-CITE-
    7 USC CHAPTER 38 - DISTRIBUTION AND MARKETING OF
           AGRICULTURAL PRODUCTS                           01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

-HEAD-
     CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS 

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1621.       Congressional declaration of purpose; use of existing
                 facilities; cooperation with States.                 
    1622.       Duties of Secretary relating to agricultural products.
    1622a.      Authority to assist farmers and elevator operators.   
    1623.       Authorization of appropriations; allotments to States.
    1623a.      Omitted.                                              
    1624.       Cooperation with Government and State agencies,
                 private research organizations, etc.; rules and
                 regulations.                                         
    1625.       Transfer and consolidation of functions, powers,
                 bureaus, etc.                                        
    1626.       Definitions.                                          
    1627.       Appointment of personnel; compensation; employment of
                 specialists.                                         
    1628.       Repealed.                                             
    1629.       Establishment of committees to assist in research and
                 service programs.                                    
    1630.       Omitted.                                              
    1631.       Protection for purchasers of farm products.           
    1632.       Repealed.                                             

               SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING           

                       PART A - PURPOSE; DEFINITIONS                   
    1635.       Purpose.                                              
    1635a.      Definitions.                                          

                         PART B - CATTLE REPORTING                     
    1635d.      Definitions.                                          
    1635e.      Mandatory reporting for live cattle.                  
    1635f.      Mandatory packer reporting of boxed beef sales.       

                         PART C - SWINE REPORTING                     
    1635i.      Definitions.                                          
    1635j.      Mandatory reporting for swine.                        

                          PART D - LAMB REPORTING                      
    1635m.      Mandatory reporting for lambs.                        

                          PART E - ADMINISTRATION                      
    1636.       General provisions.                                   
    1636a.      Unlawful acts.                                        
    1636b.      Enforcement.                                          
    1636c.      Fees.                                                 
    1636d.      Recordkeeping.                                        
    1636e.      Voluntary reporting.                                  
    1636f.      Publication of information on retail purchase prices
                 for representative meat products.                    
    1636g.      Suspension authority regarding specific terms of price
                 reporting requirements.                              
    1636h.      Federal preemption.                                   

            SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING        
    1637.       Purpose.                                              
    1637a.      Definitions.                                          
    1637b.      Mandatory reporting for dairy products.               

                SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING            
    1638.       Definitions.                                          
    1638a.      Notice of country of origin.                          
    1638b.      Enforcement.                                          
    1638c.      Regulations.                                          
    1638d.      Applicability.                                        

-End-

-CITE-
    7 USC SUBCHAPTER I - GENERAL PROVISIONS                     01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    7 USC Sec. 1621                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1621. Congressional declaration of purpose; use of existing
      facilities; cooperation with States

-STATUTE-
      The Congress declares that a sound, efficient, and privately
    operated system for distributing and marketing agricultural
    products is essential to a prosperous agriculture and is
    indispensable to the maintenance of full employment and to the
    welfare, prosperity, and health of the Nation. It is further
    declared to be the policy of Congress to promote through research,
    study, experimentation, and through cooperation among Federal and
    State agencies, farm organizations, and private industry a
    scientific approach to the problems of marketing, transportation,
    and distribution of agricultural products similar to the scientific
    methods which have been utilized so successfully during the past
    eighty-four years in connection with the production of agricultural
    products so that such products capable of being produced in
    abundance may be marketed in an orderly manner and efficiently
    distributed. In order to attain these objectives, it is the intent
    of Congress to provide for (1) continuous research to improve the
    marketing, handling, storage, processing, transportation, and
    distribution of agricultural products; (2) cooperation among
    Federal and State agencies, producers, industry organizations, and
    others in the development and effectuation of research and
    marketing programs to improve the distribution processes; (3) an
    integrated administration of all laws enacted by Congress to aid
    the distribution of agricultural products through research, market
    aids and services, and regulatory activities, to the end that
    marketing methods and facilities may be improved, that distribution
    costs may be reduced and the price spread between the producer and
    consumer may be narrowed, that dietary and nutritional standards
    may be improved, that new and wider markets for American
    agricultural products may be developed, both in the United States
    and in other countries, with a view to making it possible for the
    full production of American farms to be disposed of usefully,
    economically, profitably, and in an orderly manner. In effectuating
    the purposes of this chapter, maximum use shall be made of existing
    research facilities owned or controlled by the Federal Government
    or by State agricultural experiment stations and of the facilities
    of the Federal and State extension services. To the maximum extent
    practicable marketing research work done under this chapter in
    cooperation with the States shall be done in cooperation with the
    State agricultural experiment stations; marketing educational and
    demonstrational work done under this chapter in cooperation with
    the States shall be done in cooperation with the State agricultural
    extension service; market information, inspection, regulatory work
    and other marketing service done under this chapter in cooperation
    with the State agencies shall be done in cooperation with the State
    departments of agriculture, and State bureaus and departments of
    markets.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 202, 60 Stat. 1087.)

-MISC1-
                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-532, Sec. 1, Nov. 22, 2000, 114 Stat. 2541, provided
    that: "This Act [enacting subchapter III of this chapter] may be
    cited as the 'Dairy Market Enhancement Act of 2000'."

                                SHORT TITLE                            
      Section 201 of title II of act Aug. 14, 1946, provided that:
    "This title [enacting this chapter] may be cited as the
    'Agricultural Marketing Act of 1946'."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of all officers, agencies, and employees of Department
    of Agriculture transferred, with certain exceptions, to Secretary
    of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,
    1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section
    2201 of this title.

-MISC2-
                      SPECIALTY CROPS COMPETITIVENESS                  
      Pub. L. 108-465, Secs. 2, 3, title I, Sec. 101, Dec. 21, 2004,
    118 Stat. 3882, 3883, provided that:

      "SEC. 2. FINDINGS AND PURPOSE.
      "(a) Findings. - Congress finds the following:
        "(1) A secure domestic food supply is a national security
      imperative for the United States.
        "(2) A competitive specialty crop industry in the United States
      is necessary for the production of an abundant, affordable supply
      of highly nutritious fruits, vegetables, and other specialty
      crops, which are vital to the health and well-being of all
      Americans.
        "(3) Increased consumption of specialty crops will provide
      tremendous health and economic benefits to both consumers and
      specialty crop growers.
        "(4) Specialty crop growers believe that there are numerous
      areas of Federal agriculture policy that could be improved to
      promote increased consumption of specialty crops and increase the
      competitiveness of producers in the efficient production of
      affordable specialty crops in the United States.
        "(5) As the globalization of markets continues, it is becoming
      increasingly difficult for United States producers to compete
      against heavily subsidized foreign producers in both the domestic
      and foreign markets.
        "(6) United States specialty crop producers also continue to
      face serious tariff and non-tariff trade barriers in many export
      markets.
      "(b) Purpose. - It is the purpose of this Act [see Short Title of
    2004 Amendment note set out under section 3101 of this title] to
    make necessary changes in Federal agriculture policy to accomplish
    the goals of increasing fruit, vegetable, and nut consumption and
    improving the competitiveness of United States specialty crop
    producers.

      "SEC. 3. DEFINITIONS.
      "In this Act:
        "(1) The term 'specialty crop' means fruits and vegetables,
      tree nuts, dried fruits, and nursery crops (including
      floriculture).
        "(2) The term 'State' means the several States, the District of
      Columbia, and the Commonwealth of Puerto Rico.
        "(3) The term 'State department of agriculture' means the
      agency, commission, or department of a State government
      responsible for agriculture within the State.

              "TITLE I - STATE ASSISTANCE FOR SPECIALTY CROPS          

      "SEC. 101. SPECIALTY CROP BLOCK GRANTS.
      "(a) Availability and Purpose of Grants. - Subject to the
    appropriation of funds to carry out this section, the Secretary of
    Agriculture shall make grants to States for each of the fiscal
    years 2005 through 2009 to be used by State departments of
    agriculture solely to enhance the competitiveness of specialty
    crops.
      "(b) Grants Based on Value of Production. - Subject to subsection
    (c), the amount of the grant for a fiscal year to a State under
    this section shall bear the same ratio to the total amount
    appropriated pursuant to the authorization of appropriations in
    subsection (i) for that fiscal year as the value of specialty crop
    production in the State during the preceding calendar year bears to
    the value of specialty crop production during the preceding
    calendar year in all States whose application for a grant for that
    fiscal year is accepted by the Secretary under subsection (f).
      "(c) Minimum Grant Amount. - Subject to the appropriation of
    sufficient funds to carry out this subsection, each State shall
    receive at least $100,000 each fiscal year as a grant under this
    section notwithstanding the amount calculated under subsection (b)
    for the State.
      "(d) Eligibility. - To be eligible to receive a grant under this
    section, a State department of agriculture shall prepare and
    submit, for approval by the Secretary of Agriculture, an
    application at such time, in such a manner, and containing such
    information as the Secretary shall require by regulation, including
    - 
        "(1) a State plan that meets the requirements of subsection
      (e);
        "(2) an assurance that the State will comply with the
      requirements of the plan; and
        "(3) an assurance that grant funds received under this section
      shall supplement the expenditure of State funds in support of
      specialty crops grown in that State, rather than replace State
      funds.
      "(e) Plan Requirements. - The State plan shall identify the lead
    agency charged with the responsibility of carrying out the plan and
    indicate how the grant funds will be utilized to enhance the
    competitiveness of specialty crops.
      "(f) Review of Application. - In reviewing the application of a
    State submitted under subsection (d), the Secretary of Agriculture
    shall ensure that the State plan would carry out the purpose of
    grant program, as specified in subsection (a). The Secretary may
    accept or reject applications for a grant under this section.
      "(g) Effect of Noncompliance. - If the Secretary of Agriculture,
    after reasonable notice to a State, finds that there has been a
    failure by the State to comply substantially with any provision or
    requirement of the State plan, the Secretary may disqualify, for
    one or more years, the State from receipt of future grants under
    this section.
      "(h) Audit Requirements. - For each year that a State receives a
    grant under this section, the State shall conduct an audit of the
    expenditures of grant funds by the State. Not later than 30 days
    after the completion of the audit, the State shall submit a copy of
    the audit to the Secretary of Agriculture.
      "(i) Authorization of Appropriations. - For each of the fiscal
    years 2005 through 2009, there is authorized to be appropriated to
    the Secretary of Agriculture $44,500,000 to make grants under this
    section."

            AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM        
      Pub. L. 107-171, title VI, Sec. 6402, May 13, 2002, 116 Stat.
    426, provided that:
      "(a) Purpose. - The purpose of this section is to direct the
    Secretary of Agriculture to establish a demonstration program under
    which agricultural producers are provided - 
        "(1) technical assistance, consisting of engineering services,
      applied research, scale production, and similar services, to
      enable the agricultural producers to establish businesses to
      produce value-added agricultural commodities or products;
        "(2) assistance in marketing, market development, and business
      planning; and
        "(3) organizational, outreach, and development assistance to
      increase the viability, growth, and sustainability of businesses
      that produce value-added agricultural commodities or products.
      "(b) Definitions. - In this section:
        "(1) Program. - The term 'Program' means the Agriculture
      Innovation Center Demonstration Program established under
      subsection (c).
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      Agriculture.
      "(c) Establishment of Program. - The Secretary shall establish a
    demonstration program, to be known as the 'Agriculture Innovation
    Center Demonstration Program' under which the Secretary shall - 
        "(1) make grants to assist eligible entities in establishing
      Agriculture Innovation Centers to enable agricultural producers
      to obtain the assistance described in subsection (a); and
        "(2) provide assistance to eligible entities in establishing
      Agriculture Innovation Centers through the research and technical
      services of the Department of Agriculture.
      "(d) Eligibility Requirements. - 
        "(1) In general. - An entity shall be eligible for a grant and
      assistance described in subsection (c) to establish an
      Agriculture Innovation Center if - 
          "(A) the entity - 
            "(i) has provided services similar to the services
          described in subsection (a); or
            "(ii) demonstrates the capability of providing such
          services;
          "(B) the application of the entity for the grant and
        assistance includes a plan, in accordance with regulations
        promulgated by the Secretary, that outlines - 
            "(i) the support for the entity in the agricultural
          community;
            "(ii) the technical and other expertise of the entity; and
            "(iii) the goals of the entity for increasing and improving
          the ability of local agricultural producers to develop
          markets and processes for value-added agricultural
          commodities or products;
          "(C) the entity demonstrates that adequate resources (in cash
        or in kind) are available, or have been committed to be made
        available, to the entity, to increase and improve the ability
        of local agricultural producers to develop markets and
        processes for value-added agricultural commodities or products;
        and
          "(D) the Agriculture Innovation Center of the entity has a
        board of directors established in accordance with paragraph
        (2).
        "(2) Board of directors. - Each Agriculture Innovation Center
      of an eligible entity shall have a board of directors composed of
      representatives of each of the following groups:
          "(A) The 2 general agricultural organizations with the
        greatest number of members in the State in which the eligible
        entity is located.
          "(B) The department of agriculture, or similar State
        department or agency, of the State in which the eligible entity
        is located.
          "(C) Entities representing the 4 highest grossing commodities
        produced in the State, determined on the basis of annual gross
        cash sales.
      "(e) Grants and Assistance. - 
        "(1) In general. - Subject to subsection (i), under the
      Program, the Secretary shall make, on a competitive basis, annual
      grants to eligible entities.
        "(2) Maximum amount of grants. - A grant under paragraph (1)
      shall be in an amount that does not exceed the lesser of - 
          "(A) $1,000,000; or
          "(B) twice the dollar amount of the resources (in cash or in
        kind) that the eligible entity demonstrates are available, or
        have been committed to be made available, to the eligible
        entity in accordance with subsection (d)(1)(C).
        "(3) Maximum number of grants. - 
          "(A) First fiscal year of program. - In the first fiscal year
        of the Program, the Secretary shall make grants to not more
        than 5 eligible entities.
          "(B) Second fiscal year of program. - In the second fiscal
        year of the Program, the Secretary may make grants to - 
            "(i) the eligible entities to which grants were made under
          subparagraph (A); and
            "(ii) not more than 10 additional eligible entities.
        "(4) State limitation. - 
          "(A) In general. - Subject to subparagraph (B), in the first
        3 fiscal years of the Program, the Secretary shall not make a
        grant under the Program to more than 1 entity in any 1 State.
          "(B) Collaboration. - Nothing in subparagraph (A) precludes a
        recipient of a grant under the Program from collaborating with
        any other institution with respect to activities conducted
        using the grant.
      "(f) Use of Funds. - An eligible entity to which a grant is made
    under the Program may use the grant only for the following purposes
    (but only to the extent that the use is not described in section
    231(d) of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
    1621 note; Public Law 106-224)):
        "(1) Applied research.
        "(2) Consulting services.
        "(3) Hiring of employees, at the discretion of the board of
      directors of the Agriculture Innovation Center of the eligible
      entity.
        "(4) The making of matching grants, each of which shall be in
      an amount not to exceed $5,000, to agricultural producers, except
      that the aggregate amount of all such matching grants made by the
      eligible entity shall be not more than $50,000.
        "(5) Legal services.
        "(6) Any other related cost, as determined by the Secretary.
      "(g) Research on Effects on the Agricultural Sector. - 
        "(1) In general. - Of the amount made available under
      subsection (i) for each fiscal year, the Secretary shall use
      $300,000 to support research at a university concerning the
      effects of projects for value-added agricultural commodities or
      products on agricultural producers and the commodity markets.
        "(2) Research elements. - Research under paragraph (1) shall
      systematically examine, using linked, long-term, global
      projections of the agricultural sector, the potential effects of
      projects described in subparagraph (A) on - 
          "(A) demand for agricultural commodities;
          "(B) market prices;
          "(C) farm income; and
          "(D) Federal outlays on commodity programs.
      "(h) Report to Congress. - 
        "(1) In general. - Not later than 3 years after the date on
      which the last of the first 10 grants is made under the Program,
      the Secretary shall submit to the Committee on Agriculture of the
      House of Representatives and the Committee on Agriculture,
      Nutrition, and Forestry of the Senate a report on - 
          "(A) the effectiveness of the Program in improving and
        expanding the production of value-added agricultural
        commodities or products; and
          "(B) the effects of the Program on the economic viability of
        agricultural producers.
        "(2) Required elements. - The report under paragraph (1) shall -
       
          "(A) include a description of the best practices and
        innovations found at each of the Agriculture Innovation Centers
        established under the Program; and
          "(B) specify the number and type of activities assisted, and
        the type of assistance provided, under the Program.
      "(i) Funding. - Of the amount made available under section
    231(a)(1) of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
    1621 note; Public Law 106-224) for each fiscal year, the Secretary
    shall use to carry out this section - 
        "(1) not less than $3,000,000 for fiscal year 2002; and
        "(2) not less than $6,000,000 for each of fiscal years 2003 and
      2004."

        VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS    
      Pub. L. 106-224, title II, Sec. 231, June 20, 2000, 114 Stat.
    409; as amended by Pub. L. 107-171, title VI, Sec. 6401(a), May 13,
    2002, 116 Stat. 424, provided that:
      "(a) Definition of Value-Added Agricultural Product. - 
        "(1) In general. - The term 'value-added agricultural product'
      means any agricultural commodity or product that - 
          "(A)(i) has undergone a change in physical state;
          "(ii) was produced in a manner that enhances the value of the
        agricultural commodity or product, as demonstrated through a
        business plan that shows the enhanced value, as determined by
        the Secretary; or
          "(iii) is physically segregated in a manner that results in
        the enhancement of the value of the agricultural commodity or
        product; and
          "(B) as a result of the change in physical state or the
        manner in which the agricultural commodity or product was
        produced or segregated - 
            "(i) the customer base for the agricultural commodity or
          product has been expanded; and
            "(ii) a greater portion of the revenue derived from the
          marketing, processing, or physical segregation of the
          agricultural commodity or product is available to the
          producer of the commodity or product.
        "(2) Inclusion. - The term 'value-added agricultural product'
      includes farm- or ranch-based renewable energy.
      "(b) Grant Program. - 
        "(1) In general. - From amounts made available under paragraph
      (4), the Secretary shall award competitive grants - 
          "(A) to an eligible independent producer (as determined by
        the Secretary) of a value-added agricultural product to assist
        the producer - 
            "(i) in developing a business plan for viable marketing
          opportunities for the value-added agricultural product; or
            "(ii) in developing strategies that are intended to create
          marketing opportunities for the producer; and
          "(B) to an eligible agricultural producer group, farmer or
        rancher cooperative, or majority-controlled producer-based
        business venture (as determined by the Secretary) to assist the
        entity - 
            "(i) in developing a business plan for viable marketing
          opportunities in emerging markets for a value-added
          agricultural product; or
            "(ii) in developing strategies that are intended to create
          marketing opportunities in emerging markets for the value-
          added agricultural product.
        "(2) Amount of grant. - 
          "(A) In general. - The total amount provided under this
        subsection to a grant recipient shall not exceed $500,000.
          "(B) Majority-controlled producer-based business ventures. -
        The amount of grants provided to majority-controlled producer-
        based business ventures under paragraph (1)(B) for a fiscal
        year may not exceed 10 percent of the amount of funds that are
        used to make grants for the fiscal year under this subsection.
        "(3) Grantee strategies. - A grantee under paragraph (1) shall
      use the grant - 
          "(A) to develop a business plan or perform a feasibility
        study to establish a viable marketing opportunity for a value-
        added agricultural product; or
          "(B) to provide capital to establish alliances or business
        ventures that allow the producer of the value-added
        agricultural product to better compete in domestic or
        international markets.
        "(4) Funding. - Not later than 30 days after the date of
      enactment of this paragraph [May 13, 2002], on October 1, 2002,
      and on each October 1 thereafter through October 1, 2006, of the
      funds of the Commodity Credit Corporation, the Secretary shall
      make available to carry out this subsection $40,000,000, to
      remain available until expended.
      "(c) Agricultural Marketing Resource Center Pilot Project. - 
        "(1) Establishment. - Notwithstanding the limitation on grants
      in subsection (b)(2), the Secretary shall not use more than 5
      percent of the funds made available under subsection (b) to
      establish a pilot project (to be known as the 'Agricultural
      Marketing Resource Center') at an eligible institution described
      in paragraph (2) that will - 
          "(A) develop a resource center with electronic capabilities
        to coordinate and provide to independent producers and
        processors (as determined by the Secretary) of value-added
        agricultural commodities and products of agricultural
        commodities information regarding research, business, legal,
        financial, or logistical assistance; and
          "(B) develop a strategy to establish a nationwide market
        information and coordination system.
        "(2) Eligible institution. - To be eligible to receive funding
      to establish the Agricultural Marketing Resource Center, an
      applicant shall demonstrate to the Secretary - 
          "(A) the capacity and technical expertise to provide the
        services described in paragraph (1)(A);
          "(B) an established plan outlining support of the applicant
        in the agricultural community; and
          "(C) the availability of resources (in cash or in kind) of
        definite value to sustain the Center following establishment.
      "(d) Matching Funds. - A recipient of funds under subsection (a)
    or (b) shall contribute an amount of non-Federal funds that is at
    least equal to the amount of Federal funds received.
      "(e) Limitation. - Funds provided under this section may not be
    used for - 
        "(1) planning, repair, rehabilitation, acquisition, or
      construction of a building or facility (including a processing
      facility); or
        "(2) the purchase, rental, or installation of fixed equipment."
      [Pub. L. 107-171, title VI, Sec. 6401(b), May 13, 2002, 116 Stat.
    426, provided that:
      ["(1) In general. - Except as provided in paragraph (2), the
    amendments made by subsection (a) [amending section 231 of Pub. L.
    106-224, set out above] apply beginning on October 1, 2002.
      ["(2) Funding. - Funds made available under section
    231(b)(4)(A)(i) of the Agricultural Risk Protection Act of 2000
    [Pub. L. 106-224] (as amended by subsection (a)(2)) shall be made
    available not later than 30 days after the date of enactment of
    this Act [May 13, 2002]."]
      [Pub. L. 107-171, Sec. 6401(a)(4), which directed amendment of
    section 231(d) of Pub. L. 106-224, as redesignated, set out above,
    by substituting "subsections (b) and (c)" for "subsections (a) and
    (b)", could not be executed because that phrase does not appear.]

                   NATIONAL COMMISSION ON FOOD MARKETING               
      Pub. L. 88-354, July 3, 1964, 78 Stat. 269, as amended by Pub. L.
    89-20, May 15, 1965, 79 Stat. 111, provided for the establishment
    of a bipartisan National Commission on Food Marketing composed of
    fifteen members, five from the Senate, five from the House of
    Representatives and five from outside the Federal Government, to
    study and appraise the marketing structure of the food industry and
    to make a final report of its findings and conclusions to the
    President and to the Congress by July 1, 1966. The Commission
    ceased to exist ninety days after submission of its final report.

-End-

-CITE-
    7 USC Sec. 1622                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1622. Duties of Secretary relating to agricultural products

-STATUTE-
      The Secretary of Agriculture is directed and authorized:
    (a) Determination of methods of processing, packaging, marketing,
      etc.; publication of results
      To conduct, assist, and foster research, investigation, and
    experimentation to determine the best methods of processing,
    preparation for market, packaging, handling, transporting, storing,
    distributing, and marketing agricultural products: Provided, That
    the results of such research shall be made available to the public
    for the purpose of expanding the use of American agricultural
    products in such manner as the Secretary of Agriculture may
    determine.
    (b) Determination of costs
      To determine costs of marketing agricultural products in their
    various forms and through the various channels and to foster and
    assist in the development and establishment of more efficient
    marketing methods (including analyses of methods and proposed
    methods), practices, and facilities, for the purpose of bringing
    about more efficient and orderly marketing, and reducing the price
    spread between the producer and the consumer.
    (c) Improvement of standards of quality, condition, etc.; standard
      of quality for ice cream
      To develop and improve standards of quality, condition, quantity,
    grade, and packaging, and recommend and demonstrate such standards
    in order to encourage uniformity and consistency in commercial
    practices. Within thirty days after September 29, 1977, the
    Secretary shall by regulation adopt a standard of quality for ice
    cream which shall provide that ice cream shall contain at least 1.6
    pounds of total solids to the gallon, weigh not less than 4.5
    pounds to the gallon and contain not less than 20 percent total
    milk solids, constituted of not less than 10 percent milkfat. In no
    case shall the content of milk solids not fat be less than 6
    percent. Whey shall not, by weight, be more than 25 percent of the
    milk solids not fat. Only those products which meet the standard
    issued by the Secretary may bear a symbol thereon indicating that
    they meet the Department of Agriculture standard for "ice cream".
    (d) Elimination of artificial barriers to free movement
      To conduct, assist, foster, and direct studies and informational
    programs designed to eliminate artificial barriers to the free
    movement of agricultural products.
    (e) Development of new markets
      (1) In general
        To foster and assist in the development of new or expanded
      markets (domestic and foreign) and new and expanded uses and in
      the moving of larger quantities of agricultural products through
      the private marketing system to consumers in the United States
      and abroad.
      (2) Fees and penalties
        (A) In general
          In carrying out paragraph (1), the Secretary may assess and
        collect reasonable fees and late payment penalties to mediate
        and arbitrate disputes arising between parties in connection
        with transactions involving agricultural products moving in
        foreign commerce under the jurisdiction of a multinational
        entity.
        (B) Deposit
          Fees and penalties collected under subparagraph (A) shall be
        deposited into the account that incurred the cost of providing
        the mediation or arbitration service.
        (C) Availability
          Fees and penalties collected under subparagraph (A) shall be
        available to the Secretary without further Act of appropriation
        and shall remain available until expended to pay the expenses
        of the Secretary for providing mediation and arbitration
        services under this paragraph.
        (D) No requirement for use of services
          No person shall be required by the Secretary to use the
        mediation and arbitration services provided under this
        paragraph.
    (f) Increasing consumer education
      To conduct and cooperate in consumer education for the more
    effective utilization and greater consumption of agricultural
    products: Provided, That no money appropriated under the authority
    of this 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. Shell eggs packed under the voluntary
    grading program of the Department of Agriculture shall not have
    been shipped for sale previous to being packed under the program,
    as determined under a regulation promulgated by the Secretary.
    (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.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 203, 60 Stat. 1087; Aug. 9,
    1955, ch. 632, Sec. 1, 69 Stat. 553; Pub. L. 95-113, title II, Sec.
    206, Sept. 29, 1977, 91 Stat. 920; Pub. L. 97-31, Sec. 12(2), Aug.
    6, 1981, 95 Stat. 153; Pub. L. 98-403, Sec. 2, Aug. 28, 1984, 98
    Stat. 1480; Pub. L. 98-443, Sec. 9(j), Oct. 4, 1984, 98 Stat. 1708;
    Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 755(a)], Oct.
    21, 1998, 112 Stat. 2681, 2681-34; Pub. L. 106-472, title III, Sec.
    303, Nov. 9, 2000, 114 Stat. 2069.)

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (e). Pub. L. 106-472 inserted subsec. heading,
    designated existing provisions as par. (1), inserted par. heading,
    and added par. (2).
      1998 - Subsec. (h). Pub. L. 105-277 inserted at end "Shell eggs
    packed under the voluntary grading program of the Department of
    Agriculture shall not have been shipped for sale previous to being
    packed under the program, as determined under a regulation
    promulgated by the Secretary."
      1984 - Subsec. (h). Pub. L. 98-403 inserted provisions relating
    to the credit of certain funds to the trust fund account which
    incurs the cost of services provided under this subsection, the
    future availability of those funds, and investment thereof by the
    Secretary of Agriculture or the Secretary of the Treasury.
      Subsec. (j). Pub. L. 98-443 struck out "the Civil Aeronautics
    Board" after "the Maritime Commission,".
      1981 - Subsec. (j). Pub. L. 97-31 inserted reference to Secretary
    of Transportation.
      1977 - Subsec. (c). Pub. L. 95-113 inserted provisions relating
    to the setting of a standard of quality for ice cream.
      1955 - Subsec. (h). Act Aug. 9, 1955, inserted sentence to
    provide penalties for forgery or alteration of inspection
    certificates, unauthorized use of official grade marks or
    designations, and false or deceptive reference to United States
    grade standards or services.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section
    9(v) of Pub. L. 98-443, set out as a note under section 5314 of
    Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
    1901 of Pub. L. 95-113, set out as a note under section 1307 of
    this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, to Surface Transportation Board effective Jan. 1, 1996, by
    section 702 of Title 49, Transportation, and section 101 of Pub. L.
    104-88, set out as a note under section 701 of Title 49. References
    to Interstate Commerce Commission deemed to refer to Surface
    Transportation Board, a member or employee of the Board, or
    Secretary of Transportation, as appropriate, see section 205 of
    Pub. L. 104-88, set out as a note under section 701 of Title 49.
      Section 304 of 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, 26
    F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5,
    Government Organization and Employees, abolished Federal Maritime
    Board, including offices of members of Board. Functions of Board
    transferred either to Federal Maritime Commission or to Secretary
    of Commerce by sections 103 and 202 of 1961 Reorg. Plan No. 7.
      United States Maritime Commission abolished by 1950 Reorg. Plan
    No. 21, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in
    the Appendix of Title 5, Government Organization and Employees,
    which transferred part of its functions and part of functions of
    its Chairman to Federal Maritime Board and Chairman thereof, such
    Board having created by that Plan as an agency within Department of
    Commerce with an independent status in some respects, and
    transferred remainder of such Commission's functions and functions
    of its Chairman to Secretary of Commerce, with power vested in
    Secretary to authorize their performance by Maritime Administrator,
    head of Maritime Administration, which likewise was established by
    Plan in Department of Commerce with provision that chairman of said
    Federal Maritime Board should, ex officio, be such Administrator.
      Executive and administrative functions of Maritime Commission
    transferred to Chairman of Maritime Commission by 1949 Reorg. Plan
    No. 6, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1069, set out in
    the Appendix to Title 5.

-MISC2-
     AGRICULTURAL PROCESSING EQUIPMENT; INSPECTION AND CERTIFICATION;
                                    FEE
      Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 729], Oct. 28, 2000,
    114 Stat. 1549, 1549A-33, provided that: "Hereafter, none of the
    funds appropriated by this Act or any other Act may be used to:
        "(1) carry out the proviso under 7 U.S.C. 1622(f); or
        "(2) carry out 7 U.S.C. 1622(h) unless the Secretary of
      Agriculture inspects and certifies agricultural processing
      equipment, and imposes a fee for the inspection and
      certification, in a manner that is similar to the inspection and
      certification of agricultural products under that section, as
      determined by the Secretary: Provided, That this provision shall
      not affect the authority of the Secretary to carry out the
      Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
      Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg
      Products Inspection Act (21 U.S.C. 1031 et seq.)."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 106-78, title VII, Sec. 734, Oct. 22, 1999, 113 Stat.
    1165.
      Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 747], Oct.
    21, 1998, 112 Stat. 2681, 2681-32, as amended by Pub. L. 106-31,
    title V, Sec. 5001(c), May 21, 1999, 113 Stat. 109.

    COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES RECEIVED FOR
                                BULK CHEESE
      Pub. L. 105-18, title II, Sec. 1001, June 12, 1997, 111 Stat.
    172, provided that not later than 30 days after June 12, 1997,
    Secretary of Agriculture was to collect and disseminate, on weekly
    basis, statistically reliable information, obtained from cheese
    manufacturing areas in United States, on prices received and terms
    of trade involving bulk cheese, including information on national
    average price for bulk cheese sold through spot and forward
    contract transactions, and further provided for confidentiality of
    information provided to, or acquired by, Secretary, report to
    Congress not later than 150 days after June 12, 1997, on rate of
    reporting compliance by cheese manufacturers with respect to
    information collected, and for termination of authority to collect
    information on Apr. 5, 1999.

        LAMB PRICE AND SUPPLY REPORTING SERVICES REPORT AND SYSTEM    
      Pub. L. 102-237, title I, Sec. 124, Dec. 13, 1991, 105 Stat.
    1844, provided that:
      "(a) Report. - Not later than 90 days after the date of enactment
    of this Act [Dec. 13, 1991], the Secretary of Agriculture shall
    submit a report to the Committee on Agriculture of the House of
    Representatives and the Committee on Agriculture, Nutrition, and
    Forestry of the Senate on measures that are necessary to improve
    the lamb price and supply reporting services of the Department of
    Agriculture, including recommendations to establish a complete
    information gathering system that reflects the market structure of
    the national lamb industry. In preparing the report, the Secretary
    shall examine measures to improve information on - 
        "(1) price reporting series of wholesale, retail, box, carcass,
      pelt, offal, and live lamb sales in the United States, including
      markets in - 
          "(A) California (including San Francisco);
          "(B) the East Coast region (including Washington, D.C.);
          "(C) the Midwest region (including Chicago, Illinois);
          "(D) Texas;
          "(E) the Rocky Mountain region; and
          "(F) Florida;
        "(2) sheep and lamb inventories, including on-feed reports;
        "(3) the price and supply relationships between retailers and
      breakers;
        "(4) the viability of voluntary or mandatory reporting for
      sheep prices; and
        "(5) information on the import and export of sheep, analyzed by
      cut, carcass, box, breeder stock, and sex.
      "(b) Price Discovery and Reporting System. - 
        "(1) System required. - Based on the report required under
      subsection (a), the Secretary shall - 
          "(A) develop a price discovery system formula for the lamb
        market, such as carcass equivalent pricing; and
          "(B) establish a price discovery and reporting system for the
        lamb market to assist lamb producers to better allocate their
        resources and make informed production and marketing decisions.
        "(2) Implementation. - The price discovery and reporting system
      for the lamb market shall be implemented by the Secretary not
      later than 180 days after the date of the submission of the
      report.
        "(3) Authorization of appropriations. - There are authorized to
      be appropriated such sums as may be necessary to develop and
      establish the system required under this subsection.
      "(c) Consultation. - In preparing the report required under
    subsection (a) and establishing the price discovery and reporting
    system required under subsection (b), the Secretary shall consult
    with lamb producers and other persons in the national lamb
    industry."

     RESEARCH TO INVESTIGATE EXTENT TO WHICH GRADE STANDARDS GOVERNING
         COSMETIC APPEARANCE AFFECT PESTICIDE USE IN PRODUCTION OF
            PERISHABLE COMMODITIES; ADVISORY COMMITTEE; REPORT
      Pub. L. 101-624, title XIII, subtitle C, Nov. 28, 1990, 104 Stat.
    3566, as amended by Pub. L. 102-237, title I, Sec. 114(a)(3), Dec.
    13, 1991, 105 Stat. 1838, provided that:

      "SEC. 1351. DEFINITION.
      "As used in this subtitle, the term 'cosmetic appearance' means
    the exterior appearance of an agricultural commodity, including
    changes to that appearance resulting from superficial damage or
    other alteration that do not significantly affect yield, taste, or
    nutritional value.

