07 USC 1446e-1. Milk manufacturing marketing adjustment
TITLE 7 -- AGRICULTURE
(a) In general
Effective beginning on the date that is 12 months after November 28,
1990, no State shall provide for (and no person shall collect, directly
or indirectly) a greater allowance for the processing of milk (hereafter
referred to as a ''make allowance'') than is permitted under a Federal
program to establish a Grade A price for manufacturing butter, nonfat
dry milk, or cheese.
(b) Liability for penalties
(1) In general
If the Secretary of Agriculture determines that --
(A) based on a request by a producer supported by evidence, the make
allowance collected by a person is in excess of the amount that is
permitted under subsection (a) of this section; or
(B) a person has failed to comply with any requirement of this
section or a regulation issued under this section,
the person shall be liable for penalties as determined by the
Secretary in accordance with this subsection.
(2) Amount of penalties
Such penalties shall be equal to the product obtained by multiplying
--
(A) twice the permitted make allowance that could be charged as
provided under subsection (a) of this section; by
(B) the quantity of milk with respect to which the person was
determined by the Secretary to have collected a make allowance in excess
of the permitted make allowance.
(c) Regulations
The Secretary may issue such regulations as are necessary to carry
out this section.
(d) Investigations
(1) In general
The Secretary may make such investigations as the Secretary considers
necessary for the effective administration of this section or to
determine whether any person subject to this section has violated this
section.
(2) Administration
For the purpose of the investigation, the Secretary may administer
oaths and affirmations, subpoena witnesses, compel their attendance,
take evidence, and require the production of any records that are
relevant to the inquiry.
(3) Subpoena
The attendance of witnesses and the production of any such records
may be required from any place in the United States. In case of
contumacy by, or refusal to obey a subpoena to, any person, the
Secretary may invoke the aid of any court of the United States within
the jurisdiction of which the investigation or proceeding is carried on,
or where the person resides or carries on business, in requiring the
attendance and testimony of witnesses and the production of records.
The court may issue an order requiring the attendance and testimony of
witnesses and the production of records, or requiring the person to
appear before the Secretary to produce records or to give testimony on
the matter under investigation.
(4) Contempt
Any failure to obey the order of the court may be punished by the
court as a contempt thereof.
(5) Process
All process in any such case may be served in the judicial district
of which the person is an inhabitant or wherever the person may be
found.
(e) Enforcement
The district courts of the United States are vested with jurisdiction
specifically to enforce, and to prevent and restrain any person from
violating, any provision of this section or any regulation issued under
this section.
(Pub. L. 101-624, title I, 102, Nov. 28, 1990, 104 Stat. 3378; Pub.
L. 102-237, title I, 118(e), Dec. 13, 1991, 105 Stat. 1842.)
Section was enacted as part of the Food, Agriculture, Conservation,
and Trade Act of 1990, and not as part of the Agricultural Act of 1949
which is classified principally to this chapter. For complete
classification of the 1949 Act to the Code, see Short Title note set out
under section 1421 of this title and Tables.
1991 -- Subsec. (b)(1). Pub. L. 102-237 substituted ''Secretary''
for ''Commodity Credit Corporation'' in concluding provisions.
Section effective beginning with 1991 crop of an agricultural
commodity, with provision for prior crops, see section 1171 of Pub. L.
101-624, set out as as an Effective Date of 1990 Amendment note under
section 1421 of this title.
07 USC 1446f. Loans and payments for oilseeds for 1991 through 1995
marketing years
TITLE 7 -- AGRICULTURE
(a) ''Oilseeds'' defined
As used in this section, the term ''oilseeds'' means soybeans,
sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, and
such other oilseeds as the Secretary may determine.
(b) In general
The Secretary shall support the price of oilseeds through nonrecourse
loans to producers on a farm for oilseeds produced on the farm in each
of the 1991 through 1995 marketing years as provided in this section.
(c) Loan level
The loan level for each of the 1991 through 1995 crops of --
(1) soybeans shall not be less than $5.02 per bushel;
(2) sunflower seed, canola, rapeseed, safflower, mustard seed, and
flaxseed, individually, shall not be less than $0.089 per pound; and
(3) other oilseeds shall be established at such level as the
Secretary determines is fair and reasonable in relation to the loan
level available for soybeans, except in no event shall the level for
such oilseeds (other than cottonseed) be less than the level established
for soybeans on a per-pound basis for the same crop year.
To ensure that producers have an equitable opportunity to produce an
alternative crop in areas of limited crop options, the Secretary may
limit, insofar as practicable, adjustments in the loan rate established
under paragraph (2) applicable to a particular region, State, or county
for the purpose of reflecting transportation differentials such that the
regional, State, or county loan rate does not increase or decrease by
more than 9 percent from the basic national loan rate.
(d) Marketing loan provisions
(1) In general
The Secretary shall permit a producer to repay a loan made under this
section for a crop --
(A) at a level that is the lesser of --
(i) the loan level determined for the crop; or
(ii) the prevailing world market price for the applicable oilseed
(adjusted to United States quality and location), as determined by the
Secretary; or
(B) such other level (not in excess of the loan level determined for
the crop) that the Secretary determines will --
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of oilseed stocks by the Federal
Government;
(iii) minimize the cost incurred by the Federal Government in storing
oilseeds; and
(iv) allow oilseeds produced in the United States to be marketed
freely and competitively, both domestically and internationally.
(2) Prevailing world market price
The Secretary shall prescribe by regulation --
(A) a formula to define the prevailing world market price for
oilseeds (adjusted to United States quality and location); and
(B) a mechanism by which the Secretary shall announce periodically
the prevailing world market price for oilseeds (adjusted to United
States quality and location).
(e) Loan deficiency payment
(1) In general
The Secretary shall, for each of the 1991 through 1995 crops of
oilseeds, make payments available to producers who, although eligible to
obtain a loan under subsection (b) of this section, agree to forgo
obtaining the loan in return for payments under this subsection.
(2) Computation
A payment under this subsection shall be computed by multiplying --
(A) the loan payment rate; by
(B) the quantity of oilseeds the producer is eligible to place under
loan but for which the producer forgoes obtaining the loan in return for
payments under this subsection.
(3) Loan payment rate
For purposes of this subsection, the loan payment rate shall be the
amount by which --
(A) the loan level determined for the crop under subsection (c) of
this section; exceeds
(B) the level at which a loan may be repaid under subsection (d) of
this section.
(4) Marketing certificates
(A) In general
The Secretary may make payments under this section available in the
form of certificates redeemable for any agricultural commodity owned by
the Commodity Credit Corporation.
(B) Minimal oilseed stocks
The Secretary shall make certificates available under subparagraph
(A) in such a manner so as to minimize the accumulation of oilseeds
stocks.
(f) Marketing year
For purposes of this section, the marketing year for --
(1) soybeans shall be the 12-month period beginning on September 1
and ending on August 31; and
(2) other oilseeds shall be prescribed by the Secretary by
regulation.
(g) Announcements
(1) In general
Except as provided in paragraph (2), the Secretary shall make an
announcement of the loan level for the crop not later than November 15
prior to the calendar year in which the crop is harvested.
(2) 1991 crop
In the case of the 1991 crop, the Secretary shall make an
announcement of the loan level for the crop as soon as practicable after
November 28, 1990.
(h) Loan maturity
A loan made for a crop of oilseeds under this section shall mature on
the last day of the 9th month following the month the application for
the loan is made.
(i) Other terms and conditions
Notwithstanding any other provision of law --
(1) the Secretary shall not require participation in any production
adjustment program for oilseeds or any other commodity as a condition of
eligibility for price support for oilseeds;
(2) the Secretary may not authorize payments to producers to cover
the cost of storing oilseeds; and
(3) oilseeds may not be considered an eligible commodity for any
reserve program.
(j) Regulations
The Secretary may issue such regulations as the Secretary determines
necessary to carry out this section.
(k) Commodity Credit Corporation
The Secretary shall carry out the program authorized by this section
through the Commodity Credit Corporation.
(l) Assignment of payments
The provisions of section 590h(g) of title 16) (relating to
assignment of payments) shall apply to payments under this section.
(m) Loan origination fee
(1) Loans
The Secretary shall charge a producer a loan origination fee for a
crop of oilseeds, in connection with making a loan, equal to the product
obtained by multiplying --
(A) the loan level determined for the crop under subsection (c) of
this section; by
(B) 2 percent; by
(C) the quantity of oilseeds for which the producer obtains the loan.
(2) Loan deficiency payments
The Secretary shall deduct, from the amount of any loan deficiency
payment made under subsection (e) of this section, an amount equal to
the amount of the loan origination fee that would otherwise be paid
under paragraph (1) if the producer obtained a loan rather a loan
deficiency payment.
(n) Crops
Notwithstanding any other provision of law, this section shall be
effective only for the 1991 through 1995 crops of oilseeds.
(Oct. 31, 1949, ch. 792, title II, 205, as added Nov. 28, 1990, Pub.
L. 101-624, title VII, 701(2), 104 Stat. 3457, and amended Nov. 5, 1990,
Pub. L. 101-508, title I, 1105(a), 104 Stat. 1388-3; Dec. 13, 1991,
Pub. L. 102-237, title I, 110, 105 Stat. 1829.)
1991 -- Subsec. (c). Pub. L. 102-237 substituted ''flaxseed,
individually,'' for ''flaxseed'' in par. (2), substituted ''in no event
shall the level for such oilseeds (other than cottonseed) be less'' for
''that, in the case of cottonseed, in no event less'' in par. (3), and
inserted sentence after and below par. (3).
1990 -- Subsecs. (m), (n). Pub. L. 101-508 added subsec. (m) and
redesignated former subsec. (m) as (n).
Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section
1301 of Pub. L. 101-508, set out as a note under section 511r of this
title.
Section effective beginning with 1991 crop of an agricultural
commodity, with provision for prior crops, see section 1171 of Pub. L.
101-624, set out as as an Effective Date of 1990 Amendment note under
section 1421 of this title.
07 USC 1446g. Sugar price support for 1991 through 1995 crops
TITLE 7 -- AGRICULTURE
(a) In general
The price of each of the 1991 through 1995 crops of sugar beets and
sugarcane, respectively, shall be supported in accordance with this
section.
(b) Sugarcane
The Secretary shall support the price of domestically grown sugarcane
through nonrecourse loans at such level as the Secretary determines
appropriate, but not less than 18 cents per pound for raw cane sugar.
(c) Sugar beets
The Secretary shall support the price of each of the 1991 through
1995 crops of domestically grown sugar beets through nonrecourse loans
at such level for each such crop as the Secretary determines reflects --
(1) an amount that bears the same relation to the support level for
the crop of sugarcane under subsection (b) of this section as the
weighted average of producer returns for sugar beets bears to the
weighted average of producer returns for sugarcane, expressed on a cents
per pound basis for refined beet sugar and raw cane sugar, for the most
recent 5-year period for which data are available; plus
(2) an amount that covers sugar beet processor fixed marketing
expenses.
(d) Adjustment in support price
(1) In general
The Secretary may increase the support price for each of the 1991
through 1995 crops of domestically grown sugarcane and sugar beets from
the price determined for the preceding crop based on such factors as the
Secretary determines appropriate, including changes (during the 2 crop
years immediately preceding the crop year for which the determination is
made) in the cost of sugar products, the cost of domestic sugar
production, and other circumstances that may adversely affect domestic
sugar production.
(2) Report
If the Secretary makes a determination not to increase the support
price under paragraph (1), the Secretary shall submit a report
containing the findings, decision, and supporting data for the
determination to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(e) Announcements
The Secretary shall announce the basic loan rates for beet sugar and
cane sugar to be applicable during any fiscal year under this section as
far in advance of the beginning of that fiscal year as is practicable
consistent with the purposes of this section.
(f) Term
Except as provided in subsection (g) of this section, loans under
this section during any fiscal year shall be made available not earlier
than the beginning of the fiscal year and shall mature at the earlier of
--
(1) the end of 9 months; or
(2) the end of the fiscal year.
(g) Supplementary nonrecourse loans
The Secretary shall make available to eligible processors price
support loans with respect to sugar processed from sugar beets and
sugarcane harvested in the last 3 months of a fiscal year. Such loans
shall mature at the end of the fiscal year. The processor may repledge
the sugar as collateral for a price support loan in the subsequent
fiscal year, except that the second loan shall --
(1) be made at the loan rate in effect at the time the second loan is
made; and
(2) mature in 9 months less the quantity of time that the first loan
was in effect.
(h) Use of Commodity Credit Corporation
The Secretary shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out this section.
(i) Marketing assessment
(1) Sugarcane
Effective only for marketings of raw cane sugar during the 1992
through 1996 fiscal years, the first processor of sugarcane shall remit
to the Commodity Credit Corporation a nonrefundable marketing assessment
in an amount equal to .18 cents per pound of raw cane sugar, processed
by the processor from domestically produced sugarcane or sugarcane
molasses, that has been marketed (including the transfer or delivery of
the sugar to a refinery for further processing or marketing).
(2) Sugar beets
Effective only for marketings of beet sugar during the 1992 through
1996 fiscal years, the first processor of sugar beets shall remit to the
Commodity Credit Corporation a nonrefundable marketing assessment in an
amount equal to .193 cents per pound of beet sugar, processed by the
processor from domestically produced sugar beets or sugar beet molasses,
that has been marketed.
(3) Collection
(A) Timing
Marketing assessments required under this subsection shall be
collected on a monthly basis and shall be remitted to the Commodity
Credit Corporation within 30 days after the end of each month. Any cane
sugar or beet sugar processed during a fiscal year that has not been
marketed by September 30 of that year shall be subject to assessment on
that date. The sugar shall not be subject to a second assessment at the
time that it is marketed.
(B) Manner
Subject to subparagraph (A), marketing assessments shall be collected
under this subsection in the manner prescribed by the Secretary and
shall be nonrefundable.
(4) Penalties
If any person fails to remit the assessment required by this
subsection or fails to comply with such requirements for recordkeeping
or otherwise as are required by the Secretary to carry out this
subsection, the person shall be liable to the Secretary for a civil
penalty up to an amount determined by multiplying --
(A) the quantity of cane sugar or beet sugar involved in the
violation; by
(B) the support level for the applicable crop of sugarcane or sugar
beets.
(5) Enforcement
The Secretary may enforce this subsection in the courts of the United
States.
(j) Crops
This section shall be effective only for the 1991 through 1995 crops
of sugar beets and sugarcane.
(Oct. 31, 1949, ch. 792, title II, 206, as added Nov. 28, 1990, Pub.
L. 101-624, title IX, 901(2), 104 Stat. 3478, and amended Nov. 5, 1990,
Pub. L. 101-508, title I, 1105(c), 104 Stat. 1388-5; Dec. 13, 1991,
Pub. L. 102-237, title I, 111(a), 105 Stat. 1829.)
1991 -- Subsec. (e). Pub. L. 102-237, 111(a)(1), substituted
''announce the basic loan rates for beet sugar and cane sugar'' for
''announce the loan rate''.
Subsec. (f). Pub. L. 102-237, 111(a)(2), substituted ''Except as
provided in subsection (g) of this section, loans'' for ''Loans''.
Subsec. (g). Pub. L. 102-237, 111(a)(3), added subsec. (g) and
struck out former subsec. (g) which read as follows: ''In the case of
sugar beet producing areas in which sugar beets normally are harvested
during the last 3 months of a fiscal year, the Secretary shall make
available, to each borrower of a loan made and repaid under this section
during the last 3 months of the fiscal year on sugar processed from
sugar beets so harvested, a supplementary nonrecourse loan in addition
to the initial loan. In each case, the supplementary loan shall --
''(1) be made available to the borrower as of the first day of the
following fiscal year;
''(2) be made at the same loan rate as the initial loan; and
''(3) mature in 9 months less the amount of time that the initial
loan was in effect.''
Subsec. (i)(1) to (3). Pub. L. 102-237, 111(a)(4)(A), added pars.
(1) to (3) and struck out former pars. (1) to (3) which read as
follows:
''(1) Sugarcane. -- Effective only for each of the 1991 through 1995
crops of sugarcane, the first processor of sugarcane shall remit to the
Commodity Credit Corporation a nonrefundable marketing assessment in an
amount equal to .18 cents per pound of raw cane sugar processed by the
processor from domestically produced sugarcane.
''(2) Sugar beets. -- Effective only for each of the 1991 through
1995 crops of sugar beets, the first processor of sugar beets shall
remit to the Commodity Credit Corporation a nonrefundable marketing
assessment in an amount equal to .193 cents per pound of beet sugar
processed by the processor from domestically produced sugar beets.
''(3) Collection. -- Marketing assessments required under this
subsection shall be collected and remitted to the Commodity Credit
Corporation in the manner prescribed by the Secretary and shall be
nonrefundable.''
Subsec. (i)(4). Pub. L. 102-237, 111(a)(4)(B), substituted ''remit
the assessment'' for ''collect or remit the reduction''.
1990 -- Subsecs. (i), (j). Pub. L. 101-508 added subsec. (i) and
redesignated former subsec. (i) as (j).
Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section
1301 of Pub. L. 101-508, set out as a note under section 511r of this
title.
Section effective beginning with 1991 crop of an agricultural
commodity, with provision for prior crops, see section 1171 of Pub. L.
101-624, set out as an Effective Date of 1990 Amendment note under
section 1421 of this title.
Section 902 of Pub. L. 99-198, as amended by Pub. L. 101-624, title
IX, 903, title XI, 1161(c), Nov. 28, 1990, 104 Stat. 3488, 3521,
provided that:
''(a) Beginning with the quota year for sugar imports which begins
after the 1985/1986 quota year, the President shall use all authorities
available to the President as is necessary to enable the Secretary of
Agriculture to operate the sugar program established under section 206
of the Agricultural Act of 1949 (7 U.S.C. 1446g) at no cost to the
Federal Government by preventing the accumulation of sugar acquired by
the Commodity Credit Corporation.
''(b) Effective only for the 1985/1986 quota year for sugar imports,
the President shall --
''(1) modify the 1985/1986 quota year for imports for sugar so that
such quota year will end no earlier than December 31, 1986, and
rearrange the shipping schedules so that shipments are divided equally
throughout the quota year, as extended; or
''(2) require that the sugar program be administered in such a manner
as will result in the forfeiture of sugar held by the Commodity Credit
Corporation as collateral for price support loans in a quantity no
greater than the total quantity (determined by the Secretary of
Agriculture) that would have been forfeited to the Commodity Credit
Corporation had the 1985/1986 quota year been modified as prescribed in
clause (1).
''(c)(1) Beginning with the quota year for sugar imports which begins
after the 1985/1986 quota year, the President shall not allocate any of
the sugar import quota under such provisions to any country that is a
net importer of sugar derived from sugarcane or sugar beets unless the
appropriate officials of that country verify to the President that that
country does not import for reexport to the United States any sugar
produced in Cuba.
''(2)(A) Effective 90 days after the date of enactment of this
paragraph (Nov. 28, 1990) and by August 1 of each year thereafter
through 1995, the Secretary of Agriculture shall report to the President
and Congress on the extent, if any, of sugar imports from Cuba by the
countries described in paragraph (1).
''(B) Commencing with the quota year for sugar imports after the
1990-1991 quota year, the President shall report to Congress by January
1, on --
''(i) the identity of the countries that are net importers of sugar
derived from sugarcane or sugar beets who have a quota for the current
quota year;
''(ii) the identity of such countries who have verified that they do
not import for reexport to the United States any sugar produced in Cuba;
and
''(iii) the action, if any, taken by the President with respect to
countries reported by the Secretary of Agriculture as net importers of
sugar derived from sugarcane or sugar beets who imported the sugar from
Cuba who reexported the sugar to the United States during the previous
quota year.''
07 USC 1446h. Honey price support
TITLE 7 -- AGRICULTURE
(a) In general
For each of the 1991 through 1995 crops of honey, the price of honey
shall be supported through loans, purchases, or other operations at not
less than 53.8 cents per pound.
(b) Marketing loan provisions
The Secretary may permit a producer to repay a loan made to the
producer under this section for a crop at a level that is the lesser of
--
(1) the loan level determined for the crop; or
(2) such level as the Secretary determines will --
(A) minimize the number of loan forfeitures;
(B) not result in excessive total stocks of honey;
(C) reduce the costs incurred by the Federal Government in storing
honey; and
(D) maintain the competitiveness of honey in the domestic and export
markets.
(c) Loan deficiency payments
(1) In general
The Secretary shall, for each of the 1991 through 1995 crops of
honey, make payments available to producers who, although eligible to
obtain a loan under subsection (b) of this section, agree to forgo
obtaining the loan in return for payments under this subsection.
(2) Computation
A payment under this subsection shall be computed by multiplying --
(A) the loan payment rate; by
(B) the quantity of honey the producer is eligible to place under
loan but for which the producer forgoes obtaining the loan in return for
payments under this subsection.
(3) Loan payment rate
For purposes of this subsection, the loan payment rate shall be the
amount by which --
(A) the loan level determined for the crop under subsection (a) of
this section; exceeds
(B) the level at which a loan may be repaid under subsection (b) of
this section.
(4) Marketing certificates
The Secretary may make payments under this section available in the
form of certificates redeemable for any agricultural commodity owned by
the Commodity Credit Corporation.
(d) Pledging adulterated or imported honey as collateral
(1) In general
If the Secretary determines that a person has knowingly pledged
adulterated or imported honey as collateral to secure a loan made under
this section, the person, in addition to any other penalty or sanction
prescribed by law, shall be ineligible for a loan, purchase, or payment
under this section for the 3 crop years succeeding the determination.
(2) Adulterated honey
For purposes of paragraph (1), honey shall be considered adulterated
if --
(A) any substance has been substituted wholly or in part for the
honey;
(B) the honey contains a poisonous or deleterious substance that may
render the honey injurious to health, except that in any case in which
the substance is not added to the honey, the honey shall not be
considered adulterated if the quantity of the substance in or on the
honey does not ordinarily render it injurious to health; or
(C) for any other reason, the honey is unsound, unhealthy,
unwholesome, or otherwise unfit for human consumption.
(e) Payment limitations
(1) In general
The total amount of payments that a person may receive under this
section may not exceed --
(A) $200,000 in the 1991 crop year;
(B) $175,000 in the 1992 crop year;
(C) $150,000 in the 1993 crop year; and
(D) $125,000 in each of the 1994 and subsequent crop years.
(2) Payments
For the purposes of this subsection, the term ''payments'' means --
(A) any gain realized by a producer from repaying a loan for a crop
of honey at a lower level than the original loan level under this
section; and
(B) any loan deficiency payment received under subsection (c) of this
section.
(3) Person
The Secretary shall issue regulations defining the term ''person''
for the purposes of this section. The regulations shall provide for the
attribution of payments received under this section.
(f) Regulations
The Secretary may issue such regulations as the Secretary determines
necessary to carry out this section.
(g) Commodity Credit Corporation
The Secretary shall carry out the program authorized by this section
through the Commodity Credit Corporation.
(h) Assignment of payments
The provisions of section 590h(g) of title 16 (relating to assignment
of payments) shall apply to payments under this section.
(i) Marketing assessment
(1) In general
Effective only for each of the 1991 through 1995 crops of honey,
producers and producer-packers of honey (as defined in paragraphs (5)
and (9), respectively, of section 3 of the Honey Research, Promotion,
and Consumer Information Act (7 U.S.C. 4602)) shall remit to the
Commodity Credit Corporation a nonrefundable marketing assessment on a
per pound basis in an amount equal to 1 percent of the national price
support level for each such crop as otherwise provided in this section.
(2) Collection
The assessment shall be collected and remitted by the first handler
of honey in the manner prescribed by the Secretary which, to the extent
practicable, shall be as provided for in the Honey Research, Promotion,
and Consumer Information Act (7 U.S.C. 4601 et seq.).
(3) Exemptions
All persons who are exempt from the payment of the assessment
authorized by such Act, and all imported honey, shall be exempt from the
payment of the assessment required by this subsection.
(4) Penalties
If any person fails to collect or remit the reduction required by
this subsection or fails to comply with such requirements for
recordkeeping or otherwise as are required by the Secretary to carry out
this subsection, the person shall be liable to the Secretary for a civil
penalty up to an amount determined by multiplying --
(A) the quantity of honey involved in the violation; by
(B) the support level for the applicable crop of honey.
(5) Enforcement
The Secretary may enforce this subsection in the courts of the United
States.
(j) Crops
Notwithstanding any other provision of law, this section shall be
effective only for the 1991 through 1995 crops of honey.
(Oct. 31, 1949, ch. 792, title II, 207, as added Nov. 28, 1990, Pub.
L. 101-624, title X, 1001, 104 Stat. 3488, and amended Nov. 5, 1990,
Pub. L. 101-508, title I, 1105(d), 104 Stat. 1388-5.)
The Honey Research, Promotion, and Consumer Information Act, referred
to in subsec. (i)(2), (3), is Pub. L. 98-590, Oct. 30, 1984, 98 Stat.
3115, as amended, which is classified generally to chapter 77 ( 4601 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 4601 of this title and
Tables.
1990 -- Subsecs. (i), (j). Pub. L. 101-508 added subsec. (i) and
redesignated former subsec. (i) as (j).
Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section
1301 of Pub. L. 101-508, set out as a note under section 511r of this
title.
Section effective beginning with 1991 crop of an agricultural
commodity, with provision for prior crops, see section 1171 of Pub. L.
101-624, set out as an Effective Date of 1990 Amendment note under
section 1421 of this title.
07 USC 1446i. Disaster payments for 1991 through 1995 crops of peanuts,
soybeans, sugar beets, and sugarcane
TITLE 7 -- AGRICULTURE
(a) Prevented planting
If the Secretary determines that the producers on a farm are
prevented from planting any portion of the acreage on the farm intended
for peanuts, soybeans, sugar beets, or sugarcane to peanuts, soybeans,
sugar beets, sugarcane, or other nonconserving crops because of drought,
flood, or other natural disaster, or other condition beyond the control
of the producers, the Secretary may make a prevented planting disaster
payment to the producers in an amount equal to the product obtained by
multiplying --
(1) the number of acres so affected but not to exceed the acreage
planted to peanuts, soybeans, sugar beets, or sugarcane for harvest
(including any acreage that the producers were prevented from planting
to the commodity or to other nonconserving crops in lieu of peanuts,
soybeans, sugar beets, or sugarcane because of drought, flood or other
natural disaster, or other condition beyond the control of the
producers) in the immediately preceding year; by
(2) 75 percent of the farm program payment yield established by the
Secretary; by
(3) a payment rate equal to 50 percent of the loan and purchase level
for the crop.
(b) Reduced yields
If the Secretary determines that because of drought, flood, or other
natural disaster, or other condition beyond the control of the
producers, the total quantity of peanuts, soybeans, sugar beets, or
sugarcane that the producers are able to harvest on any farm is less
than the result of multiplying 60 percent of the farm program payment
yield established by the Secretary for the crop by the acreage planted
for harvest for the crop, the Secretary may make a reduced yield
disaster payment to the producers at a rate equal to 50 percent of the
loan and purchase level for the crop for the deficiency in production
below 60 percent for the crop.
(c) Adjustments
The Secretary may make such adjustments in the amount of payments
made available under this paragraph with respect to an individual farm
so as to assure the equitable allotment of the payments among producers,
taking into account other forms of Federal disaster assistance provided
to the producers for the crop involved.
(d) Crops
Notwithstanding any other provision of law, this section shall be
effective only for the 1991 through 1995 crops of peanuts, soybeans,
sugar beets, and sugarcane.
(Oct. 31, 1949, ch. 792, title II, 208, as added Nov. 28, 1990, Pub.
L. 101-624, title XI, 1126, 104 Stat. 3507.)
Section effective beginning with 1991 crop of an agricultural
commodity, with provision for prior crops, see section 1171 of Pub. L.
101-624, set out as an Effective Date of 1990 Amendment note under
section 1421 of this title.
07 USC 1447. Price support levels for other nonbasic agricultural
commodities
TITLE 7 -- AGRICULTURE
The Secretary is authorized to make available through loans,
purchases, or other operations price support to producers for any
nonbasic agricultural commodity not designated in sections 1446, 1446a,
and 1446d of this title at a level not in excess of 90 per centum of the
parity price for the commodity.
(Oct. 31, 1949, ch. 792, title III, 301, 63 Stat. 1053; Sept. 29,
1977, Pub. L. 95-113, title X, 1003(a), 91 Stat. 950.)
1977 -- Pub. L. 95-113 temporarily inserted provisions authorizing
Secretary to make price support available for the 1978 through 1981
crops of flaxseed, dry edible beans, gum naval stores, and, in the case
of the 1979 through 1981 crops, sugar beets and sugar cane, and for
other nonbasic undesignated commodities. See Effective and Termination
Dates of 1977 Amendment note below.
Section 1003(a) of Pub. L. 95-113 provided that the amendment made
by that section is effective only with respect to 1978 through 1981
crops.
Section 1003(b) of Pub. L. 95-113 provided that: ''The amendment
made by this section (amending this section) to the Agricultural Act of
1949 shall not be operative in any manner with respect to any price
support program in effect on the date of enactment of this Act (Sept.
29, 1977).''
07 USC 1448. Price support levels for storable nonbasic agricultural
commodities
TITLE 7 -- AGRICULTURE
Without restricting price support to those commodities for which a
marketing quota or marketing agreement or order program is in effect,
price support shall, insofar as feasible, be made available to producers
of any storable nonbasic agricultural commodity for which such a program
is in effect and who are complying with such program. The level of such
support shall not be in excess of 90 per centum of the parity price of
such commodity nor less than the level provided in the following table:
Provided, That the level of price support may be less than the
minimum level provided in the foregoing table if the Secretary, after
examination of the availability of funds for mandatory price support
programs and consideration of the other factors specified in section
1421(b) of this title, determines that such lower level is desirable and
proper.
(Oct. 31, 1949, ch. 792, title III, 302, 63 Stat. 1053.)
07 USC 1449. Determination of price support level
TITLE 7 -- AGRICULTURE
In determining the level of price support for any nonbasic
agricultural commodity under sections 1447 to 1449 of this title,
particular consideration shall be given to the levels at which the
prices of competing agricultural commodities are being supported.
(Oct. 31, 1949, ch. 792, title III, 303, 63 Stat. 1053.)
07 USC 1450. Repealed. Aug. 28, 1954, ch. 1041, title II, 203(b), 68
Stat. 899
TITLE 7 -- AGRICULTURE
Section, acts Mar. 31, 1950, ch. 81, 5, 64 Stat. 42; Jan. 30,
1954, ch. 2, 5(a), 68 Stat. 7, provided that for the crop year of 1951
and thereafter, no price support would be available for Irish potatoes
unless marketing quotas were in effect.
07 USC SUBCHAPTER IV -- ACREAGE BASE AND YIELD SYSTEM
TITLE 7 -- AGRICULTURE
A prior subchapter IV of the Agricultural Act of 1949, Act Oct. 31,
1949, ch. 792, title V, as added July 12, 1951, ch. 223, 65 Stat.
119, relating to the recruiting of agricultural workers from Mexico, was
omitted pursuant to the provisions of section 510 thereof which provided
that no workers would be available under such provisions after Dec. 31,
1964.
07 USC 1461. Purpose
TITLE 7 -- AGRICULTURE
The purpose of this subchapter is to prescribe a system for
establishing crop acreage bases and program payment yields for the
wheat, feed grains, upland cotton, and rice programs under this Act that
is efficient, equitable, flexible, and predictable.
(Oct. 31, 1949, ch. 792, title V, 501, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1460, and amended Nov. 28, 1990, Pub.
L. 101-624, title XI, 1101, 104 Stat. 3491.)
This Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63
Stat. 1051, as amended, known as the Agricultural Act of 1949, which is
classified principally to this chapter ( 1421 et seq.). For complete
classification of this Act to the Code, see Short Title note set out
under section 1421 of this title and Tables.
A prior section 1461, act Oct. 31, 1949, ch. 792, title V, 501, as
added July 12, 1951, ch. 223, 65 Stat. 119, and amended Mar. 16,
1954, ch. 98, 68 Stat. 28, provided for powers, duties, and guaranties
of Secretary of Labor as part of a program for recruiting agricultural
workers from Mexico for employment up to December 31, 1964.
1990 -- Pub. L. 101-624 amended section generally. Prior to
amendment, section read as follows: ''The purpose of this subchapter is
to prescribe a system for establishing farm and crop acreage bases and
program yields for the wheat, feed grain, upland cotton, and rice
programs under this Act that is efficient, equitable, flexible, and
predictable.''
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Section 1031 of Pub. L. 99-198 provided that this subchapter is
effective for 1986 through 1990 crops of wheat, feed grains, upland
cotton, and rice.
07 USC 1462. Definitions
TITLE 7 -- AGRICULTURE
For purposes of this subchapter --
(1) County committee
The term ''county committee'' means the county committee established
under section 590h(b) of title 16 for the county in which the farm is
administratively located.
(2) Oilseed
The term ''oilseed'' means a crop of soybeans, sunflower seed,
rapeseed, canola, safflower, flaxseed, mustard seed, or, if designated
by the Secretary, other oilseeds.
(3) Program crop
The term ''program crop'' means a crop of wheat, corn, grain
sorghums, oats, barley, upland cotton, or rice.
(Oct. 31, 1949, ch. 792, title V, 502, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1461, and amended Nov. 28, 1990, Pub.
L. 101-624, title XI, 1101, 104 Stat. 3491.)
A prior section 1462, act Oct. 31, 1949, ch. 792, title V, 502, as
added July 12, 1951, ch. 223, 65 Stat. 119, and amended Aug. 9, 1955,
ch. 679, 2, 69 Stat. 615; Oct. 3, 1961, Pub. L. 87-345, 1, 75 Stat.
761, related to liabilities and guaranties of employers as part of a
program for recruiting agricultural workers from Mexico for employment
up to December 31, 1964.
1990 -- Pub. L. 101-624 amended section generally. Prior to
amendment, section read as follows: ''For purposes of this subchapter
--
''(1) the term 'program crop' means any crop of wheat, feed grains,
upland cotton, or rice; and
''(2) the term 'county committee' means the county committee
established under section 590h(b) of title 16 for the county in which
the farm is administratively located.''
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
07 USC 1463. Crop acreage bases
TITLE 7 -- AGRICULTURE
(a) Establishment
(1) In general
The Secretary shall provide for the establishment and maintenance of
crop acreage bases for each program crop, including any program crop
produced under an established practice of double cropping.
(2) Limitation
The sum of the crop acreage bases on the farm may not exceed the
cropland on the farm, except to the extent there is an established
practice of double cropping on the farm.
(3) ''Double cropping'' defined
As used in this subsection, the term ''double cropping'' means a
farming practice, as defined by the Secretary, that has been carried out
on a farm during at least 3 of the 5 crop years immediately preceding
the crop year for which the crop acreage base for the farm is
established.
(b) Calculation
(1) In general
Except as provided in paragraph (2), the crop acreage base for each
program crop for a farm for a crop year shall be the number of acres
that is equal to the average of the acreage planted and considered
planted to the program crop for harvest on the farm in each of the 5
crop years preceding the crop year.
(2) Cotton and rice
(A) In general
In the case of upland cotton and rice, except as provided in
subparagraph (B), the crop acreage base for such crop shall be equal to
the average of the acreage planted and considered planted to such crop
for harvest on the farm in each of the 3 crop years preceding such crop
year.
(B) Exception
(i) 1991 crops
In the case of each of the 1991 crops of upland cotton and rice, if
the producers on a farm did not participate in the production adjustment
program established for the 1989 and 1990 crops of upland cotton and
rice, respectively, the crop acreage base for the 1991 crop shall be
equal to the average of the acreage planted and considered planted to
such crop for harvest on the farm in each of the 5 crop years preceding
the 1991 crop year, excluding all crop years in which planted and
considered planted acreage was not established for the farm. Any crop
acreage base established in accordance with this subparagraph shall not
exceed a number of acres equal to the average of the acreage planted and
considered planted to such crop for harvest on the farm in each of the 2
crop years preceding the 1991 crop year.
(ii) 1992 crops
In the case of each of the 1992 crops of upland cotton and rice, if
the producers on a farm did not participate in the production adjustment
program established for the 1990 and 1991 crops of upland cotton and
rice, respectively, the crop acreage base for the 1992 crop shall be
equal to the average of the acreage planted and considered planted to
such crop for harvest on the farm in each of the 5 crop years preceding
the 1992 crop year, excluding all crop years in which planted and
considered planted acreage was not established for the farm. Any crop
acreage base established in accordance with this subparagraph shall not
exceed a number of acres equal to the average of the acreage planted and
considered planted to such crop for harvest on the farm in each of the 2
crop years preceding the 1992 crop year.
(c) Acreage considered planted
For purposes of this Act, acreage considered planted to a program
crop shall consist of --
(1) any reduced acreage and diverted acreage on the farm;
(2) any acreage on the farm that producers were prevented from
planting to the crop because of drought, flood, or other natural
disaster, or other condition beyond the control of the producers;
(3) acreage in an amount equal to the difference between the
permitted acreage for a program crop and the acreage planted to the
crop, if the acreage considered to be planted is devoted to conservation
uses or the production of commodities permitted by the Secretary under
the 0/92 or 50/92 programs established for any of the 1991 through 1995
crops of wheat, feed grains, upland cotton, and rice established under
sections 1445b-3a(c)(1)(E), 1444f(c)(1)(E), 1444-2( c)(1)(D), and
1441-2(c)(1)(D) of this title, respectively;
(4) acreage in an amount equal to the difference between the
permitted acreage for a program crop and the acreage planted to the
crop, if the acreage considered to be planted is devoted to the
production of commodities in accordance with section 1464 of this title;
(5) any acreage on the farm that the Secretary determines is
necessary to be included in establishing a fair and equitable crop
acreage base;
(6) acreage in an amount not to exceed 20 percent of the crop acreage
base for a crop of feed grains or wheat if --
(A) the acreage is planted to dry peas, /1/ (limited to Austrian
peas, wrinkled, seed, green, yellow, and umatilla) and lentils; and
(B) payments are not received by producers under sections 1444f(c)(
1)(E) and 1445b-3a(c)(1)(E) of this title, as the case may be;
(7) the crop acreage base for the crop, if producers on the farm
forgo receiving any payments under the program established under
subchapter II of this chapter for the crop and certify that no acreage
on the farm was planted to --
(A) the crop; or
(B) any fruit or vegetable crop (including potatoes and dry edible
beans) not designated as an industrial or experimental crop by the
Secretary, in excess of normal plantings; and
(8) any acreage on the farm for which the crop acreage base for the
crop on the farm was adjusted because of a condition or occurrence
beyond the control of the producer pursuant to subsection (h) of this
section.
(d) Construction of planting history
For the purpose of determining the crop acreage base for the 1991 and
subsequent crop years for any farm, the county committee, in accordance
with regulations prescribed by the Secretary, may construct a planting
history for such crop if --
(1) planting records for such crop for any of the 5 crop years
preceding such crop year are incomplete or unavailable; or
(2) during at least one but not more than 4 of the 5 crop years
preceding such crop year, the program crop was not produced on the farm.
(e) Crop rotation and other factors
The Secretary shall make adjustments to reflect crop rotation
practices and to reflect such other factors as the Secretary determines
should be considered in determining a fair and equitable crop acreage
base, including adjustments necessary to enable producers to meet the
requirements of title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.).
(f) Prevented planting
If a county committee determines, in accordance with regulations
prescribed by the Secretary, that the occurrence of a natural disaster
or other similar condition beyond the control of the producer prevented
the planting of a program crop on any farm within the county (or
substantially destroyed any such program crop after it had been planted
but before it had been harvested), the producer may plant any other
crop, including any other program crop, on the acreage of such farm
that, but for the occurrence of such disaster or other condition, would
have been devoted to the production of a program crop. For purposes of
determining the crop acreage base, any acreage on the farm on which a
substitute crop, including any program crop, is planted under this
subsection shall be taken into account as if such acreage had been
planted to the program crop for which the other crop was substituted.
(g) Subsequent crop years
A producer who is eligible to receive a deficiency payment for any
program crop or crop of extra long staple cotton in any crop year with
respect to a farm may not use the acreage planted or considered planted
to any program crop or crop of extra long staple cotton on the farm in
the crop year to increase any crop acreage base established for the farm
in a subsequent crop year.
(h) Adjustment of bases
(1) In general
The county committee, in accordance with regulations prescribed by
the Secretary, may adjust any crop acreage base for any program crop for
any farm if the crop acreage base for the crop on the farm would
otherwise be adversely affected by a condition or occurrence beyond the
control of the producer.
(2) Restoration of crop acreage base
(A) In general
For the 1992 through 1995 crop years, the county committee shall
allow an eligible producer to increase individual crop acreage bases on
the farm, subject to subsection (a)(2) of this section, above the levels
of base that would otherwise be established under this section, in order
to restore the total of crop acreage bases on the farm for the 1992
through 1995 crop years to the same level as the total of crop acreage
bases on the farm for the 1990 crop year.
(B) ''Eligible producer'' defined
For the purposes of this paragraph, the term ''eligible producer''
means a producer of upland cotton or rice who, the appropriate county
committee determines --
(i) was required to reduce one or more individual crop acreage bases
on the farm during the 1991 crop year in order to comply with subsection
(a)(2) of this section and the change in the calculation of cotton and
rice crop acreage bases to a 3-year formula as provided in this section;
and
(ii) has participated in the price support program during the 1991
crop year and each subsequent crop year through the current crop year.
(C) Regulations
The Secretary shall issue regulations to carry out this paragraph.
(Oct. 31, 1949, ch. 792, title V, 503, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1461, and amended Aug. 11, 1988, Pub.
L. 100-387, title III, 302(a), 102 Stat. 947; Aug. 14, 1989, Pub. L.
101-81, 2, 103 Stat. 563; Nov. 28, 1990, Pub. L. 101-624, title XI,
1101, 104 Stat. 3491; Dec. 13, 1991, Pub. L. 102-237, title I, 112(a),
(b), 105 Stat. 1836.)
This Act, referred to in subsec. (c), is act Oct. 31, 1949, ch.
792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949,
which is classified principally to this chapter ( 1421 et seq.). For
complete classification of this Act to the Code, see Short Title note
set out under section 1421 of this title and Tables.
The Food Security Act of 1985, referred to in subsec. (e), is Pub.
L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Title XII of the
Act, popularly known as the ''Sodbuster Law'', is classified principally
to chapter 58 ( 3801 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Tables.
A prior section 1463, act Oct. 31, 1949, ch. 792, title V, 503, as
added July 12, 1951, ch. 223, 65 Stat. 120, and amended Aug. 9, 1955,
ch. 679, 3, 69 Stat. 615; Oct. 3, 1961, Pub. L. 87-345, 2, 75 Stat.
761, related to certification of need for workers, consultation with
employers and workers, and posting of information as part of a program
for recruiting agricultural workers from Mexico for employment up to
December 31, 1964.
A prior section 1463a, act Oct. 31, 1949, ch. 792, title V, 504, as
added Oct. 3, 1961, Pub. L. 87-345, 3, 75 Stat. 761, restricted
duration and nature of employment as part of a program for recruiting
agricultural workers from Mexico for employment up to December 31, 1964.
1991 -- Subsec. (c)(6) to (8). Pub. L. 102-237, 112(a), added par.
(6) and redesignated former pars. (6) and (7) as (7) and (8),
respectively.
Subsec. (h)(1), (2). Pub. L. 102-237, 112(b), designated existing
provisions as par. (1), inserted heading, and added par. (2).
1990 -- Pub. L. 101-624 amended section generally, substituting
provisions relating to crop acreage bases for provisions relating to the
establishment and maintenance of farm acreage bases for 1986 and
subsequent crop years.
1989 -- Subsec. (c)(1). Pub. L. 101-81 temporarily struck out ''if
the acreage limitation percentage established for a crop of feed grains
under section 1444e(f) of this title is 12.5 percent or less,'' after
''effective for each of the 1989 and 1990 crops,''. See Effective and
Termination Dates of 1989 Amendment note below.
