food programs, summer
food service programs, or similar programs and to receive donations of
agricultural commodities and their products acquired by the Secretary
through price support, surplus removal, or direct purchase;
''(B) a nutrition program for the elderly authorized under title III
of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.) to receive
donations of agricultural commodities and their products acquired by the
Secretary through price support, surplus removal, or direct purchase;
''(C) an agency or organization distributing commodities under the
commodity supplemental food program established in section 4 of the
Agriculture and Consumer Protection Act of 1973 (Pub. L. 93-86) (7
U.S.C. 612c note);
''(D) any charitable institution, summer camp, or assistance agency
for the food distribution program on Indian reservations authorized
under section 4 of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note) to receive donations of agricultural commodities
and their products acquired by the Secretary through price support,
surplus removal, or direct purchase; or
''(E) an agency or organization distributing commodities under a
program established in section 202 of the Emergency Food Assistance Act
of 1983 (Pub. L. 98-8) (7 U.S.C. 612c note).
''(4) The term 'State distribution agency' means a State agency
responsible for the intrastate distribution of donated commodities.
''(5) The term 'Secretary' means Secretary of Agriculture, unless the
context specifies otherwise.
''SEC. 14. GENERAL EFFECTIVE DATE.
''Except as otherwise provided in this Act, this Act and the
amendments made by this Act (see section 1 set out above) shall take
effect on the date of the enactment of this Act (Jan. 8, 1988).''
Pub. L. 100-232, 3, Jan. 5, 1988, 101 Stat. 1566, provided that:
''(a) The Secretary of Agriculture shall carry out no less than one
demonstration project to provide and redistribute agricultural
commodities and food products thereof as authorized under section 32 of
the Act entitled 'An Act to amend the Agricultural Adjustment Act, and
for other purposes', approved August 24, 1935, as amended (7 U.S.C.
612c), to needy individuals and families through community food banks.
The Secretary may use a State agency or any other food distribution
system for such provision or redistribution of section 32 agricultural
commodities and food products through community food banks under a
demonstration project.
''(b) Each food bank participating in the demonstration projects
under this section shall establish a recordkeeping system and internal
procedures to monitor the use of agricultural commodities and food
products provided under this section. The Secretary shall develop
standards by which the feasibility and effectiveness of the project
shall be measured, and shall conduct an ongoing review of the
effectiveness of the projects.
''(c) The Secretary shall determine the quantities, varieties, and
types of agricultural commodities and food products to be made available
under this section.
''(d) This section shall be effective for the period beginning on the
date of enactment of this Act (Jan. 5, 1988) and ending on December 31,
1990.
''(e) The Secretary shall submit annual progress reports to Congress
beginning on July 1, 1988, and a final report on July 1, 1990, regarding
each demonstration project carried out under this section. Such reports
shall include analyses and evaluations of the provision and
redistribution of agricultural commodities and food products under the
demonstration projects. In addition, the Secretary shall include in the
final report any recommendations regarding improvements in the provision
and redistribution of agricultural commodities and food products to
community food banks and the feasibility of expanding such method of
provisions and redistribution of agricultural commodities and food
products to other community food banks.''
Section 1562(d) of Pub. L. 99-198 provided that: ''Notwithstanding
any other provision of law, in implementing the commodity supplemental
food program under section 4 of the Agriculture and Consumer Protection
Act of 1973 (Pub. L. 93-86, set out as a note below), the Secretary of
Agriculture shall allow agencies distributing agricultural commodities
to low-income elderly people under such programs on the date of
enactment of this Act (Dec. 23, 1985) to continue such distribution at
levels no lower than existing caseloads.''
Section 1571 of Pub. L. 99-198 provided that: ''Not later than
April 1, 1987, the Secretary of Agriculture shall report to Congress on
the activities of the program conducted under the Temporary Emergency
Food Assistance Act of 1983 (title II of Pub. L. 98-8, set out as a note
below). Such report shall include information on --
''(1) the volume and types of commodities distributed under the
program;
''(2) the types of State and local agencies receiving commodities for
distribution under the program;
''(3) the populations served under the program and their
characteristics;
''(4) the Federal, State, and local costs of commodity distribution
operations under the program (including transportation, storage,
refrigeration, handling, distribution, and administrative costs); and
''(5) the amount of Federal funds provided to cover State and local
costs under the program.''
Pub. L. 98-8, title II, Mar. 24, 1983, 97 Stat. 35, as amended Pub.
L. 98-92, 2, Sept. 2, 1983, 97 Stat. 608; Pub. L. 99-198, title XV,
1562(e)(1), 1563-1566, 1567(c), 1568-1570, Dec. 23, 1985, 99 Stat.
1590-1594; Pub. L. 100-77, title VIII, 811-814, July 22, 1987, 101
Stat. 536-538; Pub. L. 100-435, title I, 101-105, Sept. 19, 1988,
102 Stat. 1647-1650; Pub. L. 101-624, title XVII, 1772(a)-(h)(1),
Nov. 28, 1990, 104 Stat. 3808, 3809; Pub. L. 102-237, title IX,
922(b), Dec. 13, 1991, 105 Stat. 1888, provided that:
''Sec. 201. This title may be cited as the 'Emergency Food Assistance
Act of 1983', and is hereinafter in this title referred to as 'this
Act'.
''Sec. 201A. As used in this Act, the term 'eligible recipient
agencies', means public or nonprofit organizations that administer --
''(1) activities and projects providing nutrition assistance to
relieve situations of emergency and distress through the provision of
food to needy persons, including low-income and unemployed persons
(including the activities and projects of charitable institutions, food
banks, hunger centers, soup kitchens, and similar public or private
nonprofit eligible recipient agencies) hereinafter in this title
referred to as 'emergency feeding organizations';
''(2) school lunch programs, summer camps for children, and other
child nutrition programs providing food service;
''(3) nutrition projects operating under the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.), including congregate nutrition sites and
providers of home-delivered meals;
''(4) activities and projects that are supported under section 4 of
the Agriculture and Consumer Protection Act of 1973 (Pub. L. 93-86, set
out as a note below);
''(5) activities of charitable institutions, including hospitals and
retirement homes, to the extent that needy persons are served; or
''(6) disaster relief programs;
and that have been designated by the appropriate State agency, or by
the Secretary, and approved by the Secretary for participation in the
program established under this Act.
