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7 USC CHAPTER 38 - DISTRIBUTION AND MARKETING OF
AGRICULTURAL PRODUCTS 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
-HEAD-
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
-MISC1-
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
1621. Congressional declaration of purpose; use of existing
facilities; cooperation with States.
1622. Duties of Secretary relating to agricultural products.
1622a. Authority to assist farmers and elevator operators.
1622b. Specialty crops market news allocation.
1622c. Grant program to improve movement of specialty crops.
1623. Authorization of appropriations; allotments to States.
1623a. Omitted.
1624. Cooperation with Government and State agencies,
private research organizations, etc.; rules and
regulations.
1625. Transfer and consolidation of functions, powers,
bureaus, etc.
1626. Definitions.
1627. Appointment of personnel; compensation; employment of
specialists.
1628. Repealed.
1629. Establishment of committees to assist in research and
service programs.
1630. Omitted.
1631. Protection for purchasers of farm products.
1632. Repealed.
1632a. Value-added agricultural product market development
grants.
1632b. Agriculture Innovation Center Demonstration Program.
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
PART A - PURPOSE; DEFINITIONS
1635. Purpose.
1635a. Definitions.
PART B - CATTLE REPORTING
1635d. Definitions.
1635e. Mandatory reporting for live cattle.
1635f. Mandatory packer reporting of boxed beef sales.
PART C - SWINE REPORTING
1635i. Definitions.
1635j. Mandatory reporting for swine.
PART D - LAMB REPORTING
1635m. Mandatory reporting for lambs.
PART E - ADMINISTRATION
1636. General provisions.
1636a. Unlawful acts.
1636b. Enforcement.
1636c. Fees.
1636d. Recordkeeping.
1636e. Voluntary reporting.
1636f. Publication of information on retail purchase prices
for representative meat products.
1636g. Suspension authority regarding specific terms of price
reporting requirements.
1636h. Federal preemption.
SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING
1637. Purpose.
1637a. Definitions.
1637b. Mandatory reporting for dairy products.
SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING
1638. Definitions.
1638a. Notice of country of origin.
1638b. Enforcement.
1638c. Regulations.
1638d. Applicability.
-End-
-CITE-
7 USC SUBCHAPTER I - GENERAL PROVISIONS 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
-End-
-CITE-
7 USC Sec. 1621 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1621. Congressional declaration of purpose; use of existing
facilities; cooperation with States
-STATUTE-
The Congress declares that a sound, efficient, and privately
operated system for distributing and marketing agricultural
products is essential to a prosperous agriculture and is
indispensable to the maintenance of full employment and to the
welfare, prosperity, and health of the Nation. It is further
declared to be the policy of Congress to promote through research,
study, experimentation, and through cooperation among Federal and
State agencies, farm organizations, and private industry a
scientific approach to the problems of marketing, transportation,
and distribution of agricultural products similar to the scientific
methods which have been utilized so successfully during the past
eighty-four years in connection with the production of agricultural
products so that such products capable of being produced in
abundance may be marketed in an orderly manner and efficiently
distributed. In order to attain these objectives, it is the intent
of Congress to provide for (1) continuous research to improve the
marketing, handling, storage, processing, transportation, and
distribution of agricultural products; (2) cooperation among
Federal and State agencies, producers, industry organizations, and
others in the development and effectuation of research and
marketing programs to improve the distribution processes; (3) an
integrated administration of all laws enacted by Congress to aid
the distribution of agricultural products through research, market
aids and services, and regulatory activities, to the end that
marketing methods and facilities may be improved, that distribution
costs may be reduced and the price spread between the producer and
consumer may be narrowed, that dietary and nutritional standards
may be improved, that new and wider markets for American
agricultural products may be developed, both in the United States
and in other countries, with a view to making it possible for the
full production of American farms to be disposed of usefully,
economically, profitably, and in an orderly manner. In effectuating
the purposes of this chapter, 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. To the maximum extent
practicable marketing research work done under this chapter in
cooperation with the States shall be done in cooperation with the
State agricultural experiment stations; marketing educational and
demonstrational work done under this chapter in cooperation with
the States shall be done in cooperation with the State agricultural
extension service; market information, inspection, regulatory work
and other marketing service done under this chapter in cooperation
with the State agencies shall be done in cooperation with the State
departments of agriculture, and State bureaus and departments of
markets.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 202, 60 Stat. 1087.)
-REFTEXT-
REFERENCES IN TEXT
Under this chapter, referred to in text, was in the original
"hereunder", and was translated as meaning under title II of act
Aug. 14, 1946, which is classified generally to this chapter.
-MISC1-
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-532, Sec. 1, Nov. 22, 2000, 114 Stat. 2541, provided
that: "This Act [enacting subchapter III of this chapter] may be
cited as the 'Dairy Market Enhancement Act of 2000'."
SHORT TITLE
Section 201 of title II of act Aug. 14, 1946, provided that:
"This title [enacting this chapter] may be cited as the
'Agricultural Marketing Act of 1946'."
-TRANS-
TRANSFER OF FUNCTIONS
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, Sec. 1, eff. June 4,
1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section
2201 of this title.
-MISC2-
SPECIALTY CROPS COMPETITIVENESS
Pub. L. 108-465, Secs. 2, 3, title I, Sec. 101, Dec. 21, 2004,
118 Stat. 3882, 3883, as amended by Pub. L. 110-234, title X, Sec.
10109, May 22, 2008, 122 Stat. 1338; Pub. L. 110-246, Sec. 4(a),
title X, Sec. 10109, June 18, 2008, 122 Stat. 1664, 2100, provided
that:
"SEC. 2. FINDINGS AND PURPOSE.
"(a) Findings. - Congress finds the following:
"(1) A secure domestic food supply is a national security
imperative for the United States.
"(2) A competitive specialty crop industry in the United States
is necessary for the production of an abundant, affordable supply
of highly nutritious fruits, vegetables, and other specialty
crops, which are vital to the health and well-being of all
Americans.
"(3) Increased consumption of specialty crops will provide
tremendous health and economic benefits to both consumers and
specialty crop growers.
"(4) Specialty crop growers believe that there are numerous
areas of Federal agriculture policy that could be improved to
promote increased consumption of specialty crops and increase the
competitiveness of producers in the efficient production of
affordable specialty crops in the United States.
"(5) As the globalization of markets continues, it is becoming
increasingly difficult for United States producers to compete
against heavily subsidized foreign producers in both the domestic
and foreign markets.
"(6) United States specialty crop producers also continue to
face serious tariff and non-tariff trade barriers in many export
markets.
"(b) Purpose. - It is the purpose of this Act [see Short Title of
2004 Amendment note set out under section 3101 of this title] to
make necessary changes in Federal agriculture policy to accomplish
the goals of increasing fruit, vegetable, and nut consumption and
improving the competitiveness of United States specialty crop
producers.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1) The term 'specialty crop' means fruits and vegetables,
tree nuts, dried fruits, and horticulture and nursery crops
(including floriculture).
"(2) The term 'State' means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
"(3) The term 'State department of agriculture' means the
agency, commission, or department of a State government
responsible for agriculture within the State.
"TITLE I - STATE ASSISTANCE FOR SPECIALTY CROPS
"SEC. 101. SPECIALTY CROP BLOCK GRANTS.
"(a) Availability and Purpose of Grants. - Using the funds made
available under subsection (j), the Secretary of Agriculture shall
make grants to States for each of the fiscal years 2005 through
2012 to be used by State departments of agriculture solely to
enhance the competitiveness of specialty crops.
"(b) Grants Based on Value of Production. - Subject to subsection
(c), the amount of the grant for a fiscal year to a State under
this section shall bear the same ratio to the total amount made
available under subsection (j) for that fiscal year as the value of
specialty crop production in the State during the preceding
calendar year bears to the value of specialty crop production
during the preceding calendar year in all States whose application
for a grant for that fiscal year is accepted by the Secretary under
subsection (f).
"(c) Minimum Grant Amount. - Notwithstanding subsection (b), each
State shall receive a grant under this section for each fiscal year
in an amount that is at least equal to the higher of -
"(1) $100,000; or
"(2) 1/3 of 1 percent of the total amount of funding made
available to carry out this section for the fiscal year.
"(d) Eligibility. - To be eligible to receive a grant under this
section, a State department of agriculture shall prepare and
submit, for approval by the Secretary of Agriculture, an
application at such time, in such a manner, and containing such
information as the Secretary shall require by regulation, including
-
"(1) a State plan that meets the requirements of subsection
(e);
"(2) an assurance that the State will comply with the
requirements of the plan; and
"(3) an assurance that grant funds received under this section
shall supplement the expenditure of State funds in support of
specialty crops grown in that State, rather than replace State
funds.
"(e) Plan Requirements. - The State plan shall identify the lead
agency charged with the responsibility of carrying out the plan and
indicate how the grant funds will be utilized to enhance the
competitiveness of specialty crops.
"(f) Review of Application. - In reviewing the application of a
State submitted under subsection (d), the Secretary of Agriculture
shall ensure that the State plan would carry out the purpose of
grant program, as specified in subsection (a). The Secretary may
accept or reject applications for a grant under this section.
"(g) Effect of Noncompliance. - If the Secretary of Agriculture,
after reasonable notice to a State, finds that there has been a
failure by the State to comply substantially with any provision or
requirement of the State plan, the Secretary may disqualify, for
one or more years, the State from receipt of future grants under
this section.
"(h) Audit Requirements. - For each year that a State receives a
grant under this section, the State shall conduct an audit of the
expenditures of grant funds by the State. Not later than 30 days
after the completion of the audit, the State shall submit a copy of
the audit to the Secretary of Agriculture.
"(i) Reallocation. -
"(1) In general. - The Secretary shall reallocate to other
States in accordance with paragraph (2) any amounts made
available for a fiscal year under this section that are not
obligated or expended by a date during that fiscal year
determined by the Secretary.
"(2) Pro rata allocation. - The Secretary shall allocate funds
described in paragraph (1) pro rata to the remaining States that
applied during the specified grant application period.
"(3) Use of reallocated funds. - Funds allocated to a State
under this subsection shall be used by the State only to carry
out projects that were previously approved in the State plan of
the State.
"(j) Funding. - Of the funds of the Commodity Credit Corporation,
the Secretary of Agriculture shall make grants under this section,
using -
"(1) $10,000,000 for fiscal year 2008;
"(2) $49,000,000 for fiscal year 2009; and
"(3) $55,000,000 for each of fiscal years 2010 through 2012."
NATIONAL COMMISSION ON FOOD MARKETING
Pub. L. 88-354, July 3, 1964, 78 Stat. 269, as amended by Pub. L.
89-20, May 15, 1965, 79 Stat. 111, provided for the establishment
of a bipartisan National Commission on Food Marketing composed of
fifteen members, five from the Senate, five from the House of
Representatives and five from outside the Federal Government, to
study and appraise the marketing structure of the food industry and
to make a final report of its findings and conclusions to the
President and to the Congress by July 1, 1966. The Commission
ceased to exist ninety days after submission of its final report.
-End-
-CITE-
7 USC Sec. 1622 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1622. Duties of Secretary relating to agricultural products
-STATUTE-
The Secretary of Agriculture is directed and authorized:
(a) Determination of methods of processing, packaging, marketing,
etc.; publication of results
To conduct, assist, and foster research, investigation, and
experimentation to determine the best methods of processing,
preparation for market, packaging, handling, transporting, storing,
distributing, and marketing agricultural products: Provided, That
the results of such research shall be made available to the public
for the purpose of expanding the use of American agricultural
products in such manner as the Secretary of Agriculture may
determine.
(b) Determination of costs
To determine costs of marketing agricultural products in their
various forms and through the various channels and to foster and
assist in the development and establishment of more efficient
marketing methods (including analyses of methods and proposed
methods), practices, and facilities, for the purpose of bringing
about more efficient and orderly marketing, and reducing the price
spread between the producer and the consumer.
(c) Improvement of standards of quality, condition, etc.; standard
of quality for ice cream
To develop and improve standards of quality, condition, quantity,
grade, and packaging, and recommend and demonstrate such standards
in order to encourage uniformity and consistency in commercial
practices. Within thirty days after September 29, 1977, the
Secretary shall by regulation adopt a standard of quality for ice
cream which shall provide that ice cream shall contain at least 1.6
pounds of total solids to the gallon, weigh not less than 4.5
pounds to the gallon and contain not less than 20 percent total
milk solids, constituted of not less than 10 percent milkfat. In no
case shall the content of milk solids not fat be less than 6
percent. Whey shall not, by weight, be more than 25 percent of the
milk solids not fat. Only those products which meet the standard
issued by the Secretary may bear a symbol thereon indicating that
they meet the Department of Agriculture standard for "ice cream".
(d) Elimination of artificial barriers to free movement
To conduct, assist, foster, and direct studies and informational
programs designed to eliminate artificial barriers to the free
movement of agricultural products.
(e) Development of new markets
(1) In general
To foster and assist in the development of new or expanded
markets (domestic and foreign) and new and expanded uses and in
the moving of larger quantities of agricultural products through
the private marketing system to consumers in the United States
and abroad.
(2) Fees and penalties
(A) In general
In carrying out paragraph (1), the Secretary may assess and
collect reasonable fees and late payment penalties to mediate
and arbitrate disputes arising between parties in connection
with transactions involving agricultural products moving in
foreign commerce under the jurisdiction of a multinational
entity.
(B) Deposit
Fees and penalties collected under subparagraph (A) shall be
deposited into the account that incurred the cost of providing
the mediation or arbitration service.
(C) Availability
Fees and penalties collected under subparagraph (A) shall be
available to the Secretary without further Act of appropriation
and shall remain available until expended to pay the expenses
of the Secretary for providing mediation and arbitration
services under this paragraph.
(D) No requirement for use of services
No person shall be required by the Secretary to use the
mediation and arbitration services provided under this
paragraph.
(f) Increasing consumer education
To conduct and cooperate in consumer education for the more
effective utilization and greater consumption of agricultural
products: Provided, That no money appropriated under the authority
of this Act shall be used to pay for newspaper or periodical
advertising space or radio time in carrying out the purposes of
this section and subsection (e) of this section.
(g) Collection and dissemination of marketing information
To collect and disseminate marketing information, including
adequate outlook information on a market-area basis, for the
purpose of anticipating and meeting consumer requirements, aiding
in the maintenance of farm income, and bringing about a balance
between production and utilization of agricultural products.
(h) Inspection and certification of products in interstate
commerce; credit and future availability of funds; investment;
certificates as evidence; penalties
(1) To inspect, certify, and identify the class, quality,
quantity, and condition of agricultural products when shipped or
received in interstate commerce, under such rules and regulations
as the Secretary of Agriculture may prescribe, including assessment
and collection of such fees as will be reasonable and as nearly as
may be to cover the cost of the service rendered, to the end that
agricultural products may be marketed to the best advantage, that
trading may be facilitated, and that consumers may be able to
obtain the quality product which they desire, except that no person
shall be required to use the service authorized by this subsection.
(2)(A) Any fees collected under this subsection, late payment
penalties, the proceeds from the sales of samples, and interest
earned from the investment of such funds shall be credited to the
trust fund account that incurs the cost of the services provided
under this subsection and shall remain available without fiscal
year limitation to pay the expenses of the Secretary incident to
providing such services.
(B) 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.
(3) Any official certificate issued under the authority of this
subsection shall be received by all officers and all courts of the
United States as prima facie evidence of the truth of the
statements therein contained.
(4) Whoever knowingly shall falsely make, issue, alter, forge, or
counterfeit any official certificate, memorandum, mark, or other
identification, or device for making such mark or identification,
with respect to inspection, class, grade, quality, size, quantity,
or condition, issued or authorized under this section or knowingly
cause or procure, or aid, assist in, or be a party to, such false
making, issuing, altering, forging, or counterfeiting, or whoever
knowingly shall possess, without promptly notifying the Secretary
of Agriculture or his representative, utter, publish, or use as
true, or cause to be uttered, published, or used as true, any such
falsely made, altered, forged, or counterfeited official
certificate, memorandum, mark, identification, or device, or
whoever knowingly represents that an agricultural product has been
officially inspected or graded (by an authorized inspector or
grader) under the authority of this section when such commodity has
in fact not been so graded or inspected shall be fined not more
than $1,000 or imprisoned not more than one year, or both.
(5) Shell eggs packed under the voluntary grading program of the
Department of Agriculture shall not have been shipped for sale
previous to being packed under the program, as determined under a
regulation promulgated by the Secretary.
(6) Identification of honey. -
(A) In general. - The use of a label or advertising material
on, or in conjunction with, packaged honey that bears any
official certificate of quality, grade mark or statement,
continuous inspection mark or statement, sampling mark or
statement, or any combination of the certificates, marks, or
statements of the Department of Agriculture is hereby prohibited
under this Act unless there appears legibly and permanently in
close proximity (such as on the same side(s) or surface(s)) to
the certificate, mark, or statement, and in at least a comparable
size, the 1 or more names of the 1 or more countries of origin of
the lot or container of honey, preceded by the words "Product of"
or other words of similar meaning.
(B) Violation. - A violation of the requirements of
subparagraph (A) may be deemed by the Secretary to be sufficient
cause for debarment from the benefits of this Act only with
respect to honey.
(i) Development of facilities for assembling, processing,
transporting, etc.
To determine the needs and develop or assist in the development
of plans for efficient facilities and methods of operating such
facilities for the proper assembly, processing, transportation,
storage, distribution, and handling of agricultural products.
(j) Improvement of transportation facilities and rates
To assist in improving transportation services and facilities and
in obtaining equitable and reasonable transportation rates and
services and adequate transportation facilities for agricultural
products and farm supplies by making complaint or petition to the
Interstate Commerce Commission, the Maritime Commission,,(!1) or
other Federal or State transportation regulatory body, or the
Secretary of Transportation, with respect to rates, charges,
tariffs, practices, and services, or by working directly with
individual carriers or groups of carriers.
(k) Collection and dissemination of marketing statistics
To collect, tabulate, and disseminate statistics on marketing
agricultural products, including, but not restricted to statistics
on market supplies, storage stocks, quantity, quality, and
condition of such products in various positions in the marketing
channel, utilization of such products, and shipments and unloads
thereof.
(l) Development of procurement standards and specifications
To develop and promulgate, for the use and at the request of any
Federal agency or State, procurement standards and specifications
for agricultural products, and submit such standards and
specifications to such agency or State for use or adoption for
procurement purposes.
(m) Promotion of research for handling, storing, preserving, etc.
To conduct, assist, encourage, and promote research,
investigation, and experimentation to determine the most efficient
and practical means, methods, and processes for the handling,
storing, preserving, protecting, processing, and distributing of
agricultural commodities to the end that such commodities may be
marketed in an orderly manner and to the best interest of the
producers thereof.
(n) Grading program
To establish within the Department of Agriculture a voluntary fee
based grading program for -
(1) catfish (as defined by the Secretary under paragraph (2) of
section 601(w) of title 21); and
(2) any additional species of farm-raised fish or farm-raised
shellfish -
(A) for which the Secretary receives a petition requesting
such voluntary fee based grading; and
(B) that the Secretary considers appropriate.
(o) General research, services, and activities
To conduct such other research and services and to perform such
other activities as will facilitate the marketing, distribution,
processing, and utilization of agricultural products through
commercial channels.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 203, 60 Stat. 1087; Aug. 9,
1955, ch. 632, Sec. 1, 69 Stat. 553; Pub. L. 95-113, title II, Sec.
206, Sept. 29, 1977, 91 Stat. 920; Pub. L. 97-31, Sec. 12(2), Aug.
6, 1981, 95 Stat. 153; Pub. L. 98-403, Sec. 2, Aug. 28, 1984, 98
Stat. 1480; Pub. L. 98-443, Sec. 9(j), Oct. 4, 1984, 98 Stat. 1708;
Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 755(a)], Oct.
21, 1998, 112 Stat. 2681, 2681-34; Pub. L. 106-472, title III, Sec.
303, Nov. 9, 2000, 114 Stat. 2069; Pub. L. 110-234, title X, Sec.
10402(a), title XI, Sec. 11016(a), May 22, 2008, 122 Stat. 1349,
1368; Pub. L. 110-246, Sec. 4(a), title X, Sec. 10402(a), title XI,
Sec. 11016(a), June 18, 2008, 122 Stat. 1664, 2110, 2130.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (f) and (h)(6), is act Aug. 14,
1946, ch. 966, 60 Stat. 1082, which enacted this chapter and
sections 427h to 427j of this title and amended section 427 of this
title. For complete classification of this Act to the Code, see
Tables.
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
-MISC1-
AMENDMENTS
2008 - Subsec. (h). Pub. L. 110-246, Sec. 10402(a), designated
the first to sixth sentences of existing provisions as pars. (1),
(2)(A), (2)(B), and (3) to (5), respectively, and added par. (6).
