From the U.S. Code Online via GPO Access 

[wais.access.gpo.gov] 

[Laws in effect as of January 3, 2006] 

[Document affected by Public Law 9] 

[CITE: 7USC608c] 

 

 TITLE 7--AGRICULTURE 

 

 CHAPTER 26--AGRICULTURAL ADJUSTMENT 

 

 SUBCHAPTER III--COMMODITY BENEFITS 

 

Sec. 608c. Orders 

(1) Issuance by Secretary 

 The Secretary of Agriculture shall, subject to the provisions of 

this section, issue, and from time to time amend, orders applicable to 

processors, associations of producers, and others engaged in the 

handling of any agricultural commodity or product thereof specified in 

subsection (2) of this section. Such persons are referred to in this 

chapter as ``handlers''. Such orders shall regulate, in the manner 

hereinafter in this section provided, only such handling of such 

agricultural commodity, or product thereof, as is in the current of 

interstate or foreign commerce, or which directly burdens, obstructs, or 

affects, interstate or foreign commerce in such commodity or product 

thereof. In carrying out this section, the Secretary shall complete all 

informal rulemaking actions necessary to respond to recommendations 

submitted by administrative committees for such orders as expeditiously 

as possible, but not more than 45 days (to the extent practicable) after 

submission of the committee recommendations. The Secretary is authorized 

to implement a producer allotment program and a handler withholding 

program under the cranberry marketing order in the same crop year 

through informal rulemaking based on a recommendation and supporting 

economic analysis submitted by the Cranberry Marketing Committee. Such 

recommendation and analysis shall be submitted by the Committee no later 

than March 1 of each year. The Secretary shall establish time frames for 

each office and agency within the Department of Agriculture to consider 

the committee recommendations. 

(2) Commodities to which applicable 

 Orders issued pursuant to this section shall be applicable only to 

(A) the following agricultural commodities and the products thereof 

(except canned or frozen pears, grapefruit, cherries, apples, or 

cranberries, the products of naval stores, and the products of 

honeybees), or to any regional, or market classification of any such 

commodity or product: Milk, fruits (including filberts, almonds, pecans 

and walnuts but not including apples, other than apples produced in the 

States of Washington, Oregon, Idaho, New York, Michigan, Maryland, New 

Jersey, Indiana, California, Maine, Vermont, New Hampshire, Rhode 

Island, Massachusetts, Connecticut, Colorado, Utah, New Mexico, 

Illinois, and Ohio, and not including fruits for canning or freezing 

other than pears, olives, grapefruit, cherries, caneberries (including 

raspberries, blackberries, and loganberries), cranberries, and apples 

produced in the States named above except Washington, Oregon, and 

Idaho), tobacco, vegetables (not including vegetables, other than 

asparagus, for canning or freezing and not including potatoes for 

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canning, freezing, or other processing), hops, honeybees and naval 

stores as included in the Naval Stores Act [7 U.S.C. 91 et seq.] and 

standards established thereunder (including refined or partially refined 

oleoresin): Provided, That no order issued pursuant to this section 

shall be effective as to any grapefruit for canning or freezing unless 

the Secretary of Agriculture determines, in addition to other findings 

and determinations required by this chapter, that the issuance of such 

order is approved or favored by the processors who, during a 

representative period determined by the Secretary, have been engaged in 

canning or freezing such commodity for market and have canned or frozen 

for market more than 50 per centum of the total volume of such commodity 

canned or frozen for market during such representative period; and (B) 

any agricultural commodity (except honey, cotton, rice, wheat, corn, 

grain sorghums, oats, barley, rye, sugarcane, sugarbeets, wool, mohair, 

livestock, soybeans, cottonseed, flaxseed, poultry (but not excepting 

turkeys and not excepting poultry which produce commercial eggs), fruits 

and vegetables for canning or freezing, including potatoes for canning, 

freezing, or other processing \1\ and apples), or any regional or market 

classification thereof, not subject to orders under (A) of this 

subdivision, but not the products (including canned or frozen 

commodities or products) thereof. No order issued pursuant to this 

section shall be effective as to cherries, apples, or cranberries for 

canning or freezing unless the Secretary of Agriculture determines, in 

addition to other required findings and determinations, that the 

issuance of such order is approved or favored by processors who, during 

a representative period determined by the Secretary, have engaged in 

canning or freezing such commodity for market and have frozen or canned 

more than 50 per centum of the total volume of the commodity to be 

regulated which was canned or frozen within the production area, or 

marketed within the marketing area, defined in such order, during such 

representative period. No order issued pursuant to this section shall be 

applicable to peanuts produced in more than one of the following 

production areas: the Virginia-Carolina production area, the Southeast 

production area, and the Southwest production area. If the Secretary 

determines that the declared policy of this chapter will be better 

achieved thereby (i) the commodities of the same general class and used 

wholly or in part for the same purposes may be combined and treated as a 

single commodity and (ii) the portion of an agricultural commodity 

devoted to or marketed for a particular use or combination of uses, may 

be treated as a separate agricultural commodity. All agricultural 

commodities and products covered hereby shall be deemed specified herein 

for the purposes of subsections (6) and (7) of this section. 

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 \1\ So in original. Probably should be followed by a comma. 

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(3) Notice and hearing 

 Whenever the Secretary of Agriculture has reason to believe that the 

issuance of an order will tend to effectuate the declared policy of this 

chapter with respect to any commodity or product thereof specified in 

subsection (2) of this section, he shall give due notice of and an 

opportunity for a hearing upon a proposed order. 

(4) Finding and issuance of order 

 After such notice and opportunity for hearing, the Secretary of 

Agriculture shall issue an order if he finds, and sets forth in such 

order, upon the evidence introduced at such hearing (in addition to such 

other findings as may be specifically required by this section) that the 

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issuance of such order and all of the terms and conditions thereof will 

tend to effectuate the declared policy of this chapter with respect to 

such commodity. 

(5) Terms--Milk and its products 

 In the case of milk and its products, orders issued pursuant to this 

section shall contain one or more of the following terms and conditions, 

and (except as provided in subsection (7) of this section) no others: 

 (A) Classifying milk in accordance with the form in which or the 

purpose for which it is used, and fixing, or providing a method for 

fixing, minimum prices for each such use classification which all 

handlers shall pay, and the time when payments shall be made, for milk 

purchased from producers or associations of producers. Such prices shall 

be uniform as to all handlers, subject only to adjustments for (1) 

volume, market, and production differentials customarily applied by the 

handlers subject to such order, (2) the grade or quality of the milk 

purchased, and (3) the locations at which delivery of such milk, or any 

use classification thereof, is made to such handlers. Throughout the 2- 

year period beginning on the effective date of this sentence (and 

subsequent to such 2-year period unless modified by amendment to the 

order involved), the minimum aggregate amount of the adjustments, under 

clauses (1) and (2) of the preceding sentence, to prices for milk of the 

highest use classification under orders that are in effect under this 

section on December 23, 1985, shall be as follows: 

 Minimum Aggregate Dollar 

 Amount of Such Adjustments 

Marketing Area Per Hundredweight of Milk 

 Subject to Order Having 3.5 Percent Milkfat 

 New England......................... $3.24 

 New York-New Jersey................. 3.14 

 Middle Atlantic..................... 3.03 

 Georgia............................. 3.08 

 Alabama-West Florida................ 3.08 

 Upper Florida....................... 3.58 

 Tampa Bay........................... 3.88 

 Southeastern Florida................ 4.18 

 Michigan Upper Peninsula............ 1.35 

 Southern Michigan................... 1.75 

 Eastern Ohio-Western Pennsylvania... 1.95 

 Ohio Valley......................... 2.04 

 Indiana............................. 2.00 

 Chicago Regional.................... 1.40 

 Central Illinois.................... 1.61 

 Southern Illinois................... 1.92 

 Louisville-Lexington-Evansville..... 2.11 

 Upper Midwest....................... 1.20 

 Eastern South Dakota................ 1.50 

 Black Hills, South Dakota........... 2.05 

 Iowa................................ 1.55 

 Nebraska-Western Iowa............... 1.75 

 Greater Kansas City................. 1.92 

 Tennessee Valley.................... 2.77 

 Nashville, Tennessee................ 2.52 

 Paducah, Kentucky................... 2.39 

 Memphis, Tennessee.................. 2.77 

 Central Arkansas.................... 2.77 

 Fort Smith, Arkansas................ 2.77 

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 Southwest Plains.................... 2.77 

 Texas Panhandle..................... 2.49 

 Lubbock-Plainview, Texas............ 2.49 

 Texas............................... 3.28 

 Greater Louisiana................... 3.28 

 New Orleans-Mississippi............. 3.85 

 Eastern Colorado.................... 2.73 

 Western Colorado.................... 2.00 

 Southwestern Idaho-Eastern Oregon... 1.50 

 Great Basin......................... 1.90 

 Lake Mead........................... 1.60 

 Central Arizona..................... 2.52 

 Rio Grande Valley................... 2.35 

 Puget Sound-Inland.................. 1.85 

 Oregon-Washington................... 1.95 

Effective at the beginning of such two-year period, the minimum prices 

for milk of the highest use classification shall be adjusted for the 

locations at which delivery of such milk is made to such handlers. 

 (B) Providing: 

 (i) for the payment to all producers and associations of 

 producers delivering milk to the same handler of uniform prices for 

 all milk delivered by them: Provided, That, except in the case of 

 orders covering milk products only, such provision is approved or 

 favored by at least three-fourths of the producers who, during a 

 representative period determined by the Secretary of Agriculture, 

 have been engaged in the production for market of milk covered in 

 such order or by producers who, during such representative period, 

 have produced at least three-fourths of the volume of such milk 

 produced for market during such period; the approval required 

 hereunder shall be separate and apart from any other approval or 

 disapproval provided for by this section; or 

 (ii) for the payment to all producers and associations of 

 producers delivering milk to all handlers of uniform prices for all 

 milk so delivered, irrespective of the uses made of such milk by the 

 individual handler to whom it is delivered; 

subject, in either case, only to adjustments for (a) volume, market, and 

production differentials customarily applied by the handlers subject to 

such order, (b) the grade or quality of the milk delivered, (c) the 

locations at which delivery of such milk is made, and (d) a further 

adjustment, equitably to apportion the total value of the milk purchased 

by any handler, or by all handlers, among producers and associations of 

producers, on the basis of their marketings of milk during a 

representative period of time.,\2\ [(e) omitted] and (f) a further 

adjustment, equitably to apportion the total value of milk purchased by 

any handler or by all handlers among producers on the basis of the milk 

components contained in their marketings of milk \3\ 

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 \2\ So in original. 