1988 -- Subsec. (c). Pub. L. 100-387 added subsec. (c).
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Section 2 of Pub. L. 101-81 provided that the amendment made by that
section is effective only for 1990 crops.
/1/ So in original. The comma probably should not appear.
07 USC 1464. Planting flexibility
TITLE 7 -- AGRICULTURE
(a) In general
The producers on a farm may, in accordance with this section, plant
for harvest on the crop acreage base established for a program crop a
commodity, other than the specific program crop, without suffering a
reduction in the crop acreage base as a result of the production.
(b) Specified commodities
(1) Permitted crops
Except as provided in paragraph (2), for purposes of this section,
the commodities that may be planted for harvest on a crop acreage base
are --
(A) any program crop;
(B) any oilseed;
(C) any industrial or experimental crop designated by the Secretary;
(D) any other crop, except any fruit or vegetable crop (including
potatoes and dry edible beans) not designated by the Secretary as --
(i) an industrial or experimental crop; or
(ii) a crop for which no substantial domestic production or market
exists; and
(E) mung beans.
(2) Limitation
For purposes of this section, the Secretary may, at the discretion of
the Secretary, prohibit the planting on a crop acreage base of any crop
specified in paragraph (1).
(3) Notification
With regard to commodities that may be planted pursuant to this
subsection, the Secretary shall make a determination in each crop year
of the commodities that may not be planted pursuant to this subsection
and shall make available a list of the commodities.
(c) Limitation on acreage
(1) In general
Except as provided in paragraph (2), the quantity of the crop acreage
base that may be planted to a commodity, other than the specific program
crop, under this section may not exceed 25 percent of the crop acreage
base.
(2) Exception for soybeans
If on January 1 of any calendar year the Secretary estimates that the
national average price of soybeans during the following marketing year
for soybeans would be less than 105 percent of the nonrecourse loan
level for soybeans established in section 1446f of this title if
soybeans were allowed to be planted on up to 25 percent of the crop
acreage base under this section, the quantity of the crop acreage base
that may be planted to soybeans under this section may not exceed 15
percent of the crop acreage base.
(d) Plantings in excess of permitted acreage
Notwithstanding any other provision of this Act, producers of a
program crop who are participating in the production adjustment program
for that program crop under this Act shall be allowed to plant that
program crop in a quantity that exceeds the permitted acreage for that
crop without losing their eligibility for loans, purchases, or payments
with respect to that crop under this Act if --
(1) the acreage planted to the program crop on the farm in excess of
the permitted acreage does not exceed 25 percent of the crop acreage
bases on the farm for other program crops; and
(2) the producer agrees to a reduction in permitted acreage for the
other program crops produced on the farm by a quantity equal to the
overplanting.
(e) Loan eligibility
(1) In general
Producers of a specific program crop (referred to in this subsection
as the ''original program crop'') who plant for harvest on the crop
acreage base established for such original program crop another program
crop in accordance with this section and who are not participants in the
program established for such other program crop shall be eligible to
receive loans, purchases, or loan deficiency payments for such other
program crop on the same terms and conditions as are provided to
participants in a production adjustment program established for such
other program crop.
(2) Requirements
Producers shall be eligible to receive loans, purchases, or loan
deficiency payments under this subsection if the producers --
(A) plant such other program crop in an amount that does not exceed
25 percent of the crop acreage base established for the original program
crop; and
(B) agree to a reduction in the permitted acreage for the original
program crop for the particular crop year.
(Oct. 31, 1949, ch. 792, title V, 504, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1461, and amended Feb. 28, 1986, Pub.
L. 99-253, 4, 100 Stat. 37; Mar. 20, 1986, Pub. L. 99-260, 8, 100 Stat.
51; Aug. 11, 1988, Pub. L. 100-387, title III, 301(a)(1), 102 Stat.
945; Aug. 14, 1989, Pub. L. 101-81, 1, 103 Stat. 563; Aug. 14, 1989,
Pub. L. 101-82, title VI, 603(a), 103 Stat. 587; Dec. 19, 1989, Pub. L.
101-239, title I, 1002(a), 103 Stat. 2106; Nov. 28, 1990, Pub. L.
101-624, title XI, 1101, 104 Stat. 3494; Dec. 13, 1991, Pub. L.
102-237, title I, 112(c), 105 Stat. 1837.)
This Act, referred to in subsec. (d), is act Oct. 31, 1949, ch.
792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949,
which is classified principally to this chapter ( 1421 et seq.). For
complete classification of this Act to the Code, see Short Title note
set out under section 1421 of this title and Tables.
A prior section 1464, act Oct. 31, 1949, ch. 792, title V, 505,
formerly 504, as added July 12, 1951, ch. 223, 65 Stat. 120, and
renumbered Oct. 3, 1961, Pub. L. 87-345, 3, 75 Stat. 761, related to
workers subject to immigration laws, dispensed with need of penalty
bond, and provided for effect of use of ''wetback'' labor as part of a
program for recruiting agricultural workers from Mexico for employment
up to December 31, 1964.
1991 -- Subsec. (b)(1)(E). Pub. L. 102-237 added subpar. (E).
1990 -- Pub. L. 101-624 amended section generally, substituting
provisions authorizing producers to plant crops, other than specific
program crops, without a reduction in crop acreage base for provisions
relating to the establishment and maintenance of crop acreage bases for
each program crop, defining ''double cropping'' and determining crop
acreage bases.
1989 -- Subsec. (b)(2)(E). Pub. L. 101-81, 1(1), temporarily added
subpar. (E). Former subpar. (E) redesignated (F). See Effective and
Termination Dates of 1989 Amendments note below.
Subsec. (b)(2)(E)(i). Pub. L. 101-82 inserted ''mung bean, mustard,''
after ''milkweed,''.
Subsec. (b)(2)(F). Pub. L. 101-81, 1(2), temporarily redesignated
subpar. (E) as (F). See Effective and Termination Dates of 1989
Amendments note below.
Subsec. (e). Pub. L. 101-239, in temporarily amending subsec. (e)
generally, made provisions applicable to 1990 crops only instead of to
1989 and 1990 crops, authorized planting of safflower permitted acreage,
removed 10 percent as minimum acreage required to be planted with
program crops, and substituted 110 percent for 115 percent as percentage
of loan rate for 1990 crops used to determine permitted acreage. See
Effective and Termination Dates of 1989 Amendments note below.
1988 -- Subsec. (e). Pub. L. 100-387 temporarily added subsec. (e).
See Effective and Termination Dates of 1988 Amendment note below.
1986 -- Subsec. (b)(1)(B)(ii). Pub. L. 99-253 substituted ''clause
(i)'' for ''paragraph (1)(A) and paragraph (1)(B)(i)''.
Subsec. (b)(2)(C). Pub. L. 99-260, 8(2), added subpar. (C) and
struck out former subpar. (C) which read as follows: ''acreage in an
amount equal to the difference between the permitted acreage for a
program crop and the acreage planted to the crop, if the acreage
considered to be planted is planted to a nonprogram crop, other than
soybeans and extra long staple cotton; and''.
Subsec. (b)(2)(D), (E). Pub. L. 99-260, 8, added subpar. (D) and
redesignated former subpar. (D) as (E).
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Section 1002(a) of Pub. L. 101-239 provided that the amendment made
by that section is effective only for 1990 crops.
Section 603(b) of Pub. L. 101-82 provided that: ''The amendment
made by subsection (a) (amending this section) shall become effective 1
day after the date of enactment of the Act so entitled (Pub. L. 101-81,
approved Aug. 14, 1989).''
Section 1 of Pub. L. 101-81 provided that the amendment made by that
section is effective only for 1990 crops.
Section 301(a)(1) of Pub. L. 100-387 provided that the amendment
made by that section is effective for 1989 and 1990 crops.
Section 301(b) of Pub. L. 100-387, as amended by Pub. L. 101-624,
title XV, 1541, Nov. 28, 1990, 104 Stat. 3691; Pub. L. 102-237, title
VI, 602(b), Dec. 13, 1991, 105 Stat. 1878, provided that:
''(1) The Secretary of Agriculture shall determine if the price of
cottonseed or cottonseed products is adversely affected by the amendment
made by subsection (a)(1) (amending this section). If the Secretary
determines that any such price has been adversely affected, the
Secretary shall support the price of cottonseed and cottonseed products
through loans, purchases, export assistance, or any other form of
assistance, as necessary to offset such adverse effect.
''(2)(A)(i) Effective for each of the fiscal years 1991 through 1995,
$50,000,000 of the funds made available under section 32 of the Act
entitled 'An Act to amend the Agricultural Adjustment Act, and for other
purposes', approved August 24, 1935 (7 U.S.C. 612c), shall, to the
extent provided in appropriations Acts, be utilized during each such
fiscal year as provided for in clause (1) of the second sentence of such
section to encourage the sale of additional quantities of sunflowerseed
oil and cottonseed oil in world markets at competitive world prices
through the payment of benefits in connection with the exportation of
such commodities.
''(ii) Clause (i) shall be implemented in such a manner as to
maximize the export of such oils by assuring that the sums made
available under such clause are fully obligated in the year or years in
which --
''(I) such sums are made available; and
''(II) the domestic prices of such oils exceed competitive world
prices.
''(iii) In determining sales on which benefits are to be provided
under this subparagraph, the Secretary shall take into consideration
solely the amount of benefits needed to encourage the sale.
''(iv) In carrying out this subparagraph, the Secretary shall ensure
that, to the maximum extent practicable, equivalent amounts of funds are
used during each fiscal year to encourage the sale of sunflowerseed oil
and cottonseed oil in world markets.
''(B) To the extent practicable, facilitation of cottonseed oil
exports shall be accomplished through the use of authorities available
to the Secretary other than the authority granted in subparagraph (A).
''(3) Except as otherwise provided in paragraph (2)(A), the Secretary
shall use the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this subsection.''
07 USC 1465. Farm program payment yields
TITLE 7 -- AGRICULTURE
(a) Establishment
The Secretary shall provide for the establishment of a farm program
payment yield for each farm for each program crop for each crop year in
accordance with subsection (b) or (c) of this section.
(b) Farm program payment yields based on 1990 crop year
(1) In general
If the Secretary determines that farm program payment yields shall be
established in accordance with this subsection, except as provided in
paragraphs (2) and (3), the farm program payment yield for each of the
1991 through 1995 crop years shall be the farm program payment yield for
the 1990 crop year for the farm.
(2) Additional yield payments
In the case of each of the 1991 through 1995 crop years for a
commodity, if the farm program payment yield for a farm is reduced more
than 10 percent below the farm program payment yield for the 1985 crop
year, the Secretary shall make available to producers established price
payments for the commodity in such amount as the Secretary determines is
necessary to provide the same total return to producers as if the farm
program payment yield had not been reduced more than 10 percent below
the farm program payment yield for the 1985 crop year. The payments
shall be made available not later than the time final deficiency
payments are made.
(3) No crop or yield available
If no crop of the commodity was produced on the farm or no farm
program payment yield was established for the farm for any of the 1981
through 1985 crop years (or, as appropriate, the 1986 through 1990 crop
years), the farm program payment yield shall be established on the basis
of the average farm program payment yield for the crop years for similar
farms in the area.
(4) National, State, or county yields
If the Secretary determines the action is necessary, the Secretary
may establish national, State, or county program payment yields on the
basis of --
(A) historical yields, as adjusted by the Secretary to correct for
abnormal factors affecting the yields in the historical period; or
(B) the Secretary's estimate of actual yields for the crop year
involved if historical yield data is not available.
(5) Balancing yields
If national, State, or county program payment yields are established,
the farm program payment yields shall balance to the national, State, or
county program payment yields.
(c) Determination of yields
(1) Actual yields
With respect to the 1991 and subsequent crop years, the Secretary may
--
(A) establish the farm program payment yield as provided in
subsection (a) of this section; or
(B) establish a farm program payment yield for any program crop for
any farm on the basis of the average of the yield per harvested acre for
the crop for the farm for each of the 5 crop years immediately preceding
the crop year, excluding the crop year with the highest yield per
harvested acre, the crop year with the lowest yield per harvested acre,
and any crop year in which such crop was not planted on the farm.
(2) Prior yields
For purposes of the preceding sentence, the farm program payment
yield for the 1986 crop year and the actual yield per harvested acre
with respect to the 1987 and subsequent crop years shall be used in
determining farm program payment yields.
(3) Reduction limitation
Notwithstanding any other provision of this paragraph, for purposes
of establishing a farm program payment yield for any program crop for
any farm for the 1991 and subsequent crop years, the farm program
payment yield for the 1986 crop year may not be reduced more than 10
percent below the farm program payment yield for the farm for the 1985
crop year.
(4) Adjustment of yields
The county committee, in accordance with regulations prescribed by
the Secretary, may adjust any farm program payment yield for any program
crop for any farm if the farm program payment yield for the crop on the
farm does not accurately reflect the productive potential of the farm.
(d) Assignment of yields
In the case of any farm for which the actual yield per harvested acre
for any program crop referred to in subsection (c) of this section for
any crop year is not available, the county committee may assign the farm
a yield for the crop for the crop year on the basis of actual yields for
the crop for the crop year on similar farms in the area.
(e) Actual yield data
(1) Provision
The Secretary shall, under such terms and conditions as the Secretary
may prescribe, allow producers to provide to county committees data with
respect to the actual yield for each farm for each program crop.
(2) Maintenance
The Secretary shall maintain the data for at least 5 crop years after
receipt in a manner that will permit the data to be used, if necessary,
in the administration of the commodity programs.
(3) Notification
The Secretary shall provide timely notification to producers of the
provisions of this subsection.
(Oct. 31, 1949, ch. 792, title V, 505, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1462, and amended Nov. 28, 1990, Pub.
L. 101-624, title XI, 1101, 104 Stat. 3495.)
A prior section 1465, act Oct. 31, 1949, ch. 792, title V, 506( c),
formerly 505(c), as added July 12, 1951, ch. 223, 65 Stat. 121, and
renumbered Oct. 3, 1961, Pub. L. 87-345, 3, 75 Stat. 761, provided
for an exemption from a head tax as part of a program for recruiting
agricultural workers from Mexico for employment up to December 31, 1964.
A prior section 1465a, act Oct. 31, 1949, ch. 792, title V, 506(
d), as added Oct. 3, 1961, Pub. L. 87-345, 4, 75 Stat. 761, provided
for illness or disability tax as part of a program for recruiting
agricultural workers from Mexico for employment up to December 31, 1964.
1990 -- Pub. L. 101-624 amended section generally, substituting
provisions establishing farm program payment yields for provisions
authorizing Secretary to provide for upward adjustments of any crop
acreage base for any farm for any crop year.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
07 USC 1466. Planting and production history of farms
TITLE 7 -- AGRICULTURE
Each county committee, in accordance with regulations prescribed by
the Secretary, may require any producer who seeks to establish a crop
acreage base or farm program payment yield for a farm for a crop year to
provide planting and production history of the farm for each of the 5
crop years immediately preceding the crop year.
(Oct. 31, 1949, ch. 792, title V, 506, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1463, and amended Mar. 20, 1986, Pub.
L. 99-260, 3, 100 Stat. 48; Dec. 22, 1987, Pub. L. 100-203, title I,
1109, 101 Stat. 1330-6; Dec. 12, 1989, Pub. L. 101-220, 11( a), 103
Stat. 1882; Nov. 28, 1990, Pub. L. 101-624, title XI, 1101, 104 Stat.
3497.)
A prior section 1466, act Oct. 31, 1949, ch. 792, title V, 507,
formerly 506, as added July 12, 1951, ch. 223, 65 Stat. 121, and
renumbered Oct. 3, 1961, Pub. L. 87-345, 3, 75 Stat. 761, related to
utilization of Federal and State agencies by Secretary of Labor as part
of a program for recruiting agricultural workers from Mexico for
employment up to December 31, 1964.
A prior section 506(a), formerly 505(a), of act Oct. 31, 1949, ch.
792, title V, as added July 12, 1951, ch. 223, 65 Stat. 120, and
renumbered Oct. 3, 1961, Pub. L. 87-345, 3, 75 Stat. 761, amended
section 410(a)(1) of Title 42, The Public Health and Welfare.
1990 -- Pub. L. 101-624 amended section generally, substituting
provisions authorizing county committees to require producers who seek
to establish a crop acreage base or program payment yield to produce a
planting and production history of farm for previous 5 crop years, for
provisions relating to establishment of program payment yields.
1989 -- Subsec. (e). Pub. L. 101-220 temporarily added subsec. (e).
See Effective and Termination Dates of 1989 Amendment note below.
1987 -- Subsec. (b)(2)(C). Pub. L. 100-203 temporarily added subpar.
(C). See Effective and Termination Dates of 1987 Amendment note below.
1986 -- Subsec. (b)(1). Pub. L. 99-260, 3(a)(1), substituted
''paragraphs (2) and (3)'' for ''paragraph (2)''.
Subsec. (b)(2) to (5). Pub. L. 99-260, 3(a)(2), (3), added par. (2)
and redesignated former pars. (2) to (4) as (3) to (5), respectively.
Subsec. (c)(1). Pub. L. 99-260, 3(b), inserted provision that for
purposes of establishing a farm program payment yield for any program
crop for any farm for the 1988 and subsequent crop years, the farm
program payment yield for the 1986 crop year may not be reduced more
than 10 percent below the farm program payment yield for the farm for
the 1985 crop year.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
Section 11(a) of Pub. L. 101-220 provided that the amendment made by
that section is effective for 1989 and 1990 crops of wheat, feed grains,
upland cotton, and rice.
Section 1109 of Pub. L. 100-203 provided that the amendment made by
that section is effective only for 1988 through 1990 crops of wheat,
feed grains, upland cotton, and rice.
Section 11(b) of Pub. L. 101-220 provided that: ''With respect to
the 1989 and 1990 crop years, the Secretary shall allow producers of
soybeans to provide to county committees (as defined in section 502 of
the Agricultural Act of 1949 (7 U.S.C. 1462)) data with respect to the
actual yield for each farm for each crop of soybeans. The Secretary
shall maintain such data for at least five crop years after receipt in
such a manner as to be easily accessible. The Secretary shall provide
timely notification to producers of the provisions of this section.''
07 USC 1467. Establishment of bases and yields by county committees
TITLE 7 -- AGRICULTURE
Each county committee may, in accordance with regulations prescribed
by the Secretary, provide for the establishment of a crop acreage base,
and farm program payment yield with respect to any farm administratively
located within the county if the crop acreage base or farm program
payment yield cannot otherwise be established under this subchapter.
The crop acreage bases and farm program payment yields shall be
established in a fair and equitable manner, but no such bases or farm
program payment yields shall be established for a farm if the producer
on the farm is subject to sanctions under any provision of Federal law
for cultivating highly erodible land or converted wetland.
(Oct. 31, 1949, ch. 792, title V, 507, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1463, and amended Nov. 28, 1990, Pub.
L. 101-624, title XI, 1101, 104 Stat. 3497.)
A prior section 1467, act Oct. 31, 1949, ch. 792, title V, 508,
formerly 507, as added July 12, 1951, ch. 223, 65 Stat. 121,
renumbered and amended Oct. 3, 1961, Pub. L. 87-345, 3, 5, 75 Stat.
761, defined ''agricultural employment'' and ''employer'' for purposes
of the program for recruiting agricultural workers from Mexico for
employment up to December 31, 1964.
1990 -- Pub. L. 101-624 amended section generally, substituting
provisions relating to establishment of bases and yields by county
committees for provisions requiring producers who want to establish a
farm or crop acreage base or program payment yield to produce a 5 year
planting and production history of farm.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
07 USC 1468. Appeals
TITLE 7 -- AGRICULTURE
The Secretary shall establish an administrative appeal procedure that
provides for an administrative review of determinations made with
respect to crop acreage bases and farm program payment yields.
(Oct. 31, 1949, ch. 792, title V, 508, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1464, and amended Nov. 28, 1990, Pub.
L. 101-624, title XI, 1101, 104 Stat. 3497.)
A prior section 1468, act Oct. 31, 1949, ch. 792, title V, 509,
formerly 508, as added July 12, 1951, ch. 223, 65 Stat. 121, and
renumbered Oct. 3, 1961, Pub. L. 87-345, 3, 75 Stat. 761, related to
importation of workers from other foreign countries with regard to a
program of recruiting agricultural workers from Mexico for employment up
to December 31, 1964.
1990 -- Pub. L. 101-624 amended section generally, substituting
provisions relating to establishment of an appeals procedure to review
determinations made with respect to crop acreage bases and program
payment yields for provisions relating to establishment of bases and
yields not otherwise capable of establishment by county committees for
farms administratively located within a county.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
07 USC 1469. Crops
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law, this subchapter shall be
effective only for the 1991 through 1995 program crops.
(Oct. 31, 1949, ch. 792, title V, 509, as added Dec. 23, 1985, Pub.
L. 99-198, title X, 1031, 99 Stat. 1464, and amended Nov. 28, 1990, Pub.
L. 101-624, title XI, 1101, 104 Stat. 3497.)
A prior section 509, formerly 508, of act Oct. 31, 1949, was
formerly classified to section 1468 of this title. See Prior Provisions
note set out under section 1468 of this title.
1990 -- Pub. L. 101-624 amended section generally, substituting
provisions stating that this subchapter would be effective only for 1991
through 1995 program crops for provisions relating to procedures to
review determinations made with respect to farm acreage bases and
program payment yields.
Amendment by Pub. L. 101-624 effective beginning with 1991 crop of
an agricultural commodity, with provision for prior crops, see section
1171 of Pub. L. 101-624, set out as a note under section 1421 of this
title.
07 USC SUBCHAPTER V -- EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988
TITLE 7 -- AGRICULTURE
07 USC 1471. Definitions
TITLE 7 -- AGRICULTURE
As used in this subchapter:
(1) The term ''livestock producer'' means --
(A) a person that is actively engaged in farming and that receives a
substantial amount of total income from the production of grain or
livestock, as determined by the Secretary, that is --
(i) an established producer or husbander of livestock or a dairy
producer who is a citizen of, or legal resident alien in, the United
States; or
(ii) a farm cooperative, private domestic corporation, partnership,
or joint operation in which a majority interest is held by members,
stockholders, or partners who are citizens of, or legal resident aliens
in, the United States, if such cooperative, corporation, partnership, or
joint operation is engaged in livestock production or husbandry, or
dairy production; or
(B) Any /1/ of the following entities that is actively engaged in
livestock production or husbandry, or dairy production --
(i) any Indian tribe (as defined in section 450b(b) of title 25);
/2/
(ii) any Indian organization or entity chartered under the Act of
June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 461 et seq.),
commonly known as the ''Indian Reorganization Act'';
(iii) any tribal organization (as defined in section 450b(c) of title
25); /2/ or
(iv) any economic enterprise (as defined in section 1452(e) of title
25);
(2) The term ''livestock'' means cattle, sheep, goats, swine, poultry
(including egg-producing poultry), equine animals used for food or in
the production of food, fish used for food, and other animals designated
by the Secretary (at the Secretary's sole discretion) that --
(A) are part of a foundation herd (including producing dairy cattle)
or offspring; or
(B) are purchased as part of a normal operation and not to obtain
additional benefits under this subchapter.
(3) The term ''State'' means any State of the United States, the
Commonwealth of Puerto Rico, the Virgin Islands, or Guam.
(4) The term ''feed'', for the purposes of emergency feed assistance,
means any type of feed (including feed grain, oilseed meal, premix or
mixed feed, liquid or dry supplemental feed, roughage, pasture, or
forage) that --
(A) best suits the livestock producer's operation; and
(B) is consistent with acceptable feed practices.
(5) The term ''area'' includes any Indian reservation (as defined in
section 1985(e)(1)(D)(ii) of this title).
(Oct. 31, 1949, ch. 792, title VI, 602, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 926.)
Section 450b of title 25, referred to in par. (1)(B)(i), (iii), was
amended generally by Pub. L. 100-472, title I, 103, Oct. 5, 1988, 102
Stat. 2286, and as so amended, the terms ''Indian tribe'' and ''tribal
organization'' are defined in subsecs. (e) and (l), respectively.
Act of June 18, 1934, referred to in par. (1)(B)(ii), is act June
18, 1934, ch. 576, 48 Stat. 984, as amended, popularly known as the
Indian Reorganization Act, which enacted sections 461, 462, 463, 464,
465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and 479 of Title
25, Indians. For complete classification of this Act to the Code, see
Short Title note set out under section 461 of Title 25 and Tables.
Section effective 15 days after Aug. 11, 1988, see section 101(c)(
1) of Pub. L. 100-387, set out as an Effective and Termination Dates of
1988 Amendment note under section 1427 of this title.
For short title of title VI of act Oct. 31, 1949, ch. 792, which
enacted this subchapter, as the ''Emergency Livestock Feed Assistance
Act of 1988'', see Short Title of 1988 Amendment note set out under
section 1421 of this title.
/1/ So in original. Probably should be not be capitalized.
/2/ See References in Text note below.
07 USC 1471a. Emergency livestock assistance
TITLE 7 -- AGRICULTURE
(a) The Secretary shall provide emergency feed assistance under this
subchapter for the preservation and maintenance of livestock in any
State or area of a State where, because of disease, insect infestation,
flood, drought, fire, hurricane, earthquake, storm, hot weather, or
other natural disaster, the Secretary determines that a livestock
emergency exists.
(b)(1) The Secretary shall provide emergency feed assistance under
this subchapter for the preservation and maintenance of livestock, to
livestock producers that --
(A) conduct farming, ranching, or aquaculture operations in any
county contiguous to a county where the Secretary has determined, under
subsection (a) of this section, that a livestock emergency exists, and
(B) are otherwise eligible for assistance under this subchapter.
(2) The Secretary shall accept applications for assistance under this
subsection from producers that are affected by the livestock emergency
at any time during the eight-month period beginning on the date on which
the Secretary determines that such emergency exists in the other county.
(Oct. 31, 1949, ch. 792, title VI, 603, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 927.)
Section effective 15 days after Aug. 11, 1988, see section 101(c)(
1) of Pub. L. 100-387, set out as an Effective and Termination Dates of
1988 Amendment note under section 1427 of this title.
07 USC 1471b. Determination of need for assistance
TITLE 7 -- AGRICULTURE
(a) Determination and request by Governor or county committee
(1) Whenever the Governor of a State determines that a livestock
emergency due to a natural disaster exists in the State, or a county
committee established under section 590h(b) of title 16 determines that
such an emergency exists in the county, the Governor or county committee
may submit a request for a determination by the Secretary of a livestock
emergency in such State or county and for emergency livestock feed
assistance under this subchapter.
(2) The request of a Governor or county committee for a livestock
emergency determination and for emergency livestock feed assistance
shall include, to the extent feasible, recommendations to the Secretary
of those options that will most fully use feed available through local
sources.
(b) Consideration for assistance without request
The Secretary may consider a State, county, or area in a State for a
livestock emergency determination and emergency livestock feed
assistance under this subchapter whether or not a request for assistance
is submitted, as described in subsection (a) of this section.
(c) Prompt action by Secretary
The Secretary shall act on requests for determinations under
subsection (a) of this section and make final determinations on whether
a livestock emergency exists in any State, county, or area, under
regulations that ensure thorough and prompt action (not later than 30
days after receipt of any such request) and provide for appropriate
notification procedures.
(d) Eligibility under prior programs; availability of other programs
Notwithstanding the preceding provisions of this section, any State,
county, or area determined eligible, due to drought or related
conditions in 1988, for the emergency feed program or emergency feed
assistance program conducted prior to the effective date of this
subchapter shall continue to be eligible for such programs and may be
eligible for other programs under this subchapter for such drought or
related condition. As soon as practicable after the effective date of
this subchapter, the Secretary shall determine whether any of the
programs described in section 1471d of this title, other than the
emergency feed program under section 1471d(a)(4) of this title and the
emergency feed assistance program under section 1471d(a)(2) of this
title, or in section 1471e of this title should be made available in
such State, county, or area. If the Secretary makes such determination,
the Secretary shall make such programs immediately available to
livestock producers in the State, county, or area.
(Oct. 31, 1949, ch. 792, title VI, 604, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 927.)
The effective date of this subchapter, referred to in subsec. (d), is
15 days after Aug. 11, 1988, the effective date of section 101(a) of
Pub. L. 100-387. See section 101(c) of Pub. L. 100-387, set out as a
note under section 1427 of this title.
Section effective 15 days after Aug. 11, 1988, with subsec. (d) of
this section applicable only with respect to any livestock emergency in
1988, see section 101(c) of Pub. L. 100-387, set out as an Effective
and Termination Dates of 1988 Amendment note under section 1427 of this
title.
07 USC 1471c. Eligible producers
TITLE 7 -- AGRICULTURE
(a) Qualifying livestock producers
(1) If the Secretary determines that a livestock emergency exists in
a State, county, or area, qualifying livestock producers located in such
State, county, or area, or in a contiguous county as provided for in
section 1471a(b) of this title, shall be eligible (under application
procedures established by the Secretary) for emergency feed assistance
under this subchapter in accordance with this subsection.
(2) For the purposes of this subsection, a ''qualifying livestock
producer'' is a livestock producer who has suffered a substantial loss
in feed normally produced on the farm for such producer's livestock as a
result of the livestock emergency and, as a result, does not have
sufficient feed that has adequate nutritive value and is suitable for
each of such producer's particular types of livestock (as of the date of
the request, or initiation of consideration, for a determination of a
livestock emergency under section 1471b of this title) for the estimated
duration of the emergency.
(3) Each qualifying livestock producer shall be eligible for
emergency feed assistance under the programs specified in section
1471d(a) of this title that is made available where the producer is
located in quantities sufficient to meet such feed deficiency with
respect to the producer's livestock normally fed with feed produced by
the producer.
(b) Availability of additional assistance
Each livestock producer in such State, county, or area, or in a
contiguous county as provided for in section 1471a(b) of this title,
regardless of whether the producer qualifies for assistance under
subsection (a) of this section, shall be eligible for emergency
assistance under the programs specified in section 1471e of this title
that are made available where the producer is located.
(c) Program participation option
Any livestock producer, located in a county or area in which benefits
under the emergency feed program or the emergency feed assistance
program were made available due to the drought or related condition in
1988 prior to the effective date of this subchapter, who qualifies for
assistance under such pre-existing programs shall be eligible for
assistance for such drought or related conditions as prescribed in
subsection (a) of this section or, at the producer's option, for
assistance under such pre-existing programs.
(Oct. 31, 1949, ch. 792, title VI, 605, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 928.)
The effective date of this subchapter, referred to in subsec. (c), is
15 days after Aug. 11, 1988, the effective date of section 101(a) of
Pub. L. 100-387. See section 101(c) of Pub. L. 100-387, set out as a
note under section 1427 of this title.
Section effective 15 days after Aug. 11, 1988, with subsec. (c) of
this section applicable only with respect to any livestock emergency in
1988, see section 101(c) of Pub. L. 100-387, set out as an Effective
and Termination Dates of 1988 Amendment note under section 1427 of this
title.
07 USC 1471d. Assistance programs
TITLE 7 -- AGRICULTURE
(a) Available programs
In accordance with section 1471c(a) of this title, the Secretary
shall make one or more of the following assistance programs available to
qualifying livestock producers in a State, county or area, if the
Secretary determines that the livestock emergency in such State, county
or area requires the implementation of such program:
(1) The donation of feed grain owned by the Commodity Credit
Corporation to producers who are financially unable to purchase feed
under paragraph (2) or to participate in any other program authorized
under this subsection.
(2) The sale of feed grain owned by the Commodity Credit Corporation
to producers for livestock feed at a price, established by the
Secretary, that does not exceed --
(A) with respect to such assistance provided for any livestock
emergency determined to exist prior to January 1, 1989, 75 percent of
the current basic county loan rate for such feed grain in effect under
this Act (or at a comparable price if there is no such current basic
county loan rate), or
(B) with respect to such assistance provided for any other livestock
emergency, 50 percent of the average market price in the county or area
involved, as determined by the Secretary.
(3) Reimbursement of any transportation and handling expenses
incurred, not to exceed 50 percent of such expenses, by a producer in
connection with feed grain donations or sales under paragraphs (1) and
(2).
(4) Reimbursement of not to exceed 50 percent of the cost of feed
purchased by a producer for the producer's livestock during the duration
of the livestock emergency.
(5) Hay and forage transportation assistance to producers of not to
exceed 50 percent of the cost of transporting hay or forage purchased
from a point of origin beyond a producer's normal trade area to the
livestock, subject to the following limitations:
(A) The transportation assistance may not exceed $50 per ton of
eligible hay or forage ($12.50 for silage).
(B) The quantity of eligible hay and forage for each producer may not
exceed the lesser of --
(i) 20 pounds per day per eligible animal unit; or
(ii) the quantity of additional feed needed by the producer for the
duration of the livestock emergency.
(6) Livestock transportation assistance to producers of not to exceed
50 percent of the cost of transporting livestock to and from available
grazing locations, except that such assistance may not exceed the lesser
of --
(A) $24 per head of a producer's eligible livestock; or
(B) the local cost of the quantity of additional feed needed by the
producer for the eligible livestock for duration of the livestock
emergency.
(b) Feed grain through dealer or manufacturer; reimbursement; feed
grain stored on farm of producer
If assistance is made available through the furnishing of feed grain
under paragraph (1) or (2) of subsection (a) of this section, the
Secretary --
(1) may provide for the furnishing of the feed grain through a dealer
or manufacturer and the replacing of the feed grain so furnished from
feed grain owned by the Commodity Credit Corporation; or
(2) at the option of the livestock producer, shall provide for the
furnishing of the feed grain through the use of feed grain stored on the
farm of the producer that has been pledged as collateral for a price
support loan made under this Act.
(c) Payments or reimbursements through issuance of negotiable
certificates
In providing assistance under paragraph (2) or (4) of subsection (a)
of this section, the Secretary may make in-kind payments or
reimbursements through the issuance of negotiable certificates that the
Commodity Credit Corporation shall exchange for a commodity in
accordance with rules prescribed by the Secretary.
(d) Approved application prerequisite to benefits
No payment or benefit provided under this section shall be payable or
due until such time as a completed application therefor has been
approved.
(e) Time for application
A person eligible to receive a payment or benefit under this section
with respect to a livestock emergency determined to exist prior to
January 1, 1989, shall make application for such payment or benefit not
later than March 31, 1989, or such later date that the Secretary, by
regulation, may prescribe.
(f) Livestock transportation assistance
The Secretary may make available at least $25,000,000 to provide
livestock transportation assistance under subsection (a)(6) of this
section for livestock emergencies in 1989.
(Oct. 31, 1949, ch. 792, title VI, 606, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 928, and amended Aug. 14, 1989,
Pub. L. 101-82, title II, 201, 202, 103 Stat. 581.)
This Act, referred to in subsecs. (a)(2)(A) and (b)(2), is act Oct.
31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the
Agricultural Act of 1949, which is classified principally to this
chapter ( 1421 et seq.). For complete classification of this Act to the
Code, see Short Title note set out under section 1421 of this title and
Tables.
1989 -- Subsec. (b). Pub. L. 101-82, 201, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''If
assistance is made available through the furnishing of feed grain under
paragraph (1) or (2) of subsection (a) of this section, the Secretary
may provide for the furnishing of the feed grain through a dealer or
manufacturer and the replacing of the feed grain so furnished from feed
grain owned by the Commodity Credit Corporation.''
Subsec. (f). Pub. L. 101-82, 202, added subsec. (f).
Section effective 15 days after Aug. 11, 1988, with subsecs. (a)(
2)(A) and (e) of this section applicable only with respect to any
livestock emergency in 1988, see section 101(c) of Pub. L. 100-387, set
out as an Effective and Termination Dates of 1988 Amendment note under
section 1427 of this title.
Section 103 of Pub. L. 100-387 provided that:
''(a) In General. -- The Secretary of Agriculture shall implement an
emergency forage program for established pasture damaged by the drought
or related condition in 1988, under which the Secretary shall enter into
cost-share agreements with owners or operators of such damaged land to
provide for reseeding of forage crops on such land to facilitate late
fall 1988 and early spring 1989 grazing and haying. Assistance may be
provided to such owners and operators only when --
''(1) the forage crop will not regenerate naturally;
''(2) reseeding is the most cost-effective method to reestablish the
forage crop; and
''(3) reseeding is not undertaken simply to improve the forage crop
damaged by the drought.
''(b) Cost-Share. -- The Secretary shall share half the costs
incurred under each agreement entered into under subsection (a),
including the costs of seed, fertilizer, and other inputs on reseeded
pasture.
''(c) Limitations. -- (1) The total amount of payments an owner or
operator of pasture land shall be entitled to receive under this section
shall be $3,500.
''(2) The Secretary may cost-share for reseeding under this section
only if the reseeding is to nonannual crops planted for pasture
purposes.
''(d) Funding. -- (1) The Secretary shall use the funds, facilities,
and authorities of the Commodity Credit Corporation to carry out this
section.
''(2) Not more than $50,000,000 of the funds of the Commodity Credit
Corporation may be expended under paragraph (1).
''(3) To ensure the equitable award of funds under agreements under
this section, as limited under paragraph (2), the Secretary may prorate,
and adopt procedures to facilitate proration of, funds made available
under this section.''
07 USC 1471e. Additional assistance
TITLE 7 -- AGRICULTURE
(a) Determination by Secretary
In addition to the assistance provided under section 1471d of this
title, if the Secretary determines that the livestock emergency also
requires the implementation of one or more of the assistance programs
described in subsection (b) of this section, the Secretary shall
implement such programs.
(b) Programs authorized
Special assistance under this section includes --
(1) the donation of feed owned by the Commodity Credit Corporation
for use in feeding livestock stranded and unidentified as to its owner,
including the cost of transporting feed to the affected area, during
such period as the Secretary, by regulation, may prescribe;
(2) reimbursement of not to exceed 50 percent of the cost of --
(A) installing pipelines (if that is the least expensive method) or
other facilities, including tanks or troughs, for livestock water;
(B) construction or deepening of wells or ponds for livestock water;
or
(C) developing springs or seeps for livestock water,
as appropriate in drought areas to facilitate more efficient and
better-distributed grazing on land normally used for grazing. Such
cost-share assistance may not be made available to provide water for
wildlife or recreational livestock, dry lot feeding, or barns or
corrals, or to acquire pumping equipment;
(3) reimbursement of not to exceed 50 percent of the cost of burning
prickly pear cactus to make it suitable for animal feed; and
(4) making commodities owned by the Commodity Credit Corporation
available to livestock producers through the use of a catalog that
specifies lots of a size that are economically feasible for a small
producer to obtain by means of certificate exchanges.
(c) Water development projects for 1988 and 1989 emergencies
The Secretary may make available at least $25,000,000 to provide
special assistance under subsection (b)(2) of this section for livestock
emergencies in 1988 and 1989.
(Oct. 31, 1949, ch. 792, title VI, 607, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 930, and amended Aug. 14, 1989,
Pub. L. 101-82, title I, 142, title II, 203, 103 Stat. 579, 581.)
1989 -- Subsec. (b)(2)(B). Pub. L. 101-82, 142, inserted ''or
ponds''.
Subsec. (c). Pub. L. 101-82, 203, added subsec. (c).
Section effective 15 days after Aug. 11, 1988, see section 101(c)(
1) of Pub. L. 100-387, set out as an Effective and Termination Dates of
1988 Amendment note under section 1427 of this title.
07 USC 1471f. Use of Commodity Credit Corporation
TITLE 7 -- AGRICULTURE
The Secretary shall carry out this subchapter through the use of the
funds, facilities, and authorities of the Commodity Credit Corporation.
(Oct. 31, 1949, ch. 792, title VI, 608, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 930.)
Section effective 15 days after Aug. 11, 1988, see section 101(c)(
1) of Pub. L. 100-387, set out as an Effective and Termination Dates of
1988 Amendment note under section 1427 of this title.
07 USC 1471g. Benefits limitation
TITLE 7 -- AGRICULTURE
(a) Total amount of benefits
The total amount of benefits that a person shall be entitled to
receive annually under one or more of the programs established under
this subchapter may not exceed $50,000.
(b) Issuance of regulations
The Secretary shall issue regulations --
(1) defining the term ''person'', which shall conform, to the extent
practicable, to the regulations defining the term ''person'' issued
under section 1308 of this title, or successor statute;
(2) prescribing such rules as the Secretary determines necessary to
ensure a fair and reasonable application of the limitation established
under this section; and
(3) providing that the term ''person'' shall include, in the case of
any cooperative association of producers, each member of the association
with respect to benefits due to such member of the association.
(c) Receipt of other disaster payments
No person may receive benefits under this subchapter attributable to
lost production of a feed commodity due to a natural disaster in 1988 to
the extent that such person receives a disaster payment under the
Disaster Assistance Act of 1988 on such lost production.
(d) Total combined payment and benefits limitation
Each person otherwise eligible for a livestock emergency benefit
under this subchapter in 1988 shall be subject to the combined payment
and benefits limitation established under section 211(c) of the Disaster
Assistance Act of 1988.
(Oct. 31, 1949, ch. 792, title VI, 609, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 930.)
The Disaster Assistance Act of 1988, referred to in subsecs. (c) and
(d), is Pub. L. 100-387, Aug. 11, 1988, 102 Stat. 924. Section 211(c)
of that act is set out as a note under section 1421 of this title. For
complete classification of this Act to the Code, see Short Title of 1988
Amendment note set out under section 1421 of this title and Tables.
Section effective 15 days after Aug. 11, 1988, with subsecs. (c)
and (d) of this section applicable only with respect to any livestock
emergency in 1988, see section 101(c) of Pub. L. 100-387, set out as an
Effective and Termination Dates of 1988 Amendment note under section
1427 of this title.
07 USC 1471h. Ineligibility
TITLE 7 -- AGRICULTURE
(a) Any person that has qualifying gross revenues in excess of
$2,500,000 annually, as determined by the Secretary, shall not be
eligible to receive any livestock emergency benefits under this
subchapter.
(b) For purposes of this section, the term ''qualifying gross
revenue'' means --
(1) if a majority of the person's annual income is received from
farming and ranching operations, the gross revenue from the person's
farming and ranching operations; and
(2) if less than a majority of the person's annual income is received
from farming and ranching operations, the person's gross revenue from
all sources.
(Oct. 31, 1949, ch. 792, title VI, 610, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 931.)
Section effective 15 days after Aug. 11, 1988, see section 101(c)(
1) of Pub. L. 100-387, set out as an Effective and Termination Dates of
1988 Amendment note under section 1427 of this title.
07 USC 1471i. Administration
TITLE 7 -- AGRICULTURE
(a) Regulations
The Commodity Credit Corporation shall issue regulations to carry out
this subchapter.
(b) Processing and decisions to be made as quickly as practicable
Such regulations shall establish procedures to ensure that the
request for assistance by a Governor or county committee under section
1471b of this title, and individual applications of livestock producers
under section 1471c of this title for assistance, are processed and
decisions thereon are made as quickly as practicable.
(c) Indigenous plants not considered feed on hand
For purposes of this subchapter, indigenous plants available to a
livestock producer but not normally consumed by livestock as feed, such
as cactus, may not be considered as feed on hand for such producers.
(Oct. 31, 1949, ch. 792, title VI, 611, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 931.)
Section effective 15 days after Aug. 11, 1988, see section 101(c)(
1) of Pub. L. 100-387, set out as an Effective and Termination Dates of
1988 Amendment note under section 1427 of this title.
07 USC 1471j. Penalties
TITLE 7 -- AGRICULTURE
A person that disposes of any feed made available to a livestock
producer under this subchapter other than as authorized by the Secretary
shall be (1) subject to a civil penalty equal to the market value of the
feed involved, to be recovered by the Secretary in a civil suit brought
for that purpose, and (2) guilty of a misdemeanor and, on conviction
thereof, subject to a fine of not more than $1,000, or imprisonment for
not more than one year, or both.