Subsecs. (n), (o). Pub. L. 110-246, Sec. 11016(a), added subsec.
(n) and redesignated former subsec. (n) as (o).
2000 - Subsec. (e). Pub. L. 106-472 inserted subsec. heading,
designated existing provisions as par. (1), inserted par. heading,
and added par. (2).
1998 - Subsec. (h). Pub. L. 105-277 inserted at end "Shell eggs
packed under the voluntary grading program of the Department of
Agriculture shall not have been shipped for sale previous to being
packed under the program, as determined under a regulation
promulgated by the Secretary."
1984 - Subsec. (h). Pub. L. 98-403 inserted provisions relating
to the credit of certain funds to the trust fund account which
incurs the cost of services provided under this subsection, the
future availability of those funds, and investment thereof by the
Secretary of Agriculture or the Secretary of the Treasury.
Subsec. (j). Pub. L. 98-443 struck out "the Civil Aeronautics
Board" after "the Maritime Commission,".
1981 - Subsec. (j). Pub. L. 97-31 inserted reference to Secretary
of Transportation.
1977 - Subsec. (c). Pub. L. 95-113 inserted provisions relating
to the setting of a standard of quality for ice cream.
1955 - Subsec. (h). Act Aug. 9, 1955, inserted sentence to
provide penalties for forgery or alteration of inspection
certificates, unauthorized use of official grade marks or
designations, and false or deceptive reference to United States
grade standards or services.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, except as otherwise provided, see section 4 of Pub. L. 110-
246, set out as an Effective Date note under section 8701 of this
title.
Pub. L. 110-234, title X, Sec. 10402(b), May 22, 2008, 122 Stat.
1349, and Pub. L. 110-246, Sec. 4(a), title X, Sec. 10402(b), June
18, 2008, 122 Stat. 1664, 2111, provided that: "The amendments made
by subsection (a) [amending this section] take effect on the date
that is 1 year after the date of enactment of this Act [June 18,
2008]."
[Pub. L. 110-234 and Pub. L. 110-246 enacted identical
provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L.
110-246, set out as a note under section 8701 of this title.]
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section
9(v) of Pub. L. 98-443, set out as a note under section 5314 of
Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1977 AMENDMENT
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.
-TRANS-
TRANSFER OF FUNCTIONS
Interstate Commerce Commission abolished and functions of
Commission transferred, except as otherwise provided in Pub. L. 104-
88, to Surface Transportation Board effective Jan. 1, 1996, by
section 702 of Title 49, Transportation, and section 101 of Pub. L.
104-88, set out as a note under section 701 of Title 49. References
to Interstate Commerce Commission deemed to refer to Surface
Transportation Board, a member or employee of the Board, or
Secretary of Transportation, as appropriate, see section 205 of
Pub. L. 104-88, set out as a note under section 701 of Title 49.
Section 304 of 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, 26
F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5,
Government Organization and Employees, abolished Federal Maritime
Board, including offices of members of Board. Functions of Board
transferred either to Federal Maritime Commission or to Secretary
of Commerce by sections 103 and 202 of 1961 Reorg. Plan No. 7.
United States Maritime Commission abolished by 1950 Reorg. Plan
No. 21, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in
the Appendix of Title 5, Government Organization and Employees,
which transferred part of its functions and part of functions of
its Chairman to Federal Maritime Board and Chairman thereof, such
Board having created by that Plan as an agency within Department of
Commerce with an independent status in some respects, and
transferred remainder of such Commission's functions and functions
of its Chairman to Secretary of Commerce, with power vested in
Secretary to authorize their performance by Maritime Administrator,
head of Maritime Administration, which likewise was established by
Plan in Department of Commerce with provision that chairman of said
Federal Maritime Board should, ex officio, be such Administrator.
Executive and administrative functions of Maritime Commission
transferred to Chairman of Maritime Commission by 1949 Reorg. Plan
No. 6, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1069, set out in
the Appendix to Title 5.
-MISC2-
AGRICULTURAL PROCESSING EQUIPMENT; INSPECTION AND CERTIFICATION;
FEE
Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 729], Oct. 28, 2000,
114 Stat. 1549, 1549A-33, provided that: "Hereafter, none of the
funds appropriated by this Act or any other Act may be used to:
"(1) carry out the proviso under 7 U.S.C. 1622(f); or
"(2) carry out 7 U.S.C. 1622(h) unless the Secretary of
Agriculture inspects and certifies agricultural processing
equipment, and imposes a fee for the inspection and
certification, in a manner that is similar to the inspection and
certification of agricultural products under that section, as
determined by the Secretary: Provided, That this provision shall
not affect the authority of the Secretary to carry out the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg
Products Inspection Act (21 U.S.C. 1031 et seq.)."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 106-78, title VII, Sec. 734, Oct. 22, 1999, 113 Stat.
1165.
Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 747], Oct.
21, 1998, 112 Stat. 2681, 2681-32, as amended by Pub. L. 106-31,
title V, Sec. 5001(c), May 21, 1999, 113 Stat. 109.
COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES RECEIVED FOR
BULK CHEESE
Pub. L. 105-18, title II, Sec. 1001, June 12, 1997, 111 Stat.
172, provided that not later than 30 days after June 12, 1997,
Secretary of Agriculture was to collect and disseminate, on weekly
basis, statistically reliable information, obtained from cheese
manufacturing areas in United States, on prices received and terms
of trade involving bulk cheese, including information on national
average price for bulk cheese sold through spot and forward
contract transactions, and further provided for confidentiality of
information provided to, or acquired by, Secretary, report to
Congress not later than 150 days after June 12, 1997, on rate of
reporting compliance by cheese manufacturers with respect to
information collected, and for termination of authority to collect
information on Apr. 5, 1999.
LAMB PRICE AND SUPPLY REPORTING SERVICES REPORT AND SYSTEM
Pub. L. 102-237, title I, Sec. 124, Dec. 13, 1991, 105 Stat.
1844, provided that:
"(a) Report. - Not later than 90 days after the date of enactment
of this Act [Dec. 13, 1991], the Secretary of Agriculture 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 on measures that are necessary to improve
the lamb price and supply reporting services of the Department of
Agriculture, including recommendations to establish a complete
information gathering system that reflects the market structure of
the national lamb industry. In preparing the report, the Secretary
shall examine measures to improve information on -
"(1) price reporting series of wholesale, retail, box, carcass,
pelt, offal, and live lamb sales in the United States, including
markets in -
"(A) California (including San Francisco);
"(B) the East Coast region (including Washington, D.C.);
"(C) the Midwest region (including Chicago, Illinois);
"(D) Texas;
"(E) the Rocky Mountain region; and
"(F) Florida;
"(2) sheep and lamb inventories, including on-feed reports;
"(3) the price and supply relationships between retailers and
breakers;
"(4) the viability of voluntary or mandatory reporting for
sheep prices; and
"(5) information on the import and export of sheep, analyzed by
cut, carcass, box, breeder stock, and sex.
"(b) Price Discovery and Reporting System. -
"(1) System required. - Based on the report required under
subsection (a), the Secretary shall -
"(A) develop a price discovery system formula for the lamb
market, such as carcass equivalent pricing; and
"(B) establish a price discovery and reporting system for the
lamb market to assist lamb producers to better allocate their
resources and make informed production and marketing decisions.
"(2) Implementation. - The price discovery and reporting system
for the lamb market shall be implemented by the Secretary not
later than 180 days after the date of the submission of the
report.
"(3) Authorization of appropriations. - There are authorized to
be appropriated such sums as may be necessary to develop and
establish the system required under this subsection.
"(c) Consultation. - In preparing the report required under
subsection (a) and establishing the price discovery and reporting
system required under subsection (b), the Secretary shall consult
with lamb producers and other persons in the national lamb
industry."
RESEARCH TO INVESTIGATE EXTENT TO WHICH GRADE STANDARDS GOVERNING
COSMETIC APPEARANCE AFFECT PESTICIDE USE IN PRODUCTION OF
PERISHABLE COMMODITIES; ADVISORY COMMITTEE; REPORT
Pub. L. 101-624, title XIII, subtitle C, Nov. 28, 1990, 104 Stat.
3566, as amended by Pub. L. 102-237, title I, Sec. 114(a)(3), Dec.
13, 1991, 105 Stat. 1838, provided that:
"SEC. 1351. DEFINITION.
"As used in this subtitle, the term 'cosmetic appearance' means
the exterior appearance of an agricultural commodity, including
changes to that appearance resulting from superficial damage or
other alteration that do not significantly affect yield, taste, or
nutritional value.
"SEC. 1352. RESEARCH.
"(a) Requirement. - The Secretary of Agriculture shall conduct
research to examine the effects, to the extent listed in subsection
(b), of grade standards and other regulations, as developed and
promulgated pursuant to the Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.), and other statutes governing cosmetic
appearance.
"(b) Scope of Research. - The primary goal of this research is to
investigate the extent to which grade standards and other
regulations governing cosmetic appearance affect pesticide use in
the production of perishable commodities. The research shall also -
"(1) determine pesticide application levels for United States
perishable commodity production and assess trends, and factors
influencing those trends, of pesticide application levels since
1975;
"(2) determine the extent to which Federal grade standards and
other regulations affect pesticide use in agriculture for
cosmetic appearance;
"(3) determine the effect of reducing emphasis on cosmetic
appearance in grade standards and other regulations on -
"(A) the application and availability of pesticides in
agriculture;
"(B) the adoption of agricultural practices that result in
reduced pesticide use;
"(C) production and marketing costs;
"(D) domestic and international markets and trade for
perishable commodities;
"(4) determine the extent to which grade standards and other
regulations reflect consumer preferences;
"(5) develop options for implementation of food marketing
policies and practices that will remove obstacles that may exist
to pesticide use reduction, based on the findings of research
conducted under this section.
"(c) Field Research. -
"(1) Length of projects. - The Secretary of Agriculture shall
implement, not later than 12 months after the date of enactment
of this Act [Nov. 28, 1990], a minimum of three, 2-year market
research projects, in at least three States, to demonstrate and
evaluate the feasibility of consumer education and information
programs.
"(2) Scope of field research. - Research under paragraph (1)
shall be conducted to evaluate programs designed to -
"(A) offer consumers choices among perishable commodities
produced with different production practices;
"(B) provide consumers with information about agricultural
practices used in the production of perishable commodities; or
"(C) educate the public about the relationship, as determined
in the research conducted under this subtitle, between the
cosmetic appearance of perishable commodities and pesticide
use.
"(d) Dissemination of Results. - The Secretary of Agriculture
shall disseminate to concerned parties the results obtained from
prior scientifically valid research concerning Federal marketing
policies and practices described in this section to avoid any
duplication of effort and to ensure that current knowledge
concerning such policies and practices is enhanced.
"(e) Advisory Committee. -
"(1) Establishment. - The Secretary of Agriculture shall
establish an advisory committee for the purpose of providing
ongoing review of the implementation of the requirements in this
section and providing the Secretary of Agriculture with
recommendations regarding the implementation of those
requirements.
"(2) Membership. - The Advisory Committee shall consist of 12
members comprised of three representatives from not-for-profit
consumer organizations, three representatives from not-for-profit
environmental organizations, three representatives from
production agriculture and the perishable commodity grower and
shipper community, and three representatives from the food
retailing sector, each with experience in the policy issues
discussed in this section.
"(f) Report. - The Secretary of Agriculture shall report to
Congress on the research conducted under this section no later than
September 30, 1992. The Secretary shall report on the research
conducted under subsection (c) no later than September 30, 1993.
"SEC. 1353. CHANGES IN PROCEDURAL REGULATIONS.
"With regard to Federal grade standards developed and promulgated
pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.), the Secretary of Agriculture shall:
"(1) Take into account the impact of those standards on the
ability of perishable commodity growers to reduce the use of
pesticides.
"(2) Provide for citizens outside of the perishable commodity
industry fair and reasonable opportunity to formally petition a
change in grade standards.
"(3) Provide for a comment period after a formal petition to
change grade standards has been made to enable all interested
parties to submit information. The Secretary of Agriculture shall
evaluate the information and consider it in the revision process.
"(4) Provide interested parties with annual status reports
during the period 1992 through 1994, updated upon request, on all
pending grade standard changes the Department of Agriculture is
considering.
"SEC. 1354. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out the
activities required under this subtitle, $4,000,000 for each fiscal
year."
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
7 USC Sec. 1622a 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1622a. Authority to assist farmers and elevator operators
-STATUTE-
The Secretary may provide technical assistance (including
information on such financial assistance as may be available) to
grain producers and elevator operators to assist such producers and
operators in installing or improving grain cleaning, drying or
storage equipment.
-SOURCE-
(Pub. L. 101-624, title XX, Sec. 2014, Nov. 28, 1990, 104 Stat.
3933.)
-COD-
CODIFICATION
Section was enacted as part of the Grain Quality Incentives Act
of 1990, and also as part of the Food, Agriculture, Conservation,
and Trade Act of 1990, and not as part of the Agricultural
Marketing Act of 1946 which comprises this chapter.
-End-
-CITE-
7 USC Sec. 1622b 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1622b. Specialty crops market news allocation
-STATUTE-
(a) In general
The Secretary shall -
(1) carry out market news activities to provide timely price
and shipment information of specialty crops in the United States;
and
(2) use funds made available under subsection (b) to increase
the reporting levels for specialty crops in effect on the date of
enactment of this Act.
(b) Authorization of appropriations
In addition to any other funds made available through annual
appropriations for market news services, there is authorized to be
appropriated to carry out this section $9,000,000 for each of
fiscal years 2008 through 2012, to remain available until expended.
-SOURCE-
(Pub. L. 110-234, title X, Sec. 10107, May 22, 2008, 122 Stat.
1337; Pub. L. 110-246, Sec. 4(a), title X, Sec. 10107, June 18,
2008, 122 Stat. 1664, 2099.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this Act, referred to in subsec. (a)(2),
is the date of enactment of Pub. L. 110-246, which was approved
June 18, 2008.
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 enacted identical sections.
Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246.
Section was enacted as part of the Food, Conservation, and Energy
Act of 2008, and not as part of the Agricultural Marketing Act of
1946 which comprises this chapter.
-MISC1-
EFFECTIVE DATE
Enactment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as a note under
section 8701 of this title.
-CROSS-
DEFINITIONS
"Secretary" as meaning the Secretary of Agriculture, see section
8701 of this title.
Pub. L. 110-234, title X, Sec. 10001, May 22, 2008, 122 Stat.
1335, and Pub. L. 110-246, Sec. 4(a), title X, Sec. 10001, June 18,
2008, 122 Stat. 1664, 2096, provided that: "In this title [enacting
this section, sections 1622c, 7655a, 7721, and 7761 of this title,
and section 2104a of Title 16, Conservation, amending sections 608e-
1, 1622, 2204g, 3005, 4606, 5925c, 6104, 6522, 6523, 7715, 7733,
7734, 7751, and 7772 of this title, enacting provisions set out as
notes under sections 608c, 1622, and 7701 of this title, and
amending provisions set out as a note under section 1621 of this
title]:
"(1) Specialty crop. - The term 'specialty crop' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-
465).
"(2) State department of agriculture. - The term 'State
department of agriculture' means the agency, commission, or
department of a State government responsible for protecting and
promoting agriculture in the State."
[Pub. L. 110-234 and Pub. L. 110-246 enacted identical
provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L.
110-246, set out as a note under section 8701 of this title.]
-End-
-CITE-
7 USC Sec. 1622c 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1622c. Grant program to improve movement of specialty crops
-STATUTE-
(a) Grants authorized
The Secretary may make grants under this section to an eligible
entity described in subsection (b) -
(1) to improve the cost-effective movement of specialty crops
to local, regional, national, and international markets; and
(2) to address regional intermodal transportation deficiencies
that adversely affect the movement of specialty crops to markets
inside or outside the United States.
(b) Eligible grant recipients
Grants may be made under this section to any of, or any
combination of:
(1) State and local governments.
(2) Grower cooperatives.
(3) National, State, or regional organizations of producers,
shippers, or carriers.
(4) Other entities as determined to be appropriate by the
Secretary.
(c) Matching funds
The recipient of a grant under this section shall contribute an
amount of non-Federal funds toward the project for which the grant
is provided that is at least equal to the amount of grant funds
received by the recipient under this section.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as are necessary for each of fiscal years 2008 through
2012.
-SOURCE-
(Pub. L. 110-234, title X, Sec. 10403, May 22, 2008, 122 Stat.
1349; Pub. L. 110-246, Sec. 4(a), title X, Sec. 10403, June 18,
2008, 122 Stat. 1664, 2111.)
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 enacted identical sections.
Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246.
Section was enacted as part of the Food, Conservation, and Energy
Act of 2008, and not as part of the Agricultural Marketing Act of
1946 which comprises this chapter.
-MISC1-
EFFECTIVE DATE
Enactment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as a note under
section 8701 of this title.
-CROSS-
DEFINITIONS
"Secretary" as meaning the Secretary of Agriculture, see section
8701 of this title.
"Specialty crop" as having the meaning given the term in section
3 of Pub. L. 108-465, set out as a note under section 1621 of this
title, see section 10001(1) of Pub. L. 110-246, set out as a note
under section 1622b of this title.
-End-
-CITE-
7 USC Sec. 1623 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1623. Authorization of appropriations; allotments to States
-STATUTE-
(a) In order to conduct research and service work in connection
with the preparation for market, processing, packaging, handling,
storing, transporting, distributing, and marketing of agricultural
products as authorized by this chapter, there is hereby authorized
to be appropriated the following sums:
(1) $2,500,000 for the fiscal year ending June 30, 1947, and
each subsequent fiscal year.
(2) An additional $2,500,000 for the fiscal year ending June
30, 1948, and each subsequent fiscal year.
(3) An additional $5,000,000 for the fiscal year ending June
30, 1949, and each subsequent fiscal year.
(4) An additional $5,000,000 for the fiscal year ending June
30, 1950, and each subsequent fiscal year.
(5) An additional $5,000,000 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.
Such sums appropriated in pursuance of this chapter shall be in
addition to, and not in substitution for, sums appropriated or
otherwise made available to the Department of Agriculture.
(b) The Secretary of Agriculture is authorized to make available
from such funds such sums as he may deem appropriate for allotment
to State departments of agriculture, State bureaus and departments
of markets, State agricultural experiment stations, and other
appropriate State agencies for cooperative projects in marketing
service and in marketing research to effectuate the purposes of
this chapter: Provided, That no such allotment and no payment under
any such allotment shall be made for any fiscal year to any State
agency in excess of the amount which such State agency makes
available out of its own funds for such research. The funds which
State agencies are required to make available in order to qualify
for such an allotment shall be in addition to any funds now
available to such agencies for marketing services and for marketing
research. The allotments authorized under this section shall be
made to the agency or agencies best equipped and qualified to
conduct the specific project to be undertaken. Such allotments
shall be covered by cooperative agreements between the Secretary of
Agriculture and the cooperating agency and shall include
appropriate provisions for preventing duplication or overlapping of
work within the State or States cooperating. Should duplication or
overlapping occur subsequent to approval of a cooperative project
or allotment of funds, the Secretary of Agriculture is authorized
and directed to withhold unexpended balances on such projects
notwithstanding the prior approval thereof.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 204, 60 Stat. 1089.)
-End-
-CITE-
7 USC Sec. 1623a 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1623a. Omitted
-COD-
CODIFICATION
Section, Pub. L. 107-76, title VII, Sec. 703, Nov. 28, 2001, 115
Stat. 731, which provided that not less than $1,500,000 of the
appropriations of the Department of Agriculture for research and
service work authorized by sections 427, 427i, and 1621 et seq. of
this title and chapter 63 of title 31 would be available for
contracting in accordance with those laws, was from the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002, and was not repeated in
subsequent appropriation acts. Similar provisions were contained in
the following prior appropriation acts:
Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 703], Oct. 28, 2000,
114 Stat. 1549, 1549A-28.
Pub. L. 106-78, title VII, Sec. 703, Oct. 22, 1999, 113 Stat.
1160.
Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 703], Oct.
21, 1998, 112 Stat. 2681, 2681-25.
Pub. L. 105-86, title VII, Sec. 703, Nov. 18, 1997, 111 Stat.
2104.
Pub. L. 104-180, title VII, Sec. 703, Aug. 6, 1996, 110 Stat.
1596.
Pub. L. 104-37, title VII, Sec. 703, Oct. 21, 1995, 109 Stat.
329.
Pub. L. 103-330, title VII, Sec. 703, Sept. 30, 1994, 108 Stat.
2466.
Pub. L. 103-111, title VII, Sec. 703, Oct. 21, 1993, 107 Stat.
1078.
Pub. L. 102-341, title VII, Sec. 703, Aug. 14, 1992, 106 Stat.
906.
Pub. L. 102-142, title VII, Sec. 704, Oct. 28, 1991, 105 Stat.