''Sec. 202. (a) Notwithstanding any other provision of law, in order
to complement the domestic nutrition programs, make maximum use of the
Nation's agricultural abundance, and expand and improve the domestic
distribution of price-supported commodities, commodities acquired by the
Commodity Credit Corporation that the Secretary of Agriculture
(hereinafter referred to as the 'Secretary') determines, in his
discretion, are in excess of quantities needed to --
''(1) carry out other domestic donation programs,
''(2) meet other domestic obligations (including quantities needed to
carry out a payment-in-kind acreage diversion program),
''(3) meet international market development and food aid commitments,
and
''(4) carry out the farm price and income stabilization purposes of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.), the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), and the Commodity
Credit Corporation Charter Act (15 U.S.C. 714 et seq.),
shall be made available by the Secretary, without charge or credit
for such commodities, for use by eligible recipient agencies for food
assistance.
''((b) Repealed. Pub. L. 99-198, title XV, 1565(a)(2), Dec. 23,
1985, 99 Stat. 1591)
''(c) In addition to any commodities described in subsection (a), in
carrying out this Act, the Secretary may use agricultural commodities
and the products thereof made available under clause (2) of the second
sentence of section 32 of the Act entitled 'An Act to amend the
Agricultural Adjustment Act, and for other purposes', approved August
24, 1935 (7 U.S.C. 612c).
''(d) Commodities made available under this Act shall include a
variety of commodities and products thereof that are most useful to
eligible recipient agencies, including, but not be (sic) limited to,
dairy products, wheat or the products thereof, rice, honey, and
cornmeal.
''(e) Effective April 1, 1986, the Secretary shall submit
semiannually to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report on the types and amounts of commodities
made available for distribution under this Act.
''(f) Notwithstanding any other provision of law, the programs
authorized by sections 153 and 1163 of the Food Security Act of 1985
(Pub. L. 99-198) (15 U.S.C. 713a-14 and 7 U.S.C. 1731 note) shall not be
operated in a manner that will, in any way, reduce the quantities of
dairy products that traditionally are made available to carry out this
Act or any other domestic feeding program.
''(g)(1) Whenever commodities acquired by the Commodity Credit
Corporation are made available for donation to domestic food programs in
quantities that exceed Federal obligations, the Secretary shall give
equal consideration to making donations of such commodities to emergency
feeding organizations participating in the program authorized by this
Act as is given to other commodity recipient agencies, taking into
account the types and amounts of commodities available and appropriate
for distribution to these organizations.
''(2) In determining the commodities that will be made available to
emergency feeding organizations under this Act, the Secretary may
distribute commodities that become available on a seasonal or irregular
basis.
''Sec. 202A. Notwithstanding any other provision of law --
''(a)(1) To the extent provided in advance in an appropriation Act,
in fiscal year 1988, flour, cornmeal, and cheese acquired by the
Commodity Credit Corporation that are in excess of quantities needed to
--
''(A) carry out other domestic donation programs,
''(B) meet other domestic obligations (including quantities needed to
carry out a payment-in-kind acreage diversion program),
''(C) meet international market development and food aid commitments,
and
''(D) carry out the farm price and income stabilization purposes of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.), the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), and Commodity Credit
Corporation Charter Act (15 U.S.C. 714 et seq.),
shall be made available as provided in paragraph (2).
''(2) The Secretary shall make such excess flour, cornmeal, and
cheese available in any State, in addition to the normal allotment of
such commodities (adjusted by any reallocation) for fiscal year 1988
under this Act, at the request of the chief executive officer of such
State who certifies to the Secretary that --
''(A)(i) individuals in such State who are eligible to receive flour,
cornmeal, and cheese under this Act are not receiving such commodities
distributed under other provisions of this Act, or
''(ii) the number of unemployed individuals in such State has
increased during the most recent 90-day period for which unemployment
statistics are available prior to the date the certification is made,
and
''(B) the distribution of flour, cornmeal, and cheese under this
section in such State will not substantially displace the commercial
sale of such commodities in such State.
''(b) Flour, cornmeal, and cheese made available under this section
by the Secretary shall be made available without charge or credit in
fiscal year 1988, in a usable form, for use by eligible recipient
agencies in a State.
''(c) The amount of cheese made available under this section in
fiscal year 1988 shall not exceed 14,000,000 pounds.
''(d) Whenever the Secretary receives a request submitted under
subsection (a)(2), the Secretary shall immediately notify the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate that such request was
received.
''(Sec. 203. Repealed. Pub. L. 99-198, title XV, 1567(c), Dec. 23,
1985, 99 Stat. 1592)
''Sec. 203A. The Secretary may use funds of the Commodity Credit
Corporation to pay costs of initial processing and packaging of
commodities to be distributed under the program established under this
Act into forms, and in quantities, suitable, as determined by the
Secretary, for use in individual households when such commodities are to
be consumed by individual households or for institutional use, as
applicable. The Secretary may pay such costs in the form of
Corporation-owned commodities equal in value to such costs. The
Secretary shall ensure that any such payments in kind will not displace
commercial sales of such commodities.
''Sec. 203B. (a) The Secretary shall, as expeditiously as possible,
provide the commodities made available under this Act in such quantities
as can be used without waste to State agencies designated by the
Governor or other appropriate State official for distribution to
eligible recipient agencies, except that the Secretary may provide such
commodities directly to eligible recipient agencies and to private
companies that process such commodities for eligible recipient agencies
under sections 203 and 203A of this Act. Notwithstanding any other
provision of this Act, in the distribution of commodities under this
Act, each State agency shall have the option to give priority to
existing food bank networks and other organizations whose ongoing
primary function is to facilitate the distribution of food to low-income
households, including food from sources other than the Department of
Agriculture.
''(b) State agencies receiving commodities under this Act shall, as
expeditiously as possible, distribute such commodities, in the
quantities requested (to the extent practicable), to eligible recipient
agencies within their respective States. However, if a State agency
cannot meet all requests for a particular commodity under this Act, the
State agency shall give priority in the distribution of such commodity
to eligible recipient agencies providing nutrition assistance to relieve
situations of emergency and distress through the provision of food to
needy persons, including low-income and unemployed persons. Each State
agency shall encourage distribution of such commodities in rural areas.
''(c) Each State agency receiving commodities for individual
household use under this Act shall distribute such commodities to
eligible recipient agencies in the State that serve needy persons, and
shall, with the approval of the Secretary, determine those persons in
the State that shall qualify as needy persons eligible for such
commodities.