(Oct. 31, 1949, ch. 792, title VI, 612, as added Aug. 11, 1988, Pub.
L. 100-387, title I, 101(a), 102 Stat. 931.)
Section effective 15 days after Aug. 11, 1988, see section 101(c)(
1) of Pub. L. 100-387, set out as an Effective and Termination Dates of
1988 Amendment note under section 1427 of this title.
07 USC CHAPTER 36 -- CROP INSURANCE
TITLE 7 -- AGRICULTURE
Sec.
1501. Short title; application of other laws.
1502. Declaration of purpose
1503. Federal Crop Insurance Corporation; creation; offices.
1504. Capital stock of Corporation; subscription by United States;
appropriations; cancellation of receipts for stock payments;
nonliability of Corporation for receipts.
1504a. Capitalization of Corporation.
1505. Board of directors, compensation; manager of Corporation.
1506. General powers.
(a) Succession.
(b) Corporate seal.
(c) Property.
(d) Suit.
(e) Bylaws and regulations.
(f) Mails.
(g) Assistance.
(h) Data collection.
(i) Expenditures.
(j) Other powers.
(k) Contracts.
(l) Submission of certain information.
(m) Penalties.
1506a, 1506b. Omitted.
1507. Personnel of Corporation.
(a) Appointment; civil service exemption; compensation.
(b) Application of employees' compensation law.
(c) Use of associations of producers and private insurance companies;
payment of administrative and program expenses; sale of crop insurance
through private agents and brokers; renewals, exclusion of compensation
from premium rates, indemnification for errors or omissions of
Commission or its contractors.
(d) Allotment of funds to Federal and State agencies.
(e) Utilization of producer cooperative associations.
(f) Use of resources, data, boards, and committees of Federal
agencies.
1508. Crop insurance.
(a) Authority to offer insurance.
(b) Submission of policies and materials to Board.
(c) Actuarial soundness.
(d) Adoption of rates and coverages.
(e) Premiums.
(f) Claims for losses.
(g) Special rule for cotton.
(h) Reinsurance.
(i) Application to other areas.
(j) Optional coverages.
(k) Repealed.
(l) Research.
(m) Crop insurance for dry edible beans.
(n) Information collection on crop insurance.
1508a. Crop insurance yield coverage.
(a) In general.
(b) Yield coverage.
(c) Use of yield coverage provisions.
1509. Exemption of indemnities from levy.
1510. Deposit and investment of funds; Federal Reserve banks as
fiscal agents.
1511. Tax exemption.
1512. Corporation as fiscal agent of Government.
1513. Books of account and annual reports of Corporation.
1514. Crimes and offenses.
(a) to (e) Repealed.
(f) Application of laws on interest of members of Congress in
contracts.
1515. Repealed.
1516. Authorization of appropriations.
(a) Operating and administrative costs; allotment determination;
payments from premium income and other Corporation funds; appropriation
restoration of payments; additional personnel limitation; emergencies
exception; use of indemnity funds to pay administrative and operating
expenses incurred during fiscal 1981.
(b) Regulations.
(c) Emergency funding in case of insufficient moneys.
(d) Borrowing authority and necessity of authorization; form,
denomination, maturity, terms and conditions, redemption, rate of
interest, and purchase and sale of obligations by Secretary of Treasury;
public debt transactions.
1517. Separability.
1518. ''Agricultural commodity'' defined.
1519. Amendment or repeal.
1520. Persons under twenty-one years of age.
section 1150a; title 16 sections 3811, 3821;
title 21 section 889; title 26
section 6109; title
42 section 405.
07 USC 1501. Short title; application of other laws
TITLE 7 -- AGRICULTURE
This chapter may be cited as the ''Federal Crop Insurance Act''.
Except as otherwise expressly provided the provisions in titles I to IV,
inclusive, shall not apply with respect to this chapter, and the term
''Act'' wherever it appears in such titles shall not be construed to
include this chapter.
(Feb. 16, 1938, ch. 30, title V, 501, 52 Stat. 72.)
''Titles I to IV, inclusive,'' and ''such titles'', referred to in
text, are references to titles I to IV of act Feb. 16, 1938, ch. 30,
52 Stat. 31, as amended, known as the Agricultural Adjustment Act of
1938, which is classified principally to chapter 35 ( 1281 et seq.) of
this title. For complete classification of this Act to the Code, see
section 1281 of this title and Tables.
Pub. L. 96-365, 1, Sept, 26, 1980, 94 Stat. 1312, provided: ''That
this Act (amending sections 1441, 1444, 1444c, 1445b, 1504, 1505, 1506,
1507, 1508, 1516, and 1518 and repealing section 1515 of this title and
enacting provisions set out as notes under sections 1504, 1508, and 1516
of this title) may be cited as the 'Federal Crop Insurance Act of
1980'.''
07 USC 1502. Declaration of purpose
TITLE 7 -- AGRICULTURE
It is the purpose of this chapter to promote the national welfare by
improving the economic stability of agriculture through a sound system
of crop insurance and providing the means for the research and
experience helpful in devising and establishing such insurance.
(Feb. 16, 1938, ch. 30, title V, 502, 52 Stat. 72; June 21, 1941,
ch. 214, 1, 55 Stat. 255; Aug. 1, 1947, ch. 440, 4, 61 Stat. 719.)
1947 -- Act Aug. 1, 1947, amended section generally, restating
purpose of chapter to improve all agriculture by crop insurance instead
of being limited only to wheat.
1941 -- Act June 21, 1941, substituted ''crop'' for ''wheat-crop''
and ''agricultural commodities'' for ''wheat''.
07 USC 1503. Federal Crop Insurance Corporation; creation; offices
TITLE 7 -- AGRICULTURE
To carry out the purposes of this chapter, there is hereby created as
an agency of and within the Department of Agriculture a body corporate
with the name ''Federal Crop Insurance Corporation'' (herein called the
Corporation). The principal office of the Corporation shall be located
in the District of Columbia, but there may be established agencies or
branch offices elsewhere in the United States under rules and
regulations prescribed by the Board of Directors.
(Feb. 16, 1938, ch. 30, title V, 503, 52 Stat. 72.)
Under authority of Ex. Ord. No. 9577, June 29, 1945, Secretary of
Agriculture consolidated administration of program of Federal Crop
Insurance Corporation in Production and Marketing Administration by
Memorandum 1118, Aug. 18, 1945. 1946 Reorg. Plan No. 3, 501, eff.
July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to
Title 5, Government Organization and Employees, transferred
administration of program of Federal Crop Insurance Corporation to
Secretary of Agriculture. In his letter to Congress President stated
that purpose of this transfer was to permit Secretary of Agriculture to
continue consolidation already effected in Production and Marketing
Administration.
Federal Crop Insurance Corporation consolidated with other agencies
into Agricultural Conservation and Adjustment Administration for
duration of war, see Ex. Ord. No. 9069.
Financial control of Corporation, see section 9101 et seq. of Title
31, Money and Finance.
07 USC 1504. Capital stock of Corporation; subscription by United
States; appropriations; cancellation of receipts for stock payments;
nonliability of Corporation for receipts
TITLE 7 -- AGRICULTURE
(a) The Corporation shall have a capital stock of $500,000,000
subscribed by the United States of America, payment for which shall,
with the approval of the Secretary of Agriculture, be subject to call in
whole or in part by the Board of Directors of the Corporation.
(b) There is authorized to be appropriated such sums as are necessary
for the purpose of subscribing to the capital stock of the Corporation.
(c) Receipts for payments by the United States of America for or on
account of such stock shall be issued by the Corporation to the
Secretary of the Treasury and shall be evidence of the stock ownership
by the United States of America.
(d) Within thirty days after September 26, 1980, the Secretary of the
Treasury shall cancel, without consideration, receipts for payments for
or on account of the stock of the Federal Crop Insurance Corporation
outstanding on September 26, 1980, and such receipts shall cease to be
liabilities of the Corporation.
(Feb. 16, 1938, ch. 30, title V, 504, 52 Stat. 72; Aug. 25, 1949,
ch. 512, 4, 6, 63 Stat. 665; June 16, 1977, Pub. L. 95-47, 91 Stat.
228; Nov. 15, 1977, Pub. L. 95-181, 1, 91 Stat. 1373; Sept. 26, 1980,
Pub. L. 96-365, title I, 101, 94 Stat. 1312.)
1980 -- Subsec. (a). Pub. L. 96-365, 101(a), substituted
''$500,000,000'' for ''$200,000,000''.
Subsec. (d). Pub. L. 96-365, 101(b), added subsec. (d).
1977 -- Subsec. (a). Pub. L. 95-181 substituted ''$200,000,000'' for
''$150,000,000''.
Pub. L. 95-47 substituted ''$150,000,000'' for ''$100,000,000''.
1949 -- Subsec. (a). Act Aug. 25, 1949, 4, struck out second
sentence relating to restoration of impairment of capital stock.
Subsec. (b). Act Aug. 25, 1949, 6, authorized appropriations for
subscribing to corporation's capital stock in order to offset losses
suffered prior to time program was placed on an experimental basis in
1947.
Section 112 of Pub. L. 96-365 provided that: ''Except as otherwise
provided in this Act, the provisions of this Act amending the Federal
Crop Insurance Act (amending sections 1504, 1505 to 1507, 1508, and 1518
of this title and repealing section 1515 of this title) shall become
effective on the date of enactment of this Act (Sept. 26, 1980).''
Section 101(a) of Pub. L. 96-365 provided that the amendment made by
that section is effective Oct. 1, 1980.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
Section 5 of act Aug. 25, 1949, provided that: ''The Secretary of
the Treasury is authorized and directed to cancel, without
consideration, outstanding receipts for payments for or on account of
the stock of the Corporation in excess of $27,000,000.''
Fiscal Year 1950
Section 11 of act Aug. 25, 1949, provided that: ''The expanded
program authorized herein (sections 1504, 1505, 1506, 1507, and 1508 of
this title) shall be instituted beginning with the 1950 crop year, the
additional cost for fiscal year 1950 to be financed, pending the
appropriation of supplemental funds, from any appropriation available
for operating and administrative expenses of the Corporation for such
fiscal year.''
07 USC 1504a. Capitalization of Corporation
TITLE 7 -- AGRICULTURE
The payment for capital stock in the Federal Crop Insurance
Corporation shall be effected by transfer of funds on the books of the
Treasury Department to the credit of the Corporation.
(June 27, 1940, ch. 437, title I, 54 Stat. 640.)
Section was not enacted as part of the Federal Crop Insurance Act
which comprises this chapter.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
07 USC 1505. Board of directors, compensation; manager of Corporation
TITLE 7 -- AGRICULTURE
(a) The management of the Corporation shall be vested in a Board of
Directors (hereinafter called the ''Board'') subject to the general
supervision of the Secretary of Agriculture. The Board shall consist of
the manager of the Corporation, the Under Secretary or Assistant
Secretary of Agriculture responsible for the Federal crop insurance
program, the Under Secretary or Assistant Secretary of Agriculture
responsible for the farm credit programs of the Department of
Agriculture, one person experienced in the crop insurance business who
is not otherwise employed by the Federal Government, and three active
farmers who are not otherwise employed by the Federal Government. The
Board shall be appointed by, and hold office at the pleasure of the
Secretary of Agriculture, who shall not, himself, be a member of the
Board. The Secretary, in appointing the three active farmers who are
not otherwise employed by the Federal Government, shall ensure that such
members are policyholders and are from different geographic areas of the
United States, in order that diverse agricultural interests in the
United States are at all times represented on the Board.
(b) Vacancies in the Board so long as there shall be four members in
office shall not impair the powers of the Board to execute the functions
of the Corporation, and four of the members in office shall constitute a
quorum for the transaction of the business of the Board.
(c) The Directors of the Corporation who are employed in the
Department of Agriculture shall receive no additional compensation for
their services as such Directors but may be allowed necessary traveling
and subsistence expenses when engaged in business of the Corporation,
outside of the District of Columbia. The Directors of the Corporation
who are not employed by the Federal Government shall be paid such
compensation for their services as Directors as the Secretary of
Agriculture shall determine, but such compensation shall not exceed the
daily equivalent of the rate prescribed for grade GS-18 under section
5332 of title 5 when actually employed, and actual necessary traveling
and subsistence expenses, or a per diem allowance in lieu of subsistence
expenses, as authorized by section 5703 of title 5 for persons in
Government service employed intermittently, when on the business of the
Corporation away from their homes or regular places of business.
(d) The manager of the Corporation shall be its chief executive
officer, with such power and authority as may be conferred upon him by
the Board. He shall be appointed by, and hold office at the pleasure
of, the Secretary of Agriculture.
(Feb. 16, 1938, ch. 30, title V, 505, 52 Stat. 72; Aug. 1, 1947, ch.
440, 8, 61 Stat. 719; Aug. 25, 1949, ch. 512, 7, 63 Stat. 665; Sept.
26, 1980, Pub. L. 96-365, title I, 102, 94 Stat. 1312.)
1980 -- Subsec. (a). Pub. L. 96-365, 102(a), increased Board
membership to seven from five persons; substituted provisions including
on the Board the Under Secretaries or Assistant Secretaries of
Agriculture for crop insurance and farm credit programs and one person
experienced in crop insurance business for former provisions including
on the Board two other Agriculture Department employees and two persons
with insurance business experience; authorized appointment of three
active farmers not otherwise Federal employees; and required farmer
appointees to be policyholders and representative of agricultural
interests of different geographic areas.
Subsec. (b). Pub. L. 96-365, 102(b), substituted ''four'' for
''three'' in two places.
Subsec. (c). Pub. L. 96-365, 102(c), substituted as limitation on
compensation of Directors of the Corporation not employed by the Federal
Government the daily equivalent of rate prescribed for grade GS-18 under
section 5332 of title 5 when actually employed, and actual necessary
traveling and subsistence expenses, or the per diem allowance in lieu of
subsistence expenses, as authorized by section 5703 of title 5 for
persons in Government service employed intermittently, when on the
business of the Corporation away from their homes or regular places of
business for former limitation of $50 per day when actually employed and
transportation expenses plus not to exceed $10 per diem in lieu of
subsistence expenses when on business of the Corporation away from their
homes or regular places of business.
1949 -- Subsec. (c). Act Aug. 25, 1949, reduced compensation of
members of Board of Directors who are not Government employees from
''not to exceed $100 per day'' to ''not to exceed $50 per day'', and
changed from ''subsistence expenses'' to ''transportation expenses and
not to exceed $10 per diem''.
1947 -- Act Aug. 1, 1947, amended section generally and, among other
changes, increased membership of Board from three to five, provided for
two members with insurance experience, not Government employees,
increased from two to three the number of members necessary to carry on
functions and to constitute a quorum, provided for compensation and
expenses of Board members not otherwise Government employed, and for
appointment of manager of corporation by the Secretary of Agriculture
instead of being selected by the Board.
Amendment by Pub. L. 96-365 effective Sept. 26, 1980, see section
112 of Pub. L. 96-365, set out as a note under section 1504 of this
title.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
07 USC 1506. General powers
TITLE 7 -- AGRICULTURE
(a) Succession
The Corporation shall have succession in its corporate name.
(b) Corporate seal
The Corporation may adopt, alter, and use a corporate seal, which
shall be judicially noticed.
(c) Property
The Corporation may purchase or lease and hold such real and personal
property as it deems necessary or convenient in the transaction of its
business, and may dispose of such property held by it upon such terms as
it deems appropriate.
(d) Suit
The Corporation, subject to the provisions of section 1508(f) of this
title, may sue and be sued in its corporate name, but no attachment,
injunction, garnishment, or other similar process, mesne or final, shall
be issued against the Corporation or its property. The district courts
of the United States, including the district courts of the District of
Columbia and of any territory or possession, shall have exclusive
original jurisdiction, without regard to the amount in controversy, of
all suits brought by or against the Corporation. The Corporation may
intervene in any court in any suit, action, or proceeding in which it
has an interest. Any suit against the Corporation shall be brought in
the District of Columbia, or in the district wherein the plaintiff
resides or is engaged in business.
(e) Bylaws and regulations
The Corporation may adopt, amend, and repeal bylaws, rules, and
regulations governing the manner in which its business may be conducted
and the powers granted to it by law may be exercised and enjoyed.
(f) Mails
The Corporation shall be entitled to the use of the United States
mails in the same manner as the other executive agencies of the
Government.
(g) Assistance
The Corporation, with the consent of any board, commission,
independent establishment, or executive department of the Government,
including any field service thereof, may avail itself of the use of
information, services, facilities, officials, and employees thereof in
carrying out the provisions of this chapter.
(h) Data collection
The Corporation shall assemble data for the purpose of establishing
sound actuarial bases for insurance on agricultural commodities.
(i) Expenditures
The Corporation shall determine the character and necessity for its
expenditures under this chapter and the manner in which they shall be
incurred, allowed, and paid, without regard to the provisions of any
other laws governing the expenditure of public funds and such
determinations shall be final and conclusive upon all other officers of
the Government.
(j) Other powers
The Corporation shall have such powers as may be necessary or
appropriate for the exercise of the powers herein specifically conferred
upon the Corporation and all such incidental powers as are customary in
corporations generally.
(k) Contracts
The Corporation may enter into and carry out contracts or agreements
necessary in the conduct of its business, as determined by the Board.
State and local laws or rules shall not apply to contracts or agreements
of the Corporation or the parties thereto to the extent that such
contracts or agreements provide that such laws or rules shall not apply,
or to the extent that such laws or rules are inconsistent with such
contracts or agreements.
(l) Submission of certain information
(1) Social security account and employer identification numbers
The Corporation shall require, as a condition of eligibility for
participation in the multiple peril crop insurance program, submission
of social security account numbers, subject to the requirements of
section 405(c)(2)(C)(iii) of title 42, and employer identification
numbers, subject to the requirements of section 6109(f) of title 26.
(2) Notification by policyholders
Each policyholder shall notify each individual or other entity that
acquires or holds a substantial beneficial interest in such policyholder
of the requirements and limitations under this chapter.
(3) Identification of holders of substantial interests
The Manager of the Corporation may require each policyholder to
provide to the Manager, at such times and in such manner as prescribed
by the Manager, the name of each individual that holds or acquires a
substantial beneficial interest in the policyholder.
(4) ''Substantial beneficial interest'' defined
For purposes of this subsection, the term ''substantial beneficial
interest'' means not less than 5 percent of all beneficial interests in
the policyholder.
(m) Penalties
(1) False information
If a person willfully and intentionally provides any false or
inaccurate information to the Corporation or to any insurer with respect
to an insurance plan or policy under this chapter, the Corporation may,
after notice and an opportunity for a hearing on the record --
(A) impose a civil fine of not to exceed $10,000 on the person; and
(B) disqualify the person from receiving any benefit under this
chapter for a period of not to exceed 10 years.
(2) Assessment of penalty
In assessing penalties under this subsection, the Corporation shall
consider the gravity of the violation.
(Feb. 16, 1938, ch. 30, title V, 506, 52 Stat. 73; June 21, 1941,
ch. 214, 2, 55 Stat. 255; Aug. 1, 1947, ch. 440, 7, 61 Stat. 719; Aug.
25, 1949, ch. 512, 8, 63 Stat. 665; Sept. 26, 1980, Pub. L. 96-365,
title I, 103, 107(a), 94 Stat. 1313, 1317; Nov. 28, 1990, Pub. L.
101-624, title XXII, 2201(a), 2202, 104 Stat. 3951, 3954; Dec. 13,
1991, Pub. L. 102-237, title VI, 601(1), (2), 105 Stat. 1878.)
1991 -- Subsec. (d). Pub. L. 102-237, 601(1), substituted ''section
1508(f)'' for ''section 1508(c)'' and a period for semicolon at end.
Subsec. (m)(1). Pub. L. 102-237, 601(2), in introductory provisions
substituted ''willfully'' for ''wilfully'' and in subpar. (A) struck out
''to'' after ''exceed''.
1990 -- Pub. L. 101-624, 2202(b)(1), substituted ''General powers''
for ''General powers of Corporation'' as section catchline and struck
out ''The Corporation -- '' before subsec. (a).
Subsec. (a). Pub. L. 101-624, 2202(b)(2), (13), inserted heading and
''The Corporation'' and substituted period for semicolon at end.
Subsec. (b). Pub. L. 101-624, 2202(b)(3), (13), inserted heading and
''The Corporation'' and substituted period for semicolon at end.
Subsec. (c). Pub. L. 101-624, 2202(b)(4), (13), inserted heading and
''The Corporation'' and substituted period for semicolon at end.
Subsec. (d). Pub. L. 101-624, 2202(b)(5), inserted heading and ''The
Corporation,''.
Subsec. (e). Pub. L. 101-624, 2202(b)(6), (13), inserted heading and
''The Corporation'' and substituted period for semicolon at end.
Subsec. (f). Pub. L. 101-624, 2202(b)(7), (13), inserted heading and
''The Corporation'' and substituted period for semicolon at end.
Subsec. (g). Pub. L. 101-624, 2202(b)(8), (13), inserted heading and
''The Corporation,'' and substituted period for semicolon at end.
Subsec. (h). Pub. L. 101-624, 2202(b)(9), (13), inserted heading and
''The Corporation'' and substituted period for semicolon at end.
Subsec. (i). Pub. L. 101-624, 2202(b)(10), (14), inserted heading and
''The Corporation'' and substituted period for ''; and'' at end.
Subsec. (j). Pub. L. 101-624, 2202(b)(11), (14), inserted heading and
''The Corporation'' and substituted period for ''; and'' at end.
Subsec. (k). Pub. L. 101-624, 2202(b)(12), inserted heading and ''The
Corporation''.
Subsec. (l). Pub. L. 101-624, 2201(a), added subsec. (l).
Subsec. (m). Pub. L. 101-624, 2202(a), added subsec. (m).
1980 -- Subsec. (c). Pub. L. 96-365, 103(1), substituted ''may
purchase'' for ''may make contracts and purchase''. See subsec. (k) of
this section.
Subsec. (d). Pub. L. 96-365, 103(2), substituted provision granting
exclusive original jurisidication to district courts of the United
States, including district courts of the District of Columbia and of any
territory or possession, for prior grant to any State court of record
having general jurisdiction or any United States district court,
authorized intervention by the Corporation in proceedings, and required
suits against the Corporation to be brought in the District of Columbia
or in district wherein plaintiff resides or is engaged in business.
Subsec. (f). Pub. L. 96-365, 103(3), substituted ''use of the United
States mails'' for ''free use of the United States mails''.
Subsec. (h). Pub. L. 96-365, 107(a), struck out authority for
conducting researches, surveys, and investigations relating to crop
insurance. See section 1508(i) of this title.
Subsec. (k). Pub. L. 96-365, 103(4), added subsec. (k).
1949 -- Subsec. (h). Act Aug. 25, 1949, struck out obsolete
language and included authority for a study of the possibility of
developing some type of livestock insurance.
1947 -- Subsec. (d). Act Aug. 1, 1947, provided for suits in State
courts of general jurisdiction or in United States district courts
regardless of amount in controversy.
1941 -- Subsec. (h). Act June 21, 1941, substituted ''and
preparatory to the application of the chapter to other basic commodities
when so provided by law, shall assemble data relative to field corn, for
the purpose of establishing a satisfactory actuarial basis for such
commodity'' for ''for wheat and other agricultural commodities.''
Amendment by Pub. L. 96-365 effective Sept. 26, 1980, see section
112 of Pub. L. 96-365, set out as a note under section 1504 of this
title.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
Amount in controversy, generally, see section 1332 of Title 28,
Judiciary and Judicial Procedure.
Amount in controversy immaterial in action arising under Act
regulating commerce, see section 1337 of Title 28.
Jurisdiction of district court of action by corporation organized
under federal law, see section 1349 of Title 28.
42 section 405.
07 USC 1506a, 1506b. Omitted
TITLE 7 -- AGRICULTURE
Section 1506a, act July 30, 1947, ch. 356, title II, 202, 61 Stat.
550, which related to authority of Federal Crop Insurance Corporation to
make expenditures, was from the Department of Agriculture Appropriation
Act, 1948, and was not repeated in subsequent appropriation acts.
Section 1506b, acts June 29, 1954, ch. 409, title II, 201, 68 Stat.
317; May 23, 1955, ch. 43, title II, 201, 69 Stat. 60; June 4, 1956,
ch. 355, title II, 201, 70 Stat. 238, which provided that crop
inspection costs and loss adjustments could be considered as
nonadministrative or nonoperating expenses, was from the Department of
Agriculture and Farm Credit Administration Appropriation Acts for fiscal
years 1955-57, and was not repeated in subsequent appropriation acts.
07 USC 1507. Personnel of Corporation
TITLE 7 -- AGRICULTURE
(a) Appointment; civil service exemption; compensation
The Secretary shall appoint such officers and employees as may be
necessary for the transaction of the business of the Corporation
pursuant to civil-service laws and regulations, fix their compensation
in accordance with the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, define their authority and duties, and delegate
to them such of the powers vested in the Corporation as he may
determine: Provided, That personnel paid by the hour, day, or month
when actually employed, and county crop insurance committeemen may be
appointed without regard to civil-service laws and regulations.
(b) Application of employees' compensation law
Insofar as applicable, the benefits of subchapter I of chapter 81 of
title 5, shall extend to persons given employment under the provisions
of this chapter, including the employees of the committees and
associations referred to in subsection (c) of this section and the
members of such committees.
(c) Use of associations of producers and private insurance companies;
payment of administrative and program expenses; sale of crop insurance
through private agents and brokers: renewals, exclusion of compensation
from premium rates, indemnification for errors or omissions of
Commission or its contractors
In the administration of this chapter, the Board shall, to the
maximum extent possible, (1) establish or use committees or associations
of producers and make payments to them to cover the administrative and
program expenses, as determined by the Board, incurred by them in
cooperating in carrying out this chapter, (2) contract with private
insurance companies, private rating bureaus, and other organizations as
appropriate for actuarial, loss adjustment, and other services to avoid
duplication by the Federal Government of services that are or may
readily be available in the private sector, and reimburse such companies
for the administrative and program expenses, as determined by the Board,
incurred by them, under terms and provisions and rates of compensation
consistent with those generally prevailing in the insurance industry,
and (3) encourage the sale of Federal crop insurance through licensed
private insurance agents and brokers and give the insured the right to
renew such insurance for successive terms through such agents and
brokers, in which case the agent or broker shall be reasonably
compensated from premiums paid by the insured for such sales and
renewals recognizing the function of the agent or broker to provide
continuing services while the insurance is in effect: Provided, That
such compensation shall not be included in computations establishing
premium rates. The Board shall provide such agents and brokers with
indemnification, including costs and reasonable attorney fees, from the
Corporation for errors or omissions on the part of the Corporation or
its contractors for which the agent or broker is sued or held liable,
except to the extent the agent or broker has caused the error or
omission. Nothing in this subsection shall permit the Corporation to
contract with other persons to carry out the responsibility of the
Corporation to review and approve policies, rates, and other materials
submitted under section 1508(b) of this title.
(d) Allotment of funds to Federal and State agencies
The Secretary of Agriculture may allot to bureaus and offices of the
Department of Agriculture or transfer to such other agencies of the
State and Federal Governments as he may request to assist in carrying
out this chapter any funds made available pursuant to the provisions of
section 1516 of this title, except that employees or agencies
responsible for administering this chapter in each county shall be
selected and designated by the Corporation and shall be responsible
directly to the Corporation without the intervention of any intermediate
office or agency.
(e) Utilization of producer cooperative associations
In carrying out the provisions of this chapter the Board may, in its
discretion, utilize producer-owned and producer-controlled cooperative
associations.
(f) Use of resources, data, boards, and committees of Federal
agencies
The Board should use, to the maximum extent possible, the resources,
data, boards, and the committees of (1) the Soil Conservation Service,
in assisting the Board in the classification of land as to risk and
production capability and in the development of acceptable conservation
practices; (2) the Forest Service, in assisting the Board in the
development of a timber insurance plan; (3) the Agricultural
Stabilization and Conservation Service, in assisting the Board in the
determination of individual producer yields and in serving as a local
contact point for farmers where the Board deems necessary; and (4)
other Federal agencies in any way the Board deems necessary in carrying
out this chapter.
(Feb. 16, 1938, ch. 30, title V, 507, 52 Stat. 73; Aug. 1, 1947, ch.
440, 6, 61 Stat. 719; Aug. 25, 1949, ch. 512, 10, 63 Stat. 665; Oct.
28, 1949, ch. 782, title XI, 1106(a), 63 Stat. 972; June 6, 1972, Pub.
L. 92-310, title II, 221(b), 86 Stat. 205; Sept. 26, 1980, Pub. L.
96-365, title I, 104, 94 Stat. 1313; Nov. 28, 1990, Pub. L. 101-624,
title XXII, 2206, 104 Stat. 3958; Dec. 13, 1991, Pub. L. 102-237,
title VI, 601(3), 105 Stat. 1878.)
The civil-service laws, referred to in subsec. (a), are set out in
Title 5, Government Organization and Employees. See, particularly
section 3301 et seq. of Title 5.
In subsec. (a), ''chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ''the Classification Act of 1949'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
Provisions that authorized personnel paid by the hour, day, or month
when actually employed, and county crop insurance committeemen to have
their compensation fixed 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 Act Sept. 6, 1966, Pub. L. 89-554, 8(a), 80 Stat. 632 (of
which section 1 revised and enacted Title 5, U.S.C., into law). Section
5102 of Title 5, 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.
In subsec. (b), reference to ''subchapter I of chapter 81 of title
5'' substituted for ''the Act entitled 'An Act to provide compensation
for employees of the United States suffering injuries while in the
performance of their duties, and for other purposes', approved September
7, 1916, as amended'' on authority of Pub. L. 89-554, 7(b), Sept. 6,
1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees.
1991 -- Subsec. (c). Pub. L. 102-237 inserted a comma after
''private insurance companies'' in cl. (2).
1990 -- Subsec. (c). Pub. L. 101-624 inserted ''private rating
bureaus, and other organizations as appropriate for actuarial, loss
adjustment, and other services to avoid duplication by the Federal
Government of services that are or may readily be available in the
private sector,'' after ''private insurance companies'' and inserted at
end ''Nothing in this subsection shall permit the Corporation to
contract with other persons to carry out the responsibility of the
Corporation to review and approve policies, rates, and other materials
submitted under section 1508(b) of this title.''
1980 -- Subsec. (c). Pub. L. 96-365, 104(1), inserted ''shall, to
the maximum extent possible'', incorporated existing provisions in cl.
(1), including in cl. (1) provision for payment of program expenses,
but omitting provision for inclusion of estimated expenses in insurance
premiums, and added cls. (2) and (3) and provisions for exclusion of
compensation from premium rates and indemnification of agents and
brokers for errors or omissions of Commission or its contractors.
Subsec. (f). Pub. L. 96-365, 104(2), added subsec. (f).
1972 -- Subsec. (a). Pub. L. 92-310 struck out provisions which
empowered Secretary to require bonds of officers and employees.
1949 -- Act Oct. 28, 1949, substituted ''Classification Act of
1949'' for ''Classification Act of 1923''.
Act Aug. 25, 1949, inserted requirement that officers and employees
be appointed subject to civil service laws and regulations, and exempted
personnel paid by hour, day, or month when employed, and county
crop-insurance committeemen from civil-service laws and regulations or
the Classification Act of 1923.
1947 -- Act Aug. 1, 1947, provided for selection and designation of
county employees and agencies and their direct responsibility.
Amendment by Pub. L. 96-365 effective Sept. 26, 1980, see section
112 of Pub. L. 96-365, set out as a note under section 1504 of this
title.
Act Oct. 29, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
07 USC 1508. Crop insurance
TITLE 7 -- AGRICULTURE
(a) Authority to offer insurance
If sufficient actuarial data are available, as determined by the
Board, the Corporation may insure producers of agricultural commodities
grown in the United States under any plan or plans of insurances
determined by the Board to be adapted to the agricultural commodity
involved. Such insurance shall be against loss of the insured commodity
due to unavoidable causes, including drought, flood, hail, wind, frost,
winterkill, lightning, fire, excessive rain, snow, wildlife, hurricane,
tornado, insect infestation, plant disease, and such other unavoidable
causes as may be determined by the Board. Except in the case of tobacco,
insurance shall not extend beyond the period the insured commodity is in
the field. For the purpose of the foregoing sentence, in the case of
aquacultural species, the term ''field'' means the environment in which
the commodity is produced. Any insurance offered against loss in yield
shall make available to producers protection against loss in yield that
covers 75 per centum of the recorded or appraised average yield of the
commodity on the insured farm for a representative period (subject to
such adjustments as the Board may prescribe to the end that the average
yields fixed for farms in the same area, which are subject to the same
conditions, may be fair and just). In addition, the Corporation shall
make available to producers lesser levels of yield coverage, including a
level of coverage at 50 per centum of the recorded or appraised average
yield, as adjusted. For any commodity for which the Agricultural
Stabilization and Conservation Service has established for the farming
unit involved an adjusted yield for the purposes of programs
administered by such Service (or a yield for crop insurance purposes
under the provisions of this chapter), and such yield is greater than
the recorded or the appraised yield, as established by the Corporation,
of a commodity on such farming unit, insurance coverage may be provided
to cover against the loss in yield of the commodity on the basis of the
adjusted yield for the commodity established by the Agricultural
Stabilization and Conservation Service rather than the recorded or
appraised yield as established by the Corporation. Such additional
insurance shall be provided for an additional premium (for which no
premium subsidy or administrative subsidy may be provided) set at such
rate as the Board determines appropriate to reflect accurately the
increased risk involved and that the Board determines actuarially
sufficient to cover claims for losses on such insurance and to establish
a reasonable reserve against unforeseen losses. Except as provided in
the preceding two sentences, the Corporation shall not make available to
producers any level of coverage in excess of 75 per centum of the
recorded or appraised average yield, as adjusted. One of the price
elections offered shall approximate (but be not less than 90 per centum
of) the projected market price for the commodity involved, as determined
by the Board. Insurance provided under this subsection shall not cover
losses due to the neglect or malfeasance of the producer, or to the
failure of the producer to reseed to the same crop in areas and under
circumstances where it is customary to so reseed, or to the failure of
the producer to follow established good farming practices. The Board
may limit or refuse insurance in any county or area, or on any farm, on
the basis of the insurance risk involved. Insurance shall not be
provided on any agricultural commodity in any county in which the Board
determines that the income from such commodity constitutes an
unimportant part of the total agricultural income of the county, except
that insurance may be provided for producers on farms situated in a
local producing area bordering on a county with a crop-insurance
program. The Corporation shall report annually to the Congress the
results of its operations as to each commodity insured. Beginning with
the 1992 crop year, the Corporation shall establish a price level for
each commodity on which insurance is offered that shall not be less than
the projected market price for the commodity as determined by the Board.
Insurance coverage shall be made available to the producer on the basis
of any price election which equals or is less than that established by
the Board and the coverage shall be quoted in terms of dollars per acre.
(b) Submission of policies and materials to Board
(1) In general
In addition to any standard forms or policies that the Board may
require be made available to producers under subsection (a) of this
section persons may prepare for submission to the Board --
(A) other crop insurance policies and provisions of policies; and
(B) rates of premiums for multiple peril crop insurance pertaining to
wheat, soybeans, field corn and any other crops determined by the
Secretary.
(2) Preparation of policies
A policy or other material submitted to the Board under this
subsection may be prepared without regard to the limitations contained
in this chapter, including the requirements concerning the levels of
coverage and rates, the use of Agricultural Stabilization and
Conservation Service adjusted yields, and the requirement that a price
level for each commodity insured must equal the projected market price
for the commodity as established by the Board. Policies that establish
insurance coverage based on alternative factors of loss such as the
average loss rate for the area from a condition common to the area may
be approved under this section. Such policy may only be subsidized at
an amount equivalent to that which is authorized in this chapter.
(3) Review and approval by the Board
A policy or other material submitted to the Board under this
subsection shall be reviewed by the Board and, if the Board finds that
the interests of producers are adequately protected and that any
premiums charged to such producers are actuarially appropriate, shall be
approved by the Board for reinsurance and for sale to producers as an
additional choice at actuarially appropriate rates and under appropriate
terms and conditions taking into consideration the risks covered by the
policy or other material. The Corporation may enter into more than one
reinsurance agreement simultaneously to facilitate the offering of such
new policies. Proposals made to the Board under this paragraph shall be
considered as confidential commercial or financial information for
purposes of section 552(b)(4) of title 5 until approved or disapproved
by the Board. The Board shall provide an applicant with notification of
intent to disapprove a proposal not later than 30 days prior to taking
such action. An applicant so notified may modify such application and
such modification shall be considered an extension of the original
application.
(4) Required publication
Any policies, provisions of policies, and rates approved under this
subsection shall be published and made available to all persons
contracting with or reinsured by the Corporation in the same manner as
the Corporation's standard policies of insurance are published and made
available.
(c) Actuarial soundness
Not later than 180 days after November 28, 1990, the Corporation
shall compile and make available, by region and by crop, the rates that
would be necessary to achieve actuarial soundness.
(d) Adoption of rates and coverages
The Corporation shall adopt, as soon as practicable, rates and
coverages that will improve the actuarial soundness of the insurance
operations of the Corporation for those crops that are determined to be
insured at rates that are not actuarially sound, except that no rate may
be increased by an amount of more than 20 percent over the comparable
rate of the preceding crop year.
(e) Premiums
(1) The Corporation may fix adequate premiums for insurance at such
rates as the Board deems actuarially sufficient to cover claims for
losses on such insurance and to establish as expeditiously as possible a
reasonable reserve against unforeseen losses.
(2) The producer may elect to have deleted from the Corporation's
policy of insurance the coverage against losses caused by hail and fire
and to obtain coverage therefor from other than a Federal insurer. Upon
notice in writing of such election to the Corporation and submission of
evidence of such substitute coverage on the commodities insured by the
Corporation in a dollar amount not less than that provided by the
Corporation's policy of insurance, the producer's premium, as calculated
by the Corporation, shall be reduced by an amount equal to 40 per centum
of the prevailing average county hail and fire insurance premium charged
by other than Federal insurers for the dollar amount of the coverage
provided by the Corporation's policy of insurance, as determined by the
Corporation: Provided, That the producer's premium shall not be reduced
by less than 15 per centum nor more than 30 per centum: Provided
further, That, notwithstanding the preceding provisions of this
sentence, the producer's premium shall not be reduced by an amount that
exceeds the premium for the substitute coverage of a dollar amount equal
to that provided by the Corporation's policy of insurance. Any premium
reduction in excess of the amount of premium that the Corporation
determines would have been necessary for the Corporation to charge in
order to cover indemnities actually paid by other than Federal insurers
for hail and fire coverage deleted from the Corporation's policy of
insurance shall be regarded as premium paid by the Corporation.
(3) For the purpose of encouraging the broadest possible
participation in the insurance program, 30 per centum of each producer's
premium (reduced, where applicable, for hail and fire exclusion, or
State or State agency subsidy), as calculated by the Corporation on any
coverage under the Corporation's policy of insurance up to a maximum of
65 per centum of the recorded or appraised average yield, as adjusted,
shall be paid by the Corporation.
(4) The producer's premium, or share thereof, shall be collected at
such time or times, and shall be secured in such manner, as the Board
may determine.
(5) The Board may enter into agreements with any State or agency of a
State under which such State or agency may pay to the Corporation
additional premium subsidy to further reduce the portion of the premium
paid by farmers in such State.
(6) With respect to any crop insurance covering the 1981 crop of
wheat, feed grains, upland cotton, or rice, a producer shall not be
eligible for a partial payment of the premium by the Corporation under
paragraph (3) of this subsection for such commodity if the producer
elects to make the acreage of the commodity eligible for payments under
the disaster payment provisions for wheat, feed grains, upland cotton,
and rice of the Agricultural Act of 1949 (as amended effective for the
1981 crops) (7 U.S.C. 1421 et seq.): Provided further, That a producer
who is not eligible for a partial payment of premium by the Corporation
under this subsection because of the producer's election to make the
acreage of the commodity involved eligible for disaster payments in 1981
shall remain eligible to purchase Federal crop insurance on the 1981
acreage of the commodity at the full cost of the premium.
(f) Claims for losses
The Corporation may adjust and pay claims for losses as provided
under subsection (a) of this section under rules prescribed by the
Board. The rules prescribed by the Board shall establish standards to
ensure that all claims for losses are adjusted to the extent practicable
in a uniform and timely manner. In the event that any claim for
indemnity under the provisions of this chapter is denied by the
Corporation, an action on such claim may be brought against the
Corporation in the United States district court for the district in
which the insured farm is located: Provided, That no suit on such claim
may be allowed under this section unless it shall have been brought
within one year after the date when notice of denial of the claim is
mailed to and received by the claimant.
(g) Special rule for cotton
In connection with insurance upon yields of cotton, the Corporation
may include provision for additional premium and indemnity in terms of
lint cotton to cover loss of cottonseed, such additional premium and
indemnity to be determined on the basis of the average relationship
between returns from cottonseed and returns from lint cotton for the
same period of years as that used for computing yields and premium
rates.
(h) Reinsurance
The Corporation is directed, notwithstanding any other provision of
this chapter, to provide reinsurance, to the maximum extent practicable,
upon such terms and conditions as the Board may determine to be
consistent with subsections (a) and (b) of this section and sound
reinsurance principles, to insurers including private insurance
companies or pools of such companies, reinsurers of such companies, or
State or local governmental entities, including any political
subdivisions thereof, that insure producers of any agricultural
commodity under a plan or plans acceptable to the Corporation. A test
program of such reinsurance shall be made available, to the maximum
extent possible, to begin not later than with the 1982 crops. In order
to provide equity among producers purchasing crop insurance, whenever
the Corporation provides reinsurance under this subsection to any such
insurers, the Corporation shall pay a portion of each producer's premium
for such insurance so reinsured. Each such payment shall cover the same
per centum of the premium, and be subject to the same restrictions
regarding payments of premiums for crop insurance on commodities, as
provided in subsection (b) of this section for Federal partial payments
of Federal crop insurance premiums. The Corporation shall also pay
operating and administrative costs to insurers of policies on which the
Corporation provides reinsurance to the same extent that such costs are
covered by the Corporation on the Corporation's policies of insurance.
Insurers of policies on which reinsurance is provided shall make use of
licensed private insurance agents and brokers on the same basis as
provided for policies of the Corporation under section 1507(c)(3) of
this title, except that the provisions for compensating agents and
brokers from premiums paid by the insured shall not apply. Beginning
with the 1992 reinsurance year (July 1, 1991 through June 30, 1992), the
Corporation shall revise its reinsurance agreements with the reinsured
companies so as to require the reinsured companies to bear an increased
share of any potential loss under such agreement, taking into
consideration the financial conditions of the reinsured companies and
the availability of private reinsurance.
(i) Application to other areas
The Corporation may provide insurance or reinsurance for production
of agricultural commodities in the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands in the same manner as provided in this section for
production of agricultural commodities in the United States.
(j) Optional coverages
The Corporation may offer specific risk protection programs
including, but not limited to, prevented planting, wildlife depredation,
tree damage and disease, and insect infestation programs under such
terms and conditions as the Board may determine: Provided, That no
program may be undertaken if insurance for the specific risk involved is
generally available from private companies.
(k) Research
The Corporation may conduct research, surveys, pilot programs, and
investigations relating to crop insurance and agriculture-related risks
and losses including, but not limited to, insurance on losses involving
reduced forage on rangeland caused by drought and by insect infestation,
livestock poisoning and disease, destruction of bees due to the use of
pesticides, and other unique problems of special risk related to, but
not limited to, fruits, nuts, vegetables, aquacultural species, forest
industry needs (including appreciation), and other agricultural products
as determined by the Board: Provided, That no such programs may be
undertaken if insurance protection against such risks is generally
available from private companies. After the completion of any pilot
program under this subsection, the Corporation shall evaluate the pilot
program and submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a report of the operations of the pilot program,
including its evaluation of the pilot program and its recommendations
with respect to implementing the program on a national basis.