 \3\ So in original. Probably should be followed by a period. 

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 (C) In order to accomplish the purposes set forth in paragraphs (A) 

and (B) of this subsection, providing a method for making adjustments in 

payments, as among handlers (including producers who are also handlers), 

to the end that the total sums paid by each handler shall equal the 

value of the milk purchased by him at the prices fixed in accordance 

with paragraph (A) of this subsection. 

 (D) Providing that, in the case of all milk purchased by handlers 

from any producer who did not regularly sell milk during a period of 30 

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days next preceding the effective date of such order for consumption in 

the area covered thereby, payments to such producer, for the period 

beginning with the first regular delivery by such producer and 

continuing until the end of two full calendar months following the first 

day of the next succeeding calendar month, shall be made at the price 

for the lowest use classification specified in such order, subject to 

the adjustments specified in paragraph (B) of this subsection. 

 (E) Providing (i) except as to producers for whom such services are 

being rendered by a cooperative marketing association, qualified as 

provided in paragraph (F) of this subsection, for market information to 

producers and for the verification of weights, sampling, and testing of 

milk purchased from producers, and for making appropriate deductions 

therefor from payments to producers, and (ii) for assurance of, and 

security for, the payment by handlers for milk purchased. 

 (F) Nothing contained in this subsection is intended or shall be 

construed to prevent a cooperative marketing association qualified under 

the provisions of sections 291 and 292 of this title, engaged in making 

collective sales or marketing of milk or its products for the producers 

thereof, from blending the net proceeds of all of its sales in all 

markets in all use classifications, and making distribution thereof to 

its producers in accordance with the contract between the association 

and its producers: Provided, That it shall not sell milk or its products 

to any handler for use or consumption in any market at prices less than 

the prices fixed pursuant to paragraph (A) of this subsection for such 

milk. 

 (G) No marketing agreement or order applicable to milk and its 

products in any marketing area shall prohibit or in any manner limit, in 

the case of the products of milk, the marketing in that area of any milk 

or product thereof produced in any production area in the United States. 

 (H) Omitted 

 (I) Establishing or providing for the establishment of research and 

development projects, and advertising (excluding brand advertising), 

sales promotion, educational, and other programs designed to improve or 

promote the domestic marketing and consumption of milk and its products, 

to be financed by producers in a manner and at a rate specified in the 

order, on all producer milk under the order. Producer contributions 

under this subparagraph \4\ may be deducted from funds due producers in 

computing total pool value or otherwise computing total funds due 

producers and such deductions shall be in addition to the adjustments 

authorized by paragraph (B) of this subsection. Provision may be made in 

the order to exempt, or allow suitable adjustments or credits in 

connection with, milk on which a mandatory checkoff for advertising or 

marketing research is required under the authority of any State law. 

Such funds shall be paid to an agency organized by milk producers and 

producers' cooperative associations in such form and with such methods 

of operation as shall be specified in the order. Such agency may expend 

such funds for any of the purposes authorized by this subparagraph \4\ 

and may designate, employ, and allocate funds to persons and 

organizations engaged in such programs which meet the standards and 

qualifications specified in the order. All funds collected under this 

subparagraph \4\ shall be separately accounted for and shall be used 

only for the purposes for which they were collected. Programs authorized 

by this subparagraph \4\ may be either local or national in scope, or 

both, as provided in the order, but shall not be international. Order 

provisions under this subparagraph \4\ shall not become effective in any 

marketing order unless such provisions are approved by producers 

separately from other order provisions, in the same manner provided for 

the approval of marketing orders, and may be terminated separately 

whenever the Secretary makes a determination with respect to such 

provisions as is provided for the termination of an order in subsection 

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(16)(B) of this section. Disapproval or termination of such order 

provisions shall not be considered disapproval of the order or of other 

terms of the order. Notwithstanding any other provision of this chapter, 

any producer against whose marketings any assessment is withheld or 

collected under the authority of this subparagraph,\4\ and who is not in 

favor of supporting the research and promotion programs, as provided for 

herein, shall have the right to demand and receive a refund of such 

assessment pursuant to the terms and conditions specified in the order. 

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 \4\ So in original. Probably should be ``paragraph''. 

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 (J) Providing for the payment, from the total sums payable by all 

handlers for milk (irrespective of the use classification of such milk) 

and before computing uniform prices under paragraph (A) and making 

adjustments in payments under paragraph (C), to handlers that are 

cooperative marketing associations described in paragraph (F) and to 

handlers with respect to which adjustments in payments are made under 

paragraph (C), for services of marketwide benefit, including but not 

limited to-- 

 (i) providing facilities to furnish additional supplies of milk 

 needed by handlers and to handle and dispose of milk supplies in 

 excess of quantities needed by handlers; 

 (ii) handling on specific days quantities of milk that exceed 

 the quantities needed by handlers; and 

 (iii) transporting milk from one location to another for the 

 purpose of fulfilling requirements for milk of a higher use 

 classification or for providing a market outlet for milk of any use 

 classification. 

 (K)(i) Notwithstanding any other provision of law, milk produced by 

dairies-- 

 (I) owned or controlled by foreign persons; and 

 (II) financed by or with the use of bonds the interest on which 

 is exempt from Federal income tax under section 103 of title 26; 

shall be treated as other-source milk, and shall be allocated as milk 

received from producer-handlers for the purposes of classifying producer 

milk, under the milk marketing program established under this chapter. 

For the purposes of this subparagraph,\4\ the term ``foreign person'' 

has the meaning given such term under section 3508(3) of this title. 

 (ii) The Secretary of Agriculture shall prescribe regulations to 

carry out this subparagraph.\4\ 

 (iii) This subparagraph \4\ shall not apply with respect to any 

dairy that began operation before May 6, 1986. 

 (L) Providing that adjustments in payments by handlers under 

paragraph (A) need not be the same as adjustments to producers under 

paragraph (B) with regard to adjustments authorized by subparagraphs (2) 

and (3) of paragraph (A) and clauses (b), (c), and (d) of paragraph 

(B)(ii). 

(6) Terms--Other commodities 

 In the case of the agricultural commodities and the products 

thereof, other than milk and its products, specified in subsection (2) 

of this section orders issued pursuant to this section shall contain one 

or more of the following terms and conditions, and (except as provided 

in subsection (7) of this section), no others: 

 (A) Limiting, or providing methods for the limitation of, the total 

quantity of any such commodity or product, or of any grade, size, or 

quality thereof, produced during any specified period or periods, which 

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may be marketed in or transported to any or all markets in the current 

of interstate or foreign commerce or so as directly to burden, obstruct, 

or affect interstate or foreign commerce in such commodity or product 

thereof, during any specified period or periods by all handlers thereof. 

 (B) Allotting, or providing methods for allotting, the amount of 

such commodity or product, or any grade, size, or quality thereof, which 

each handler may purchase from or handle on behalf of any and all 

producers thereof, during any specified period or periods, under a 

uniform rule based upon the amounts sold by such producers in such prior 

period as the Secretary determines to be representative, or upon the 

current quantities available for sale by such producers, or both, to the 

end that the total quantity thereof to be purchased, or handled during 

any specified period or periods shall be apportioned equitably among 

producers. 

 (C) Allotting, or providing methods for allotting, the amount of any 

such commodity or product, or any grade, size, or quality thereof, which 

each handler may market in or transport to any or all markets in the 

current of interstate or foreign commerce or so as directly to burden, 

obstruct, or affect interstate or foreign commerce in such commodity or 

product thereof, under a uniform rule based upon the amounts which each 

such handler has available for current shipment, or upon the amounts 

shipped by each such handler in such prior period as the Secretary 

determines to be representative, or both, to the end that the total 

quantity of such commodity or product, or any grade, size, or quality 

thereof, to be marketed in or transported to any or all markets in the 

current of interstate or foreign commerce or so as directly to burden, 

obstruct, or affect interstate or foreign commerce in such commodity or 

product thereof, during any specified period or periods shall be 

equitably apportioned among all of the handlers thereof. 

 (D) Determining, or providing methods for determining, the existence 

and extent of the surplus of any such commodity or product, or of any 

grade, size, or quality thereof, and providing for the control and 

disposition of such surplus, and for equalizing the burden of such 

surplus elimination or control among the producers and handlers thereof. 

 (E) Establishing or providing for the establishment of reserve pools 

of any such commodity or product, or of any grade, size, or quality 

thereof, and providing for the equitable distribution of the net return 

derived from the sale thereof among the persons beneficially interested 

therein. 

 (F) Requiring or providing for the requirement of inspection of any 

such commodity or product produced during specified periods and marketed 

by handlers. 

 (G) In the case of hops and their products in addition to, or in 

lieu of, the foregoing terms and conditions, orders may contain one or 

more of the following: 

 (i) Limiting, or providing methods for the limitation of, the 

 total quantity thereof, or of any grade, type, or variety thereof, 

 produced during any specified period or periods, which all handlers 

 may handle in the current of or so as directly to burden, obstruct, 

 or affect interstate or foreign commerce in hops or any product 

 thereof. 