''(d) Each State agency receiving commodities under this title may --
''(1) enter into cooperative agreements with State agencies of other
States for joint provision of such commodities to an emergency feeding
organization that serves needy persons in a single geographical area
part of which is situated in each of such States; or
''(2) transfer such commodities to any such emergency feeding
organization in the other State under such agreement.
''Sec. 203C. (a) The Secretary shall take such precautions as the
Secretary deems necessary to assure that any eligible recipient agency
receiving commodities under this act will provide such commodities to
persons served by the eligible recipient agency and will not diminish
its normal expenditures for food by reason of the receipt of such
commodities. The Secretary shall also take such precautions as the
Secretary deems necessary to assure that commodities made available
under this Act will not displace commercial sales of such commodities or
the products thereof. The Secretary shall not make commodities
available for donation in any quantity or manner that the Secretary, in
the Secretary's discretion, determines may, substitute for the same or
any other agricultural produce that would otherwise be purchased in the
market. The Secretary shall submit to Congress each year a report as to
whether and to what extent such displacements or substitutions are
occurring.
''(b) Commodities provided under this Act shall be distributed only
in quantities that can be consumed without waste. No eligible recipient
agency may receive commodities under this Act in excess of anticipated
use, based on inventory records and controls, or in excess of its
ability to accept and store such commodities.
''Sec. 203D. (a) Authorization. -- The Secretary shall establish
procedures under which State and local agencies, charitable
institutions, or any other persons may supplement the commodities
distributed under the program authorized by this Act for use by
emergency feeding organizations with nutritious and wholesome
commodities that such entities or persons donate to State agencies and
emergency feeding organizations for distribution, in all or part of the
State, in addition to the commodities otherwise made available under
this Act.
''(b) Use of Funds and Facilities. -- States and emergency feeding
organizations may use the funds appropriated under this Act and
equipment, structures, vehicles, and all other facilities involved in
the storage, handling, or distribution of commodities made available
under this Act, and the personnel, both paid or volunteer, involved in
such storage, handling, or distribution, to store, handle or distribute
commodities donated for the use of emergency feeding organizations under
subsection (a).
''(c) Volunteer Workers. -- State and emergency feeding organizations
shall continue, to the maximum extent practicable, to use volunteer
workers and commodities and other foodstuffs donated by charitable and
other organizations in the operation of the program authorized by this
section.
''(a)(1) There are authorized to be appropriated $50,000,000 for each
of the fiscal years 1991 through 1995 for the Secretary to make
available to the States for State and local payments for costs
associated with the distribution of commodities by emergency feeding
organizations under this title. Funds appropriated under this paragraph
for any fiscal year shall be allocated to the States on an advance
basis, dividing such funds among the States in the same proportions as
the commodities distributed under this title for such fiscal year are
divided among the States. If a State agency is unable to use all of the
funds so allocated to it, the Secretary shall reallocate such unused
funds among the other States. States may also use funds provided under
this paragraph to pay for the costs associated with the distribution of
commodities under the program authorized under section 110 of the Hunger
Prevention Act of 1988 (section 110 of Pub. L. 100-435, set out above),
and to pay for the costs associated with the distribution of additional
commodities provided pursuant to section 214.
''(2) Each State shall make available to emergency feeding
organizations in the State not less than 40 per centum of the funds
provided as authorized in paragraph (1) that it has been allocated for a
fiscal year, as necessary to pay for, or provide advance payments to
cover, the direct expenses of the emergency feeding organizations for
distributing commodities to needy persons, but only to the extent such
expenses are actually so incurred by such organizations. As used in
this paragraph, the term 'direct expenses' includes costs of
transporting, storing, handling, repackaging, processing, and
distributing commodities incurred after they are received by the
organization; costs associated with determinations of eligibility,
verification, and documentation; costs of providing information to
persons receiving commodities under this Act concerning the appropriate
storage and preparation of such commodities; costs involved in
publishing announcements of times and locations of distribution; and
costs of recordkeeping, auditing, and other administrative procedures
required for participation in the program under this title. If a State
makes a payment, using State funds, to cover direct expenses of
emergency feeding organizations, the amount of such payment shall be
counted toward the amount a State must make available for direct
expenses of emergency feeding organizations under this paragraph.
''(3) States to which funds are allocated for a fiscal year under
this subsection shall submit financial reports to the Secretary, on a
regular basis, as to the use of such funds. No such funds may be used
by States or emergency feeding organizations for costs other than those
involved in covering the expenses related to the distribution of
commodities by emergency feeding organizations.
''(4)(A) Except as provided in subparagraph (B), effective January 1,
1987, to be eligible to receive funds under this subsection, a State
shall provide in cash or in kind (according to procedures approved by
the Secretary for certifying these in-kind contributions) from
non-Federal sources a contribution equal to the difference between --
''(i) the amount of such funds so received; and
''(ii) any part of the amount allocated to the State and paid by the
State --
''(I) to emergency feeding organizations; or
''(II) for the direct expenses of such organizations;
for use in carrying out this title.
''(B)(i) Except as provided in clause (ii), subparagraph (A) shall
apply to States beginning on January 1, 1987.
''(ii) If the legislature of a State does not convene in regular
session before January 1, 1987, paragraph (1) shall apply to such State
beginning on October 1, 1987.
''(C) Funds allocated to a State under this section may, upon State
request, be allocated before States satisfy the matching requirement
specified in subparagraph (A), based on the estimated contribution
required. The Secretary shall periodically reconcile estimated and
actual contributions and adjust allocations to the State to correct for
overpayments and underpayments.
''(5) States may not charge for commodities made available to
emergency feeding organizations, and may not pass on to such
organizations the cost of any matching requirements, under this Act.
''(b) The value of the commodities made available under this Act and
the funds of the Corporation used to pay the costs of initial
processing, packaging (including forms suitable for home use), and
delivering commodities to the States shall not be charged against
appropriations made or authorized under this section.
''Sec. 205. (a) Section 4(b) of the Food Stamp Act of 1977 (7 U.S.C.
2013(b)) shall not apply with respect to the distribution of commodities
under this Act.
''(b) Except as otherwise provided in section 203A of this Act, none
of the commodities distributed under this Act shall be sold or otherwise
disposed of in commercial channels in any form.