911.
Pub. L. 101-506, title VI, Sec. 604, Nov. 5, 1990, 104 Stat.
1346.
Pub. L. 101-161, title VI, Sec. 604, Nov. 21, 1989, 103 Stat.
982.
Pub. L. 100-460, title VI, Sec. 604, Oct. 1, 1988, 102 Stat.
2259.
Pub. L. 100-202, Sec. 101(k) [title VI, Sec. 604], Dec. 22, 1987,
101 Stat. 1329-322, 1329-353.
Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 604], Oct. 18, 1986,
100 Stat. 1783, 1783-27, and Pub. L. 99-591, Sec. 101(a) [title VI,
Sec. 604], Oct. 30, 1986, 100 Stat. 3341, 3341-27.
Pub. L. 99-190, Sec. 101(a) [H.R. 3037, title VI, Sec. 604], Dec.
19, 1985, 99 Stat. 1185; Pub. L. 100-202, Sec. 106, Dec. 22, 1987,
101 Stat. 1329-433.
Pub. L. 97-370, title VI, Sec. 604, Dec. 18, 1982, 96 Stat. 1810.
Pub. L. 97-103, title VI, Sec. 604, Dec. 23, 1981, 95 Stat. 1487.
Pub. L. 96-528, title VI, Sec. 604, Dec. 15, 1980, 94 Stat. 3116.
Pub. L. 96-108, title VI, Sec. 603, Nov. 9, 1979, 93 Stat. 840.
Pub. L. 95-448, title VI, Sec. 603, Oct. 11, 1978, 92 Stat. 1092.
Pub. L. 95-97, title VI, Sec. 603, Aug. 12, 1977, 91 Stat. 828.
Pub. L. 94-351, title VI, Sec. 603, July 12, 1976, 90 Stat. 868.
Pub. L. 94-122, title VI, Sec. 605, Oct. 21, 1975, 89 Stat. 667.
Pub. L. 93-563, title V, Sec. 505, Dec. 31, 1974, 88 Stat. 1842.
Pub. L. 93-135, title V, Sec. 506, Oct. 24, 1973, 87 Stat. 490.
Pub. L. 92-399, title V, Sec. 506, Aug. 22, 1972, 86 Stat. 611.
Pub. L. 92-73, title V, Sec. 506, Aug. 10, 1971, 85 Stat. 201.
Pub. L. 91-566, title V, Sec. 506, Dec. 22, 1970, 84 Stat. 1496.
Pub. L. 91-127, title V, Sec. 506, Nov. 26, 1969, 83 Stat. 260.
Pub. L. 90-463, title V, Sec. 506, Aug. 8, 1968, 82 Stat. 653.
Pub. L. 90-113, title V, Sec. 506, Oct. 24, 1967, 81 Stat. 335.
Pub. L. 89-556, title V, Sec. 506, Sept. 7, 1966, 80 Stat. 704.
Pub. L. 89-316, title V, Sec. 506, Nov. 2, 1965, 79 Stat. 1179.
Pub. L. 88-573, title V, Sec. 506, Sept. 2, 1964, 78 Stat. 876.
Pub. L. 88-250, title VI, Sec. 606, Dec. 30, 1963, 77 Stat. 833.
Pub. L. 87-879, title VI, Sec. 606, Oct. 24, 1962, 76 Stat. 1215.
Pub. L. 87-112, title V, Sec. 506, July 26, 1961, 75 Stat. 241.
Pub. L. 86-532, title IV, Sec. 406, June 29, 1960, 74 Stat. 244.
Pub. L. 86-80, title IV, Sec. 406, July 8, 1959, 73 Stat. 180.
Pub. L. 85-459, title IV, Sec. 406, June 13, 1958, 72 Stat. 199.
Pub. L. 85-118, title V, Sec. 506, Aug. 2, 1957, 71 Stat. 340.
June 4, 1956, ch. 355, title V, Sec. 506, 70 Stat. 241.
May 23, 1955, ch. 43, title V, Sec. 506, 69 Stat. 63.
June 29, 1954, ch. 409, title V, Sec. 506, 68 Stat. 319.
-End-
-CITE-
7 USC Sec. 1624 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1624. Cooperation with Government and State agencies, private
research organizations, etc.; rules and regulations
-STATUTE-
(a) In carrying out the provisions of this chapter, the Secretary
of Agriculture may cooperate with other branches of the Government,
State agencies, private research organizations, purchasing and
consuming organizations, boards of trade, chambers of commerce,
other associations of business or trade organizations,
transportation and storage agencies and organizations, or other
persons or corporations engaged in the production, transportation,
storing, processing, marketing, and distribution of agricultural
products whether operating in one or more jurisdictions. The
Secretary of Agriculture shall have authority to enter into
contracts and agreements under the terms of regulations promulgated
by him with States and agencies of States, private firms,
institutions, and individuals for the purpose of conducting
research and service work, making and compiling reports and
surveys, and carrying out other functions relating thereto when in
his judgment the services or functions to be performed will be
carried out more effectively, more rapidly, or at less cost than if
performed by the Department of Agriculture. Contracts under this
section may be made for work to be performed within a period not
more than four years from the date of any such contract, and
advance, progress, or other payments may be made. The provisions of
section 3324(a) and (b) of title 31 and section 5 of title 41 shall
not be applicable to contracts or agreements made under the
authority of this section. Any unexpended balances of
appropriations obligated by contracts as authorized by this section
may, notwithstanding the provisions of section 5 of the Act of June
20, 1874, as amended (31 U.S.C., sec. 713), 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. Any
contract made pursuant to this section shall contain requirements
making the result of such research and investigations available to
the public by such means as the Secretary of Agriculture shall
determine.
(b) The Secretary of Agriculture shall promulgate such orders,
rules, and regulations as he deems necessary to carry out the
provisions of this chapter.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 205, 60 Stat. 1090; Aug.
30, 1954, ch. 1076, Sec. 1(7), 68 Stat. 966.)
-REFTEXT-
REFERENCES IN TEXT
Section 5 of the Act of June 20, 1874, as amended (31 U.S.C. sec.
713), referred to in subsec. (a), was repealed by act July 6, 1949,
ch. 299, Sec. 3, 63 Stat. 407.
-COD-
CODIFICATION
In subsec. (a), "section 3324(a) and (b) of title 31" substituted
for reference to section 3648 (31 U.S.C., sec. 529) of the Revised
Statutes on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
-MISC1-
AMENDMENTS
1954 - Subsec. (b). Act Aug. 30, 1954, repealed second sentence
requiring Secretary of Agriculture to include in his annual report
to Congress a complete statement of research work being performed
under contracts or cooperative agreements under this chapter.
DISTRIBUTION OF SURPLUS COMMODITIES
Pub. L. 97-253, title I, Sec. 191, Sept. 8, 1982, 96 Stat. 787,
provided that:
"(a) The Congress finds that -
"(1) for an increasing number of people in the United States,
these are times of great suffering and deprivation;
"(2) rising unemployment, decreasing appropriations for social
services, and increasingly adverse economic conditions have all
contributed to produce hunger and want on a scale not experienced
since the time of the Great Depression;
"(3) the demand for every conceivable form of assistance for
the hungry and needy people of the United States grows more
critical daily, while the availability of goods and services to
meet the needs of such people is rapidly diminishing;
"(4) soup kitchens, food banks, and other organizations which
provide food to the hungry report an astronomical increase in the
number of persons seeking the assistance of such organizations;
"(5) according to a study completed by the General Accounting
Office [now Government Accountability Office] in 1977, one
hundred and thirty-seven million tons of food, or more than 20
per centum of this country's total annual food production, is
wasted or discarded in the United States each year;
"(6) at wholesale and retail food distributors, shipping
terminals, and other establishments all across the country,
enormous quantities of fresh fruits and vegetables and dated
dairy and bakery products are discarded each day, while growing
numbers of Americans go to bed hungry and undernourished each
night;
"(7) in these times of budget constraints and appeals for
reductions in Federal spending, the use of private resources to
meet the basic food requirements of our citizens should be
encouraged; and
"(8) many States and local governments have not enacted laws
which limit the liability of food donors, such as so-called Good
Samaritan Acts and donor liability laws, and thus have
discouraged donation of food to the needy by private persons.
"(b) It is the sense of the Congress that -
"(1) departments and agencies of the Federal Government should
take such steps as may be necessary to distribute to hungry
people of the United States surplus food or food which would
otherwise be discarded;
"(2) State and local governments which have not yet enacted so-
called Good Samaritan or donor liability laws to encourage
private cooperative efforts to provide food for hungry people
within their respective jurisdictions should do so as quickly as
possible; and
"(3) wholesale and retail food distributors, shipping
terminals, and other establishments should work more closely with
religious, community, and other charitable organizations to make
wholesome food which is currently being wasted or discarded by
such establishments available for immediate distribution to
hungry people of the United States."
-End-
-CITE-
7 USC Sec. 1625 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1625. Transfer and consolidation of functions, powers,
bureaus, etc.
-STATUTE-
In order to facilitate administration and to increase the
effectiveness of the marketing research, service, and regulatory
work of the Department of Agriculture to the fullest extent
practicable, the Secretary of Agriculture is authorized,
notwithstanding any other provisions of law, to transfer, group,
coordinate, and consolidate the functions, powers, duties, and
authorities of each and every agency, division, bureau, service,
section, or other administrative unit in the Department of
Agriculture primarily concerned with research, service, or
regulatory activities in connection with the marketing,
transportation, storage, processing, distribution of, or service or
regulatory activities in connection with, the utilization of,
agricultural products, into a single administrative agency. In
making such changes as may be necessary to carry out effectively
the purposes of this chapter, the records, property, personnel, and
funds of such agencies, divisions, bureaus, services, sections, or
other administrative units in the Department of Agriculture
affected are authorized to be transferred to and used by such
administrative agency to which the transfer may be made, but such
unexpended balances of appropriations so transferred shall be used
only for the purposes for which such appropriations were made.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 206, 60 Stat. 1090.)
-End-
-CITE-
7 USC Sec. 1626 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1626. Definitions
-STATUTE-
When used in this chapter, the term "agricultural products"
includes agricultural, horticultural, viticultural, and dairy
products, livestock and poultry, bees, forest products, fish and
shellfish, and any products thereof, including processed and
manufactured products, and any and all products raised or produced
on farms and any processed or manufactured product thereof, and the
term "State" when used in this chapter (!1) shall include the
Virgin Islands and Guam.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 207, 60 Stat. 1091; Pub. L.
92-318, title V, Sec. 506(f), June 23, 1972, 86 Stat. 351.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text inserted by Pub. L. 92-318,
probably means title II of act Aug. 14, 1946, which is classified
generally to this chapter. For complete classification of title II
to the Code, see Short Title note set out under section 1621 of
this title and Tables.
-MISC1-
AMENDMENTS
1972 - Pub. L. 92-318 inserted ", and the term 'State' when used
in this chapter shall include the Virgin Islands and Guam" before
period at end.
EFFECTIVE DATE OF 1972 AMENDMENT
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.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
7 USC Sec. 1627 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1627. Appointment of personnel; compensation; employment of
specialists
-STATUTE-
The Secretary of Agriculture shall have the power to appoint,
remove, and fix, in accordance with existing law, the compensation
of such officers and employees, and to make such expenditures as he
deems necessary, including expenditures for rent outside the
District of Columbia, travel, supplies, books, equipment, and such
other expenditures as may be necessary to the administration of
this chapter: Provided, That the Secretary of Agriculture may
appoint any technically qualified person, firm, or organization by
contract or otherwise on a temporary basis and for a term not to
exceed six months in any fiscal year to perform research,
inspection, classification, technical, or other special services,
without regard to the civil-service laws.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 208, 60 Stat. 1091.)
-REFTEXT-
REFERENCES IN TEXT
The civil-service laws, referred to in text, are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
-COD-
CODIFICATION
Provisions that authorized the Secretary of Agriculture to "fix
the compensation" of any technically qualified person, firm, or
organization by contract or otherwise on a temporary basis and for
a term not to exceed six months in any fiscal year to perform
research, inspection, classification, technical or other special
services, without regard to 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 to any position,
officer, or employee shall not be affected by section 1106(a). The
Classification Act of 1949 was repealed by Pub. L. 89-554, Sec.
8(a), Sept. 6, 1966, 80 Stat. 632 (of which section 1 revised and
enacted Title 5, U.S.C., into law). Section 5102 of Title 5, now
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.
-End-
-CITE-
7 USC Sec. 1628 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1628. Repealed.
-MISC1-
Sec. 1628. Repealed. Pub. L. 93-86, Sec. 2, Aug. 10, 1973, 87 Stat.
246.
Section, acts Aug. 14, 1946, ch. 966, title III, Sec. 301, 60
Stat. 1091; Dec. 29, 1967, Pub. L. 90-233, 81 Stat. 752, provided
for establishment and staffing of a national advisory committee to
aid in implementing the research and service work authorized under
the act of Aug. 14, 1946, and set forth functions of such
committee.
-End-
-CITE-
7 USC Sec. 1629 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1629. Establishment of committees to assist in research and
service programs
-STATUTE-
In the furtherance of the research and service work authorized by
this Act, the Secretary of Agriculture may, in addition to the
national advisory committee, establish appropriate committees,
including representatives of producers, industry, government and
science, to assist in effectuating specific research and service
programs.
-SOURCE-
(Aug. 14, 1946, ch. 966, title III, Sec. 302, 60 Stat. 1091.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 14, 1946, ch. 966, 60
Stat. 1082, which enacted this chapter and sections 427h to 427j of
this title and amended section 427 of this title. For complete
classification of this Act to the Code, see Tables.
The national advisory committee, referred to in text, was
established by section 1628 of this title, which was subsequently
repealed by Pub. L. 93-86, Sec. 2, Aug. 10, 1973, 87 Stat. 246.
-COD-
CODIFICATION
Section was not enacted as part of the Agricultural Marketing Act
of 1946 which comprises this chapter.
-End-
-CITE-
7 USC Sec. 1630 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1630. Omitted
-COD-
CODIFICATION
Section, act June 4, 1956, ch. 355, title V, Sec. 508, 70 Stat.
241, which provided for availability of appropriations for
committee expenses in effectuating research and service work, was
from the Department of Agriculture and Farm Credit Administration
Appropriation Act, 1957, and was not repeated in subsequent
appropriation acts. Similar provisions were contained in the
following prior appropriation acts:
May 23, 1955, ch. 43, title V, Sec. 509, 69 Stat. 64.
June 29, 1954, ch. 409, title V, Sec. 509, 68 Stat. 319.
-End-
-CITE-
7 USC Sec. 1631 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1631. Protection for purchasers of farm products
-STATUTE-
(a) Congressional findings
Congress finds that -
(1) certain State laws permit a secured lender to enforce liens
against a purchaser of farm products even if the purchaser does
not know that the sale of the products violates the lender's
security interest in the products, lacks any practical method for
discovering the existence of the security interest, and has no
reasonable means to ensure that the seller uses the sales
proceeds to repay the lender;
(2) these laws subject the purchaser of farm products to double
payment for the products, once at the time of purchase, and again
when the seller fails to repay the lender;
(3) the exposure of purchasers of farm products to double
payment inhibits free competition in the market for farm
products; and
(4) this exposure constitutes a burden on and an obstruction to
interstate commerce in farm products.
(b) Declaration of purpose
The purpose of this section is to remove such burden on and
obstruction to interstate commerce in farm products.
(c) Definitions
For the purposes of this section -
(1) The term "buyer in the ordinary course of business" means a
person who, in the ordinary course of business, buys farm
products from a person engaged in farming operations who is in
the business of selling farm products.
(2) The term "central filing system" means a system for filing
effective financing statements or notice of such financing
statements on a statewide basis and which has been certified by
the Secretary of the United States Department of Agriculture; the
Secretary shall certify such system if the system complies with
the requirements of this section; specifically under such system -
(A) effective financing statements or notice of such
financing statements are filed with the office of the Secretary
of State of a State;
(B) the Secretary of State records the date and hour of the
filing of such statements;
(C) the Secretary of State compiles all such statements into
a master list -
(i) organized according to farm products;
(ii) arranged within each such product -
(I) in alphabetical order according to the last name of
the individual debtors, or, in the case of debtors doing
business other than as individuals, the first word in the
name of such debtors; and
(II) in numerical order according to the social security
number, or other approved unique identifier, of the
individual debtors or, in the case of debtors doing
business other than as individuals, the Internal Revenue
Service taxpayer identification number, or other approved
unique identifier, of such debtors, except that the
numerical list containing social security or taxpayer
identification numbers may be encrypted for security
purposes if the Secretary of State provides a method by
which an effective search of the encrypted numbers may be
conducted to determine whether the farm product at issue is
subject to 1 or more liens; and
(III) geographically by county or parish; and
(IV) by crop year;
(iii) containing the information referred to in paragraph
(4)(D);
(D) the Secretary of State maintains a list of all buyers of
farm products, commission merchants, and selling agents who
register with the Secretary of State, on a form indicating -
(i) the name and address of each buyer, commission merchant
and selling agent;
(ii) the interest of each buyer, commission merchant, and
selling agent in receiving the lists described in
subparagraph (E); and
(iii) the farm products in which each buyer, commission
merchant, and selling agent has an interest;
(E) the Secretary of State distributes regularly as
prescribed by the State to each buyer, commission merchant, and
selling agent on the list described in subparagraph (D) a copy
in written or printed form of those portions of the master list
described in subparagraph (C) that cover the farm products in
which such buyer, commission merchant, or selling agent has
registered an interest except that -
(i) the distribution of the portion of the master list may
be in electronic, written, or printed form; and
(ii) if social security or taxpayer identification numbers
on the master list are encrypted, the Secretary of State may
distribute the master list only -
(I) by compact disc or other electronic media that
contains -
(aa) the recorded list of debtor names; and
(bb) an encryption program that enables the buyer,
commission merchant, and selling agent to enter a social
security number for matching against the recorded list of
encrypted social security or taxpayer identification
numbers; and
(II) on the written request of the buyer, commission
merchant, or selling agent, by paper copy of the list to
the requestor;
(F) the Secretary of State furnishes to those who are not
registered pursuant to (2)(D) of this section (!1) oral
confirmation within 24 hours of any effective financing
statement on request followed by written confirmation to any
buyer of farm products buying from a debtor, or commission
merchant or selling agent selling for a seller covered by such
statement.
(3) The term "commission merchant" means any person engaged in
the business of receiving any farm product for sale, on
commission, or for or on behalf of another person.
(4) The term "effective financing statement" means a statement
that -
(A) is an original or reproduced copy of the statement, or,
in the case of a State which (under the applicable State law
provisions of the Uniform Commercial Code) allows the
electronic filing of financing statements without the signature
of the debtor, is an electronically reproduced copy of the
statement;
(B) other than in the case of an electronically reproduced
copy of the statement, is signed, authorized, or otherwise
authenticated by the debtor, and filed with the Secretary of
State of a State by the secured party;
(C) contains,
(i) the name and address of the secured party;
(ii) the name and address of the person indebted to the
secured party;
(iii) the social security number, or other approved unique
identifier, of the debtor or, in the case of a debtor doing
business other than as an individual, the Internal Revenue
Service taxpayer identification number, or other approved
unique identifier, of such debtor; and
(iv) a description of the farm products subject to the
security interest created by the debtor, including the amount
of such products where applicable, and the name of each
county or parish in which the farm products are produced or
located;
(D) must be amended in writing, within 3 months, similarly
signed, authorized, or otherwise authenticated by the debtor
and filed, to reflect material changes;
(E) remains effective for a period of 5 years from the date
of filing, subject to extensions for additional periods of 5
years each by refiling or filing a continuation statement
within 6 months before the expiration of the initial 5 year
period;
(F) lapses on either the expiration of the effective period
of the statement or the filing of a notice signed, authorized,
or otherwise authenticated by the secured party that the
statement has lapsed, whichever occurs first;
(G) is accompanied by the requisite filing fee set by the
Secretary of State; and
(H) substantially complies with the requirements of this
subparagraph even though it contains minor errors that are not
seriously misleading.
(5) (!2) The term "farm product" means an agricultural
commodity such as wheat, corn, soybeans, or a species of
livestock such as cattle, hogs, sheep, horses, or poultry used or
produced in farming operations, or a product of such crop or
livestock in its unmanufactured state (such as ginned cotton,
wool-clip, maple syrup, milk, and eggs), that is in the
possession of a person engaged in farming operations.
(6) The term "knows" or "knowledge" means actual knowledge.
(7) The term "security interest" means an interest in farm
products that secures payment or performance of an obligation.
(8) The term "selling agent" means any person, other than a
commission merchant, who is engaged in the business of
negotiating the sale and purchase of any farm product on behalf
of a person engaged in farming operations.