 (ii) Apportioning, or providing methods for apportioning, the 

 total quantity of hops of the production of the then current 

 calendar year permitted to be handled equitably among all producers 

 in the production area to which the order applies upon the basis of 

 one or more or a combination of the following: The total quantity of 

 hops available or estimated will become available for market by each 

 producer from his production during such period; the normal 

 production of the acreage of hops operated by each producer during 

 such period upon the basis of the number of acres of hops in 

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 production, and the average yield of that acreage during such period 

 as the Secretary determines to be representative, with adjustments 

 determined by the Secretary to be proper for age of plantings or 

 abnormal conditions affecting yield; such normal production or 

 historical record of any acreage for which data as to yield of hops 

 are not available or which had no yield during such period shall be 

 determined by the Secretary on the basis of the yields of other 

 acreage of hops of similar characteristics as to productivity, 

 subject to adjustment as just provided for. 

 (iii) Allotting, or providing methods for allotting, the 

 quantity of hops which any handler may handle so that the allotment 

 fixed for that handler shall be limited to the quantity of hops 

 apportioned under preceding section \5\ (ii) to each respective 

 producer of hops; such allotment shall constitute an allotment fixed 

 for that handler within the meaning of subsection (5) of section 

 608a of this title. 

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 \5\ So in original. Probably should be ``clause''. 

 (H) providing \6\ a method for fixing the size, capacity, weight, 

dimensions, or pack of the container, or containers, which may be used 

in the packaging, transportation, sale, shipment, or handling of any 

fresh or dried fruits, vegetables, or tree nuts: Provided, however, That 

no action taken hereunder shall conflict with the Standard Containers 

Act of 1916 (15 U.S.C. 251-256) and the Standard Containers Act of 1928 

(15 U.S.C. 257-257i); \7\ 

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 \6\ So in original. Probably should be capitalized. 

 \7\ So in original. Probably should be a period. 

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 (I) establishing \6\ or providing for the establishment of 

production research, marketing research and development projects 

designed to assist, improve, or promote the marketing, distribution, and 

consumption or efficient production of any such commodity or product, 

the expense of such projects to be paid from funds collected pursuant to 

the marketing order: Provided, That with respect to orders applicable to 

almonds, filberts (otherwise known as hazelnuts), California-grown 

peaches, cherries, papayas, carrots, citrus fruits, onions, Tokay 

grapes, pears, dates, plums, nectarines, celery, sweet corn, limes, 

olives, pecans, eggs, avocados, apples, raisins, walnuts, tomatoes, 

caneberries (including raspberries, blackberries, and loganberries), 

Florida grown \8\ strawberries, or cranberries, such projects may 

provide for any form of marketing promotion including paid advertising 

and with respect to almonds, filberts (otherwise known as hazelnuts), 

raisins, walnuts, olives, Florida Indian River grapefruit, and 

cranberries may provide for crediting the pro rata expense assessment 

obligations of a handler with all or any portion of his direct 

expenditures for such marketing promotion including paid advertising as 

may be authorized by the order and when the handling of any commodity 

for canning or freezing is regulated, then any such projects may also 

deal with the commodity or its products in canned or frozen form: 

Provided further, That the inclusion in a Federal marketing order of 

provisions for research and marketing promotion, including paid 

advertising, shall not be deemed to preclude, preempt or supersede any 

such provisions in any State program covering the same commodity. 

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 \8\ So in original. Probably should be ``Florida-grown''. 

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 (J) In the case of pears for canning or freezing, any order for a 

production area encompassing territory within two or more States or 

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portions thereof shall provide that the grade, size, quality, maturity, 

and inspection regulation under the order applicable to pears grown 

within any such State or portion thereof may be recommended to the 

Secretary by the agency established to administer the order only if a 

majority of the representatives from that State on such agency concur in 

the recommendation each year. 

(7) Terms common to all orders 

 In the case of the agricultural commodities and the products thereof 

specified in subsection (2) of this section orders shall contain one or 

more of the following terms and conditions: 

 (A) Prohibiting unfair methods of competition and unfair trade 

practices in the handling thereof. 

 (B) Providing that (except for milk and cream to be sold for 

consumption in fluid form) such commodity or product thereof, or any 

grade, size, or quality thereof shall be sold by the handlers thereof 

only at prices filed by such handlers in the manner provided in such 

order. 

 (C) Providing for the selection by the Secretary of Agriculture, or 

a method for the selection, of an agency or agencies and defining their 

powers and duties, which shall include only the powers: 

 (i) To administer such order in accordance with its terms and 

 provisions; 

 (ii) To make rules and regulations to effectuate the terms and 

 provisions of such order; 

 (iii) To receive, investigate, and report to the Secretary of 

 Agriculture complaints of violations of such order; and 

 (iv) To recommend to the Secretary of Agriculture amendments to 

 such order. 

No person acting as a member of an agency established pursuant to this 

paragraph shall be deemed to be acting in an official capacity, within 

the meaning of section 610(g) of this title, unless such person receives 

compensation for his personal services from funds of the United States. 

There shall be included in the membership of any agency selected to 

administer a marketing order applicable to grapefruit for canning or 

freezing one or more representatives of processors of the commodity 

specified in such order. 

 (D) Incidental to, and not inconsistent with, the terms and 

conditions specified in subsections (5), (6), and (7) of this section 

and necessary to effectuate the other provisions of such order. 

(8) Orders with marketing agreement 

 Except as provided in subsection (9) of this section, no order 

issued pursuant to this section shall become effective until the 

handlers (excluding cooperative associations of producers who are not 

engaged in processing, distributing, or shipping the commodity or 

product thereof covered by such order) of not less than 50 per centum of 

the volume of the commodity or product thereof covered by such order 

which is produced or marketed within the production or marketing area 

defined in such order have signed a marketing agreement, entered into 

pursuant to section 608b of this title, which regulates the handling of 

such commodity or product in the same manner as such order, except that 

as to citrus fruits produced in any area producing what is known as 

California citrus fruits no order issued pursuant to this subsection 

shall become effective until the handlers of not less than 80 per centum 

of the volume of such commodity or product thereof covered by such order 

have signed such a marketing agreement: Provided, That no order issued 

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pursuant to this subsection shall be effective unless the Secretary of 

Agriculture determines that the issuance of such order is approved or 

favored: 

 (A) By at least two-thirds of the producers who (except that as to 

citrus fruits produced in any area producing what is known as California 

citrus fruits said order must be approved or favored by three-fourths of 

the producers), during a representative period determined by the 

Secretary, have been engaged, within the production area specified in 

such marketing agreement or order, in the production for market of the 

commodity specified therein, or who, during such representative period, 

have been engaged in the production of such commodity for sale in the 

marketing area specified in such marketing agreement, or order, or 

 (B) By producers who, during such representative period, have 

produced for market at least two-thirds of the volume of such commodity 

produced for market within the production area specified in such 

marketing agreement or order, or who, during such representative period, 

have produced at least two-thirds of the volume of such commodity sold 

within the marketing area specified in such marketing agreement or 

order. 

(9) Orders with or without marketing agreement 

 Any order issued pursuant to this section shall become effective in 

the event that, notwithstanding the refusal or failure of handlers 

(excluding cooperative associations of producers who are not engaged in 

processing, distributing, or shipping the commodity or product thereof 

covered by such order) of more than 50 per centum of the volume of the 

commodity or product thereof (except that as to citrus fruits produced 

in any area producing what is known as California citrus fruits said per 

centum shall be 80 per centum) covered by such order which is produced 

or marketed within the production or marketing area defined in such 

order to sign a marketing agreement relating to such commodity or 

product thereof, on which a hearing has been held, the Secretary of 

Agriculture determines: 

 (A) That the refusal or failure to sign a marketing agreement (upon 

which a hearing has been held) by the handlers (excluding cooperative 

associations of producers who are not engaged in processing, 

distributing, or shipping the commodity or product thereof covered by 

such order) of more than 50 per centum of the volume of the commodity or 

product thereof (except that as to citrus fruits produced in any area 

producing what is known as California citrus fruits said per centum 

shall be 80 per centum) specified therein which is produced or marketed 

within the production or marketing area specified therein tends to 

prevent the effectuation of the declared policy of this chapter with 

respect to such commodity or product, and 

 (B) That the issuance of such order is the only practical means of 

advancing the interests of the producers of such commodity pursuant to 

the declared policy, and is approved or favored: 

 (i) By at least two-thirds of the producers (except that as to 

 citrus fruits produced in any area producing what is known as 

 California citrus fruits said order must be approved or favored by 

 three-fourths of the producers) who, during a representative period 

 determined by the Secretary, have been engaged, within the 

 production area specified in such marketing agreement or order, in 

 the production for market of the commodity specified therein, or 

 who, during such representative period, have been engaged in the 

 production of such commodity for sale in the marketing area 

 specified in such marketing agreement, or order, or 

 (ii) By producers who, during such representative period, have 

 produced for market at least two-thirds of the volume of such 

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 commodity produced for market within the production area specified 

 in such marketing agreement or order, or who, during such 

 representative period, have produced at least two-thirds of the 

 volume of such commodity sold within the marketing area specified in 

 such marketing agreement or order. 

(10) Manner of regulation and applicability 

 No order shall be issued under this section unless it regulates the 

handling of the commodity or product covered thereby in the same manner 

as, and is made applicable only to persons in the respective classes of 

industrial or commercial activity specified in, a marketing agreement 

upon which a hearing has been held. No order shall be issued under this 

chapter prohibiting, regulating, or restricting the advertising of any 

commodity or product covered thereby, nor shall any marketing agreement 

contain any provision prohibiting, regulating, or restricting the 

advertising of any commodity, or product covered by such marketing 

agreement. 

(11) Regional application 

 (A) No order shall be issued under this section which is applicable 

to all production areas or marketing areas, or both, of any commodity or 

product thereof unless the Secretary finds that the issuance of several 

orders applicable to the respective regional production areas or 

regional marketing areas, or both, as the case may be, of the commodity 

or product would not effectively carry out the declared policy of this 

chapter. 

 (B) Except in the case of milk and its products, orders issued under 

this section shall be limited in their application to the smallest 

regional production areas or regional marketing areas, or both, as the 

case may be, which the Secretary finds practicable, consistently with 

carrying out such declared policy. 

 (C) All orders issued under this section which are applicable to the 

same commodity or product thereof shall, so far as practicable, 

prescribe such different terms, applicable to different production areas 

and marketing areas, as the Secretary finds necessary to give due 

recognition to the differences in production and marketing of such 

commodity or product in such areas. 