''Sec. 206. Notwithstanding any other provision of law, commodities
distributed under this Act shall not be considered income or resources
for any purposes under any Federal, State, or local law.
''Sec. 207. Section 4(c) of the Agriculture and Consumer Protection
Act of 1973 (Pub. L. 93-86, set out as a note below) is amended by --
''(1) striking out 'or section 709' and inserting in lieu thereof
'section 709'; and
''(2) inserting after '(7 U.S.C. 1446a-1)' the phrase 'or the
Emergency Food Assistance Act of 1983'.
''Sec. 208. Whenever a commodity is made available without charge or
credit under any nutrition program administered by the Secretary for
distribution within the States to eligible recipient agencies, the State
may not charge recipient agencies any amount that is in excess of the
State's direct costs of storing and transporting the commodities to
recipient agencies minus any amount the Secretary provides the State for
the costs of storing and transporting such commodities.
''(Sec. 209. Repealed. Pub. L. 99-198, title XV, 1562(e)(1), Dec.
23, 1985, 99 Stat. 1590)
''Sec. 210. (a) The Secretary shall issue regulations within 30 days
to implement this Act.
''(b) In administering this Act, the Secretary shall minimize, to the
maximum extent practicable, the regulatory, recordkeeping, and paperwork
requirements imposed on eligible recipient agencies.
''(c)(1) The Secretary shall as early as feasible but not later than
the beginning of each fiscal year, publish in the Federal Register an
estimate of the types and quantities of commodities that the Secretary
anticipates are likely to be made available under the commodity
distribution program under this Act during the fiscal year.
''(2) The actual types and quantities of commodities made available
by the Secretary under this Act may differ from the estimates made under
paragraph (1).
''(d) The regulations issued by the Secretary under this section
shall include provisions that set standards with respect to liability
for commodity losses under the program under this title in situations in
which there is no evidence of negligence or fraud, and conditions for
payment to cover such losses. Such provisions shall take into
consideration the special needs and circumstances of emergency feeding
organizations(.)
''(e) The Secretary is authorized to issue final regulations without
first issuing proposed regulations (except as otherwise provided for in
section 214(j)) for public comment in order to carry out the provisions
of sections 213 and 214. If final regulations are issued without such
prior public comment the Secretary shall permit public comment on such
regulations, consider pertinent comments, and make modifications of such
regulations as appropriate not later than 1 year after the date of
enactment of this subsection (Sept. 19, 1988). Such final and modified
regulations shall be accompanied by a statement of the basis and purpose
for such regulations.
''Sec. 211. Determinations made by the Secretary of Agriculture under
this Act and the facts constituting the basis for any donation of
commodities under this Act, or the amount thereof, when officially
determined in conformity with the applicable regulations prescribed by
the Secretary, shall be final and conclusive and shall not be reviewable
by any other officer or agency of the Government.
''Sec. 212. Except for section 207, this Act shall terminate on
September 30, 1995.
''Sec. 213. (a) In General. -- The Secretary shall administer the
program authorized under this Act in a manner that incorporates into the
program additional commodities purchased by the Secretary under section
214 to be distributed to States for use in such States by emergency
feeding organizations, as defined in section 201A(1). Such additional
commodities, to the extent practicable and appropriate, shall include
commodities purchased within a given State for distribution within such
State.
''(b) Supplement Commodities Available. -- The Secretary shall
supplement the commodities made available to emergency feeding
organizations under sections 202 and 203D(a) with nutritious and useful
commodities purchased by the Secretary under section 214.
''Sec. 214. (a) Purpose. -- It is the purpose of this section to
establish a formula so that the amount, measured by their value, of
additional commodities that are to be allocated to each State can be
precisely calculated for fiscal years 1991 through 1995. The share of
commodities, as measured by their value, to be allocated to each State
shall be based 60 percent on the number of persons in households within
the State having incomes below the poverty level and 40 percent on the
number of unemployed persons within the State.
''(b) Definitions. -- As used in this section --
''(1) Additional commodities. -- The term 'additional commodities'
means commodities purchased under this section in addition to the
commodities otherwise made available under sections 202 and 203D(a).
''(2) Average monthly number of unemployed persons. -- The term
'average monthly number of unemployed persons' refers to the average
monthly number of unemployed persons within each State in the most
recent fiscal year for which such information is available as determined
by the Bureau of Labor Statistics of the Department of Labor.
''(3) Poverty line. -- The term 'poverty line' has the same meaning
given such term in section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)).
''(4) Total value of additional commodities. -- The term 'total value
of additional commodities' means the actual cost (including the
distribution and processing costs incurred by the Secretary), as paid by
the Secretary, for all additional commodities purchased under subsection
(e).
''(5) Value of additional commodities allocated to each state. -- The
term 'value of additional commodities allocated to each State' means the
actual cost for additional commodities (including the distribution and
processing costs incurred by the Secretary) as paid by the Secretary
under this section and allocated to such State.
''(c) Purchase of Commodities. -- The Secretary shall purchase a
variety of nutritious and useful commodities of the types that the
Secretary has the authority to acquire through the Commodity Credit
Corporation or under section 32 of the Act entitled 'An Act to amend the
Agricultural Adjustment Act, and for other purposes', approved August
24, 1935 (7 U.S.C. 612c note) (7 U.S.C. 612c), to supplement the
commodities otherwise provided under the program authorized by this Act.
''(d) Types and Varieties. -- The Secretary shall, to the extent
practicable and appropriate, purchase types and varieties of commodities
--
''(1) with high nutrient density per calorie;
''(2) that are easily and safely stored;
''(3) that are convenient to use and consume;
''(4) that are desired by recipient agencies; and
''(5) that meet the requirement imposed by section 203C(a).
''(e) Amounts. -- To carry out this section there are authorized to
be appropriated $175,000,000 for fiscal year 1991, $190,000,000 for
fiscal year 1992, and $220,000,000 for each of the fiscal years 1993
through 1995 to purchase, process, and distribute additional commodities
under this section. Any amounts provided for fiscal years 1991 through
1995 shall be available only to the extent and in such amounts as are
provided in advance in appropriations Acts.