(9) The term "State" means each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands of the United States, American Samoa, the Commonwealth of
the Northern Mariana Islands, or the Trust Territory of the
Pacific Islands.
(10) The term "person" means any individual, partnership,
corporation, trust, or any other business entity.
(11) The term "Secretary of State" means the Secretary of State
or the designee of the State.
(5) (!3) The term "approved unique identifier" means a number,
combination of numbers and letters, or other identifier selected
by the Secretary of State using a selection system or method
approved by the Secretary of Agriculture.
(d) Purchases free of security interest
Except as provided in subsection (e) of this section and
notwithstanding any other provision of Federal, State, or local
law, a buyer who in the ordinary course of business buys a farm
product from a seller engaged in farming operations shall take free
of a security interest created by the seller, even though the
security interest is perfected; and the buyer knows of the
existence of such interest.
(e) Purchases subject to security interest
A buyer of farm products takes subject to a security interest
created by the seller if -
(1)(A) within 1 year before the sale of the farm products, the
buyer has received from the secured party or the seller written
notice of the security interest organized according to farm
products that -
(i) is an original or reproduced copy thereof;
(ii) contains,
(I) the name and address of the secured party;
(II) the name and address of the person indebted to the
secured party;
(III) the social security number, or other approved unique
identifier, of the debtor or, in the case of a debtor doing
business other than as an individual, the Internal Revenue
Service taxpayer identification number, or other approved
unique identifier, of such debtor; and
(IV) a description of the farm products subject to the
security interest created by the debtor, including the amount
of such products where applicable, crop year, and the name of
each county or parish in which the farm products are produced
or located;
(iii) must be amended in writing, within 3 months, similarly
signed, authorized, or otherwise authenticated and transmitted,
to reflect material changes;
(iv) will lapse on either the expiration period of the
statement or the transmission of a notice signed, authorized,
or otherwise authenticated by the secured party that the
statement has lapsed, whichever occurs first; and
(v) contains any payment obligations imposed on the buyer by
the secured party as conditions for waiver or release of the
security interest; and
(B) the buyer has failed to perform the payment obligations, or
(2) in the case of a farm product produced in a State that has
established a central filing system -
(A) the buyer has failed to register with the Secretary of
State of such State prior to the purchase of farm products; and
(B) the secured party has filed an effective financing
statement or notice that covers the farm products being sold;
or
(3) in the case of a farm product produced in a State that has
established a central filing system, the buyer -
(A) receives from the Secretary of State of such State
written notice as provided in subsection (c)(2)(E) or (c)(2)(F)
that specifies both the seller and the farm product being sold
by such seller as being subject to an effective financing
statement or notice; and
(B) does not secure a waiver or release of the security
interest specified in such effective financing statement or
notice from the secured party by performing any payment
obligation or otherwise.
(f) Law governing "receipt"
What constitutes receipt, as used in this section, shall be
determined by the law of the State in which the buyer resides.
(g) Commission merchants or selling agents: sales free of or
subject to security interest; law governing "receipt"
(1) Except as provided in paragraph (2) and notwithstanding any
other provision of Federal, State, or local law, a commission
merchant or selling agent who sells, in the ordinary course of
business, a farm product for others, shall not be subject to a
security interest created by the seller in such farm product even
though the security interest is perfected and even though the
commission merchant or selling agent knows of the existence of such
interest.
(2) A commission merchant or selling agent who sells a farm
product for others shall be subject to a security interest created
by the seller in such farm product if -
(A) within 1 year before the sale of such farm product the
commission merchant or selling agent has received from the
secured party or the seller written notice of the security
interest; organized according to farm products, that -
(i) is an original or reproduced copy thereof;
(ii) contains,
(I) the name and address of the secured party;
(II) the name and address of the person indebted to the
secured party;
(III) the social security number, or other approved unique
identifier, of the debtor or, in the case of a debtor doing
business other than as an individual, the Internal Revenue
Service taxpayer identification number, or other approved
unique identifier, of such debtor; and
(IV) a description of the farm products subject to the
security interest created by the debtor, including the amount
of such products, where applicable, crop year, and the name
of each county or parish in which the farm products are
produced or located;
(iii) must be amended in writing, within 3 months, similarly
signed, authorized, or otherwise authenticated and transmitted,
to reflect material changes;
(iv) will lapse on either the expiration period of the
statement or the transmission of a notice signed, authorized,
or otherwise authenticated by the secured party that the
statement has lapsed, whichever occurs first; and
(v) contains any payment obligations imposed on the
commission merchant or selling agent by the secured party as
conditions for waiver or release of the security interest; and
(B) the commission merchant or selling agent has failed to
perform the payment obligations;
(C) in the case of a farm product produced in a State that has
established a central filing system -
(i) the commission merchant or selling agent has failed to
register with the Secretary of State of such State prior to the
purchase of farm products; and
(ii) the secured party has filed an effective financing
statement or notice that covers the farm products being sold;
or
(D) in the case of a farm product produced in a State that has
established a central filing system, the commission merchant or
selling agent -
(i) receives from the Secretary of State of such State
written notice as provided in subsection (c)(2)(E) or (c)(2)(F)
of this section that specifies both the seller and the farm
products being sold by such seller as being subject to an
effective financing statement or notice; and
(ii) does not secure a waiver or release of the security
interest specified in such effective financing statement or
notice from the secured party by performing any payment
obligation or otherwise.
(3) What constitutes receipt, as used in this section, shall be
determined by the law of the State in which the buyer resides.
(h) Security agreements; identity lists; notice of identity or
accounting for proceeds; violations
(1) A security agreement in which a person engaged in farming
operations creates a security interest in a farm product may
require the person to furnish to the secured party a list of the
buyers, commission merchants, and selling agents to or through whom
the person engaged in farming operations may sell such farm
product.
(2) If a security agreement contains a provision described in
paragraph (1) and such person engaged in farming operations sells
the farm product collateral to a buyer or through a commission
merchant or selling agent not included on such list, the person
engaged in farming operations shall be subject to paragraph (3)
unless the person -
(A) has notified the secured party in writing of the identity
of the buyer, commission merchant, or selling agent at least 7
days prior to such sale; or
(B) has accounted to the secured party for the proceeds of such
sale not later than 10 days after such sale.
(3) A person violating paragraph (2) shall be fined $5,000 or 15
per centum of the value or benefit received for such farm product
described in the security agreement, whichever is greater.
(i) Regulations
The Secretary of Agriculture shall prescribe regulations not
later than 90 days after December 23, 1985, to aid States in the
implementation and management of a central filing system.
(j) Effective date
This section shall become effective 12 months after December 23,
1985.
-SOURCE-
(Pub. L. 99-198, title XIII, Sec. 1324, Dec. 23, 1985, 99 Stat.
1535; Pub. L. 104-127, title VI, Sec. 662, Apr. 4, 1996, 110 Stat.
1107; Pub. L. 107-171, title X, Sec. 10604, May 13, 2002, 116 Stat.
512; Pub. L. 108-447, div. A, title VII, Sec. 776, Dec. 8, 2004,
118 Stat. 2849; Pub. L. 110-234, title XIV, Sec. 14215, May 22,
2008, 122 Stat. 1466; Pub. L. 110-246, Sec. 4(a), title XIV, Sec.
14215, June 18, 2008, 122 Stat. 1664, 2228.)
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
Section was enacted as part of the Food Security Act of 1985, and
not as part of the Agricultural Marketing Act of 1946 which
comprises this chapter.
-MISC1-
AMENDMENTS
2008 - Subsec. (c)(2)(C)(ii)(II). Pub. L. 110-246, Sec. 14215(1),
inserted ", except that the numerical list containing social
security or taxpayer identification numbers may be encrypted for
security purposes if the Secretary of State provides a method by
which an effective search of the encrypted numbers may be conducted
to determine whether the farm product at issue is subject to 1 or
more liens" after "such debtors".
Subsec. (c)(2)(E). Pub. L. 110-246, Sec. 14215(2), substituted
"subparagraph (C)" for "paragraph (C)", inserted "except that - "
after "an interest", and added cls. (i) and (ii) before semicolon
at end.
2004 - Subsec. (c)(2)(C)(ii)(II), (4)(C)(iii). Pub. L. 108-447,
Sec. 776(1)(A), (B), inserted ", or other approved unique
identifier," after "social security number" and "identification
number".
Subsec. (c)(5). Pub. L. 108-447, Sec. 776(1)(C), added par. (5)
defining "approved unique identifier" at end of subsec. (c).
Subsecs. (e)(1)(A)(ii)(III), (g)(2)(A)(ii)(III). Pub. L. 108-447,
Sec. 776(2), (3), inserted ", or other approved unique identifier,"
after "social security number" and "identification number".
2002 - Subsec. (c)(4)(B). Pub. L. 107-171, Sec. 10604(a)(1),
substituted "signed, authorized, or otherwise authenticated by the
debtor," for "signed".
Subsec. (c)(4)(C). Pub. L. 107-171, Sec. 10604(a)(2), (6),
redesignated subpar. (D) as (C) and struck out former subpar. (C)
which read as follows: "other than in the case of an electronically
reproduced copy of the statement, is signed by the debtor;".
Subsec. (c)(4)(D). Pub. L. 107-171, Sec. 10604(a)(6),
redesignated subpar. (E) as (D). Former subpar. (D) redesignated
(C).
Subsec. (c)(4)(D)(iii). Pub. L. 107-171, Sec. 10604(a)(3)(A),
inserted "and" after semicolon at end.
Subsec. (c)(4)(D)(iv). Pub. L. 107-171, Sec. 10604(a)(3)(B),
substituted "applicable, and the name of each county or parish in
which the farm products are produced or located;" for "applicable;
and a reasonable description of the property, including county or
parish in which the property is located;".
Subsec. (c)(4)(E). Pub. L. 107-171, Sec. 10604(a)(6),
redesignated subpar. (F) as (E). Former subpar. (E) redesignated
(D).
Pub. L. 107-171, Sec. 10604(a)(4), substituted "signed,
authorized, or otherwise authenticated by the debtor" for "signed".
Subsec. (c)(4)(F). Pub. L. 107-171, Sec. 10604(a)(6),
redesignated subpar. (G) as (F). Former subpar. (F) redesignated
(E).
Subsec. (c)(4)(G). Pub. L. 107-171, Sec. 10604(a)(6),
redesignated subpar. (H) as (G). Former subpar. (G) redesignated
(F).
Pub. L. 107-171, Sec. 10604(a)(5), substituted "notice signed,
authorized, or otherwise authenticated" for "notice signed".
Subsec. (c)(4)(H), (I). Pub. L. 107-171, Sec. 10604(a)(6),
redesignated subpar. (I) as (H). Former subpar. (H) redesignated
(G).
Subsec. (e)(1)(A)(ii)(III). Pub. L. 107-171, Sec. 10604(b)(1)(A),
inserted "and" after semicolon at end.
Subsec. (e)(1)(A)(ii)(IV). Pub. L. 107-171, Sec. 10604(b)(1)(B),
substituted "crop year, and the name of each county or parish in
which the farm products are produced or located;" for "crop year,
county or parish, and a reasonable description of the property;
and".
Subsec. (e)(1)(A)(iii). Pub. L. 107-171, Sec. 10604(b)(2),
substituted "similarly signed, authorized, or otherwise
authenticated" for "similarly signed".
Subsec. (e)(1)(A)(iv). Pub. L. 107-171, Sec. 10604(b)(3),
substituted "notice signed, authorized, or otherwise authenticated"
for "notice signed".
Subsec. (e)(1)(A)(v). Pub. L. 107-171, Sec. 10604(b)(4), inserted
"contains" before "any payment".
Subsec. (e)(3)(A). Pub. L. 107-171, Sec. 10604(b)(5)(A),
substituted "subsection" for "subparagraph".
Subsec. (e)(3)(B). Pub. L. 107-171, Sec. 10604(b)(5)(B),
substituted a period for "; and" at end.
Subsec. (g)(2)(A)(ii)(III). Pub. L. 107-171, Sec. 10604(c)(1)(A),
inserted "and" after semicolon at end.
Subsec. (g)(2)(A)(ii)(IV). Pub. L. 107-171, Sec. 10604(c)(1)(B),
substituted "crop year, and the name of each county or parish in
which the farm products are produced or located;" for "crop year,
county or parish, and a reasonable description of the property,
etc.; and".
Subsec. (g)(2)(A)(iii). Pub. L. 107-171, Sec. 10604(c)(2),
substituted "similarly signed, authorized, or otherwise
authenticated" for "similarly signed".
Subsec. (g)(2)(A)(iv). Pub. L. 107-171, Sec. 10604(c)(3),
substituted "notice signed, authorized, or otherwise authenticated"
for "notice signed".
Subsec. (g)(2)(A)(v). Pub. L. 107-171, Sec. 10604(c)(4), inserted
"contains" before "any payment".
1996 - Subsec. (c)(4)(A). Pub. L. 104-127, Sec. 662(1),
substituted "of the statement, or, in the case of a State which
(under the applicable State law provisions of the Uniform
Commercial Code) allows the electronic filing of financing
statements without the signature of the debtor, is an
electronically reproduced copy of the statement" for "thereof".
Subsec. (c)(4)(B), (C). Pub. L. 104-127, Sec. 662(2), inserted
"other than in the case of an electronically reproduced copy of the
statement," before "is".
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as an Effective
Date note under section 8701 of this title.
-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
-FOOTNOTE-
(!1) So in original. Probably should be "pursuant to subparagraph
(D)".
(!2) So in original. Another par. (5) follows par. (11).
(!3) So in original. Another par. (5) follows par. (4).
-End-
-CITE-
7 USC Sec. 1632 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1632. Repealed.
-MISC1-
Sec. 1632. Repealed. Pub. L. 107-171, title VII, Sec. 7303, May 13,
2002, 116 Stat. 455.
Section, Pub. L. 99-198, title XIV, Sec. 1436, Dec. 23, 1985, 99
Stat. 1558, related to market expansion research.
-End-
-CITE-
7 USC Sec. 1632a 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1632a. Value-added agricultural product market development
grants
-STATUTE-
(a) Definitions
In this section:
(1) Beginning farmer or rancher
The term "beginning farmer or rancher" has the meaning given
the term in section 1991(a) of this title.
(2) Family farm
The term "family farm" has the meaning given the term in
section 761.2 of title 7, Code of Federal Regulations (as in
effect on December 30, 2007).
(3) Mid-tier value chain
The term "mid-tier value chain" means local and regional supply
networks that link independent producers with businesses and
cooperatives that market value-added agricultural products in a
manner that -
(A) targets and strengthens the profitability and
competitiveness of small and medium-sized farms and ranches
that are structured as a family farm; and
(B) obtains agreement from an eligible agricultural producer
group, farmer or rancher cooperative, or majority-controlled
producer-based business venture that is engaged in the value
chain on a marketing strategy.
(4) Socially disadvantaged farmer or rancher
The term "socially disadvantaged farmer or rancher" has the
meaning given the term in section 2003(e) of this title.
(5) Value-added agricultural product
The term "value-added agricultural product" means any
agricultural commodity or product that -
(A)(i) has undergone a change in physical state;
(ii) was produced in a manner that enhances the value of the
agricultural commodity or product, as demonstrated through a
business plan that shows the enhanced value, as determined by
the Secretary;
(iii) is physically segregated in a manner that results in
the enhancement of the value of the agricultural commodity or
product;
(iv) is a source of farm- or ranch-based renewable energy,
including E-85 fuel; or
(v) is aggregated and marketed as a locally-produced
agricultural food product; and
(B) as a result of the change in physical state or the manner
in which the agricultural commodity or product was produced,
marketed, or segregated -
(i) the customer base for the agricultural commodity or
product is expanded; and
(ii) a greater portion of the revenue derived from the
marketing, processing, or physical segregation of the
agricultural commodity or product is available to the
producer of the commodity or product.
(b) Grant program
(1) In general
From amounts made available under paragraph (7), the Secretary
shall award competitive grants -
(A) to an eligible independent producer (as determined by the
Secretary) of a value-added agricultural product to assist the
producer -
(i) in developing a business plan for viable marketing
opportunities for the value-added agricultural product; or
(ii) in developing strategies that are intended to create
marketing opportunities for the producer; and
(B) to an eligible agricultural producer group, farmer or
rancher cooperative, or majority-controlled producer-based
business venture (as determined by the Secretary) to assist the
entity -
(i) in developing a business plan for viable marketing
opportunities in emerging markets for a value-added
agricultural product; or
(ii) in developing strategies that are intended to create
marketing opportunities in emerging markets for the value-
added agricultural product.
(2) Amount of grant
(A) In general
The total amount provided under this subsection to a grant
recipient shall not exceed $500,000.
(B) Majority-controlled producer-based business ventures
The amount of grants provided to majority-controlled producer-
based business ventures under paragraph (1)(B) for a fiscal
year may not exceed 10 percent of the amount of funds that are
used to make grants for the fiscal year under this subsection.
(3) Grantee strategies
A grantee under paragraph (1) shall use the grant -
(A) to develop a business plan or perform a feasibility study
to establish a viable marketing opportunity for a value-added
agricultural product; or
(B) to provide capital to establish alliances or business
ventures that allow the producer of the value-added
agricultural product to better compete in domestic or
international markets.
(4) Term
A grant under this subsection shall have a term that does not
exceed 3 years.
(5) Simplified application
The Secretary shall offer a simplified application form and
process for project proposals requesting less than $50,000.
(6) Priority
In awarding grants under this subsection, the Secretary shall
give priority to projects that contribute to increasing
opportunities for -
(A) beginning farmers or ranchers;
(B) socially disadvantaged farmers or ranchers; and
(C) operators of small- and medium-sized farms and ranches
that are structured as a family farm.
(7) Funding
(A) Mandatory funding
On October 1, 2008, of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this subsection $15,000,000, to remain available until
expended.
(B) Discretionary funding
There is authorized to be appropriated to carry out this
subsection $40,000,000 for each of fiscal years 2008 through
2012.
(C) Reservation of funds for projects to benefit beginning
farmers or ranchers, socially disadvantaged farmers or
ranchers, and mid-tier value chains
(i) In general
The Secretary shall reserve 10 percent of the amounts made
available for each fiscal year under this paragraph to fund
projects that benefit beginning farmers or ranchers or
socially disadvantaged farmers or ranchers.
(ii) Mid-tier value chains
The Secretary shall reserve 10 percent of the amounts made
available for each fiscal year under this paragraph to fund
applications of eligible entities described in paragraph (1)
that propose to develop mid-tier value chains.
(iii) Unobligated amounts
Any amounts in the reserves for a fiscal year established
under clauses (i) and (ii) that are not obligated by June 30
of the fiscal year shall be available to the Secretary to
make grants under this subsection to eligible entities in any
State, as determined by the Secretary.
(c) Agricultural Marketing Resource Center pilot project
(1) Establishment
Notwithstanding the limitation on grants in subsection (b)(2),
the Secretary shall not use more than 5 percent of the funds made
available under subsection (b) to establish a pilot project (to
be known as the "Agricultural Marketing Resource Center") at an
eligible institution described in paragraph (2) that will -
(A) develop a resource center with electronic capabilities to
coordinate and provide to independent producers and processors
(as determined by the Secretary) of value-added agricultural
commodities and products of agricultural commodities
information regarding research, business, legal, financial, or
logistical assistance; and
(B) develop a strategy to establish a nationwide market
information and coordination system.
(2) Eligible institution
To be eligible to receive funding to establish the Agricultural
Marketing Resource Center, an applicant shall demonstrate to the
Secretary -
(A) the capacity and technical expertise to provide the
services described in paragraph (1)(A);
(B) an established plan outlining support of the applicant in
the agricultural community; and
(C) the availability of resources (in cash or in kind) of
definite value to sustain the Center following establishment.
(d) Matching funds
A recipient of funds under subsection (a) or (b) shall contribute
an amount of non-Federal funds that is at least equal to the amount
of Federal funds received.
(e) Limitation
Funds provided under this section may not be used for -
(1) planning, repair, rehabilitation, acquisition, or
construction of a building or facility (including a processing
facility); or
(2) the purchase, rental, or installation of fixed equipment.
-SOURCE-
(Pub. L. 106-224, title II, Sec. 231, June 20, 2000, 114 Stat. 409;
Pub. L. 107-171, title VI, Sec. 6401(a), May 13, 2002, 116 Stat.
424; Pub. L. 110-234, title VI, Sec. 6202, May 22, 2008, 122 Stat.
1206; Pub. L. 110-246, Sec. 4(a), title VI, Sec. 6202, June 18,
2008, 122 Stat. 1664, 1967.)
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
Section was enacted as part of the Agricultural Risk Protection
Act of 2000, and not as part of the Agricultural Marketing Act of
1946 which comprises this chapter.
Section was formerly set out as a note under section 1621 of this
title.
-MISC1-
AMENDMENTS
2008 - Subsec. (a). Pub. L. 110-246, Sec. 6202(a), added subsec.