      "SEC. 1352. RESEARCH.
      "(a) Requirement. - The Secretary of Agriculture shall conduct
    research to examine the effects, to the extent listed in subsection
    (b), of grade standards and other regulations, as developed and
    promulgated pursuant to the Agricultural Marketing Act of 1946 (7
    U.S.C. 1621 et seq.), and other statutes governing cosmetic
    appearance.
      "(b) Scope of Research. - The primary goal of this research is to
    investigate the extent to which grade standards and other
    regulations governing cosmetic appearance affect pesticide use in
    the production of perishable commodities. The research shall also -
    
        "(1) determine pesticide application levels for United States
      perishable commodity production and assess trends, and factors
      influencing those trends, of pesticide application levels since
      1975;
        "(2) determine the extent to which Federal grade standards and
      other regulations affect pesticide use in agriculture for
      cosmetic appearance;
        "(3) determine the effect of reducing emphasis on cosmetic
      appearance in grade standards and other regulations on - 
          "(A) the application and availability of pesticides in
        agriculture;
          "(B) the adoption of agricultural practices that result in
        reduced pesticide use;
          "(C) production and marketing costs;
          "(D) domestic and international markets and trade for
        perishable commodities;
        "(4) determine the extent to which grade standards and other
      regulations reflect consumer preferences;
        "(5) develop options for implementation of food marketing
      policies and practices that will remove obstacles that may exist
      to pesticide use reduction, based on the findings of research
      conducted under this section.
      "(c) Field Research. - 
        "(1) Length of projects. - The Secretary of Agriculture shall
      implement, not later than 12 months after the date of enactment
      of this Act [Nov. 28, 1990], a minimum of three, 2-year market
      research projects, in at least three States, to demonstrate and
      evaluate the feasibility of consumer education and information
      programs.
        "(2) Scope of field research. - Research under paragraph (1)
      shall be conducted to evaluate programs designed to - 
          "(A) offer consumers choices among perishable commodities
        produced with different production practices;
          "(B) provide consumers with information about agricultural
        practices used in the production of perishable commodities; or
          "(C) educate the public about the relationship, as determined
        in the research conducted under this subtitle, between the
        cosmetic appearance of perishable commodities and pesticide
        use.
      "(d) Dissemination of Results. - The Secretary of Agriculture
    shall disseminate to concerned parties the results obtained from
    prior scientifically valid research concerning Federal marketing
    policies and practices described in this section to avoid any
    duplication of effort and to ensure that current knowledge
    concerning such policies and practices is enhanced.
      "(e) Advisory Committee. - 
        "(1) Establishment. - The Secretary of Agriculture shall
      establish an advisory committee for the purpose of providing
      ongoing review of the implementation of the requirements in this
      section and providing the Secretary of Agriculture with
      recommendations regarding the implementation of those
      requirements.
        "(2) Membership. - The Advisory Committee shall consist of 12
      members comprised of three representatives from not-for-profit
      consumer organizations, three representatives from not-for-profit
      environmental organizations, three representatives from
      production agriculture and the perishable commodity grower and
      shipper community, and three representatives from the food
      retailing sector, each with experience in the policy issues
      discussed in this section.
      "(f) Report. - The Secretary of Agriculture shall report to
    Congress on the research conducted under this section no later than
    September 30, 1992. The Secretary shall report on the research
    conducted under subsection (c) no later than September 30, 1993.

      "SEC. 1353. CHANGES IN PROCEDURAL REGULATIONS.
      "With regard to Federal grade standards developed and promulgated
    pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
    et seq.), the Secretary of Agriculture shall:
        "(1) Take into account the impact of those standards on the
      ability of perishable commodity growers to reduce the use of
      pesticides.
        "(2) Provide for citizens outside of the perishable commodity
      industry fair and reasonable opportunity to formally petition a
      change in grade standards.
        "(3) Provide for a comment period after a formal petition to
      change grade standards has been made to enable all interested
      parties to submit information. The Secretary of Agriculture shall
      evaluate the information and consider it in the revision process.
        "(4) Provide interested parties with annual status reports
      during the period 1992 through 1994, updated upon request, on all
      pending grade standard changes the Department of Agriculture is
      considering.

      "SEC. 1354. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated to carry out the
    activities required under this subtitle, $4,000,000 for each fiscal
    year."

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    7 USC Sec. 1622a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1622a. Authority to assist farmers and elevator operators

-STATUTE-
      The Secretary may provide technical assistance (including
    information on such financial assistance as may be available) to
    grain producers and elevator operators to assist such producers and
    operators in installing or improving grain cleaning, drying or
    storage equipment.

-SOURCE-
    (Pub. L. 101-624, title XX, Sec. 2014, Nov. 28, 1990, 104 Stat.
    3933.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Grain Quality Incentives Act
    of 1990, and also as part of the Food, Agriculture, Conservation,
    and Trade Act of 1990, and not as part of the Agricultural
    Marketing Act of 1946 which comprises this chapter.

-End-

-CITE-
    7 USC Sec. 1623                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1623. Authorization of appropriations; allotments to States

-STATUTE-
      (a) In order to conduct research and service work in connection
    with the preparation for market, processing, packaging, handling,
    storing, transporting, distributing, and marketing of agricultural
    products as authorized by this chapter, there is hereby authorized
    to be appropriated the following sums:
        (1) $2,500,000 for the fiscal year ending June 30, 1947, and
      each subsequent fiscal year.
        (2) An additional $2,500,000 for the fiscal year ending June
      30, 1948, and each subsequent fiscal year.
        (3) An additional $5,000,000 for the fiscal year ending June
      30, 1949, and each subsequent fiscal year.
        (4) An additional $5,000,000 for the fiscal year ending June
      30, 1950, and each subsequent fiscal year.
        (5) An additional $5,000,000 for the fiscal year ending June
      30, 1951, and each subsequent fiscal year.
        (6) In addition to the foregoing, such additional funds
      beginning with the fiscal year ending June 30, 1952, and
      thereafter, as the Congress may deem necessary.

    Such sums appropriated in pursuance of this chapter shall be in
    addition to, and not in substitution for, sums appropriated or
    otherwise made available to the Department of Agriculture.
      (b) The Secretary of Agriculture is authorized to make available
    from such funds such sums as he may deem appropriate for allotment
    to State departments of agriculture, State bureaus and departments
    of markets, State agricultural experiment stations, and other
    appropriate State agencies for cooperative projects in marketing
    service and in marketing research to effectuate the purposes of
    this chapter: Provided, That no such allotment and no payment under
    any such allotment shall be made for any fiscal year to any State
    agency in excess of the amount which such State agency makes
    available out of its own funds for such research. The funds which
    State agencies are required to make available in order to qualify
    for such an allotment shall be in addition to any funds now
    available to such agencies for marketing services and for marketing
    research. The allotments authorized under this section shall be
    made to the agency or agencies best equipped and qualified to
    conduct the specific project to be undertaken. Such allotments
    shall be covered by cooperative agreements between the Secretary of
    Agriculture and the cooperating agency and shall include
    appropriate provisions for preventing duplication or overlapping of
    work within the State or States cooperating. Should duplication or
    overlapping occur subsequent to approval of a cooperative project
    or allotment of funds, the Secretary of Agriculture is authorized
    and directed to withhold unexpended balances on such projects
    notwithstanding the prior approval thereof.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 204, 60 Stat. 1089.)

-End-

-CITE-
    7 USC Sec. 1623a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1623a. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 107-76, title VII, Sec. 703, Nov. 28, 2001, 115
    Stat. 731, which provided that not less than $1,500,000 of the
    appropriations of the Department of Agriculture for research and
    service work authorized by sections 427, 427i, and 1621 et seq. of
    this title and chapter 63 of title 31 would be available for
    contracting in accordance with those laws, was from the
    Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 2002, and was not repeated in
    subsequent appropriation acts. Similar provisions were contained in
    the following prior appropriation acts:
      Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 703], Oct. 28, 2000,
    114 Stat. 1549, 1549A-28.
      Pub. L. 106-78, title VII, Sec. 703, Oct. 22, 1999, 113 Stat.
    1160.
      Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 703], Oct.
    21, 1998, 112 Stat. 2681, 2681-25.
      Pub. L. 105-86, title VII, Sec. 703, Nov. 18, 1997, 111 Stat.
    2104.
      Pub. L. 104-180, title VII, Sec. 703, Aug. 6, 1996, 110 Stat.
    1596.
      Pub. L. 104-37, title VII, Sec. 703, Oct. 21, 1995, 109 Stat.
    329.
      Pub. L. 103-330, title VII, Sec. 703, Sept. 30, 1994, 108 Stat.
    2466.
      Pub. L. 103-111, title VII, Sec. 703, Oct. 21, 1993, 107 Stat.
    1078.
      Pub. L. 102-341, title VII, Sec. 703, Aug. 14, 1992, 106 Stat.
    906.
      Pub. L. 102-142, title VII, Sec. 704, Oct. 28, 1991, 105 Stat.
    911.
      Pub. L. 101-506, title VI, Sec. 604, Nov. 5, 1990, 104 Stat.
    1346.
      Pub. L. 101-161, title VI, Sec. 604, Nov. 21, 1989, 103 Stat.
    982.
      Pub. L. 100-460, title VI, Sec. 604, Oct. 1, 1988, 102 Stat.
    2259.
      Pub. L. 100-202, Sec. 101(k) [title VI, Sec. 604], Dec. 22, 1987,
    101 Stat. 1329-322, 1329-353.
      Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 604], Oct. 18, 1986,
    100 Stat. 1783, 1783-27, and Pub. L. 99-591, Sec. 101(a) [title VI,
    Sec. 604], Oct. 30, 1986, 100 Stat. 3341, 3341-27.
      Pub. L. 99-190, Sec. 101(a) [H.R. 3037, title VI, Sec. 604], Dec.
    19, 1985, 99 Stat. 1185; Pub. L. 100-202, Sec. 106, Dec. 22, 1987,
    101 Stat. 1329-433.
      Pub. L. 97-370, title VI, Sec. 604, Dec. 18, 1982, 96 Stat. 1810.
      Pub. L. 97-103, title VI, Sec. 604, Dec. 23, 1981, 95 Stat. 1487.
      Pub. L. 96-528, title VI, Sec. 604, Dec. 15, 1980, 94 Stat. 3116.
      Pub. L. 96-108, title VI, Sec. 603, Nov. 9, 1979, 93 Stat. 840.
      Pub. L. 95-448, title VI, Sec. 603, Oct. 11, 1978, 92 Stat. 1092.
      Pub. L. 95-97, title VI, Sec. 603, Aug. 12, 1977, 91 Stat. 828.
      Pub. L. 94-351, title VI, Sec. 603, July 12, 1976, 90 Stat. 868.
      Pub. L. 94-122, title VI, Sec. 605, Oct. 21, 1975, 89 Stat. 667.
      Pub. L. 93-563, title V, Sec. 505, Dec. 31, 1974, 88 Stat. 1842.
      Pub. L. 93-135, title V, Sec. 506, Oct. 24, 1973, 87 Stat. 490.
      Pub. L. 92-399, title V, Sec. 506, Aug. 22, 1972, 86 Stat. 611.
      Pub. L. 92-73, title V, Sec. 506, Aug. 10, 1971, 85 Stat. 201.
      Pub. L. 91-566, title V, Sec. 506, Dec. 22, 1970, 84 Stat. 1496.
      Pub. L. 91-127, title V, Sec. 506, Nov. 26, 1969, 83 Stat. 260.
      Pub. L. 90-463, title V, Sec. 506, Aug. 8, 1968, 82 Stat. 653.
      Pub. L. 90-113, title V, Sec. 506, Oct. 24, 1967, 81 Stat. 335.
      Pub. L. 89-556, title V, Sec. 506, Sept. 7, 1966, 80 Stat. 704.
      Pub. L. 89-316, title V, Sec. 506, Nov. 2, 1965, 79 Stat. 1179.
      Pub. L. 88-573, title V, Sec. 506, Sept. 2, 1964, 78 Stat. 876.
      Pub. L. 88-250, title VI, Sec. 606, Dec. 30, 1963, 77 Stat. 833.
      Pub. L. 87-879, title VI, Sec. 606, Oct. 24, 1962, 76 Stat. 1215.
      Pub. L. 87-112, title V, Sec. 506, July 26, 1961, 75 Stat. 241.
      Pub. L. 86-532, title IV, Sec. 406, June 29, 1960, 74 Stat. 244.
      Pub. L. 86-80, title IV, Sec. 406, July 8, 1959, 73 Stat. 180.
      Pub. L. 85-459, title IV, Sec. 406, June 13, 1958, 72 Stat. 199.
      Pub. L. 85-118, title V, Sec. 506, Aug. 2, 1957, 71 Stat. 340.
      June 4, 1956, ch. 355, title V, Sec. 506, 70 Stat. 241.
      May 23, 1955, ch. 43, title V, Sec. 506, 69 Stat. 63.
      June 29, 1954, ch. 409, title V, Sec. 506, 68 Stat. 319.

-End-

-CITE-
    7 USC Sec. 1624                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1624. Cooperation with Government and State agencies, private
      research organizations, etc.; rules and regulations

-STATUTE-
      (a) In carrying out the provisions of this chapter, the Secretary
    of Agriculture may cooperate with other branches of the Government,
    State agencies, private research organizations, purchasing and
    consuming organizations, boards of trade, chambers of commerce,
    other associations of business or trade organizations,
    transportation and storage agencies and organizations, or other
    persons or corporations engaged in the production, transportation,
    storing, processing, marketing, and distribution of agricultural
    products whether operating in one or more jurisdictions. The
    Secretary of Agriculture shall have authority to enter into
    contracts and agreements under the terms of regulations promulgated
    by him with States and agencies of States, private firms,
    institutions, and individuals for the purpose of conducting
    research and service work, making and compiling reports and
    surveys, and carrying out other functions relating thereto when in
    his judgment the services or functions to be performed will be
    carried out more effectively, more rapidly, or at less cost than if
    performed by the Department of Agriculture. Contracts under this
    section may be made for work to be performed within a period not
    more than four years from the date of any such contract, and
    advance, progress, or other payments may be made. The provisions of
    section 3324(a) and (b) of title 31 and section 5 of title 41 shall
    not be applicable to contracts or agreements made under the
    authority of this section. Any unexpended balances of
    appropriations obligated by contracts as authorized by this section
    may, notwithstanding the provisions of section 5 of the Act of June
    20, 1874, as amended (31 U.S.C., sec. 713), remain upon the books
    of the Treasury for not more than five fiscal years before being
    carried to the surplus fund and covered into the Treasury. Any
    contract made pursuant to this section shall contain requirements
    making the result of such research and investigations available to
    the public by such means as the Secretary of Agriculture shall
    determine.
      (b) The Secretary of Agriculture shall promulgate such orders,
    rules, and regulations as he deems necessary to carry out the
    provisions of this chapter.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 205, 60 Stat. 1090; Aug.
    30, 1954, ch. 1076, Sec. 1(7), 68 Stat. 966.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5 of the Act of June 20, 1874, as amended (31 U.S.C. sec.
    713), referred to in subsec. (a), was repealed by act July 6, 1949,
    ch. 299, Sec. 3, 63 Stat. 407.

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 3324(a) and (b) of title 31" substituted
    for reference to section 3648 (31 U.S.C., sec. 529) of the Revised
    Statutes on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,
    96 Stat. 1067, the first section of which enacted Title 31, Money
    and Finance.

-MISC1-
                                AMENDMENTS                            
      1954 - Subsec. (b). Act Aug. 30, 1954, repealed second sentence
    requiring Secretary of Agriculture to include in his annual report
    to Congress a complete statement of research work being performed
    under contracts or cooperative agreements under this chapter.

                    DISTRIBUTION OF SURPLUS COMMODITIES                
      Pub. L. 97-253, title I, Sec. 191, Sept. 8, 1982, 96 Stat. 787,
    provided that:
      "(a) The Congress finds that - 
        "(1) for an increasing number of people in the United States,
      these are times of great suffering and deprivation;
        "(2) rising unemployment, decreasing appropriations for social
      services, and increasingly adverse economic conditions have all
      contributed to produce hunger and want on a scale not experienced
      since the time of the Great Depression;
        "(3) the demand for every conceivable form of assistance for
      the hungry and needy people of the United States grows more
      critical daily, while the availability of goods and services to
      meet the needs of such people is rapidly diminishing;
        "(4) soup kitchens, food banks, and other organizations which
      provide food to the hungry report an astronomical increase in the
      number of persons seeking the assistance of such organizations;
        "(5) according to a study completed by the General Accounting
      Office [now Government Accountability Office] in 1977, one
      hundred and thirty-seven million tons of food, or more than 20
      per centum of this country's total annual food production, is
      wasted or discarded in the United States each year;
        "(6) at wholesale and retail food distributors, shipping
      terminals, and other establishments all across the country,
      enormous quantities of fresh fruits and vegetables and dated
      dairy and bakery products are discarded each day, while growing
      numbers of Americans go to bed hungry and undernourished each
      night;
        "(7) in these times of budget constraints and appeals for
      reductions in Federal spending, the use of private resources to
      meet the basic food requirements of our citizens should be
      encouraged; and
        "(8) many States and local governments have not enacted laws
      which limit the liability of food donors, such as so-called Good
      Samaritan Acts and donor liability laws, and thus have
      discouraged donation of food to the needy by private persons.
      "(b) It is the sense of the Congress that - 
        "(1) departments and agencies of the Federal Government should
      take such steps as may be necessary to distribute to hungry
      people of the United States surplus food or food which would
      otherwise be discarded;
        "(2) State and local governments which have not yet enacted so-
      called Good Samaritan or donor liability laws to encourage
      private cooperative efforts to provide food for hungry people
      within their respective jurisdictions should do so as quickly as
      possible; and
        "(3) wholesale and retail food distributors, shipping
      terminals, and other establishments should work more closely with
      religious, community, and other charitable organizations to make
      wholesome food which is currently being wasted or discarded by
      such establishments available for immediate distribution to
      hungry people of the United States."

-End-

-CITE-
    7 USC Sec. 1625                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1625. Transfer and consolidation of functions, powers,
      bureaus, etc.

-STATUTE-
      In order to facilitate administration and to increase the
    effectiveness of the marketing research, service, and regulatory
    work of the Department of Agriculture to the fullest extent
    practicable, the Secretary of Agriculture is authorized,
    notwithstanding any other provisions of law, to transfer, group,
    coordinate, and consolidate the functions, powers, duties, and
    authorities of each and every agency, division, bureau, service,
    section, or other administrative unit in the Department of
    Agriculture primarily concerned with research, service, or
    regulatory activities in connection with the marketing,
    transportation, storage, processing, distribution of, or service or
    regulatory activities in connection with, the utilization of,
    agricultural products, into a single administrative agency. In
    making such changes as may be necessary to carry out effectively
    the purposes of this chapter, the records, property, personnel, and
    funds of such agencies, divisions, bureaus, services, sections, or
    other administrative units in the Department of Agriculture
    affected are authorized to be transferred to and used by such
    administrative agency to which the transfer may be made, but such
    unexpended balances of appropriations so transferred shall be used
    only for the purposes for which such appropriations were made.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 206, 60 Stat. 1090.)

-End-

-CITE-
    7 USC Sec. 1626                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1626. Definitions

-STATUTE-
      When used in this chapter, the term "agricultural products"
    includes agricultural, horticultural, viticultural, and dairy
    products, livestock and poultry, bees, forest products, fish and
    shellfish, and any products thereof, including processed and
    manufactured products, and any and all products raised or produced
    on farms and any processed or manufactured product thereof, and the
    term "State" when used in this chapter shall include the Virgin
    Islands and Guam.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 207, 60 Stat. 1091; Pub. L.
    92-318, title V, Sec. 506(f), June 23, 1972, 86 Stat. 351.)