''(f) Mandatory Allotments. -- In each fiscal year, the Secretary
shall allot --
''(1) 60 percent of the total value of additional commodities
provided to States in a manner such that the value of additional
commodities allocated to each State bears the same ratio to 60 percent
of the total value of additional commodities as the number of persons in
households within the State having incomes below the poverty line bears
to the total number of persons in households within all States having
incomes below such poverty line, and each State shall be entitled to
receive such value of additional commodities; and
''(2) 40 percent of the total value of additional commodities
provided to States in a manner such that the value of additional
commodities allocated to each State bears the same ratio to 40 percent
of the total value of additional commodities as the average monthly
number of unemployed persons within the State bears to the average
monthly number of unemployed persons within all States during the same
fiscal year, and each State shall be entitled to receive such value of
additional commodities.
''(g) Reallocation. -- The Secretary shall notify each State of the
amount of the additional commodities that such State is allotted to
receive under subsection (f) or subsection (j) if applicable, and each
State shall promptly notify the Secretary if such State determines that
it will not accept any or all of the commodities made available under
such allocation. On such a notification by a State, the Secretary shall
reallocate and distribute the amount the State was allocated to receive
under the formula prescribed in subsection (f) but declined to accept.
The Secretary shall further establish procedures to permit States to
decline to receive portions of such allocation during each fiscal year
as the State determines is appropriate and the Secretary shall
reallocate and distribute such allocation. In the event of any drought,
flood, hurricane, or other natural disaster affecting substantial
numbers of persons in a State, county or parish, the Secretary may
request that States unaffected by such a disaster consider assisting
affected States by allowing the Secretary to reallocate commodities to
which each such unaffected State is entitled to States containing areas
adversely affected by the disaster.
''(h) Administration. -- Subject to subsections (e) and (f), or
subsection (j) if applicable, purchases under this section shall be made
by the Secretary at such times and under such conditions as the
Secretary determines appropriate within each fiscal year. All such
commodities purchased for each such fiscal year shall be delivered at
reasonable intervals to States based on the allotments calculated under
subsection (f), or reallocated under subsection (g), or calculated under
subsection (j) if applicable, before the end of such fiscal year. Each
State shall be entitled to receive that value of additional commodities
that results from the application of the formula set forth in this
section to the total value of additional commodities.
''(i) Maintenance of Effort. -- If a State uses its own funds to
provide commodities or services to organizations receiving funds or
services under this section, such State shall not diminish the level of
support it provides to such organizations or reduce the amount of funds
available for other nutrition programs in the State in each fiscal year.
''(j) New Formula. -- Notwithstanding the provisions of this section
that set forth the specific formula for allocating additional
commodities to each State, the Secretary is authorized to promulgate a
different precise formula, after prior notice and comment as required by
section 553 of title 5, United States Code, only to the extent that --
''(1) any such formula is effective at the outset of, and throughout
any given fiscal year;
''(2) any such formula can be used to precisely calculate the amount
of commodities to be made available to each State by the Secretary for
each fiscal year; and
''(3) such formula provides that each State is entitled to receive
that value of additional commodities which results from the application
of such formula to the total value of additional commodities.''
''Sec. 215. (a) In General. -- The Secretary or a designee of the
Secretary shall have the authority to --
''(1) determine the amount of, settle, and adjust any claim arising
under this Act; and
''(2) waive such a claim if the Secretary determines that to do so
will serve the purposes of this Act.
''(b) Litigation. -- Nothing contained in this section shall be
construed to diminish the authority of the Attorney General of the
United States under section 516 of title 28, United States Code, to
conduct litigation on behalf of the United States.''
(Amendment by Pub. L. 102-237 effective and implemented no later than
Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237, set out as an
Effective Date of 1991 Amendment note under section 1421 of this title.)
(Amendment by section 1772(a), (b), (d), and (h)(1) of Pub. L.
101-624 (amending title heading and sections 201, 202, 204, and 214 of
Pub. L. 98-8) effective Nov. 28, 1990, amendment by section 1772(c),
(f), and (g) of Pub. L. 101-624 (amending sections 204, 212, and 214 of
Pub. L. 98-8) effective Oct. 1, 1990, and amendment by section 1772(e)
of Pub. L. 101-624 (amending section 210 of Pub. L. 98-8) effective and
implemented the first day of the month beginning 120 days after
publication of implementing regulations which shall be promulgated not
later than Oct. 1, 1991, see section 1781(a), (b)(1) and (2) of Pub. L.
101-624, set out as an Effective Date of 1990 Amendment note under
section 2012 of this title.)
(Amendment by sections 101 and 103 of Pub. L. 100-435 (amending
sections 204(c)(1), (2), 210(c), and 212 of Pub. L. 98-8) effective and
implemented on Sept. 19, 1988, and amendment by sections 102, 104, and
105 of Pub. L. 100-435 (enacting sections 203D, 213, and 214, and
amending sections 203B(a), 204(c)(1), and 210 of Pub. L. 98-8) effective
and implemented on Oct. 1, 1988, see section 701(a), (b)(1) of Pub. L.
100-435, set out as an Effective Date of 1988 Amendment note under
section 2012 of this title.)
Pub. L. 97-253, title I, 135, Sept. 8, 1982, 96 Stat. 772,
authorized Secretary of Agriculture, for each of fiscal years 1983,
1984, and 1985, to use up to $190,000,000 of Commodity Credit
Corporation funds to carry out export activities through Commodity
Credit Corporation under provisions of law in effect on Sept. 8, 1982,
including activities authorized under amendments made by section 405(d)
of Pub. L. 98-623 to sections 1707a and 1732 of this title and section
714c(f) of Title 15, Commerce and Trade, even if those export activities
were not included in budget program of Corporation.
(Amendments made by section 405(d) of Pub. L. 98-623, amending
sections 1707a and 1732 of this title and section 714c(f) of Title 15,
Commerce and Trade, to be considered as having taken effect before Sept.
8, 1982, for purposes of section 135 of Pub. L. 97-253, set out above,
see section 405(d) of Pub. L. 98-623, set out as an Effective Date of
1984 Amendment note under section 714c of Title 15, Commerce and Trade.)
Pub. L. 102-341, title VII, 715, Aug. 14, 1992, 106 Stat. 908,
provided that: ''Notwithstanding any other provision of this Act,
commodities acquired by the Department in connection with Commodity
Credit Corporation and section 32 (this section) price support
operations may be used, as authorized by law (15 U.S.C. 714c and 7
U.S.C. 612c), to provide commodities to individuals in cases of hardship
as determined by the Secretary of Agriculture.''
Similar provisions were contained in the following prior
appropriations acts:
Pub. L. 102-142, title VII, 718, Oct. 28, 1991, 105 Stat. 913.