(a) and struck out former subsec. (a) which defined "value-added
agricultural product".
Subsec. (b)(1). Pub. L. 110-246, Sec. 6202(b)(1), substituted
"paragraph (7)" for "paragraph (4)" in introductory provisions.
Subsec. (b)(4) to (7). Pub. L. 110-246, Sec. 6202(b)(2), added
pars. (4) to (7) and struck out former par. (4). Prior to
amendment, text read as follows: "Not later than 30 days after May
13, 2002, on October 1, 2002, and on each October 1 thereafter
through October 1, 2006, of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out this
subsection $40,000,000, to remain available until expended."
2002 - Subsecs. (a), (b). Pub. L. 107-171, Sec. 6401(a)(2), added
subsecs. (a) and (b) and struck out former subsec. (a) which
related to establishment of grant program, maximum amount per grant
recipient, and producer strategies. Former subsec. (b) redesignated
(c).
Subsec. (c). Pub. L. 107-171, Sec. 6401(a)(1), (3), redesignated
subsec. (b) as (c) and, in par. (1), substituted "subsection
(b)(2)" for "subsection (a)(2)", "5 percent" for "$5,000,000", and
"subsection (b)" for "subsection (a)" in introductory provisions.
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107-171, Sec. 6401(a)(4), which directed
amendment of subsec. (d) by substituting "subsections (b) and (c)"
for "subsections (a) and (b)", could not be executed because that
phrase does not appear.
Pub. L. 107-171, Sec. 6401(a)(1), redesignated subsec. (c) as
(d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 107-171, Sec. 6401(a)(1), redesignated
subsec. (d) as (e).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as an Effective
Date note under section 8701 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-171, title VI, Sec. 6401(b), May 13, 2002, 116 Stat.
426, provided that:
"(1) In general. - Except as provided in paragraph (2), the
amendments made by subsection (a) [amending this section] apply
beginning on October 1, 2002.
"(2) Funding. - Funds made available under section
231(b)(4)(A)(i) [probably should be 231(b)(4)] of the Agricultural
Risk Protection Act of 2000 [7 U.S.C. 1632a(b)(4)] (as amended by
subsection (a)(2)) shall be made available not later than 30 days
after the date of enactment of this Act [May 13, 2002]."
-End-
-CITE-
7 USC Sec. 1632b 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 1632b. Agriculture Innovation Center Demonstration Program
-STATUTE-
(a) Purpose
The purpose of this section is to direct the Secretary of
Agriculture to establish a demonstration program under which
agricultural producers are provided -
(1) technical assistance, consisting of engineering services,
applied research, scale production, and similar services, to
enable the agricultural producers to establish businesses to
produce value-added agricultural commodities or products;
(2) assistance in marketing, market development, and business
planning; and
(3) organizational, outreach, and development assistance to
increase the viability, growth, and sustainability of businesses
that produce value-added agricultural commodities or products.
(b) Definitions
In this section:
(1) Program
The term "Program" means the Agriculture Innovation Center
Demonstration Program established under subsection (c).
(2) Secretary
The term "Secretary" means the Secretary of Agriculture.
(c) Establishment of Program
The Secretary shall establish a demonstration program, to be
known as the "Agriculture Innovation Center Demonstration Program"
under which the Secretary shall -
(1) make grants to assist eligible entities in establishing
Agriculture Innovation Centers to enable agricultural producers
to obtain the assistance described in subsection (a); and
(2) provide assistance to eligible entities in establishing
Agriculture Innovation Centers through the research and technical
services of the Department of Agriculture.
(d) Eligibility requirements
(1) In general
An entity shall be eligible for a grant and assistance
described in subsection (c) to establish an Agriculture
Innovation Center if -
(A) the entity -
(i) has provided services similar to the services described
in subsection (a); or
(ii) demonstrates the capability of providing such
services;
(B) the application of the entity for the grant and
assistance includes a plan, in accordance with regulations
promulgated by the Secretary, that outlines -
(i) the support for the entity in the agricultural
community;
(ii) the technical and other expertise of the entity; and
(iii) the goals of the entity for increasing and improving
the ability of local agricultural producers to develop
markets and processes for value-added agricultural
commodities or products;
(C) the entity demonstrates that adequate resources (in cash
or in kind) are available, or have been committed to be made
available, to the entity, to increase and improve the ability
of local agricultural producers to develop markets and
processes for value-added agricultural commodities or products;
and
(D) the Agriculture Innovation Center of the entity has a
board of directors established in accordance with paragraph
(2).
(2) Board of directors
Each Agriculture Innovation Center of an eligible entity shall
have a board of directors composed of representatives of each of
the following groups:
(A) The 2 general agricultural organizations with the
greatest number of members in the State in which the eligible
entity is located.
(B) The department of agriculture, or similar State
department or agency, of the State in which the eligible entity
is located.
(C) Entities representing the 4 highest grossing commodities
produced in the State, determined on the basis of annual gross
cash sales.
(e) Grants and assistance
(1) In general
Subject to subsection (i), under the Program, the Secretary
shall make, on a competitive basis, annual grants to eligible
entities.
(2) Maximum amount of grants
A grant under paragraph (1) shall be in an amount that does not
exceed the lesser of -
(A) $1,000,000; or
(B) twice the dollar amount of the resources (in cash or in
kind) that the eligible entity demonstrates are available, or
have been committed to be made available, to the eligible
entity in accordance with subsection (d)(1)(C).
(3) Maximum number of grants
(A) First fiscal year of Program
In the first fiscal year of the Program, the Secretary shall
make grants to not more than 5 eligible entities.
(B) Second fiscal year of Program
In the second fiscal year of the Program, the Secretary may
make grants to -
(i) the eligible entities to which grants were made under
subparagraph (A); and
(ii) not more than 10 additional eligible entities.
(4) State limitation
(A) In general
Subject to subparagraph (B), in the first 3 fiscal years of
the Program, the Secretary shall not make a grant under the
Program to more than 1 entity in any 1 State.
(B) Collaboration
Nothing in subparagraph (A) precludes a recipient of a grant
under the Program from collaborating with any other institution
with respect to activities conducted using the grant.
(f) Use of funds
An eligible entity to which a grant is made under the Program may
use the grant only for the following purposes (but only to the
extent that the use is not described in section 1632a(d) of this
title):
(1) Applied research.
(2) Consulting services.
(3) Hiring of employees, at the discretion of the board of
directors of the Agriculture Innovation Center of the eligible
entity.
(4) The making of matching grants, each of which shall be in an
amount not to exceed $5,000, to agricultural producers, except
that the aggregate amount of all such matching grants made by the
eligible entity shall be not more than $50,000.
(5) Legal services.
(6) Any other related cost, as determined by the Secretary.
(g) Research on effects on the agricultural sector
(1) In general
Of the amount made available under subsection (i) for each
fiscal year, the Secretary shall use $300,000 to support research
at a university concerning the effects of projects for value-
added agricultural commodities or products on agricultural
producers and the commodity markets.
(2) Research elements
Research under paragraph (1) shall systematically examine,
using linked, long-term, global projections of the agricultural
sector, the potential effects of projects described in
subparagraph (A) (!1) on -
(A) demand for agricultural commodities;
(B) market prices;
(C) farm income; and
(D) Federal outlays on commodity programs.
(h) Report to Congress
(1) In general
Not later than 3 years after the date on which the last of the
first 10 grants is made under the Program, 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 on -
(A) the effectiveness of the Program in improving and
expanding the production of value-added agricultural
commodities or products; and
(B) the effects of the Program on the economic viability of
agricultural producers.
(2) Required elements
The report under paragraph (1) shall -
(A) include a description of the best practices and
innovations found at each of the Agriculture Innovation Centers
established under the Program; and
(B) specify the number and type of activities assisted, and
the type of assistance provided, under the Program.
(i) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry
out this section $6,000,000 for each of fiscal years 2008 through
2012.
-SOURCE-
(Pub. L. 107-171, title VI, Sec. 6402, May 13, 2002, 116 Stat. 426;
Pub. L. 110-234, title VI, Sec. 6203, May 22, 2008, 122 Stat. 1207;
Pub. L. 110-246, Sec. 4(a), title VI, Sec. 6203, June 18, 2008, 122
Stat. 1664, 1969.)
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
Section was enacted as part of the Farm Security and Rural
Investment Act of 2002, and not as part of the Agricultural
Marketing Act of 1946 which comprises this chapter.
Section was formerly set out as a note under section 1621 of this
title.
-MISC1-
AMENDMENTS
2008 - Subsec. (i). Pub. L. 110-246, Sec. 6203, added subsec. (i)
and struck out former subsec. (i). Prior to amendment, text read as
follows: "Of the amount made available under section 231(a)(1) of
the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note;
Public Law 106-224) for each fiscal year, the Secretary shall use
to carry out this section -
"(1) not less than $3,000,000 for fiscal year 2002; and
"(2) not less than $6,000,000 for each of fiscal years 2003 and
2004."
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as an Effective
Date note under section 8701 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "paragraph (1)".
-End-
-CITE-
7 USC SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
-HEAD-
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
-End-
-CITE-
7 USC Part A - Purpose; Definitions 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part A - Purpose; Definitions
-HEAD-
PART A - PURPOSE; DEFINITIONS
-End-
-CITE-
7 USC Sec. 1635 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part A - Purpose; Definitions
-HEAD-
Sec. 1635. Purpose
-STATUTE-
The purpose of this subchapter is to establish a program of
information regarding the marketing of cattle, swine, lambs, and
products of such livestock that -
(1) provides information that can be readily understood by
producers, packers, and other market participants, including
information with respect to the pricing, contracting for
purchase, and supply and demand conditions for livestock,
livestock production, and livestock products;
(2) improves the price and supply reporting services of the
Department of Agriculture; and
(3) encourages competition in the marketplace for livestock and
livestock products.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 211, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1188.)
-MISC1-
LIVESTOCK MANDATORY REPORTING
Pub. L. 106-78, title IX, Oct. 22, 1999, 113 Stat. 1188, as
amended by Pub. L. 108-444, Sec. 1, Dec. 3, 2004, 118 Stat. 2635;
Pub. L. 109-296, Sec. 1(b), Oct. 5, 2006, 120 Stat. 1464, provided
that:
"SEC. 901. SHORT TITLE.
"This title [enacting sections 198 to 198b and 1635 to 1636h of
this title and this note, amending sections 192 and 5712 of this
title, repealing section 229a of this title, and amending
provisions set out as a note under section 1421 of this title] may
be cited as the 'Livestock Mandatory Reporting Act of 1999'.
"SUBTITLE A - LIVESTOCK MANDATORY REPORTING
"SEC. 911. LIVESTOCK MANDATORY REPORTING.
"[Enacted this subchapter.]
"SEC. 912. UNJUST DISQUALIFICATION.
"[Amended section 192 of this title.]
"SEC. 913. CONFORMING AMENDMENTS.
"(a) [Repealed section 229a of this title.]
"(b) [Amended section 101(a) [title XI, Sec. 1127] of Pub. L. 105-
277, former 7 U.S.C. 1421 note.]
"SUBTITLE B - RELATED BEEF REPORTING PROVISIONS
"SEC. 921. BEEF EXPORT REPORTING.
"[Amended section 5712 of this title.]
"SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS.
"Not later than 1 year after the date of the enactment of this
Act [Oct. 22, 1999], the Secretary of Agriculture shall fully
implement a program, through the use of a streamlined electronic
online system, to issue and report export certificates for all meat
and meat products.
"SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE.
"(a) In General. - The Secretary of Agriculture shall -
"(1) obtain information regarding the import of beef and beef
variety meats (consistent with the information categories
reported for beef exports under section 602(a) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle
using available information sources; and
"(2) publish the information in a timely manner weekly and in a
form that maximizes the utility of the information to beef
producers, packers, and other market participants.
"(b) Content. - The published information shall include
information reporting the year-to-date cumulative annual imports of
beef, beef variety meats, and cattle for the current and prior
marketing years.
"SEC. 924. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated such sums as are
necessary to carry out sections 922 and 923.
"SUBTITLE C - RELATED SWINE REPORTING PROVISIONS
"SEC. 931. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT.
"(a) In General. - Effective beginning not later than 90 days
after the date of the enactment of this Act [Oct. 22, 1999], the
Secretary of Agriculture shall publish on a monthly basis the Hogs
and Pigs Inventory Report.
"(b) Gestating Sows. - The Secretary shall include in a separate
category of the Report the number of bred female swine that are
assumed, or have been confirmed, to be pregnant during the
reporting period.
"(c) Phase-Out. - Effective for a period of eight quarters after
the implementation of the monthly report required under subsection
(a), the Secretary shall continue to maintain and publish on a
quarterly basis the Hogs and Pigs Inventory Report published on or
before the date of the enactment of this Act.
"SEC. 932. BARROW AND GILT SLAUGHTER.
"(a) In General. - The Secretary of Agriculture shall promptly
obtain and maintain, through an appropriate collection system or
valid sampling system at packing plants, information on the total
slaughter of swine that reflects differences in numbers between
barrows and gilts, as determined by the Secretary.
"(b) Availability. - The information shall be made available to
swine producers, packers, and other market participants in a report
published by the Secretary not less frequently than weekly.
"(c) Administration. -
"(1) In general. - The Secretary shall administer the
collection and compilation of information, and the publication of
the report, required by this section.
"(2) Nondelegation. - The Secretary shall not delegate the
collection, compilation, or administration of the information
required by this section to any packer (as defined in section 201
of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)).
"SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT.
"(a) In General. - The Secretary of Agriculture shall contract
with a qualified contractor to conduct a correlation study and
prepare a report establishing a baseline and standards for
determining and improving average trim loss measurements and
processing techniques for pork processors to employ in the
slaughter of swine.
"(b) Correlation Study and Report. - The study and report shall -
"(1) analyze processing techniques that would assist the pork
processing industry in improving procedures for uniformity and
transparency in how trim loss is discounted (in dollars per
hundred pounds carcass weight) by different packers and
processors;
"(2) analyze slaughter inspection procedures that could be
improved so that trimming procedures and policies of the
Secretary are uniform to the maximum extent determined
practicable by the Secretary;
"(3) determine how the Secretary may be able to foster improved
breeding techniques and animal handling and transportation
procedures through training programs made available to swine
producers so as to minimize trim loss in slaughter processing;
and
"(4) make recommendations that are designed to effect changes
in the pork industry so as to achieve continuous improvement in
average trim losses and discounts.
"(c) Subsequent Reports on Status of Improvements and Updates in
Baseline. - Not less frequently than once every 2 years after the
initial publication of the report required under this section, the
Secretary shall make subsequent periodic reports that -
"(1) examine the status of the improvement in reducing trim
loss discounts in the pork processing industry; and
"(2) update the baseline to reflect changes in trim loss
discounts.
"(d) Submission of Reports to Congress, Producers, Packers, and
Others. - The reports required under this section shall be made
available to -
"(1) the public on the Internet;
"(2) the Committee on Agriculture of the House of
Representatives;
"(3) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
"(4) producers and packers; and
"(5) other market participants.
"SEC. 934. SWINE PACKER MARKETING CONTRACTS.
"[Enacted sections 198 to 198b of this title.]
"SEC. 935. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated such sums as are
necessary to carry out this subtitle and the amendments made by
this subtitle.
"SUBTITLE D - IMPLEMENTATION
"SEC. 941. REGULATIONS.
"(a) In General. - Not later than 180 days after the date of the
enactment of this Act [Oct. 22, 1999], the Secretary of Agriculture
shall publish final regulations to implement this title and the
amendments made by this title.
"(b) Publication of Proposed Regulations. - Not later than 90
days after the date of the enactment of this Act, the Secretary
shall publish proposed regulations to implement this title and the
amendments made by this title.
"(c) Comment Period. - The Secretary shall provide an opportunity
for comment on the proposed regulations during the 30-day period
beginning on the date of the publication of the proposed
regulations.
"(d) Final Regulations. - Not later than 60 days after the
conclusion of the comment period, the Secretary shall publish the
final regulations and implement this title and the amendments made
by this title.
"SEC. 942. TERMINATION OF AUTHORITY.
"The authority provided by this title [enacting sections 198 to
198b and 1635 to 1636h of this title and this note, amending
sections 192 and 5712 of this title, repealing section 229a of this
title, and amending provisions set out as a note under section 1421
of this title] and the amendments made by this title (other than
section 911 of subtitle A [enacting this subchapter] and the
amendments made by that section) terminate on September 30, 2010."
-End-
-CITE-
7 USC Sec. 1635a 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part A - Purpose; Definitions
-HEAD-
Sec. 1635a. Definitions
-STATUTE-
In this subchapter:
(1) Base price
The term "base price" means the price paid for livestock,
delivered at the packing plant, before application of any
premiums or discounts, expressed in dollars per hundred pounds of
carcass weight.
(2) Basis level
The term "basis level" means the agreed-on adjustment to a
future price to establish the final price paid for livestock.
(3) Current slaughter week
The term "current slaughter week" means the period beginning
Monday, and ending Sunday, of the week in which a reporting day
occurs.
(4) F.O.B.
The term "F.O.B." means free on board, regardless of the mode
of transportation, at the point of direct shipment by the seller
to the buyer.
(5) Livestock
The term "livestock" means cattle, swine, and lambs.
(6) Lot
The term "lot" means a group of one or more livestock that is
identified for the purpose of a single transaction between a
buyer and a seller.
(7) Marketing
The term "marketing" means the sale or other disposition of
livestock, livestock products, or meat or meat food products in
commerce.
(8) Negotiated purchase
The term "negotiated purchase" means a cash or spot market
purchase by a packer of livestock from a producer under which -
(A) the base price for the livestock is determined by seller-
buyer interaction and agreement on a day; and
(B) the livestock are scheduled for delivery to the packer
not later than 14 days after the date on which the livestock
are committed to the packer.
(9) Negotiated sale
The term "negotiated sale" means a cash or spot market sale by
a producer of livestock to a packer under which -
(A) the base price for the livestock is determined by seller-
buyer interaction and agreement on a day; and
(B) the livestock are scheduled for delivery to the packer
not later than 14 days after the date on which the livestock
are committed to the packer.
(10) Prior slaughter week
The term "prior slaughter week" means the Monday through Sunday
prior to a reporting day.
(11) Producer
The term "producer" means any person engaged in the business of
selling livestock to a packer for slaughter (including the sale
of livestock from a packer to another packer).
(12) Reporting day
The term "reporting day" means a day on which -
(A) a packer conducts business regarding livestock committed
to the packer, or livestock purchased, sold, or slaughtered by
the packer;
(B) the Secretary is required to make information concerning
the business described in subparagraph (A) available to the
public; and
(C) the Department of Agriculture is open to conduct
business.
(13) Secretary
The term "Secretary" means the Secretary of Agriculture.
(14) State
The term "State" means each of the 50 States.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 212, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1188.)
-End-
-CITE-
7 USC Part B - Cattle Reporting 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part B - Cattle Reporting
-HEAD-
PART B - CATTLE REPORTING
-End-
-CITE-
7 USC Sec. 1635d 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part B - Cattle Reporting
-HEAD-
Sec. 1635d. Definitions
-STATUTE-
In this part:
(1) Cattle committed
The term "cattle committed" means cattle that are scheduled to
be delivered to a packer within the 7-day period beginning on the
date of an agreement to sell the cattle.
(2) Cattle type
The term "cattle type" means the following types of cattle
purchased for slaughter:
(A) Fed steers.
(B) Fed heifers.
(C) Fed Holsteins and other fed dairy steers and heifers.
(D) Cows.
(E) Bulls.
(3) Formula marketing arrangement
The term "formula marketing arrangement" means the advance
commitment of cattle for slaughter by any means other than
through a negotiated purchase or a forward contract, using a
method for calculating price in which the price is determined at
a future date.
(4) Forward contract
The term "forward contract" means -
(A) an agreement for the purchase of cattle, executed in
advance of slaughter, under which the base price is established
by reference to -
(i) prices quoted on the Chicago Mercantile Exchange; or
(ii) other comparable publicly available prices; or
(B) such other forward contract as the Secretary determines
to be applicable.
(5) Packer
The term "packer" means any person engaged in the business of
buying cattle in commerce for purposes of slaughter, of
manufacturing or preparing meats or meat food products from
cattle for sale or shipment in commerce, or of marketing meats or
meat food products from cattle in an unmanufactured form acting
as a wholesale broker, dealer, or distributor in commerce, except
that -
(A) the term includes only a cattle processing plant that is
federally inspected;
(B) for any calendar year, the term includes only a cattle
processing plant that slaughtered an average of at least
125,000 head of cattle per year during the immediately
preceding 5 calendar years; and
(C) in the case of a cattle processing plant that did not
slaughter cattle during the immediately preceding 5 calendar
years, the Secretary shall consider the plant capacity of the
processing plant in determining whether the processing plant
should be considered a packer under this part.