-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-318 inserted definition of "State" as including
    Virgin Islands and Guam.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by Pub. L. 92-318 effective after June 30, 1970, see
    section 506(n) of Pub. L. 92-318, set out as a note under section
    326a of this title.

-End-

-CITE-
    7 USC Sec. 1627                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1627. Appointment of personnel; compensation; employment of
      specialists

-STATUTE-
      The Secretary of Agriculture shall have the power to appoint,
    remove, and fix, in accordance with existing law, the compensation
    of such officers and employees, and to make such expenditures as he
    deems necessary, including expenditures for rent outside the
    District of Columbia, travel, supplies, books, equipment, and such
    other expenditures as may be necessary to the administration of
    this chapter: Provided, That the Secretary of Agriculture may
    appoint any technically qualified person, firm, or organization by
    contract or otherwise on a temporary basis and for a term not to
    exceed six months in any fiscal year to perform research,
    inspection, classification, technical, or other special services,
    without regard to the civil-service laws.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 208, 60 Stat. 1091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil-service laws, referred to in text, are set forth in
    Title 5, Government Organization and Employees. See, particularly,
    section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      Provisions that authorized the Secretary of Agriculture to "fix
    the compensation" of any technically qualified person, firm, or
    organization by contract or otherwise on a temporary basis and for
    a term not to exceed six months in any fiscal year to perform
    research, inspection, classification, technical or other special
    services, without regard to the "Classification Act of 1923, as
    amended" were omitted as obsolete. Sections 1202 and 1204 of the
    Classification Act of 1949, 63 Stat. 972, 973 repealed the 1923 Act
    and all laws or parts of laws inconsistent with the 1949 Act. While
    section 1106(a) of the 1949 Act provided that references in other
    laws to the 1923 Act should be held and considered to mean the 1949
    Act, it did not have the effect of continuing the exceptions
    contained in this subsection because of section 1106(b) which
    provided that the application of the 1949 Act to any position,
    officer, or employee shall not be affected by section 1106(a). The
    Classification Act of 1949 was repealed by Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 632 (of which section 1 revised and
    enacted Title 5, U.S.C., into law). Section 5102 of Title 5, now
    contains the applicability provisions of the 1949 Act, and section
    5103 of Title 5 authorizes the Office of Personnel Management to
    determine the applicability to specific positions and employees.

-End-

-CITE-
    7 USC Sec. 1628                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1628. Repealed.

-MISC1-
    Sec. 1628. Repealed. Pub. L. 93-86, Sec. 2, Aug. 10, 1973, 87 Stat.
      246.
      Section, acts Aug. 14, 1946, ch. 966, title III, Sec. 301, 60
    Stat. 1091; Dec. 29, 1967, Pub. L. 90-233, 81 Stat. 752, provided
    for establishment and staffing of a national advisory committee to
    aid in implementing the research and service work authorized under
    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.

-End-

-CITE-
    7 USC Sec. 1629                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1629. Establishment of committees to assist in research and
      service programs

-STATUTE-
      In the furtherance of the research and service work authorized by
    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.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title III, Sec. 302, 60 Stat. 1091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The national advisory committee, referred to in text, was
    established by section 1628 of this title, which was subsequently
    repealed by Pub. L. 93-86, Sec. 2, Aug. 10, 1973, 87 Stat. 246.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Agricultural Marketing Act
    of 1946 which comprises this chapter.

-End-

-CITE-
    7 USC Sec. 1630                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1630. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 4, 1956, ch. 355, title V, Sec. 508, 70 Stat.
    241, which provided for availability of appropriations for
    committee expenses in effectuating research and service work, was
    from the Department of Agriculture and Farm Credit Administration
    Appropriation Act, 1957, and was not repeated in subsequent
    appropriation acts. Similar provisions were contained in the
    following prior appropriation acts:
      May 23, 1955, ch. 43, title V, Sec. 509, 69 Stat. 64.
      June 29, 1954, ch. 409, title V, Sec. 509, 68 Stat. 319.

-End-

-CITE-
    7 USC Sec. 1631                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1631. Protection for purchasers of farm products

-STATUTE-
    (a) Congressional findings
      Congress finds that - 
        (1) certain State laws permit a secured lender to enforce liens
      against a purchaser of farm products even if the purchaser does
      not know that the sale of the products violates the lender's
      security interest in the products, lacks any practical method for
      discovering the existence of the security interest, and has no
      reasonable means to ensure that the seller uses the sales
      proceeds to repay the lender;
        (2) these laws subject the purchaser of farm products to double
      payment for the products, once at the time of purchase, and again
      when the seller fails to repay the lender;
        (3) the exposure of purchasers of farm products to double
      payment inhibits free competition in the market for farm
      products; and
        (4) this exposure constitutes a burden on and an obstruction to
      interstate commerce in farm products.
    (b) Declaration of purpose
      The purpose of this section is to remove such burden on and
    obstruction to interstate commerce in farm products.
    (c) Definitions
      For the purposes of this section - 
        (1) The term "buyer in the ordinary course of business" means a
      person who, in the ordinary course of business, buys farm
      products from a person engaged in farming operations who is in
      the business of selling farm products.
        (2) The term "central filing system" means a system for filing
      effective financing statements or notice of such financing
      statements on a statewide basis and which has been certified by
      the Secretary of the United States Department of Agriculture; the
      Secretary shall certify such system if the system complies with
      the requirements of this section; specifically under such system -
       
          (A) effective financing statements or notice of such
        financing statements are filed with the office of the Secretary
        of State of a State;
          (B) the Secretary of State records the date and hour of the
        filing of such statements;
          (C) the Secretary of State compiles all such statements into
        a master list - 
            (i) organized according to farm products;
            (ii) arranged within each such product - 
              (I) in alphabetical order according to the last name of
            the individual debtors, or, in the case of debtors doing
            business other than as individuals, the first word in the
            name of such debtors; and
              (II) in numerical order according to the social security
            number, or other approved unique identifier, of the
            individual debtors or, in the case of debtors doing
            business other than as individuals, the Internal Revenue
            Service taxpayer identification number, or other approved
            unique identifier, of such debtors; 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 of the statement, or,
        in the case of a State which (under the applicable State law
        provisions of the Uniform Commercial Code) allows the
        electronic filing of financing statements without the signature
        of the debtor, is an electronically reproduced copy of the
        statement;
          (B) other than in the case of an electronically reproduced
        copy of the statement, is signed, authorized, or otherwise
        authenticated by the debtor, and filed with the Secretary of
        State of a State by the secured party;
          (C) contains,
            (i) the name and address of the secured party;
            (ii) the name and address of the person indebted to the
          secured party;
            (iii) the social security number, or other approved unique
          identifier, of the debtor or, in the case of a debtor doing
          business other than as an individual, the Internal Revenue
          Service taxpayer identification number, or other approved
          unique identifier, of such debtor; and
            (iv) a description of the farm products subject to the
          security interest created by the debtor, including the amount
          of such products where applicable, and the name of each
          county or parish in which the farm products are produced or
          located;

          (D) must be amended in writing, within 3 months, similarly
        signed, authorized, or otherwise authenticated by the debtor
        and filed, to reflect material changes;
          (E) remains effective for a period of 5 years from the date
        of filing, subject to extensions for additional periods of 5
        years each by refiling or filing a continuation statement
        within 6 months before the expiration of the initial 5 year
        period;
          (F) lapses on either the expiration of the effective period
        of the statement or the filing of a notice signed, authorized,
        or otherwise authenticated by the secured party that the
        statement has lapsed, whichever occurs first;
          (G) is accompanied by the requisite filing fee set by the
        Secretary of State; and
          (H) substantially complies with the requirements of this
        subparagraph even though it contains minor errors that are not
        seriously misleading.

        (5) (!3) The term "farm product" means an agricultural
      commodity such as wheat, corn, soybeans, or a species of
      livestock such as cattle, hogs, sheep, horses, or poultry used or
      produced in farming operations, or a product of such crop or
      livestock in its unmanufactured state (such as ginned cotton,
      wool-clip, maple syrup, milk, and eggs), that is in the
      possession of a person engaged in farming operations.

        (6) The term "knows" or "knowledge" means actual knowledge.
        (7) The term "security interest" means an interest in farm
      products that secures payment or performance of an obligation.
        (8) The term "selling agent" means any person, other than a
      commission merchant, who is engaged in the business of
      negotiating the sale and purchase of any farm product on behalf
      of a person engaged in farming operations.
        (9) The term "State" means each of the 50 States, the District
      of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
      Islands of the United States, American Samoa, the Commonwealth of
      the Northern Mariana Islands, or the Trust Territory of the
      Pacific Islands.
        (10) The term "person" means any individual, partnership,
      corporation, trust, or any other business entity.
        (11) The term "Secretary of State" means the Secretary of State
      or the designee of the State.
        (5) (!4) The term "approved unique identifier" means a number,
      combination of numbers and letters, or other identifier selected
      by the Secretary of State using a selection system or method
      approved by the Secretary of Agriculture.

    (d) Purchases free of security interest
      Except as provided in subsection (e) of this section and
    notwithstanding any other provision of Federal, State, or local
    law, a buyer who in the ordinary course of business buys a farm
    product from a seller engaged in farming operations shall take free
    of a security interest created by the seller, even though the
    security interest is perfected; and the buyer knows of the
    existence of such interest.
    (e) Purchases subject to security interest
      A buyer of farm products takes subject to a security interest
    created by the seller if - 
        (1)(A) within 1 year before the sale of the farm products, the
      buyer has received from the secured party or the seller written
      notice of the security interest organized according to farm
      products that - 
          (i) is an original or reproduced copy thereof;
          (ii) contains,
            (I) the name and address of the secured party;
            (II) the name and address of the person indebted to the
          secured party;
            (III) the social security number, or other approved unique
          identifier, of the debtor or, in the case of a debtor doing
          business other than as an individual, the Internal Revenue
          Service taxpayer identification number, or other approved
          unique identifier, of such debtor; and
            (IV) a description of the farm products subject to the
          security interest created by the debtor, including the amount
          of such products where applicable, crop year, and the name of
          each county or parish in which the farm products are produced
          or located;

          (iii) must be amended in writing, within 3 months, similarly
        signed, authorized, or otherwise authenticated and transmitted,
        to reflect material changes;
          (iv) will lapse on either the expiration period of the
        statement or the transmission of a notice signed, authorized,
        or otherwise authenticated by the secured party that the
        statement has lapsed, whichever occurs first; and
          (v) contains any payment obligations imposed on the buyer by
        the secured party as conditions for waiver or release of the
        security interest; and

        (B) the buyer has failed to perform the payment obligations, or
        (2) in the case of a farm product produced in a State that has
      established a central filing system - 
          (A) the buyer has failed to register with the Secretary of
        State of such State prior to the purchase of farm products; and
          (B) the secured party has filed an effective financing
        statement or notice that covers the farm products being sold;
        or

        (3) in the case of a farm product produced in a State that has
      established a central filing system, the buyer - 
          (A) receives from the Secretary of State of such State
        written notice as provided in subsection (c)(2)(E) or (c)(2)(F)
        that specifies both the seller and the farm product being sold
        by such seller as being subject to an effective financing
        statement or notice; and
          (B) does not secure a waiver or release of the security
        interest specified in such effective financing statement or
        notice from the secured party by performing any payment
        obligation or otherwise.
    (f) Law governing "receipt"
      What constitutes receipt, as used in this section, shall be
    determined by the law of the State in which the buyer resides.
    (g) Commission merchants or selling agents: sales free of or
      subject to security interest; law governing "receipt"
      (1) Except as provided in paragraph (2) and notwithstanding any
    other provision of Federal, State, or local law, a commission
    merchant or selling agent who sells, in the ordinary course of
    business, a farm product for others, shall not be subject to a
    security interest created by the seller in such farm product even
    though the security interest is perfected and even though the
    commission merchant or selling agent knows of the existence of such
    interest.
      (2) A commission merchant or selling agent who sells a farm
    product for others shall be subject to a security interest created
    by the seller in such farm product if - 
        (A) within 1 year before the sale of such farm product the
      commission merchant or selling agent has received from the
      secured party or the seller written notice of the security
      interest; organized according to farm products, that - 
          (i) is an original or reproduced copy thereof;
          (ii) contains,
            (I) the name and address of the secured party;
            (II) the name and address of the person indebted to the
          secured party;
            (III) the social security number, or other approved unique
          identifier, of the debtor or, in the case of a debtor doing
          business other than as an individual, the Internal Revenue
          Service taxpayer identification number, or other approved
          unique identifier, of such debtor; and
            (IV) a description of the farm products subject to the
          security interest created by the debtor, including the amount
          of such products, where applicable, crop year, and the name
          of each county or parish in which the farm products are
          produced or located;

          (iii) must be amended in writing, within 3 months, similarly
        signed, authorized, or otherwise authenticated and transmitted,
        to reflect material changes;
          (iv) will lapse on either the expiration period of the
        statement or the transmission of a notice signed, authorized,
        or otherwise authenticated by the secured party that the
        statement has lapsed, whichever occurs first; and
          (v) contains any payment obligations imposed on the
        commission merchant or selling agent by the secured party as
        conditions for waiver or release of the security interest; and

        (B) the commission merchant or selling agent has failed to
      perform the payment obligations;
        (C) in the case of a farm product produced in a State that has
      established a central filing system - 
          (i) the commission merchant or selling agent has failed to
        register with the Secretary of State of such State prior to the
        purchase of farm products; and
          (ii) the secured party has filed an effective financing
        statement or notice that covers the farm products being sold;
        or

        (D) in the case of a farm product produced in a State that has
      established a central filing system, the commission merchant or
      selling agent - 
          (i) receives from the Secretary of State of such State
        written notice as provided in subsection (c)(2)(E) or (c)(2)(F)
        of this section that specifies both the seller and the farm
        products being sold by such seller as being subject to an
        effective financing statement or notice; and
          (ii) does not secure a waiver or release of the security
        interest specified in such effective financing statement or
        notice from the secured party by performing any payment
        obligation or otherwise.

      (3) What constitutes receipt, as used in this section, shall be
    determined by the law of the State in which the buyer resides.
    (h) Security agreements; identity lists; notice of identity or
      accounting for proceeds; violations
      (1) A security agreement in which a person engaged in farming
    operations creates a security interest in a farm product may
    require the person to furnish to the secured party a list of the
    buyers, commission merchants, and selling agents to or through whom
    the person engaged in farming operations may sell such farm
    product.
      (2) If a security agreement contains a provision described in
    paragraph (1) and such person engaged in farming operations sells
    the farm product collateral to a buyer or through a commission
    merchant or selling agent not included on such list, the person
    engaged in farming operations shall be subject to paragraph (3)
    unless the person - 
        (A) has notified the secured party in writing of the identity
      of the buyer, commission merchant, or selling agent at least 7
      days prior to such sale; or
        (B) has accounted to the secured party for the proceeds of such
      sale not later than 10 days after such sale.

      (3) A person violating paragraph (2) shall be fined $5,000 or 15
    per centum of the value or benefit received for such farm product
    described in the security agreement, whichever is greater.
    (i) Regulations
      The Secretary of Agriculture shall prescribe regulations not
    later than 90 days after December 23, 1985, to aid States in the
    implementation and management of a central filing system.
    (j) Effective date
      This section shall become effective 12 months after December 23,
    1985.