The price of milk paid by a handler at a plant operating in Clark 

County, Nevada shall not be subject to any order issued under this 

section. 

(12) Cooperative association representation 

 Whenever, pursuant to the provisions of this section, the Secretary 

is required to determine the approval or disapproval of producers with 

respect to the issuance of any order, or any term or condition thereof, 

or the termination thereof, the Secretary shall consider the approval or 

disapproval by any cooperative association of producers, bona fide 

engaged in marketing the commodity or product thereof covered by such 

order, or in rendering services for or advancing the interests of the 

producers of such commodity, as the approval or disapproval of the 

producers who are members of, stockholders in, or under contract with, 

such cooperative association of producers. 

(13) Retailer and producer exemption 

 (A) No order issued under subsection (9) of this section shall be 

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applicable to any person who sells agricultural commodities or products 

thereof at retail in his capacity as such retailer, except to a retailer 

in his capacity as a retailer of milk and its products. 

 (B) No order issued under this chapter shall be applicable to any 

producer in his capacity as a producer. 

(14) Violation of order 

 (A) Any handler subject to an order issued under this section, or 

any officer, director, agent, or employee of such handler, who violates 

any provision of such order shall, on conviction, be fined not less than 

$50 or more than $5,000 for each such violation, and each day during 

which such violation continues shall be deemed a separate violation. If 

the court finds that a petition pursuant to subsection (15) of this 

section was filed and prosecuted by the defendant in good faith and not 

for delay, no penalty shall be imposed under this subsection for such 

violations as occurred between the date upon which the defendant's 

petition was filed with the Secretary, and the date upon which notice of 

the Secretary's ruling thereon was given to the defendant in accordance 

with regulations prescribed pursuant to subsection (15) of this section. 

 (B) Any handler subject to an order issued under this section, or 

any officer, director, agent, or employee of such handler, who violates 

any provision of such order may be assessed a civil penalty by the 

Secretary not exceeding $1,000 for each such violation. Each day during 

which such violation continues shall be deemed a separate violation, 

except that if the Secretary finds that a petition pursuant to paragraph 

(15) was filed and prosecuted by the handler in good faith and not for 

delay, no civil penalty may be assessed under this paragraph for such 

violations as occurred between the date on which the handler's petition 

was filed with the Secretary, and the date on which notice of the 

Secretary's ruling thereon was given to the handler in accordance with 

regulations prescribed pursuant to paragraph (15). The Secretary may 

issue an order assessing a civil penalty under this paragraph only after 

notice and an opportunity for an agency hearing on the record. Such 

order shall be treated as a final order reviewable in the district 

courts of the United States in any district in which the handler subject 

to the order is an inhabitant, or has the handler's principal place of 

business. The validity of such order may not be reviewed in an action to 

collect such civil penalty. 

(15) Petition by handler and review 

 (A) Any handler subject to an order may file a written petition with 

the Secretary of Agriculture, stating that any such order or any 

provision of any such order or any obligation imposed in connection 

therewith is not in accordance with law and praying for a modification 

thereof or to be exempted therefrom. He shall thereupon be given an 

opportunity for a hearing upon such petition, in accordance with 

regulations made by the Secretary of Agriculture, with the approval of 

the President. After such hearing, the Secretary shall make a ruling 

upon the prayer of such petition which shall be final, if in accordance 

with law. 

 (B) The District Courts of the United States in any district in 

which such handler is an inhabitant, or has his principal place of 

business, are hereby vested with jurisdiction in equity to review such 

ruling, provided a bill in equity for that purpose is filed within 

twenty days from the date of the entry of such ruling. Service of 

process in such proceedings may be had upon the Secretary by delivering 

to him a copy of the bill of complaint. If the court determines that 

such ruling is not in accordance with law, it shall remand such 

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proceedings to the Secretary with directions either (1) to make such 

ruling as the court shall determine to be in accordance with law, or (2) 

to take such further proceedings as, in its opinion, the law requires. 

The pendency of proceedings instituted pursuant to this subsection (15) 

shall not impede, hinder, or delay the United States or the Secretary of 

Agriculture from obtaining relief pursuant to section 608a(6) of this 

title. Any proceedings brought pursuant to section 608a(6) of this title 

(except where brought by way of counterclaim in proceedings instituted 

pursuant to this subsection (15)) shall abate whenever a final decree 

has been rendered in proceedings between the same parties, and covering 

the same subject matter, instituted pursuant to this subsection (15). 

(16) Termination of orders and marketing agreements 

 (A)(i) Except as provided in clause (ii), the Secretary of 

Agriculture shall, whenever he finds that any order issued under this 

section, or any provision thereof, obstructs or does not tend to 

effectuate the declared policy of this chapter, terminate or suspend the 

operation of such order or such provision thereof. 

 (ii) The Secretary may not terminate any order issued under this 

section for a commodity for which there is no Federal program 

established to support the price of such commodity unless the Secretary 

gives notice of, and a statement of the reasons relied upon by the 

Secretary for, the proposed termination of such order to the Committee 

on Agriculture, Nutrition, and Forestry of the Senate and the Committee 

on Agriculture of the House of Representatives not later than 60 days 

before the date such order will be terminated. 

 (B) The Secretary shall terminate any marketing agreement entered 

into under section 608b of this title, or order issued under this 

section, at the end of the then current marketing period for such 

commodity, specified in such marketing agreement or order, whenever he 

finds that such termination is favored by a majority of the producers 

who, during a representative period determined by the Secretary, have 

been engaged in the production for market of the commodity specified in 

such marketing agreement or order, within the production area specified 

in such marketing agreement or order, or who, during such representative 

period, have been engaged in the production of such commodity for sale 

within the marketing area specified in such marketing agreement or 

order: Provided, That such majority have, during such representative 

period, produced for market more than 50 per centum of the volume of 

such commodity produced for market within the production area specified 

in such marketing agreement or order, or have, during such 

representative period, produced more than 50 per centum of the volume of 

such commodity sold in the marketing area specified in such marketing 

agreement or order, but such termination shall be effective only if 

announced on or before such date (prior to the end of the then current 

marketing period) as may be specified in such marketing agreement or 

order. 

 (C) Except as otherwise provided in this subsection with respect to 

the termination of an order issued under this section, the termination 

or suspension of any order or amendment thereto or provision thereof, 

shall not be considered an order within the meaning of this section. 

(17) Provisions applicable to amendments 

 The provisions of this section, section 608d of this title,\9\ 

applicable to orders shall be applicable to amendments to orders: 

Provided, That notice of a hearing upon a proposed amendment to any 

order issued pursuant to this section, given not less than three days 

prior to the date fixed for such hearing, shall be deemed due notice 

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thereof. 

--------------------------------------------------------------------------- 

 \9\ So in original. 

--------------------------------------------------------------------------- 

(18) Milk prices 

 The Secretary of Agriculture, prior to prescribing any term in any 

marketing agreement or order, or amendment thereto, relating to milk or 

its products, if such term is to fix minimum prices to be paid to 

producers or associations of producers, or prior to modifying the price 

fixed in any such term, shall ascertain the parity prices of such 

commodities. The prices which it is declared to be the policy of 

Congress to establish in section 602 of this title shall, for the 

purposes of such agreement, order, or amendment, be adjusted to reflect 

the price of feeds, the available supplies of feeds, and other economic 

conditions which affect market supply and demand for milk or its 

products in the marketing area to which the contemplated marketing 

agreement, order, or amendment relates. Whenever the Secretary finds, 

upon the basis of the evidence adduced at the hearing required by 

section 608b of this title or this section, as the case may be, that the 

parity prices of such commodities are not reasonable in view of the 

price of feeds, the available supplies of feeds, and other economic 

conditions which affect market supply and demand for milk and its 

products in the marketing area to which the contemplated agreement, 

order, or amendment relates, he shall fix such prices as he finds will 

reflect such factors, insure a sufficient quantity of pure and wholesome 

milk, and be in the public interest. Thereafter, as the Secretary finds 

necessary on account of changed circumstances, he shall, after due 

notice and opportunity for hearing, make adjustments in such prices. 

(19) Producer referendum 

 For the purpose of ascertaining whether the issuance of an order is 

approved or favored by producers or processors, as required under the 

applicable provisions of this chapter, the Secretary may conduct a 

referendum among producers or processors and in the case of an order 

other than an amendatory order shall do so. The requirements of approval 

or favor under any such provision shall be held to be complied with if, 

of the total number of producers or processors, or the total volume of 

production, as the case may be, represented in such referendum, the 

percentage approving or favoring is equal to or in excess of the 

percentage required under such provision. The terms and conditions of 

the proposed order shall be described by the Secretary in the ballot 

used in the conduct of the referendum. The nature, content, or extent of 

such description shall not be a basis for attacking the legality of the 

order or any action relating thereto. Nothing in this subsection shall 

be construed as limiting representation by cooperative associations as 

provided in subsection (12) of this section. For the purpose of 

ascertaining whether the issuance of an order applicable to pears for 

canning or freezing is approved or favored by producers as required 

under the applicable provisions of this chapter, the Secretary shall 

conduct a referendum among producers in each State in which pears for 

canning or freezing are proposed to be included within the provisions of 

such marketing order and the requirements of approval or favor under any 

such provisions applicable to pears for canning or freezing shall be 

held to be complied with if, of the total number of producers, or the 

total volume of production, as the case may be, represented in such 

referendum, the percentage approving or favoring is equal to or in 

excess of 66\2/3\ per centum except that in the event that pear 

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producers in any State fail to approve or favor the issuance of any such 

marketing order, it shall not be made effective in such State. 

(May 12, 1933, ch. 25, title I, Sec. 8c, as added Aug. 24, 1935, ch. 

641, Sec. 5, 49 Stat. 753; amended June 25, 1936, ch. 804, 49 Stat. 