(l) Crop insurance for dry edible beans
The Corporation shall make available to producers of different types
of dry edible beans crop insurance that meets the differentiated needs
of such producers.
(m) Information collection on crop insurance
(1) In general
The Corporation shall provide to the Secretary of Agriculture --
(A) current and complete information on all aspects of Federal crop
insurance for distribution to producers through local offices of the
Department of Agriculture; and
(B) a listing of agents for agent referral to producers through local
offices of the Department of Agriculture.
(2) Use of information
The Secretary shall utilize the information provided under paragraph
(1) to educate State executive directors of the Agricultural
Stabilization and Conservation Service concerning such information to
enable such directors to convey such information to local offices for
distribution to local producers.
(Feb. 16, 1938, ch. 30, title V, 508, 52 Stat. 74; June 22, 1938,
ch. 563, 52 Stat. 835; June 21, 1941, ch. 214, 3-7, 10, 55 Stat. 255,
256; Dec. 23, 1944, ch. 713, 1-3, 58 Stat. 918, 919; Aug. 1, 1947, ch.
440, 1-3, 61 Stat. 718; Aug. 25, 1949, ch. 512, 1-3, 63 Stat. 663;
Aug. 13, 1953, ch. 431, 67 Stat. 575; July 23, 1957, Pub. L. 85-111, 71
Stat. 309; Aug. 4, 1959, Pub. L. 86-131, 73 Stat. 278; Sept. 12, 1964,
Pub. L. 88-589, 78 Stat. 933; Sept. 26, 1980, Pub. L. 96-365, title I,
105, 106, 107(b), 94 Stat. 1314, 1315, 1317; Aug. 11, 1988, Pub. L.
100-387, title II, 208(a), 102 Stat. 941; Nov. 28, 1990, Pub. L.
101-624, title XXII, 2203-2205, 104 Stat. 3955-3957; Dec. 13, 1991,
Pub. L. 102-237, title VI, 601(4), (5), 105 Stat. 1878.)
The Agricultural Act of 1949, as amended, referred to in subsec.
(e)(6), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended,
which is classified principally to chapter 35A ( 1421 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1421 of this title and Tables.
1991 -- Subsec. (a). Pub. L. 102-237, 601(4), struck out par. (1)
designation.
Subsecs. (k) to (n). Pub. L. 102-237, 601(5), redesignated subsecs.
(l) to (n) as (k) to (m), respectively.
1990 -- Pub. L. 101-624, 2204(b)(1), inserted section catchline and
struck out ''To carry out the purposes of this chapter the Corporation
is authorized and empowered -- '' before subsec. (a).
Subsec. (a). Pub. L. 101-624, 2205(1), inserted heading, substituted
''the Corporation may insure'' for ''to insure'' in first sentence, and
inserted provisions relating to amount of insurance to be provided in
cases where Agricultural Stabilization and Conservation Service has
established adjusted yields, and provisions relating to establishment of
a price level for each commodity beginning with the 1992 crop year.
Subsecs. (b) to (d). Pub. L. 101-624, 2204(a)(1), (2), added
subsecs. (b) to (d) and redesignated subsecs. (b) to (d) as (e) to
(g), respectively.
Subsec. (e). Pub. L. 101-624, 2204(a)(1), (b)(2), redesignated
subsec. (b) as (e), inserted heading, and substituted ''The Corporation
may fix'' for ''To fix'' in par. (1). Former subsec. (e) redesignated
(h).
Subsec. (f). Pub. L. 101-624, 2204(a)(1), redesignated subsec. (c) as
(f). Former subsec. (f) redesignated (i).
Pub. L. 101-624, 2203(a), inserted heading, substituted ''The
Corporation may adjust and pay claims for losses as provided under
subsection (a) of this section'' for ''To adjust and pay claims for
losses'', and inserted after first sentence ''The rules prescribed by
the Board shall establish standards to ensure that all claims for losses
are adjusted to the extent practicable in a uniform and timely manner.''
Subsec. (g). Pub. L. 101-624, 2204(a)(1), (b)(3), redesignated
subsec. (d) as (g), inserted heading, and substituted ''the Corporation
may include'' for ''to include''. Former subsec. (g) redesignated (j).
Subsec. (h). Pub. L. 101-624, 2204(a)(1), redesignated subsec. (e) as
(h). Former subsec. (h) redesignated (k).
Pub. L. 101-624, 2203(b), inserted heading, substituted ''The
Corporation is directed'' for ''And directed'', and inserted sentence at
end relating to revision of reinsurance agreements beginning with the
1992 reinsurance year.
Subsec. (i). Pub. L. 101-624, 2204(a)(1), (b)(4), redesignated
subsec. (f) as (i), inserted heading, and substituted ''The Corporation
may provide'' for ''To provide''. Former subsec. (i) redesignated (l).
Subsec. (j). Pub. L. 101-624, 2204(a)(1), (b)(5), redesignated
subsec. (g) as (j), inserted heading, and substituted ''The Corporation
may offer'' for ''To offer''. Former subsec. (j) redesignated (m).
Subsec. (k). Pub. L. 101-624, 2205(2), struck out subsec. (k) which
set out a special rule for calculating premiums and indemnities, with
respect to insuring timber and forest yields.
Pub. L. 101-624, 2204(a)(1), (b)(6), redesignated subsec. (h) as
(k), inserted heading, and substituted ''The Corporation may include''
for ''To include''.
Subsec. (l). Pub. L. 101-624, 2204(a)(1), (b)(7), redesignated
subsec. (i) as (l), inserted heading, substituted ''The Corporation may
conduct'' for ''To conduct'', and struck out second and third sentences
which read as follows: ''Beginning in the 1981 crop year and ending
after the 1985 crop year, the Corporation shall also conduct a pilot
program of individual risk underwriting of crop insurance in not less
than twenty-five counties. Under this pilot program, to the extent that
appropriate yield data are available, the Corporation shall make
available to producers in such counties crop insurance under this
chapter based on personalized rates and with guarantees determined from
the producer's actual yield history.''
Subsec. (m). Pub. L. 101-624, 2204(b)(8), added subsec. (m) and
struck out former subsec. (m) which read as follows: ''To accumulate,
prior to the 1989 crop year, sufficient actuarial data to enable the
Corporation to provide crop insurance that meets the differentiated
needs of producers of different types of dry edible beans. Commencing
with the 1989 crop year, the Corporation shall make such crop insurance
available to producers.''
Pub. L. 101-624, 2204(a)(1), redesignated subsec. (j) as (m).
Subsec. (n). Pub. L. 101-624, 2204(a)(3), added subsec. (n).
1988 -- Subsec. (j). Pub. L. 100-387 added subsec. (j).
1980 -- Subsec. (a). Pub. L. 96-365, 105, authorized Corporation, if
sufficient actuarial data is available, to insure producers of any
agricultural commodity grown in the United States under any plan of
insurance determined to be adapted to the commodity involved; defined
''field'' in the case of aquacultural species to mean the environment in
which the commodity is produced; in revising percentage limitations for
crop insurance coverage, prescribed 75 per centum protection for
recorded or appraised average yield (previously protected up to such
percentage), offered producers lesser levels of coverage including 50
per centum of recorded or appraised average yield as adjusted, barred
protection exceeding 75 per centum, offered price election approximating
(but not less than 90 per centum of) projected market price for
commodity involved, and struck out requirement for downward adjustment
of minimum percentage in yield which may be insured to reflect
investment in crop; and struck out limitations on Federal crop
insurance program which: limited crop insurance to not more than seven
agricultural commodities in 1948 and to not more than three additional
commodities yearly thereafter, beginning with 1954 crop authorized
yearly expansion of crop insurance program to not more than 150 counties
in addition to counties offered insurance the previous year, limited
reinsurance for private insurance companies to 20 counties, and required
counties selected by the Board for crop insurance to be representative
of areas where the commodity involved normally was produced; and struck
out general reinsurance provision, covered in subsec. (e) of this
section.
Subsec. (b). Pub. L. 96-365, 106(1), designated existing provisions
as par. (1), struck out ''in the agricultural commodity or in cash,''
after ''premiums for insurance'' and proviso from first sentence
authorizing establishment of premiums on the basis of the parity or
comparable price for the commodity as determined and publish by
Secretary of Agriculture, or on the basis of an average market price
designated by the Board and second sentence providing for collection of
premiums at such time or times, or for securing in such manner, as the
Board may determine, which is covered in par. (4), required the rates
to be actuarially sufficient, added pars. (2) and (3), incorporated
existing provision in par. (4), and added pars. (5) and (6).
Subsec. (c). Pub. L. 96-365, 106(2), struck out ''in the agricultural
commodity or in cash,'' after ''claims for losses'' and provisions
respecting: determination of indemnities on same price basis as
premiums were determined for the crop with respect to which the
indemnities were paid; requirement that the Corporation post annually
for each county at the county courthouse a list of indemnities paid for
lossess on farms in the county; action on claims in any court of the
State having general jurisdiction, sitting in the county where the
insured farm was located; and jurisdiction of district courts without
regard to amount in controversy.
Subsec. (d). Pub. L. 96-365, 106(3), redesignated subsec. (e) as (d)
and struck out prior subsec. (d) authorizing Corporation to purchase,
handle, store, insure, provide storage facilities for, and sell
agricultural commodities.
Subsec. (e). Pub. L. 96-365, 106(4), added subsec. (e). Former
subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 96-365, 106(4), substituted provisions for
insurance and reinsurance in the territories and possessions for prior
provision for reinsurance in Puerto Rico when not available from
recognized private sources.
Subecs. (g), (h). Pub. L. 96-365, 106(4), added subsecs. (g) and
(h).
Subec. (i). Pub. L. 96-365, 107(b), added subsec. (i).
1964 -- Subsec. (a). Pub. L. 88-589 increased from 100 to 150 the
number of counties into which the Federal crop insurance program may be
extended.
1959 -- Subsec. (a). Pub. L. 86-131 struck out provision prohibiting
Federal crop insurance in a county unless two hundred farms or one third
of the farms normally producing the commodity apply for such insurance,
excluding farms refused insurance on the basis of risk involved.
1957 -- Subsec. (f). Pub. L. 85-111 added subsec. (f).
1953 -- Subsec. (a). Act Aug. 13, 1953, authorized extension of
Federal crop insurance program into an additional 100 counties, struck
out commodity formula basis on which this expansion may take place, and
provided an exception to the strict county limitation by providing that
producers on farms situated in a local producing area bordering on a
county with a crop insurance program may be included in that county's
program.
1949 -- Subsec. (a). Act Aug. 25, 1949, 1, provided for an annual
increase in number of counties in which insurance now offered by
Corporation can be issued.
Subsec. (b). Act Aug. 25, 1949, 2, struck out provision under which
Corporation's administrative expenses are restricted, after the crop
year 1949, to a sum equivalent to 25 percent of the premiums collected
in the preceding year.
Subsec. (c). Act Aug. 25, 1949, 3, struck out provision which
required prorating of losses beginning with crop year 1950.
1947 -- Subsec. (a). Act Aug. 1, 1947, 1, amended subsec. (a)
generally, and among other changes, provided for crop insurance,
commencing with crops planted for harvest in 1948, made provision for
reinsurance, enumerated specific crops insurable in 1948, provided for
additional crops in subsequent years, limited number of counties in
which certain crops were insurable, increased required number of
applications in any one county from fifty to two hundred, and authorized
Board to refuse insurance in any county where agricultural commodity to
be insured constitutes an unimportant part of total agricultural income.
Subsec. (b). Act Aug. 1, 1947, 2, inserted proviso relating to basis
for premiums.
Subsec. (c). Act Aug. 1, 1947, 3, inserted first proviso relating to
determination of price basis for indemnities.
1944 -- Subsec. (a). Act Dec. 23, 1944, 1, amended subsec. (a)
generally to provide insurance against loss not only for wheat and
cotton crops but also for flax, corn, oats, etc.
Subsec. (b). Act Dec. 23, 1944, 2, provided for the establishment of
such rates as would cover crop losses and build up a reasonable reserve,
and inserted proviso.
Subsec. (c). Act Dec. 23, 1944, 3, inserted first proviso, and
inserted ''and received'' after ''mailed to'' in last proviso.
1941 -- Subsec. (a). Act June 21, 1941, 3-5, struck out comma after
''1939'' and inserted ''and with the cotton crop planted for harvest in
1942'', and substituted ''producers of the agricultural commodity
against loss in yields of the agricultural commodity'' for ''producers
of wheat against loss in yields of wheat'' in the first sentence, and
''the agricultural commodity'' for ''wheat'' in the third sentence,
respectively.
Subsecs. (b), (c). Act June 21, 1941, 6, substituted ''the
agricultural commodity'' for ''wheat'' wherever appearing.
Subsec. (d). Act June 21, 1941, 6, 10, substituted ''the agricultural
commodity'' for ''wheat'' wherever appearing, and inserted second
sentence.
Subsec. (e). Act June 21, 1941, 7, added subsec. (e).
1938 -- Subsec. (a). Act June 22, 1938, inserted second proviso in
first sentence.
Section 105 of Pub. L. 96-365 provided that the amendment made by
that section is effective with respect to 1981 and subsequent crops.
Section 106 of Pub. L. 96-365 provided that the amendment made by
that section is effective with respect to 1981 and subsequent crops.
Amendment by section 107(b) of Pub. L. 96-365 effective Sept. 26,
1980, see section 112 of Pub. L. 96-365, set out as a note under
section 1504 of this title.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
Pub. L. 100-546, Oct. 28, 1988, 102 Stat. 2730, provided for
establishment, membership, compensation, etc., of Commission for the
Improvement of the Federal Crop Insurance Program, directed Commission
to study and determine why participation in program had not reached
levels anticipated when Federal Crop Insurance Act of 1980 was enacted,
to identify States and commodities to which lack of participation in
program is most serious, and to prepare findings and recommendations
setting forth means by which participation in program could be increased
and natural protection for producers of agricultural commodities could
be improved, required Commission to submit an interim report to
Congressional committees and Secretary of Agriculture, not later than
Apr. 1, 1989, containing findings and recommendations for immediate
administrative improvement in program, aimed at improving program in
1990 sales year, and a final report, not later than July 1, 1989, to
include Commission's findings and recommendation and a status report on
improvement of program, authorized Commission to continue to monitor
program and to submit monthly reports beginning July 1, 1989, and ending
Dec. 31, 1990, and terminated Commission on Dec. 31, 1990.
Pub. L. 100-203, title I, 1507, Dec. 22, 1987, 101 Stat. 1330-29,
provided that: ''It is the sense of Congress that, in carrying out the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), the Federal Crop
Insurance Corporation --
''(1) should not be required to assume 100 percent of all loss
adjustments in the Federal crop insurance program; and
''(2) should assume and perform the loss adjustment obligations of a
reinsured company if the Corporation determines that such company's loss
adjustment performance and practices are not carried out in accordance
with the applicable reinsurance agreement.''
Section 202 of Pub. L. 96-365 provided that: ''The Secretary of
Agriculture, after consultation with the Board of Directors of the
Federal Crop Insurance Corporation, shall, at least sixty days prior to
the beginning of the planting of the 1981 crops of wheat, feed grains,
upland cotton, and rice, or thirty days after the date of enactment of
this Act (Sept. 26, 1980), whichever is the later, notify producers of
those commodities of their right to elect, with respect to the 1981
crop, between (1) declaring the farm acreage of the respective commodity
eligible for disaster payments under the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.), or (2) covering such farm acreage with crop
insurance, part of the premium for which is paid by the Federal Crop
Insurance Corporation under the provisions of section 508(b)(3) or
508(e) of the Federal Crop Insurance Act (subsec. (b)(3) or (e) of this
section). Such notice shall include a statement of the percent of crop
insurance premium that will be paid by the Corporation.''
Pub. L. 95-181, 2, Nov. 15, 1977, 91 Stat. 1373, provided that:
''The Secretary of Agriculture shall undertake an immediate study of
alternative programs which could be established for an all-risk,
all-crop insurance to help provide protection to those suffering crop
losses in floods, droughts, and other natural disasters, including
alternative methods of administration, Federal assistance, reinsurance,
rate setting and private insurance industry involvement, as well as
variations on the existing crop insurance program, and such other
matters as he determines are relevant, and shall report his findings and
recommendations to the President for transmission to the Congress by
March 1, 1978. The Secretary shall consult with the Secretary of
Housing and Urban Development on behalf of the Federal Insurance
Administration; the Secretary of Treasury and representatives of the
private insurance industry in the course of the study and shall identify
the views of each in forwarding his findings and recommendations to the
President. Such sums, not exceeding $200,000, as are appropriated for
fiscal year 1978 under section 504 of the Federal Crop Insurance Act, as
amended (section 1504 of this title), may be utilized to conduct such a
study.''
Section 5 of Act Aug. 1, 1947, provided: ''Nothing in this Act
(amending sections 1502, 1505 (a to d), 1506(d), 1507(d), and 1508 (a to
c) of this title) shall be construed to affect the validity of any
insurance contract entered into prior to the enactment of this Act (Aug.
1, 1947) insofar as such contract covers the 1947 crop year. Any such
contract which purports to cover a crop in the 1948 or any subsequent
crop year in any county in which insurance on such crop will be
discontinued pursuant to this Act is hereby terminated at the end of the
1947 crop year.''
Amount in controversy, generally, see section 1332 of Title 28,
Judiciary and Judicial Procedure.
Amount in controversy immaterial in action arising under Act
regulating commerce, see section 1337 of Title 28.
07 USC 1508a. Crop insurance yield coverage
TITLE 7 -- AGRICULTURE
(a) In general
(1) Yield coverage
Effective beginning with crops harvested in 1990, the Corporation may
implement multiperil crop insurance underwriting rules that ensure that
yield coverage, as specified in subsection (b) of this section, is
provided to producers participating in the Federal crop insurance
program.
(2) Application
Such underwriting rules and yield coverage, as specified in
subsection (b) of this section, shall apply to wheat, feed grains,
cotton, rice, and soybeans.
(b) Yield coverage
(1) General commodities
(A) Plans
A crop insurance contract offered to a producer of a crop of wheat,
feed grains, cotton, or rice shall make available to such producer --
(i) yield coverage based on the producer's farm program yield for the
crop established under the program for the commodity involved; or
(ii) a plan that uses the producer's actual production history for
the 5 previous crops, subject to paragraph (3), to determine the yield
coverage.
(B) Commodity-by-commodity basis
A producer may choose between the two alternatives described in
subparagraph (A) on a commodity-by-commodity basis.
(2) Soybeans
A crop insurance contract offered to a producer of a crop of soybeans
shall be based on a yield coverage plan that uses the producer's actual
production history for the 5 previous crops, subject to paragraph (3),
to determine the yield coverage.
(3) Actual production history
(A) Inadequate documentation
Under a plan that uses actual production history, as provided for in
paragraph (1) or (2), if the producer does not submit adequate
documentation of such history for a crop --
(i) in the case of any commodity other than soybeans, the producer
shall be assigned the producer's farm program yield for that crop of the
commodity; and
(ii) in the case of soybeans, the producer shall be assigned a yield
equal to 100 percent of the area average yield for that crop of
soybeans, as established by the Corporation.
(B) Notice of area average yields
Area average yields applicable to any county shall be posted and
available for inspection at the county office of the Agricultural
Stabilization and Conservation Service.
(C) Minimum coverage
In no case may a producer's coverage under such plan that uses actual
production history be less than the coverage established using farm
program yields, or (for soybeans) 100 percent of the most recent area
average yield.
(c) Use of yield coverage provisions
(1) Notice
The Corporation shall ensure that, whenever the yield coverage
provisions of this section go into effect, producers are given adequate
notice of such provisions in advance of the crop insurance sign-up
period applicable to the crops to which such provisions first will
apply.
(2) Sign-up period
To the extent that the provisions of this section are made applicable
to the 1990 crops, the Corporation shall ensure that the sign-up period
for any 1990 crop does not end earlier than 60 days following the
publication of notice of such provisions in the Federal Register.
(Feb. 16, 1938, ch. 30, title V, 508A, as added Aug. 14, 1989, Pub.
L. 101-82, title VI, 604, 103 Stat. 587.)
07 USC 1509. Exemption of indemnities from levy
TITLE 7 -- AGRICULTURE
Claims for indemnities under this chapter shall not be liable to
attachment, levy, garnishment, or any other legal process before payment
to the insured or to deduction on account of the indebtedness of the
insured or his estate to the United States except claims of the United
States or the Corporation arising under this chapter.
(Feb. 16, 1938, ch. 30, title V, 509, 52 Stat. 75.)
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
Attachment and garnishment, see rules 64 and 70, Title 28, Appendix,
Judiciary and Judicial Procedure.
07 USC 1510. Deposit and investment of funds; Federal Reserve banks as
fiscal agents
TITLE 7 -- AGRICULTURE
All money of the Corporation not otherwise employed may be deposited
with the Treasurer of the United States or in any bank approved by the
Secretary of the Treasury, subject to withdrawal by the Corporation at
any time, or with the approval of the Secretary of the Treasury may be
invested in obligations of the United States or in obligations
guaranteed as to principal and interest by the United States. Subject
to the approval of the Secretary of the Treasury, the Federal Reserve
banks are hereby authorized and directed to act as depositories,
custodians, and fiscal agents for the Corporation in the performance of
its powers conferred by this chapter.
(Feb. 16, 1938, ch. 30, title V, 510, 52 Stat. 75.)
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
07 USC 1511. Tax exemption
TITLE 7 -- AGRICULTURE
The Corporation, including its franchise, its capital, reserves, and
surplus, and its income and property, shall be exempt from all taxation
on or after February 16, 1938, imposed by the United States or by any
Territory, dependency, or possession thereof, or by any State, county,
municipality, or local taxing authority.
(Feb. 16, 1938, ch. 30, title V, 511, 52 Stat. 75.)
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
07 USC 1512. Corporation as fiscal agent of Government
TITLE 7 -- AGRICULTURE
When designated for that purpose by the Secretary of the Treasury,
the Corporation shall be a depository of public money, except receipts
from customs, under such regulations as may be prescribed by said
Secretary; and it may also be employed as a financial agent of the
Government; and it shall perform all such reasonable duties, as a
depository of public money and financial agent of the Government, as may
be required of it.
(Feb. 16, 1938, ch. 30, title V, 512, 52 Stat. 75.)
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
07 USC 1513. Books of account and annual reports of Corporation
TITLE 7 -- AGRICULTURE
The Corporation shall at all times maintain complete and accurate
books of accounts and shall file annually with the Secretary of
Agriculture a complete report as to the business of the Corporation.
(Feb. 16, 1938, ch. 30, title V, 513, 52 Stat. 76; Jan. 2, 1975,
Pub. L. 93-604, title VI, 603, 88 Stat. 1963.)
1975 -- Pub. L. 93-604 struck out provisions that financial
transactions of Corporation shall be audited at least once each year by
the General Accounting Office for the sole purpose of making a report to
Congress, together with such recommendations as the Comptroller General
of the United States may deem advisable and the proviso that such report
shall not be made until the Corporation shall have had reasonable
opportunity to examine the exceptions and criticisms of the Comptroller
General or the General Accounting Office, to point out errors therein,
explain or answer the same, and to file a statement which shall be
submitted by Comptroller General with his report.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
Section 9105(f) of Title 31, Money and Finance, provides that an
audit under subsection (a) of that section is in place of an audit of
the financial transactions of a Government corporation the Comptroller
General is required to make in reporting to Congress or the President
under another law.
07 USC 1514. Crimes and offenses
TITLE 7 -- AGRICULTURE
(a) to (e). Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862,
eff. Sept. 1, 1948
(f) Application of laws on interest of members of Congress in
contracts
The provisions of section 22 of title 41 shall not apply to any crop
insurance agreements made under this chapter.
(Feb. 16, 1938, ch. 30, title V, 514, 52 Stat. 76; June 25, 1948,
ch. 645, 4, 21, 62 Stat. 859, 862.)
1948 -- Subsecs. (a) to (e). Act June 25, 1948, 21, repealed
provisions relating to crimes and offenses. See sections 371, 433, 657,
658, 1006, 1014, and former section 1093 of Title 18, Crimes and
Criminal Procedure.
Subsec. (f). Act June 25, 1948, 4, struck out provisions relating to
former sections 202 to 207 of Title 18. See sections 202, 216, 431 to
433 of Title 18.
Amendment by act June 25, 1948, effective Sept. 1, 1948, see section
20 of that act.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
07 USC 1515. Repealed. Pub. L. 96-365, title I, 108, Sept. 26, 1980,
94 Stat. 1317
TITLE 7 -- AGRICULTURE
Section, act Feb. 16, 1938, ch. 30, title V, 515, 52 Stat. 77,
provided for appointment and compensation of an advisory committee.
Repeal effective Sept. 26, 1980, see section 112 of Pub. L.
96-365, set out as Effective Date of 1980 Amendment note under section
1504 of this title.
07 USC 1516. Authorization of appropriations
TITLE 7 -- AGRICULTURE
(a) Operating and administrative costs; allotment determination;
payments from premium income and other Corporation funds; appropriation
restoration of payments; additional personnel limitation; emergencies
exception; use of indemnity funds to pay administrative and operating
expenses incurred during fiscal 1981
(1) There are hereby authorized to be appropriated such sums as may
be necessary to cover the operating and administrative costs of the
Corporation, including agents' and brokers' commissions, interest on
Treasury notes and other obligations, partial premium payments by the
Corporation, and the direct cost of loss adjusters for crop inspections
and loss adjustments, which shall be allotted to the Corporation in such
amounts and at such time or times as the Secretary of Agriculture may
determine. Expenses in connection with agents' and brokers'
commissions, interest on Treasury notes and other obligations, partial
premium payments by the Corporation, and the direct cost of loss
adjusters for crop inspections and loss adjustments may be paid from
premium income and other Corporation funds, and any such payments may be
restored by appropriations in subsequent years. The Corporation may not
employ more than two hundred additional permanent full-time employees,
in excess of the number of full-time employees employed by the
Corporation on the effective date of the Federal Crop Insurance Act of
1980, to implement the provisions of this chapter, except in the case
of, and only during, emergencies.
(2) To ensure the timely implementation of the Federal Crop Insurance
Act of 1980, the Corporation may use funds otherwise available for the
payment of indemnities to pay administrative and operating expenses of
the Corporation incurred during the fiscal year ending September 30,
1981. However, the total amount of funds used by the Corporation under
this paragraph shall not exceed $14,000,000.
(b) Regulations
The Secretary and the Corporation, respectively are authorized to
issue such regulations as may be necessary to carry out the provisions
of this chapter.
(c) Emergency funding in case of insufficient moneys
(1) If at any time the moneys available to the Federal Crop Insurance
Corporation are insufficient to enable the Corporation to discharge its
responsibility of indemnifying producers for losses under this chapter,
the Corporation may, upon majority vote of its Board of Directors,
request the Secretary of Agriculture to use the funds of the Commodity
Credit Corporation to make timely payment of indemnities to producers.
Upon receiving such a request, the Secretary of Agriculture may use the
funds of the Commodity Credit Corporation to meet obligations to
indemnify producers for losses under this chapter.
(2) The authority to make commitments under this subsection, in
excess of funds available to the Commodity Credit Corporation under
section 714b of title 15 and the Act of October 11, 1978 (92 Stat.
1073), shall be effective for any fiscal year only to the extent
provided by appropriation Acts.
(d) Borrowing authority and necessity of authorization; form,
denomination, maturity, terms and conditions, redemption, rate of
interest, and purchase and sale of obligations by Secretary of Treasury;
public debt transactions
Except as provided in subsection (c) of this section, if at any time
the moneys available to the Federal Crop Insurance Corporation are
insufficient to enable the Corporation to discharge its responsibility
of indemnifying producers for losses under this chapter, the Corporation
may issue to the Secretary of the Treasury notes or other obligations in
such forms and denominations, bearing such maturities, and subject to
such terms and conditions, as may be prescribed by the Secretary of the
Treasury. Redemption of such notes or obligations shall be made by the
Corporation from moneys available from premiums or the issuance of
capital stock under section 1504 of this title. Such notes or other
obligations shall bear interest at a rate determined by the Secretary of
the Treasury, which shall be not less than a rate determined by taking
into consideration the average market yield on outstanding marketable
obligations of the United States of comparable maturities during the
month preceding the issuance of the notes or other obligations. The
Secretary of the Treasury shall purchase any notes or other obligations
issued hereunder and for that purpose is authorized to use as a public
debt transaction the proceeds from the sale of any securities issued
under chapter 31 of title 31 and the purposes for which securities may
be issued under that chapter are extended to include any purchase of
such notes or obligations. The Secretary of the Treasury may at any
time sell any of the notes or other obligations acquired by the
Secretary of the Treasury under this subsection. All redemptions,
purchases, and sales by the Secretary of the Treasury of such notes or
other obligations shall be treated as public debt transactions of the
United States. The borrowing authority provided for in this subsection
may be exercised by the Corporation only to such extent or in such
amounts as are provided in appropriation Acts.
(Feb. 16, 1938, ch. 30, title V, 516, 52 Stat. 77; June 21, 1941,
ch. 214, 6, 8, 55 Stat. 255, 256; Aug. 3, 1956, ch. 950, 10, 70 Stat.
1034; Sept. 26, 1980, Pub. L. 96-365, title I, 109, 110, 94 Stat.
1317, 1318; May 22, 1981, Pub. L. 97-11, 95 Stat. 13; Dec. 23, 1985,
Pub. L. 99-198, title X, 1021, 99 Stat. 1459.)
For effective date of the Federal Crop Insurance Act of 1980,
referred to in subsec. (a)(1), see section 112 of Pub. L. 96-365, set
out as an Effective Date of 1980 Amendment note under section 1504 of
this title and the Effective Date of 1980 Amendment note set out below.
The Federal Crop Insurance Act of 1980, referred to in subsec. (a)(
2), is Pub. L. 96-365, Sept. 26, 1980, 94 Stat. 1312, which amended
sections 1441, 1444, 1444c, 1445b, 1504, 1505, 1506, 1507, 1516, and
1518 of this title, repealed section 1515 of this title, and enacted
provisions set out as notes under sections 1441, 1444, 1444c, 1445b,
1504, 1508, and 1516 of this title. For complete classification of this
Act to the Code, see Short Title of 1980 Amendment note set out under
section 1501 of this title and Tables.
Act of October 11, 1978 (92 Stat. 1073), referred to in subsec. (c)(
2), is Pub. L. 95-448, Oct. 11, 1978, 92 Stat. 1073, known as the
Agriculture, Rural Development, and Related Agencies Appropriation Act,
1979. For complete classification of this Act to the Code, see Tables.
In subsec. (d), ''chapter 31 of title 31'' and ''that chapter''
substituted for ''the Second Liberty Bond Act'' and ''that Act'',
respectively, on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
1985 -- Subsec. (c)(1). Pub. L. 99-198 struck out provision that
Secretary's authority to use the funds of Commodity Credit Corporation
for purposes of this subsection would expire one year after date on
which that authority was first used.
1981 -- Subsec. (a). Pub. L. 97-11 designated existing provisions as
par. (1) and added par. (2).
1980 -- Subsec. (a). Pub. L. 96-365, 109, substituted appropriations
authorization of necessary sums for former limitation of $12,000,000 for
each fiscal year beginning after June 30, 1938; included as costs
agents' and brokers' commissions, interest on Treasury notes and other
obligations, partial premium payments by the Corporation, and the direct
cost of loss adjusters for crop inspections and loss adjustments and
authorized payment of these costs from premium income and other
Corporation funds and restoration of such payments through subsequent
year appropriations; prescribed limitation on employment of additional
personnel except during emergencies; and deleted provisions for for
consideration as being nonadministrative or nonoperating expenses such
expenses as related to purchase, transportation, handling, or sale of
the agricultural commodity and the direct cost of loss adjusters for
crop inspections and loss adjustments and provision for use of premium
income for administrative and operating costs within limits prescribed
in applicable appropriations.
Subsecs. (c), (d). Pub. L. 96-365, 110, added subsecs. (c) and (d).
1956 -- Subsec. (a). Act Aug. 3, 1956, added to list of costs which
may be considered as nonadministrative or nonoperating, the direct cost
of loss adjusters for crop inspections and loss adjustment, and
authorized use of premium income for administrative and operating costs
within limits prescribed by applicable appropriation.
1941 -- Subsec. (a). Act June 21, 1941, substituted ''the
agricultural commodity'' for ''wheat'', and ''$12,000,000'' for
''$6,000,000''.
Section 109 of Pub. L. 96-365 provided that the amendment made by
that section is effective Oct. 1, 1980.
Section 110 of Pub. L. 96-365 provided that the amendment made by
that section is effective Oct. 1, 1980.
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out
under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
Act Dec. 23, 1944, ch. 713, 6, 58 Stat. 920, provided an
additional appropriation not to exceed $3,000,000 to be available for
the fiscal year 1945 to carry out the provisions of this chapter for the
fiscal years 1943 and 1944.
07 USC 1517. Separability
TITLE 7 -- AGRICULTURE
The sections of this chapter and subdivisions of sections are
declared to be separable, and in the event any one or more sections or
parts of the same of this chapter be held to be unconstitutional, the
same shall not affect the validity of other sections or parts of
sections of this chapter.
(Feb. 16, 1938, ch. 30, title V, 517, 52 Stat. 77.)
07 USC 1518. ''Agricultural commodity'' defined
TITLE 7 -- AGRICULTURE
''Agricultural commodity'', as used in this chapter, means wheat,
cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice,
peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum,
sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning
peas, forage, apples, grapes, potatoes, timber and forests, nursery
crops, citrus, and other fruits and vegetables, nuts, tame hay, native
grass, aquacultural species (including, but not limited to, any species
of finfish, mollusk, crustacean, or other aquatic invertebrate,
amphibian, reptile, or aquatic plant propagated or reared in a
controlled or selected environment), or any other agricultural
commodity, excluding livestock and stored grain, determined by the Board
under subsection (a) or (k) of section 1508 of this title, or any one or
more of such commodities, as the context may indicate.
(Feb. 16, 1938, ch. 30, title V, 518, as added June 21, 1941, ch.
214, 9, 55 Stat. 256, and amended Dec. 23, 1944, ch. 713, 4, 58 Stat.
919; Aug. 25, 1949, ch. 512, 9, 63 Stat. 665; Sept. 26, 1980, Pub. L.
96-365, title I, 111, 94 Stat. 1319; Dec. 13, 1991, Pub. L. 102-237,
title VI, 601(6), 105 Stat. 1878.)
A former section 1518, act Feb. 16, 1938, ch. 30, title V, 518, 52
Stat. 77, was transferred to section 1519 of this title at the time of
the renumbering of such section 518 of act Feb. 16, 1938, as section
519 by act June 21, 1941, ch. 214, 9, 55 Stat. 256.
1991 -- Pub. L. 102-237 substituted ''subsection (a) or (k)'' for
''subsection (a) or (i)''.
1980 -- Pub. L. 96-365 extended definition of ''agricultural
commodity'' to include tomatoes, grain sorghum, sunflowers, raisins,
oranges, sweet corn, dry peas, freezing and canning peas, forage,
apples, grapes, nursery crops, and aquacultural species as illustrated
but not limited, excluded livestock and stored grain, substituted
''sugar cane'' for ''sugarcane'', and inserted reference to subsec. (i)
of section 1508 of this title.
1949 -- Act Aug. 25, 1949, amended section to correct a clerical
error in citation of ''subsection (a) of section 1508''.
1944 -- Act Dec. 23, 1944, increased scope of definition of
''agricultural commodity'' from ''wheat or cotton'' to include all crops
now set out.
Amendment by Pub. L. 96-365 effective Sept. 26, 1980, see section
112 of Pub. L. 96-365, set out as a note under section 1504 of this
title.
07 USC 1519. Amendment or repeal
TITLE 7 -- AGRICULTURE
The right to alter, amend, or repeal this chapter is reserved.
(Feb. 16, 1938, ch. 30, title V, 519, formerly 518, 52 Stat. 77,
renumbered June 21, 1941, ch. 214, 9, 55 Stat. 256.)
Section was formerly classified to section 1518 of this title.
07 USC 1520. Persons under twenty-one years of age
TITLE 7 -- AGRICULTURE
Notwithstanding any other provision of law, no person shall be denied
insurance under this chapter solely on the ground that he is under
twenty-one years of age if such person is (1) over eighteen years of
age, and (2) has a bona fide insurable interest in a crop as an
owner-operator, landlord, tenant or sharecropper: Provided, That any
such person who enters into a Federal Crop Insurance contract shall be
subject to the same legal liability and have the same legal rights with
respect to such contract as any person over the age of twenty-one years.
(Feb. 16, 1938, ch. 30, title V, 520, as added July 28, 1972, Pub.
L. 92-357, 86 Stat. 501.)
07 USC CHAPTER 37 -- SEEDS
TITLE 7 -- AGRICULTURE
Sec.
1551. Short title.
1561. Definition of terms.
1562. False representations as certified seed; required provisions.
1571. Prohibitions relating to interstate commerce in certain seeds.
1572. Records.
1573. Exemptions.
(a) Carrier transporting seeds.
(b) Seeds not for seeding purposes.
(c) Emergency preventing presentation of information.
(d) Intermixture of unidentified seeds; percentages of kind or kind
and variety of seeds.
(e) Name of substance used in treatment of seeds.
1574. Disclaimers, limited warranties and nonwarranties.
1575. False advertising.
1581. Prohibitions relating to importations.
1582. Procedure relating to importations; disposal of refuse;
exceptions.
1583, 1584. Repealed.
1585. Certain seeds required to be stained.
1586. Certain acts prohibited.
1591. Delegation of duties.
1592. Rules and regulations.
1593. Standards, tests, tolerances.
1593a. Seed variety information and survey.
(a) Information.
(b) Survey.
(c) Analysis of variety survey data.
1594. Prohibition against alterations.
1595. Seizure.
1596. Penalties.
1597. Agent's acts as binding principal.
1598. Notice of intention to prosecute.
1599. Cease and desist proceedings.
(a) Hearing.
(b) Report of Secretary of Agriculture.
(c) Amendment of report.
(d) Service.
1600. Appeal to court of appeals.
1601. Enforcement of order.
1602. Separability.
1603. Procedural powers; witness fees and mileage.
1604. Publication.
1605. Authorization of appropriations.
1606. Authorization of expenditures.
1607. Cooperation with other governmental agencies.
1608. Separability of provisions.
1609. Repeals.
1610. Effective date.
1611. Illegal sales of uncertified seed.
07 USC 1551. Short title
TITLE 7 -- AGRICULTURE
This chapter may be cited as the ''Federal Seed Act.''
(Aug. 9, 1939, ch. 615, 1, 53 Stat. 1275.)
See section 1610 of this title.
Pub. L. 97-439, 1, Jan. 8, 1983, 96 Stat. 2287, provided that:
''This Act (amending sections 1561, 1571, 1581, 1582, 1585, and 1586 of
this title and repealing sections 1583 and 1584 of this title) may be
cited as the 'Federal Seed Act Amendments of 1982'.''
07 USC SUBCHAPTER I -- DEFINITIONS
TITLE 7 -- AGRICULTURE
07 USC 1561. Definition of terms
TITLE 7 -- AGRICULTURE
(a) When used in this chapter --
(1) The term ''United States'' means the several States, District of
Columbia, and Puerto Rico.
(2) The term ''person'' includes a partnership, corporation, company,
society, or association.
(3) The term ''interstate commerce'' means --
(A) commerce between any State, Territory, possession, or the
District of Columbia, and any other State, Territory, possession, or the
District of Columbia; or
(B) commerce between points within the same State, Territory, or
possession, or the District of Columbia, but through any place outside
thereof; or
(C) commerce within the District of Columbia.
(4) For the purposes of this chapter with respect to labeling for
treatment, variety and origin (but not in anywise limiting the foregoing
definition), seeds shall be considered to be in interstate commerce, or
delivered for transportation in interstate commerce, if such seeds are
part of, or delivered for transportation in, that current of commerce
usual in the transportation and/or merchandising of seeds, whereby such
seeds are sent from one State with the expectation that they will end
their transit in another, including, in addition to cases within the
above general description, all cases where seeds are transported or
delivered for transportation to another State, or for processing or
cleaning for seeding purposes within the State and shipment outside the
State of the processed or cleaned seeds. Seeds normally in such current
of commerce shall not be considered out of such current through resort
being had to any means or device intended to remove transactions in
respect thereto from the provisions of this chapter.
(5) The term ''foreign commerce'' means commerce between the United
States, its possessions, or any Territory of the United States, and any
foreign country.
(6)(a) The term ''district court of the United States'' means any
court exercising the powers of a district court of the United States,
(b) Omitted
(7) The term --
(A) ''Agricultural seeds'' shall mean grass, forage, and field crop
seeds which the Secretary of Agriculture finds are used for seeding
purposes in the United States and which he lists in the rules and
regulations prescribed under section 1592 of this title.
(B) ''Vegetable seeds'' shall include the seeds of those crops that
are or may be grown in gardens or on truck farms and are or may be
generally known and sold under the name of vegetable seeds.
(8) For the purpose of subchapter II of this chapter, the term ''weed
seeds'' means the seeds or bulblets of plants recognized as weeds either
by the law or rules and regulations of --
(A) The State into which the seed is offered for transportation, or
transported; or
(B) Puerto Rico, Guam, or District of Columbia into which
transported, or District of Columbia in which sold.
(9)(A) For the purpose of subchapter II of this chapter, the term
''noxious-weed seeds'' means the seeds or bulblets of plants recognized
as noxious --
(i) by the law or rules and regulations of the State into which the
seed is offered for transportation, or transported;
(ii) by the law or rules and regulations of Puerto Rico, Guam, or the
District of Columbia, into which transported, or District of Columbia in
which sold; or
(iii) by the rules and regulations of the Secretary of Agriculture
under this chapter, when after investigation he shall determine that a
weed is noxious in the United States or in any specifically designated
area thereof.
(B) For the purpose of subchapter III of this chapter, the term
''noxious-weed seeds'' means the seeds of Lepidium draba L., Lepidium
repens (Schrenk) Boiss., Hymenophysa pubescens C. A., Mey., white top;
Cirsium arvense (L.) Scop., Canada thistle; Cuscuta spp., dodder;
Agropyron repens (L.) Beauv., quackgrass; Sorghum halepense (L.) Pers.,
Johnson grass; Convolvulus arvensis L., bindweed; Centaurea picris
Pall., Russian knapweed; Sonchus arvensis L., perennial sowthistle;
Euphorbia esula L., leafy spurge; and seeds or bulblets of any other
kinds which after investigation the Secretary of Agriculture finds
should be included.
(10) The term ''origin'' means the State, District of Columbia,
Puerto Rico, or possession of the United States, or the foreign country,
or designated portion thereof, where the seed was grown.
(11) The term ''kind'' means one or more related species or
subspecies which singly or collectively is known by one common name, for
example, soybean, flax, carrot, radish, cabbage, cauliflower, and so
forth.
(12) The term ''variety'' means a subdivision of a kind which is
characterized by growth, plant, fruit, seed, or other characters by
which it can be differentiated from other sorts of the same kind, for
example, Marquis wheat, Flat Dutch cabbage, Manchu soybeans, Oxheart
carrot, and so forth.
(13) The term ''type'' means either (A) a group of varieties so
nearly similar that the individual varieties cannot be clearly
differentiated except under special conditions, or (B) when used with a
variety name means seed of the variety named which may be mixed with
seed of other varieties of the same kind and of similar character, the
manner of and the circumstances connected with the use of the
designation to be governed by rules and regulations prescribed under
section 1592 of this title.
(14) The term ''germination'' means the percentage of seeds capable
of producing normal seedlings under ordinarily favorable conditions (not
including seeds which produce weak, malformed, or obviously abnormal
sprouts), determined by methods prescribed under section 1593 of this
title.