-SOURCE-
    (Pub. L. 99-198, title XIII, Sec. 1324, Dec. 23, 1985, 99 Stat.
    1535; Pub. L. 104-127, title VI, Sec. 662, Apr. 4, 1996, 110 Stat.
    1107; Pub. L. 107-171, title X, Sec. 10604, May 13, 2002, 116 Stat.
    512; Pub. L. 108-447, div. A, title VII, Sec. 776, Dec. 8, 2004,
    118 Stat. 2849.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Food Security Act of 1985, and
    not as part of the Agricultural Marketing Act of 1946 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(2)(C)(ii)(II), (4)(C)(iii). Pub. L. 108-447,
    Sec. 776(1)(A), (B), inserted ", or other approved unique
    identifier," after "social security number" and "identification
    number".
      Subsec. (c)(5). Pub. L. 108-447, Sec. 776(1)(C), added par. (5)
    defining "approved unique identifier" at end of subsec. (c).
      Subsecs. (e)(1)(A)(ii)(III), (g)(2)(A)(ii)(III). Pub. L. 108-447,
    Sec. 776(2), (3), inserted ", or other approved unique identifier,"
    after "social security number" and "identification number".
      2002 - Subsec. (c)(4)(B). Pub. L. 107-171, Sec. 10604(a)(1),
    substituted "signed, authorized, or otherwise authenticated by the
    debtor," for "signed".
      Subsec. (c)(4)(C). Pub. L. 107-171, Sec. 10604(a)(2), (6),
    redesignated subpar. (D) as (C) and struck out former subpar. (C)
    which read as follows: "other than in the case of an electronically
    reproduced copy of the statement, is signed by the debtor;".
      Subsec. (c)(4)(D). Pub. L. 107-171, Sec. 10604(a)(6),
    redesignated subpar. (E) as (D). Former subpar. (D) redesignated
    (C).
      Subsec. (c)(4)(D)(iii). Pub. L. 107-171, Sec. 10604(a)(3)(A),
    inserted "and" after semicolon at end.
      Subsec. (c)(4)(D)(iv). Pub. L. 107-171, Sec. 10604(a)(3)(B),
    substituted "applicable, and the name of each county or parish in
    which the farm products are produced or located;" for "applicable;
    and a reasonable description of the property, including county or
    parish in which the property is located;".
      Subsec. (c)(4)(E). Pub. L. 107-171, Sec. 10604(a)(6),
    redesignated subpar. (F) as (E). Former subpar. (E) redesignated
    (D).
      Pub. L. 107-171, Sec. 10604(a)(4), substituted "signed,
    authorized, or otherwise authenticated by the debtor" for "signed".
      Subsec. (c)(4)(F). Pub. L. 107-171, Sec. 10604(a)(6),
    redesignated subpar. (G) as (F). Former subpar. (F) redesignated
    (E).
      Subsec. (c)(4)(G). Pub. L. 107-171, Sec. 10604(a)(6),
    redesignated subpar. (H) as (G). Former subpar. (G) redesignated
    (F).
      Pub. L. 107-171, Sec. 10604(a)(5), substituted "notice signed,
    authorized, or otherwise authenticated" for "notice signed".
      Subsec. (c)(4)(H), (I). Pub. L. 107-171, Sec. 10604(a)(6),
    redesignated subpar. (I) as (H). Former subpar. (H) redesignated
    (G).
      Subsec. (e)(1)(A)(ii)(III). Pub. L. 107-171, Sec. 10604(b)(1)(A),
    inserted "and" after semicolon at end.
      Subsec. (e)(1)(A)(ii)(IV). Pub. L. 107-171, Sec. 10604(b)(1)(B),
    substituted "crop year, and the name of each county or parish in
    which the farm products are produced or located;" for "crop year,
    county or parish, and a reasonable description of the property;
    and".
      Subsec. (e)(1)(A)(iii). Pub. L. 107-171, Sec. 10604(b)(2),
    substituted "similarly signed, authorized, or otherwise
    authenticated" for "similarly signed".
      Subsec. (e)(1)(A)(iv). Pub. L. 107-171, Sec. 10604(b)(3),
    substituted "notice signed, authorized, or otherwise authenticated"
    for "notice signed".
      Subsec. (e)(1)(A)(v). Pub. L. 107-171, Sec. 10604(b)(4), inserted
    "contains" before "any payment".
      Subsec. (e)(3)(A). Pub. L. 107-171, Sec. 10604(b)(5)(A),
    substituted "subsection" for "subparagraph".
      Subsec. (e)(3)(B). Pub. L. 107-171, Sec. 10604(b)(5)(B),
    substituted a period for "; and" at end.
      Subsec. (g)(2)(A)(ii)(III). Pub. L. 107-171, Sec. 10604(c)(1)(A),
    inserted "and" after semicolon at end.
      Subsec. (g)(2)(A)(ii)(IV). Pub. L. 107-171, Sec. 10604(c)(1)(B),
    substituted "crop year, and the name of each county or parish in
    which the farm products are produced or located;" for "crop year,
    county or parish, and a reasonable description of the property,
    etc.; and".
      Subsec. (g)(2)(A)(iii). Pub. L. 107-171, Sec. 10604(c)(2),
    substituted "similarly signed, authorized, or otherwise
    authenticated" for "similarly signed".
      Subsec. (g)(2)(A)(iv). Pub. L. 107-171, Sec. 10604(c)(3),
    substituted "notice signed, authorized, or otherwise authenticated"
    for "notice signed".
      Subsec. (g)(2)(A)(v). Pub. L. 107-171, Sec. 10604(c)(4), inserted
    "contains" before "any payment".
      1996 - Subsec. (c)(4)(A). Pub. L. 104-127, Sec. 662(1),
    substituted "of the statement, or, in the case of a State which
    (under the applicable State law provisions of the Uniform
    Commercial Code) allows the electronic filing of financing
    statements without the signature of the debtor, is an
    electronically reproduced copy of the statement" for "thereof".
      Subsec. (c)(4)(B), (C). Pub. L. 104-127, Sec. 662(2), inserted
    "other than in the case of an electronically reproduced copy of the
    statement," before "is".

-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-FOOTNOTE-
    (!1) So in original. Probably should be "subparagraph".

    (!2) So in original. Probably should be "pursuant to
         subparagraph (D)".

    (!3) So in original. Another par. (5) follows par. (11).

    (!4) So in original. Another par. (5) follows par. (4).

-End-

-CITE-
    7 USC Sec. 1632                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1632. Repealed.

-MISC1-
    Sec. 1632. Repealed. Pub. L. 107-171, title VII, Sec. 7303, May 13,
      2002, 116 Stat. 455.
      Section, Pub. L. 99-198, title XIV, Sec. 1436, Dec. 23, 1985, 99
    Stat. 1558, related to market expansion research.

-End-

-CITE-
    7 USC SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING         01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

-HEAD-
               SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING           

-End-

-CITE-
    7 USC Part A - Purpose; Definitions                         01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part A - Purpose; Definitions

-HEAD-
                       PART A - PURPOSE; DEFINITIONS                   

-End-

-CITE-
    7 USC Sec. 1635                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part A - Purpose; Definitions

-HEAD-
    Sec. 1635. Purpose

-STATUTE-
      The purpose of this subchapter is to establish a program of
    information regarding the marketing of cattle, swine, lambs, and
    products of such livestock that - 
        (1) provides information that can be readily understood by
      producers, packers, and other market participants, including
      information with respect to the pricing, contracting for
      purchase, and supply and demand conditions for livestock,
      livestock production, and livestock products;
        (2) improves the price and supply reporting services of the
      Department of Agriculture; and
        (3) encourages competition in the marketplace for livestock and
      livestock products.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 211, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1188.)

-MISC1-
                       LIVESTOCK MANDATORY REPORTING                   
      Pub. L. 106-78, title IX, Oct. 22, 1999, 113 Stat. 1188, as
    amended by Pub. L. 108-444, Sec. 1, Dec. 3, 2004, 118 Stat. 2635;
    Pub. L. 109-296, Sec. 1(b), Oct. 5, 2006, 120 Stat. 1464, provided
    that:

      "SEC. 901. SHORT TITLE.
      "This title [enacting sections 198 to 198b and 1635 to 1636h of
    this title and this note, amending sections 192 and 5712 of this
    title, repealing section 229a of this title, and amending
    provisions set out as a note under section 1421 of this title] may
    be cited as the 'Livestock Mandatory Reporting Act of 1999'.

                "SUBTITLE A - LIVESTOCK MANDATORY REPORTING            

      "SEC. 911. LIVESTOCK MANDATORY REPORTING.
      "[Enacted this subchapter.]

      "SEC. 912. UNJUST DISQUALIFICATION.
      "[Amended section 192 of this title.]

      "SEC. 913. CONFORMING AMENDMENTS.
      "(a) [Repealed section 229a of this title.]
      "(b) [Amended section 101(a) [title XI, Sec. 1127] of Pub. L. 105-
    277, former 7 U.S.C. 1421 note.]

              "SUBTITLE B - RELATED BEEF REPORTING PROVISIONS          

      "SEC. 921. BEEF EXPORT REPORTING.
      "[Amended section 5712 of this title.]

      "SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS.
      "Not later than 1 year after the date of the enactment of this
    Act [Oct. 22, 1999], the Secretary of Agriculture shall fully
    implement a program, through the use of a streamlined electronic
    online system, to issue and report export certificates for all meat
    and meat products.

      "SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE.
      "(a) In General. - The Secretary of Agriculture shall - 
        "(1) obtain information regarding the import of beef and beef
      variety meats (consistent with the information categories
      reported for beef exports under section 602(a) of the
      Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle
      using available information sources; and
        "(2) publish the information in a timely manner weekly and in a
      form that maximizes the utility of the information to beef
      producers, packers, and other market participants.
      "(b) Content. - The published information shall include
    information reporting the year-to-date cumulative annual imports of
    beef, beef variety meats, and cattle for the current and prior
    marketing years.

      "SEC. 924. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated such sums as are
    necessary to carry out sections 922 and 923.

             "SUBTITLE C - RELATED SWINE REPORTING PROVISIONS         

      "SEC. 931. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT.
      "(a) In General. - Effective beginning not later than 90 days
    after the date of the enactment of this Act [Oct. 22, 1999], the
    Secretary of Agriculture shall publish on a monthly basis the Hogs
    and Pigs Inventory Report.
      "(b) Gestating Sows. - The Secretary shall include in a separate
    category of the Report the number of bred female swine that are
    assumed, or have been confirmed, to be pregnant during the
    reporting period.
      "(c) Phase-Out. - Effective for a period of eight quarters after
    the implementation of the monthly report required under subsection
    (a), the Secretary shall continue to maintain and publish on a
    quarterly basis the Hogs and Pigs Inventory Report published on or
    before the date of the enactment of this Act.

      "SEC. 932. BARROW AND GILT SLAUGHTER.
      "(a) In General. - The Secretary of Agriculture shall promptly
    obtain and maintain, through an appropriate collection system or
    valid sampling system at packing plants, information on the total
    slaughter of swine that reflects differences in numbers between
    barrows and gilts, as determined by the Secretary.
      "(b) Availability. - The information shall be made available to
    swine producers, packers, and other market participants in a report
    published by the Secretary not less frequently than weekly.
      "(c) Administration. - 
        "(1) In general. - The Secretary shall administer the
      collection and compilation of information, and the publication of
      the report, required by this section.
        "(2) Nondelegation. - The Secretary shall not delegate the
      collection, compilation, or administration of the information
      required by this section to any packer (as defined in section 201
      of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)).

      "SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT.
      "(a) In General. - The Secretary of Agriculture shall contract
    with a qualified contractor to conduct a correlation study and
    prepare a report establishing a baseline and standards for
    determining and improving average trim loss measurements and
    processing techniques for pork processors to employ in the
    slaughter of swine.
      "(b) Correlation Study and Report. - The study and report shall -
    
        "(1) analyze processing techniques that would assist the pork
      processing industry in improving procedures for uniformity and
      transparency in how trim loss is discounted (in dollars per
      hundred pounds carcass weight) by different packers and
      processors;
        "(2) analyze slaughter inspection procedures that could be
      improved so that trimming procedures and policies of the
      Secretary are uniform to the maximum extent determined
      practicable by the Secretary;
        "(3) determine how the Secretary may be able to foster improved
      breeding techniques and animal handling and transportation
      procedures through training programs made available to swine
      producers so as to minimize trim loss in slaughter processing;
      and
        "(4) make recommendations that are designed to effect changes
      in the pork industry so as to achieve continuous improvement in
      average trim losses and discounts.
      "(c) Subsequent Reports on Status of Improvements and Updates in
    Baseline. - Not less frequently than once every 2 years after the
    initial publication of the report required under this section, the
    Secretary shall make subsequent periodic reports that - 
        "(1) examine the status of the improvement in reducing trim
      loss discounts in the pork processing industry; and
        "(2) update the baseline to reflect changes in trim loss
      discounts.
      "(d) Submission of Reports to Congress, Producers, Packers, and
    Others. - The reports required under this section shall be made
    available to - 
        "(1) the public on the Internet;
        "(2) the Committee on Agriculture of the House of
      Representatives;
        "(3) the Committee on Agriculture, Nutrition, and Forestry of
      the Senate;
        "(4) producers and packers; and
        "(5) other market participants.

      "SEC. 934. SWINE PACKER MARKETING CONTRACTS.
      "[Enacted sections 198 to 198b of this title.]

      "SEC. 935. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated such sums as are
    necessary to carry out this subtitle and the amendments made by
    this subtitle.

                       "SUBTITLE D - IMPLEMENTATION                   

      "SEC. 941. REGULATIONS.
      "(a) In General. - Not later than 180 days after the date of the
    enactment of this Act [Oct. 22, 1999], the Secretary of Agriculture
    shall publish final regulations to implement this title and the
    amendments made by this title.
      "(b) Publication of Proposed Regulations. - Not later than 90
    days after the date of the enactment of this Act, the Secretary
    shall publish proposed regulations to implement this title and the
    amendments made by this title.
      "(c) Comment Period. - The Secretary shall provide an opportunity
    for comment on the proposed regulations during the 30-day period
    beginning on the date of the publication of the proposed
    regulations.
      "(d) Final Regulations. - Not later than 60 days after the
    conclusion of the comment period, the Secretary shall publish the
    final regulations and implement this title and the amendments made
    by this title.

      "SEC. 942. TERMINATION OF AUTHORITY.
      "The authority provided by this title [enacting sections 198 to
    198b and 1635 to 1636h of this title and this note, amending
    sections 192 and 5712 of this title, repealing section 229a of this
    title, and amending provisions set out as a note under section 1421
    of this title] and the amendments made by this title (other than
    section 911 of subtitle A [enacting this subchapter] and the
    amendments made by that section) terminate on September 30, 2010."

-End-

-CITE-
    7 USC Sec. 1635a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part A - Purpose; Definitions

-HEAD-
    Sec. 1635a. Definitions

-STATUTE-
      In this subchapter:
      (1) Base price
        The term "base price" means the price paid for livestock,
      delivered at the packing plant, before application of any
      premiums or discounts, expressed in dollars per hundred pounds of
      carcass weight.
      (2) Basis level
        The term "basis level" means the agreed-on adjustment to a
      future price to establish the final price paid for livestock.
      (3) Current slaughter week
        The term "current slaughter week" means the period beginning
      Monday, and ending Sunday, of the week in which a reporting day
      occurs.
      (4) F.O.B.
        The term "F.O.B." means free on board, regardless of the mode
      of transportation, at the point of direct shipment by the seller
      to the buyer.
      (5) Livestock
        The term "livestock" means cattle, swine, and lambs.
      (6) Lot
        The term "lot" means a group of one or more livestock that is
      identified for the purpose of a single transaction between a
      buyer and a seller.
      (7) Marketing
        The term "marketing" means the sale or other disposition of
      livestock, livestock products, or meat or meat food products in
      commerce.
      (8) Negotiated purchase
        The term "negotiated purchase" means a cash or spot market
      purchase by a packer of livestock from a producer under which - 
          (A) the base price for the livestock is determined by seller-
        buyer interaction and agreement on a day; and
          (B) the livestock are scheduled for delivery to the packer
        not later than 14 days after the date on which the livestock
        are committed to the packer.
      (9) Negotiated sale
        The term "negotiated sale" means a cash or spot market sale by
      a producer of livestock to a packer under which - 
          (A) the base price for the livestock is determined by seller-
        buyer interaction and agreement on a day; and
          (B) the livestock are scheduled for delivery to the packer
        not later than 14 days after the date on which the livestock
        are committed to the packer.
      (10) Prior slaughter week
        The term "prior slaughter week" means the Monday through Sunday
      prior to a reporting day.
      (11) Producer
        The term "producer" means any person engaged in the business of
      selling livestock to a packer for slaughter (including the sale
      of livestock from a packer to another packer).
      (12) Reporting day
        The term "reporting day" means a day on which - 
          (A) a packer conducts business regarding livestock committed
        to the packer, or livestock purchased, sold, or slaughtered by
        the packer;
          (B) the Secretary is required to make information concerning
        the business described in subparagraph (A) available to the
        public; and
          (C) the Department of Agriculture is open to conduct
        business.
      (13) Secretary
        The term "Secretary" means the Secretary of Agriculture.
      (14) State
        The term "State" means each of the 50 States.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 212, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1188.)

-End-

-CITE-
    7 USC Part B - Cattle Reporting                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part B - Cattle Reporting

-HEAD-
                         PART B - CATTLE REPORTING                     

-End-

-CITE-
    7 USC Sec. 1635d                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part B - Cattle Reporting

-HEAD-
    Sec. 1635d. Definitions

-STATUTE-
      In this part:
      (1) Cattle committed
        The term "cattle committed" means cattle that are scheduled to
      be delivered to a packer within the 7-day period beginning on the
      date of an agreement to sell the cattle.
      (2) Cattle type
        The term "cattle type" means the following types of cattle
      purchased for slaughter:
          (A) Fed steers.
          (B) Fed heifers.
          (C) Fed Holsteins and other fed dairy steers and heifers.
          (D) Cows.
          (E) Bulls.
      (3) Formula marketing arrangement
        The term "formula marketing arrangement" means the advance
      commitment of cattle for slaughter by any means other than
      through a negotiated purchase or a forward contract, using a
      method for calculating price in which the price is determined at
      a future date.
      (4) Forward contract
        The term "forward contract" means - 
          (A) an agreement for the purchase of cattle, executed in
        advance of slaughter, under which the base price is established
        by reference to - 
            (i) prices quoted on the Chicago Mercantile Exchange; or
            (ii) other comparable publicly available prices; or

          (B) such other forward contract as the Secretary determines
        to be applicable.
      (5) Packer
        The term "packer" means any person engaged in the business of
      buying cattle in commerce for purposes of slaughter, of
      manufacturing or preparing meats or meat food products from
      cattle for sale or shipment in commerce, or of marketing meats or
      meat food products from cattle in an unmanufactured form acting
      as a wholesale broker, dealer, or distributor in commerce, except
      that - 
          (A) the term includes only a cattle processing plant that is
        federally inspected;
          (B) for any calendar year, the term includes only a cattle
        processing plant that slaughtered an average of at least
        125,000 head of cattle per year during the immediately
        preceding 5 calendar years; and
          (C) in the case of a cattle processing plant that did not
        slaughter cattle during the immediately preceding 5 calendar
        years, the Secretary shall consider the plant capacity of the
        processing plant in determining whether the processing plant
        should be considered a packer under this part.
      (6) Packer-owned cattle
        The term "packer-owned cattle" means cattle that a packer owns
      for at least 14 days immediately before slaughter.
      (7) Terms of trade
        The term "terms of trade" includes, with respect to the
      purchase of cattle for slaughter - 
          (A) whether a packer provided any financing agreement or
        arrangement with regard to the cattle;
          (B) whether the delivery terms specified the location of the
        producer or the location of the packer's plant;
          (C) whether the producer is able to unilaterally specify the
        date and time during the business day of the packer that the
        cattle are to be delivered for slaughter; and
          (D) the percentage of cattle purchased by a packer as a
        negotiated purchase that are delivered to the plant for
        slaughter more than 7 days, but fewer than 14 days, after the
        earlier of - 
            (i) the date on which the cattle were committed to the
          packer; or
            (ii) the date on which the cattle were purchased by the
          packer.
      (8) Type of purchase
        The term "type of purchase", with respect to cattle, means - 
          (A) a negotiated purchase;
          (B) a formula market arrangement; and
          (C) a forward contract.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 221, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1189.)