1921; June 3, 1937, ch. 296, Secs. 1, 2(d)-(f), 50 Stat. 246, 247; June 

3, 1937, ch. 296, Sec. 2(k), (l), as added Aug. 5, 1937, ch. 567, 50 

Stat. 563; Apr. 13, 1938, ch. 143, Secs. 1, 2, 52 Stat. 215; May 31, 

1939, ch. 157, 53 Stat. 793; Feb. 10, 1942, ch. 52, Secs. 2, 3, 56 Stat. 

85; 1947 Reorg. Plan No. 1, Sec. 102, eff. July 1, 1947, 12 F.R. 4534, 

61 Stat. 951; Aug. 1, 1947, ch. 425, Secs. 2, 4, 61 Stat. 707, 710; July 

3, 1948, ch. 827, title III, Sec. 302(b), (c), 62 Stat. 1258; June 29, 

1949, ch. 273, 63 Stat. 282; Aug. 28, 1954, ch. 1041, title IV, 

Sec. 401(b)-(d), 68 Stat. 906, 907; Pub. L. 87-128, title I, 

Sec. 141(3), (4), Aug. 8, 1961, 75 Stat. 304, 305; Pub. L. 87-703, title 

IV, Sec. 403, Sept. 27, 1962, 76 Stat. 632; Pub. L. 89-321, title I, 

Secs. 101, 102, Nov. 3, 1965, 79 Stat. 1187; Pub. L. 89-330, Sec. 1(b), 

Nov. 8, 1965, 79 Stat. 1270; Pub. L. 91-196, Sec. 1, Feb. 20, 1970, 84 

Stat. 14; Pub. L. 91-292, Sec. 1(2), June 25, 1970, 84 Stat. 333; Pub. 

L. 91-341, July 18, 1970, 84 Stat. 438; Pub. L. 91-363, July 31, 1970, 

84 Stat. 687; Pub. L. 91-384, Aug. 18, 1970, 84 Stat. 827; Pub. L. 91- 

522, Nov. 25, 1970, 84 Stat. 1357; Pub. L. 91-524, title II, 

Sec. 201(a), Nov. 30, 1970, 84 Stat. 1359; Pub. L. 91-670, title I, 

Sec. 101, title II, Sec. 201, Jan. 11, 1971, 84 Stat. 2040, 2041; Pub. 

L. 92-120, Aug. 13, 1971, 85 Stat. 340; Pub. L. 92-233, Feb. 15, 1972, 

86 Stat. 39; Pub. L. 92-466, Oct. 6, 1972, 86 Stat. 780; Pub. L. 91-524, 

title II, Sec. 201(f), Nov. 30, 1970, as added Pub. L. 93-86, 

Sec. 1(2)(B), Aug. 10, 1973, 87 Stat. 222; Pub. L. 93-230, Dec. 29, 

1973, 87 Stat. 945; Pub. L. 95-279, title IV, Sec. 401(a), May 15, 1978, 

92 Stat. 242; Pub. L. 96-494, title I, Sec. 101, Dec. 3, 1980, 94 Stat. 

2570; Pub. L. 97-98, title I, Sec. 101(a), Dec. 22, 1981, 95 Stat. 1218; 

Pub. L. 98-171, Sec. 1, Nov. 29, 1983, 97 Stat. 1117; Pub. L. 98-180, 

title III, Sec. 304, Nov. 29, 1983, 97 Stat. 1151; Pub. L. 99-198, title 

I, Secs. 131(a), 133, title XVI, Secs. 1661(a), 1662(a), Dec. 23, 1985, 

99 Stat. 1372, 1373, 1630, 1631; Pub. L. 100-203, title I, Sec. 1501, 

Dec. 22, 1987, 101 Stat. 1330-27; Pub. L. 100-418, title IV, Secs. 4601, 

4602, Aug. 23, 1988, 102 Stat. 1407; Pub. L. 101-624, title I, 

Secs. 112, 113, title XIII, Sec. 1306, Nov. 28, 1990, 104 Stat. 3380, 

3561; Pub. L. 102-237, title I, Sec. 115(2), Dec. 13, 1991, 105 Stat. 

1840; Pub. L. 102-553, Sec. 2, Oct. 28, 1992, 106 Stat. 4141; Pub. L. 

106-78, title VII, Secs. 757(a), 760, Oct. 22, 1999, 113 Stat. 1171, 

1173; Pub. L. 107-76, title VII, Sec. 765, Nov. 28, 2001, 115 Stat. 743; 

Pub. L. 107-171, title X, Sec. 10601(a), May 13, 2002, 116 Stat. 511; 

Pub. L. 108-379, Sec. 1, Oct. 30, 2004, 118 Stat. 2209.) 

 References in Text 

 The Naval Stores Act, referred to in subsec. (2)(A), is act Mar. 3, 

1923, ch. 217, 42 Stat. 1435, as amended, which is classified generally 

to chapter 4 (Sec. 91 et seq.) of this title. For complete 

classification of this Act to the Code, see section 91 of this title and 

Tables. 

 For the effective date of this sentence, referred to in subsec. 

(5)(A), see section 131(b) of Pub. L. 99-198, set out as an Effective 

Date of 1985 Amendment note below. 

 The Standard Containers Act of 1916 and the Standard Containers Act 

of 1928, referred to in subsec. (6)(H), are act Aug. 31, 1916, ch. 426, 

39 Stat. 673, as amended, and act May 21, 1928, ch. 664, 45 Stat. 685, 

as amended, respectively, and were repealed by Pub. L. 90-628, 

Sec. 1(a), (b), Oct. 22, 1968, 82 Stat. 1320. 

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 Codification 

 Subsec. 5(B)(e), which permitted a provision for the accumulation 

and disbursement of a fund to encourage seasonal adjustments in the 

production of milk to be included in an order, was omitted as 

terminated. See Effective and Termination Dates of 1981 Amendment note 

set out below. 

 Subsec. (5)(H), which permitted marketing orders applicable to milk 

and its products to be limited in application to milk used for 

manufacturing, was omitted as terminated. See Termination of 1965 

Amendment note set out below. 

 Phrase ``, with the approval of the President,'' following 

``Secretary of Agriculture'' in introductory provisions of subsec. (9) 

of this section, was omitted on the authority of section 102 of 1947 

Reorg. Plan No. 1, set out in the Appendix to Title 5, Government 

Organization and Employees, which abolished the function of the 

President with respect to approving determinations of the Secretary of 

Agriculture in connection with agricultural marketing orders under this 

section. 

 The words ``(including the district court of the United States for 

the District of Columbia)'' in subsec. (15)(B) following ``The District 

Courts of the United States'' have been deleted as superfluous in view 

of section 132(a) of Title 28, Judiciary and Judicial Procedure which 

states that ``There shall be in each judicial district a district court 

which shall be a court of record known as the United States District 

Court for the district.'', and section 88 of said Title 28 which states 

in part that ``The District of Columbia constitutes one judicial 

district.'' 

 Amendments 

 2004--Subsec. (7)(C). Pub. L. 108-379, in concluding provisions, 

struck out ``or pears'' after ``grapefruit'' and ``: Provided, That in a 

marketing order applicable to pears for canning or freezing the 

representation of processors and producers on such agency shall be 

equal'' before period at end. 

 2002--Subsec. (2)(A). Pub. L. 107-171, Sec. 10601(a)(1), inserted 

``caneberries (including raspberries, blackberries, and loganberries),'' 

after ``other than pears, olives, grapefruit, cherries,''. 

 Subsec. (6)(I). Pub. L. 107-171, Sec. 10601(a)(2), substituted 

``tomatoes, caneberries (including raspberries, blackberries, and 

loganberries),'' for ``tomatoes,,'' in first proviso. 

 2001--Subsec. (1). Pub. L. 107-76, which directed insertion of ``The 

Secretary is authorized to implement a producer allotment program and a 

handler withholding program under the cranberry marketing order in the 

same crop year through informal rulemaking based on a recommendation and 

supporting economic analysis submitted by the Cranberry Marketing 

Committee. Such recommendation and analysis shall be submitted by the 

Committee no later than March 1 of each year.'' at end of penultimate 

sentence of section 8c(1) of the Agricultural Marketing Agreement Act of 

1937, was executed to this section, which is section 8c(1) of the 

Agricultural Adjustment Act, to reflect the probable intent of Congress. 

 1999--Subsec. (6)(I). Pub. L. 106-78, Sec. 757(a)(2), substituted 

``Florida Indian River grapefruit, and cranberries'' for ``and Florida 

Indian River grapefruit'' in first proviso. 

 Pub. L. 106-78, Sec. 757(a)(1), which directed substitution of ``, 

Florida grown strawberries, or cranberries'' for ``or Florida grown 

strawberries'' in first proviso, was executed by making the substitution 

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for ``or Florida-grown strawberries'' to reflect the probable intent of 

Congress. 

 Subsec. (11). Pub. L. 106-78, Sec. 760, inserted at end ``The price 

of milk paid by a handler at a plant operating in Clark County, Nevada 

shall not be subject to any order issued under this section.'' 

 1992--Subsec. (1). Pub. L. 102-553 inserted at end ``In carrying out 

this section, the Secretary shall complete all informal rulemaking 

actions necessary to respond to recommendations submitted by 

administrative committees for such orders as expeditiously as possible, 

but not more than 45 days (to the extent practicable) after submission 

of the committee recommendations. The Secretary shall establish time 

frames for each office and agency within the Department of Agriculture 

to consider the committee recommendations.'' 

 1991--Subsec. (5)(B). Pub. L. 102-237 substituted ``, and'' for 

``and,'' before cl. (f). 

 1990--Subsec. (5)(B)(f). Pub. L. 101-624, Sec. 112, added cl. (f). 

 Subsec. (5)(L). Pub. L. 101-624, Sec. 113, added par. (L). 

 Subsec. (14)(A). Pub. L. 101-624, Sec. 1306(1), struck out ``(other 

than a provision calling for payment of a pro rata share of expenses)'' 

before ``shall, on conviction'' and substituted ``. If'' for ``: 

Provided, That if''. 