Pub. L. 101-506, title VI, 619, Nov. 5, 1990, 104 Stat. 1347.
Pub. L. 101-161, title VI, 619, Nov. 21, 1989, 103 Stat. 983.
Pub. L. 100-460, title VI, 619, Oct. 1, 1988, 102 Stat. 2261.
Pub. L. 100-202, 101(k) (title VI, 619), Dec. 22, 1987, 101 Stat.
1329-322, 1329-355.
Pub. L. 99-500, 101(a) (title VI, 619), Oct. 18, 1986, 100 Stat.
1783, 1783-29, and Pub. L. 99-591, 101(a) (title VI, 619), Oct. 30,
1986, 100 Stat. 3341, 3341-29.
Pub. L. 99-190, 101(a) (H.R. 3037, title VI, 619), Dec. 19, 1985,
99 Stat. 1185.
Pub. L. 98-473, title I, 101(a) (H.R. 5743, title VI, 619), Oct.
12, 1984, 98 Stat. 1837.
Pub. L. 98-151, 101(d) (H.R. 3223, title VI, 619), Nov. 14, 1983,
97 Stat. 972.
Pub. L. 97-370, title VI, 620, Dec. 18, 1982, 96 Stat. 1811.
Pub. L. 97-103, title VI, 620, Dec. 23, 1981, 95 Stat. 1490.
Commodities; Furnishing Commodities to Summer Camps
Pub. L. 93-86, 4, Aug. 10, 1973, 87 Stat. 249, as amended by Pub.
L. 93-347, 1, July 12, 1974, 88 Stat. 340; Pub. L. 94-273, 2(1),
Apr. 21, 1976, 90 Stat. 375; Pub. L. 95-113, title XIII,
1302(a)(1), 1304(a), Sept. 29, 1977, 91 Stat. 979, 980, Pub. L.
97-98, title XIII, 1334, Dec. 22, 1981, 95 Stat. 1292; Pub. L.
98-8, title II, 207, Mar. 24, 1983, 97 Stat. 36; Pub. L. 98-92, 3,
Sept. 2, 1983, 97 Stat. 612; Pub. L. 99-198, title XV, 1562(a), Dec.
23, 1985, 99 Stat. 1590; Pub. L. 101-624, title XVII, 1771(a),
(b)(1), (c)(1), 1772(h)(2), Nov. 28, 1990, 104 Stat. 3806, 3807, 3809,
provided that:
''(a) Notwithstanding any other provision of law, the Secretary may,
during fiscal years 1991 through 1995, purchase and distribute
sufficient agricultural commodities with funds appropriated from the
general fund of the Treasury to maintain the traditional level of
assistance for food assistance programs as are authorized by law,
including but not limited to distribution to institutions (including
hospitals and facilities caring for needy infants and children),
supplemental feeding programs serving women, infants, and children or
elderly persons, or both, wherever located, disaster areas, summer camps
for children, the United States Trust Territory of the Pacific Islands,
and Indians, whenever a tribal organization requests distribution of
federally donated foods pursuant to section 4(b) of the Food Stamp Act
of 1977 (section 2013(b) of this title). In providing for commodity
distribution to Indians, the Secretary shall improve the variety and
quantity of commodities supplied to Indians in order to provide them an
opportunity to obtain a more nutritious diet.
''(b) The Secretary may furnish commodities to summer camps for
children in which the number of adults participating in camp activities
as compared with the number of children 18 years of age and under so
participating is not unreasonable in light of the nature of such camp
and the characteristics of the children in attendance.''
''(c) Whoever embezzles, willfully misapplies, steals or obtains by
fraud any agricultural commodity or its products (or any funds, assets,
or property deriving from donation of such commodities) provided under
this section, or under section 416 of the Agricultural Act of 1949 (7
U.S.C. 1431), section 32 of the Act of August 24, 1935 (7 U.S.C. 612c),
section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-1),
or the Emergency Food Assistance Act of 1983 (set out as a note above),
whether received directly or indirectly from the United States
Department of Agriculture, or whoever receives, conceals, or retains
such commodities, products, funds, assets, or property for personal use
or gain, knowing such commodities, products, funds, assets, or property
have been embezzled, willfully misapplied, stolen, or obtained by fraud
shall, if such commodities, products, funds, assets, or property are of
a value of $100 or more, be fined not more than $10,000 or imprisoned
not more than five years, or both, or if such commodities, products,
funds, assets, or property are of value of less than $100, shall be
fined not more than $1,000 or imprisoned for not more than one year, or
both.''
(Amendment by section 1771(a) of Pub. L. 101-624 effective Oct. 1,
1990, and amendments by sections 1771(b)(1), (c)(1), and 1772(h)(2) of
Pub. L. 101-624 effective Nov. 28, 1990, see section 1781(b)(1), (2) of
Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note
under section 2012 of this title.)
(Section 1334 of Pub. L. 97-98 provided in part that the amendment of
section 4 of Pub. L. 93-86 by Pub. L. 97-98 is effective Oct. 1, 1981.)
(Section 1302(b) and section 1304(a) in part, both of Pub. L.
95-113, provided that the amendment of subsecs. (a) and (b) of section 4
of Pub. L. 93-86 and the repeal of subsec. (c) of section 4 of Pub. L.
93-86 are effective Oct. 1, 1977.)
(Pub. L. 93-233, 8(b)(1), Dec. 31, 1973, 87 Stat. 956, as amended by
Pub. L. 93-335, 1(b), July 8, 1974, 88 Stat. 291; Pub. L. 94-44,
3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94-365, 2(2), July 14,
1976, 90 Stat. 990; Pub. L. 95-59, 3(2), June 30, 1977, 91 Stat. 255,
eff. July 1, 1977, provided that: ''Section 4(c) of Public Law 93-86
shall not be effective for the period ending September 30, 1978.'') (For
repeal of section 4(c) of Pub. L. 93-86, see section 1304(a) of Pub. L.
95-113.).
Section 5 of Pub. L. 93-86, as added Pub. L. 95-113, title XIII,
1304(b)(2), Sept. 29, 1977, 91 Stat. 980, and amended by Pub. L.
97-98, title XIII, 1335, Dec. 22, 1981, 95 Stat. 1293; Pub. L.
98-8, title II, 209, Mar. 24, 1983, 97 Stat. 36, as amended Pub. L.