-End-

-CITE-
    7 USC Sec. 1635e                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part B - Cattle Reporting

-HEAD-
    Sec. 1635e. Mandatory reporting for live cattle

-STATUTE-
    (a) Establishment
      The Secretary shall establish a program of live cattle price
    information reporting that will - 
        (1) provide timely, accurate, and reliable market information;
        (2) facilitate more informed marketing decisions; and
        (3) promote competition in the cattle slaughtering industry.
    (b) General reporting provisions applicable to packers and the
      Secretary
      (1) In general
        Whenever the prices or quantities of cattle are required to be
      reported or published under this section, the prices or
      quantities shall be categorized so as to clearly delineate - 
          (A) the prices or quantities, as applicable, of the cattle
        purchased in the domestic market; and
          (B) the prices or quantities, as applicable, of imported
        cattle.
      (2) Packer-owned cattle
        Information required under this section for packer-owned cattle
      shall include quantity and carcass characteristics, but not
      price.
    (c) Daily reporting
      (1) In general
        The corporate officers or officially designated representatives
      of each packer processing plant shall report to the Secretary at
      least twice each reporting day (including once not later than
      10:00 a.m. Central Time and once not later than 2:00 p.m. Central
      Time) the following information for each cattle type:
          (A) The prices for cattle (per hundredweight) established on
        that day, categorized by - 
            (i) type of purchase;
            (ii) the quantity of cattle purchased on a live weight
          basis;
            (iii) the quantity of cattle purchased on a dressed weight
          basis;
            (iv) a range of the estimated live weights of the cattle
          purchased;
            (v) an estimate of the percentage of the cattle purchased
          that were of a quality grade of choice or better; and
            (vi) any premiums or discounts associated with - 
              (I) weight, grade, or yield; or
              (II) any type of purchase.

          (B) The quantity of cattle delivered to the packer (quoted in
        numbers of head) on that day, categorized by - 
            (i) type of purchase;
            (ii) the quantity of cattle delivered on a live weight
          basis; and
            (iii) the quantity of cattle delivered on a dressed weight
          basis.

          (C) The quantity of cattle committed to the packer (quoted in
        numbers of head) as of that day, categorized by - 
            (i) type of purchase;
            (ii) the quantity of cattle committed on a live weight
          basis; and
            (iii) the quantity of cattle committed on a dressed weight
          basis.

          (D) The terms of trade regarding the cattle, as applicable.
      (2) Publication
        The Secretary shall make the information available to the
      public not less frequently than three times each reporting day.
    (d) Weekly reporting
      (1) In general
        The corporate officers or officially designated representatives
      of each packer processing plant shall report to the Secretary, on
      the first reporting day of each week, not later than 9:00 a.m.
      Central Time, the following information applicable to the prior
      slaughter week:
          (A) The quantity of cattle purchased through a forward
        contract that were slaughtered.
          (B) The quantity of cattle delivered under a formula
        marketing arrangement that were slaughtered.
          (C) The quantity and carcass characteristics of packer-owned
        cattle that were slaughtered.
          (D) The quantity, basis level, and delivery month for all
        cattle purchased through forward contracts that were agreed to
        by the parties.
          (E) The range and average of intended premiums and discounts
        that are expected to be in effect for the current slaughter
        week.
      (2) Formula purchases
        The corporate officers or officially designated representatives
      of each packer processing plant shall report to the Secretary, on
      the first reporting day of each week, not later than 9:00 a.m.
      Central Time, the following information for cattle purchased
      through a formula marketing arrangement and slaughtered during
      the prior slaughter week:
          (A) The quantity (quoted in both numbers of head and
        hundredweights) of cattle.
          (B) The weighted average price paid for a carcass, including
        applicable premiums and discounts.
          (C) The range of premiums and discounts paid.
          (D) The weighted average of premiums and discounts paid.
          (E) The range of prices paid.
          (F) The aggregate weighted average price paid for a carcass.
          (G) The terms of trade regarding the cattle, as applicable.
      (3) Publication
        The Secretary shall make available to the public the
      information obtained under paragraphs (1) and (2) on the first
      reporting day of the current slaughter week, not later than 10:00
      a.m. Central Time.
    (e) Regional reporting of cattle types
      (1) In general
        The Secretary shall determine whether adequate data can be
      obtained on a regional basis for fed Holsteins and other fed
      dairy steers and heifers, cows, and bulls based on the number of
      packers required to report under this section.
      (2) Report
        Not later than 2 years after October 22, 1999, the Secretary
      shall submit to the Committee on Agriculture of the House of
      Representatives and the Committee on Agriculture, Nutrition, and
      Forestry of the Senate a report on the determination of the
      Secretary under paragraph (1).

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 222, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1191.)

-End-

-CITE-
    7 USC Sec. 1635f                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part B - Cattle Reporting

-HEAD-
    Sec. 1635f. Mandatory packer reporting of boxed beef sales

-STATUTE-
    (a) Daily reporting
      The corporate officers or officially designated representatives
    of each packer processing plant shall report to the Secretary at
    least twice each reporting day (not less than once before, and once
    after, 12:00 noon Central Time) information on total boxed beef
    sales, including - 
        (1) the price for each lot of each negotiated boxed beef sale
      (determined by seller-buyer interaction and agreement), quoted in
      dollars per hundredweight (on a F.O.B. plant basis);
        (2) the quantity for each lot of each sale, quoted by number of
      boxes sold; and
        (3) information regarding the characteristics of each lot of
      each sale, including - 
          (A) the grade of beef (USDA Choice or better, USDA Select, or
        ungraded no-roll product);
          (B) the cut of beef; and
          (C) the trim specification.
    (b) Publication
      The Secretary shall make available to the public the information
    required to be reported under subsection (a) of this section not
    less frequently than twice each reporting day.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 223, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1193.)

-End-

-CITE-
    7 USC Part C - Swine Reporting                              01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part C - Swine Reporting

-HEAD-
                         PART C - SWINE REPORTING                     

-End-

-CITE-
    7 USC Sec. 1635i                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part C - Swine Reporting

-HEAD-
    Sec. 1635i. Definitions

-STATUTE-
      In this part:
      (1) Affiliate
        The term "affiliate", with respect to a packer, means - 
          (A) a person that directly or indirectly owns, controls, or
        holds with power to vote, 5 percent or more of the outstanding
        voting securities of the packer;
          (B) a person 5 percent or more of whose outstanding voting
        securities are directly or indirectly owned, controlled, or
        held with power to vote, by the packer; and
          (C) a person that directly or indirectly controls, or is
        controlled by or under common control with, the packer.
      (2) Applicable reporting period
        The term "applicable reporting period" means the period of time
      prescribed by the prior day report, the morning report, and the
      afternoon report, as required under section 1635j(c) of this
      title.
      (3) Barrow
        The term "barrow" means a neutered male swine.
      (4) Base market hog
        The term "base market hog" means a barrow or gilt for which no
      discounts are subtracted from and no premiums are added to the
      base price.
      (5) Boar
        The term "boar" means a sexually-intact male swine.
      (6) Formula price
        The term "formula price" means a price determined by a
      mathematical formula under which the price established for a
      specified market serves as the basis for the formula.
      (7) Gilt
        The term "gilt" means a young female swine that has not
      produced a litter.
      (8) Hog class
        The term "hog class" means, as applicable - 
          (A) barrows or gilts;
          (B) sows; or
          (C) boars or stags.
      (9) Noncarcass merit premium
        The term "noncarcass merit premium" means an increase in the
      base price of the swine offered by an individual packer or
      packing plant, based on any factor other than the characteristics
      of the carcass, if the actual amount of the premium is known
      before the sale and delivery of the swine.
      (10) Other market formula purchase
        (A) In general
          The term "other market formula purchase" means a purchase of
        swine by a packer in which the pricing mechanism is a formula
        price based on any market other than the market for swine,
        pork, or a pork product.
        (B) Inclusion
          The term "other market formula purchase" includes a formula
        purchase in a case in which the price formula is based on one
        or more futures or options contracts.
      (11) Other purchase arrangement
        The term "other purchase arrangement" means a purchase of swine
      by a packer that - 
          (A) is not a negotiated purchase, swine or pork market
        formula purchase, or other market formula purchase; and
          (B) does not involve packer-owned swine.
      (12) Packer
        The term "packer" means any person engaged in the business of
      buying swine in commerce for purposes of slaughter, of
      manufacturing or preparing meats or meat food products from swine
      for sale or shipment in commerce, or of marketing meats or meat
      food products from swine in an unmanufactured form acting as a
      wholesale broker, dealer, or distributor in commerce, except that
      - 
          (A) the term includes only a swine processing plant that is
        federally inspected;
          (B) for any calendar year, the term includes only - 
            (i) a swine processing plant that slaughtered an average of
          at least 100,000 swine per year during the immediately
          preceding five calendar years; and
            (ii) a person that slaughtered an average of at least
          200,000 sows, boars, or any combination thereof, per year
          during the immediately preceding five calendar years; and

          (C) in the case of a swine processing plant or person that
        did not slaughter swine during the immediately preceding 5
        calendar years, the Secretary shall consider the plant capacity
        of the processing plant or person in determining whether the
        processing plant or person should be considered a packer under
        this part.
      (13) Packer-owned swine
        The term "packer-owned swine" means swine that a packer
      (including a subsidiary or affiliate of the packer) owns for at
      least 14 days immediately before slaughter.
      (14) Packer-sold swine
        The term "packer-sold swine" means the swine that are - 
          (A) owned by a packer (including a subsidiary or affiliate of
        the packer) for more than 14 days immediately before sale for
        slaughter; and
          (B) sold for slaughter to another packer.
      (15) Pork
        The term "pork" means the meat of a porcine animal.
      (16) Pork product
        The term "pork product" means a product or byproduct produced
      or processed in whole or in part from pork.
      (17) Purchase data
        The term "purchase data" means all of the applicable data,
      including weight (if purchased live), for all swine purchased
      during the applicable reporting period, regardless of the
      expected delivery date of the swine, reported by - 
          (A) hog class;
          (B) type of purchase; and
          (C) packer-owned swine.
      (18) Slaughter data
        The term "slaughter data" means all of the applicable data for
      all swine slaughtered by a packer during the applicable reporting
      period, regardless of when the price of the swine was negotiated
      or otherwise determined, reported by - 
          (A) hog class;
          (B) type of purchase; and
          (C) packer-owned swine.
      (19) Sow
        The term "sow" means an adult female swine that has produced
      one or more litters.
      (20) Swine
        The term "swine" means a porcine animal raised to be a feeder
      pig, raised for seedstock, or raised for slaughter.
      (21) Swine or pork market formula purchase
        The term "swine or pork market formula purchase" means a
      purchase of swine by a packer in which the pricing mechanism is a
      formula price based on a market for swine, pork, or a pork
      product, other than a future or option for swine, pork, or a pork
      product.
      (22) Type of purchase
        The term "type of purchase", with respect to swine, means - 
          (A) a negotiated purchase;
          (B) other market formula purchase;
          (C) a swine or pork market formula purchase; and
          (D) other purchase arrangement.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 231, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1193; amended
    Pub. L. 109-296, Sec. 2, Oct. 5, 2006, 120 Stat. 1464.)

-MISC1-
                                AMENDMENTS                            
      2006 - Par. (4). Pub. L. 109-296, Sec. 2(a), reenacted heading
    without change and amended text generally. Prior to amendment, text
    read as follows: "The term 'base market hog' means a hog for which
    no discounts are subtracted from and no premiums are added to the
    base price."
      Par. (5). Pub. L. 109-296, Sec. 2(b), amended heading and text of
    par. (5) generally. Prior to amendment, text read as follows: "The
    term 'bred female swine' means any female swine, whether a sow or
    gilt, that has been mated or inseminated and is assumed, or has
    been confirmed, to be pregnant."
      Par. (12)(B). Pub. L. 109-296, Sec. 2(c)(1), added subpar. (B)
    and struck out former subpar. (B) which read as follows: "for any
    calendar year, the term includes only a swine processing plant that
    slaughtered an average of at least 100,000 swine per year during
    the immediately preceding 5 calendar years; and".
      Par. (12)(C). Pub. L. 109-296, Sec. 2(c)(2), inserted "or person"
    after "swine processing plant", "plant capacity of the processing
    plant", and "determining whether the processing plant".

-End-

-CITE-
    7 USC Sec. 1635j                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part C - Swine Reporting

-HEAD-
    Sec. 1635j. Mandatory reporting for swine

-STATUTE-
    (a) Establishment
      The Secretary shall establish a program of swine price
    information reporting that will - 
        (1) provide timely, accurate, and reliable market information;
        (2) facilitate more informed marketing decisions; and
        (3) promote competition in the swine slaughtering industry.
    (b) General reporting provisions applicable to packers and the
      Secretary
      (1) In general
        The Secretary shall establish and implement a price reporting
      program in accordance with this section that includes the
      reporting and publication of information required under this
      section.
      (2) Packer-owned swine
        Information required under this section for packer-owned swine
      shall include quantity and carcass characteristics, but not
      price.
      (3) Packer-sold swine
        If information regarding the type of purchase is required under
      this section, the information shall be reported according to the
      numbers and percentages of each type of purchase comprising - 
          (A) packer-sold swine; and
          (B) all other swine.
      (4) Additional information
        (A) Review
          The Secretary shall review the information required to be
        reported by packers under this section at least once every 2
        years.
        (B) Outdated information
          After public notice and an opportunity for comment, subject
        to subparagraph (C), the Secretary shall promulgate regulations
        that specify additional information that shall be reported
        under this section if the Secretary determines under the review
        under subparagraph (A) that - 
            (i) information that is currently required no longer
          accurately reflects the methods by which swine are valued and
          priced by packers; or
            (ii) packers that slaughter a significant majority of the
          swine produced in the United States no longer use backfat or
          lean percentage factors as indicators of price.
        (C) Limitation
          Under subparagraph (B), the Secretary may not require packers
        to provide any new or additional information that - 
            (i) is not generally available or maintained by packers; or
            (ii) would be otherwise unduly burdensome to provide.
    (c) Daily reporting; barrows and gilts
      (1) Prior day report
        (A) In general
          The corporate officers or officially designated
        representatives of each packer processing plant that processes
        barrows or gilts shall report to the Secretary, for each
        business day of the packer, such information as the Secretary
        determines necessary and appropriate to - 
            (i) comply with the publication requirements of this
          section; and
            (ii) provide for the timely access to the information by
          producers, packers, and other market participants.
        (B) Reporting deadline and plants required to report
          A packer required to report under subparagraph (A) shall - 
            (i) not later than 7:00 a.m. Central Time on each reporting
          day, report information regarding all barrows and gilts
          purchased or priced, and
            (ii) not later than 9:00 a.m. Central Time on each
          reporting day, report information regarding all barrows and
          gilts slaughtered,

        during the prior business day of the packer.
        (C) Information required
          The information from the prior business day of a packer
        required under this paragraph shall include - 
            (i) all purchase data, including - 
              (I) the total number of - 
                (aa) barrows and gilts purchased; and
                (bb) barrows and gilts scheduled for delivery; and

              (II) the base price and purchase data for slaughtered
            barrows and gilts for which a price has been established;

            (ii) all slaughter data for the total number of barrows and
          gilts slaughtered, including - 
              (I) information concerning the net price, which shall be
            equal to the total amount paid by a packer to a producer
            (including all premiums, less all discounts) per hundred
            pounds of carcass weight of barrows and gilts delivered at
            the plant - 
                (aa) including any sum deducted from the price per
              hundredweight paid to a producer that reflects the
              repayment of a balance owed by the producer to the packer
              or the accumulation of a balance to later be repaid by
              the packer to the producer; and
                (bb) excluding any sum earlier paid to a producer that
              must later be repaid to the packer;

              (II) information concerning the average net price, which
            shall be equal to the quotient (stated per hundred pounds
            of carcass weight of barrows and gilts) obtained by
            dividing - 
                (aa) the total amount paid for the barrows and gilts
              slaughtered at a packing plant during the applicable
              reporting period, including all premiums and discounts,
              and including any sum deducted from the price per
              hundredweight paid to a producer that reflects the
              repayment of a balance owed by the producer to the
              packer, or the accumulation of a balance to later be
              repaid by the packer to the producer, less all discounts;
              by
                (bb) the total carcass weight (in hundred pound
              increments) of the barrows and gilts;

              (III) information concerning the lowest net price, which
            shall be equal to the lowest net price paid for a single
            lot or a group of barrows or gilts slaughtered at a packing
            plant during the applicable reporting period per hundred
            pounds of carcass weight of barrows and gilts;
              (IV) information concerning the highest net price, which
            shall be equal to the highest net price paid for a single
            lot or group of barrows or gilts slaughtered at a packing
            plant during the applicable reporting period per hundred
            pounds of carcass weight of barrows and gilts;
              (V) the average carcass weight, which shall be equal to
            the quotient obtained by dividing - 
                (aa) the total carcass weight of the barrows and gilts
              slaughtered at the packing plant during the applicable
              reporting period, by
                (bb) the number of the barrows and gilts described in
              item (aa),

            adjusted for special slaughter situations (such as skinning
            or foot removal), as the Secretary determines necessary to
            render comparable carcass weights;
              (VI) the average sort loss, which shall be equal to the
            average discount (in dollars per hundred pounds carcass
            weight) for barrows and gilts slaughtered during the
            applicable reporting period, resulting from the fact that
            the barrows and gilts did not fall within the individual
            packer's established carcass weight or lot variation range;
              (VII) the average backfat, which shall be equal to the
            average of the backfat thickness (in inches) measured
            between the third and fourth from the last ribs, 7
            centimeters from the carcass split (or adjusted from the
            individual packer's measurement to that reference point
            using an adjustment made by the Secretary) of the barrows
            and gilts slaughtered during the applicable reporting
            period;
              (VIII) the average lean percentage, which shall be equal
            to the average percentage of the carcass weight comprised
            of lean meat for the barrows and gilts slaughtered during
            the applicable reporting period, except that when a packer
            is required to report the average lean percentage under
            this subclause, the packer shall make available to the
            Secretary the underlying data, applicable methodology and
            formulae, and supporting materials used to determine the
            average lean percentage, which the Secretary may convert to
            the carcass measurements or lean percentage of the barrows
            and gilts of the individual packer to correlate to a common
            percent lean measurement; and
              (IX) the total slaughter quantity, which shall be equal
            to the total number of barrows and gilts slaughtered during
            the applicable reporting period, including all types of
            purchases and barrows and gilts that qualify as packer-
            owned swine; and