 Subsec. (14)(B). Pub. L. 101-624, Sec. 1306(2), struck out ``(other 

than a provision calling for payment of a pro rata share of expenses)'' 

before ``may be assessed''. 

 1988--Subsec. (5)(K). Pub. L. 100-418, Sec. 4601, added par. (K). 

 Subsec. (6)(I). Pub. L. 100-418, Sec. 4602, substituted ``tomatoes, 

or Florida-grown strawberries,'' for ``or tomatoes'' in first proviso. 

 1987--Subsec. (14). Pub. L. 100-203 designated existing provisions 

as par. (A) and added par. (B). 

 1985--Subsec. (5)(A). Pub. L. 99-198, Sec. 131(a), inserted 

provisions, with accompanying table, establishing the minimum aggregate 

amounts of the adjustments under cls. (1) and (2) to prices for milk of 

the highest use classification under orders in effect on Dec. 23, 1985, 

and requiring that such prices be adjusted for the locations at which 

delivery of such milk is made to such handlers. 

 Subsec. (5)(J). Pub. L. 99-198, Sec. 133, added par. (J). 

 Subsec. (14). Pub. L. 99-198, Sec. 1661(a), substituted ``$5,000'' 

for ``$500''. 

 Subsec. (16)(A). Pub. L. 99-198, Sec. 1662(a)(1), designated 

existing provisions of par. (A) as cl. (i), substituted ``Except as 

provided in clause (ii), the Secretary'' for ``The Secretary'', and 

added cl. (ii). 

 Subsec. (16)(C). Pub. L. 99-198, Sec. 1662(a)(2), substituted 

``Except as otherwise provided in this subsection with respect to the 

termination of an order issued under this section, the termination'' for 

``The termination''. 

 1983--Subsec. (2)(B). Pub. L. 98-180, Sec. 304(1), substituted 

``poultry (but not excepting turkeys and not excepting poultry which 

produce commercial eggs),'' for ``poultry (but not excepting turkeys), 

eggs (but not excepting turkey hatching eggs),''. 

 Subsec. (6)(I). Pub. L. 98-180, Sec. 304(2), inserted ``eggs,'' 

after ``pecans,'' in first proviso. 

 Pub. L. 98-171 inserted, in first proviso, ``filberts (otherwise 

known as hazelnuts),'' after ``almonds,'' in two places. 

 1981--Subsec. (5)(B). Pub. L. 97-98, Sec. 101(a)(1), temporarily 

added cls. (d) and (e) and struck out former cl. (d) which read as 

follows: ``a further adjustment, equitably to apportion the total value 

of the milk purchased by any handler, or by all handlers, among 

producers and associations of producers, on the basis of their 

marketings of milk during a representative period of time.'' See 

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Effective and Termination Dates of 1981 Amendment note below. 

 Subsec. (17). Pub. L. 97-98, Sec. 101(a)(2), temporarily struck out 

period at end and added second proviso related to provisions governing 

procedures when one-third or more of producers apply in writing for a 

hearing on a proposed amendment of an order, prohibiting any 

construction of subsec. (12) in a way which might permit cooperatives to 

act for their members in applying for hearings, and excusing the 

Secretary from the requirement of having to call a hearing on proposed 

amendments to an order in response to an application for such a hearing 

when the application for such a hearing is received by the Secretary 

within ninety days after the date on which the Secretary has announced 

his decision on a previously proposed amendment to such order and the 

two proposed amendments are essentially the same. See Effective and 

Termination Dates of 1981 Amendment note below. A substantially 

identical amendment was temporarily made by Pub. L. 91-524, 

Sec. 201(f)(1), as added by Pub. L. 93-86, see 1970 Amendment note and 

Termination of 1970 Amendment note below. 

 Subsec. (18). Pub. L. 97-98, Sec. 101(a)(3), temporarily inserted 

``to meet current needs and further to assure a level of farm income 

adequate to maintain productive capacity sufficient to meet anticipated 

future needs'' after ``pure and wholesome milk''. See Effective and 

Termination Dates of 1981 Amendment note below. An identical amendment 

was temporarily made by Pub. L. 91-524, Sec. 201(f)(2), as added by Pub. 

L. 93-86, see 1970 Amendment note and Termination of 1970 Amendment note 

below. 

 1980--Subsec. (6)(I). Pub. L. 96-494 inserted, in first proviso, 

``walnuts,'' before ``or tomatoes'' and ``walnuts, olives,'' before 

``and Florida Indian River grapefruit''. 

 1978--Subsec. (6)(I). Pub. L. 95-279 inserted, in first proviso, 

``raisins,'' after ``apples,'' and ``, raisins,'' after ``with respect 

to almonds''. 

 1973--Subsec. (6)(I). Pub. L. 93-230 inserted ``and Florida Indian 

River grapefruit'' after ``with respect to almonds'' in first proviso. 

 Subsec. (17). Pub. L. 93-86 added Pub. L. 91-524, Sec. 201(f)(1). 

See 1970 Amendment note below. 

 Subsec. (18). Pub. L. 93-86 added Pub. L. 91-524, Sec. 201(f)(2). 

See 1970 Amendment note below. 

 1972--Subsec. (2)(A). Pub. L. 92-466, Sec. 1(1), inserted ``pears,'' 

after ``canned or frozen'' the first time appearing and before 

``olives,''. 

 Pub. L. 92-233, Sec. 1(1), inserted ``and not including potatoes for 

canning, freezing, or other processing'' after ``vegetables (not 

including vegetables, other than asparagus, for canning or freezing''. 

The amendment served to make permanent the temporary exemption first 

inserted by Pub. L. 91-196, Sec. 1(1). See 1970 Amendment note and 

Effective Date of 1970 Amendment note below. 

 Subsec. (2)(B). Pub. L. 92-233, Sec. 1(2), inserted ``including 

potatoes for canning, freezing, or other processing'' after ``fruits and 

vegetables for canning or freezing,''. The amendment served to make 

permanent the temporary exemption first inserted by Pub. L. 91-196, 

Sec. 1(2). See 1970 Amendment note and Effective Date of 1970 Amendment 

note below. 

 Subsec. (6)(I). Pub. L. 92-466, Sec. 1(2), in first proviso, struck 

out ``fresh'' before ``pears'' and inserted at end ``and when the 

handling of any commodity for canning or freezing is regulated, then any 

such projects may also deal with the commodity or its products in canned 

or frozen form''. 

 Subsec. (6)(J). Pub. L. 92-466, Sec. 1(5), added par. (J). 

 Subsec. (7)(C). Pub. L. 92-466, Sec. 1(3), inserted ``or pears'' 

after ``a marketing order applicable to grapefruit'', struck out period 

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at end, and inserted ``: Provided, That in a marketing order applicable 

to pears for canning or freezing the representation of processors and 

producers on such agency shall be equal.'' 

 Subsec. (19). Pub. L. 92-466, Sec. 1(4), inserted provision 

respecting producer or processor referendum for approving order 

applicable to pears for canning or freezing. 

 1971--Subsec. (5)(I). Pub. L. 91-670, Sec. 101, added par. (I). 

 Subsec. (6)(I). Pub. L. 92-120 inserted ``California-grown 

peaches,'' after ``applicable to almonds,'' in first proviso. 

 Pub. L. 91-670, Sec. 201, substituted ``apples, or tomatoes'' for 

``or apples'' in first proviso. 

 1970--Subsec. (2)(A). Pub. L. 91-341 substituted ``Connecticut, 

Colorado, Utah, New Mexico, Illinois, and Ohio'' for ``and 

Connecticut''. 

 Pub. L. 91-196, Sec. 1(1), temporarily inserted ``and not including 

potatoes for canning, freezing, or other processing'' after ``vegetables 

(not including vegetables, other than asparagus, for canning or 

freezing''. See Effective Date of 1970 Amendment note below. 

 Subsec. (2)(B). Pub. L. 91-196, Sec. 1(2), temporarily inserted 

``including potatoes for canning, freezing, or other processing,'' after 

``fruits and vegetables for canning or freezing,''. See Effective Date 

of 1970 Amendment note below. 

 Subsec. (5)(B). Pub. L. 91-524, Sec. 201(a), temporarily added cls. 

(d) to (f) and struck out former cl. (d) and concluding provisions. See 

Termination of 1970 Amendment note below. 

 Subsec. (6)(I). Pub. L. 91-522 inserted ``almonds,'' before 

``cherries'' in first proviso, inserted at end of first proviso ``and 

with respect to almonds may provide for crediting the pro rata expense 

assessment obligations of a handler with all or any portion of his 

direct expenditures for such marketing promotion including paid 

advertising as may be authorized by the order'', and amended second 

proviso generally. 

 Pub. L. 91-384 inserted ``papayas,'' after ``applicable to 

cherries,'' in first proviso. 

 Pub. L. 91-363 substituted ``avocados, or apples'' for ``or 

avocados'' in first proviso. 

 Pub. L. 91-292 which directed the insertion of ``production 

research,'' after ``Establishing or providing for the establishment 

of'', was executed by making the insertion after ``establishing or 

providing for the establishment of'' to reflect the probable intent of 

Congress, inserted ``or efficient production'' after ``consumption'', 

and struck out period at end and inserted ``: Provided further, That the 

inclusion in a Federal marketing order of provisions for research shall 

not be deemed to preclude, preempt or supersede research provisions in 

any State program covering the same commodity.'' 

 Subsec. (17). Pub. L. 91-524, Sec. 201(f)(1), as added by Pub. L. 

93-86, temporarily struck out period at end and added second proviso 

related to provisions governing procedures when one-third or more of 

producers apply in writing for a hearing on a proposed amendment of an 

order, prohibiting any construction of subsec. (12) in a way which might 

permit cooperatives to act for their members in applying for hearings, 

and excusing the Secretary from the requirement of having to call a 

hearing on proposed amendments to an order in response to an application 

for such a hearing when the application for such a hearing is received 

by the Secretary within ninety days after the date on which the 

Secretary has announced his decision on a previously proposed amendment 

to such order and the two proposed amendments are essentially the same. 

See Termination of 1970 Amendment note below. 