(6) Packer-owned cattle
The term "packer-owned cattle" means cattle that a packer owns
for at least 14 days immediately before slaughter.
(7) Terms of trade
The term "terms of trade" includes, with respect to the
purchase of cattle for slaughter -
(A) whether a packer provided any financing agreement or
arrangement with regard to the cattle;
(B) whether the delivery terms specified the location of the
producer or the location of the packer's plant;
(C) whether the producer is able to unilaterally specify the
date and time during the business day of the packer that the
cattle are to be delivered for slaughter; and
(D) the percentage of cattle purchased by a packer as a
negotiated purchase that are delivered to the plant for
slaughter more than 7 days, but fewer than 14 days, after the
earlier of -
(i) the date on which the cattle were committed to the
packer; or
(ii) the date on which the cattle were purchased by the
packer.
(8) Type of purchase
The term "type of purchase", with respect to cattle, means -
(A) a negotiated purchase;
(B) a formula market arrangement; and
(C) a forward contract.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 221, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1189.)
-End-
-CITE-
7 USC Sec. 1635e 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part B - Cattle Reporting
-HEAD-
Sec. 1635e. Mandatory reporting for live cattle
-STATUTE-
(a) Establishment
The Secretary shall establish a program of live cattle price
information reporting that will -
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the cattle slaughtering industry.
(b) General reporting provisions applicable to packers and the
Secretary
(1) In general
Whenever the prices or quantities of cattle are required to be
reported or published under this section, the prices or
quantities shall be categorized so as to clearly delineate -
(A) the prices or quantities, as applicable, of the cattle
purchased in the domestic market; and
(B) the prices or quantities, as applicable, of imported
cattle.
(2) Packer-owned cattle
Information required under this section for packer-owned cattle
shall include quantity and carcass characteristics, but not
price.
(c) Daily reporting
(1) In general
The corporate officers or officially designated representatives
of each packer processing plant shall report to the Secretary at
least twice each reporting day (including once not later than
10:00 a.m. Central Time and once not later than 2:00 p.m. Central
Time) the following information for each cattle type:
(A) The prices for cattle (per hundredweight) established on
that day, categorized by -
(i) type of purchase;
(ii) the quantity of cattle purchased on a live weight
basis;
(iii) the quantity of cattle purchased on a dressed weight
basis;
(iv) a range of the estimated live weights of the cattle
purchased;
(v) an estimate of the percentage of the cattle purchased
that were of a quality grade of choice or better; and
(vi) any premiums or discounts associated with -
(I) weight, grade, or yield; or
(II) any type of purchase.
(B) The quantity of cattle delivered to the packer (quoted in
numbers of head) on that day, categorized by -
(i) type of purchase;
(ii) the quantity of cattle delivered on a live weight
basis; and
(iii) the quantity of cattle delivered on a dressed weight
basis.
(C) The quantity of cattle committed to the packer (quoted in
numbers of head) as of that day, categorized by -
(i) type of purchase;
(ii) the quantity of cattle committed on a live weight
basis; and
(iii) the quantity of cattle committed on a dressed weight
basis.
(D) The terms of trade regarding the cattle, as applicable.
(2) Publication
The Secretary shall make the information available to the
public not less frequently than three times each reporting day.
(d) Weekly reporting
(1) In general
The corporate officers or officially designated representatives
of each packer processing plant shall report to the Secretary, on
the first reporting day of each week, not later than 9:00 a.m.
Central Time, the following information applicable to the prior
slaughter week:
(A) The quantity of cattle purchased through a forward
contract that were slaughtered.
(B) The quantity of cattle delivered under a formula
marketing arrangement that were slaughtered.
(C) The quantity and carcass characteristics of packer-owned
cattle that were slaughtered.
(D) The quantity, basis level, and delivery month for all
cattle purchased through forward contracts that were agreed to
by the parties.
(E) The range and average of intended premiums and discounts
that are expected to be in effect for the current slaughter
week.
(2) Formula purchases
The corporate officers or officially designated representatives
of each packer processing plant shall report to the Secretary, on
the first reporting day of each week, not later than 9:00 a.m.
Central Time, the following information for cattle purchased
through a formula marketing arrangement and slaughtered during
the prior slaughter week:
(A) The quantity (quoted in both numbers of head and
hundredweights) of cattle.
(B) The weighted average price paid for a carcass, including
applicable premiums and discounts.
(C) The range of premiums and discounts paid.
(D) The weighted average of premiums and discounts paid.
(E) The range of prices paid.
(F) The aggregate weighted average price paid for a carcass.
(G) The terms of trade regarding the cattle, as applicable.
(3) Publication
The Secretary shall make available to the public the
information obtained under paragraphs (1) and (2) on the first
reporting day of the current slaughter week, not later than 10:00
a.m. Central Time.
(e) Regional reporting of cattle types
(1) In general
The Secretary shall determine whether adequate data can be
obtained on a regional basis for fed Holsteins and other fed
dairy steers and heifers, cows, and bulls based on the number of
packers required to report under this section.
(2) Report
Not later than 2 years after October 22, 1999, 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 on the determination of the
Secretary under paragraph (1).
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 222, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1191.)
-End-
-CITE-
7 USC Sec. 1635f 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part B - Cattle Reporting
-HEAD-
Sec. 1635f. Mandatory packer reporting of boxed beef sales
-STATUTE-
(a) Daily reporting
The corporate officers or officially designated representatives
of each packer processing plant shall report to the Secretary at
least twice each reporting day (not less than once before, and once
after, 12:00 noon Central Time) information on total boxed beef
sales, including -
(1) the price for each lot of each negotiated boxed beef sale
(determined by seller-buyer interaction and agreement), quoted in
dollars per hundredweight (on a F.O.B. plant basis);
(2) the quantity for each lot of each sale, quoted by number of
boxes sold; and
(3) information regarding the characteristics of each lot of
each sale, including -
(A) the grade of beef (USDA Choice or better, USDA Select, or
ungraded no-roll product);
(B) the cut of beef; and
(C) the trim specification.
(b) Publication
The Secretary shall make available to the public the information
required to be reported under subsection (a) of this section not
less frequently than twice each reporting day.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 223, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1193.)
-End-
-CITE-
7 USC Part C - Swine Reporting 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part C - Swine Reporting
-HEAD-
PART C - SWINE REPORTING
-End-
-CITE-
7 USC Sec. 1635i 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part C - Swine Reporting
-HEAD-
Sec. 1635i. Definitions
-STATUTE-
In this part:
(1) Affiliate
The term "affiliate", with respect to a packer, means -
(A) a person that directly or indirectly owns, controls, or
holds with power to vote, 5 percent or more of the outstanding
voting securities of the packer;
(B) a person 5 percent or more of whose outstanding voting
securities are directly or indirectly owned, controlled, or
held with power to vote, by the packer; and
(C) a person that directly or indirectly controls, or is
controlled by or under common control with, the packer.
(2) Applicable reporting period
The term "applicable reporting period" means the period of time
prescribed by the prior day report, the morning report, and the
afternoon report, as required under section 1635j(c) of this
title.
(3) Barrow
The term "barrow" means a neutered male swine.
(4) Base market hog
The term "base market hog" means a barrow or gilt for which no
discounts are subtracted from and no premiums are added to the
base price.
(5) Boar
The term "boar" means a sexually-intact male swine.
(6) Formula price
The term "formula price" means a price determined by a
mathematical formula under which the price established for a
specified market serves as the basis for the formula.
(7) Gilt
The term "gilt" means a young female swine that has not
produced a litter.
(8) Hog class
The term "hog class" means, as applicable -
(A) barrows or gilts;
(B) sows; or
(C) boars or stags.
(9) Noncarcass merit premium
The term "noncarcass merit premium" means an increase in the
base price of the swine offered by an individual packer or
packing plant, based on any factor other than the characteristics
of the carcass, if the actual amount of the premium is known
before the sale and delivery of the swine.
(10) Other market formula purchase
(A) In general
The term "other market formula purchase" means a purchase of
swine by a packer in which the pricing mechanism is a formula
price based on any market other than the market for swine,
pork, or a pork product.
(B) Inclusion
The term "other market formula purchase" includes a formula
purchase in a case in which the price formula is based on one
or more futures or options contracts.
(11) Other purchase arrangement
The term "other purchase arrangement" means a purchase of swine
by a packer that -
(A) is not a negotiated purchase, swine or pork market
formula purchase, or other market formula purchase; and
(B) does not involve packer-owned swine.
(12) Packer
The term "packer" means any person engaged in the business of
buying swine in commerce for purposes of slaughter, of
manufacturing or preparing meats or meat food products from swine
for sale or shipment in commerce, or of marketing meats or meat
food products from swine in an unmanufactured form acting as a
wholesale broker, dealer, or distributor in commerce, except that
-
(A) the term includes only a swine processing plant that is
federally inspected;
(B) for any calendar year, the term includes only -
(i) a swine processing plant that slaughtered an average of
at least 100,000 swine per year during the immediately
preceding five calendar years; and
(ii) a person that slaughtered an average of at least
200,000 sows, boars, or any combination thereof, per year
during the immediately preceding five calendar years; and
(C) in the case of a swine processing plant or person that
did not slaughter swine during the immediately preceding 5
calendar years, the Secretary shall consider the plant capacity
of the processing plant or person in determining whether the
processing plant or person should be considered a packer under
this part.
(13) Packer-owned swine
The term "packer-owned swine" means swine that a packer
(including a subsidiary or affiliate of the packer) owns for at
least 14 days immediately before slaughter.
(14) Packer-sold swine
The term "packer-sold swine" means the swine that are -
(A) owned by a packer (including a subsidiary or affiliate of
the packer) for more than 14 days immediately before sale for
slaughter; and
(B) sold for slaughter to another packer.
(15) Pork
The term "pork" means the meat of a porcine animal.
(16) Pork product
The term "pork product" means a product or byproduct produced
or processed in whole or in part from pork.
(17) Purchase data
The term "purchase data" means all of the applicable data,
including weight (if purchased live), for all swine purchased
during the applicable reporting period, regardless of the
expected delivery date of the swine, reported by -
(A) hog class;
(B) type of purchase; and
(C) packer-owned swine.
(18) Slaughter data
The term "slaughter data" means all of the applicable data for
all swine slaughtered by a packer during the applicable reporting
period, regardless of when the price of the swine was negotiated
or otherwise determined, reported by -
(A) hog class;
(B) type of purchase; and
(C) packer-owned swine.
(19) Sow
The term "sow" means an adult female swine that has produced
one or more litters.
(20) Swine
The term "swine" means a porcine animal raised to be a feeder
pig, raised for seedstock, or raised for slaughter.
(21) Swine or pork market formula purchase
The term "swine or pork market formula purchase" means a
purchase of swine by a packer in which the pricing mechanism is a
formula price based on a market for swine, pork, or a pork
product, other than a future or option for swine, pork, or a pork
product.
(22) Type of purchase
The term "type of purchase", with respect to swine, means -
(A) a negotiated purchase;
(B) other market formula purchase;
(C) a swine or pork market formula purchase; and
(D) other purchase arrangement.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 231, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1193; amended
Pub. L. 109-296, Sec. 2, Oct. 5, 2006, 120 Stat. 1464.)
-MISC1-
AMENDMENTS
2006 - Par. (4). Pub. L. 109-296, Sec. 2(a), reenacted heading
without change and amended text generally. Prior to amendment, text
read as follows: "The term 'base market hog' means a hog for which
no discounts are subtracted from and no premiums are added to the
base price."
Par. (5). Pub. L. 109-296, Sec. 2(b), amended heading and text of
par. (5) generally. Prior to amendment, text read as follows: "The
term 'bred female swine' means any female swine, whether a sow or
gilt, that has been mated or inseminated and is assumed, or has
been confirmed, to be pregnant."
Par. (12)(B). Pub. L. 109-296, Sec. 2(c)(1), added subpar. (B)
and struck out former subpar. (B) which read as follows: "for any
calendar year, the term includes only a swine processing plant that
slaughtered an average of at least 100,000 swine per year during
the immediately preceding 5 calendar years; and".
Par. (12)(C). Pub. L. 109-296, Sec. 2(c)(2), inserted "or person"
after "swine processing plant", "plant capacity of the processing
plant", and "determining whether the processing plant".
-End-
-CITE-
7 USC Sec. 1635j 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part C - Swine Reporting
-HEAD-
Sec. 1635j. Mandatory reporting for swine
-STATUTE-
(a) Establishment
The Secretary shall establish a program of swine price
information reporting that will -
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the swine slaughtering industry.
(b) General reporting provisions applicable to packers and the
Secretary
(1) In general
The Secretary shall establish and implement a price reporting
program in accordance with this section that includes the
reporting and publication of information required under this
section.
(2) Packer-owned swine
Information required under this section for packer-owned swine
shall include quantity and carcass characteristics, but not
price.
(3) Packer-sold swine
If information regarding the type of purchase is required under
this section, the information shall be reported according to the
numbers and percentages of each type of purchase comprising -
(A) packer-sold swine; and
(B) all other swine.
(4) Additional information
(A) Review
The Secretary shall review the information required to be
reported by packers under this section at least once every 2
years.
(B) Outdated information
After public notice and an opportunity for comment, subject
to subparagraph (C), the Secretary shall promulgate regulations
that specify additional information that shall be reported
under this section if the Secretary determines under the review
under subparagraph (A) that -
(i) information that is currently required no longer
accurately reflects the methods by which swine are valued and
priced by packers; or
(ii) packers that slaughter a significant majority of the
swine produced in the United States no longer use backfat or
lean percentage factors as indicators of price.
(C) Limitation
Under subparagraph (B), the Secretary may not require packers
to provide any new or additional information that -
(i) is not generally available or maintained by packers; or
(ii) would be otherwise unduly burdensome to provide.
(c) Daily reporting; barrows and gilts
(1) Prior day report
(A) In general
The corporate officers or officially designated
representatives of each packer processing plant that processes
barrows or gilts shall report to the Secretary, for each
business day of the packer, such information as the Secretary
determines necessary and appropriate to -
(i) comply with the publication requirements of this
section; and
(ii) provide for the timely access to the information by
producers, packers, and other market participants.
(B) Reporting deadline and plants required to report
A packer required to report under subparagraph (A) shall -
(i) not later than 7:00 a.m. Central Time on each reporting
day, report information regarding all barrows and gilts
purchased or priced, and
(ii) not later than 9:00 a.m. Central Time on each
reporting day, report information regarding all barrows and
gilts slaughtered,
during the prior business day of the packer.
(C) Information required
The information from the prior business day of a packer
required under this paragraph shall include -
(i) all purchase data, including -
(I) the total number of -
(aa) barrows and gilts purchased; and
(bb) barrows and gilts scheduled for delivery; and
(II) the base price and purchase data for slaughtered
barrows and gilts for which a price has been established;
(ii) all slaughter data for the total number of barrows and
gilts slaughtered, including -
(I) information concerning the net price, which shall be
equal to the total amount paid by a packer to a producer
(including all premiums, less all discounts) per hundred
pounds of carcass weight of barrows and gilts delivered at
the plant -
(aa) including any sum deducted from the price per
hundredweight paid to a producer that reflects the
repayment of a balance owed by the producer to the packer
or the accumulation of a balance to later be repaid by
the packer to the producer; and
(bb) excluding any sum earlier paid to a producer that
must later be repaid to the packer;
(II) information concerning the average net price, which
shall be equal to the quotient (stated per hundred pounds
of carcass weight of barrows and gilts) obtained by
dividing -
(aa) the total amount paid for the barrows and gilts
slaughtered at a packing plant during the applicable
reporting period, including all premiums and discounts,
and including any sum deducted from the price per
hundredweight paid to a producer that reflects the
repayment of a balance owed by the producer to the
packer, or the accumulation of a balance to later be
repaid by the packer to the producer, less all discounts;
by
(bb) the total carcass weight (in hundred pound
increments) of the barrows and gilts;
(III) information concerning the lowest net price, which
shall be equal to the lowest net price paid for a single
lot or a group of barrows or gilts slaughtered at a packing
plant during the applicable reporting period per hundred
pounds of carcass weight of barrows and gilts;
(IV) information concerning the highest net price, which
shall be equal to the highest net price paid for a single
lot or group of barrows or gilts slaughtered at a packing
plant during the applicable reporting period per hundred
pounds of carcass weight of barrows and gilts;
(V) the average carcass weight, which shall be equal to
the quotient obtained by dividing -
(aa) the total carcass weight of the barrows and gilts
slaughtered at the packing plant during the applicable
reporting period, by
(bb) the number of the barrows and gilts described in
item (aa),
adjusted for special slaughter situations (such as skinning
or foot removal), as the Secretary determines necessary to
render comparable carcass weights;
(VI) the average sort loss, which shall be equal to the
average discount (in dollars per hundred pounds carcass
weight) for barrows and gilts slaughtered during the
applicable reporting period, resulting from the fact that
the barrows and gilts did not fall within the individual
packer's established carcass weight or lot variation range;
(VII) the average backfat, which shall be equal to the
average of the backfat thickness (in inches) measured
between the third and fourth from the last ribs, 7
centimeters from the carcass split (or adjusted from the
individual packer's measurement to that reference point
using an adjustment made by the Secretary) of the barrows
and gilts slaughtered during the applicable reporting
period;
(VIII) the average lean percentage, which shall be equal
to the average percentage of the carcass weight comprised
of lean meat for the barrows and gilts slaughtered during
the applicable reporting period, except that when a packer
is required to report the average lean percentage under
this subclause, the packer shall make available to the
Secretary the underlying data, applicable methodology and
formulae, and supporting materials used to determine the
average lean percentage, which the Secretary may convert to
the carcass measurements or lean percentage of the barrows
and gilts of the individual packer to correlate to a common
percent lean measurement; and
(IX) the total slaughter quantity, which shall be equal
to the total number of barrows and gilts slaughtered during
the applicable reporting period, including all types of
purchases and barrows and gilts that qualify as packer-
owned swine; and
(iii) packer purchase commitments, which shall be equal to
the number of barrows and gilts scheduled for delivery to a
packer for slaughter for each of the next 14 calendar days.
(D) Publication
(i) In general
The Secretary shall publish the information obtained under
this paragraph in a prior day report -
(I) in the case of information regarding barrows and
gilts purchased or priced, not later than 8:00 a.m. Central
Time, and
(II) in the case of information regarding barrows and
gilts slaughtered, not later than 10:00 a.m. Central Time,
on the reporting day on which the information is received
from the packer.
(ii) Price distributions
The information published by the Secretary under clause (i)
shall include a distribution of net prices in the range
between and including the lowest net price and the highest
net price reported. The publication shall include a
delineation of the number of barrows and gilts at each
reported price level or, at the option of the Secretary, the
number of barrows and gilts within each of a series of
reasonable price bands within the range of prices.
(2) Morning report
(A) In general
The corporate officers or officially designated
representatives of each packer processing plant that processes
barrows or gilts shall report to the Secretary not later than
10:00 a.m. Central Time each reporting day -
(i) the packer's best estimate of the total number of
barrows and gilts, and barrows and gilts that qualify as
packer-owned swine, expected to be purchased throughout the
reporting day through each type of purchase;
(ii) the total number of barrows and gilts, and barrows and
gilts that qualify as packer-owned swine, purchased up to
that time of the reporting day through each type of purchase;
(iii) the base price paid for all base market hogs
purchased up to that time of the reporting day through
negotiated purchases; and
(iv) the base price paid for all base market hogs purchased
through each type of purchase other than negotiated purchase
up to that time of the reporting day, unless such information
is unavailable due to pricing that is determined on a delayed
basis.
(B) Publication
The Secretary shall publish the information obtained under
this paragraph in the morning report as soon as practicable,
but not later than 11:00 a.m. Central Time, on each reporting
day.
(3) Afternoon report
(A) In general
The corporate officers or officially designated
representatives of each packer processing plant that processes
barrows or gilts shall report to the Secretary not later than
2:00 p.m. Central Time each reporting day -
(i) the packer's best estimate of the total number of
barrows and gilts, and barrows and gilts that qualify as
packer-owned swine, expected to be purchased throughout the
reporting day through each type of purchase;
(ii) the total number of barrows and gilts, and barrows and
gilts that qualify as packer-owned swine, purchased up to
that time of the reporting day through each type of purchase;
(iii) the base price paid for all base market hogs
purchased up to that time of the reporting day through
negotiated purchases; and
(iv) the base price paid for all base market hogs purchased
up to that time of the reporting day through each type of
purchase other than negotiated purchase, unless such
information is unavailable due to pricing that is determined
on a delayed basis.
(B) Publication
The Secretary shall publish the information obtained under
this paragraph in the afternoon report as soon as practicable,
but not later than 3:00 p.m. Central Time, on each reporting
day.