(15) The term ''hard seeds'' means the percentage of seeds which
because of hardness or impermeability do not absorb moisture or
germinate under prescribed tests but remain hard during the period
prescribed for germination of the kind of seed concerned, determined by
methods prescribed under section 1593 of this title.
(16) The term ''inert matter'' means all matter not seeds, and
includes among others broken seeds, sterile florets, chaff, fungus
bodies, and stones, determined by methods prescribed under section 1593
of this title.
(17) The term ''label'' means the display or displays of written,
printed, or graphic matter upon or attached to the container of seed.
(18) The term ''labeling'' includes all labels, and other written,
printed, and graphic representations, in any form whatsoever,
accompanying and pertaining to any seed whether in bulk or in
containers, and includes invoices.
(19) The term ''advertisement'' means all representations, other than
those on the label, disseminated in any manner or by any means, relating
to seed within the scope of this chapter.
(20) Subject to such tolerances as the Secretary of Agriculture is
authorized to prescribe under the provisions of this chapter --
(A) the term ''false labeling'' means any labeling which is false or
misleading in any particular;
(B) the term ''false advertisement'' means any advertisement which is
false or misleading in any particular.
(21) The term ''screenings'' shall include chaff, sterile florets,
immature seed, weed seed, inert matter, and any other materials removed
in any way from any seeds in any kind of cleaning or processing and
which contain less than 25 per centum of live agricultural or vegetable
seeds.
(22) The term ''in bulk'' refers to seed when loose either in
vehicles of transportation or in storage, and not to seed in bags or
other containers.
(23) The term ''treated'' means given an application of a substance
or subjected to a process designed to reduce, control, or repel disease
organisms, insects or other pests which attack seeds or seedlings
growing therefrom.
(24) The term ''seed certifying agency'' means (A) an agency
authorized under the laws of a State, Territory, or possession, to
officially certify seed and which has standards and procedures approved
by the Secretary (after due notice, hearings, and full consideration of
the views of farmer users of certified seed and other interested
parties) to assure the genetic purity and identity of the seed
certified, or (B) an agency of a foreign country determined by the
Secretary of Agriculture to adhere to procedures and standards for seed
certification comparable to those adhered to generally by seed
certifying agencies under (A).
(Aug. 9, 1939, ch. 615, title I, 101, 53 Stat. 1275; June 25, 1948,
ch. 646, 1, 62 Stat. 870; Aug. 1, 1956, ch. 852, 1, 70 Stat. 908; Aug.
1, 1958, Pub. L. 85-581, 1-3, 72 Stat. 476; Oct. 15, 1966, Pub. L.
89-686, 1-3, 19, 80 Stat. 975, 979; Oct. 17, 1969, Pub. L. 91-89, 1, 83
Stat. 134; Jan. 8, 1983, Pub. L. 97-439, 5(a), 96 Stat. 2288.)
Section was enacted without a subsec. (b).
Former subsec. (a)(6)(b), which extended the former term ''circuit
court of appeals,'' in case the principal place of business or residence
of the person against whom a cease and desist order was issued was in
the District of Columbia, to the United States Court of Appeals for the
District of Columbia, for purposes of this chapter, has been omitted
from the Code as obsolete due to the enactment of act June 25, 1948.
The District of Columbia is now a judicial circuit under sections 41 and
43 of Title 28, Judiciary and Judicial Procedure. See, also, Change of
Name notes under sections 1599, 1600, and 1601 of this title.
1983 -- Subsec. (a)(8). Pub. L. 97-439, 5(a)(1)(B), struck out
''(A)'' before ''For the purpose of subchapter II of this chapter''.
Subsec. (a)(8)(A). Pub. L. 97-439, 5(a)(1)(C), substituted ''(A)''
for ''(i)'' before ''The State into which''.
Subsec. (a)(8)(B). Pub. L. 97-439, 5(a)(1)(A), (D), substituted
''(B)'' for ''(ii)'' before ''Puerto Rico, Guam, or District of
Columbia'' and struck out a former subpar. (B) which had, for purposes
of subchapter III, defined ''weed seeds'' to mean seeds or bulblets of
plants found by Secretary to be detrimental to agricultural interests of
the United States or any part thereof.
Subsec. (a)(17). Pub. L. 97-439, 5(a)(2), redesignated par. (18) as
(17). Former par. (17), which, for purposes of subchapter III, had
defined ''pure live seed'' as the portion of any lot of seed subject to
this chapter consisting of live agricultural or vegetable seed
determined by methods prescribed under section 1593 of this title, was
struck out.
Subsec. (a)(18) to (25). Pub. L. 97-439, 5(a)(2), redesignated pars.
(18) through (25) as (17) through (24), respectively.
1969 -- Subsec. (a)(25). Pub. L. 91-89 inserted provision
authorizing Secretary (after due notice, hearing, and full consideration
of the views of interested parties) to approve of the standards and
procedures of seed certifying agencies authorized under the laws of a
State, Territory, or possession.
1966 -- Subsec. (a)(1). Pub. L. 89-686, 1, struck out references to
''Alaska,'' and ''Hawaii,'' before and after ''District of Columbia,''.
Subsec. (a)(4). Pub. L. 89-686, 19, inserted ''treatment'' before
''variety''.
Subsec. (a)(7)(A). Pub. L. 89-686, 2, redefined ''agricultural
seeds'' to be such as are listed in rules and regulations rather than in
statutory text as added to or taken therefrom pursuant to rules and
regulations.
Subsec. (a)(8)(A)(ii), (9)(A)(ii). Pub. L. 89-686, 1, struck out
reference to ''Alaska, Hawaii,'' before ''Puerto Rico''.
Subsec. (a)(10). Pub. L. 89-686, 1, struck out references to
''Alaska,'' and ''Hawaii,'' before and after ''District of Columbia,''.
Subsec. (a)(11). Pub. L. 89-686, 3, substituted ''soybean, flax,
carrot, radish'' for ''wheat, oat, vetch, sweetclover''.
1958 -- Subsec. (a)(7)(A). Pub. L. 85-581, 1, included sugar beets
in list of seeds subject to this chapter by striking out ''excluding
sugar beet'' after ''Beta vulgaris L. -- Field beet''.
Subsec. (a)(24). Pub. L. 85-581, 2, added par. (24).
Subsec. (a)(25). Pub. L. 85-581, 3, added par. (25).
1956 -- Subsec. (a)(8)(A)(ii). Act Aug. 1, 1956, 1(a), inserted
''Guam'' after ''Puerto Rico''.
Subsec. (a)(9)(A)(ii). Act Aug. 1, 1956, 1(b), inserted ''Guam''
after ''Puerto Rico''.
Pub. L. 85-581, 16, provided that: ''This Act, and the amendments
(amending sections 1561, 1562, 1571 to 1574, 1581, 1582, and 1586 of
this title) made hereby, shall take effect upon the date of enactment
(Aug. 1, 1958).''
See section 1610 of this title.
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii
was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No.
3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood
Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note
preceding section 21 of Title 48, Territories and Insular Possessions.
For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat.
4, set out as a note preceding section 491 of Title 48.
07 USC 1562. False representations as certified seed; required
provisions
TITLE 7 -- AGRICULTURE
Any labeling, advertisement, or other representation subject to this
chapter which represents that any seed is certified seed or any class
thereof shall be deemed to be false in this respect unless (a) it has
been determined by a seed certifying agency that such seed conformed to
standards of genetic purity and identity as to kind or variety, and is
in compliance with the rules and regulations of such agency pertaining
to such seed; and (b) the seed bears an official label issued for such
seed by a seed certifying agency certifying that the seed is of a
specified class and a specified kind or variety. Seed of a variety for
which a certificate of plant variety protection under the Plant Variety
Protection Act (7 U.S.C. 2321 et seq.) specifies sale only as a class of
certified seed shall be certified only when
(1) the basic seed from which the variety was produced furnished by
authority of the owner of the variety if the certification is made
during the term of protection, and
(2) it conforms to the number of generations designated by the
certificate, if the certificate contains such a designation.
(Aug. 9, 1939, ch. 615, title I, 102, as added Aug. 1, 1958, Pub. L.
85-581, 4, 72 Stat. 476, and amended Oct. 17, 1969, Pub. L. 91-89, 2, 83
Stat. 134; Dec. 24, 1970, Pub. L. 91-577, title III, 142(b), 84 Stat.
1558.)
The Plant Variety Protection Act, referred to in text, is Pub. L.
91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is classified
principally to chapter 57 ( 2321 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2321 of this title and Tables.
1970 -- Pub. L. 91-577 inserted provisions setting out conditions
for certification of seed of any variety for which a certificate of
plant variety protection under the Plant Variety Protection Act
specifies sale only as a class of certified seed.
1969 -- Pub. L. 91-89 struck out references to registered seed, and
required labels, advertisement, or other representations to certify that
the seed contained therein was determined by a seed certifying agency to
be of a specified class and a specified kind of variety in conformity
with the standards of genetic purity and identity as to kind or variety.
Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section
141 of Pub. L. 91-577, set out as an Effective Date note under section
2321 of this title.
07 USC SUBCHAPTER II -- INTERSTATE COMMERCE
TITLE 7 -- AGRICULTURE
07 USC 1571. Prohibitions relating to interstate commerce in certain
seeds
TITLE 7 -- AGRICULTURE
It shall be unlawful for any person to transport or deliver for
transportation in interstate commerce --
(a) Any agricultural seeds or any mixture of agricultural seeds for
seeding purposes, unless each container bears a label giving the
following information, in accordance with rules and regulations
prescribed under section 1592 of this title.
(1) The name of the kind or kind and variety for each agricultural
seed component present in excess of 5 per centum of the whole and the
percentage by weight of each: Provided, That (A), except with respect
to seed mixtures intended for lawn and turf purposes, if any such
component is one which the Secretary of Agriculture has determined, in
rules and regulations prescribed under section 1592 of this title, is
generally labeled as to variety, the label shall bear, in addition to
the name of the kind, either the name of such variety or the statement
''Variety Not Stated'', (B) in the case of any such component which is a
hybrid seed it shall, in addition to the above requirements, be
designated as hybrid on the label, and (C) seed mixtures intended for
lawn and turf purposes shall be designated as a mixture on the label and
each seed component shall be listed on the label in the order of
predominance;
(2) Lot number or other identification;
(3) Origin, stated in accordance with paragraph (a)(1) of this
section, of each agricultural seed present which has been designated by
the Secretary of Agriculture as one on which a knowledge of the origin
is important from the standpoint of crop production, if the origin is
known, and if each such seed is present in excess of 5 per centum. If
the origin of such agricultural seed or seeds is unknown, that fact
shall be stated;
(4) Percentage by weight of weed seeds, including noxious-weed seeds;
(5) Kinds of noxious-weed seeds and the rate of occurrence of each,
which rate shall be expressed in accordance with and shall not exceed
the rate allowed for shipment, movement, or sale of such noxious-weed
seeds by the law and regulations of the State into which the seed is
offered for transportation or transported or in accordance with the
rules and regulations of the Secretary of Agriculture, when under the
provisions of section 1561(a)(9)(A)(iii) of this title he shall
determine that weeds other than those designated by State requirements
are noxious;
(6) Percentage by weight of agricultural seeds other than those
included under paragraph (a)(1) of this section;
(7) Percentage by weight of inert matter;
(8) For each agricultural seed, in excess of 5 per centum of the
whole, stated in accordance with paragraph (a)(1) of this section, and
each kind or variety or type of agricultural seed shown in the labeling
to be present in a proportion of 5 per centum or less of the whole, (A)
percentage of germination, exclusive of hard seed, (B) percentage of
hard seed, if present, and (C) the calendar month and year the test was
completed to determine such percentages, except that, in the case of a
seed mixture, it is only necessary to state the calendar month and year
of such test for the kind or variety or type of agricultural seed
contained in such mixture which has the oldest calendar month and year
test date among the tests conducted on all the kinds or varieties or
types of agricultural seed contained in such mixture;
(9) Name and address of (A) the person who transports, or delivers
for transportation, said seed in interstate commerce, or (B) the person
to whom the seed is sold or shipped for resale, together with a code
designation approved by the Secretary of Agriculture under rules and
regulations prescribed under section 1592 of this title, indicating the
person who transports or delivers for transportation said seed in
interstate commerce;
(10) The year and month beyond which an inoculant, if shown in the
labeling, is no longer claimed to be effective.
(b) Any vegetable seeds, for seeding purposes, in containers, unless
each container bears a label giving the following information in
accordance with rules and regulations prescribed under section 1592 of
this title:
(1) For containers of one pound or less of seed that germinates equal
to or above the standard last established by the Secretary of
Agriculture, as provided under section 1593(c) of this title --
(A) The name of each kind and variety of seed, and if two or more
kinds or varieties are present, the percentage of each, and further,
that in the case of any such component which is a hybrid seed, it shall
be designated as hybrid on the label; and
(B) Name and address of --
(i) the person who transports, or delivers for transportation, said
seed in interstate commerce; or
(ii) the person to whom the seed is sold or shipped for resale,
together with a code designation approved by the Secretary of
Agriculture under rules and regulations prescribed under section 1592 of
this title, indicating the person who transports or delivers for
transportation said seed in interstate commerce;
(2) For containers of one pound or less of seed that germinates less
than the standard last established by the Secretary of Agriculture, as
provided under section 1593(c) of this title --
(A) The name of each kind and variety of seed, and if two or more
kinds or varieties are present, the percentage of each, and further,
that in the case of any such component which is a hybrid seed, it shall
be designated as hybrid on the label; and
(B) For each named kind and variety of seed --
(i) the percentage of germination, exclusive of hard seed;
(ii) the percentage of hard seed, if present;
(iii) the calendar month and year the test was completed to determine
such percentages;
(iv) the words ''Below Standard''; and
(C) Name and address of --
(i) the person who transports, or delivers for transportation, said
seed in interstate commerce; or
(ii) the person to whom the seed is sold or shipped for resale,
together with a code designation approved by the Secretary of
Agriculture under rules and regulations prescribed under section 1592 of
this title, indicating the person who transports or delivers for
transportation said seed in interstate commerce.
(3) For containers of more than one pound of seed --
(A) The name of each kind and variety of seed, and if two or more
kinds or varieties are present, the percentage of each and, further,
that in the case of any such component which is a hybrid seed, it shall
be designated as hybrid on the label;
(B) Lot number or other lot identification;
(C) For each named kind and variety of seed --
(i) the percentage of germination, exclusive of hard seed;
(ii) the percentage of hard seed, if present;
(iii) the calendar month and year the test was completed to determine
such percentages; and
(D) Name and address of --
(i) the person who transports, or delivers for transportation, said
seed in interstate commerce; or
(ii) the person to whom the seed is sold or shipped for resale,
together with a code designation approved by the Secretary of
Agriculture under rules and regulations prescribed under section 1592 of
this title, indicating the person who transports or delivers for
transportation said seed in interstate commerce.
(c) Any agricultural or vegetable seed unless the test to determine
the percentage of germination required by this section shall have been
completed within a five-month period, exclusive of the calendar month in
which the test was completed, immediately prior to transportation or
delivery for transportation in interstate commerce: Provided, however,
That the Secretary of Agriculture may by rules and regulations
designate: (1) a shorter period for kinds of agricultural or vegetable
seed which he finds under ordinary conditions of handling will not
maintain, during the aforesaid five-month period, a germination within
the established limits of tolerance; or (2) a longer period for any
kind of agricultural or vegetable seed which (A) is packaged in such
container materials and under such other conditions prescribed by the
Secretary of Agriculture as he finds will, during such longer period,
maintain the viability of said seed under ordinary conditions of
handling; or (B) the Secretary finds will maintain a percentage of
germination within the limits of tolerance established under this
chapter under ordinary conditions of handling.
(d) Any agricultural seeds or vegetable seeds having a false
labeling, or pertaining to which there has been a false advertisement,
or to sell or offer for sale such seed for interstate shipment by
himself or others.
(e) Seed which is required to be stained under the provisions of this
chapter and the regulations made and promulgated thereunder, and is not
so stained.
(f) Seed which has been stained to resemble seed stained in
accordance with the provisions of this chapter and the regulations made
and promulgated thereunder.
(g) Seed which is a mixture of seeds which are required to be stained
or which are stained with different colors under the provisions of this
chapter and of the regulations made and promulgated thereunder, or which
is a mixture of any seed required to be stained under the provisions of
this chapter and of the regulations made and promulgated thereunder,
with seed of the same kind produced in the United States.
(h) Screenings of any seed subject to this chapter, unless they are
not intended for seeding purposes; and it is stated on the label, if in
containers, or on the invoice if in bulk, that they are intended for
cleaning, processing, or manufacturing purposes, and not for seeding
purposes.
(i) Any agricultural seeds or any mixture thereof or any vegetable
seeds or any mixture thereof, for seeding purposes, that have been
treated, unless each container thereof bears a label giving the
following information and statements in accordance with rules and
regulations prescribed under section 1592 of this title:
(1) A word or statement indicating that the seeds have been treated;
(2) The commonly accepted coined, chemical (generic), or abbreviated
chemical name of any substance used in such treatment;
(3) If the substance used in such treatment in the amount remaining
with the seeds is harmful to humans or other vertebrate animals, an
appropriate caution statement approved by the Secretary of Agriculture
as adequate for the protection of the public, such as ''Do not use for
food or feed or oil purposes'': Provided, That the caution statement
for mercurials and similarly toxic substances, as defined in said rules
and regulations, shall be a representation of a skull and crossbones and
a statement such as ''This seed has been treated with POISON'', in red
letters on a background of distinctly contrasting color; and
(4) A description, approved by the Secretary of Agriculture as
adequate for the protection of the public, of any process used in such
treatment.
(Aug. 9, 1939, ch. 615, title II, 201, 53 Stat. 1279; Aug. 1, 1958,
Pub. L. 85-581, 5-8, 72 Stat. 476; Oct. 15, 1966, Pub. L. 89-686, 4-10,
80 Stat. 975-977; Jan. 8, 1983, Pub. L. 97-439, 2-4, 96 Stat. 2287.)
1983 -- Subsec. (a). Pub. L. 97-439, 2(a), struck out '', except as
provided in paragraph (j) of this section for seed mixtures intended for
lawn and turf purposes,'' after ''following information'' in provisions
preceding par. (1).
Subsec. (a)(1)(A). Pub. L. 97-439, 2(b)(1), inserted ''(A), except
with respect to seed mixtures intended for lawn and turf purposes,''
after ''Provided, That''.
Subsec. (a)(1)(B). Pub. L. 97-439, 2(b)(2), substituted '', (B)'' for
'': And provided further, That''.
Subsec. (a)(1)(C). Pub. L. 97-439, 2(b)(3), added cl. (C).
Subsec. (a)(8). Pub. L. 97-439, 3, inserted exception relating to the
case of a seed mixture.
Subsec. (c)(1). Pub. L. 97-439, 4(1), substituted ''(1)'' for
''(a)''.
Subsec. (c)(2). Pub. L. 97-439, 4(2), substituted ''(2)'' for
''(b)''.
Subsec. (c)(2)(A). Pub. L. 97-439, 4(3), inserted ''(A)'' after
''vegetable seed which''.
Subsec. (c)(2)(B). Pub. L. 97-439, 4(4), added cl. (B).
Subsec. (j). Pub. L. 97-439, 2(c), struck out subsec. (j) which
directed that seed mixtures intended for lawn and turf purposes be
transported or delivered for transport in interstate commerce in
containers of fifty pounds or less, and specified the information to be
placed on the label.
1966 -- Subsec. (a). Pub. L. 89-686, 4, inserted in introductory
text, '', except as provided in subsection (j) of this section for seed
mixtures intended for lawn and turf purposes,''.
Subsec. (a)(1). Pub. L. 89-686, 5, amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''The name of (A) kind,
or (B) kind and variety, or (C) kind and type, for each agricultural
seed component present in excess of 5 per centum of the whole and the
percentage by weight of each: Provided, That such components are
expressed in accordance with the category designated under (A), (B), or
(C);''.
Subsec. (a)(10). Pub. L. 89-686, 6, added par. (10).
Subsec. (b). Pub. L. 89-686, 7, substituted provisions respecting
labeling requirements for containers of one pound or less of seed that
germinates equal to or above the standard last established by the
Secretary of Agriculture in par. (1), containers of one pound or less
of seed that germinates less than the standard last established by the
Secretary in par. (2), and containers of more than one pound of seed in
par. (3), for former labeling requirements which prescribed in par.
(1) name of each kind and variety of seed and if two or more kinds or
varieties are present, the percentage of each, in par. (2) for each
variety of vegetable seed which germinates less than the standard last
established by the Secretary of Agriculture, as provided under section
1593(c) of this title, the percentage of germination, exclusive of hard
seed; (ii) percentage of hard seed, if present; (iii) the calendar
month and year the test was completed to determine such percentages;
(iv) the words ''Below Standard''; and in par. (3), name and address of
--
(A) the person who transports, or delivers for transportation, said
seed in interstate commerce; or
(B) the person to whom the seed is sold or shipped for resale,
together with a code designation approved by the Secretary of
Agriculture under rules and regulations prescribed under section 1592 of
this title, indicating the person who transports or delivers for
transportation said seed in interstate commerce.
Subsec. (c). Pub. L. 89-686, 8, substituted in cl. (b) ''a longer
period for any kind of agricultural or vegetable seed which is packaged
in such container materials and under such other conditions prescribed
by the Secretary of Agriculture as he finds will, during such longer
period, maintain the viability of said seed under ordinary conditions of
handling'' for ''a longer period not to exceed nine months, exclusive of
the calendar month in which the test was completed, for kinds of
agricultural or vegetable seed which he finds under ordinary conditions
of handling will maintain during such longer period a germination within
the established limits of tolerance''.
Subsec. (i)(4). Pub. L. 89-686, 9, transposed ''of any process used
in such treatment'' which followed ''description'' to end of sentence,
inserting a comma preceding such phrase.
Subsec. (j). Pub. L. 89-686, 10, added subsec. (j).
1958 -- Subsec. (a)(8). Pub. L. 85-581, 5, inserted ''and each kind
or variety or type of agricultural seed shown in the labeling to be
present in a proportion of 5 per centum or less of the whole''.
Subsec. (b)(1). Pub. L. 85-581, 6, required label on container to
show percentage where two or more varieties of seed are present.
Subsec. (b)(2). Pub. L. 85-581, 7, substituted ''For each variety of
vegetable seed'' for ''For seeds''.
Subsec. (i). Pub. L. 85-581, 8, added subsec. (i).
See section 1610 of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
07 USC 1572. Records
TITLE 7 -- AGRICULTURE
All persons transporting, or delivering for transportation, in
interstate commerce, agricultural seeds shall keep for a period of three
years a complete record of origin, treatment, germination, and purity of
each lot of such agricultural seeds, and all persons transporting, or
delivering for transportation, in interstate commerce, vegetable seeds
shall keep for a period of three years a complete record of treatment,
germination and variety of such vegetable seeds. The Secretary of
Agriculture, or his duly authorized agents, shall have the right to
inspect such records for the purpose of the effective administration of
this chapter.
(Aug. 9, 1939, ch. 615, title II, 202, 53 Stat. 1281; Aug. 1, 1958,
Pub. L. 85-581, 9, 72 Stat. 477; Oct. 15, 1966, Pub. L. 89-686, 11, 80
Stat. 978.)
1966 -- Pub. L. 89-686 required record of treatment of agricultural
and vegetable seeds.
1958 -- Pub. L. 85-581 required keeping of records of vegetable
seeds.
See section 1610 of this title.
07 USC 1573. Exemptions
TITLE 7 -- AGRICULTURE
(a) Carrier transporting seeds
The provisions of sections 1571 and 1572 of this title shall not
apply to any carrier in respect to any seed transported or delivered for
transportation in the ordinary course of its business as a carrier:
Provided, That such carrier is not engaged in processing or
merchandising seed subject to the provisions of this chapter; and such
provisions shall not apply to seeds produced by any farmer on his own
premises and sold by him directly to the consumer, provided such farmer
is not engaged in the business of selling seeds not produced by him:
And provided further, That such seeds produced or sold by him when
transported or offered for transportation to any State, Territory, or
District, shall not be exempted from the provisions of sections 1571 and
1572 of this title unless said seeds shall be in compliance with the
operation and effect of the laws of such State, Territory, or District,
enacted in the exercise of its police power, to the same extent and in
the same manner as though such seed had been produced, sold, offered or
exposed for sale in such State, Territory, or District, and shall not be
exempted therefrom by reason of being introduced therein in original
packages or otherwise: And provided further, That such seeds produced
or sold by him are in compliance with the seed laws of the State into
which the seed is transported.
(b) Seeds not for seeding purposes
The provisions of section 1571(a), (b), or (i) of this title shall
not apply --
(1) to seed or grain not intended for seeding purposes when
transported or offered for transportation in ordinary channels of
commerce usual for such seed or grain intended for manufacture or for
feeding; or
(2) to seed intended for seeding purposes when transported or offered
for transportation in interstate commerce --
(A) if in bulk, in which case, however, the invoice or other records
accompanying and pertaining to such seed shall bear the various
statements required for the respective seeds under section 1571(a), (b),
and (i) of this title; or
(B) if in containers and in quantities of twenty thousand pounds or
more: Provided, That (i) the omission from each container of the
information required under section 1571(a), (b), and (i) of this title
is with the knowledge and consent of the consignee prior to the
transportation or delivery for transportation of such seed in interstate
commerce, (ii) each container shall have stenciled upon it or bear a
label containing a lot designation, and (iii) the invoice or other
records accompanying and pertaining to such seed shall bear the various
statements required for the respective seeds under section 1571(a), (b),
and (i) of this title; or
(C) if consigned to a seed cleaning or processing establishment, to
be cleaned or processed for seeding purposes: Provided, That (i) this
fact is so stated in the invoice or other records accompanying and
pertaining to such seed if the seed is in bulk or if the seed is in
containers and in quantities of twenty thousand pounds or more, (ii)
this fact is so stated on attached labels if the seed is in containers
and in quantities less than twenty thousand pounds, and (iii) any such
seed later to be labeled as to origin and/or variety shall be labeled as
to origin and/or variety in accordance with rules and regulations
prescribed under section 1592 of this title.
(c) Emergency preventing presentation of information
When the Secretary of Agriculture finds that, because of the time
interval between seed harvesting and sowing, or because of an emergency
beyond human control, the information required by this chapter as to the
germination, and hard seed of certain kinds of seeds, cannot be given
prior to transportation or delivery for transportation in interstate
commerce, he may promulgate, with or without a hearing, rules and
regulations providing that the provisions of section 1571(a) and (b) of
this title as to the required labeling for germination and hard seed
shall not apply for such period and to such kinds of seed as he may
specify in his said rules and regulations.
(d) Intermixture of unidentified seeds; percentages of kind or kind
and variety of seeds
The provisions of sections 1571(a) and (b) of this title relative to
the labeling of agricultural and vegetable seeds with the percentages of
the kind or kind and variety of seeds shall not be deemed violated if
there are seeds in the container or bulk which could not be, or were
not, identified because of their indistinguishability in appearance from
the seeds intended to be transported or delivered for transportation in
interstate commerce: Provided, That the records of the person charged
with the duty under said section of labeling or invoicing the seeds,
kept in accordance with the rules and regulations of the Secretary of
Agriculture, together with other pertinent facts, disclose that said
person has taken reasonable precautions to insure the identity of the
seeds to be that stated.
(e) Name of substance used in treatment of seeds
The provisions of section 1571(i) of this title relative to the
labeling of agricultural and vegetable seeds with the name of any
substance used in the treatment of seeds shall not be deemed violated if
the substance or substances used in such treatment could not be or were
not identified because of their indistinguishability from the substance
or substances intended to be used in the treatment of the seeds:
Provided, That the records of the person charged with the duty under
said section of labeling or invoicing the seeds, kept in accordance with
the rules and regulations of the Secretary of Agriculture, together with
other pertinent facts, disclosed that said person has taken reasonable
precautions to insure the identity of the substance or substances to be
as stated.
(Aug. 9, 1939, ch. 615, title II, 203, 53 Stat. 1281; Aug. 1, 1958,
Pub. L. 85-581, 10, 72 Stat. 477; Oct. 15, 1966, Pub. L. 89-686, 12, 80
Stat. 978.)
1966 -- Subsec. (d). Pub. L. 89-686, 12(a), substituted ''the kind
or kind and variety of seeds'', ''if there are seeds'', '': Provided,
That'', and ''reasonable precautions to insure the identity of the seed
to be that stated'' for ''the kind or variety or type of seeds'', ''if
there be other seeds'', '', provided that'', and ''proper precautions to
insure the identity to be that stated'', respectively.
Subsec. (e). Pub. L. 89-686, 12(b), added subsec. (e).
1958 -- Subsec. (b). Pub. L. 85-581 inserted references to section
1571(i) of this title and eased labeling requirements with respect to
shipment of seed in containers and in quantities of twenty thousand
pounds or more.
See section 1610 of this title.
07 USC 1574. Disclaimers, limited warranties and nonwarranties
TITLE 7 -- AGRICULTURE
The use of a disclaimer, limited warranty, or nonwarranty clause in
any invoice, advertising, labeling, or written, printed, or graphic
matter, pertaining to any seed shall not constitute a defense, or be
used as a defense in any way, in any prosecution or other proceeding
brought under the provisions of this chapter, or the rules and
regulations made and promulgated thereunder. Nothing in this section is
intended to preclude the use of a disclaimer, limited warranty, or
nonwarranty clause as a defense in any proceeding not brought under this
chapter.
(Aug. 9, 1939, ch. 615, title II, 204, 53 Stat. 1282; July 9, 1956,
ch. 520, 2, 70 Stat. 508; Aug. 1, 1958, Pub. L. 85-581, 11, 72 Stat.
478.)
1958 -- Pub. L. 85-581 precluded use of limited warranty clause as
defense in prosecution or other proceeding brought under provisions of
this chapter and stated that use of enumerated clauses as defenses in
proceedings not brought under this chapter is not barred.
1956 -- Act July 9, 1956, substituted ''or other proceeding'' for '',
or in any proceeding for confiscation of seeds,''.
Amendments made by act July 9, 1956, applicable only with respect to
violations occurring after July 9, 1956, see note set out under section
1596 of this title.
See section 1610 of this title.
07 USC 1575. False advertising
TITLE 7 -- AGRICULTURE
It shall be unlawful for any person to disseminate, or cause to be
disseminated, any false advertisement concerning seed, by the United
States mails, or in interstate or foreign commerce, in any manner or by
any means, including radio broadcasts: Provided, however, That no
person, advertising agency, or medium for the dissemination of
advertising, except the person who transported, delivered for
transportation, sold, or offered for sale seed to which the false
advertisement relates, shall be liable under this section by reason of
disseminating or causing to be disseminated any false advertisement,
unless he or it has refused, on the request of the Secretary of
Agriculture, to furnish the Secretary the name and post-office address
of the person, or advertising agency, residing in the United States, who
caused, directly or indirectly, the dissemination of such advertisement.
(Aug. 9, 1939, ch. 615, title II, 205, 53 Stat. 1282.)
See section 1610 of this title.
07 USC SUBCHAPTER III -- FOREIGN COMMERCE
TITLE 7 -- AGRICULTURE
07 USC 1581. Prohibitions relating to importations
TITLE 7 -- AGRICULTURE
(a) /1/ The importation into the United States is prohibited of --
(1) any agricultural or vegetable seeds if any such seed contains
noxious-weed seeds, or is required to be stained and is not so stained,
under the terms of this subchapter, or the labeling of which is false or
misleading in any respect;
(2) screenings of any seeds subject to this subchapter (except that
this shall not apply to screenings of wheat, oats, rye, barley,
buckwheat, field corn, sorghum, broomcorn, flax, millet, proso,
soybeans, cowpeas, field peas, or field beans, which are not imported
for seeding purposes and are declared for cleaning, processing, or
manufacturing purposes, and not for seeding purposes);
(3) any seed containing 10 per centum or more of the seeds of alfalfa
or red clover, which has been stained prior to being offered for entry
in a manner that does not permit compliance with the provisions of this
subchapter and the regulations made and promulgated thereunder.
(4) any seed containing 10 per centum or more of any agricultural or
vegetable seeds, unless the invoice pertaining to such seed and any
other labeling of such seed bear a lot identification and the name of
each kind and variety of vegetable seed present in any amount and each
kind or kind and variety of agricultural seed present in excess of 5 per
centum of the whole, and unless in the case of hybrid seed present in
excess of 5 per centum of the whole it is designated as hybrid.
(5) any agricultural seeds or any mixture thereof, or any vegetable
seeds or any mixture thereof, for seeding purposes, that have been
treated, unless each container thereof bears a label giving the
following information and statements in accordance with rules and
regulations prescribed under section 1592 of this title:
(A) A word or statement indicating that the seeds have been treated;
(B) The commonly accepted coined, chemical (generic), or abbreviated
chemical name of any substance used in such treatment;
(C) If the substance used in such treatment in the amount remaining
with the seeds is harmful to humans or other vertebrate animals, an
appropriate caution statement approved by the Secretary of Agriculture
as adequate for the protection of the public, such as ''Do not use for
food or feed or oil purposes''; Provided, That the caution statement
for mercurials and similarly toxic substances, as defined in said rules
and regulations, shall be a representation of a skull and crossbones and
a statement such as ''This seed has been treated with POISON'', in red
letters on a background of distinctly contrasting color; and
(D) A description, approved by the Secretary of Agriculture as
adequate for the protection of the public, of any process used in such
treatment.
(Aug. 9, 1939, ch. 615, title III, 301, 53 Stat. 1282; Aug. 1, 1958,
Pub. L. 85-581, 12, 72 Stat. 478; Oct. 15, 1966, Pub. L. 89-686, 13,
14, 80 Stat. 978; Jan. 8, 1983, Pub. L. 97-439, 5(b)( 1), 96 Stat.
2288.)
1983 -- Subsec. (a)(1). Pub. L. 97-439 substituted ''any
agricultural or vegetable seeds if any such seed contains noxious weed
seeds'' for ''any seed containing 10 per centum or more of any
agricultural or vegetable seeds if any such seed is adulturated or unfit
for seeding purposes''.
1966 -- Subsec. (a)(4). Pub. L. 89-686, 13, prohibited importation
of any seed containing 10 per centum or more of any agricultural seeds
and prescribed as additional prerequisites to importation a lot
identification for the invoice and any other labeling, the kind and
variety of seed present in any amount, each kind or kind and variety of
seed present in excess of 5 per centum of the whole, and hybrid
designation in case of hybrid seed present in excess of 5 per centum of
the whole.
Subsec. (a)(5). Pub. L. 89-686, 14, added par. (5).
1958 -- Subsec. (a)(4). Pub. L. 85-581 added par. (4).
See section 1610 of this title.
/1/ So in original. Section enacted without a subsec. (b).
07 USC 1582. Procedure relating to importations; disposal of refuse;
exceptions
TITLE 7 -- AGRICULTURE
(a) The Secretary of the Treasury shall deliver to the Secretary of
Agriculture, subject to joint rules and regulations prescribed under
section 1592 of this title, samples of seed and screenings which are
being imported into the United States, or offered for import, giving
notice thereof to the owner or consignee, and if it appears from the
examination of such samples that any seed or screenings offered to be
imported into the United States are subject to the provisions of this
subchapter and do not comply with the provisions of this subchapter, or
if the labeling of such seed is false or misleading in any respect, such
seed or screenings shall be refused admission, and the Secretary of the
Treasury shall refuse delivery to the owner or consignee, who may
appear, however, before the Secretary of Agriculture and show cause why
the seed or screenings should be admitted. Seed or screenings refused
admission and not exported by the owner or consignee within twelve
months from the date of notice of such refusal shall be destroyed in
accordance with joint rules and regulations prescribed under section
1592 of this title: Provided, That the Secretary of the Treasury may
authorize the delivery of seed or screenings which are being imported or
offered for import to the owner or consignee thereof, pending decision
as to the admission of such seed or screenings and for staining,
cleaning, labeling, or other reconditioning if required to bring such
seed or screenings into compliance with the provisions of this chapter,
upon the execution by such owner or consignee of a good and sufficient
bond conditioned upon redelivery of the seed or screenings upon demand
unless redelivery is waived because the seed is reconditioned to bring
it into compliance with this chapter or is destroyed under Government
supervision under this chapter, and providing for the payment of such
liquidated damages in the event of default as may be required pursuant
to regulations of the Secretary of the Treasury: And provided further,
That all expenses incurred by the United States (including travel, per
diem or subsistence, and salaries of officers or employees of the United
States) in connection with the supervision of staining, cleaning,
labeling, other reconditioning, or destruction, of seed or screenings
under this subchapter shall be reimbursed to the United States by the
owner or consignee of the seed or screenings, and such reimbursements
shall be recredited to the appropriation from which the expenses were
paid, the amount of such expenses to be determined in accordance with
joint regulations under section 1592 of this title, and all expenses in
connection with the storage, cartage, and labor on the seed or
screenings which are refused admission or delivery, shall be paid by the
owner or consignee, and in default of such payment shall constitute a
lien against future importations made by such owner or consignee.
(b) The refuse from any seeds or screenings which are allowed to be
cleaned under bond shall be destroyed in accordance with joint rules and
regulations prescribed under section 1592 of this title.
(c) The provisions of this subchapter shall not apply --
(1) when seed is shipped in bond through the United States, or
(2) when the Secretary of Agriculture finds that a substantial
proportion of the importations of any kind of seed is used for other
than seeding purposes, and he provides by rules and regulations that
seed of such kind not imported for seeding purposes shall be exempted
from the provisions of the chapter: Provided, That importations of such
kinds of seed shall be accompanied by a declaration setting forth the
use for which imported when and as required under joint rules and
regulations prescribed under section 1592 of this title.
(d) The provisions of this subchapter prohibiting the importation of
seed shall not apply --
(1) when seed grown in the United States is returned from a foreign
country without having been admitted into the commerce of any foreign
country: Provided, That there is satisfactory proof as provided for in
the joint rules and regulations prescribed under section 1592 of this
title, that the seed was grown in the United States and was not admitted
into the commerce of a foreign country and was not commingled with other
seed, or
(2) when seed is imported for sowing for experimental or breeding
purposes and not for sale: Provided, That declarations are filed, and
importations are limited in quantity, as provided for in the rules and
regulations prescribed under section 1592 of this title, to assure that
the importations are for experimental or breeding purposes.
(e) The provisions of this subchapter requiring certain seeds to be
stained shall not apply --
(1) to alfalfa or clover seed originating in Canada, or
(2) when seeds otherwise required to be stained will not be sold
within the United States and will be used for seed production only by or
for the importer or consignee and the importer of record or consignee
files a statement in accordance with the rules and regulations
prescribed under section 1592 of this title certifying that such seeds
will be used only for seed production by or for the importer or
consignee.
(Aug. 9, 1939, ch. 615, title III, 302, 53 Stat. 1283; Aug. 1, 1958,
Pub. L. 85-581, 13, 14, 72 Stat. 478, 479; Oct. 15, 1966, Pub. L.
89-686, 15-17, 80 Stat. 979; Jan. 8, 1983, Pub. L. 97-439, 5(b)( 2),
(3), 96 Stat. 2288; Sept. 28, 1988, Pub. L. 100-449, title III, 301(e),
102 Stat. 1868.)
1988 -- Pub. L. 100-449 amended subsec. (e) generally. Prior to
amendment, subsec. (e) read as follows: ''The provisions of this
subchapter requiring certain seeds to be stained shall not apply when
such seed will not be sold within the United States and will be used for
seed production only by or for the importer or consignee: Provided,
That the importer of record or consignee files a statement in accordance
with the rules and regulations prescribed under section 1592 of this
title certifying that such seed will be used only for seed production by
or for the importer or consignee.''
1983 -- Subsec. (a). Pub. L. 97-439, 5(b)(2), struck out provision
that Secretary may apply statistical sampling and inspection techniques
to samples and screenings to determine whether pure-live seed
requirement of any kind of seed was being met, in event of which he was
to advise importer of each lot of seed not examined for pure-live seed
percentage.
Subsec. (d). Pub. L. 97-439, 5(b)(3)(A), struck out ''that is
adulterated or unfit for seeding purposes'' after ''importation of
seed'' in provisions preceding par. (1).
Subsec. (d)(3). Pub. L. 97-439, 5(b)(3)(B), struck out cl. (3) which
described the situation when seed not meeting the pure-live seed
requirements of section 1584 of this title would not be sold within the
United States and would be used for seed production only by or for the
importer or consignee, providing that the importer of record or
consignee filed a statement in accordance with the rules and regulations
prescribed under section 1592 of this title certifying that such seed
would be used only for seed production by or for the importer or
consignee.
1966 -- Subsec. (a). Pub. L. 89-686, 15, authorized Secretary of
Agriculture to apply statistical sampling and inspection techniques to
samples and screenings to determine whether the pure-live seed
requirement of any kind of seed is being met and to advise importer of
each lot of seed not examined for pure-live seed percentage.
Subsec. (d)(3). Pub. L. 89-686, 16, added par. (3).
Subsec. (e). Pub. L. 89-686, 17, added subsec. (e).
1958 -- Subsec. (a). Pub. L. 85-851, 13, inserted ''owner or''
before ''consignee'' wherever appearing, except in the two provisos,
changed first proviso to bring its wording in line with practices
generally followed with other commodities illegally placed into
consumption, and provided in second proviso for reimbursement of all
costs to the Federal Government incident to supervision required under
this chapter.
Subsec. (d). Pub. L. 85-581, 14, added subsec. (d).
Amendment by Pub. L. 100-449 effective on the date the United
States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and
to cease to have effect on the date the Agreement ceases to be in force,
see section 501(a), (c), of Pub. L. 100-449, set out in a note under
section 2112 of Title 19, Customs Duties.
See section 1610 of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
07 USC 1583, 1584. Repealed. Pub. L. 97-439, 5(b)(4), Jan. 8, 1983, 96
Stat. 2288
TITLE 7 -- AGRICULTURE
Section 1583, act Aug. 9, 1939, ch. 615, title III, 303, 53 Stat.
1283, related to adulterated seed.
Section 1584, acts Aug. 9, 1939, ch. 615, title III, 304, 53 Stat.
1284; Oct. 15, 1966, Pub. L. 89-686, 18, 80 Stat. 979, related to
seed unfit for seeding purposes.
07 USC 1585. Certain seeds required to be stained
TITLE 7 -- AGRICULTURE
(a) Any seed containing 10 per centum or more of the seeds of alfalfa
and/or red clover, subject to the provisions of section 1581 of this
title, shall be stained in such manner and to such extent as the
Secretary of Agriculture by regulation may prescribe and, when
practicable, the color produced by such stain shall indicate the country
or region of origin.
(b) Whenever the Secretary of Agriculture, after public hearing,
determines that seed of alfalfa or red clover from any foreign country
or region is not adapted for general agricultural use in the United
States, he shall publish such determination. On and after the
expiration of ninety days after the date of such publication, and until
such determination is revoked, 10 per centum or more of the seeds in
each container of such alfalfa or red clover seed, or any seed
containing 10 per centum or more of such alfalfa or red clover seed,
shall be stained a red color, in accordance with such regulations as the
Secretary of Agriculture may prescribe.
(c) Whenever the origin of the seed of alfalfa or of red clover
present in excess of 10 per centum in any seed subject to section 1581
of this title is unestablished, 10 per centum of the seed in each
container shall be stained a red color.
(d) Whenever the seeds of alfalfa or of red clover of different
origins are present in excess of 10 per centum in any seed subject to
section 1581 of this title, and different colors are required by reason
of such different origins, 10 per centum of the seed in each container
shall be stained red.
(e) Whenever any seed required to be stained under the provisions of
this chapter is commingled with seed of the same kind grown in the
United States, the seed in each container thereof shall be stained 10
per centum red.