98-92, 2(8), Sept. 2, 1983, 97 Stat. 611; Pub. L. 99-198, title XV,
1562(b), (c), (e)(2), Dec. 23, 1985, 99 Stat. 1590; Pub. L. 100-435,
title I, 130, redesignated 5(d)(2) of Pub. L. 93-86 by Pub. L.
101-624, title XVII, 1774(c)(2)(A), (B), Nov. 28, 1990, 104 Stat.
3813; Pub. L. 101-624, title XVII, 1771(c)(2)-(f), 1774(c)(2)(C),
Nov. 28, 1990, 104 Stat. 3807, 3808, 3813; Pub. L. 102-237, title I,
118(a), title IX, 922(c), Dec. 13, 1991, 105 Stat. 1841, 1889,
provided that:
''(a) In carrying out the supplemental feeding program (hereinafter
referred to as the 'commodity supplemental food program') under section
4 of this Act (set out as a note above), the Secretary (1) may institute
two pilot projects directed at low-income elderly persons, including,
where feasible, distribution of commodities to such persons in their
homes; and (2) shall provide to the State agencies administering the
commodity supplemental food program, for each of the fiscal years 1991
through 1995, funds appropriated from the general fund of the Treasury
in amounts equal to the administrative costs of State and local agencies
in operating the program, except that the funds provided to State
agencies each fiscal year may not exceed 20 percent of the amount
appropriated for the commodity supplemental food program.
''(b) During the first three months of any commodity supplemental
food program, or until such program reaches its projected caseload
level, whichever comes first, the Secretary shall pay those
administrative costs necessary to commence the program successfully:
Provided, That in no event shall administrative costs paid by the
Secretary for any fiscal year exceed the limitation established in
subsection (a) of this section.
''(c) Administrative costs for the purposes of the commodity
supplemental food program shall include, but not be limited to, expenses
for information and referral, operation, monitoring, nutrition
education, start-up costs, and general administration, including staff,
warehouse and transportation personnel, insurance, and administration of
the State or local office.
''(d)(1) During each fiscal year the commodity supplemental food
program is in operation, the types and varieties of commodities and
their proportional amounts shall be determined by the Secretary, but, if
the Secretary proposes to make any significant changes in the types,
varieties, or proportional amounts from those that were available or
were planned at the beginning of the fiscal year (or as were available
during the fiscal year ending June 30, 1976, whichever is greater) the
Secretary shall report such changes before implementation to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
''(2) Notwithstanding any other provision of law, the Commodity
Credit Corporation shall, to the extent that the Commodity Credit
Corporation inventory levels permit, provide not less than 9,000,000
pounds of cheese and not less than 4,000,000 pounds of nonfat dry milk
in each of the fiscal years 1991 through 1995 to the Secretary of
Agriculture. The Secretary shall use such amounts of cheese and nonfat
dry milk to carry out the commodity supplemental food program before the
end of each fiscal year.
''(e) The Secretary of Agriculture is authorized to issue such
regulations as may be necessary to carry out the commodity supplemental
food program.
''(f) The Secretary shall, in any fiscal year, approve applications
of additional sites for the program, including sites that serve only
elderly persons, in areas in which the program currently does not
operate to the full extent that this can be done within the
appropriations available for the program for the fiscal year and without
reducing actual participation levels (including participation of elderly
persons under subsection (g)) in areas in which the program is in
effect.
''(g) If a local agency that administers the commodity supplemental
food program determines that the amount of funds made available to the
agency to carry out this section exceeds the amount of funds necessary
to provide assistance under such program to women, infants, and
children, the agency, with the approval of the Secretary, may permit
low-income elderly persons (as defined by the Secretary) to participate
in and be served by such program.
''(h) Each State agency administering a commodity supplemental food
program serving women, infants, and children shall --
''(1) ensure that written information concerning food stamps, the
program for aid to families with dependent children under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.), and the
child support enforcement program under part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.) is provided on at least one
occasion to each adult who applies for or participates in the commodity
supplemental food program;
''(2) provide each local agency with materials showing the maximum
income limits, according to family size, applicable to pregnant women,
infants, and children up to age 6 under the medical assistance program
established under title XIX of the Social Security Act (42 U.S.C. 1396
et seq.) (hereinafter referred to in this section as the 'medicaid
program') which materials may be identical to those provided under
section 17(e)(3) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(e)(3)); and
''(3) ensure that local agencies provide to pregnant, breast feeding
and post partum women, and adults applying on behalf of infants or
children, who apply to the commodity supplemental food program, or who
reapply to such program, written information about the medicaid program
and referral to the program or to agencies authorized to determine
presumptive eligibility for the medicaid program, if the individuals are
not participating in the medicaid program.
''(i) Each State agency administering a commodity supplemental food
program serving elderly persons shall ensure that written information is
provided on at least one occasion to each elderly participant in or
applicant for the commodity supplemental food program for the elderly
concerning --
''(1) food stamps provided under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.);
''(2) the supplemental security income benefits provided under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.); and
''(3) medical assistance provided under title XIX of such Act (42
U.S.C. 1396 et seq.) (including medical assistance provided to a
qualified medicare beneficiary (as defined in section 1905(p) of such
Act (42 U.S.C. 1396d(5)))).
''(j)(1) If the Secretary must pay a significantly higher than
expected price for one or more types of commodities purchased under the
commodity supplemental food program, the Secretary shall promptly
determine whether the price is likely to cause the number of persons
that can be served in the program in a fiscal year to decline.
''(2) If the Secretary determines that such a decline would occur,
the Secretary shall promptly notify the State agencies charged with
operating the program of the decline and shall ensure that a State
agency notify all local agencies operating the program in the State of
the decline.
''(k)(1) The Secretary or a designee of the Secretary shall have the
authority to --
''(A) determine the amount of, settle, and adjust any claim arising
under the commodity supplemental food program; and
''(B) waive such a claim if the Secretary determines that to do so
will serve the purposes of the program.
''(2) Nothing contained in this subsection shall be construed to
diminish the authority of the Attorney General of the United States
under section 516 of title 28, United States Code, to conduct litigation
on behalf of the United States.''
(Amendment by section 922(c) of Pub. L. 102-237 effective and
implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub.
L. 102-237, set out as an Effective Date of 1991 Amendment note under
section 1421 of this title.)