(d) Daily reporting; sows and boars
(1) Prior day report
The corporate officers or officially designated representatives
of each packer of sows and boars shall report to the Secretary,
for each business day of the packer, such information reported by
hog class as the Secretary determines necessary and appropriate
to -
(A) comply with the publication requirements of this section;
and
(B) provide for the timely access to the information by
producers, packers, and other market participants.
(2) Reporting
Not later than 9:30 a.m. Central Time, or such other time as
the Secretary considers appropriate, on each reporting day, a
packer required to report under paragraph (1) shall report
information regarding all sows and boars purchased or priced
during the prior business day of the packer.
(3) Information required
The information from the prior business day of a packer
required under this subsection shall include all purchase data,
including -
(A) the total number of sows purchased and the total number
of boars purchased, each divided into at least three reasonable
and meaningful weight classes specified by the Secretary;
(B) the number of sows that qualify as packer-owned swine;
(C) the number of boars that qualify as packer-owned swine;
(D) the average price paid for all sows;
(E) the average price paid for all boars;
(F) the average price paid for sows in each weight class
specified by the Secretary under subparagraph (A);
(G) the average price paid for boars in each weight class
specified by the Secretary under subparagraph (A);
(H) the number of sows and the number of boars for which
prices are determined, by each type of purchase;
(I) the average prices for sows and the average prices for
boars for which prices are determined, by each type of
purchase; and
(J) such other information as the Secretary considers
appropriate to carry out this subsection.
(4) Price calculations without packer-owned swine
A packer shall omit the prices of sows and boars that qualify
as packer-owned swine from all average price calculations, price
range calculations, and reports required by this subsection.
(5) Reporting exception: public auction purchases
The information required to be reported under this subsection
shall not include purchases of sows or boars made by agents of
the reporting packer at a public auction at which the title of
the sows and boars is transferred directly from the producer to
such packer.
(6) Publication
The Secretary shall publish the information obtained under this
paragraph in a prior day report not later than 11:00 a.m. Central
Time on the reporting day on which the information is received
from the packer.
(7) Electronic submission of information
The Secretary of Agriculture shall provide for the electronic
submission of any information required to be reported under this
subsection through an Internet website or equivalent electronic
means maintained by the Department of Agriculture.
(e) Weekly noncarcass merit premium report
(1) In general
Not later than 4:00 p.m. Central Time on the first reporting
day of each week, the corporate officers or officially designated
representatives of each packer processing plant shall report to
the Secretary a noncarcass merit premium report that lists -
(A) each category of standard noncarcass merit premiums used
by the packer in the prior slaughter week; and
(B) the amount (in dollars per hundred pounds of carcass
weight) paid to producers by the packer, by category.
(2) Premium list
A packer shall maintain and make available to a producer, on
request, a current listing of the dollar values (per hundred
pounds of carcass weight) of each noncarcass merit premium used
by the packer during the current or the prior slaughter week.
(3) Availability
A packer shall not be required to pay a listed noncarcass merit
premium to a producer that meets the requirements for the premium
if the need for swine in a given category is filled at a
particular point in time.
(4) Publication
The Secretary shall publish the information obtained under this
subsection as soon as practicable, but not later than 5:00 p.m.
Central Time, on the first reporting day of each week.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 232, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1195; amended
Pub. L. 109-296, Secs. 3, 4, Oct. 5, 2006, 120 Stat. 1465, 1468.)
-MISC1-
AMENDMENTS
2006 - Subsec. (c). Pub. L. 109-296, Sec. 3, amended heading and
text of subsec. (c) generally. Prior to amendment, text related to
daily reporting.
Subsecs. (d), (e). Pub. L. 109-296, Sec. 4, added subsec. (d) and
redesignated former subsec. (d) as (e).
-End-
-CITE-
7 USC Part D - Lamb Reporting 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part D - Lamb Reporting
-HEAD-
PART D - LAMB REPORTING
-End-
-CITE-
7 USC Sec. 1635m 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part D - Lamb Reporting
-HEAD-
Sec. 1635m. Mandatory reporting for lambs
-STATUTE-
(a) Establishment
The Secretary may establish a program of mandatory lamb price
information reporting that will -
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the lamb slaughtering industry.
(b) Notice and comment
If the Secretary establishes a mandatory price reporting program
under subsection (a) of this section, the Secretary shall provide
an opportunity for comment on proposed regulations to establish the
program during the 30-day period beginning on the date of the
publication of the proposed regulations.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 241, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1200.)
-End-
-CITE-
7 USC Part E - Administration 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
PART E - ADMINISTRATION
-End-
-CITE-
7 USC Sec. 1636 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636. General provisions
-STATUTE-
(a) Confidentiality
The Secretary shall make available to the public information,
statistics, and documents obtained from, or submitted by, packers,
retail entities, and other persons under this subchapter in a
manner that ensures that confidentiality is preserved regarding -
(1) the identity of persons, including parties to a contract;
and
(2) proprietary business information.
(b) Disclosure by Federal Government employees
(1) In general
Subject to paragraph (2), no officer, employee, or agent of the
United States shall, without the consent of the packer or other
person concerned, divulge or make known in any manner, any facts
or information regarding the business of the packer or other
person that was acquired through reporting required under this
subchapter.
(2) Exceptions
Information obtained by the Secretary under this subchapter may
be disclosed -
(A) to agents or employees of the Department of Agriculture
in the course of their official duties under this subchapter;
(B) as directed by the Secretary or the Attorney General, for
enforcement purposes; or
(C) by a court of competent jurisdiction.
(3) Disclosure under Freedom of Information Act
Notwithstanding any other provision of law, no facts or
information obtained under this subchapter shall be disclosed in
accordance with section 552 of title 5.
(c) Reporting by packers
A packer shall report all information required under this
subchapter on an individual lot basis.
(d) Regional reporting and aggregation
The Secretary shall make information obtained under this
subchapter available to the public only in a manner that -
(1) ensures that the information is published on a national and
a regional or statewide basis as the Secretary determines to be
appropriate;
(2) ensures that the identity of a reporting person is not
disclosed; and
(3) conforms to aggregation guidelines established by the
Secretary.
(e) Adjustments
Prior to the publication of any information required under this
subchapter, the Secretary may make reasonable adjustments in
information reported by packers to reflect price aberrations or
other unusual or unique occurrences that the Secretary determines
would distort the published information to the detriment of
producers, packers, or other market participants.
(f) Verification
The Secretary shall take such actions as the Secretary considers
necessary to verify the accuracy of the information submitted or
reported under part B, C, or D of this subchapter.
(g) Electronic reporting and publishing
(1) In general
The Secretary shall, to the maximum extent practicable, provide
for the reporting and publishing of the information required
under this subchapter by electronic means.
(2) Improvements and education
(A) Enhanced electronic publishing
The Secretary shall develop and implement an enhanced system
of electronic publishing to disseminate information collected
pursuant to this subchapter. Such system shall -
(i) present information in a format that can be readily
understood by producers, packers, and other market
participants;
(ii) adhere to the publication deadlines in this
subchapter;
(iii) present information in charts and graphs, as
appropriate;
(iv) present comparative information for prior reporting
periods, as the Secretary considers appropriate; and
(v) be updated as soon as practicable after information is
reported to the Secretary.
(B) Education
The Secretary shall carry out a market news education program
to educate the public and persons in the livestock and meat
industries about -
(i) usage of the system developed under subparagraph (A);
and
(ii) interpreting and understanding information collected
and disseminated through such system.
(h) Reporting of activities on weekends and holidays
(1) In general
Livestock committed to a packer, or purchased, sold, or
slaughtered by a packer, on a weekend day or holiday shall be
reported by the packer to the Secretary (to the extent required
under this subchapter), and reported by the Secretary, on the
immediately following reporting day.
(2) Limitation on reporting by packers
A packer shall not be required to report actions under
paragraph (1) more than once on the immediately following
reporting day.
(i) Effect on other laws
Nothing in this subchapter, the Livestock Mandatory Reporting Act
of 1999, or amendments made by that Act restricts or modifies the
authority of the Secretary to -
(1) administer or enforce the Packers and Stockyards Act, 1921
(7 U.S.C. 181 et seq.);
(2) administer, enforce, or collect voluntary reports under
this chapter or any other law; or
(3) access documentary evidence as provided under sections 49
and 50 of title 15.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 251, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1200; amended
Pub. L. 110-234, title XI, Sec. 11001(a)(1), May 22, 2008, 122
Stat. 1350; Pub. L. 110-246, Sec. 4(a), title XI, Sec. 11001(a)(1),
June 18, 2008, 122 Stat. 1664, 2112.)
-REFTEXT-
REFERENCES IN TEXT
The Livestock Mandatory Reporting Act of 1999, referred to in
subsec. (i), is title IX of Pub. L. 106-78, Oct. 22, 1999, 113
Stat. 1188, which is set out as a note under section 1635 of this
title.
The Packers and Stockyards Act, 1921, referred to in subsec.
(i)(1), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended,
which is classified generally to chapter 9 (Sec. 181 et seq.) of
this title. For complete classification of this Act to the Code,
see section 181 of this title and Tables.
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
-MISC1-
AMENDMENTS
2008 - Subsec. (g). Pub. L. 110-246, Sec. 11001(a)(1), amended
subsec. (g) generally. Prior to amendment, text read as follows:
"The Secretary shall, to the maximum extent practicable, provide
for the reporting and publishing of the information required under
this subchapter by electronic means."
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as an Effective
Date note under section 8701 of this title.
IMPLEMENTATION OF ENHANCED ELECTRONIC PUBLISHING
Pub. L. 110-234, title XI, Sec. 11001(a)(2), May 22, 2008, 122
Stat. 1351, and Pub. L. 110-246, Sec. 4(a), title XI, Sec.
11001(a)(2), June 18, 2008, 122 Stat. 1664, 2112, provided that:
"(A) Enhanced reporting. - The Secretary of Agriculture shall
develop and implement the system required under paragraph (2)(A) of
section 251(g) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1636(g)), as amended by paragraph (1), not later than one year
after the date on which the Secretary determines sufficient funds
have been appropriated pursuant to subsection (c) [122 Stat. 2113].
"(B) Current system. - Notwithstanding the amendment made by
paragraph (1), the Secretary shall continue to use the information
format for disseminating information under subtitle B [7 U.S.C.
1635 et seq.] of the Agricultural Marketing Act of 1946 (7 U.S.C.
1621 et seq.) in effect on the date of the enactment of this Act
[June 18, 2008] at least until the date that is two years after the
date on which the Secretary makes the determination referred to in
subparagraph (A)."
[Pub. L. 110-234 and Pub. L. 110-246 enacted identical
provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L.
110-246, set out as a note under section 8701 of this title.]
-End-
-CITE-
7 USC Sec. 1636a 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636a. Unlawful acts
-STATUTE-
It shall be unlawful and a violation of this subchapter for any
packer or other person subject to this subchapter (in the
submission of information required under part B, C, or D of this
subchapter, as determined by the Secretary) to willfully -
(1) fail or refuse to provide, or delay the timely reporting
of, accurate information to the Secretary (including estimated
information);
(2) solicit or request that a packer, the buyer or seller of
livestock or livestock products, or any other person fail to
provide, as a condition of any transaction, accurate or timely
information required under this subchapter;
(3) fail or refuse to comply with this subchapter; or
(4) report estimated information in any report required under
this subchapter in a manner that demonstrates a pattern of
significant variance in accuracy when compared to the actual
information that is reported for the same reporting period, or as
determined by any audit, oversight, or other verification
procedures of the Secretary.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 252, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1201.)
-End-
-CITE-
7 USC Sec. 1636b 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636b. Enforcement
-STATUTE-
(a) Civil penalty
(1) In general
Any packer or other person that violates this subchapter may be
assessed a civil penalty by the Secretary of not more than
$10,000 for each violation.
(2) Continuing violation
Each day during which a violation continues shall be considered
to be a separate violation.
(3) Factors
In determining the amount of a civil penalty to be assessed
under paragraph (1), the Secretary shall consider the gravity of
the offense, the size of the business involved, and the effect of
the penalty on the ability of the person that has committed the
violation to continue in business.
(4) Multiple violations
In determining whether to assess a civil penalty under
paragraph (1), the Secretary shall consider whether a packer or
other person subject to this subchapter has engaged in a pattern
of errors, delays, or omissions in violation of this subchapter.
(b) Cease and desist
In addition to, or in lieu of, a civil penalty under subsection
(a) of this section, the Secretary may issue an order to cease and
desist from continuing any violation.
(c) Notice and hearing
No penalty shall be assessed, or cease and desist order issued,
by the Secretary under this section unless the person against which
the penalty is assessed or to which the order is issued is given
notice and opportunity for a hearing before the Secretary with
respect to the violation.
(d) Finality and judicial review
(1) In general
The order of the Secretary assessing a civil penalty or issuing
a cease and desist order under this section shall be final and
conclusive unless the affected person files an appeal of the
order of the Secretary in United States district court not later
than 30 days after the date of the issuance of the order.
(2) Standard of review
A finding of the Secretary under this section shall be set
aside only if the finding is found to be unsupported by
substantial evidence.
(e) Enforcement
(1) In general
If, after the lapse of the period allowed for appeal or after
the affirmance of a penalty assessed under this section, the
person against which the civil penalty is assessed fails to pay
the penalty, the Secretary may refer the matter to the Attorney
General who may recover the penalty by an action in United States
district court.
(2) Finality
In the action, the final order of the Secretary shall not be
subject to review.
(f) Injunction or restraining order
(1) In general
If the Secretary has reason to believe that any person subject
to this subchapter has failed or refused to provide the Secretary
information required to be reported pursuant to this subchapter,
and that it would be in the public interest to enjoin the person
from further failure to comply with the reporting requirements,
the Secretary may notify the Attorney General of the failure.
(2) Attorney General
The Attorney General may apply to the appropriate district
court of the United States for a temporary or permanent
injunction or restraining order.
(3) Court
When needed to carry out this subchapter, the court shall, on a
proper showing, issue a temporary injunction or restraining order
without bond.
(g) Failure to obey orders
(1) In general
If a person subject to this subchapter fails to obey a cease
and desist or civil penalty order issued under this subsection
after the order has become final and unappealable, or after the
appropriate United States district court has entered a final
judgment in favor of the Secretary, the United States may apply
to the appropriate district court for enforcement of the order.
(2) Enforcement
If the court determines that the order was lawfully made and
duly served and that the person violated the order, the court
shall enforce the order.
(3) Civil penalty
If the court finds that the person violated the cease and
desist provisions of the order, the person shall be subject to a
civil penalty of not more than $10,000 for each offense.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 253, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1202.)
-End-
-CITE-
7 USC Sec. 1636c 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636c. Fees
-STATUTE-
The Secretary shall not charge or assess a user fee, transaction
fee, service charge, assessment, reimbursement, or any other fee
for the submission or reporting of information, for the receipt or
availability of, or access to, published reports or information, or
for any other activity required under this subchapter.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 254, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1203.)
-End-
-CITE-
7 USC Sec. 1636d 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636d. Recordkeeping
-STATUTE-
(a) In general
Subject to subsection (b) of this section, each packer required
to report information to the Secretary under this subchapter shall
maintain, and make available to the Secretary on request, for 2
years -
(1) the original contracts, agreements, receipts and other
records associated with any transaction relating to the purchase,
sale, pricing, transportation, delivery, weighing, slaughter, or
carcass characteristics of all livestock; and
(2) such records or other information as is necessary or
appropriate to verify the accuracy of the information required to
be reported under this subchapter.
(b) Limitations
Under subsection (a)(2) of this section, the Secretary may not
require a packer to provide new or additional information if -
(1) the information is not generally available or maintained by
packers; or
(2) the provision of the information would be unduly
burdensome.
(c) Purchases of cattle or swine
A record of a purchase of a lot of cattle or a lot of swine by a
packer shall evidence whether the purchase occurred -
(1) before 10:00 a.m. Central Time;
(2) between 10:00 a.m. and 2:00 p.m. Central Time; or
(3) after 2:00 p.m. Central Time.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 255, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1203.)
-End-
-CITE-
7 USC Sec. 1636e 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636e. Voluntary reporting
-STATUTE-
The Secretary shall encourage voluntary reporting by packers (as
defined in section 191 of this title) to which the mandatory
reporting requirements of this subchapter do not apply.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 256, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1204.)
-End-
-CITE-
7 USC Sec. 1636f 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636f. Publication of information on retail purchase prices
for representative meat products
-STATUTE-
(a) In general
Beginning not later than 90 days after October 22, 1999, the
Secretary shall compile and publish at least monthly (weekly, if
practicable) information on retail prices for representative food
products made from beef, pork, chicken, turkey, veal, or lamb.
(b) Information
The report published by the Secretary under subsection (a) of
this section shall include -
(1) information on retail prices for each representative food
product described in subsection (a) of this section; and
(2) information on total sales quantity (in pounds and dollars)
for each representative food product.
(c) Meat Price Spreads Report
During the period ending 2 years after the initial publication of
the report required under subsection (a) of this section, the
Secretary shall continue to publish the Meat Price Spreads Report
in the same manner as the Report was published before October 22,
1999.
(d) Information collection
(1) In general
To ensure the accuracy of the reports required under subsection
(a) of this section, the Secretary shall obtain the information
for the reports from one or more sources including -
(A) a consistently representative set of retail transactions;
and
(B) both prices and sales quantities for the transactions.
(2) Source of information
The Secretary may -
(A) obtain the information from retailers or commercial
information sources; and
(B) use valid statistical sampling procedures, if necessary.
(3) Adjustments
In providing information on retail prices under this section,
the Secretary may make adjustments to take into account
differences in -
(A) the geographic location of consumption;
(B) the location of the principal source of supply;
(C) distribution costs; and
(D) such other factors as the Secretary determines reflect a
verifiable comparative retail price for a representative food
product.
(e) Administration
The Secretary -
(1) shall collect information under this section only on a
voluntary basis; and
(2) shall not impose a penalty on a person for failure to
provide the information or otherwise compel a person to provide
the information.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 257, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1204.)
-End-
-CITE-
7 USC Sec. 1636g 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636g. Suspension authority regarding specific terms of price
reporting requirements
-STATUTE-
(a) In general
The Secretary may suspend any requirement of this subchapter if
the Secretary determines that application of the requirement is
inconsistent with the purposes of this subchapter.
(b) Suspension procedure
(1) Period
A suspension under subsection (a) of this section shall be for
a period of not more than 240 days.
(2) Action by Congress
If an Act of Congress concerning the requirement that is the
subject of the suspension under subsection (a) of this section is
not enacted by the end of the period of the suspension
established under paragraph (1), the Secretary shall implement
the requirement.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 258, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1205.)
-End-
-CITE-
7 USC Sec. 1636h 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636h. Federal preemption
-STATUTE-
In order to achieve the goals, purposes, and objectives of this
chapter on a nationwide basis and to avoid potentially conflicting
State laws that could impede the goals, purposes, or objectives of
this chapter, no State or political subdivision of a State may
impose a requirement that is in addition to, or inconsistent with,
any requirement of this subchapter with respect to the submission
or reporting of information, or the publication of such
information, on the prices and quantities of livestock or livestock
products.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 259, as added Pub. L. 106-
78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1205.)
-End-
-CITE-
7 USC Sec. 1636i 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
Part E - Administration
-HEAD-
Sec. 1636i. Termination of authority
-STATUTE-
The authority provided by this subchapter terminates on September
30, 2010.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 260, as added Pub. L. 109-
296, Sec. 1(a), Oct. 5, 2006, 120 Stat. 1464.)
-End-
-CITE-
7 USC SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING
-HEAD-
SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING
-End-
-CITE-
7 USC Sec. 1637 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING
-HEAD-
Sec. 1637. Purpose
-STATUTE-
The purpose of this subchapter is to establish a program of
information regarding the marketing of dairy products that -
(1) provides information that can be readily understood by
producers and other market participants, including information
with respect to prices, quantities sold, and inventories of dairy
products;
(2) improves the price and supply reporting services of the
Department of Agriculture; and
(3) encourages competition in the marketplace for dairy
products.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 271, as added Pub. L. 106-
532, Sec. 2, Nov. 22, 2000, 114 Stat. 2541.)
-End-
-CITE-
7 USC Sec. 1637a 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING
-HEAD-
Sec. 1637a. Definitions
-STATUTE-
In this subchapter:
(1) Dairy products
The term "dairy products" means -
(A) manufactured dairy products that are used by the
Secretary to establish minimum prices for Class III and Class
IV milk under a Federal milk marketing order issued under
section 608c of this title; and
(B) substantially identical products designated by the
Secretary.
(2) Manufacturer
The term "manufacturer" means any person engaged in the
business of buying milk in commerce for the purpose of
manufacturing dairy products.