            (iii) packer purchase commitments, which shall be equal to
          the number of barrows and gilts scheduled for delivery to a
          packer for slaughter for each of the next 14 calendar days.
        (D) Publication
          (i) In general
            The Secretary shall publish the information obtained under
          this paragraph in a prior day report - 
              (I) in the case of information regarding barrows and
            gilts purchased or priced, not later than 8:00 a.m. Central
            Time, and
              (II) in the case of information regarding barrows and
            gilts slaughtered, not later than 10:00 a.m. Central Time,

          on the reporting day on which the information is received
          from the packer.
          (ii) Price distributions
            The information published by the Secretary under clause (i)
          shall include a distribution of net prices in the range
          between and including the lowest net price and the highest
          net price reported. The publication shall include a
          delineation of the number of barrows and gilts at each
          reported price level or, at the option of the Secretary, the
          number of barrows and gilts within each of a series of
          reasonable price bands within the range of prices.
      (2) Morning report
        (A) In general
          The corporate officers or officially designated
        representatives of each packer processing plant that processes
        barrows or gilts shall report to the Secretary not later than
        10:00 a.m. Central Time each reporting day - 
            (i) the packer's best estimate of the total number of
          barrows and gilts, and barrows and gilts that qualify as
          packer-owned swine, expected to be purchased throughout the
          reporting day through each type of purchase;
            (ii) the total number of barrows and gilts, and barrows and
          gilts that qualify as packer-owned swine, purchased up to
          that time of the reporting day through each type of purchase;
            (iii) the base price paid for all base market hogs
          purchased up to that time of the reporting day through
          negotiated purchases; and
            (iv) the base price paid for all base market hogs purchased
          through each type of purchase other than negotiated purchase
          up to that time of the reporting day, unless such information
          is unavailable due to pricing that is determined on a delayed
          basis.
        (B) Publication
          The Secretary shall publish the information obtained under
        this paragraph in the morning report as soon as practicable,
        but not later than 11:00 a.m. Central Time, on each reporting
        day.
      (3) Afternoon report
        (A) In general
          The corporate officers or officially designated
        representatives of each packer processing plant that processes
        barrows or gilts shall report to the Secretary not later than
        2:00 p.m. Central Time each reporting day - 
            (i) the packer's best estimate of the total number of
          barrows and gilts, and barrows and gilts that qualify as
          packer-owned swine, expected to be purchased throughout the
          reporting day through each type of purchase;
            (ii) the total number of barrows and gilts, and barrows and
          gilts that qualify as packer-owned swine, purchased up to
          that time of the reporting day through each type of purchase;
            (iii) the base price paid for all base market hogs
          purchased up to that time of the reporting day through
          negotiated purchases; and
            (iv) the base price paid for all base market hogs purchased
          up to that time of the reporting day through each type of
          purchase other than negotiated purchase, unless such
          information is unavailable due to pricing that is determined
          on a delayed basis.
        (B) Publication
          The Secretary shall publish the information obtained under
        this paragraph in the afternoon report as soon as practicable,
        but not later than 3:00 p.m. Central Time, on each reporting
        day.
    (d) Daily reporting; sows and boars
      (1) Prior day report
        The corporate officers or officially designated representatives
      of each packer of sows and boars shall report to the Secretary,
      for each business day of the packer, such information reported by
      hog class as the Secretary determines necessary and appropriate
      to - 
          (A) comply with the publication requirements of this section;
        and
          (B) provide for the timely access to the information by
        producers, packers, and other market participants.
      (2) Reporting
        Not later than 9:30 a.m. Central Time, or such other time as
      the Secretary considers appropriate, on each reporting day, a
      packer required to report under paragraph (1) shall report
      information regarding all sows and boars purchased or priced
      during the prior business day of the packer.
      (3) Information required
        The information from the prior business day of a packer
      required under this subsection shall include all purchase data,
      including - 
          (A) the total number of sows purchased and the total number
        of boars purchased, each divided into at least three reasonable
        and meaningful weight classes specified by the Secretary;
          (B) the number of sows that qualify as packer-owned swine;
          (C) the number of boars that qualify as packer-owned swine;
          (D) the average price paid for all sows;
          (E) the average price paid for all boars;
          (F) the average price paid for sows in each weight class
        specified by the Secretary under subparagraph (A);
          (G) the average price paid for boars in each weight class
        specified by the Secretary under subparagraph (A);
          (H) the number of sows and the number of boars for which
        prices are determined, by each type of purchase;
          (I) the average prices for sows and the average prices for
        boars for which prices are determined, by each type of
        purchase; and
          (J) such other information as the Secretary considers
        appropriate to carry out this subsection.
      (4) Price calculations without packer-owned swine
        A packer shall omit the prices of sows and boars that qualify
      as packer-owned swine from all average price calculations, price
      range calculations, and reports required by this subsection.
      (5) Reporting exception: public auction purchases
        The information required to be reported under this subsection
      shall not include purchases of sows or boars made by agents of
      the reporting packer at a public auction at which the title of
      the sows and boars is transferred directly from the producer to
      such packer.
      (6) Publication
        The Secretary shall publish the information obtained under this
      paragraph in a prior day report not later than 11:00 a.m. Central
      Time on the reporting day on which the information is received
      from the packer.
      (7) Electronic submission of information
        The Secretary of Agriculture shall provide for the electronic
      submission of any information required to be reported under this
      subsection through an Internet website or equivalent electronic
      means maintained by the Department of Agriculture.
    (e) Weekly noncarcass merit premium report
      (1) In general
        Not later than 4:00 p.m. Central Time on the first reporting
      day of each week, the corporate officers or officially designated
      representatives of each packer processing plant shall report to
      the Secretary a noncarcass merit premium report that lists - 
          (A) each category of standard noncarcass merit premiums used
        by the packer in the prior slaughter week; and
          (B) the amount (in dollars per hundred pounds of carcass
        weight) paid to producers by the packer, by category.
      (2) Premium list
        A packer shall maintain and make available to a producer, on
      request, a current listing of the dollar values (per hundred
      pounds of carcass weight) of each noncarcass merit premium used
      by the packer during the current or the prior slaughter week.
      (3) Availability
        A packer shall not be required to pay a listed noncarcass merit
      premium to a producer that meets the requirements for the premium
      if the need for swine in a given category is filled at a
      particular point in time.
      (4) Publication
        The Secretary shall publish the information obtained under this
      subsection as soon as practicable, but not later than 5:00 p.m.
      Central Time, on the first reporting day of each week.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 232, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1195; amended
    Pub. L. 109-296, Secs. 3, 4, Oct. 5, 2006, 120 Stat. 1465, 1468.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-296, Sec. 3, amended heading and
    text of subsec. (c) generally. Prior to amendment, text related to
    daily reporting.
      Subsecs. (d), (e). Pub. L. 109-296, Sec. 4, added subsec. (d) and
    redesignated former subsec. (d) as (e).

-End-

-CITE-
    7 USC Part D - Lamb Reporting                               01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part D - Lamb Reporting

-HEAD-
                          PART D - LAMB REPORTING                      

-End-

-CITE-
    7 USC Sec. 1635m                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part D - Lamb Reporting

-HEAD-
    Sec. 1635m. Mandatory reporting for lambs

-STATUTE-
    (a) Establishment
      The Secretary may establish a program of mandatory lamb price
    information reporting that will - 
        (1) provide timely, accurate, and reliable market information;
        (2) facilitate more informed marketing decisions; and
        (3) promote competition in the lamb slaughtering industry.
    (b) Notice and comment
      If the Secretary establishes a mandatory price reporting program
    under subsection (a) of this section, the Secretary shall provide
    an opportunity for comment on proposed regulations to establish the
    program during the 30-day period beginning on the date of the
    publication of the proposed regulations.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 241, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1200.)

-End-

-CITE-
    7 USC Part E - Administration                               01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
                          PART E - ADMINISTRATION                      

-End-

-CITE-
    7 USC Sec. 1636                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636. General provisions

-STATUTE-
    (a) Confidentiality
      The Secretary shall make available to the public information,
    statistics, and documents obtained from, or submitted by, packers,
    retail entities, and other persons under this subchapter in a
    manner that ensures that confidentiality is preserved regarding - 
        (1) the identity of persons, including parties to a contract;
      and
        (2) proprietary business information.
    (b) Disclosure by Federal Government employees
      (1) In general
        Subject to paragraph (2), no officer, employee, or agent of the
      United States shall, without the consent of the packer or other
      person concerned, divulge or make known in any manner, any facts
      or information regarding the business of the packer or other
      person that was acquired through reporting required under this
      subchapter.
      (2) Exceptions
        Information obtained by the Secretary under this subchapter may
      be disclosed - 
          (A) to agents or employees of the Department of Agriculture
        in the course of their official duties under this subchapter;
          (B) as directed by the Secretary or the Attorney General, for
        enforcement purposes; or
          (C) by a court of competent jurisdiction.
      (3) Disclosure under Freedom of Information Act
        Notwithstanding any other provision of law, no facts or
      information obtained under this subchapter shall be disclosed in
      accordance with section 552 of title 5.
    (c) Reporting by packers
      A packer shall report all information required under this
    subchapter on an individual lot basis.
    (d) Regional reporting and aggregation
      The Secretary shall make information obtained under this
    subchapter available to the public only in a manner that - 
        (1) ensures that the information is published on a national and
      a regional or statewide basis as the Secretary determines to be
      appropriate;
        (2) ensures that the identity of a reporting person is not
      disclosed; and
        (3) conforms to aggregation guidelines established by the
      Secretary.
    (e) Adjustments
      Prior to the publication of any information required under this
    subchapter, the Secretary may make reasonable adjustments in
    information reported by packers to reflect price aberrations or
    other unusual or unique occurrences that the Secretary determines
    would distort the published information to the detriment of
    producers, packers, or other market participants.
    (f) Verification
      The Secretary shall take such actions as the Secretary considers
    necessary to verify the accuracy of the information submitted or
    reported under part B, C, or D of this subchapter.
    (g) Electronic reporting and publishing
      The Secretary shall, to the maximum extent practicable, provide
    for the reporting and publishing of the information required under
    this subchapter by electronic means.
    (h) Reporting of activities on weekends and holidays
      (1) In general
        Livestock committed to a packer, or purchased, sold, or
      slaughtered by a packer, on a weekend day or holiday shall be
      reported by the packer to the Secretary (to the extent required
      under this subchapter), and reported by the Secretary, on the
      immediately following reporting day.
      (2) Limitation on reporting by packers
        A packer shall not be required to report actions under
      paragraph (1) more than once on the immediately following
      reporting day.
    (i) Effect on other laws
      Nothing in this subchapter, the Livestock Mandatory Reporting Act
    of 1999, or amendments made by that Act restricts or modifies the
    authority of the Secretary to - 
        (1) administer or enforce the Packers and Stockyards Act, 1921
      (7 U.S.C. 181 et seq.);
        (2) administer, enforce, or collect voluntary reports under
      this chapter or any other law; or
        (3) access documentary evidence as provided under sections 49
      and 50 of title 15.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 251, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1200.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Livestock Mandatory Reporting Act of 1999, referred to in
    subsec. (i), is title IX of Pub. L. 106-78, Oct. 22, 1999, 113
    Stat. 1188, which is set out as a note under section 1635 of this
    title.
      The Packers and Stockyards Act, 1921, referred to in subsec.
    (i)(1), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended,
    which is classified generally to chapter 9 (Sec. 181 et seq.) of
    this title. For complete classification of this Act to the Code,
    see section 181 of this title and Tables.

-End-

-CITE-
    7 USC Sec. 1636a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636a. Unlawful acts

-STATUTE-
      It shall be unlawful and a violation of this subchapter for any
    packer or other person subject to this subchapter (in the
    submission of information required under part B, C, or D of this
    subchapter, as determined by the Secretary) to willfully - 
        (1) fail or refuse to provide, or delay the timely reporting
      of, accurate information to the Secretary (including estimated
      information);
        (2) solicit or request that a packer, the buyer or seller of
      livestock or livestock products, or any other person fail to
      provide, as a condition of any transaction, accurate or timely
      information required under this subchapter;
        (3) fail or refuse to comply with this subchapter; or
        (4) report estimated information in any report required under
      this subchapter in a manner that demonstrates a pattern of
      significant variance in accuracy when compared to the actual
      information that is reported for the same reporting period, or as
      determined by any audit, oversight, or other verification
      procedures of the Secretary.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 252, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1201.)

-End-

-CITE-
    7 USC Sec. 1636b                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636b. Enforcement

-STATUTE-
    (a) Civil penalty
      (1) In general
        Any packer or other person that violates this subchapter may be
      assessed a civil penalty by the Secretary of not more than
      $10,000 for each violation.
      (2) Continuing violation
        Each day during which a violation continues shall be considered
      to be a separate violation.
      (3) Factors
        In determining the amount of a civil penalty to be assessed
      under paragraph (1), the Secretary shall consider the gravity of
      the offense, the size of the business involved, and the effect of
      the penalty on the ability of the person that has committed the
      violation to continue in business.
      (4) Multiple violations
        In determining whether to assess a civil penalty under
      paragraph (1), the Secretary shall consider whether a packer or
      other person subject to this subchapter has engaged in a pattern
      of errors, delays, or omissions in violation of this subchapter.
    (b) Cease and desist
      In addition to, or in lieu of, a civil penalty under subsection
    (a) of this section, the Secretary may issue an order to cease and
    desist from continuing any violation.
    (c) Notice and hearing
      No penalty shall be assessed, or cease and desist order issued,
    by the Secretary under this section unless the person against which
    the penalty is assessed or to which the order is issued is given
    notice and opportunity for a hearing before the Secretary with
    respect to the violation.
    (d) Finality and judicial review
      (1) In general
        The order of the Secretary assessing a civil penalty or issuing
      a cease and desist order under this section shall be final and
      conclusive unless the affected person files an appeal of the
      order of the Secretary in United States district court not later
      than 30 days after the date of the issuance of the order.
      (2) Standard of review
        A finding of the Secretary under this section shall be set
      aside only if the finding is found to be unsupported by
      substantial evidence.
    (e) Enforcement
      (1) In general
        If, after the lapse of the period allowed for appeal or after
      the affirmance of a penalty assessed under this section, the
      person against which the civil penalty is assessed fails to pay
      the penalty, the Secretary may refer the matter to the Attorney
      General who may recover the penalty by an action in United States
      district court.
      (2) Finality
        In the action, the final order of the Secretary shall not be
      subject to review.
    (f) Injunction or restraining order
      (1) In general
        If the Secretary has reason to believe that any person subject
      to this subchapter has failed or refused to provide the Secretary
      information required to be reported pursuant to this subchapter,
      and that it would be in the public interest to enjoin the person
      from further failure to comply with the reporting requirements,
      the Secretary may notify the Attorney General of the failure.
      (2) Attorney General
        The Attorney General may apply to the appropriate district
      court of the United States for a temporary or permanent
      injunction or restraining order.
      (3) Court
        When needed to carry out this subchapter, the court shall, on a
      proper showing, issue a temporary injunction or restraining order
      without bond.
    (g) Failure to obey orders
      (1) In general
        If a person subject to this subchapter fails to obey a cease
      and desist or civil penalty order issued under this subsection
      after the order has become final and unappealable, or after the
      appropriate United States district court has entered a final
      judgment in favor of the Secretary, the United States may apply
      to the appropriate district court for enforcement of the order.
      (2) Enforcement
        If the court determines that the order was lawfully made and
      duly served and that the person violated the order, the court
      shall enforce the order.
      (3) Civil penalty
        If the court finds that the person violated the cease and
      desist provisions of the order, the person shall be subject to a
      civil penalty of not more than $10,000 for each offense.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 253, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1202.)

-End-

-CITE-
    7 USC Sec. 1636c                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636c. Fees

-STATUTE-
      The Secretary shall not charge or assess a user fee, transaction
    fee, service charge, assessment, reimbursement, or any other fee
    for the submission or reporting of information, for the receipt or
    availability of, or access to, published reports or information, or
    for any other activity required under this subchapter.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 254, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1203.)

-End-

-CITE-
    7 USC Sec. 1636d                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636d. Recordkeeping

-STATUTE-
    (a) In general
      Subject to subsection (b) of this section, each packer required
    to report information to the Secretary under this subchapter shall
    maintain, and make available to the Secretary on request, for 2
    years - 
        (1) the original contracts, agreements, receipts and other
      records associated with any transaction relating to the purchase,
      sale, pricing, transportation, delivery, weighing, slaughter, or
      carcass characteristics of all livestock; and
        (2) such records or other information as is necessary or
      appropriate to verify the accuracy of the information required to
      be reported under this subchapter.
    (b) Limitations
      Under subsection (a)(2) of this section, the Secretary may not
    require a packer to provide new or additional information if - 
        (1) the information is not generally available or maintained by
      packers; or
        (2) the provision of the information would be unduly
      burdensome.
    (c) Purchases of cattle or swine
      A record of a purchase of a lot of cattle or a lot of swine by a
    packer shall evidence whether the purchase occurred - 
        (1) before 10:00 a.m. Central Time;
        (2) between 10:00 a.m. and 2:00 p.m. Central Time; or
        (3) after 2:00 p.m. Central Time.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 255, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1203.)

-End-

-CITE-
    7 USC Sec. 1636e                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636e. Voluntary reporting

-STATUTE-
      The Secretary shall encourage voluntary reporting by packers (as
    defined in section 191 of this title) to which the mandatory
    reporting requirements of this subchapter do not apply.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 256, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1204.)

-End-

-CITE-
    7 USC Sec. 1636f                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636f. Publication of information on retail purchase prices
      for representative meat products

-STATUTE-
    (a) In general
      Beginning not later than 90 days after October 22, 1999, the
    Secretary shall compile and publish at least monthly (weekly, if
    practicable) information on retail prices for representative food
    products made from beef, pork, chicken, turkey, veal, or lamb.
    (b) Information
      The report published by the Secretary under subsection (a) of
    this section shall include - 
        (1) information on retail prices for each representative food
      product described in subsection (a) of this section; and
        (2) information on total sales quantity (in pounds and dollars)
      for each representative food product.
    (c) Meat Price Spreads Report
      During the period ending 2 years after the initial publication of
    the report required under subsection (a) of this section, the
    Secretary shall continue to publish the Meat Price Spreads Report
    in the same manner as the Report was published before October 22,
    1999.
    (d) Information collection
      (1) In general
        To ensure the accuracy of the reports required under subsection
      (a) of this section, the Secretary shall obtain the information
      for the reports from one or more sources including - 
          (A) a consistently representative set of retail transactions;
        and
          (B) both prices and sales quantities for the transactions.
      (2) Source of information
        The Secretary may - 
          (A) obtain the information from retailers or commercial
        information sources; and
          (B) use valid statistical sampling procedures, if necessary.
      (3) Adjustments
        In providing information on retail prices under this section,
      the Secretary may make adjustments to take into account
      differences in - 
          (A) the geographic location of consumption;
          (B) the location of the principal source of supply;
          (C) distribution costs; and
          (D) such other factors as the Secretary determines reflect a
        verifiable comparative retail price for a representative food
        product.
    (e) Administration
      The Secretary - 
        (1) shall collect information under this section only on a
      voluntary basis; and
        (2) shall not impose a penalty on a person for failure to
      provide the information or otherwise compel a person to provide
      the information.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 257, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1204.)