(Amendment by sections 1771(c)(2) and 1774(c) of Pub. L. 101-624
effective Nov. 28, 1990; amendment by section 1771(d) of Pub. L.
101-624 effective Oct. 1, 1990, and amendments by section 1771(e) and
(f) of Pub. L. 101-624 effective and implemented the first day of the
month beginning 120 days after the publication of implementing
regulations which shall be promulgated not later than Oct. 1, 1991, see
section 1781(a), (b)(1), (2) of Pub. L. 101-624, set out as an Effective
Date of 1990 Amendment note under section 2012 of this title.)
(Section 1335 of Pub. L. 97-98 provided in part that the amendment to
section 5 of Pub. L. 93-86 by Pub. L. 97-98 is effective Oct. 1, 1981.)
(Section 1304(b) of Pub. L. 95-113 provided in part that section 5 of
Pub. L. 93-86 is effective Oct. 1, 1977.)
Section 6 of Pub. L. 92-32, June 30, 1971, 85 Stat. 86, authorized
the Secretary of Agriculture to use during the fiscal year ending June
30, 1972, not to exceed $20,000,000 in funds from section 612c of this
title, in addition to funds appropriated or otherwise available, to
carry out in any area of the United States direct distribution or other
programs, without regard to whether such area is under the food stamp
program or a system of direct distribution, in order to provide in the
vicinity of their residence an adequate diet to needy children and low
income persons suffering, through no fault of their own, from general
and continued hunger; provided that food made available to needy
children was to be in addition to food made available under the National
School Lunch Act or the Child Nutrition Act of 1966; and authorized
payment of administrative costs incurred by state or local agencies in
carrying out programs for needy children.
Use of funds appropriated under this section for implementing section
1753 of Title 42 till supplemental appropriation is made and
reimbursement of such funds, see section 4(a) of Pub. L. 92-433, set
out as a note under section 1753 of Title 42, The Public Health and
Welfare.
Authorization for transfer of funds under this section to assist
schools in need of additional funds in school breakfast program, see
note set out under section 1773 of Title 42, The Public Health and
Welfare.
Apportionment to States; Special Assistance;
Consultation With Child Nutrition Council;
Reimbursement From Supplemental Appropriation
Additional funds for food service programs for children from
appropriations under this section, apportionment to States, special
assistance programs, consultation with National Advisory Council on
Child Nutrition, and reimbursement from supplemental appropriation, see
note set out under section 1753 of Title 42, The Public Health and
Welfare.
Act Aug. 9, 1955, ch. 671, 69 Stat. 608, authorized the Secretary
of Agriculture upon specific request of the Governor of any State,
during the period commencing Aug. 9, 1955 and ending June 30, 1957, to
make available, pursuant to clause (2) of this section for distribution
by State agencies, other than institutions and schools, directly to
families and persons determined by appropriate State or local public
welfare agencies to be in need, wheat flour and corn meal in such
quantities as the Secretary of Agriculture determines can be effectively
distributed and utilized within such period without regard to the
requirement contained in this section, that such funds be devoted
principally to perishable nonbasic agricultural commodities and their
products.
Pub. L. 93-233, 8(b)(3), Dec. 31, 1973, 87 Stat. 956, as amended
by Pub. L. 93-335, 1(b), July 8, 1974, 88 Stat. 291; Pub. L. 94-44,
3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94-365, 2(2), July 14,
1976, 90 Stat. 990; Pub. L. 95-59, 3(2), June 30, 1977, 91 Stat.
255, provided that: ''For the period ending September 30, 1978, no
individual, who receives supplemental security income benefits under
title XVI of the Social Security Act (section 1381 et seq. of Title 42,
The Public Health and Welfare), State supplementary payments described
in section 1616 of such Act (section 1382e of Title 42), or payments of
the type referred to in section 212(a) of Public Law 93-66 (set out as a
note under section 1382 of Title 42), shall be considered to be a member
of a household for any purpose of the food distribution program for
families under section 32 of Public Law 74-320 (this section), section
416 of the Agricultural Act of 1949 (section 1431 of this title), or any
other law, for any month during such period, if, for such month, such
individual resides in a State which provides State supplementary
payments (A) of the type described in section 1616(a) of the Social
Security Act (section 1382e(a) of Title 42), and (B) the level of which
has been found by the Secretary of Health, Education, and Welfare to
have been specifically increased so as to include the bonus value of
food stamps.''
(Amendment by Pub. L. 93-335 effective July 1, 1974, see section 1(c)
of Pub. L. 93-335, set out as an Effective Date of 1974 Amendment note
under section 1382 of Title 42. Section 3 of Pub. L. 95-59 provided in
part that the amendment of section 8 of Pub. L. 93-233 by section 3(2)
of Pub. L. 95-59 is effective July 1, 1977.)
Acts June 25, 1940, ch. 421, 1, 54 Stat. 563; July 1, 1941, ch.
267, 1, 55 Stat. 438, provided: ''That said 25 per centum provision
and the like provision in said section 32 (this section), as amended,
shall not apply to amounts devoted to a stamp plan for the removal of
surplus agricultural commodities from funds made available hereby and by
said section 32 (this section), and, notwithstanding expenditures under
such stamp plan, the 25 per centum provision shall continue to be
calculated on the aggregate amount available hereunder and under said
section 32 (this section).''
Extension of relief programs to areas under United States
jurisdiction, see section 1431b of this title.
Use of funds made available under this section for distribution of
surplus fishery products, and for promotion of free flow of domestically
produced fishery products, see sections 713c-2 and 713c-3 of Title 15,
Commerce and Trade.
Authorization of schools to use surplus foods received under this
section to train students in home economics, see note set out under
section 1431 of this title.
Secretary of Agriculture not precluded from carrying on programs
under this section by International Wheat Agreement Act of 1949, see
section 1641 of this title.
Supplemental appropriations to encourage exportation and domestic
consumption of agricultural products, see section 1855 of this title.
Transfer of funds to Federal Surplus Commodities Corporation to
effectuate clause (2) of this section, see section 713c of Title 15,
Commerce and Trade.
Utilization of services and facilities of Commodity Credit
Corporation in carrying out program under this section, see section 1424
of this title.
sections 713c, 713c-2, 713c-3; title 22 section 1922;
title 31 section 1511; title 40
section 474; title
42 sections 1755, 1758, 1761, 1762a, 1777, 1786,
3030a, 3045f, 5180.
/1/ See References in Text note below.