 Subsec. (18). Pub. L. 91-524, Sec. 201(f)(2), as added by Pub. L. 

93-86, temporarily inserted ``to meet current needs and further to 

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assure a level of farm income adequate to maintain productive capacity 

sufficient to meet anticipated future needs'' after ``pure and wholesome 

milk''. See Termination of 1970 Amendment note below. 

 1965--Subsec. (5)(B). Pub. L. 89-321, Sec. 101, temporarily added 

cl. (d) and concluding provisions and struck out former cl. (d). See 

Termination of 1965 Amendments note below. 

 Subsec. (5)(H). Pub. L. 89-321, Sec. 102(a), temporarily added par. 

(H). See Termination of 1965 Amendments note below. 

 Subsec. (6)(I). Pub. L. 89-330 inserted ``, carrots, citrus fruits, 

onions, Tokay grapes, fresh pears, dates, plums, nectarines, celery, 

sweet corn, limes, olives, pecans, or avocados'' after ``applicable to 

cherries'' in proviso. 

 Subsec. (18). Pub. L. 89-321, Sec. 102(b), temporarily inserted 

``or, in the case of orders applying only to manufacturing milk, the 

production area'' after ``marketing area'' in two places. See 

Termination of 1965 Amendments note below. 

 1962--Subsec. (6)(I). Pub. L. 87-703 struck out period at end and 

inserted ``: Provided, That with respect to orders applicable to 

cherries such projects may provide for any form of marketing promotion 

including paid advertising.'' 

 1961--Subsec. (2). Pub. L. 87-128, Sec. 141(3), designated 

provisions after ``applicable only to'' as par. (A), inserted 

``cherries, apples, or cranberries,'' after ``grapefruit,'' the first 

time appearing, substituted ``Idaho, New York, Michigan, Maryland, New 

Jersey, Indiana, California, Maine, Vermont, New Hampshire, Rhode 

Island, Massachusetts, and Connecticut, and not including fruits for 

canning or freezing other than olives, grapefruit, cherries, 

cranberries, and apples produced in the States named above except 

Washington, Oregon, and Idaho)'' for ``and Idaho, and not including 

fruits, other than olives and grapefruit, for canning or freezing)'', 

struck out ``soybeans,'' before ``hops, honeybees'', and added par. (B). 

 Subsec. (19). Pub. L. 87-128, Sec. 141(4), amended text generally. 

 1954--Subsec. (2). Act Aug. 28, 1954, Sec. 401(b), amended text 

generally. 

 Subsec. (6). Act Aug. 28, 1954, Sec. 401(c), added introductory 

provisions and struck out former introductory provisions and added pars. 

(H) and (I). 

 Subsec. (7)(C). Act Aug. 28, 1954, Sec. 401(d), inserted at end 

``There shall be included in the membership of any agency selected to 

administer a marketing order applicable to grapefruit for canning or 

freezing one or more representatives of processors of the commodity 

specified in such order.'' 

 1949--Subsecs. (2), (6). Act June 29, 1949, inserted ``filberts, 

almonds,'' before ``pecans and walnuts'' in subsec. (2) and in 

introductory provisions of subsec. (6). 

 1948--Subsec. (17). Act July 3, 1948, Sec. 302(c), struck out ``and 

section 608e of this title''. 

 Subsec. (18). Act July 3, 1948, Sec. 302(b), amended text generally. 

 1947--Subsec. (2). Act Aug. 1, 1947, Sec. 4, inserted ``or 

freezing'' after ``canning'' in two places. 

 Subsec. (6). Act Aug. 1, 1947, Sec. 2, amended text generally. 

 1942--Subsec. (6). Act Feb. 10, 1942, substituted ``hops and their 

products,'' for ``hops,'' in introductory provisions and added par. (F). 

 1939--Subsecs. (2), (6). Act May 31, 1939, made technical amendment 

to Act June 3, 1937, Sec. 2, by adding a subsection (m) designation at 

the end thereof and amended this section by inserting ``, other than 

apples produced in the States of Washington, Oregon, and Idaho,'' after 

``apples'' in subsec. (2) and in introductory provisions of subsec. (6). 

 1938--Subsec. (2). Act Apr. 13, 1938, Sec. 1, inserted ``, hops,'' 

after ``soybeans''. 

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 Subsec. (6). Act Apr. 13, 1938, Sec. 2, inserted ``, hops,'' after 

``soybeans and their products'' in introductory provisions. 

 1937--Act June 3, 1937, Sec. 1, affirmed, validated, and reenacted 

provisions of section. See Validity of Section Affirmed note below. 

 Subsec. (2). Act Aug. 5, 1937, amended act June 3, 1937, by adding 

thereto subsec. (k), which in turn directed the insertion of ``and the 

products of honeybees'' after ``except the products of naval stores'', 

which was executed by making the insertion after ``except products of 

naval stores'', to reflect the probable intent of Congress and inserted 

``, honeybees'' after ``soybeans''. 

 Subsec. (5)(B)(d). Act June 3, 1937, Sec. 2(d), substituted 

``marketings of milk'' for ``production of milk''. 

 Subsec. (6). Act Aug. 5, 1937, amended act June 3, 1937, by adding 

subsec. (l), which in turn amended subsec. (6) by inserting 

``honeybees,'' after ``soybeans and their products,'' in introductory 

provisions. 

 Subsec. (6)(B). Act June 3, 1937, Sec. 2(e), struck out ``produced 

or'' before ``sold by such producers'' and substituted ``quantities 

available for sale by'' for ``production or sales of''. 

 Subsecs. (18), (19). Act June 3, 1937, Sec. 2(f), added subsecs. 

(18) and (19). 

 1936--Subsec. (15)(B). Act June 25, 1936, provided that the Supreme 

Court of the District of Columbia should thereafter be known as the 

``district court of the United States for the District of Columbia''. 

See Codification note above. 

 1935--Section added to the Agricultural Adjustment Act by act Aug. 

24, 1935, which also struck out former section 608(3) of this title. 

 Effective Date of 1999 Amendment 

 Pub. L. 106-78, title VII, Sec. 760, Oct. 22, 1999, 113 Stat. 1173, 

provided that the amendment made by section 760 is effective Oct. 1, 

1999. 

 Effective Date of 1990 Amendment 

 Amendments by sections 112 and 113 of Pub. L. 101-624 effective 

beginning with 1991 crop of an agricultural commodity, with provision 

for prior crops, see section 1171 of Pub. L. 101-624, set out as a note 

under section 1421 of this title. 

 Effective Dates of 1985 Amendment 

 Pub. L. 99-198, title I, Sec. 131(b), Dec. 23, 1985, 99 Stat. 1373, 

provided that: ``The amendment made by this section [amending this 

section] shall take effect on the first day of the first month beginning 

more than 120 days after the date of the enactment of this Act [Dec. 23, 

1985].'' 

 Pub. L. 99-198, title I, Sec. 133, Dec. 23, 1985, 99 Stat. 1373, 

provided that the amendment made by that section is effective Jan. 1, 

1986. 

 Pub. L. 99-198, title XVI, Sec. 1661(b), Dec. 23, 1985, 99 Stat. 

1630, provided that: ``The amendment made by subsection (a) [amending 

this section] shall not apply with respect to any violation described in 

section 8c(14) of the Agricultural Adjustment Act [subsec. (14) of this 

section] occurring before the date of the enactment of this Act [Dec. 

23, 1985].'' 

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 Effective and Termination Dates of 1981 Amendment 

 Pub. L. 97-98, title I, Sec. 101(b), Dec. 22, 1981, 95 Stat. 1219, 

as amended by Pub. L. 99-198, title I, Sec. 132, Dec. 23, 1985, 99 Stat. 

1373; Pub. L. 101-624, title I, Sec. 108, Nov. 28, 1990, 104 Stat. 3380; 

Pub. L. 103-66, title I, Sec. 1105(b), Aug. 10, 1993, 107 Stat. 317, 

provided that: ``The provisions of subsection (a) [amending this 

section] shall become effective January 1, 1982, and shall terminate 

December 31, 1996.'' 

 Effective Date of 1978 Amendment 

 Pub. L. 95-279, title IV, Sec. 401(a), May 15, 1978, 92 Stat. 242, 

provided that the amendment made by that section is effective Oct. 1, 

1978. 

 Effective Date of 1970 Amendment 

 Pub. L. 91-196, Sec. 2, Feb. 20, 1970, 84 Stat. 14, provided that: 

``The amendments made by this Act [amending this section] shall be 

effective only during the period beginning with the date of enactment of 

this Act [Feb. 20, 1970] and ending two years after such date.'' The 

limited effective period beginning Feb. 20, 1970, and ending two years 

after such date for the amendments made by Pub. L. 91-196 was removed as 

a result of the enactment of Pub. L. 92-233, Feb. 15, 1972, 86 Stat. 39, 

which made amendments to the section substantively identical to those 

made by Pub. L. 91-196 but without a time limit on such amendments of 

the type which had limited the duration of such earlier Pub. L. 91-196 

amendments. 

 Termination of 1970 Amendment; Savings Provision 

 Pub. L. 91-524, title II, Sec. 201(e), Nov. 30, 1970, 84 Stat. 1361, 

as amended by Pub. L. 93-86, Sec. 1(2)(A), Aug. 10, 1973, 87 Stat. 222; 

Pub. L. 95-113, title II, Sec. 201, Sept. 29, 1977, 91 Stat. 919, 

provided that: ``The provisions of this section [amending this section] 

shall not be effective after December 31, 1981, except with respect to 

orders providing for class I base plans issued prior to such date, but 

in no event shall any order so issued extend or be effective beyond 

December 31, 1984.'' 

Termination of 1965 Amendment; Reversion of Status of Producer Handlers 

 of Milk to Pre-Amendment Status 

 Pub. L. 89-321, title I, Secs. 103, 104, Nov. 3, 1965, 79 Stat. 

1188, as amended by Pub. L. 90-559, Sec. 1(3), Oct. 11, 1968, 82 Stat. 