(Aug. 9, 1939, ch. 615, title III, 303, formerly 305, 53 Stat. 1284,
redesignated Jan. 8, 1983, Pub. L. 97-439, 5(b)(4), 96 Stat. 2288.)
See section 1610 of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
07 USC 1586. Certain acts prohibited
TITLE 7 -- AGRICULTURE
It shall be unlawful for any person --
(a) To sell or offer for sale --
(1) any seed for seeding purposes if imported under this subchapter
for other than seeding purposes;
(2) any screenings of any seeds for seeding purposes if imported
under this subchapter for other than seeding purposes;
(3) any seed which is prohibited entry under the provisions of this
chapter;
(4) any seed which has been stained to resemble seed stained in
accordance with the provisions of this chapter and the rules and
regulations made and promulgated thereunder;
(5) any seed stained under the provisions of this chapter and the
rules and regulations made and promulgated thereunder, when mixed with
seed of the same kind produced in the United States;
(6) any seed stained with different colors;
(7) any seed stained under the provisions of this chapter, the
labeling of which states that such seed is adapted.
(b) To change the proportion of seeds stained under the provisions of
this chapter and the rules and regulations made and promulgated
thereunder or to alter, modify, conceal, or remove in any manner or by
any means the color of such stained seeds.
(c) To make any false or misleading representation with respect to
any seed subject to this subchapter being imported into the United
States or offered for import: Provided, That this subsection shall not
be deemed violated by any person if the false or misleading
representation is the name of a variety indistinguishable in appearance
from the seed being imported or offered for import and the records and
other pertinent facts reveal that such person relied in good faith upon
representations with respect to the name of the indistinguishable
variety made by the shipper of the seed.
(Aug. 9, 1939, ch. 615, title III, 304, formerly 306, 53 Stat. 1285;
Aug. 1, 1958, Pub. L. 85-581, 15, 72 Stat. 479, redesignated Jan. 8,
1983, Pub. L. 97-439, 5(b)(4), 96 Stat. 2288.)
1958 -- Subsec. (c). Pub. L. 85-581 added subsec. (c).
See section 1610 of this title.
07 USC SUBCHAPTER IV -- GENERAL PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 1591. Delegation of duties
TITLE 7 -- AGRICULTURE
Any duties devolving upon the Secretary of Agriculture by virtue of
the provisions of this chapter may with like force and effect be
executed by such officer or officers, agent or agents, of the Department
of Agriculture as the Secretary may designate for the purpose.
(Aug. 9, 1939, ch. 615, title IV, 401, 53 Stat. 1285.)
See section 1610 of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
07 USC 1592. Rules and regulations
TITLE 7 -- AGRICULTURE
(a) The Secretary of Agriculture shall make such rules and
regulations as he may deem necessary for the effective enforcement of
this chapter, except as otherwise provided in this section.
(b) The Secretary of the Treasury and the Secretary of Agriculture
shall make, jointly or severally such rules and regulations as they may
deem necessary for the effective enforcement of subchapter III of this
chapter.
(c) Prior to the promulgation of any rule or regulation under this
chapter, due notice shall be given by publication in the Federal
Register of intention to promulgate and the time and place of a public
hearing to be held with reference thereto, and no rule or regulation may
be promulgated until after such hearing. Any rule or regulation shall
become effective on the date fixed in the promulgation, which date shall
be not less than thirty days after publication in the Federal Register
and may be amended or revoked in the manner provided for its
promulgation.
(Aug. 9, 1939, ch. 615, title IV, 402, 53 Stat. 1285.)
See section 1610 of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
07 USC 1593. Standards, tests, tolerances
TITLE 7 -- AGRICULTURE
(a) The samplings, analyses, tests, or examinations of seeds made in
connection with the administration of this chapter shall be made by
methods set forth by rules and regulations prescribed under section 1592
of this title.
(b) The Secretary of Agriculture is authorized and directed to make
and promulgate by rules and regulations, reasonable tolerances as to the
percentages and rates of occurrence required to be stated or required by
this chapter.
(c) For the purpose of section 1571(b) of this title, the Secretary
of Agriculture is authorized and directed to investigate, determine,
establish, and promulgate from time to time such reasonable standards of
germination for each kind of vegetable seed as will in his judgment best
protect crop production.
(Aug. 9, 1939, ch. 615, title IV, 403, 53 Stat. 1285.)
See section 1610 of this title.
Delegation of regulatory functions of Secretary of Agriculture, see
section 450c et seq. of this title.
07 USC 1593a. Seed variety information and survey
TITLE 7 -- AGRICULTURE
(a) Information
(1) In general
Grain submitted for public testing shall be evaluated for selected
specific agronomic performance characteristics and intrinsic end-use
performance characteristics, as determined by the Secretary, with the
results of the evaluations made available to the Secretary.
(2) Dissemination of information
The Secretary shall disseminate varietal performance information
obtained under paragraph (1) to plant breeders, producers, and end
users.
(b) Survey
The Secretary shall periodically conduct, compile, and publish a
survey of grain varieties commercially produced in the United States.
(c) Analysis of variety survey data
The Secretary shall analyze the variety surveys conducted under
subsection (b) of this section in conjunction with available applied
research information on intrinsic quality characteristics of the
varieties, to evaluate general intrinsic crop quality characteristics
and trends in production related to intrinsic quality characteristics.
This information shall be disseminated as required by subsection (a)(2)
of this section.
(Pub. L. 101-624, title XX, 2013, Nov. 28, 1990, 104 Stat. 3933.)
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 Federal Seed Act which comprises
this chapter.
07 USC 1594. Prohibition against alterations
TITLE 7 -- AGRICULTURE
No person shall detach, alter, deface, or destroy any label provided
for in this chapter or the rules and regulations made and promulgated
thereunder by the Secretary of Agriculture, or alter or substitute seed
in a manner that may defeat the purpose of this chapter.
(Aug. 9, 1939, ch. 615, title IV, 404, 53 Stat. 1286.)
See section 1610 of this title.
07 USC 1595. Seizure
TITLE 7 -- AGRICULTURE
(a) Any seed sold, delivered for transportation in interstate
commerce, or transported in interstate or foreign commerce in violation
of any of the provisions of this chapter shall, at the time of such
violation or at any time thereafter, be liable to be proceeded against
on libel of information and condemned in any district court of the
United States within the jurisdiction of which the seed is found.
(b) If seed is condemned by a decree of the court as being in
violation of the provisions of this chapter, it may be disposed of by
the court by --
(1) sale; or
(2) delivery to the owner thereof after he has appeared as claimant
and paid the court costs and fees and storage and other proper expenses
and executed and delivered a bond with good and sufficient sureties that
such seed will not be sold or disposed of in any jurisdiction contrary
to the provisions of this chapter and the rules and regulations made and
promulgated thereunder, or the laws of such jurisdiction; or
(3) destruction.
(c) If such seed is disposed of by sale, the proceeds of the sale,
less the court costs and fees and storage and other proper expenses,
shall be paid into the Treasury as miscellaneous receipts, but such seed
shall not be sold or disposed of in any jurisdiction contrary to the
provisions of this chapter and the rules and regulations made and
promulgated thereunder, or the laws of such jurisdiction.
(d) The proceedings in such libel cases shall conform, as nearly as
may be, to the proceedings in admiralty, except that either party may
demand trial by jury of any issue of fact joined in any such case; and
such proceedings shall be at the suit of and in the name of the United
States.
(Aug. 9, 1939, ch. 615, title IV, 405, 53 Stat. 1286.)
See section 1610 of this title
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
Proceedings for forfeitures and seizures, see section 2461 of Title
28, Judiciary and Judicial Procedure.
United States as plaintiff, jurisdiction of district courts, see
section 1345 of Title 28.
07 USC 1596. Penalties
TITLE 7 -- AGRICULTURE
(a) Any person who knowingly, or as a result either of gross
negligence or of a failure to make a reasonable effort to inform himself
of the pertinent facts, violates any provision of this chapter or the
rules and regulations made and promulgated thereunder shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall pay a fine
of not more than $1,000, for the first offense, and upon conviction for
each subsequent offense not more than $2,000.
(b) Any person who violates any provision of this chapter or the
rules and regulations made and promulgated thereunder shall forfeit to
the United States a sum, not less than $25 or more than $500, for each
such violation, which forfeiture shall be recoverable in a civil suit
brought in the name of the United States.
(Aug. 9, 1939, ch. 615, title IV, 406, 53 Stat. 1286; July 9, 1956,
ch. 520, 1, 70 Stat. 508.)
1956 -- Act July 9, 1956, designated existing provisions as subsec.
(a), inserted ''knowingly or as a result either of gross negligence or
of a failure to make a reasonable effort to inform himself of the
pertinent facts,'' and added subsec. (b).
Section 4 of act July 9, 1956, provided that: ''The amendments made
by this Act (amending sections 1574, 1596, and 1602 of this title) shall
be applicable only with respect to violations occurring after the
enactment of this Act (July 9, 1956).''
See section 1610 of this title.
Fines, penalties and forfeitures, see section 2461 et seq. of Title
28, Judiciary and Judicial Procedure.
United States as party generally, see section 2401 et seq. of Title
28.
United States as plaintiff, jurisdiction of district courts, see
section 1345 of Title 28.
07 USC 1597. Agent's acts as binding principal
TITLE 7 -- AGRICULTURE
When construing and enforcing the provisions of this chapter, the
act, omission, or failure of any officer, agent, or other person acting
for or employed by any person, partnership, corporation, company,
society, or association, shall in every case be also deemed to be the
act, omission, or failure of such person, partnership, corporation,
company, society, or association, as well as that of the person
employed.
(Aug. 9, 1939, ch. 615, title IV, 407, 53 Stat. 1286.)
See section 1610 of this title.
07 USC 1598. Notice of intention to prosecute
TITLE 7 -- AGRICULTURE
Before any violation of this chapter is reported by the Secretary of
Agriculture to any United States attorney for institution of a criminal
proceeding, the person against whom such proceeding is contemplated
shall be given appropriate notice and an opportunity to prevent /1/ his
views, either orally or in writing, with regard to such contemplated
proceeding.
(Aug. 9, 1939, ch. 615, title IV, 408, 53 Stat. 1286.)
See section 1610 of this title.
/1/ So in original. Probably should be ''present''.
07 USC 1599. Cease and desist proceedings
TITLE 7 -- AGRICULTURE
(a) Hearing
Whenever the Secretary of Agriculture has reason to believe that any
person has violated or is violating any of the provisions of this
chapter or the rules and regulations made and promulgated thereunder, he
shall cause a complaint in writing to be served upon the person, stating
his charges in that respect, and requiring the person to attend and
testify at a hearing at a time and place designated therein, at least
thirty days after the service of such complaint; and at such time and
place there shall be afforded the person a reasonable opportunity to be
informed as to the evidence introduced against him (including the right
of cross-examination), and to be heard in person or by counsel and
through witnesses, under such rules and regulations as the Secretary of
Agriculture may prescribe. At any time prior to the close of the
hearing the Secretary of Agriculture may amend the complaint; but in
case of any amendment adding new provisions the hearing shall, on the
request of the person, be adjourned for a period not exceeding fifteen
days.
(b) Report of Secretary of Agriculture
If, after such hearing, the Secretary of Agriculture finds that the
person has violated or is violating any provisions of the chapter or
rules and regulations covered by the charges, he shall make a report in
writing in which he shall state his findings as to the facts, and shall
issue and cause to be served on the person an order requiring such
person to cease and desist from continuing such violation. The
testimony taken at the hearing shall be reduced to writing and filed in
the records of the Department of Agriculture.
(c) Amendment of report
Until the record in such hearing has been filed in a court of appeals
as provided in section 1600 of this title, the Secretary of Agriculture
at any time, upon such notice and in such manner as he deems proper, but
only after reasonable opportunity to the person to be heard, may amend
or set aside the report or order, in whole or in part.
(d) Service
Complaints, orders, and other processes of the Secretary of
Agriculture under this section may be served by anyone duly authorized
by the Secretary of Agriculture, either (1) by delivering a copy thereof
to the person to be served, or to a member of the partnership to be
served, or to the president, secretary, or other executive officer or a
director of the corporation to be served; or (2) by leaving a copy
thereof at the principal office or place of business of such person,
partnership, or corporation; or (3) by mailing a copy thereof by
registered mail or by certified mail addressed to such person,
partnership, or corporation at his or its last known principal office or
place of business. The verified return by the person so serving said
complaint, order, or other process setting forth the manner of said
order shall be proof of the same, and the return postoffice receipt for
said complaint, order, or other process mailed by registered mail or by
certified mail as aforesaid shall be proof of the service of the same.
(Aug. 9, 1939, ch. 615, title IV, 409, 53 Stat. 1287; June 25, 1948,
ch. 646, 32(a), 62 Stat. 991; May 24, 1949, ch. 139, 127, 63 Stat. 107;
Aug. 28, 1958, Pub. L. 85-791, 24(a), 72 Stat. 949; June 11, 1960,
Pub. L. 86-507, 1(7), 74 Stat. 200.)
1960 -- Subsec. (d). Pub. L. 86-507 substituted ''mailing a copy
thereof by registered mail or by certified mail'' for ''registering and
mailing a copy thereof'' and ''mailed by registered mail or by certified
mail'' for ''registered and mailed''.
1958 -- Subsec. (c). Pub. L. 85-791 struck out ''a transcript of''
before ''the record''.
Act June 25, 1948, as amended by act May 24, 1949, substituted
''court of appeals'' for ''circuit court of appeals'' which appeared in
subsec. (c) of this section.
See section 1610 of this title.
07 USC 1600. Appeal to court of appeals
TITLE 7 -- AGRICULTURE
An order made under section 1599 of this title shall be final and
conclusive unless within thirty days after the service the person
appeals to the court of appeals for the circuit in which such person
resides or has his principal place of business by filing with the clerk
of such court a written petition praying that the Secretary's order be
set aside or modified in the manner stated in the petition, together
with a bond in such sum as the court may determine, conditioned that
such person will pay the costs of the proceedings if the court so
directs.
The clerk of the court shall immediately cause a copy of the petition
to be delivered to the Secretary, and the Secretary shall thereupon file
in the court the record in such proceedings, as provided in section 2112
of title 28. If before such record is filed, the Secretary amends or
sets aside his report or order, in whole or in part, the petitioner may
amend the petition within such time as the court may determine, on
notice to the Secretary.
At any time after such petition is filed the court, on application of
the Secretary, may issue a temporary injunction restraining, to the
extent it deems proper, the person and his officers, directors, agents,
and employees from violating any of the provisions of the order pending
the final determination of the appeal.
The evidence so taken or admitted and filed as aforesaid as a part of
the record, shall be considered by the court as the evidence in the
case.
The court may affirm, modify, or set aside the order of the
Secretary.
If the court determines that the just and proper disposition of the
case requires the taking of additional evidence, the court shall order
the hearing to be reopened for the taking of such evidence, in such
manner and upon such terms and conditions as the court may deem proper.
The Secretary may modify his findings as to the facts, or make new
findings, by reason of the additional evidence so taken, and he shall
file such modified or new findings and his recommendations, if any, for
the modification or setting aside of his order, with the return of such
additional evidence.
If the court of appeals affirms or modifies the order of the
Secretary, its decree shall operate as an injunction to restrain the
person and his officers, directors, agents, and employees from violating
the provisions of such order or such order as modified.
(Aug. 9, 1939, ch. 615, title IV, 410, 53 Stat. 1287; June 25, 1948,
ch. 646, 32(a), 62 Stat. 991; May 24, 1949, ch. 139, 127, 63 Stat. 107;
Aug. 28, 1958, Pub. L. 85-791, 24(b), 72 Stat. 949; Nov. 8, 1984,
Pub. L. 98-620, title IV, 402(7)(A), 98 Stat. 3357.)
1984 -- Pub. L. 98-620 in fourth par., struck out provisions
requiring proceedings in such cases in the court of appeals to be made a
preferred cause and expedited in every way.
1958 -- Pub. L. 85-791 substituted, in first sentence of second
par., ''thereupon file in the court the record in such proceedings as
provided in section 2112 of title 28'' for ''forthwith prepare, certify,
and file in the court a full and accurate transcript of the record in
such proceedings, including the complaint, the evidence, and the report
and order'', substituted, in second sentence of second par., ''record''
for ''transcript'', substituted in third par., ''petition'' for
''transcript'', and struck out, in fourth par., '', duly certified''
after ''admitted''.
Act June 25, 1948, as amended by act May 24, 1949, substituted
''court of appeals'' for ''circuit court of appeals'' wherever
appearing.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
See section 1610 of this title.
07 USC 1601. Enforcement of order
TITLE 7 -- AGRICULTURE
If any person against whom an order is issued under section 1599 of
this title fails to obey the order, the Secretary of Agriculture, or the
United States, by its Attorney General, may apply to the court of
appeals of the United States, within the circuit where the person
against whom the order was issued resides or has his principal place of
business, for the enforcement of the order, and shall file the record in
such proceedings, as provided in section 2112 of title 28. Upon such
filing of the application the court shall cause notice thereof to be
served upon the person against whom the order was issued. The evidence
to be considered, the procedure to be followed, and the jurisdiction of
the court shall be the same as provided in section 1600 of this title
for applications to set aside or modify orders.
(Aug. 9, 1939, ch. 615, title IV, 411, 53 Stat. 1288; June 25, 1948,
ch. 646, 32(a), 62 Stat. 991; May 24, 1949, ch. 139, 127, 63 Stat. 107;
Aug. 28, 1958, Pub. L. 85-791, 24(c), 72 Stat. 949; Nov. 8, 1984,
Pub. L. 98-620, title IV, 402(7)(B), 98 Stat. 3357.)
1984 -- Pub. L. 98-620 struck out second par. which required
proceedings in such cases to be made a preferred cause and expedited in
every way.
1958 -- Pub. L. 85-791 substituted ''file the record in such
proceedings as provided in section 2112 of title 28'' for ''certify and
file with its application a full and accurate transcript of the record
in such proceedings, including the complaint, the evidence, the report,
and the order'' in first sentence, and struck out ''and transcript''
after ''application'' in second sentence.
Act June 25, 1948, as amended by act May 24, 1948, as amended by act
May 24, 1949, substituted ''court of appeals'' for ''circuit court of
appeals'' wherever appearing in this section.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
See section 1610 of this title.
07 USC 1602. Separability of proceedings
TITLE 7 -- AGRICULTURE
The institution of any one of the proceedings provided for in
sections 1595, 1596, 1599 to 1601 of this title shall not bar
institution of any of the others, except that action shall not be
instituted under both subsections 1596(a) and (b) of this title for the
same cause of action. Nothing in this chapter shall be construed as
requiring the Secretary of Agriculture to recommend prosecution, or
institution of civil penalty proceedings, libel proceedings,
cease-and-desist proceedings, or proceedings for the enforcement of a
cease-and-desist order, for minor violations of this chapter or the
rules and regulations made and promulgated thereunder whenever he
believes that the public interest will be adequately served by suitable
written notice or warning.
(Aug. 9, 1939, ch. 615, title IV, 412, 53 Stat. 1288; July 9, 1956,
ch. 520, 3, 70 Stat. 508.)
1956 -- Act July 9, 1956, inserted references to civil penalties as
well as criminal penalties under section 1596 of this title.
Amendments made by act July 9, 1956, applicable only with respect to
violations occurring after July 9, 1956, see section 4 of act July 9,
1956, set out as a note under section 1596 of this title.
See section 1610 of this title.
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
07 USC 1603. Procedural powers; witness fees and mileage
TITLE 7 -- AGRICULTURE
(a) In carrying on the work herein authorized, the Secretary of
Agriculture, or any officer or employee designated by him for such
purpose, shall have power to hold hearings, administer oaths, sign and
issue subpenas, examine witnesses, take depositions, and require the
production of books, records, accounts, memoranda, and papers, and have
access to office and warehouse premises. Upon refusal by any person to
appear, testify, or produce pertinent books, records, accounts,
memoranda, and papers in response to a subpena, or to permit access to
premises, the proper United States district court shall have power to
compel obedience thereto.
(b) Witnesses summoned before the Secretary or any officer or
employee designated by him shall be paid the same fees and mileage that
are paid witnesses in the courts of the United States, and witnesses
whose depositions are taken and the persons taking the same shall
severally be entitled to the same fees as are paid for like service in
the courts of the United States.
(Aug. 9, 1939, ch. 615, title IV, 413, 53 Stat. 1289.)
See section 1610 of this title.
Fees of witnesses, see section 1821 et seq. of Title 28, Judiciary
and Judicial Procedure.
07 USC 1604. Publication
TITLE 7 -- AGRICULTURE
After judgment by the court, or the issuance of a cease and desist
order, in any case arising under this chapter, notice thereof shall be
given by publication in such manner as may be prescribed in the rules
and regulations made and promulgated under this chapter.
(Aug. 9, 1939, ch. 615, title IV, 414, 53 Stat. 1289.)
See section 1610 of this title.
07 USC 1605. Authorization of appropriations
TITLE 7 -- AGRICULTURE
(a) There is authorized to be appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be necessary for
administering this chapter.
(b) Funds appropriated for carrying into effect the purpose of this
chapter shall be available for allotment by the Secretary of Agriculture
to the bureaus and offices of the Department of Agriculture and for
transfer to other departments and agencies of the Government which the
Secretary of Agriculture may call upon to assist or cooperate in
carrying out such purposes or for services rendered or to be rendered in
connection therewith.
Appropriations made under this authorization, within the limit
prescribed in such appropriations, may be expended for the share of the
United States in the expense of the International Seed Testing Congress
in carrying out plans for correlating the work of the various adhering
governments on problems relating to seed analyses or other subjects
which the Congress may determine to be necessary in the interest of
international seed trade.
(Aug. 9, 1939, ch. 615, title IV, 415, 53 Stat. 1289; Sept. 21,
1944, ch. 412, title VII, 701(b), 58 Stat. 741.)
1944 -- Act Sept. 21, 1944, added last par.
See section 1610 of this title.
07 USC 1606. Authorization of expenditures
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to make such expenditures
for rent, outside of the District of Columbia, printing, binding,
telegrams, telephones, books of reference, publications, furniture,
stationery, office and laboratory equipment, travel, and other supplies,
including reporting services, such research necessary to develop methods
of processing, bulking, blending, sampling, testing, and merchandising
seeds necessary to the administration of this chapter and other
necessary expenses in the District of Columbia and elsewhere, and as may
be appropriated for by the Congress.
(Aug. 9, 1939, ch. 615, title IV, 416, 53 Stat. 1289.)
See section 1610 of this title.
07 USC 1607. Cooperation with other governmental agencies
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized to cooperate with any
other department or agency of the Federal Government; or with any
State, Territory, District, or possession, or department, agency, or
political subdivision thereof; or with any producing, trading, or
consuming organization, whether operating in one or more jurisdictions,
in carrying out the provisions of this chapter.
(Aug. 9, 1939, ch. 615, title IV, 417, 53 Stat. 1289.)
See section 1610 of this title.
07 USC 1608. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter, or the application thereof to any
person or circumstance, is held invalid, the remainder of the chapter,
and the application of such provisions to other persons or
circumstances, shall not be affected thereby.
(Aug. 9, 1939, ch. 615, title IV, 418, 53 Stat. 1290.)
See section 1610 of this title.
07 USC 1609. Repeals
TITLE 7 -- AGRICULTURE
Sections 111 to 116 of this title are repealed on the one hundred and
eightieth day after August 9, 1939: Provided, however, That the notices
with respect to imported alfalfa and red clover seed promulgated by the
Secretary of Agriculture under the authority of sections 111 to 116 of
this title, and in effect on August 9, 1939, shall remain with the same
full force and effect as if promulgated under this chapter.
(Aug. 9, 1939, ch. 615, title IV, 419, 53 Stat. 1290.)
See section 1610 of this title.
07 USC 1610. Effective date
TITLE 7 -- AGRICULTURE
This chapter shall take effect as follows: As to agricultural seeds,
and the importation of vegetable seeds, on the one hundred and eightieth
day after August 9, 1939; as to vegetable seeds in interstate commerce,
one year after August 9, 1939; and as to sections 1591 to 1593 of this
title, on August 9, 1939.
(Aug. 9, 1939, ch. 615, title IV, 420, 53 Stat. 1290.)
07 USC SUBCHAPTER V -- SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY
TITLE 7 -- AGRICULTURE
07 USC 1611. Illegal sales of uncertified seed
TITLE 7 -- AGRICULTURE
It shall be unlawful in the United States or in interstate or foreign
commerce to sell or offer for sale or advertise, by variety name, seed
not certified by an official seed certifying agency, when it is a
variety for which a certificate of plant variety protection under the
Plant Variety Protection Act (7 U.S.C. 2321 et seq.) specifies sale only
as a class of certified seed: Provided, That seed from a certified lot
may be labeled as to variety name when used in a mixture by, or with the
approval of, the owners of the variety.
(Aug. 9, 1939, ch. 615, title V, 501, as added Dec. 24, 1970, Pub.
L. 91-577, title III, 142(a), 84 Stat. 1558, and amended Dec. 22, 1981,
Pub. L. 97-98, title XI, 1118, 95 Stat. 1272.)
The Plant Variety Protection Act, referred to in text, is Pub. L.
91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is classified
principally to chapter 57 ( 2321 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2321 of this title and Tables.
1981 -- Pub. L. 97-98 substituted ''sell or offer for sale or
advertise, by variety name, seed'' for ''sell by variety name seed'',
''certifying agency, when'' for ''certifying agency when'', and ''owners
of the variety'' for ''owner of the variety''.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Section effective Dec. 24, 1970, see section 141 of Pub. L.
91-577, set out as a note under section 2321 of this title.
07 USC CHAPTER 38 -- DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
TITLE 7 -- AGRICULTURE
Sec.
1621. Congressional declaration of purpose; use of existing
facilities; cooperation with States.
1622. Duties of Secretary relating to agricultural products.
(a) Determination of methods of processing, packaging, marketing,
etc.; publication of results.
(b) Determination of costs.
(c) Improvement of standards of quality, condition, etc.; standard of
quality for ice cream.
(d) Elimination of artificial barriers to free movement.
(e) Development of new markets.
(f) Increasing consumer education.
(g) Collection and dissemination of marketing information.
(h) Inspection and certification of products in interstate commerce;
credit and future availability of funds; investment; certificates as
evidence; penalties.
(i) Development of facilities for assembling, processing,
transporting, etc.
(j) Improvement of transportation facilities and rates.
(k) Collection and dissemination of marketing statistics.
(l) Development of procurement standards and specifications.
(m) Promotion of research for handling, storing, preserving, etc.
(n) General research, services, and activities.
1622a. Authority to assist farmers and elevator operators.
1623. Authorization of appropriations; allotments to States.
1623a. Minimum sum for contracting.
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.
(a) Congressional findings.
(b) Declaration of purpose.
(c) Definitions.
(d) Purchases free of security interest.
(e) Purchases subject to security interest.
(f) Law governing ''receipt''.
(g) Commission merchants or selling agents: sales free of or subject
to security interest; law governing ''receipt''.
(h) Security agreements; identity lists; notice of identity or
accounting for proceeds; violations.
(i) Regulations.
(j) Effective date.
1632. Market expansion research.
07 USC 1621. Congressional declaration of purpose; use of existing
facilities; cooperation with States
TITLE 7 -- AGRICULTURE
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.
(Aug. 14, 1946, ch. 966, title II, 202, 60 Stat. 1087.)
Section 201 of act Aug. 14, 1946, provided that: ''This title
(enacting this chapter) may be cited as the 'Agricultural Marketing Act
of 1946'.''
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
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.
Marketing of agricultural products, cooperation with state agencies
in administration and enforcement of laws relating to, see section 450
of this title.
Poultry and poultry products inspection, see section 451 et seq. of
Title 21, Food and Drugs.
07 USC 1622. Duties of Secretary relating to agricultural products
TITLE 7 -- AGRICULTURE
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
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.
(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 chapter 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
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. 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. Such funds may be invested by the Secretary in
insured or fully collateralized, interest-bearing accounts or, at the
discretion of the Secretary, by the Secretary of the Treasury in United
States Government debt instruments. Any 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. 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.
(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) 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.
(Aug. 14, 1946, ch. 966, title II, 203, 60 Stat. 1087; Aug. 9, 1955,
ch. 632, 1, 69 Stat. 553; Sept. 29, 1977, Pub. L. 95-113, title II,
206, 91 Stat. 920; Aug. 6, 1981, Pub. L. 97-31, 12(2), 95 Stat. 153;
Aug. 28, 1984, Pub. L. 98-403, 2, 98 Stat. 1480; Oct. 4, 1984, Pub. L.
98-443, 9(j), 98 Stat. 1708.)
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.
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.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Section 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.
Pub. L. 102-237, title I, 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.''
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, 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.''
Investigation of quality and condition of produce received in
interstate commerce, see section 499n of this title.
/1/ So in original.
07 USC 1622a. Authority to assist farmers and elevator operators
TITLE 7 -- AGRICULTURE
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.
(Pub. L. 101-624, title XX, 2014, Nov. 28, 1990, 104 Stat. 3933.)
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.
07 USC 1623. Authorization of appropriations; allotments to States
TITLE 7 -- AGRICULTURE
(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.
(Aug. 14, 1946, ch. 966, title II, 204, 60 Stat. 1089.)
07 USC 1623a. Minimum sum for contracting
TITLE 7 -- AGRICULTURE
Not less than $1,500,000 of the appropriations of the Department of
Agriculture in this Act for research and service work authorized by the
Acts of August 14, 1946 and July 28, 1954, and /1/ (7 U.S.C. 427,
1621-1629), and by chapter 63 of title 31 shall be available for
contracting in accordance with said Acts and chapter.
(Pub. L. 102-142, title VII, 704, Oct. 28, 1991, 105 Stat. 911.)
Section was enacted as part of the appropriation act cited as the
credit to this section, and not as part of the Agricultural Marketing
Act of 1946 which comprises this chapter.
Similar provisions were contained in the following prior
appropriation acts:
Nov. 5, 1990, Pub. L. 101-506, title VI, 604, 104 Stat. 1346.
Nov. 21, 1989, Pub. L. 101-161, title VI, 604, 103 Stat. 982.
Oct. 1, 1988, Pub. L. 100-460, title VI, 604, 102 Stat. 2259.
Dec. 22, 1987, Pub. L. 100-202, 101(k) (title VI, 604), 101 Stat.
1329-322, 1329-353.
Oct. 18, 1986, Pub. L. 99-500, 101(a) (title VI, 604), 100 Stat.
1783, 1783-27, and Oct. 30, 1986, Pub. L. 99-591, 101(a) (title VI,
604), 100 Stat. 3341, 3341-27.
Dec. 19, 1985, Pub. L. 99-190, 101(a) (H.R. 3037, title VI, 604), 99
Stat. 1185.
Oct. 12, 1984, Pub. L. 98-473, title I, 101(a) (H.R. 5743, title VI,
604), 98 Stat. 1837.
Nov. 14, 1983, Pub. L. 98-151, 101(d) (H.R. 3223, title VI, 604), 97
Stat. 972.
Dec. 18, 1982, Pub. L. 97-370, title VI, 604, 96 Stat. 1810.
Dec. 23, 1981, Pub. L. 97-103, title VI, 604, 95 Stat. 1487.
Dec. 15, 1980, Pub. L. 96-528, title VI, 604, 94 Stat. 3116.
Nov. 9, 1979, Pub. L. 96-108, title VI, 603, 93 Stat. 840.
Oct. 11, 1978, Pub. L. 95-448, title VI, 603, 92 Stat. 1092.
Aug. 12, 1977, Pub. L. 95-97, title VI, 603, 91 Stat. 828.
July 12, 1976, Pub. L. 94-351, title VI, 603, 90 Stat. 868.
Oct. 21, 1975, Pub. L. 94-122, title VI, 605, 89 Stat. 667.
Dec. 31, 1974, Pub. L. 93-563, title V, 505, 88 Stat. 1842.
Oct. 24, 1973, Pub. L. 93-135, title V, 506, 87 Stat. 490.
Aug. 22, 1972, Pub. L. 92-399, title V, 506, 86 Stat. 611.
Aug. 10, 1971, Pub. L. 92-73, title V, 506, 85 Stat. 201.
Dec. 22, 1970, Pub. L. 91-566, title V, 506, 84 Stat. 1496.
Nov. 26, 1969, Pub. L. 91-127, title V, 506, 83 Stat. 260.
Aug. 8, 1968, Pub. L. 90-463, title V, 506, 82 Stat. 653.
Oct. 24, 1967, Pub. L. 90-113, title V, 506, 81 Stat. 335.
Sept. 7, 1966, Pub. L. 89-556, title V, 506, 80 Stat. 704.
Nov. 2, 1965, Pub. L. 89-316, title V, 506, 79 Stat. 1179.
Sept. 2, 1964, Pub. L. 88-573, title V, 506, 78 Stat. 876.
Dec. 30, 1963, Pub. L. 88-250, title VI, 606, 77 Stat. 833.
Oct. 24, 1962, Pub. L. 87-879, title VI, 606, 76 Stat. 1215.
July 26, 1961, Pub. L. 87-112, title V, 506, 75 Stat. 241.
June 29, 1960, Pub. L. 86-532, title IV, 406, 74 Stat. 244.
July 8, 1959, Pub. L. 86-80, title IV, 406, 73 Stat. 180.
June 13, 1958, Pub. L. 86-459, title IV, 406, 72 Stat. 199.
Aug. 2, 1957, Pub. L. 85-118, title V, 506, 71 Stat. 340.
June 4, 1956, ch. 355, title V, 506, 70 Stat. 241.
May 23, 1955, ch. 43, title V, 506, 69 Stat. 63.
June 29, 1954, ch. 409, title V, 506, 68 Stat. 319.
/1/ So in original.
07 USC 1624. Cooperation with Government and State agencies, private
research organizations, etc.; rules and regulations
TITLE 7 -- AGRICULTURE
(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.
(Aug. 14, 1946, ch. 966, title II, 205, 60 Stat. 1090; Aug. 30,
1954, ch. 1076, 1(7), 68 Stat. 966.)
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, 3, 63 Stat. 407.
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, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
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.
Pub. L. 97-253, title I, 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
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.''
Marketing of agricultural products, cooperation with state agencies
in administration and enforcement of laws relating to, see section 450
of this title.
42 section 418.
07 USC 1625. Transfer and consolidation of functions, powers, bureaus,
etc.
TITLE 7 -- AGRICULTURE
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.
(Aug. 14, 1946, ch. 966, title II, 206, 60 Stat. 1090.)
07 USC 1626. Definitions
TITLE 7 -- AGRICULTURE
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 shall include the Virgin Islands and Guam.
(Aug. 14, 1946, ch. 966, title II, 207, 60 Stat. 1091; June 23,
1972, Pub. L. 92-318, title V, 506(f), 86 Stat. 351.)
1972 -- Pub. L. 92-318 inserted definition of ''State'' as including
Virgin Islands and Guam.
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as a note under section 326a
of this title.
07 USC 1627. Appointment of personnel; compensation; employment of
specialists
TITLE 7 -- AGRICULTURE
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.
(Aug. 14, 1946, ch. 966, title II, 208, 60 Stat. 1091.)
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.
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, 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.
07 USC 1628. Repealed. Pub. L. 93-86, 2, Aug. 10, 1973, 87 Stat. 246
TITLE 7 -- AGRICULTURE
Section, acts Aug. 14, 1946, ch. 966, title III, 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 this
chapter, sections 427 and 427i of this title and former sections 427h
and 427j of this title, and set forth functions of such committee.
07 USC 1629. Establishment of committees to assist in research and
service programs
TITLE 7 -- AGRICULTURE
In the furtherance of the research and service work authorized by
sections 427 and 427i of this title and this chapter, 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.
(Aug. 14, 1946, ch. 966, title III, 302, 60 Stat. 1091.)
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, 2, Aug. 10, 1973, 87 Stat. 246.
Section was not enacted as part of the Agricultural Marketing Act of
1946 which comprises this chapter.
07 USC 1630. Omitted
TITLE 7 -- AGRICULTURE
Section, act June 4, 1956, ch. 355, title V, 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, 509, 69 Stat. 64.
June 29, 1954, ch. 409, title V, 509, 68 Stat. 319.
07 USC 1631. Protection for purchasers of farm products
TITLE 7 -- AGRICULTURE
(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 of
the individual debtors or, in the case of debtors doing business other
than as individuals, the Internal Revenue Service taxpayer
identification number of such debtors; 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 paragraph /1/ (C) that cover
the farm products in which such buyer, commission merchant, or selling
agent has registered an interest;
(F) the Secretary of State furnishes to those who are not registered
pursuant to (2)(D) of this section /2/ 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 thereof;
(B) is signed and filed with the Secretary of State of a State by the
secured party;
(C) is signed by the debtor;
(D) 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 of the debtor or, in the case of a
debtor doing business other than as an individual, the Internal Revenue
Service taxpayer identification number of such debtor;
(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 a reasonable description of the property,
including /3/ county or parish in which the property is located;
(E) must be amended in writing, within 3 months, similarly signed and
filed, to reflect material changes;
(F) 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;
(G) lapses on either the expiration of the effective period of the
statement or the filing of a notice signed by the secured party that the
statement has lapsed, whichever occurs first;
(H) is accompanied by the requisite filing fee set by the Secretary
of State; and
(I) substantially complies with the requirements of this subparagraph
even though it contains minor errors that are not seriously misleading.
(5) 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.
(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 of the debtor or, in the case of a
debtor doing business other than as an individual, the Internal Revenue
Service taxpayer identification number of such debtor;
(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, county or parish, and a reasonable
description of the property; and
(iii) must be amended in writing, within 3 months, similarly signed
and transmitted, to reflect material changes;
(iv) will lapse on either the expiration period of the statement or
the transmission of a notice signed by the secured party that the
statement has lapsed, whichever occurs first; and
(v) any /4/ 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 subparagraph /5/ (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; and
/6/
(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 of the debtor or, in the case of a
debtor doing business other than as an individual, the Internal Revenue
Service taxpayer identification number of such debtor;
(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, county or parish, and a reasonable
description of the property, etc.; and
(iii) must be amended in writing, within 3 months, similarly signed
and transmitted, to reflect material changes;
(iv) will lapse on either the expiration period of the statement or
the transmission of a notice signed by the secured party that the
statement has lapsed, whichever occurs first; and
(v) any /7/ 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.
(Pub. L. 99-198, title XIII, 1324, Dec. 23, 1985, 99 Stat. 1535.)
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.
/1/ So in original. Probably should be ''subparagraph''.
/2/ So in original. Probably should be ''pursuant to subparagraph
(D)''.
/3/ So in original. Probably should be followed by ''the''.
/4/ So in original. Probably should be preceded by ''contains''.
/5/ So in original. Probably should be ''subsection''.
/6/ So in original. A period probably should appear instead of '';
and''.
/7/ So in original. Probably should be preceded by ''contains''.
07 USC 1632. Market expansion research
TITLE 7 -- AGRICULTURE
(a) The Secretary of Agriculture, using available funds, shall
increase and intensify research programs conducted by or for the
Department of Agriculture that are directed at developing technology to
overcome barriers to expanded sales of United States agricultural
commodities and the products thereof in domestic and foreign markets,
including research programs for the development of procedures to meet
plant quarantine requirements and improvement in the transportation and
handling of perishable agricultural commodities.
(b)(1) The Secretary of Agriculture shall conduct a research and
development program to formulate new uses for farm and forest products.
Such program shall include, but not be limited to, research and
development of industrial, new, and value-added products.
(2) To the extent practicable, the Secretary of Agriculture shall
carry out the program authorized in this subsection with colleges and
universities, private industry, and Federal and State entities through a
combination of grants, cooperative agreements, contracts, and
interagency agreements.
(3)(A) There are authorized to be appropriated such sums as are
necessary to carry out the program authorized under this subsection.
(B) In addition, the Secretary may use funds appropriated or made
available to the Secretary under provisions of law other than
subparagraph (A) to carry out such program.
(C) To the extent requests are made for matching funds under such
program, the total amount of funds used by the Secretary to carry out
the program under this subsection may not be less than $10,000,000 for
each of the fiscal years ending September 30, 1986, through September
30, 1990.
(4) Funds appropriated under subparagraph (A) or made available under
subparagraph (B) may be transferred among appropriation accounts to
carry out the purposes of the program authorized under this subsection.
(5) Notwithstanding any other provision of law, the Federal share of
the cost of each research or development project funded under this
subsection may not exceed 50 percent of the cost of such project.
(Pub. L. 99-198, title XIV, 1436, Dec. 23, 1985, 99 Stat. 1558.)
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.
07 USC CHAPTER 39 -- STABILIZATION OF INTERNATIONAL WHEAT MARKET
TITLE 7 -- AGRICULTURE
Sec.
1641. Availability of wheat for export; utilization of funds and
facilities; prices; authorization of appropriations.
1642. Enforcement by President.
(a) Rules or regulations.
(b) Reports; keeping and examination of books and records.
(c) Penalty for violation.
(d) Forfeiture for excessive exports or imports.
(e) Jurisdiction and venue of actions; remedies, fines, and
forfeitures as additional.
(f) Delegation of authority.
(g) Authorization of appropriations.
(h) Use of funds.
(i) Exclusion from Administrative Procedure Act.
(j) ''Person'' defined.
07 USC 1641. Availability of wheat for export; utilization of funds
and facilities; prices; authorization of appropriations
TITLE 7 -- AGRICULTURE
The President is authorized, acting through the Commodity Credit
Corporation, to make available or cause to be made available,
notwithstanding the provisions of any other law, such quantities of
wheat and wheat-flour and at such prices as are necessary to exercise
the rights, obtain the benefits, and fulfill the obligations of the
United States under the International Wheat Agreement of 1949 signed by
Australia, Canada, France, the United States, Uruguay, and certain wheat
importing countries, along with the agreements signed by the United
States and certain other countries revising and renewing such agreement
of 1949 for periods through July 31, 1965 (hereinafter collectively
called the ''International Wheat Agreement''). Nothing in this chapter
shall be construed to preclude the Secretary of Agriculture, in carrying
out programs to encourage the exportation of agricultural commodities
and products thereof pursuant to section 612c of this title, from
utilizing funds available for such programs in such manner as, either
separately or jointly with the Commodity Credit Corporation, to exercise
the rights, obtain the benefits, and fulfill all or any part of the
obligations of the United States under the International Wheat Agreement
or to preclude the Commodity Credit Corporation in otherwise carrying
out wheat and wheat-flour export programs as authorized by law. Nothing
contained in this chapter shall limit the duty of the Commodity Credit
Corporation to the maximum extent practicable consistent with the
fulfillment of the Corporation's purposes and the effective and
efficient conduct of its business to utilize the usual and customary
channels, facilities, and arrangements of trade and commerce in making
available or causing to be made available wheat and wheat-flour under
this chapter. The pricing provisions of section 1510(e) /1/ of title 22
and section 713a-9 of title 15, shall not be applicable to domestic
wheat and wheat-flour supplied to countries which are parties to the
International Wheat Agreement and credited to their guaranteed purchases
thereunder on and after August 1, 1949, and up to and including June 30,
1950. Where prices in excess of the International Wheat Agreement
prices have been paid for such wheat and wheat-flour financed by the
Economic Cooperation Administration on or after August 1, 1949, and up
to and including June 30, 1950, the Secretary of Agriculture or
Commodity Credit Corporation is authorized to reimburse the Economic
Cooperation Administration for such excess amounts. Funds realized from
such reimbursement shall revert to the respective appropriation or
appropriations from which funds were expended for the procurement of
such wheat and wheat-flour. There are authorized to be appropriated
such sums as may be necessary to make payments to the Commodity Credit
Corporation of its estimated or actual net costs of carrying out its
functions hereunder. Such net costs in connection with the
International Wheat Agreement, 1959, shall include those with respect to
all transactions which qualify as commercial purchases (as defined in
such agreement) from the United States by importing member countries.