(3) Secretary
The term "Secretary" means the Secretary of Agriculture.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 272, as added Pub. L. 106-
532, Sec. 2, Nov. 22, 2000, 114 Stat. 2541; amended Pub. L. 107-
171, title I, Sec. 1504, May 13, 2002, 116 Stat. 207.)
-MISC1-
AMENDMENTS
2002 - Par. (1). Pub. L. 107-171 inserted hyphen after "means",
designated remainder of existing provisions as subpar. (A),
substituted "; and" for period at end, and added subpar. (B).
-End-
-CITE-
7 USC Sec. 1637b 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING
-HEAD-
Sec. 1637b. Mandatory reporting for dairy products
-STATUTE-
(a) Establishment
The Secretary shall establish a program of mandatory dairy
product information reporting that will -
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the dairy product manufacturing
industry.
(b) Requirements
(1) In general
In establishing the program, the Secretary shall only -
(A)(i) subject to the conditions described in paragraph (2),
require each manufacturer to report to the Secretary
information concerning the price, quantity, and moisture
content of dairy products sold by the manufacturer; and
(ii) modify the format used to provide the information on the
day before November 22, 2000, to ensure that the information
can be readily understood by market participants; and
(B) require each manufacturer and other person storing dairy
products to report to the Secretary, at a periodic interval
determined by the Secretary, information on the quantity of
dairy products stored.
(2) Conditions
The conditions referred to in paragraph (1)(A)(i) are that -
(A) the information referred to in paragraph (1)(A)(i) is
required only with respect to those package sizes actually used
to establish minimum prices for Class III or Class IV milk
under a Federal milk marketing order;
(B) the information referred to in paragraph (1)(A)(i) is
required only to the extent that the information is actually
used to establish minimum prices for Class III or Class IV milk
under a Federal milk marketing order;
(C) the frequency of the required reporting under paragraph
(1)(A)(i) does not exceed the frequency used to establish
minimum prices for Class III or Class IV milk under a Federal
milk marketing order; and
(D) the Secretary may exempt from all reporting requirements
any manufacturer that processes and markets less than 1,000,000
pounds of dairy products per year.
(c) Administration
(1) In general
The Secretary shall promulgate such regulations as are
necessary to ensure compliance with, and otherwise carry out,
this subchapter.
(2) Confidentiality
(A) In general
Except as otherwise directed by the Secretary or the Attorney
General for enforcement purposes, no officer, employee, or
agent of the United States shall make available to the public
information, statistics, or documents obtained from or
submitted by any person under this subchapter other than in a
manner that ensures that confidentiality is preserved regarding
the identity of persons, including parties to a contract, and
proprietary business information.
(B) Relation to other requirements
Notwithstanding any other provision of law, no facts or
information obtained under this subchapter shall be disclosed
in accordance with section 552 of title 5.
(3) Verification
(A) In general
The Secretary shall take such actions as the Secretary
considers necessary to verify the accuracy of the information
submitted or reported under this subchapter.
(B) Quarterly audits
The Secretary shall quarterly conduct an audit of information
submitted or reported under this subchapter and compare such
information with other related dairy market statistics.
(4) Enforcement
(A) Unlawful act
It shall be unlawful and a violation of this subchapter for
any person subject to this subchapter to willfully fail or
refuse to provide, or delay the timely reporting of, accurate
information to the Secretary in accordance with this
subchapter.
(B) Order
After providing notice and an opportunity for a hearing to
affected persons, the Secretary may issue an order against any
person to cease and desist from continuing any violation of
this subchapter.
(C) Appeal
(i) In general
The order of the Secretary under subparagraph (B) shall be
final and conclusive unless an affected person files an
appeal of the order of the Secretary in United States
district court not later than 30 days after the date of the
issuance of the order.
(ii) Findings
A finding of the Secretary under this paragraph shall be
set aside only if the finding is found to be unsupported by
substantial evidence.
(D) Noncompliance with order
(i) In general
If a person subject to this subchapter fails to obey an
order issued under this paragraph after the order has become
final and unappealable, or after the appropriate United
States district court has entered a final judgment in favor
of the Secretary, the United States may apply to the
appropriate United States district court for enforcement of
the order.
(ii) Enforcement
If the court determines that the order was lawfully made
and duly served and that the person violated the order, the
court shall enforce the order.
(iii) Civil penalty
If the court finds that the person violated the order, the
person shall be subject to a civil penalty of not more than
$10,000 for each offense.
(5) Fees
The Secretary shall not charge or assess a user fee,
transaction fee, service charge, assessment, reimbursement fee,
or any other fee under this subchapter for -
(A) the submission or reporting of information;
(B) the receipt or availability of, or access to, published
reports or information; or
(C) any other activity required under this subchapter.
(6) Recordkeeping
Each person required to report information to the Secretary
under this subchapter shall maintain, and make available to the
Secretary, on request, original contracts, agreements, receipts,
and other records associated with the sale or storage of any
dairy products during the 2-year period beginning on the date of
the creation of the records.
(d) Electronic reporting
(1) In general
Subject to the availability of funds under paragraph (3), the
Secretary shall establish an electronic reporting system to carry
out this section.
(2) Frequency of reports
After the establishment of the electronic reporting system in
accordance with paragraph (1), the Secretary shall increase the
frequency of the reports required under this section.
(3) Authorization of appropriations
There are authorized to be appropriated such sums as are
necessary to carry out this subsection.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as are
necessary to carry out this section.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 273, as added Pub. L. 106-
532, Sec. 2, Nov. 22, 2000, 114 Stat. 2542; amended Pub. L. 110-
234, title I, Sec. 1510, May 22, 2008, 122 Stat. 999; Pub. L. 110-
246, Sec. 4(a), title I, Sec. 1510, June 18, 2008, 122 Stat. 1664,
1728.)
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
-MISC1-
AMENDMENTS
2008 - Subsec. (c)(3). Pub. L. 110-246, Sec. 1510(b), added par.
(3) and struck out former par. (3). Prior to amendment, text read
as follows: "The Secretary shall take such actions as the Secretary
considers necessary to verify the accuracy of the information
submitted or reported under this subchapter."
Subsecs. (d), (e). Pub. L. 110-246, Sec. 1510(a), added subsec.
(d) and redesignated former subsec. (d) as (e).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as an Effective
Date note under section 8701 of this title.
-End-
-CITE-
7 USC SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING
-HEAD-
SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING
-End-
-CITE-
7 USC Sec. 1638 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING
-HEAD-
Sec. 1638. Definitions
-STATUTE-
In this subchapter:
(1) Beef
The term "beef" means meat produced from cattle (including
veal).
(2) Covered commodity
(A) In general
The term "covered commodity" means -
(i) muscle cuts of beef, lamb, and pork;
(ii) ground beef, ground lamb, and ground pork;
(iii) farm-raised fish;
(iv) wild fish;
(v) a perishable agricultural commodity;
(vi) peanuts; and (!1)
(vii) meat produced from goats;
(viii) chicken, in whole and in part;
(ix) ginseng;
(x) pecans; and
(xi) macadamia nuts.
(B) Exclusions
The term "covered commodity" does not include an item
described in subparagraph (A) if the item is an ingredient in a
processed food item.
(3) Farm-raised fish
The term "farm-raised fish" includes -
(A) farm-raised shellfish; and
(B) fillets, steaks, nuggets, and any other flesh from a farm-
raised fish or shellfish.
(4) Food service establishment
The term "food service establishment" means a restaurant,
cafeteria, lunch room, food stand, saloon, tavern, bar, lounge,
or other similar facility operated as an enterprise engaged in
the business of selling food to the public.
(5) Lamb
The term "lamb" means meat, other than mutton, produced from
sheep.
(6) Perishable agricultural commodity; retailer
The terms "perishable agricultural commodity" and "retailer"
have the meanings given the terms in section 499a(b) of this
title.
(7) Pork
The term "pork" means meat produced from hogs.
(8) Secretary
The term "Secretary" means the Secretary of Agriculture, acting
through the Agricultural Marketing Service.
(9) Wild fish
(A) In general
The term "wild fish" means naturally-born or hatchery-raised
fish and shellfish harvested in the wild.
(B) Inclusions
The term "wild fish" includes a fillet, steak, nugget, and
any other flesh from wild fish or shellfish.
(C) Exclusions
The term "wild fish" excludes net-pen aquacultural or other
farm-raised fish.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 281, as added Pub. L. 107-
171, title X, Sec. 10816, May 13, 2002, 116 Stat. 533; amended
Pub. L. 110-234, title XI, Sec. 11002(1), May 22, 2008, 112 Stat.
1351; Pub. L. 110-246, Sec. 4(a), title XI, Sec. 11002(1), June 18,
2008, 122 Stat. 1664, 2113.)
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
-MISC1-
AMENDMENTS
2008 - Par. (2)(A)(vii) to (xi). Pub. L. 110-246, Sec. 11002(1),
added cls. (vii) to (xi).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as an Effective
Date note under section 8701 of this title.
-FOOTNOTE-
(!1) So in original. The word "and" probably should not appear.
-End-
-CITE-
7 USC Sec. 1638a 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING
-HEAD-
Sec. 1638a. Notice of country of origin
-STATUTE-
(a) In general
(1) Requirement
Except as provided in subsection (b) of this section, a
retailer of a covered commodity shall inform consumers, at the
final point of sale of the covered commodity to consumers, of the
country of origin of the covered commodity.
(2) Designation of country of origin for beef, lamb, pork,
chicken, and goat meat
(A) United States country of origin
A retailer of a covered commodity that is beef, lamb, pork,
chicken, or goat meat may designate the covered commodity as
exclusively having a United States country of origin only if
the covered commodity is derived from an animal that was -
(i) exclusively born, raised, and slaughtered in the United
States;
(ii) born and raised in Alaska or Hawaii and transported
for a period of not more than 60 days through Canada to the
United States and slaughtered in the United States; or
(iii) present in the United States on or before July 15,
2008, and once present in the United States, remained
continuously in the United States.
(B) Multiple countries of origin
(i) In general
A retailer of a covered commodity that is beef, lamb, pork,
chicken, or goat meat that is derived from an animal that is -
(I) not exclusively born, raised, and slaughtered in the
United States,
(II) born, raised, or slaughtered in the United States,
and
(III) not imported into the United States for immediate
slaughter,
may designate the country of origin of such covered commodity
as all of the countries in which the animal may have been
born, raised, or slaughtered.
(ii) Relation to general requirement
Nothing in this subparagraph alters the mandatory
requirement to inform consumers of the country of origin of
covered commodities under paragraph (1).
(C) Imported for immediate slaughter
A retailer of a covered commodity that is beef, lamb, pork,
chicken, or goat meat that is derived from an animal that is
imported into the United States for immediate slaughter shall
designate the origin of such covered commodity as -
(i) the country from which the animal was imported; and
(ii) the United States.
(D) Foreign country of origin
A retailer of a covered commodity that is beef, lamb, pork,
chicken, or goat meat that is derived from an animal that is
not born, raised, or slaughtered in the United States shall
designate a country other than the United States as the country
of origin of such commodity.
(E) Ground beef, pork, lamb, chicken, and goat
The notice of country of origin for ground beef, ground pork,
ground lamb, ground chicken, or ground goat shall include -
(i) a list of all countries of origin of such ground beef,
ground pork, ground lamb, ground chicken, or ground goat; or
(ii) a list of all reasonably possible countries of origin
of such ground beef, ground pork, ground lamb, ground
chicken, or ground goat.
(3) Designation of country of origin for fish
(A) In general
A retailer of a covered commodity that is farm-raised fish or
wild fish may designate the covered commodity as having a
United States country of origin only if the covered commodity -
(i) in the case of farm-raised fish, is hatched, raised,
harvested, and processed in the United States; and
(ii) in the case of wild fish, is -
(I) harvested in the United States, a territory of the
United States, or a State, or by a vessel that is
documented under chapter 121 of title 46 or registered in
the United States; and
(II) processed in the United States, a territory of the
United States, or a State, including the waters thereof, or
aboard a vessel that is documented under chapter 121 of
title 46 or registered in the United States.
(B) Designation of wild fish and farm-raised fish
The notice of country of origin for wild fish and farm-raised
fish shall distinguish between wild fish and farm-raised fish.
(4) Designation of country of origin for perishable agricultural
commodities, ginseng, peanuts, pecans, and macadamia nuts
(A) In general
A retailer of a covered commodity that is a perishable
agricultural commodity, ginseng, peanut, pecan, or macadamia
nut may designate the covered commodity as having a United
States country of origin only if the covered commodity is
exclusively produced in the United States.
(B) State, region, locality of the United States
With respect to a covered commodity that is a perishable
agricultural commodity, ginseng, peanut, pecan, or macadamia
nut produced exclusively in the United States, designation by a
retailer of the State, region, or locality of the United States
where such commodity was produced shall be sufficient to
identify the United States as the country of origin.
(b) Exemption for food service establishments
Subsection (a) of this section shall not apply to a covered
commodity if the covered commodity is -
(1) prepared or served in a food service establishment; and
(2)(A) offered for sale or sold at the food service
establishment in normal retail quantities; or
(B) served to consumers at the food service establishment.
(c) Method of notification
(1) In general
The information required by subsection (a) of this section may
be provided to consumers by means of a label, stamp, mark,
placard, or other clear and visible sign on the covered commodity
or on the package, display, holding unit, or bin containing the
commodity at the final point of sale to consumers.
(2) Labeled commodities
If the covered commodity is already individually labeled for
retail sale regarding country of origin, the retailer shall not
be required to provide any additional information to comply with
this section.
(d) Audit verification system
(1) In general
The Secretary may conduct an audit of any person that prepares,
stores, handles, or distributes a covered commodity for retail
sale to verify compliance with this subchapter (including the
regulations promulgated under section 1638c(b) of this title).
(2) Record requirements
(A) In general
A person subject to an audit under paragraph (1) shall
provide the Secretary with verification of the country of
origin of covered commodities. Records maintained in the course
of the normal conduct of the business of such person, including
animal health papers, import or customs documents, or producer
affidavits, may serve as such verification.
(B) Prohibition on requirement of additional records
The Secretary may not require a person that prepares, stores,
handles, or distributes a covered commodity to maintain a
record of the country of origin of a covered commodity other
than those maintained in the course of the normal conduct of
the business of such person.
(e) Information
Any person engaged in the business of supplying a covered
commodity to a retailer shall provide information to the retailer
indicating the country of origin of the covered commodity.
(f) Certification of origin
(1) Mandatory identification
The Secretary shall not use a mandatory identification system
to verify the country of origin of a covered commodity.
(2) Existing certification programs
To certify the country of origin of a covered commodity, the
Secretary may use as a model certification programs in existence
on May 13, 2002, including -
(A) the carcass grading and certification system carried out
under this Act;
(B) the voluntary country of origin beef labeling system
carried out under this Act;
(C) voluntary programs established to certify certain premium
beef cuts;
(D) the origin verification system established to carry out
the child and adult care food program established under section
1766 of title 42; or
(E) the origin verification system established to carry out
the market access program under section 5623 of this title.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 282, as added Pub. L. 107-
171, title X, Sec. 10816, May 13, 2002, 116 Stat. 533; amended
Pub. L. 107-206, title I, Sec. 208, Aug. 2, 2002, 116 Stat. 833;
Pub. L. 110-234, title XI, Sec. 11002(2), May 22, 2008, 122 Stat.
1352; Pub. L. 110-246, Sec. 4(a), title XI, Sec. 11002(2), June 18,
2008, 122 Stat. 1664, 2113.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (f)(2)(A), (B), is act Aug. 14,
1946, ch. 966, 60 Stat. 1082, which enacted this chapter and
sections 427h to 427j of this title and amended section 427 of this
title. For complete classification of this Act to the Code, see
Tables.
-COD-
CODIFICATION
May 13, 2002, referred to in subsec. (f)(2), was in the original
"the date of enactment of this Act", which was translated as
meaning the date of enactment of Pub. L. 107-171, which enacted
this subchapter, to reflect the probable intent of Congress.
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
-MISC1-
AMENDMENTS
2008 - Subsec. (a)(2) to (4). Pub. L. 110-246, Sec. 11002(2)(A),
added pars. (2) to (4) and struck out former pars. (2) and (3)
which related to designation of United States as country of origin
for beef, lamb, pork, fish, perishable agricultural commodities,
and peanuts, and requirement that notice of country of origin for
fish shall distinguish between wild and farm-raised fish.
Subsec. (d). Pub. L. 110-246, Sec. 11002(2)(B), added subsec. (d)
and struck out former subsec. (d). Prior to amendment, text read as
follows: "The Secretary may require that any person that prepares,
stores, handles, or distributes a covered commodity for retail sale
maintain a verifiable recordkeeping audit trail that will permit
the Secretary to verify compliance with this subchapter (including
the regulations promulgated under section 1638c(b) of this title)."
2002 - Subsec. (a)(2)(D). Pub. L. 107-206 amended subpar. (D)
generally. Prior to amendment, subpar. (D) read as follows: "in the
case of wild fish, is -
"(i) harvested in waters of the United States, a territory of
the United States, or a State; and
"(ii) processed in the United States, a territory of the United
States, or a State, including the waters thereof; and".
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as an Effective
Date note under section 8701 of this title.
-End-
-CITE-
7 USC Sec. 1638b 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING
-HEAD-
Sec. 1638b. Enforcement
-STATUTE-
(a) Warnings
If the Secretary determines that a retailer or person engaged in
the business of supplying a covered commodity to a retailer is in
violation of section 1638a of this title, the Secretary shall -
(1) notify the retailer (!1) of the determination of the
Secretary; and
(2) provide the retailer (!1) a 30-day period, beginning on the
date on which the retailer (!1) receives the notice under
paragraph (1) from the Secretary, during which the retailer (!1)
may take necessary steps to comply with section 1638a of this
title.
(b) Fines
If, on completion of the 30-day period described in subsection
(a)(2), the Secretary determines that the retailer or person
engaged in the business of supplying a covered commodity to a
retailer has -
(1) not made a good faith effort to comply with section 1638a
of this title, and
(2) continues to willfully violate section 1638a of this title
with respect to the violation about which the retailer or person
received notification under subsection (a)(1),
after providing notice and an opportunity for a hearing before the
Secretary with respect to the violation, the Secretary may fine the
retailer or person in an amount of not more than $1,000 for each
violation.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 283, as added Pub. L. 107-
171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535; amended
Pub. L. 110-234, title XI, Sec. 11002(3), May 22, 2008, 122 Stat.
1354; Pub. L. 110-246, Sec. 4(a), title XI, Sec. 11002(3), June 18,
2008, 122 Stat. 1664, 2116.)
-COD-
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
-MISC1-
AMENDMENTS
2008 - Pub. L. 110-246, Sec. 11002(3), redesignated subsec. (b)
as (a) and substituted "retailer or person engaged in the business
of supplying a covered commodity to a retailer" for "retailer" in
introductory provisions, added subsec. (b), and struck out former
subsecs. (a) and (c) which related to applicability of section
1636b of this title to a violation of this subchapter and fine for
violation of section 1638a of this title. The substitution in
subsec. (a) was made for "retailer" the first time appearing to
reflect the probable intent of Congress.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, see section 4 of Pub. L. 110-246, set out as an Effective
Date note under section 8701 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "retailer or person".
-End-
-CITE-
7 USC Sec. 1638c 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING
-HEAD-
Sec. 1638c. Regulations
-STATUTE-
(a) Guidelines
Not later than September 30, 2002, the Secretary shall issue
guidelines for the voluntary country of origin labeling of covered
commodities based on the requirements of section 1638a of this
title.
(b) Regulations
Not later than September 30, 2004, the Secretary shall promulgate
such regulations as are necessary to implement this subchapter.
(c) Partnerships with States
In promulgating the regulations, the Secretary shall, to the
maximum extent practicable, enter into partnerships with States
with enforcement infrastructure to assist in the administration of
this subchapter.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 284, as added Pub. L. 107-
171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535.)
-End-
-CITE-
7 USC Sec. 1638d 02/01/2010
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING
-HEAD-
Sec. 1638d. Applicability
-STATUTE-
This subchapter shall apply to the retail sale of a covered
commodity beginning September 30, 2008, except for "farm-raised
fish" and "wild fish" which shall be September 30, 2004.
-SOURCE-
(Aug. 14, 1946, ch. 966, title II, Sec. 285, as added Pub. L. 107-
171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535; amended
Pub. L. 108-199, div. A, title VII, Sec. 749, Jan. 23, 2004, 118
Stat. 37; Pub. L. 109-97, title VII, Sec. 792, Nov. 10, 2005, 119
Stat. 2164.)
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-97 substituted "2008" for "2006".
2004 - Pub. L. 108-199 substituted "2006, except for 'farm-raised
fish' and 'wild fish' which shall be September 30, 2004" for
"2004".
-End-
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| File Modified | 0000-00-00 |
| File Created | 0000-00-00 |