996, provided that: 

 ``Sec. 103. The provisions of this title [amending this section] 

shall not be effective after December 31, 1970. 

 ``Sec. 104. The legal status of producer handlers of milk under the 

provisions of the Agricultural Adjustment Act, as reenacted and amended 

by the Agricultural Marketing Agreement Act of 1937, as amended, shall 

be the same subsequent to the adoption of the amendments made by this 

title [amending this section] as it was prior thereto.'' 

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 Effective Date of 1948 Amendment 

 Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 

303 of act July 3, 1948, set out as a note under section 1301 of this 

title. 

 Short Title 

 Pub. L. 89-321, Sec. 1, Nov. 3, 1965, 79 Stat. 1187, provided: 

``That this Act [enacting sections 1305, 1306, 1316, 1344b, 1379, 1446a1, and 1838 of this title, amending this section and sections 1301, 

1314b, 1332, 1333, 1334, 1335, 1339, 1339a, 1339c, 1340, 1346, 1348, 

1350, 1353, 1374, 1379b, 1379c, 1379d, 1379e, 1379g, 1379i, 1423, 1427, 

1428, 1444, 1445a, and 1782 of this title and section 590p of Title 16, 

Conservation, repealing sections 1801 to 1816, 1821 to 1824, 1831, and 

1832 to 1837 of this title, enacting provisions set out as notes under 

this section and sections 1282, 1301, 1332, 1334, 1339, 1350, 1359, 

1379b, 1379c, 1379d, 1379i, 1428, 1441, and 1445a of this title and 

section 590p of Title 16, and amending provisions set out as notes under 

sections 1339, 1379c, and 1427 of this title] may be cited as the `Food 

and Agriculture Act of 1965'.'' 

 Minnesota-Wisconsin Price Series Reform 

 Pub. L. 101-624, title I, Sec. 103, Nov. 28, 1990, 104 Stat. 3379, 

required the Secretary of Agriculture to consider alternative pricing 

formula recommendations as they related to the Minnesota-Wisconsin price 

series used to determine the minimum prices paid under milk marketing 

orders, to hold a national hearing on proposed replacements of that 

price series, and to report to Congress on issuance of a final decision 

on the hearing proposals. 

 Hearings on Federal Milk Marketing Orders 

 Pub. L. 101-624, title I, Sec. 104, Nov. 28, 1990, 104 Stat. 3379, 

required the Secretary of Agriculture to conclude national hearings on 

possible changes in the pricing provisions of Federal milk marketing 

orders by Mar. 29, 1990, and to effect any system-wide changes in the 

Federal orders setting minimum prices that milk processors must pay for 

Grade A milk received from producers, by Jan. 1, 1992. 

 Status of Producer Handlers 

 Pub. L. 101-624, title I, Sec. 115, Nov. 28, 1990, 104 Stat. 3381, 

provided that: ``The legal status of producer handlers of milk under the 

Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with 

amendments by the Agricultural Marketing Agreement Act of 1937, shall be 

the same after the amendments made by this title [enacting section 1446e 

of this title and amending this section and sections 450l and 1446a of 

this title, section 713a-14 of Title 15, Commerce and Trade, and 

provisions set out as notes under this section and section 1731 of this 

title] take effect as it was before the effective date of the amendments 

[see Effective Date of 1990 Amendment note set out under section 1421 of 

this title].'' 

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 Multiple Component Pricing Study 

 Pub. L. 101-624, title I, Sec. 116, Nov. 28, 1990, 104 Stat. 3381, 

required the Secretary of Agriculture to initiate a study to determine 

whether, and to what extent, milkfat is being produced in the United 

States in excess of commercial market needs as a result of any provision 

of law, regulation, or order that affects the manner in which producers 

receive payment for milk on the basis of the milk components contained 

in their marketings of milk under any Federal or State milk pricing 

program, to report to Congress on the study not later than 180 days 

after Nov. 28, 1990, and to announce a hearing on multiple component 

pricing provisions in individual Federal milk marketing orders issued 

under this section. 

 Marketwide Service Payments 

 Pub. L. 99-260, Sec. 9, Mar. 20, 1986, 100 Stat. 51, provided that: 

 ``(a) Hearing.--Not later than 90 days after receipt of a proposal 

to amend a milk marketing order in accordance with section 8c(5)(J) of 

the Agricultural Adjustment Act, reenacted with amendments by the 

Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(5)(J)) (as 

added by section 133 of the Food Security Act of 1985), the Secretary of 

Agriculture shall conduct a hearing on the proposal. 

 ``(b) Implementation.--Not later than 120 days after a hearing is 

conducted under subsection (a), the Secretary shall implement, in 

accordance with the Agricultural Adjustment Act [this chapter], a 

marketwide service payment program under section 8c(5)(J) of such Act 

that meets the requirements of such Act.'' 

 Termination of Marketing Orders 

 Pub. L. 99-198, title XVI, Sec. 1662(b), Dec. 23, 1985, 99 Stat. 

1631, provided that: ``The Secretary of Agriculture may not terminate 

any marketing order under section 8c(16) of the of the [so in original] 

Agricultural Adjustment Act (7 U.S.C. 608c(16)), reenacted with 

amendments by the Agricultural Marketing Agreement Act of 1937, if such 

termination becomes effective before January 16, 1986.'' 

 Report to Houses of Congress Regarding Implementation of Provisions 

 Relating to Handling of Commodities 

 Pub. L. 95-279, title IV, Sec. 401(b), May 15, 1978, 92 Stat. 243, 

provided that, within a period of 60 days following the second 

anniversary of the implementation of section 401 of Pub. L. 95-279, the 

Secretary of Agriculture was to submit to Congress a report describing 

how section 401 was implemented. 

 Retention of Status of Producer Handlers of Milk at Pre-1985 Amendment 

 Status 

 Pub. L. 99-198, title I, Sec. 134, Dec. 23, 1985, 99 Stat. 1373, 

provided that: ``The legal status of producer handlers of milk under the 

Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with 

amendments by the Agricultural Marketing Agreement Act of 1937, shall be 

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the same after the amendments made by this title [probably means this 

subtitle, subtitle C (Secs. 131-134) of title I of Pub. L. 99-198, 

amending subsec. (5) of this section and provisions set out as a note 

above] take effect as it was before the effective date of such 

amendments.'' 

 Retention of Status of Producer Handlers of Milk at Pre-1981 Amendment 

 Status 

 Pub. L. 97-98, title I, Sec. 102, Dec. 22, 1981, 95 Stat. 1219, 

provided that: ``The legal status of producer handlers of milk under the 

provisions of the Agricultural Adjustment Act, as reenacted and amended 

by the Agricultural Marketing Agreement Act of 1937 [this chapter] shall 

be the same subsequent to the adoption of the amendment made by the 

Agriculture and Food Act of 1981 [see Tables] as it was prior thereto.'' 

 Retention of Status of Producer Handlers of Milk at Pre-1977 Amendment 

 Status 

 Pub. L. 95-113, title II, Sec. 202, Sept. 29, 1977, 91 Stat. 919, 

provided that: ``The legal status of producer handlers of milk under the 

provisions of the Agricultural Adjustment Act [see Short Title note set 

out under section 601 of this title], as reenacted and amended by the 

Agricultural Marketing Agreement Act of 1937, as amended [act June 3, 

1937, ch. 296, 50 Stat. 246, set out as a note under section 601 of this 

title] shall be the same subsequent to the adoption of the amendment 

made by the Food and Agriculture Act of 1977 [see Short Title of 1977 

Amendment note set out under section 1281 of this title] as it was prior 

thereto.'' 

 Retention of Status of Producer Handlers of Milk at Pre-1973 Amendment 

 Status 

 Pub. L. 91-524, title II, Sec. 206, as added by Pub. L. 93-86, 

Sec. 1(6), Aug. 10, 1973, 87 Stat. 224; amended Pub. L. 93-125, 

Sec. 1(a)(iii), Oct. 18, 1973, 87 Stat. 450, provided that: ``The legal 

status of producer handlers of milk under the provisions of the 

Agricultural Adjustment Act, as reenacted and amended by the 

Agricultural Marketing Agreement Act of 1937, as amended, shall be the 

same subsequent to the adoption of the amendments made by the 

Agriculture and Consumer Protection Act of 1973 [Pub. L. 93-86, amending 

this section and sections 450l, 1446, and 1446a of this title] as it was 

prior thereto.'' 

 Retention of Status of Producer Handlers of Milk at Pre-1970 Amendment 

 Status 

 Pub. L. 91-524, title II, Sec. 201(b), Nov. 30, 1970, 84 Stat. 1361, 

provided that the legal status of producer handlers of milk under the 

Agricultural Adjustment Act shall be the same subsequent to the adoption 

of the amendments made by Pub. L. 91-524 as it was prior thereto. For 

termination of this provision, see Termination of 1970 Amendment note 

above. 

Ratification, Legalization, Confirmation, and Extension of Class I Base 

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 Plan Provisions in Marketing Orders Issued Prior to Nov. 30, 1970 

 Pub. L. 91-524, title II, Sec. 201(c), Nov. 30, 1970, 84 Stat. 1361, 

validated and expressly ratified, legalized, and confirmed class I base 

plan provisions of marketing orders previously issued by the Secretary 

of Agriculture. For termination of this provision, see Termination of 

1970 Amendment note above. 

 Reaffirmation of Subsec. (5)(G) of This Section 

 Pub. L. 91-524, title II, Sec. 201(d), Nov. 30, 1970, 84 Stat. 1361, 

clarified Congressional intent that subsection (5)(G) be fully 

reaffirmed and in no way altered, rescinded, or amended. For termination 

of this provision, see Termination of 1970 Amendment note above. 

 Validity of Section Affirmed 

 Act June 3, 1937, ch. 296, Sec. 1, 50 Stat. 246, affirmed and 

validated, and reenacted without change the provisions of this section, 

except for the amendments to subsections (5)(B)(d) and (6)(B) by section 

2 of the act, and the addition of subsections (18) and (19) by said 

section 2. See Validity of Certain Sections Affirmed note set out under 

section 601 of this title. 

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