Such net costs in connection with the International Wheat Agreement,
1962, shall include those with respect to all transactions which qualify
as commercial purchases (as defined in such agreement) from the United
States by member and provisional member importing countries, including
transactions entered into prior to the deposit of instruments of
acceptance or accession by any of the countries involved, if the loading
period is not earlier than the date the agreement enters into force.
The Commodity Credit Corporation is authorized in carrying out its
functions under this chapter to utilize, in advance of such
appropriations or payments, any assets available to it.
(Oct. 27, 1949, ch. 772, 2, 63 Stat. 945; Aug. 1, 1953, ch. 306, 1,
67 Stat. 358; Aug. 3, 1956, ch. 911, 1, 70 Stat. 966; Sept. 21, 1959,
Pub. L. 86-336, 73 Stat. 600; Sept. 5, 1962, Pub. L. 87-632, 76 Stat.
434.)
Section 1510 of title 22, referred to in text, was repealed by act
Aug. 26, 1954, ch. 937, title V, 542(a), 68 Stat. 861.
1962 -- Pub. L. 87-632 extended authority of President to act under
wheat agreements revising and renewing the Agreement of 1949 for periods
through July 31, 1965, included within the net costs connected with the
International Wheat Agreement of 1962, those with respect to commercial
purchases from the United States by member and provisional member
importing countries, including transactions entered into prior to
deposit of instruments of acceptance or accession, if the loading period
is not earlier than the date the agreement enters force.
1959 -- Pub. L. 86-336 authorized this chapter to be used to
implement the 1959 agreement and provided that net costs in connection
with the 1959 agreement include those with respect to all transactions
which qualify as commercial purchases from the United States by
importing member countries.
1956 -- Act Aug. 3, 1956, permitted this chapter to be used to
implement the new agreement ratified on July 11, 1956.
1953 -- Act Aug. 1, 1953, permitted this chapter to be used to
implement the new agreement ratified on July 14, 1953.
Section 1 of act Oct. 27, 1949, provided that: ''This Act (enacting
this chapter) shall be known as the 'International Wheat Agreement Act
of 1949'.''
Economic Cooperation Administration abolished by act Oct. 10, 1951,
ch. 479, 65 Stat. 373. Its functions are exercised by Agency for
International Development, an agency within Department of State. See
section 2381 of Title 22, Foreign Relations and Intercourse.
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of
Commodity Credit Corporation; and Farm Credit Administration or any
agency, officer, or entity of, under, or subject to supervision of said
Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan
No. 2, 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out
as a note under section 2201 of this title.
Section 2 of act Aug. 3, 1956, provided that: ''Reference in any
law to the International Wheat Agreement of 1949 shall be deemed to
include the Agreement (International Wheat Agreement, 1956) revising and
renewing the International Wheat Agreement for a period ending July 31,
1959.''
Section 2 of act Aug. 1, 1953, provided that: ''Reference in any
law to the International Wheat Agreement of 1949 shall be deemed to
include the agreement revising and renewing the International Wheat
Agreement.''
/1/ See References in Text note below.
07 USC 1642. Enforcement by President
TITLE 7 -- AGRICULTURE
(a) Rules or regulations
The President is further authorized to take such other action,
including prohibiting or restricting the importation or exportation of
wheat or wheat-flour and to issue such rules or regulations which shall
have the force and effect of law, as may be necessary in his judgment in
the implementation of the International Wheat Agreement.
(b) Reports; keeping and examination of books and records
All persons exporting or importing wheat or wheat-flour or selling
wheat or wheat-flour for export shall report to the President such
information as he may from time to time require and keep such records as
he finds to be necessary to enable him to carry out the purposes of this
chapter. Such information shall be reported and such records shall be
kept in accordance with such regulations as the President may prescribe.
For the purposes of ascertaining the correctness of any report made or
record kept, or of obtaining information required to be furnished in any
report, but not so furnished, the President is authorized to examine
such books, papers, records, accounts, correspondence, contracts,
documents, and memoranda as are relevant to transactions under the
International Wheat Agreement and are within the control of any such
person.
(c) Penalty for violation
Any person failing to make any report or keep any record as required
by or pursuant to this section, or making any false report or record or
knowingly violating any rule or regulation of the President issued
pursuant to this section shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine of not more than
$1,000 for each violation.
(d) Forfeiture for excessive exports or imports
Any person who knowingly and willfully exports wheat or wheat-flour
from the United States, or who knowingly and willfully imports wheat or
wheat-flour into the United States for consumption therein, in excess of
the quantity of wheat or wheat-flour permitted to be exported or
imported, as the case may be, under regulations issued by the President
shall forfeit to the United States a sum equal to two times the market
value at the time of the commission of any such act, of the quantity of
wheat or wheat-flour by which any such exportation or importation
exceeds the authorized amount which forfeiture shall be recoverable in a
civil suit brought in the name of the United States.
(e) Jurisdiction and venue of actions; remedies, fines, and
forfeitures as additional
The district courts of the United States shall have jurisdiction of
violations of this chapter or the rules and regulations thereunder, and
of all suits in equity and actions at law brought to enforce any
liability or duty created by this chapter or the rules and regulations
thereunder. Any criminal proceeding may be brought in the district
wherein any act or transaction constituting the violation occurred. Any
suit or action to enforce any liability or duty created by this chapter
or rules and regulations thereunder, or to enjoin any violation of such
chapter or rules and regulations, may be brought in any such district
wherein the defendant is found or is a resident or transacts business.
The remedies, fines, and forfeitures provided for in this chapter shall
be in addition to, and not exclusive of, any of the remedies, fines, and
forfeitures under existing law.
(f) Delegation of authority
Any power, authority, or discretion conferred on the President by
this chapter may be exercised through such department, agency, or
officer of the Government as the President may direct, and shall be
exercised in conformity with such rules or regulations as he may
prescribe.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of this section, including the necessary
expenses and contributions of the United States in connection with the
administration of the International Wheat Agreement.
(h) Use of funds
Funds appropriated under authority of this chapter may be used for
the purchase or hire of passenger motor vehicles, for printing and
binding, for rent and personal services in the District of Columbia and
elsewhere without regard to the limitation contained in section 607(g)
of the Federal Employees Pay Act of 1945, as amended (5 U.S.C. 947(g)),
/1/ and for the employment of experts or consultants or organization
thereof, on a temporary basis, by contract or otherwise, without regard
to chapter 51 and subchapter III of chapter 53 of title 5, at rates not
in excess of $50 per diem.
(i) Exclusion from Administrative Procedure Act
The functions exercised under authority of this chapter shall be
excluded from the operation of the Administrative Procedure Act (60
Stat. 237) except as to the requirements of sections 3 and 10 thereof.
(j) ''Person'' defined
The term ''person'' as used in this section shall include the
singular and the plural and any individual, partnership, corporation,
association, or any other organized group of persons.
(Oct. 27, 1949, ch. 772, 3, 63 Stat. 946; Oct. 28, 1949, ch. 782,
title II, 202(27), title XI, 1106(a), 63 Stat. 956, 972.)
Section 607(g) of the Federal Employees Pay Act of 1945, as amended,
referred to in subsec. (h), was repealed by act Sept. 12, 1950, ch.
946, title III, 301 (85), 64 Stat. 843.
The Administrative Procedure Act, referred to in subsec. (i), is act
June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was repealed
and reenacted as subchapter II of chapter 5, and chapter 7, of Title 5,
Government Organization and Employees, by Pub. L. 89-554, Sept. 6,
1966, 80 Stat. 378, which enacted Title 5. Sections 3 and 10 thereof
are covered by section 552 and chapter 7, respectively, of Title 5.
The words ''and the District Court of the United States for the
District of Columbia'' in subsection (e) following ''district courts of
the United States'' have been deleted as superfluous in view of section
132 (a) of Title 28, Judiciary and Judicial Procedure, which states that
''There shall be in each judicial district a district court which shall
be a court of record known as the United States District Court for the
district'', and section 88 of said Title 28 which states that ''The
District of Columbia constitutes one judicial district''.
In subsec. (h), ''chapter 51 and subchapter III of chapter 53 of
title 5'' was substituted for ''the Classification Act of 1949'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
1949 -- Sebsec. (h). Act Oct. 28, 1949, substituted
''Classification Act of 1949'' for ''Classification Act (of 1923)''.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
Ex. Ord. No. 11108, May 22, 1963, 28 F.R. 5185, which delegated to
Secretary of Agriculture authority of President under this chapter, was
revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
One form of action, see rule 2, Title 28, Appendix, Judiciary and
Judicial Procedure.
Proceedings to be in district and division in which offense
committed, see rule 18, Title 18, Appendix, Crimes and Criminal
Procedure.
Fines, penalties and forfeitures, see section 2461 et seq. of Title
28, Judiciary and Judicial Procedure.
Jurisdiction of district courts of actions for recovery of fine,
penalty or forfeiture, see section 1355 of Title 28.
United States as party generally, see section 2401 et seq. of Title
28.
United States as plaintiff, jurisdiction of district courts, see
section 1345 of Title 28.
Words denoting number, gender, etc., see section 1 of Title 1,
General Provisions.
/1/ See References in Text note below.
07 USC CHAPTER 40 -- HALOGETON GLOMERATUS CONTROL
TITLE 7 -- AGRICULTURE
Sec.
1651. Government policy for control of Halogeton glomeratus.
1652. Authority of Secretaries of Agriculture and Interior;
surveys; control measures; consent of other departments.
1653. Expenditure of funds; discretion of Secretaries; utilization
of available services.
1654. Contributions by States.
1655. Authorization of appropriations; use.
1656. Extent of authority.
07 USC 1651. Government policy for control of Halogeton glomeratus
TITLE 7 -- AGRICULTURE
In order to protect the livestock industry from losses caused by the
poisonous weed Halogeton glomeratus now or hereafter existing on lands
in the several States, to provide for the maintenance and development of
valuable forage plants on range and pasture lands, and to prevent
destruction or impairment of range and pasture lands and other lands by
the growth, spread, and development of the poisonous weed known as
Halogeton glomeratus, it shall be the policy of the Federal Government,
acting independently or in cooperation with the several States and
political subdivisions thereof, private associations and organizations,
and individuals, to control, suppress, and eradicate this weed,
poisonous to livestock, on lands in the several States irrespective of
ownership.
(July 14, 1952, ch. 721, 2, 66 Stat. 597.)
Section 1 of act July 14, 1952, provided that: ''This Act (enacting
this chapter) may be cited as the 'Halogeton Glomeratus Control Act'.''
07 USC 1652. Authority of Secretaries of Agriculture and Interior;
surveys; control measures; consent of other departments
TITLE 7 -- AGRICULTURE
The Secretary of the Interior with respect to lands under his
jurisdiction, including trust or restricted Indian lands, and the
Secretary of Agriculture with respect to any other lands, either
independently or in cooperation with any State or political subdivision
thereof, private association or organization, or individual, are
severally authorized, upon such conditions as they respectively deem
necessary --
(1) to conduct surveys to detect the presence and effect of Halogeton
glomeratus on lands in such State;
(2) to determine those measures and operations which are necessary to
control, suppress, and eradicate such weed; and
(3) to plan, organize, direct, and carry out such measures and
operations as either of them may deem necessary to carry out the
purposes of this chapter.
(b) Measures and operations to control, suppress, or eradicate
Halogeton glomeratus on lands under the jurisdiction of any department,
agency, independent establishment, or corporation of the Federal
Government shall not be conducted without the consent of the department,
agency, independent establishment, or corporation concerned.
(July 14, 1952, ch. 721, 3, 66 Stat. 598.)
07 USC 1653. Expenditure of funds; discretion of Secretaries;
utilization of available services
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture in his discretion may allocate, out of
any sums appropriated to him under authority of this chapter, to any
department, agency, independent establishment, or corporation of the
Federal Government having jurisdiction over any land on which there
exists Halogeton glomeratus, such amounts as he deems necessary for the
control, suppression, and eradication of such weed by such department,
agency, independent establishment, or corporation, as the case may be.
Sums appropriated to the Secretary of the Interior under authority of
this chapter shall be expended for work on, or of benefit to, lands
under his jurisdiction, including trust or restricted Indian lands.
Either Secretary may also accept and utilize such voluntary and
uncompensated services of Federal, State, and local officers and
employees as are available.
(July 14, 1952, ch. 721, 4, 66 Stat. 598.)
07 USC 1654. Contributions by States
TITLE 7 -- AGRICULTURE
In the discretion of the Secretary of Agriculture or the Secretary of
the Interior, as the case may be, no expenditures shall be made from
funds appropriated under this chapter to control, suppress, or eradicate
Halogeton glomeratus on lands in the several States until there have
been made or agreed upon such contributions, in the form of funds,
materials, services, or otherwise, by the States and political
subdivisions thereof, private associations, and organizations, and
individuals, toward the work of controlling, suppressing, or eradicating
such weed, as the Secretary of Agriculture or the Secretary of the
Interior, respectively, may require.
(July 14, 1952, ch. 721, 5, 66 Stat. 598.)
07 USC 1655. Authorization of appropriations; use
TITLE 7 -- AGRICULTURE
(a) There are hereby authorized to be appropriated to the Secretary
of Agriculture and to the Secretary of the Interior such sums as the
Congress may from time to time determine to be necessary to carry out
the purposes of this chapter.
(b) Any sums so appropriated shall be available for expenditure for
the employment of persons and means in the District of Columbia and
elsewhere, for the purchase, hire, maintenance, operation, and exchange
of aircraft and passenger-carrying vehicles, and for such other expenses
as may be necessary to carry out the purposes of this chapter.
(c) Such sums shall not be used to pay the cost or value of any
property injured or destroyed in carrying out the purposes of this
chapter.
(July 14, 1952, ch. 721, 6, 66 Stat. 598.)
07 USC 1656. Extent of authority
TITLE 7 -- AGRICULTURE
The authority contained in this chapter shall be in addition to, and
shall not limit or supersede, authority contained in existing law with
respect to the control, suppression, and eradication of pests, plants,
and plant diseases.
(July 14, 1952, ch. 721, 7, 66 Stat. 599.)
07 USC
TITLE 7 -- AGRICULTURE
07 USC CHAPTER 41 -- AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
TITLE 7 -- AGRICULTURE
Sec.
1691.
United States policy.
1691a.
Global food aid needs.
1692.
Transferred.
1693 to 1697. Repealed.
1701.
Trade and development assistance.
(a)
In general.
(b)
General authority.
1702.
Eligible countries.
(a)
In general.
(b)
Priority.
1703.
Terms and conditions of sales.
(a)
Payment.
(b)
Interest.
(c)
Duration.
(d)
Deferral of payments.
(e)
Delivery of commodities.
1704.
Use of local currency payment.
(a)
In general.
(b)
Special account.
(c)
Activities.
(d)
Fiscal requirements regarding use of local currencies.
1704a.
Agreements for use of foreign currencies; reports to Congress.
1704b.
Repealed.
1704c.
Payments by Secretary of Defense in liquidation of amount due for
foreign currencies.
1705.
Value-added foods.
(a)
Policy.
(b)
Partial waiver of repayment.
(c)
Minimize impact.
1706.
Debt-for-health-and-protection swap.
(a)
''Debt-for-health-and-protection swap'' defined.
(b)
Assistance for commercial debt swap.
(c)
Eligible projects.
(d)
Terms and conditions of exchange.
(e)
Authorization of appropriations.
1707 to 1715.
Omitted or Repealed.
1721.
General authority.
1722.
Provision of agricultural commodities.
(a)
Emergency assistance.
(b)
Non-emergency assistance.
(c)
Uses of assistance.
(d)
Eligible organizations.
(e)
Support for private voluntary organizations and cooperatives.
(f)
Effective use of commodities.
(g)
Labeling.
1723.
Generation and use of foreign currencies by private voluntary
organizations and cooperatives.
(a)
Local sale and barter of commodities.
(b)
Minimum level of local sales.
(c)
Description of intended uses.
(d)
Use.
1724.
Levels of assistance.
(a)
Minimum levels.
(b)
Use of value-added commodities.
1725.
Food Aid Consultative Group.
(a)
Establishment.
(b)
Membership.
(c)
Chairperson.
(d)
Consultations.
(e)
Advisory Committee Act.
(f)
Termination.
1726.
Maximum level of expenditures.
(a)
Maximum expenditures.
(b)
Waiver by President.
1726a.
Administration.
(a)
Proposals.
(b)
Notice and comment.
(c)
Regulations.
(d)
Deadline for submission of commodity orders.
1726b.
Omitted.
1727.
Bilateral grant program.
(a)
In general.
(b)
General authority.
1727a.
Eligible countries.
(a)
Least developed countries.
(b)
Indicators of food deficit countries.
(c)
Priority.
1727b.
Grant programs.
1727c.
Direct uses or sales of commodities.
1727d.
Local currency accounts.
(a)
Retention of proceeds.
(b)
Ownership and programming of accounts.
(c)
Overall development strategy.
1727e.
Use of local currency proceeds.
(a)
In general.
(b)
Support of indigenous nongovernmental organizations.
(c)
Investment of local currencies by nongovernmental organizations.
(d)
Support for certain educational institutions.
1727f, 1727g.
Omitted.
1728.
Findings regarding emergency food assistance.
1728a.
President's Emergency Food Assistance Fund.
(a)
Establishment; authority of President to furnish assistance from
Fund.
(b)
Types of assistance authorized.
(c)
Authorization of appropriations.
(d)
Authority of President.
1728b.
Reports on emergency food assistance.
1731.
Commodity determinations.
(a)
Available commodities.
(b)
Modification.
(c)
Commodities not available.
(d)
Policies for implementing chapter.
(e)
Ineligible commodities.
(f)
Market development activities.
1732.
Definitions.
1733.
General provisions.
(a)
Prohibition.
(b)
Consultations.
(c)
Transshipment.
(d)
Private trade channels and small business.
(e)
World prices.
(f)
Publicity.
(g)
Participation of private sector.
(h)
Safeguard usual marketings.
(i)
Military distribution of food aid.
(j)
Violations of human rights.
(k)
Abortion prohibition.
1734.
Agreements.
(a)
In general.
(b)
Terms of agreement.
(c)
Multi-year agreements.
(d)
Review of agreements.
1735.
Consultation.
1736.
Use of Commodity Credit Corporation.
(a)
In general.
(b)
Included expenses.
(c)
Commodity Credit Corporation.
(d)
Availability of funds.
1736-1.
Special Assistant for Agricultural Trade and Food Assistance.
(a)
Appointment by President.
(b)
Service in Executive Office of President.
(c)
Required functions.
(d)
Compensation.
1736a.
Administrative provisions.
(a)
Subchapter II programs.
(b)
Reporting of fees.
(c)
Agents.
(d)
Subchapters III and III-A program.
(e)
Timing of shipments.
(f)
Deadline for agreements under Subchapters II and III-A of this
chapter.
(g)
Annual reports.
(h)
World Food Day report.
1736b.
Expiration date.
1736c.
Regulations.
1736d.
Independent evaluation of programs.
(a)
Subchapter II program.
(b)
Subchapter III program.
(c)
Subchapter III-A program.
(d)
Report to Congress.
1736e.
Debt forgiveness.
(a)
Authority.
(b)
Request for debt relief by President.
(c)
Appropriations action required.
(d)
Limitation on new credit assistance.
(e)
Applicability.
1736f.
Authorization of appropriations.
(a)
Reimbursement.
(b)
Limitations.
(c)
Transfer of funds.
(d)
Budget.
(e)
Value of commodities.
1736f-1.
Food security wheat reserve.
(a)
Establishment by President.
(b)
Initial establishment by designation of wheat owned by Commodity
Credit Corporation; replenishment by purchase or by designation of
wheat acquired by Corporation.
(c)
Release of wheat stocks by President for emergency food assistance to
developing countries.
(d)
Release of wheat to meet famine or other relief requirements.
(e)
Management of wheat in reserve to avoid spoilage.
(f)
Wheat in reserve as part of total domestic supply for purposes of
other laws.
(g)
Use of Commodity Credit Corporation funds, facilities, and
authorities; reimbursement of Corporation.
(h)
Finality of determinations by President or Secretary.
(i)
Expiration of authority to replenish stocks of wheat; disposal of
remaining stocks.
1736g.
Coordination of foreign assistance programs.
1736g-1.
Assistance in furtherance of narcotics control objectives of United
States.
(a)
Substantial injury.
(b)
Exception for narcotics control.
1736h.
Congressional consultation on bilateral commodity supply agreements.
1736i to 1736k. Repealed.
1736l.
Consultation on grain marketing.
1736m.
Expansion of international markets for United States agricultural
commodities and products; purposes; implementation authorities.
1736n.
Increased usage of protein byproducts derived from alcohol fuel
production.
(a)
Purposes.
(b)
Investigative authorities.
(c)
Additional investigative authorities.
(d)
Reporting requirements.
1736o.
Food for progress.
(a)
Short title.
(b)
Agreements with developing countries and emerging democracies to
furnish commodities.
(c)
''Commodities'' defined.
(d)
Considerations for agreements.
(e)
Availability of commodities; financing sale and exportation of
commodities; payment of costs and charges.
(f)
Provision to developing countries on grant basis; minimum metric ton
amount available; purchase of commodities by Commodity Credit
Corporation; funds for implementation; cost of commodities and
expenses.
(g)
Maximum amount of metric tons of commodities to be furnished.
(h)
Prohibition on resale of transshipment of commodities.
(i)
Agreements not to displace other sales of United States commodities.
(j)
Agreements for distribution or sale on multiyear basis.
(k)
Redesignated (j)
(l)
Effective and termination dates.
(m)
Additional assistance in administration of food assistance programs.
1736p.
Trade policy declaration.
(a)
Congressional findings.
(b)
Congressional declaration of policy.
1736q.
Trade liberalization.
(a)
Congressional findings.
(b)
Sense of Congress.
1736r.
Agricultural trade consultations.
(a)
Effecutation of purposes by Secretary of Agriculture in coordination
with United States Trade Representative.
(b)
Sense of Congress for objectives of consultations.
(c)
Reporting requirements.
1736s, 1736t.
Repealed.
1736u.
Cooperator market development program.
(a)
Sense of Congress.
(b)
Exemption from requirements of OMB circular.
1736v to 1736x. Repealed.
1736y.
Contract sanctity and producer embargo protection.
1736z, 1736aa.
Repealed.
1736bb.
Agricultural aid and trade missions.
(a)
Establishment.
(b)
Composition.
(c)
Terms.
(d)
Compensation and travel expenses.
1736bb-1.
Required and additional missions; eligible countries.
(a)
Required missions.
(b)
Additional missions.
(c)
Criteria.
(d)
Eligibility of Poland.
1736bb-2.
Functions.
1736bb-3.
Mission reports.
1736bb-4.
Progress reports.
1736bb-5.
Authorization of appropriations.
1736bb-6.
Definitions.
1736cc.
Repealed.
1737.
Farmer-to-farmer program.
(a)
In general.
(b)
Definitions.
(c)
Minimum funding.
1738.
Establishment of Facility.
1738a.
Purpose.
1738b.
Eligibility for benefits under Facility.
(a)
Requirements.
(b)
Eligibility determination.
1738c.
Reduction of certain debt.
(a)
Authority to reduce debt.
(b)
Limitation.
(c)
Exchange of obligations.
1738d.
Repayment of principal.
(a)
Currency of payment.
(b)
Deposit of payments.
1738e.
Interest of new obligations.
(a)
Rate of interest.
(b)
Currency of payment, deposits.
(c)
Interest previously paid.
1738f.
Environmental framework agreements.
(a)
Authority.
(b)
Requirements.
(c)
Administering body.
1738g.
Enterprise for the Americas environmental funds.
(a)
Establishment.
(b)
Investment.
1738h.
Disbursement of environmental funds.
1738i.
Environment for the Americas Board.
(a)
Establishment.
(b)
Membership and chairperson.
(c)
Responsibilities.
1738j.
Oversight.
1738k.
Eligible activities and grantees.
(a)
Eligible entities.
(b)
Regulation.
(c)
Setting of priorities.
(d)
Grants.
(e)
Priority.
1738l.
Encouraging multilateral debt donations.
(a)
Encouraging donations from official creditors.
(b)
Encouraging donations from other sources.
1738m.
Annual report to Congress.
(a)
In general.
(b)
Supplemental views in annual report.
1738n.
Consultations with Congress.
Dairy products and wheat from Commodity Credit Corporation stocks,
costs of distribution to be in addition to levels of assistance
programmed under this chapter, see section 1431(b) of this title.
section 1537; title 22 sections 1922, 2151a, 2167,
2292n, 2353, 2354, 2362, 2370, 2371, 2394, 2455, 2775,
5413, 5425; title 46 App. section 1241f.
07 USC 1691. United States policy
TITLE 7 -- AGRICULTURE
It is the policy of the United States to use its abundant
agricultural productivity to promote the foreign policy of the United
States by enhancing the food security of the developing world through
the use of agricultural commodities and local currencies accruing under
this chapter to --
(1) combat world hunger and malnutrition and their causes;
(2) promote broad-based, equitable, and sustainable development,
including agricultural development;
(3) expand international trade;
(4) develop and expand export markets for United States agricultural
commodities; and
(5) foster and encourage the development of private enterprise and
democratic participation in developing countries.
(July 10, 1954, ch. 469, 2, 68 Stat. 454; Nov. 11, 1966, Pub. L.
89-808, 2(A), 80 Stat. 1526; Dec. 20, 1975, Pub. L. 94-161, title II,
201, 89 Stat. 850; Dec. 23, 1985, Pub. L. 99-198, title XI, 1111(a), 99
Stat. 1474; Nov. 28, 1990, Pub. L. 101-624, title XV, 1512, 104 Stat.
3633.)
1990 -- Pub. L. 101-624 amended section generally, substituting
present provisions for provisions declaring policy of United States to
expand trade, develop export markets, encourage economic development and
private enterprise in developing countries, improve local food
production and promote foreign policy, and requiring President to give
priority to countries most affected by food shortages, encourage other
donors, link assistance to local agricultural and related development,
seek expanded markets for American commodities, and recognize and
support American farm economy.
1985 -- Pub. L. 99-198 included Congressional declaration of policy
to use accrued foreign currencies to foster and encourage the
development of private enterprise in developing countries and to enhance
food security in developing countries through local food production in
first sentence.
1975 -- Pub. L. 94-161 inserted provisions of second sentence,
including cls. (1) to (5), respecting considerations in furnishing food
aid under this chapter.
1966 -- Pub. L. 89-808 restated the Congressional declaration of
policy to include the use of the abundant agricultural productivity of
the United States to combat hunger and malnutrition and the emphasis on
assistance to those developing countries that are determined to improve
their own agricultural production and to exclude statement of a policy
to facilitate the convertibility of currency, to make maximum efficient
use of surplus agricultural commodities in furtherance of the foreign
policy of the United States, to purchase strategic materials, to pay
United States obligations abroad, and to promote collective strength.
Section 1513 of Pub. L. 101-624 provided that: ''The amendment made
by section 1512 (enacting sections 1736g-1 and 1737 to 1738m of this
title, amending this section and sections 1691a, 1701 to 1705, 1721 to
1726a, 1727 to 1727e, 1731 to 1736, 1736a to 1736f, and 1736g of this
title, and enacting provisions set out as a note under this section)
shall become effective on January 1, 1991.''
Section 5 of Pub. L. 89-808 provided that: ''This Act (enacting
sections 1707a, 1710, 1725, and 1736a to 1736d of this title, amending
this section and sections 1431, 1431b, 1446a-1, 1701 to 1704, 1705,
1707, 1708, 1709, 1721 to 1724, and 1731 to 1736 of this title,
repealing sections 1693 to 1697 of this title, and amending provisions
set out as a note under section 1701 of this title) shall take effect as
of January 1, 1967, except that section 4 (enacting section 1707a of
this title) shall take effect upon enactment (Nov. 11, 1966).''
Section 1501 of title XV of Pub. L. 101-624 provided that: ''This
title (see Tables for classification) may be cited as the 'Agricultural
Development and Trade Act of 1990'.''
Section 1511 of Pub. L. 101-624 provided that: ''This subtitle
(subtitle A ( 1511-1517) of title XV of Pub. L. 101-624, enacting
sections 1706, 1736g-1 and 1737 to 1738m of this title and sections
1241g to 1241v of Appendix to Title 46, Shipping, amending this section
and sections 1431, 1691a, 1701 to 1705, 1721 to 1726a, 1727 to 1727e,
1731 to 1736g, 1736o, 1736bb-6 of this title, and section 1241f of
Appendix to Title 46, and enacting provisions set out as notes under
this section) may be cited as the 'Mickey Leland Food for Peace Act'.''
Pub. L. 100-576, 1, Oct. 31, 1988, 102 Stat. 2897, provided that:
''This Act (amending section 1727 of this title and enacting provisions
set out as a note under section 1727 of this title) may be cited as the
'Bangladesh Disaster Assistance Act of 1988'.''
Pub. L. 100-202, 16, as added by Pub. L. 100-418, title IV, 4610(
a), Aug. 23, 1988, 102 Stat. 1411, provided that: ''Section 1 through
this section under the heading 'Agricultural Aid and Trade Missions Act'
(enacting sections 1726b and 1736bb to 1736bb-6 of this title, and
amending sections 1701, 1703, 1709, 1722, 1726, and 1726a of this title)
may be cited as the 'Agricultural Aid and Trade Missions Act'.''
Section 1 of Pub. L. 89-808 provided: ''That this Act (enacting
sections 1707a, 1710, 1725, and 1736a to 1736d, amending sections 1431,
1431b, 1446a-1, 1691, 1701 to 1704, 1705, 1707, 1708, 1709, 1721 to
1724, and 1731 to 1736, repealing sections 1693 to 1697 of this title,
and amending provisions set out as a note under section 1701 of this
title) may be cited as the 'Food for Peace Act of 1966'.''
Section 1 of act July 10, 1954, as amended by act Nov. 28, 1990,
Pub. L. 101-624, title XV, 1512, 104 Stat. 3633, provided that:
''This Act (enacting this chapter) may be cited as the 'Agricultural
Trade Development and Assistance Act of 1954'.''
Pub. L. 100-418, title IV, 4310, Aug. 23, 1988, 102 Stat. 1399,
provided that:
''(a) Annual Minimum. -- It is the sense of Congress that --
''(1) the United States should maintain its historic proportion of
food assistance constituting one-third of all United States foreign
economic assistance; and
''(2) accordingly, the total amount of food assistance made available
to foreign countries under the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1691 et seq.) and section 416(b) of the
Agricultural Act of 1949 (7 U.S.C. 1431(b)) should not be less than
one-third of the total amount of foreign economic assistance provided
for each fiscal year.
''(b) Definition. -- For purposes of this section, the term 'foreign
economic assistance' includes --
''(1) assistance under chapter 1 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section 416(b) of
the Agricultural Act of 1949 (7 U.S.C. 1431(b)), or any other law
authorizing economic assistance for foreign countries; and
''(2) United States contributions to the International Bank for
Reconstruction and Development, the International Development
Association, the Inter-American Development Bank, the Asian Development
Bank, the African Development Bank, or any other multilateral
development bank.''
Pub. L. 100-418, title IV, 4311, Aug. 23, 1988, 102 Stat. 1400,
which declared it to be the policy of the United States to use food aid
and agriculturally-related foreign economic assistance programs more
effectively to develop markets for United States agricultural
commodities and products, and which directed the President (or, as
appropriate, the Secretary of Agriculture) to encourage recipient
countries under food assistance agreements entered into under any
program administered by the Secretary to agree to give preference to
United States food and food products in future food purchases, was
repealed by Pub. L. 101-624, title XV, 1571, Nov. 28, 1990, 104 Stat.
3702.
Subtitle C ( 1217-1224) of title XII of Pub. L. 97-98, as added Pub.
L. 98-412, Aug. 30, 1984, 98 Stat. 1576, provided that:
''Sec. 1217. This subtitle may be cited as the 'Agricultural Trade
and Export Policy Commission Act'.
''Sec. 1218. (a) Congress finds that --
''(1) the economic well-being of the Nation's agricultural industry
is directly related to its ability to compete in international markets;
and
''(2) a thorough examination of agriculture-related trade and export
policies, programs, and practices of the United States is needed to
ensure that such policies, programs, and practices increase the
competitiveness of United States agricultural commodities and products
in international markets.
''(b) It is hereby declared to be the policy of Congress to expand
international trade in United States agricultural commodities and
products and to develop, maintain, and expand markets for United States
agricultural exports.
''Sec. 1219. (a) There is established a National Commission on
Agricultural Trade and Export Policy to conduct a study of the
agriculture-related trade and export policies, programs, and practices
of the United States.
''(b) In addition to the ex officio congressional members specified
in subsection (c) of this section, the Commission shall be composed of
twenty-three members appointed or designated by the President and
selected as follows:
''(1) The President shall select three members from among officers or
employees of the Executive branch who shall serve in an ex officio
capacity without voting rights; and
''(2) The President pro tempore of the Senate and the Speaker of the
House of Representatives shall each select ten members from among
private citizens of the United States to represent industries that are
directly affected by agriculture-related trade and export policies,
programs, and practices of the United States, including, but not limited
to, the following:
''(A) producers of major agricultural commodities in the United
States;
''(B) processors or refiners of United States agricultural
commodities;
''(C) exporters, transporters, or shippers of United States
agricultural commodities and products to foreign countries;
''(D) suppliers of production equipment or materials to United States
farmers;
''(E) providers of financing or credit for domestic and export
agricultural purposes; and
''(F) organizations representing general farm and rural interests in
the United States.
''(c) The chairmen and ranking minority members of the House
Committee on Agriculture, the Senate Committee on Agriculture,
Nutrition, and Forestry, the House Committee on Foreign Affairs, the
Senate Committee on Foreign Relations, the House Committee on Ways and
Means, and the Senate Committee on Finance shall serve as ex officio
members of the Commission and shall have the same voting rights as the
members of the Commission selected and appointed under the provisions of
subsection (b)(2) of this section. The chairmen and ranking minority
members may designate other members of their respective committees to
serve in their stead as members of the Commission.
''(d) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
''(e) The Commission shall elect a chairman from among the members of
the Commission who are selected and appointed under the provisions of
subsection (b)(2) of this section.
''(f) The Commission shall meet at the call of the chairman or a
majority of the Commission.
''Sec. 1220. The Commission shall study the agriculture-related trade
and export policies, programs, and practices of the United States and
the international and domestic factors affecting such policies,
programs, and practices, including the intergovernmental activities of
the United States that affect the formulation of policies. In
conducting the study, the Commission shall consider, among other things,
the following:
''(1) the effectiveness of existing agricultural export assistance
programs, and the manner in which they can be improved;
''(2) new export assistance programs that should be considered, and
the conditions under which they can be implemented;
''(3) practices of foreign countries that impede the export of United
States agricultural commodities and products, and appropriate responses
for the United States;
''(4) the effectiveness of the trade agreements program of the United
States with respect to agriculture-related trade and exports, and the
manner in which it can be improved;
''(5) international economic trends that affect agricultural exports,
and the manner in which the United States can best adjust its policies,
programs, and practices to meet changing economic conditions;
''(6) potential areas of conflict and compatibility between
international agricultural trade and foreign food assistance programs,
and the manner in which any conflict can be resolved; and
''(7) the relationship between international agricultural trade and
foreign economic development and food programs, and the manner in which
they can be made more compatible.
''Sec. 1221. (a) On the basis of its study, the Commission shall make
findings and develop recommendations for consideration by the President
and Congress with respect to the agriculture-related trade and export
policies, programs, and practices of the United States, and the manner
in which such policies, programs, and practices can be improved to
better develop, maintain, and expand markets for United States
agricultural exports.
''(b) The Commission shall submit to the President and Congress --
''(1) a report containing its initial findings and recommendations by
March 31, 1985,
''(2) such additional interim reports on its work as may be requested
by the chairman of any of the Committees set forth in section 1219(c) of
this subtitle, and
''(3) a report containing the final results of its study and its
recommendations therefrom by July 1, 1986.
''Sec. 1222. (a) The heads of Executive agencies, the General
Accounting Office, the International Trade Commission, and the
Congressional Budget Office shall, to the extent permitted by law,
provide the Commission such information as it may require in carrying
out its duties and functions.
''(b) Members of the Commission shall serve without any additional
compensation for work on the Commission. However, members appointed
from among private citizens of the United States may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
law for persons serving intermittently in the government service under
sections 5701 through 5707 of title 5, United States Code.
''(c) To the extent there are sufficient funds available to the
Commission in advance under section 1223 of this subtitle, and subject
to such rules as may be adopted by the Commission, the chairman, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, shall have
the power to --
''(1) appoint and fix the compensation of a director; and
''(2) appoint and fix the compensation of such additional staff
personnel as the Commission determines necessary to carry out its duties
and functions.
''(d) Upon request of the Commission, the Secretary of Agriculture
shall furnish the Commission with such personnel and support services as
are necessary to assist the Commission in carrying out its duties and
functions.
''(e) Upon request of the Commission, the heads of other Executive
agencies and the General Accounting Office are each authorized to
furnish the Commission with such personnel and support services as the
head of the agency or office and the chairman of the Commission agree
are necessary to assist the Commission in carrying out its duties and
functions.
''(f) The Commission shall not be required to pay or reimburse any
agency or office for personnel and support services provided under this
section.
''(g) In accordance with section 12 of the Federal Advisory Committee
Act (5 App. U.S.C.), the Secretary of Agriculture shall maintain such
financial records as will fully disclose the disposition of any funds
that may be at the disposal of the Commission and the nature and extent
of its activities, and the Comptroller General of the United States, or
any of the Comptroller General's authorized representatives, shall have
access to such records for the purpose of audit and examination.
''(h) The Commission shall be exempt from section 7(d), section 10(
e), section 10(f), and section 14 of the Federal Advisory Committee Act
(5 App. U.S.C.).
''(i) The Commission shall be exempt from the requirements of
sections 4301 through 4305 of title 5, United States Code.
''Sec. 1223. (a) Following the appointment or designation of the
members of the Commission, notwithstanding the provisions of section
1342 of title 31, United States Code, the Secretary of Agriculture may
receive, from persons, corporations, foundations, and all other groups
and entities within the United States, contributions of money and
services to assist the Commission in carrying out its duties and
functions. Any money contributed under this section shall be available
to the Commission for the payment of salaries, travel expenses, per
diem, and other expenses incurred by the Commission under this subtitle.
In no event may the contributions from any one person, corporation,
foundation, or other group or entity exceed 5 per centum of the
Commission's total budget.
''(b) If the contributions provided under subsection (a) are
insufficient for payment of Commission salaries, travel expenses, per
diem, and other expenses incurred by the Commission under this subtitle,
the Secretary of Agriculture is authorized to use the funds of the
Commodity Credit Corporation for such purposes in an amount not to
exceed a total of $1,000,000.
''(c) The Secretary of Agriculture shall keep, and shall make
available for public inspection during normal business hours, records
that fully disclose a complete list of every person, group, and entity
making a contribution under this section, the address of the
contributor, the amount and type of each such contribution, and the date
the contribution was made.
''(d) Any amount of money available to the Commission under this
section that remains unobligated upon termination of the Commission
shall be deposited in the Treasury as miscellaneous receipts.
''Sec. 1224. The Commission shall terminate sixty days after the
transmission of its final report to the President and Congress.''
Pub. L. 95-113, title XII, 1209, Sept. 29, 1977, 91 Stat. 957,
provided that: ''It is the sense of Congress that there be no
discrimination between 'price-supported' and 'nonprice-supported'
commodities in the programming of commodities under the Agricultural
Trade Development and Assistance Act of 1954, as amended (Public Law
480) (which enacted this chapter and amended sections 1427 and 1431 of
this title).''
Pub. L. 95-113, title XII, 1210, Sept. 29, 1977, 91 Stat. 957,
required the Secretary of Agriculture, not later than eighteen months
after Sept. 29, 1977, to appoint a special task force to review and
report to Congress upon the administration of the Agricultural Trade
Development and Assistance Act of 1954, 7 U.S.C. 1961 et seq.
Ex. Ord. No. 10560, Sept. 13, 1954, 19 F.R. 5927, as amended by Ex.
Ord. No. 10575, Nov. 8, 1954, 19 F.R. 7249; Ex. Ord. No. 10685, Oct.
29, 1956, 21 F.R. 8261; Ex. Ord. No. 10708, May 6, 1957, 22 F.R. 3213;
Ex. Ord. No. 10746, Dec. 13, 1957, 22 F.R. 10027; Ex. Ord. No. 10773,
July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R.
6971; Ex. Ord. No. 10799, Jan. 16, 1959, 24 F.R. 447; Ex. Ord. No.
10827, June 25, 1959, 24 F.R. 5233; Ex. Ord. No. 10884, Aug. 17, 1960,
25 F.R. 8019, which provided for the delegation of administrative
functions, was superseded by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.
R. 143, formerly set out as a note under this section, and was revoked
by section 1-502(a) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R.
44247, formerly set out as a note under this section.
Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261, which designated
the International Cooperation Administration as the Federal agency to
which funds required for ocean freight costs could be transferred by the
Commodity Credit Corporation, was superseded by Ex. Ord. No. 10900,
Jan. 5, 1961, 26 F.R. 143, formerly set out as a note under this
section, and was revoked by section 1-502(b) of Ex. Ord. No. 12220,
June 27, 1980, 45 F.R. 44247, formerly set out as a note under this
section.
Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, as amended by Ex.
Ord. No. 10915, Jan. 24, 1961, 26 F.R. 781; Ex. Ord. No. 10972, Nov.
3, 1961, 26 F.R. 10469; Ex. Ord. No. 11036, July 1, 1962, 27 F.R.
6653; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No.
11963, Jan. 19, 1977, 42 F.R. 4325; Ex. Ord. No. 12148, July 20, 1979,
44 F.R. 43239; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673,
which related to the delegation of administrative functions, was revoked
by section 1-501 of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247,
formerly set out as a note under this section.
Ex. Ord. No. 11252, Oct. 20, 1965, 30 F.R. 13507, as amended by Ex.
Ord. No. 12527, Aug. 7, 1985, 50 F.R. 32157, which transferred to the
Secretary of State all functions of the Director of the Food-For-Peace
Program, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R.
7237.
Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44245, which provided for
delegation of administrative functions relating to agricultural trade
development, was revoked by section 6 of Ex. Ord. No. 12752, Feb. 25,
1991, 56 F.R. 8256, set out below.
Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8255, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), as
amended by Public Law 101-624 (''Agricultural Trade Development Act''),
the Food for Progress Act of 1985 (7 U.S.C. 1736o), as amended by Public
Law 101-624 (''Food for Progress Act''), and section 301 of title 3 of
the United States Code, it is hereby ordered as follows:
Section 1. Establishment of Programs. There is hereby established:
(a) a program under title I of the Agricultural Trade Development Act
(7 U.S.C. 1701 et seq.) to provide for the sale of agricultural
commodities to developing countries. Such program shall be implemented
by the Secretary of Agriculture (hereafter referred to as the
''Secretary'').
(b) a program under title II of the Agricultural Trade Development
Act (7 U.S.C. 1721 et seq.) to provide for the donation of agricultural
commodities to foreign countries. Such program shall be implemented by
the Administrator of the Agency for International Development (hereafter
referred to as the ''Administrator'').
(c) a program under title III of the Agricultural Trade Development
Act (7 U.S.C. 1727 et seq.) to provide for the donation of agricultural
commodities to least developed countries. Such program shall be
implemented by the Administrator.
Sec. 2. International Negotiations and Accounting for Foreign
Currencies. (a) The Secretary with respect to title I, and the
Administrator with respect to titles II and III of the Agricultural
Trade Development Act, shall negotiate and execute agreements under the
Agricultural Trade Development Act in accord with section 112b of title
I (sic) of the United States Code and applicable regulations and
procedures of the Department of State.