-End-

-CITE-
    7 USC Sec. 1636g                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636g. Suspension authority regarding specific terms of price
      reporting requirements

-STATUTE-
    (a) In general
      The Secretary may suspend any requirement of this subchapter if
    the Secretary determines that application of the requirement is
    inconsistent with the purposes of this subchapter.
    (b) Suspension procedure
      (1) Period
        A suspension under subsection (a) of this section shall be for
      a period of not more than 240 days.
      (2) Action by Congress
        If an Act of Congress concerning the requirement that is the
      subject of the suspension under subsection (a) of this section is
      not enacted by the end of the period of the suspension
      established under paragraph (1), the Secretary shall implement
      the requirement.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 258, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1205.)

-End-

-CITE-
    7 USC Sec. 1636h                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636h. Federal preemption

-STATUTE-
      In order to achieve the goals, purposes, and objectives of this
    chapter on a nationwide basis and to avoid potentially conflicting
    State laws that could impede the goals, purposes, or objectives of
    this chapter, no State or political subdivision of a State may
    impose a requirement that is in addition to, or inconsistent with,
    any requirement of this subchapter with respect to the submission
    or reporting of information, or the publication of such
    information, on the prices and quantities of livestock or livestock
    products.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 259, as added Pub. L. 106-
    78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1205.)

-End-

-CITE-
    7 USC Sec. 1636i                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING
    Part E - Administration

-HEAD-
    Sec. 1636i. Termination of authority

-STATUTE-
      The authority provided by this subchapter terminates on September
    30, 2010.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 260, as added Pub. L. 109-
    296, Sec. 1(a), Oct. 5, 2006, 120 Stat. 1464.)

-End-

-CITE-
    7 USC SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING    01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

-HEAD-
            SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING        

-End-

-CITE-
    7 USC Sec. 1637                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

-HEAD-
    Sec. 1637. Purpose

-STATUTE-
      The purpose of this subchapter is to establish a program of
    information regarding the marketing of dairy products that - 
        (1) provides information that can be readily understood by
      producers and other market participants, including information
      with respect to prices, quantities sold, and inventories of dairy
      products;
        (2) improves the price and supply reporting services of the
      Department of Agriculture; and
        (3) encourages competition in the marketplace for dairy
      products.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 271, as added Pub. L. 106-
    532, Sec. 2, Nov. 22, 2000, 114 Stat. 2541.)

-End-

-CITE-
    7 USC Sec. 1637a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

-HEAD-
    Sec. 1637a. Definitions

-STATUTE-
      In this subchapter:
      (1) Dairy products
        The term "dairy products" means - 
          (A) manufactured dairy products that are used by the
        Secretary to establish minimum prices for Class III and Class
        IV milk under a Federal milk marketing order issued under
        section 608c of this title; and
          (B) substantially identical products designated by the
        Secretary.
      (2) Manufacturer
        The term "manufacturer" means any person engaged in the
      business of buying milk in commerce for the purpose of
      manufacturing dairy products.
      (3) Secretary
        The term "Secretary" means the Secretary of Agriculture.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 272, as added Pub. L. 106-
    532, Sec. 2, Nov. 22, 2000, 114 Stat. 2541; amended Pub. L. 107-
    171, title I, Sec. 1504, May 13, 2002, 116 Stat. 207.)

-MISC1-
                                AMENDMENTS                            
      2002 - Par. (1). Pub. L. 107-171 inserted hyphen after "means",
    designated remainder of existing provisions as subpar. (A),
    substituted "; and" for period at end, and added subpar. (B).

-End-

-CITE-
    7 USC Sec. 1637b                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

-HEAD-
    Sec. 1637b. Mandatory reporting for dairy products

-STATUTE-
    (a) Establishment
      The Secretary shall establish a program of mandatory dairy
    product information reporting that will - 
        (1) provide timely, accurate, and reliable market information;
        (2) facilitate more informed marketing decisions; and
        (3) promote competition in the dairy product manufacturing
      industry.
    (b) Requirements
      (1) In general
        In establishing the program, the Secretary shall only - 
          (A)(i) subject to the conditions described in paragraph (2),
        require each manufacturer to report to the Secretary
        information concerning the price, quantity, and moisture
        content of dairy products sold by the manufacturer; and
          (ii) modify the format used to provide the information on the
        day before November 22, 2000, to ensure that the information
        can be readily understood by market participants; and
          (B) require each manufacturer and other person storing dairy
        products to report to the Secretary, at a periodic interval
        determined by the Secretary, information on the quantity of
        dairy products stored.
      (2) Conditions
        The conditions referred to in paragraph (1)(A)(i) are that - 
          (A) the information referred to in paragraph (1)(A)(i) is
        required only with respect to those package sizes actually used
        to establish minimum prices for Class III or Class IV milk
        under a Federal milk marketing order;
          (B) the information referred to in paragraph (1)(A)(i) is
        required only to the extent that the information is actually
        used to establish minimum prices for Class III or Class IV milk
        under a Federal milk marketing order;
          (C) the frequency of the required reporting under paragraph
        (1)(A)(i) does not exceed the frequency used to establish
        minimum prices for Class III or Class IV milk under a Federal
        milk marketing order; and
          (D) the Secretary may exempt from all reporting requirements
        any manufacturer that processes and markets less than 1,000,000
        pounds of dairy products per year.
    (c) Administration
      (1) In general
        The Secretary shall promulgate such regulations as are
      necessary to ensure compliance with, and otherwise carry out,
      this subchapter.
      (2) Confidentiality
        (A) In general
          Except as otherwise directed by the Secretary or the Attorney
        General for enforcement purposes, no officer, employee, or
        agent of the United States shall make available to the public
        information, statistics, or documents obtained from or
        submitted by any person under this subchapter other than in a
        manner that ensures that confidentiality is preserved regarding
        the identity of persons, including parties to a contract, and
        proprietary business information.
        (B) Relation to other requirements
          Notwithstanding any other provision of law, no facts or
        information obtained under this subchapter shall be disclosed
        in accordance with section 552 of title 5.
      (3) Verification
        The Secretary shall take such actions as the Secretary
      considers necessary to verify the accuracy of the information
      submitted or reported under this subchapter.
      (4) Enforcement
        (A) Unlawful act
          It shall be unlawful and a violation of this subchapter for
        any person subject to this subchapter to willfully fail or
        refuse to provide, or delay the timely reporting of, accurate
        information to the Secretary in accordance with this
        subchapter.
        (B) Order
          After providing notice and an opportunity for a hearing to
        affected persons, the Secretary may issue an order against any
        person to cease and desist from continuing any violation of
        this subchapter.
        (C) Appeal
          (i) In general
            The order of the Secretary under subparagraph (B) shall be
          final and conclusive unless an affected person files an
          appeal of the order of the Secretary in United States
          district court not later than 30 days after the date of the
          issuance of the order.
          (ii) Findings
            A finding of the Secretary under this paragraph shall be
          set aside only if the finding is found to be unsupported by
          substantial evidence.
        (D) Noncompliance with order
          (i) In general
            If a person subject to this subchapter fails to obey an
          order issued under this paragraph after the order has become
          final and unappealable, or after the appropriate United
          States district court has entered a final judgment in favor
          of the Secretary, the United States may apply to the
          appropriate United States district court for enforcement of
          the order.
          (ii) Enforcement
            If the court determines that the order was lawfully made
          and duly served and that the person violated the order, the
          court shall enforce the order.
          (iii) Civil penalty
            If the court finds that the person violated the order, the
          person shall be subject to a civil penalty of not more than
          $10,000 for each offense.
      (5) Fees
        The Secretary shall not charge or assess a user fee,
      transaction fee, service charge, assessment, reimbursement fee,
      or any other fee under this subchapter for - 
          (A) the submission or reporting of information;
          (B) the receipt or availability of, or access to, published
        reports or information; or
          (C) any other activity required under this subchapter.
      (6) Recordkeeping
        Each person required to report information to the Secretary
      under this subchapter shall maintain, and make available to the
      Secretary, on request, original contracts, agreements, receipts,
      and other records associated with the sale or storage of any
      dairy products during the 2-year period beginning on the date of
      the creation of the records.
    (d) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 273, as added Pub. L. 106-
    532, Sec. 2, Nov. 22, 2000, 114 Stat. 2542.)

-End-

-CITE-
    7 USC SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-
                SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING            

-End-

-CITE-
    7 USC Sec. 1638                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-
    Sec. 1638. Definitions

-STATUTE-
      In this subchapter:
      (1) Beef
        The term "beef" means meat produced from cattle (including
      veal).
      (2) Covered commodity
        (A) In general
          The term "covered commodity" means - 
            (i) muscle cuts of beef, lamb, and pork;
            (ii) ground beef, ground lamb, and ground pork;
            (iii) farm-raised fish;
            (iv) wild fish;
            (v) a perishable agricultural commodity; and
            (vi) peanuts.
        (B) Exclusions
          The term "covered commodity" does not include an item
        described in subparagraph (A) if the item is an ingredient in a
        processed food item.
      (3) Farm-raised fish
        The term "farm-raised fish" includes - 
          (A) farm-raised shellfish; and
          (B) fillets, steaks, nuggets, and any other flesh from a farm-
        raised fish or shellfish.
      (4) Food service establishment
        The term "food service establishment" means a restaurant,
      cafeteria, lunch room, food stand, saloon, tavern, bar, lounge,
      or other similar facility operated as an enterprise engaged in
      the business of selling food to the public.
      (5) Lamb
        The term "lamb" means meat, other than mutton, produced from
      sheep.
      (6) Perishable agricultural commodity; retailer
        The terms "perishable agricultural commodity" and "retailer"
      have the meanings given the terms in section 499a(b) of this
      title.
      (7) Pork
        The term "pork" means meat produced from hogs.
      (8) Secretary
        The term "Secretary" means the Secretary of Agriculture, acting
      through the Agricultural Marketing Service.
      (9) Wild fish
        (A) In general
          The term "wild fish" means naturally-born or hatchery-raised
        fish and shellfish harvested in the wild.
        (B) Inclusions
          The term "wild fish" includes a fillet, steak, nugget, and
        any other flesh from wild fish or shellfish.
        (C) Exclusions
          The term "wild fish" excludes net-pen aquacultural or other
        farm-raised fish.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 281, as added Pub. L. 107-
    171, title X, Sec. 10816, May 13, 2002, 116 Stat. 533.)

-End-

-CITE-
    7 USC Sec. 1638a                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-
    Sec. 1638a. Notice of country of origin

-STATUTE-
    (a) In general
      (1) Requirement
        Except as provided in subsection (b) of this section, a
      retailer of a covered commodity shall inform consumers, at the
      final point of sale of the covered commodity to consumers, of the
      country of origin of the covered commodity.
      (2) United States country of origin
        A retailer of a covered commodity may designate the covered
      commodity as having a United States country of origin only if the
      covered commodity - 
          (A) in the case of beef, is exclusively from an animal that
        is exclusively born, raised, and slaughtered in the United
        States (including from an animal exclusively born and raised in
        Alaska or Hawaii and transported for a period not to exceed 60
        days through Canada to the United States and slaughtered in the
        United States);
          (B) in the case of lamb and pork, is exclusively from an
        animal that is exclusively born, raised, and slaughtered in the
        United States;
          (C) in the case of farm-raised fish, is hatched, raised,
        harvested, and processed in the United States;
          (D) in the case of wild fish, is - 
            (i) harvested in the United States, a territory of the
          United States, or a State, or by a vessel that is documented
          under chapter 121 of title 46 or registered in the United
          States; and
            (ii) processed in the United States, a territory of the
          United States, or a State, including the waters thereof, or
          aboard a vessel that is documented under chapter 121 of title
          46 or registered in the United States; and

          (E) in the case of a perishable agricultural commodity or
        peanuts, is exclusively produced in the United States.
      (3) Wild fish and farm-raised fish
        The notice of country of origin for wild fish and farm-raised
      fish shall distinguish between wild fish and farm-raised fish.
    (b) Exemption for food service establishments
      Subsection (a) of this section shall not apply to a covered
    commodity if the covered commodity is - 
        (1) prepared or served in a food service establishment; and
        (2)(A) offered for sale or sold at the food service
      establishment in normal retail quantities; or
        (B) served to consumers at the food service establishment.
    (c) Method of notification
      (1) In general
        The information required by subsection (a) of this section may
      be provided to consumers by means of a label, stamp, mark,
      placard, or other clear and visible sign on the covered commodity
      or on the package, display, holding unit, or bin containing the
      commodity at the final point of sale to consumers.
      (2) Labeled commodities
        If the covered commodity is already individually labeled for
      retail sale regarding country of origin, the retailer shall not
      be required to provide any additional information to comply with
      this section.
    (d) Audit verification system
      The Secretary may require that any person that prepares, stores,
    handles, or distributes a covered commodity for retail sale
    maintain a verifiable recordkeeping audit trail that will permit
    the Secretary to verify compliance with this subchapter (including
    the regulations promulgated under section 1638c(b)) of this title.
    (e) Information
      Any person engaged in the business of supplying a covered
    commodity to a retailer shall provide information to the retailer
    indicating the country of origin of the covered commodity.
    (f) Certification of origin
      (1) Mandatory identification
        The Secretary shall not use a mandatory identification system
      to verify the country of origin of a covered commodity.
      (2) Existing certification programs
        To certify the country of origin of a covered commodity, the
      Secretary may use as a model certification programs in existence
      on May 13, 2002, including - 
          (A) the carcass grading and certification system carried out
        under this chapter;
          (B) the voluntary country of origin beef labeling system
        carried out under this chapter;
          (C) voluntary programs established to certify certain premium
        beef cuts;
          (D) the origin verification system established to carry out
        the child and adult care food program established under section
        1766 of title 42; or
          (E) the origin verification system established to carry out
        the market access program under section 5623 of this title.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 282, as added Pub. L. 107-
    171, title X, Sec. 10816, May 13, 2002, 116 Stat. 533; amended
    Pub. L. 107-206, title I, Sec. 208, Aug. 2, 2002, 116 Stat. 833.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (f)(2)(A), (B), was in the
    original "this Act", and was translated as reading "this title",
    meaning title II of act Aug. 14, 1946, ch. 966, 60 Stat. 1087, as
    amended, known as the Agricultural Marketing Act of 1946, which is
    classified generally to this chapter, to reflect the probable
    intent of Congress.

-COD-
                               CODIFICATION                           
      May 13, 2002, referred to in subsec. (f)(2), was in the original
    "the date of enactment of this Act", which was translated as
    meaning the date of enactment of Pub. L. 107-171, which enacted
    this subchapter, to reflect the probable intent of Congress.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2)(D). Pub. L. 107-206 amended subpar. (D)
    generally. Prior to amendment, subpar. (D) read as follows: "in the
    case of wild fish, is - 
        "(i) harvested in waters of the United States, a territory of
      the United States, or a State; and
        "(ii) processed in the United States, a territory of the United
      States, or a State, including the waters thereof; and".

-End-

-CITE-
    7 USC Sec. 1638b                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-
    Sec. 1638b. Enforcement

-STATUTE-
    (a) In general
      Except as provided in subsections (b) and (c) of this section,
    section 1636b of this title shall apply to a violation of this
    subchapter.
    (b) Warnings
      If the Secretary determines that a retailer is in violation of
    section 1638a of this title, the Secretary shall - 
        (1) notify the retailer of the determination of the Secretary;
      and
        (2) provide the retailer a 30-day period, beginning on the date
      on which the retailer receives the notice under paragraph (1)
      from the Secretary, during which the retailer may take necessary
      steps to comply with section 1638a of this title.
    (c) Fines
      If, on completion of the 30-day period described in subsection
    (b)(2) of this section, the Secretary determines that the retailer
    has willfully violated section 1638a of this title, after providing
    notice and an opportunity for a hearing before the Secretary with
    respect to the violation, the Secretary may fine the retailer in an
    amount of not more than $10,000 for each violation.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 283, as added Pub. L. 107-
    171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535.)

-End-

-CITE-
    7 USC Sec. 1638c                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-
    Sec. 1638c. Regulations

-STATUTE-
    (a) Guidelines
      Not later than September 30, 2002, the Secretary shall issue
    guidelines for the voluntary country of origin labeling of covered
    commodities based on the requirements of section 1638a of this
    title.
    (b) Regulations
      Not later than September 30, 2004, the Secretary shall promulgate
    such regulations as are necessary to implement this subchapter.
    (c) Partnerships with States
      In promulgating the regulations, the Secretary shall, to the
    maximum extent practicable, enter into partnerships with States
    with enforcement infrastructure to assist in the administration of
    this subchapter.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 284, as added Pub. L. 107-
    171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535.)

-End-

-CITE-
    7 USC Sec. 1638d                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
    SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-
    Sec. 1638d. Applicability

-STATUTE-
      This subchapter shall apply to the retail sale of a covered
    commodity beginning September 30, 2008, except for "farm-raised
    fish" and "wild fish" which shall be September 30, 2004.

-SOURCE-
    (Aug. 14, 1946, ch. 966, title II, Sec. 285, as added Pub. L. 107-
    171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535; amended
    Pub. L. 108-199, div. A, title VII, Sec. 749, Jan. 23, 2004, 118
    Stat. 37; Pub. L. 109-97, title VII, Sec. 792, Nov. 10, 2005, 119
    Stat. 2164.)

-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-97 substituted "2008" for "2006".
      2004 - Pub. L. 108-199 substituted "2006, except for 'farm-raised
    fish' and 'wild fish' which shall be September 30, 2004" for
    "2004".

-End-