(b)(1) Foreign currencies that accrue to the United States under
titles I and III of the Agricultural Trade Development Act may be used
for the purposes set forth in section 104 and section 306 of that Act (7
U.S.C. 1704, 1727e), respectively, in amounts consistent with applicable
provisions of law and agreements. Such foreign currencies shall be
subject to regulations of the Department of the Treasury governing the
purchase, custody, deposit, transfer, and sale of foreign currencies
received under the Agricultural Trade Development Act.
(2) The Director of the Office of Management and Budget (hereafter
referred to as the ''Director'') shall determine the amount of foreign
currencies to be used for the purposes of section 104(c)(8) of the
Agricultural Trade Development Act, and such purposes shall be carried
out by the agencies with authority to pay the obligations abroad. The
purposes of the remaining paragraphs of section 104(c) of that Act shall
be carried out by the Department of Agriculture, utilizing, where
appropriate, the expertise of other agencies.
(3) The Secretary and Administrator shall transmit the reports
required by the provisions of paragraph 5 of the Act of August 13, 1957
(71 Stat. 345; 7 U.S.C. 1704a), as related to the use of foreign
currencies accruing under title I and title III of the Agricultural
Trade Development Act, respectively.
Sec. 3. Policy Coordination. (a) To ensure policy coordination of
assistance provided under the Agricultural Trade Development Act and the
Food for Progress Act, there is hereby established a Food Assistance
Policy Council (hereafter referred to as the ''Council'').
(b) The Council will include senior representatives of the Department
of Agriculture, the Agency for International Development, the Department
of State, and the Office of Management and Budget. Meetings of the
Council shall be called by the Secretary or his designee at the request
of any senior representative of the Council.
(c) The Council shall advise the President on appropriate policies
under the Agricultural Trade Development Act and the Food for Progress
Act and shall coordinate decisions on allocations and other policy
issues, as well as prepare the report required by section 407(g)(1) of
the Agricultural Trade Development Act (7 U.S.C. 1736a(g)(1)).
(d) As necessary for effective coordination, the Council shall
provide its advice to the President through the appropriate
Cabinet-level body.
Sec. 4. Delegation of Responsibilities. (a) The consultation
required by section 401(a) of the Agricultural Trade Development Act (7
U.S.C. 1731(a)) shall be undertaken through the Council.
(b) The function conferred upon the President in section 403(j) of
the Agricultural Trade Development Act (7 U.S.C. 1733(j)) is hereby
delegated to the Secretary of State.
(c) The function conferred upon the President by section 407(h) of
the Agricultural Trade Development Act (7 U.S.C. 1736a(h)) is hereby
delegated to the Administrator.
(d) The functions conferred upon the President by section 411 of the
Agricultural Trade Development Act (7 U.S.C. 1736e) are hereby delegated
to the Secretary, in consultation with the Council and the Department of
the Treasury.
(e) The functions conferred upon the President by section 412(c) of
the Agricultural Trade Development Act (7 U.S.C. 1736f(c)) are hereby
delegated to the Director, who shall consult with the Council on these
functions.
(f) The functions conferred upon the President by title V of the
Agricultural Trade Development Act (7 U.S.C. 1737) are hereby delegated
to the Administrator.
(g) The functions conferred upon the President by the Food for
Progress Act, as amended (7 U.S.C. 1736o), are hereby delegated to the
Secretary.
Sec. 5. Regulatory Review. Policies, regulations, and analyses
required by this Executive order shall be fully consistent with the
standards and criteria, analyses and procedures set forth in Executive
Order Nos. 12291 and 12498 (5 U.S.C. 601 notes).
Sec. 6. Revocations. Executive Order No. 12220 of June 27, 1980, and
Executive Order No. 12583 of February 19, 1987, are revoked.
George Bush.
07 USC 1691a. Global food aid needs
TITLE 7 -- AGRICULTURE
In view of the principal findings of the National Research Council of
the National Academy of Sciences that doubling food aid above 1990
levels of about 10,000,000 metric tons per year would be necessary to
meet projected global food needs throughout the decade of the nineties,
it is the sense of Congress that the President should --
(1) increase the contributions of food aid by the United States, and
encourage other donor countries to increase their contributions toward
meeting new food aid requirements; and
(2) encourage other advanced nations to make increased food aid
contributions to combat world hunger and malnutrition, particularly
through the expansion of international food and agricultural assistance
programs.
(July 10, 1954, ch. 469, 3, as added Dec. 20, 1975, Pub. L. 94-161,
title II, 202, 89 Stat. 851, and amended Nov. 28, 1990, Pub. L.
101-624, title XV, 1512, 104 Stat. 3633.)
1990 -- Pub. L. 101-624 amended section generally, substituting
present provisions for provisions urging President to maintain United
States food assistance and encourage other countries to increase their
contributions, in order to meet annual goal of World Food Conference of
providing 10,000,000 tons of food assistance annually for needy nations.
Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section
1513 of Pub. L. 101-624, set out as a note under section 1691 of this
title.
Pub. L. 94-161, title II, 213, Dec. 20, 1975, 89 Stat. 855, which
directed the President to strengthen the efforts of the United States to
carry out the recommendations of the World Food Conference and to submit
a detailed report to the Congress not later than Nov. 1, 1976, was
repealed by Pub. L. 97-113, title VII, 734(a)(7), Dec. 29, 1981, 95
Stat. 1560.
07 USC SUBCHAPTER I -- BARTER
TITLE 7 -- AGRICULTURE
07 USC 1692. Transferred
TITLE 7 -- AGRICULTURE
Section, acts July 10, 1954, ch. 469, title III, 310, formerly 303,
68 Stat. 459; Sept. 6, 1958, Pub. L. 85-931, 6, 72 Stat. 1791; July
29, 1968, Pub. L. 90-436, 7, 82 Stat. 451; renumbered Aug. 3, 1977,
Pub. L. 95-88, title II, 211(a)(1), 91 Stat. 548, which related to
bartering authority of Secretary, was transferred to section 1727g of
this title.
07 USC 1693 to 1697. Repealed. Pub. L. 89-808, 2(D), Nov. 11, 1966, 80
Stat. 1535
TITLE 7 -- AGRICULTURE
Section 1693, acts July 10, 1954, ch. 469, title III, 304, 68 Stat.
459; Aug. 13, 1957, Pub. L. 85-128, 1(6), 71 Stat. 345; Oct. 8,
1964, Pub. L. 88-638, 1(16), 78 Stat. 1037, provided for assistance to
friendly nations in being independent of Russian or Communist Chinese
trade, prevention of increased availability of commodities to unfriendly
nations, and nonauthorization of transactions with Russia or Communist
China. See section 1703(j) of this title.
Section 1694, acts July 10, 1954, ch. 469, title III, 305, 68 Stat.
459; Sept. 21, 1959, Pub. L. 86-341, title I, 10, 73 Stat. 607,
provided for identification of packages and containers by appropriate
markings. See section 1722 of this title.
Section 1695, act July 10, 1954, ch. 469, title III, 306, as added
Sept. 21, 1959, Pub. L. 86-341, title I, 11, 73 Stat. 608, provided
for distribution of surplus food commodities to needy persons in United
States: authorization, term of program, and cost limitation; duties of
Secretary of Agriculture; issuance of food stamps and their redemption;
receipt of benefits not deemed income or resources under provisions of
other laws; availability of surplus foods for distribution; definition
of needy person; report to Congress; and authorization of
appropriations. See Food Stamp Program classified to chapter 51 of this
title.
Section 1696, act July 10, 1954, ch. 469, title III, 307, as added
Sept. 21, 1959, Pub. L. 86-341, title I, 12, 73 Stat. 609, provided
for availability of surplus commodities for distribution to needy
families and persons in United States. See Food Stamp Program
classified to chapter 51 of this title and provisions of section 1721 et
seq. of this title relating to donations of food on a
government-to-government basis and through voluntary organizations.
Section 1697, act July 10, 1954, ch. 469, title III, 308, as added
Sept. 21, 1959, Pub. L. 86-341, title I, 13, 73 Stat. 609, and
amended Sept. 27, 1962, Pub. L. 87-703, title II, 203, 76 Stat. 611,
related to disposal of animal fats and edible oils. See section 1721 et
seq. of this title.
Repeal effective Jan. 1, 1967, see section 5 of Pub. L. 89-808, set
out as an Effective Date of 1966 Amendment note under section 1691 of
this title.
07 USC SUBCHAPTER II -- TRADE AND DEVELOPMENT ASSISTANCE
TITLE 7 -- AGRICULTURE
sections 2103, 2291; title 46 App. section 1241f.
07 USC 1701. Trade and development assistance
TITLE 7 -- AGRICULTURE
(a) In general
The President shall establish a program under this subchapter to
provide for the sale of agricultural commodities to developing countries
for dollars on credit terms, or for local currencies (including for
local currencies on credit terms) for use under this subchapter. Such
program shall be implemented by the Secretary.
(b) General authority
To carry out the policies and accomplish the objectives described in
section 1691 of this title, the Secretary may negotiate and execute
agreements with developing countries to finance the sale and exportation
of agricultural commodities to such countries.
(July 10, 1954, ch. 469, title I, 101, 68 Stat. 455; Sept. 6, 1958,
Pub. L. 85-931, 1, 72 Stat. 1790; Aug. 8, 1961, Pub. L. 87-128, title
II, 201(1), 75 Stat. 306; Dec. 16, 1963, Pub. L. 88-205, pt. IV, 403(
a), 77 Stat. 390; Oct. 8, 1964, Pub. L. 88-638, 1(1), (2), 78 Stat.
1035; Nov. 11, 1966, Pub. L. 89-808, 2(B), 80 Stat. 1526; Dec. 29,
1981, Pub. L. 97-113, title IV, 401(1), 95 Stat. 1537; Dec. 23, 1985,
Pub. L. 99-198, title XI, 1111(c), 99 Stat. 1474; Dec. 22, 1987, Pub.
L. 100-202, 8, 101 Stat. 1329-447; Nov. 28, 1990, Pub. L. 101-624,
title XV, 1512, 104 Stat. 3633.)
1990 -- Pub. L. 101-624 amended section generally, substituting
present provisions for provisions authorizing President to negotiate
agreements with friendly countries for sales of commodities for dollars
on credit terms, or for foreign currencies, on credit or on terms
permitting conversion to dollars, setting minimum level for sales in
foreign currencies, limiting extent of sales for foreign currency to
amounts that can be productively used in private sector of foreign
country, and requiring that sales for foreign currency through financial
intermediaries be on terms and conditions specified in agreements.
1987 -- Subsec. (b)(1). Pub. L. 100-202, 8(1), inserted provisions
which required for each of fiscal years 1988 through 1990 that each
agreement provide for some sale of foreign currencies for use under
section 1708 of this title unless the President determines that the
level of agricultural commodities furnished under this subchapter will
be significantly reduced as a result of this sentence.
Subsec. (b)(2). Pub. L. 100-202, 8(2), inserted '', or enter into
sales agreements not providing for sales for foreign currencies for use
under section 1708 of this title,'' after ''currencies''.
1985 -- Pub. L. 99-198 in amending section generally, incorporated
existing text in provisions designated subsec. (a) and added subsecs.
(b) to (d).
1981 -- Pub. L. 97-113 substituted '', to the extent that sales for
dollars under the terms applicable to such sales are not possible, for
foreign currencies on credit terms and on terms which permit conversion
to dollars at the exchange rate applicable to the sales agreement'' for
''for foreign currencies''.
1966 -- Pub. L. 89-808 substituted ''agreements with friendly
countries to provide for the sale of agricultural commodities for
dollars on credit terms or for foreign currencies'' for ''agreements
with friendly nations or organizations of friendly nations to provide
for the sale of surplus agricultural commodities for foreign
currencies'' and struck out subsecs. (a) to (d), (f), and (g), relating
to safeguarding usual marketings and disruption of world prices and
normal patterns of commercial trade with friendly countries, use of
private channels to maximum extent practicable, development and
expansion of foreign markets, restrictive commitments from participating
countries, exchange rates, and currency conversion, now covered by
section 1703(c), (e) to (h), and (m)(1) of this title, respectively, and
subsec. (e), relating to maximum opportunity for friendly nation to
purchase surplus agricultural commodities.
1964 -- Subsec. (f). Pub. L. 88-638, 1(1), inserted '', and which
are not less favorable than the highest of exchange rates obtainable by
any other nation'', and struck out ''from the government or agencies
thereof'' before ''in the respective countries''.
Subsec. (g). Pub. L. 88-638, 1(2), added subsec. (g).
1963 -- Subsec. (f). Pub. L. 88-205 substituted ''the highest of
exchange rates legally obtainable from the Government or agencies
thereof'' for ''the rates at which United States Government agencies can
buy currencies from the United States disbursing officers''.
1961 -- Subsec. (f). Pub. L. 87-128 added subsec. (f).
1958 -- Subsec. (a). Pub. L. 85-931 required President to take
reasonable precautions to assure that sales of surplus commodities would
not disrupt normal patterns of commercial trade with friendly countries.
Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section
1513 of Pub. L. 101-624, set out as a note under section 1691 of this
title.
Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5
of Pub. L. 89-808, set out as a note under section 1691 of this title.
Pub. L. 90-7, Apr. 1, 1967, 81 Stat. 7, provided: ''That the
Congress approves the participation of the United States in cooperation
with other countries and with multilateral organizations, including the
International Bank for Reconstruction and Development, the Organization
for Economic Cooperation and Development, the Food and Agriculture
Organization, and others, in urgent international efforts designed to --
''(a) develop a comprehensive self-help approach to the war on hunger
based on a fair sharing of the burden among the nations of the world;
''(b) encourage and assist the Government of India in achieving food
self-sufficiency; and
''(c) help meet India's critical food and nutritional needs by making
available agricultural commodities or other resources needed for food
procurement or production.
''Because uncertainty in connection with Public Law 480 transactions
tends to depress market prices, it is the sense of Congress that, in
carrying out this Aid to India program, the Administration should,
subject to the requirement of section 401 of Public Law 480 (section
1731 of this title) with respect to the availability of the commodity at
the time of exportation, make announcements of intention, purchases and
shipments of commodities on schedules and under circumstances which will
protect and strengthen farm market prices to the maximum extent
possible.
''The Congress endorses the President's policy of equal participation
on the part of the United States with all other nations, under terms and
conditions set forth in Public Law 480, as amended (this chapter), in
assisting the Government of India to meet these needs.
''Further, the Congress recommends, on the basis of estimates now
available, that the United States provide an additional amount of food
grain not to exceed three million tons at an estimated cost of
$190,000,000 as the United States share toward meeting the India food
deficit, provided it is appropriately matched, and specifically extends
its support to the allocation of approximately $190,000,000 of funds
available to the Commodity Credit Corporation in calendar year 1967
which will be required to accomplish this purpose.
''The Congress further recommends that the President provide an
additional $25,000,000 of emergency food relief for distribution by CARE
and other American voluntary agencies.''
Section 8 of Pub. L. 85-931 as amended by Pub. L. 89-808, 3(d),
Nov. 11, 1966, 80 Stat. 1538, provided that: ''In carrying out the
provisions of the Agricultural Trade Development and Assistance Act of
1954, as amended (this chapter), extra long staple cotton shall be made
available for sale pursuant to the provisions of title I of the Act
(this subchapter) in the same manner as upland cotton or any other
surplus agricultural commodity is made available, and products
manufactured entirely from upland or long staple cotton shall be made
available for sale pursuant to the provisions of title I of the Act
(this subchapter) as long as cotton is in surplus supply in the same
manner as any other agricultural commodity or product is made available,
and no discriminatory or other conditions shall be imposed which will
prevent or tend to interfere with their sale or availability for sale
under the Act (this chapter).''
Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5
of Pub. L. 89-808, set out as a note under section 1691 of this title.
Section 3 of act Aug. 3, 1956, ch. 933, 70 Stat. 988, provided
that: ''Sales of fresh fruit and the products thereof under title I of
the Act (sections 1701 to 1704, 1705 to 1707, 1708 to 1711 of this
title) shall be exempt from the requirements of the cargo preference
laws (Public Resolution 17, Seventy-third Congress (46 App. U.S.C.
1241-1) and section 901(b) of the Merchant Marine Act, 1936 (46 App. U.
S.C. 1241(b))).''
Program under this subchapter to provide for sale of agricultural
commodities to developing countries to be implemented by Secretary of
Agriculture, see Ex. Ord. No. 12752, 1(a), Feb. 25, 1991, 56 F.R.
8255, set out as a note under section 1691 of this title.
07 USC 1702. Eligible countries
TITLE 7 -- AGRICULTURE
(a) In general
A country shall be considered to be a developing country and eligible
for assistance under this subchapter if such country has a shortage of
foreign exchange earnings and has difficulty meeting all of its food
needs through commercial channels, as determined by the Secretary.
(b) Priority
In determining whether and to what extent agricultural commodities
will be made available to developing countries under this subchapter,
the Secretary shall give priority to developing countries that --
(1) demonstrate the greatest need for food;
(2) are undertaking measures for economic development purposes to
improve food security and agricultural development, alleviate poverty,
and promote broad-based equitable and sustainable development; and
(3) have the demonstrated potential to become commercial markets for
competitively priced United States agricultural commodities.
(July 10, 1954, ch. 469, title I, 102, 68 Stat. 455; Apr. 25, 1955,
ch. 27, 69 Stat. 44; Oct. 8, 1964, Pub. L. 88-638, 1(3), 78 Stat.
1035; Nov. 11, 1966, Pub. L. 89-808, 2(B), 80 Stat. 1526; July 29,
1968, Pub. L. 90-436, 9, 82 Stat. 451; Aug. 3, 1977, Pub. L. 95-88,
title II, 201(a), 91 Stat. 545; Sept. 29, 1977, Pub. L. 95-113, title
XII, 1201, 91 Stat. 955; Nov. 28, 1990, Pub. L. 101-624, title XV,
1512, 104 Stat. 3634.)
1990 -- Pub. L. 101-624 amended section generally, substituting
present provisions for provisions authorizing Commodity Credit
Corporation to finance sales from its own and private stocks, and
allowing it, upon request, to serve as purchasing and/or shipping agent.
1977 -- Pub. L. 95-113 inserted provisions authorizing the
Corporation, when requested by the purchaser of commodities, to serve as
the purchasing or shipping agent, or both, in arranging the purchasing
or shipping of the commodities.
Pub. L. 95-88 struck out proviso prohibiting the financing by the
Commodity Credit Corporation of the sale and export of agricultural
commodities where the exporter had engaged in any sales, trade, or
commerce with North Vietnam, or with any resident thereof, or which
owned or controlled any company so engaged either directly or
indirectly, and struck out an additional proviso requiring that
financing applications be accompanied by statements in which were listed
the branches, etc., in which the applicant had a controlling interest
and the companies which had a controlling interest in the applicant
company.
1968 -- Pub. L. 90-436 inserted proviso that the Commodity Credit
Corporation should not finance the sale and export of any agricultural
commodities where the exporter has engaged in any sales, trade or
commerce with North Vietnam, or with any resident thereof, or which owns
or controls any company so engaged, or which is owned or controlled by
any company or person so engaged either directly or indirectly, and the
further proviso that the financing application be accompanied by a
statement in which are listed the branches, etc., in which the applicant
has a controlling interest and the companies which have a controlling
interest in the applicant company.
1966 -- Pub. L. 89-808 incorporated provisions formerly constituting
subsec. (a)(2), and struck out other provisions of subsec. (a) and
(a)(1) relating to availability of stocks acquired in price support
operations and ocean freight charges, such charges now covered by
section 1708 of this title, and subsec. (b) for letters of commitment
against funds or guaranties and establishment of accounts.
1964 -- Subsec. (a). Pub. L. 88-638 authorized Commodity Credit
Corporation to finance ocean freight charges incurred under agreements
entered into after Dec. 31, 1964, to extent such charges are higher
because of requirement that commodities be shipped in United States flag
vessels, and provided that such agreements require balance of such
charges to be paid in dollars.
1955 -- Subsec. (a). Act Apr. 25, 1955, struck out requirement that
exporters of privately owned stocks acquire an equivalent quantity of
Commodity Credit Corporation stocks.
Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section
1513 of Pub. L. 101-624, set out as a note under section 1691 of this
title.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
Section 215 of Pub. L. 95-88 provided that: ''The provisions of
this title (enacting sections 1712 to 1714 and 1727 to 1727f of this
title, amending this section and sections 1427, 1431, 1692, 1703, 1706,
1711, 1721, 1722, 1723, 1726, 1731, and 1736b of this title, and
enacting provisions set out as notes under sections 1708 and 1722 of
this title) shall become effective October 1, 1977.''
Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5
of Pub. L. 89-808, set out as a note under section 1691 of this title.
07 USC 1703. Terms and conditions of sales
TITLE 7 -- AGRICULTURE
(a) Payment
(1) Dollars
Except as provided in paragraph (2), agreements under this subchapter
shall require that payment for agricultural commodities be made in
dollars.
(2) Local currencies
(A) In general
The Secretary may permit a recipient country to make payment under an
agreement under this subchapter in the local currency of such country in
order to use the proceeds from such payments to carry out activities
under section 1704 of this title.
(B) Rates of exchange
Payments in local currency shall be at rates of exchange that are no
less favorable than the highest exchange rate legally obtainable in the
country and that are no less favorable than the highest exchange rate
obtainable by any other country.
(b) Interest
Such agreements shall provide that interest accrue on the payment
deferred under such agreement at a concessional rate as determined
appropriate by the Secretary.
(c) Duration
Payments required under such agreements may be made in reasonable
annual amounts over the period (not less than 10 nor more than 30 years
from the date of the last delivery of commodities in each year under
such agreement) specified in the agreement.
(d) Deferral of payments
The Secretary may defer the date on which the recipient country is
required to begin making payment, under such agreements, for a period of
not in excess of 7 years after the date of the last delivery of
commodities in each year under the agreement, and interest shall be
computed from the date of such last delivery.
(e) Delivery of commodities
Delivery of the commodities shall be made in accordance with the
terms of the agreement.
(July 10, 1954, ch. 469, title I, 103, 68 Stat. 456; Aug. 12, 1955,
ch. 873, 1, 69 Stat. 721; May 28, 1956, ch. 327, title II, 208(a), 70
Stat. 201; Aug. 3, 1956, ch. 933, 1, 70 Stat. 988; Aug. 13, 1957, Pub.
L. 85-128, 1(2), 71 Stat. 345; Sept. 6, 1958, Pub. L. 85-931, 2, 72
Stat. 1790; Sept. 21, 1959, Pub. L. 86-341, title I, 2, 73 Stat. 606;
May 4, 1961, Pub. L. 87-28, 75 Stat. 64; Aug. 8, 1961, Pub. L. 87-128,
title II, 201(2), 75 Stat. 306; Oct. 8, 1964, Pub. L. 88-638, 1(4),
(5), 78 Stat. 1035; Nov. 11, 1966, Pub. L. 89-808, 2(B), 80 Stat. 1526;
July 29, 1968, Pub. L. 90-436, 4, 5, 82 Stat. 450; Nov. 30, 1970,
Pub. L. 91-524, title VII, 703, as added Aug. 10, 1973, Pub. L. 93-86,
1(26), 87 Stat. 237; Oct. 18, 1973, Pub. L. 93-125, 1(e), 87 Stat. 450;
Dec. 20, 1975, Pub. L. 94-161, title II, 203, 89 Stat. 851; Aug. 3,
1977, Pub. L. 95-88, title II,
201(b), 211(b)(1), 91 Stat. 545, 551; Oct. 6, 1978, Pub. L. 95-424,
title I, 102(b)(2)(B), 92 Stat. 941; Aug. 14, 1979, Pub. L. 96-53,
title II, 201, 93 Stat. 368; Dec. 29, 1981, Pub. L. 97-113, title IV,
401(2)-(4), 95 Stat. 1537; Dec. 23, 1985, Pub. L. 99-198, title XI,
1111(d), 99 Stat. 1475; Dec. 22, 1987, Pub. L. 100-202, 9, 101 Stat.
1329-448; Nov. 28, 1990, Pub. L. 101-624, title XV, 1512, 104 Stat.
3634.)
1990 -- Pub. L. 101-624 amended section generally, substituting
present provisions for provisions requiring President to consider
efforts of recipients to increase agricultural production, determine
amount needed in foreign currencies, protect other markets for United
States commodities, make sales only to friendly countries, use private
trade channels whenever practicable, consider expansion of markets,
prevent resale by recipients, obtain favorable exchange rates, emphasize
production of food crops, assist friendly countries in avoiding
Communist domination, require payment of at least 5 per centum of
purchase price upon delivery in dollars or convertible currency, obtain
commitments from recipients to publicize source of food, require
convertibility of foreign currencies, avoid displacement of sales that
would otherwise have been made, assure United States obtains fair share
in increase of commercial purchases by recipients, assure convertibility
of foreign currencies at uniform exchange rates, and favor countries
promoting private sector in allocation of commodities.
1987 -- Subsec. (r). Pub. L. 100-202 added subsec. (r).
1985 -- Subsec. (b). Pub. L. 99-198, 1111(d)(1), inserted '', in
section 1708 of this title,'' after ''section 1704 of this title''.
Subsec. (d). Pub. L. 99-198, 1111(d)(2), struck out ''for dollars on
credit terms'' after ''agricultural commodities''.
Subsec. (m). Pub. L. 99-198, 1111(d)(3), inserted introductory text
''except as provided in section 1708 of this title,'' substituted a
period for the semicolon at end of cl. (2), and inserted provisions
respecting period for convertibility of foreign currencies into dollars
and establishment in the agreement for sale of a schedule for conversion
without specifying the exchange rate.
Subsec. (n). Pub. L. 99-198, 1111(d)(4), struck out ''for dollars on
credit terms'' after ''sales'' and ''for cash dollars'' after ''made''.
Subsec. (o). Pub. L. 99-198, 1111(d)(5), substituted ''take'' for
''Take''.
Subsecs. (p), (q). Pub. L. 99-198, 1111(d)(6), (7), substituted
''except as provided in section 1708 of this title, assure
convertibility'' for ''Assure convertibility''.
1981 -- Subsec. (b). Pub. L. 97-113, 401(2), struck out requirement
that President take steps to assure a progressive transition from sales
for foreign currencies to sales for dollars (or to the extent that
transition to sales for dollars under the terms applicable to such sales
is not possible, transition to sales for foreign currencies on credit
terms no less favorable to the United States than those for development
loans made under section 2151t of title 22, and on terms which permit
conversion to dollars at the exchange rate applicable to the sales
agreement) at a rate whereby the transition can be completed by Dec.
31, 1971; and struck out reference to subsec. (c) of section 1704 of
this title.
Subsec. (d). Pub. L. 97-113, 401(3), in defining ''friendly
country'', struck out provision excluding from term ''for the purpose
only of sales of agricultural commodities for foreign currencies under
this subchapter, any country or area dominated by a Communist
government''.
Subsec. (l). Pub. L. 97-113, 401(4), struck out requirement that
President obtain commitments from friendly purchasing countries that
will insure, insofar as practicable, that food commodities sold for
foreign currencies under this subchapter shall be marked or identified
at point of distribution or sale as being provided on a concessional
basis to the recipient government through the generosity of the people
of the United States of America.
1979 -- Subsec. (f). Pub. L. 96-53 substituted provisions requiring
Presidential consideration to the development and expansion of markets
for United States agricultural commodities and local foodstuffs, for
provisions requiring special Presidential consideration to the
development and expansion of foreign markets for United States
agricultural commodities.
1978 -- Subsec. (b). Pub. L. 95-424 substituted ''section 2151t of
title 22'' for ''section 2161 of title 22''.
1977 -- Subsec. (b). Pub. L. 95-88, 211(b)(1), substituted ''and in
subchapters I and III-A of this chapter'' for ''and in section 1706(
b)(2) of this title'' after ''uses specified in subsections (a), (b),
(c), (e), and (h) of section 1704''.
Subsec. (d). Pub. L. 95-88, 201(b), struck out provisions that
''friendly country'' not include, for the purpose only of sales of
agricultural commodities under this subchapter, any nation which sold or
furnished or permitted ships or aircraft under its registry to transport
to or from Cuba or North Vietnam (excluding United States installations
in Cuba) any equipment, materials, or commodities so long as they were
governed by a Communist regime: Provided, That this exclusion from the
definition of ''friendly country'' could be waived by the President if
he determined that such waiver was in the national interest and reported
such determination to the Congress within 10 days of the date of such
determination, and struck out provisions that ''friendly country'' also
not include, for the purposes only of sales under this subchapter, the
United Arab Republic, unless the President determined that such sale was
in the national interest of the United States, that no sales to the
United Arab Republic be based upon the requirements of that nation for
more than one fiscal year, and that the President keep the President of
the Senate and the Speaker of the House of Representatives fully and
currently informed with respect to sales made to the United Arab
Republic under this subchapter.
1975 -- Subsec. (a). Pub. L. 94-161, 203(1), substituted ''efforts
to increase their own agricultural production, especially through small,
family farm agriculture, to improve their facilities for transportation,
storage, and distribution of food commodities, and to reduce their rate
of population growth'' for ''efforts to meet their problems of food
production and population growth''.
Subsec. (b). Pub. L. 94-161, 203(2), substituted ''section 1704 and
in section 1706(b)(2) of this title'' for ''section 1704 of this
title''.
Subsec. (d). Pub. L. 94-161, 203(3), substituted second proviso
''Provided, That this exclusion from the definition of 'friendly
country' may be waived by the President if he determines that such
waiver is in the national interest and reports such determination to the
Congress within 10 days of the date of such determination'' for
''Provided, That with respect to furnishing, selling, or selling and
transporting to Cuba medical supplies, non-strategic raw materials for
agriculture, and non-strategic agricultural or food commodities, sales
agreements may be entered into if the President finds with respect to
each such country and so informs the Senate and the House of
Representatives of the reasons therefor, that the making of each such
agreement would be in the national interest of the United States and all
such findings and reasons therefor shall be published in the Federal
Register''.
1973 -- Subsec. (o). Pub. L. 93-125 made technical correction to
Pub. L. 93-86, see 1973 Amendment note below.
Pub. L. 91-524, 703, as added by Pub. L. 93-86 as amended by Pub.
L. 93-125, inserted ''and that commercial supplies are available to meet
demands developed through programs carried out under this chapter.''
before the semicolon at end.
1968 -- Subsec. (b). Pub. L. 90-436, 4, made mandatory, except when
determined by President to be inconsistent with objectives of this
chapter, proviso that President, in agreements for credit sales, require
immediate payment in dollars or in foreign currencies upon delivery of
agricultural commodities, such payment to be considered as an advance
payment of earliest obligations.
Subsecs. (o) to (q). Pub. L. 90-436, 5, added subsecs. (o) to (q).
1966 -- Subsec. (a). Pub. L. 89-808 substituted provisions
respecting self-help measures for meeting problems of food production
and population growth for former provisions for appropriations for
reimbursement of Commodity Credit Corporation, advance use of other
funds, and classification of expenditures, now provided for in part by
section 1733 of this title.
Subsec. (b). Pub. L. 89-808 substituted provisions respecting taking
steps to assure a progressive transition from sales for foreign
currencies to sales for dollars (such transition to be completed by
December 31, 1971) but authorizing payment in foreign currencies for
purposes of section 1704(a) to (c), (e), and (h) of this title for
former limitation on transactions, now provided for by section 1710 of
this title.
Subsec. (c). Pub. L. 89-808 redesignated provisions of former section
1701(a) of this title as subsec. (c), substituting ''subchapter'' for
''chapter''.
Subsec. (d). Pub. L. 89-808 redesignated provisions of former section
1707 of this title as subsec. (d), provided for sales agreements only
with friendly countries and for periodic reports to Congress of status
of such countries, deleted from definition of ''friendly country''
(formerly ''friendly nation'') clause ''(1) the U. S.S.R.'',
redesignated cls. (2) to (4) as (1) to (3), substituted ''country'' for
''nation'', struck out ''or controlled'' after ''dominated'' in cl.
(2), amended cl. (3) to include North Vietnam, insert selling or
furnishing ships or aircraft, substitute ''so long as they are governed
by a Communist regime'' for '', so long as Cuba is governed by the
Castro regime'', and provided for entry into sales agreements when in
the national interest for furnishing, selling, or selling and
transporting to Cuba medical supplies, etc., upon information to
Congress and publication in Federal Register, designated existing
provisions as cl. (4), and substituted requirement of information to
the President of the Senate of sales to United Arab Republic rather than
the Foreign Relations Committee and Appropriations Committee of the
Senate.
Subsec. (e). Pub. L. 89-808 redesignated provisions of former section
1701(b) of this title as subsec. (e), inserting provision for the
taking of steps to assure that small business has adequate and fair
opportunity to participate in sales made under authority of this
chapter.
Subsec. (f). Pub. L. 89-808 redesignated provisions of former section
1701(c) of this title as subsec. (f), substituting ''the development
and expansion of foreign markets for United States agricultural
commodities'' for ''utilizing the authority and funds provided by this
chapter, in order to develop and expand continuous market demand abroad
for agricultural commodities'' and ''emphasis on more adequate storage,
handling, and food distribution facilities as well as long-term
development of new and expanding markets by encouraging economic
growth'' for ''emphasis on underdeveloped and new market areas''.
Subsec. (g). Pub. L. 89-808 redesignated provisions of former section
1701(d) of this title as subsec. (g), substituted ''obtain'',
''purchasing countries'', and ''subchapter'' for ''seek and secure'',
''participating countries'', and ''chapter'' and struck out ''surplus''
before ''agricultural commodities''.
Subsec. (h). Pub. L. 89-808 redesignated provisions of former section
1701(f) of this title as subsec. (h).
Subsec. (i). Pub. L. 89-808 added subsec. (i).
Subsec. (j). Pub. L. 89-808 incorporated in provisions added as
subsec. (j) former section 1693 of this title, substituting ''to be
independent of domination or control by any world Communist movement''
for ''to be independent of trade with the Union of Soviet Socialist
Republics or the Communist regime in China and with nations dominated or
controlled by the Union of Soviet Socialist Republics'' and ''sales
agreements under this subchapter with any government or organization
controlling a world Communist movement or with any country with which
the United States does not have diplomatic relations'' for
''transactions under this subchapter or subchapter I of this title with
the Union of Soviet Socialist Republics or any of the areas dominated or
controlled by the Communist regime in China'' and struck out provision
for prevention of increased availability of commodities to unfriendly
nations.
Subsec. (k). Pub. L. 89-808 added subsec. (k).
Subsec. (l). Pub. L. 89-808 added subsec. (l).
Subsec. (m). Pub. L. 89-808 redesignated provisions of former section
1701(g) of this title as par. (1) and added par. (2).
Subsec. (n). Pub. L. 89-808 incorporated in provisions added as
subsec. (n) part of former section 1734 of this title requiring the
Secretary to take such reasonable precautions as he determines necessary
to avoid replacing any sales which the Secretary found and determined
would otherwise be made for cash dollars.
1964 -- Subsec. (a). Pub. L. 88-638, 1(4), directed the President to
classify expenditures under this chapter as for international affairs
and finance rather than for agriculture and agricultural resources.
Subsec. (b). Pub. L. 88-638, 1(5), substituted ''1965'' for ''1962'',
''1966'' for ''1964'', and ''$2,700,000,000 plus any amount by which
agreements entered into in prior years have called or will call for
appropriations to reimburse the Commodity Credit Corporation in amounts
less than authorized for such prior years by this chapter as in effect
during such years'' for ''$4,500,000,000''.
1961 -- Subsec. (b). Pub. L. 87-128 substituted authorization
provision of $4,500,000,000 for period beginning January 1, 1962, and
ending December 31, 1964, with a limitation of $2,500,000,000 for any
one calendar year, for authorization provision of $1,500,000,000 plus
any amount by which agreements entered into in the preceding calendar
year called for appropriations in amount less than authorized for such
preceding year by this chapter as in effect during the preceding year
for period beginning January 1, 1960, and ending December 31, 1961.
Pub. L. 87-28 authorized agreements during the calendar year 1961
calling for appropriations of not more than $3,500,000,000 plus any
unused authority carried over from 1960.
1959 -- Subsec. (b). Pub. L. 86-341 substituted ''in any calendar
year during the period beginning January 1, 1960, and ending December
31, 1961'' for ''during the period beginning July 1, 1958, and ending
December 31, 1959'', ''$1,500,000,000'' for ''$2,250,000,000'', ''in the
preceding calendar year'' for ''in prior fiscal years'', ''for such
preceding year'' for ''for such prior fiscal years'', and ''during such
preceding year'' for ''during such fiscal years''.
1958 -- Subsec. (b). Pub. L. 85-931 amended subsec. (b) generally,
substituting ''Agreements entered into'' for ''Transactions carried
out'', providing for $2,250,000,000 for sales between July 1, 1958, and
Dec. 31, 1959, and for carrying over unused authorizations from one
fiscal to succeeding fiscal years, and striking out clause that
limitation on sales shall not be apportioned by year or by country and
shall be considered as an objective to be reached as rapidly as possible
within the safeguards of this chapter.
1957 -- Subsec. (b). Pub. L. 85-128 substituted ''$4,000,000,000''
for ''$3,000,000,000''.
1956 -- Subsec. (a). Act May 28, 1956, authorized appropriations
equal to all Commodity Credit Corporation funds expended for ocean
freight costs.
Subsec. (b). Act Aug. 3, 1956, increased from $1,500,000,000 to
$3,000,000,000 the limitation on sales.
1955 -- Subsec. (b). Act Aug. 12, 1955, increased from $700,000,000
to $1,500,000,000 the limitation on sales, and provided that this
limitation shall not be apportioned by year or by country.
Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section
1513 of Pub. L. 101-624, set out as a note under section 1691 of this
title.
Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
512(a) of Pub. L. 96-53, set out as a note under section 2151 of Title
22, Foreign Relations and Intercourse.
Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605
of Pub. L. 95-424, set out as a note under section 2151 of Title 22,
Foreign Relations and Intercourse.
Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section 215
of Pub. L. 95-88, set out as a note under section 1702 of this title.
Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5
of Pub. L. 89-808, set out as a note under section 1691 of this title.
Section 1(5) of Pub. L. 88-638 provided that the amendment made by
that section is effective Jan. 1, 1965.
Section 201(2) of Pub. L. 87-128 provided that the amendment made by
that section is effective Jan. 1, 1962.
Section 2 of Pub. L. 86-341 provided that the amendment made by that
section is effective Jan. 1, 1960.
07 USC 1704. Use of local currency payment
TITLE 7 -- AGRICULTURE
(a) In general
Agreements under this subchapter may provide that the Secretary shall
use payments made in local currencies by the recipient country in
accordance with this section.
(b) Special account
Foreign currencies received by the Secretary under this subchapter
shall be deposited in a separate account, that may be interest-bearing,
to the credit of the United States and such currencies and interest
thereon shall be used as provided for in this section.
(c) Activities
The proceeds from the payments referred to in subsection (a) of this
section may be used in the recipient country for the following:
(1) Trade development
To carry out programs to help develop markets for United States
agricultural commodities on a mutually beneficial basis in the recipient
country.
(2) Agricultural development
To support --
(A) increased agricultural production, including availability of
agricultural inputs, with emphasis on small farms, processing of
agricultural commodities, forestry management, and land and water
management;
(B) credit policies for private-sector agriculture development;
(C) establishment and expansion of institutions for basic and applied
agricultural research and the use of such research through development
of extension services; and
(D) programs to control rodents, insects, weeds, and other animal or
plant pests.
(3) Agricultural business development loans
To make loans to United States business entities (including
cooperatives) and branches, subsidiaries, or affiliates of such entities
for agricultural business development and agricultural trade expansion
in such recipient countries.
(4) Agricultural facilities loans
To make loans to domestic or foreign entities (including
cooperatives) for the establishment of facilities for aiding in the
utilization or distribution of, or otherwise increasing the consumption
of and markets for, United States agricultural products.
(5) Trade promotion
To promote agricultural trade development, under procedures
established by the Secretary, by making loans or through other
activities (including trade fairs) that the Secretary determines to be
appropriate.
(6) Private sector agricultural trade development
To conduct private sector agricultural trade development activities
in the recipient country, as determined appropriate by the Secretary.
(7) Research
To conduct research in agriculture, forestry, and aquaculture,
including collaborative research which is mutually beneficial to the
United States and the recipient country.
(8) United States obligations
To make payments of United States obligations (including obligations
entered into pursuant to other laws).
(d) Fiscal requirements regarding use of local currencies
(1) Exemption
Section 1306 of title 31 shall not apply to local currencies used by
the President under paragraphs (1) through (7) of subsection (c) of this
section.
(2) Use of currencies by other agencies
Any department or agency of the Federal Government other than the
Department of Agriculture using any such local currencies for a purpose
for which funds have been appropriated shall reimburse the Commodity
Credit Corporation in an amount equivalent to the dollar value of the
currencies used.
(July 10, 1954, ch. 469, title I, 104, 68 Stat. 456; Aug. 26, 1954,
ch. 937, title V, 544(h), (i), as added July 18, 1956, ch. 627, 11(a),
70 Stat. 564, 565; Aug. 3, 1956, ch. 933, 2, 70 Stat. 988; Aug. 13,
1957, Pub. L. 85-128, 1(4), 71 Stat. 345; Aug. 26, 1954, ch. 937, title
V, 544(c), as added Aug. 14, 1957, Pub. L. 85-141, 11(b)( 2), 71 Stat.
365; June 30, 1958, Pub. L. 85-477, ch. V, 502(l), 72 Stat. 275; Sept.
6, 1958, Pub. L. 85-931, 3, 72 Stat. 1790; July 24, 1959, Pub. L.
86-108, ch. VII, 701(d), 73 Stat. 258; Sept. 21, 1959, Pub. L. 86-341,
title I, 4-9, 73 Stat. 606, 607; Aug. 8, 1961, Pub. L. 87-128, title
II, 201(3), 75 Stat. 306; Sept. 4, 1961, Pub. L. 87-195, pt. III,
612(b), pt. IV, 704, 75 Stat. 443, 463; Oct. 18, 1962, Pub. L. 87-839,
2, 76 Stat. 1074; Dec. 16, 1963, Pub. L. 88-205, pt. III, 301( d)(2),
77 Stat. 386; Oct. 8, 1964, Pub. L. 88-638, 1(6)-(10), 2, 78 Stat.
1035-1038; Aug. 4, 1965, Pub. L. 89-106, 5, 79 Stat. 432; Nov. 11,
1966, Pub. L. 89-808, 2(B), 80 Stat. 1528; July 29, 1968, Pub. L.
90-436, 2(a), 3, 6, 82 Stat. 450, 451; Nov. 30, 1970, Pub. L. 91-524,
title VII, 702, 84 Stat. 1379; Dec. 20, 1975, Pub. L. 94-161, title II,
204, 89 Stat. 852; S. Res. 4, Feb. 4, 1977; H. Res. 89, Feb. 5, 1979;
Aug. 14, 1979, Pub. L. 96-53, title I, 121, 93 Stat. 366; Dec. 29,
1981, Pub. L. 97-113, title IV, 401(5), 402, 95 Stat. 1537; Aug. 23,
1988, Pub. L. 100-418, title IV, 4401, 102 Stat. 1400; Nov. 28, 1990,
Pub. L. 101-624, title XV, 1512, 104 Stat. 3635.)
1990 -- Pub. L. 101-624 amended section generally, substituting
present provisions for provisions authorizing President to use local
currencies received as payments to pay United States obligations, for
agricultural market development, for educational and cultural exchange,
for scientific activities, for purchase of real property abroad, for
purchase of foreign books, periodicals, etc., for United States
libraries, to meet emergency relief requirements, for loans to United
States businesses for trade expansion and to firms for development of
facilities increasing market for commodities, for loans to recipients to
improve food production and marketing, to purchase goods and services
for other friendly countries, to pay for food production assistance
programs, for sale for dollars to United States citizens, to pay for
animal and plant pest control, and provisions relating to application of
section 1306 of title 31, and to use of currencies of which United
States has amounts in excess