dreamproit/uscode huggingface dataset:
7 U.S.C. § 2715 (AGRICULTURE)
§ 2715. Certification of organizations; required contents of report as criteria
The eligibility of any organization to represent commercial egg producers of any egg producing area of the United States to request the issuance of an order under section 2704 of this title, and to participate in the making of nominations under section 2707(b) of this title shall be certified by the Secretary. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following:
(a) Geographic territory covered by the organization’s active membership.
(b) Nature and size of the organization’s active membership, proportion of total of such active membership accounted for by producers of commercial eggs, a chart showing the egg production by State in which the organization has members, and the volume of commercial eggs produced by the organization’s active membership in each such State,
(c) The extent to which the commercial egg producer membership of such organization is represented in setting the organization’s policies,
(d) Evidence of stability and permanency of the organization,
(e) Sources from which the organization’s operating funds are derived,
(f) Functions of the organization, and
(g) The organization’s ability and willingness to further the aims and objectives of this chapter: Provided, however, That the primary consideration in determining the eligibility of an organization shall be whether its commercial egg producer membership consists of a substantial number of egg producers who produce a substantial volume of commercial eggs. The Secretary shall certify any organization which he finds to be eligible under this section and his determination as to eligibility shall be final. Where more than one organization is certified in any geographic area, such organizations may caucus to determine the area’s nominations under section 2707(b) of this title.
(Pub. L. 93–428, § 16, Oct. 1, 1974, 88 Stat. 1178.)
7 U.S.C. § 2717 (AGRICULTURE)
§ 2717. Investigations by Secretary; oaths and affirmations; subpenas; judicial enforcement; contempt proceedings; service of process
The Secretary may make such investigations as he deems necessary for the effective carrying out of his responsibilities under this chapter or to determine whether an egg producer, processor, or other seller of commercial eggs or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this chapter, or of any order, or rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, including an egg producer, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found.
(Pub. L. 93–428, § 18, Oct. 1, 1974, 88 Stat. 1178.)
7 U.S.C. § 2718 (AGRICULTURE)
§ 2718. Authorization of appropriations
There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated such funds as are necessary to carry out the provisions of this chapter. The funds so appropriated shall not be available for payment of the expenses or expenditures of the Egg Board in administering any provisions of any order issued pursuant to the terms of this chapter.
(Pub. L. 93–428, § 20, Oct. 1, 1974, 88 Stat. 1179.)
7 U.S.C. § 2801 to 2813 (AGRICULTURE)
§§ 2801 to 2813. Repealed. Pub. L. 106–224, title IV, § 438(a)(4), June 20, 2000, 114 Stat. 454
text: Section 2801, Pub. L. 93–629, § 2, Jan. 3, 1975, 88 Stat. 2148, set forth congressional findings regarding importation or distribution in interstate commerce of noxious weeds.
text: Section 2802, Pub. L. 93–629, § 3, Jan. 3, 1975, 88 Stat. 2148; Pub. L. 105–86, title VII, § 728, Nov. 18, 1997, 111 Stat. 2108, defined terms as used in this chapter.
text: Section 2803, Pub. L. 93–629, § 4, Jan. 3, 1975, 88 Stat. 2149; Pub. L. 100–449, title III, § 301(f)(4), Sept. 28, 1988, 102 Stat. 1869; Pub. L. 103–465, title IV, § 431(f), Dec. 8, 1994, 108 Stat. 4968, prohibited movement of noxious weeds into or through the United States or interstate, unless in accordance with regulations to prevent dissemination.
text: Section 2804, Pub. L. 93–629, § 5, Jan. 3, 1975, 88 Stat. 2149, authorized promulgation of quarantines and other regulations requiring inspection of articles and means of conveyance.
text: Section 2805, Pub. L. 93–629, § 6, Jan. 3, 1975, 88 Stat. 2149, authorized Secretary of Agriculture to seize, quarantine, treat, destroy, or otherwise dispose of infested articles or means of conveyance.
text: Section 2806, Pub. L. 93–629, § 7, Jan. 3, 1975, 88 Stat. 2150, authorized warrantless inspections of articles and means of conveyance and searches of premises pursuant to warrants.
text: Section 2807, Pub. L. 93–629, § 8, Jan. 3, 1975, 88 Stat. 2151, set forth penalties for violations of sections 2803, 2804, and regulations promulgated under this chapter.
text: Section 2808, Pub. L. 93–629, § 9, Jan. 3, 1975, 88 Stat. 2151, related to cooperation with Federal, State, and local agencies and appointment of employees thereof as collaborators to assist in administration of provisions of this chapter.
text: Section 2809, Pub. L. 93–629, § 10, Jan. 3, 1975, 88 Stat. 2151, authorized promulgation of regulations necessary to effectuate provisions of this chapter.
text: Section 2810, Pub. L. 93–629, § 11, Jan. 3, 1975, 88 Stat. 2151, authorized appropriations and described availability of sums and limitations on their use.
text: Section 2811, Pub. L. 93–629, § 12, Jan. 3, 1975, 88 Stat. 2152, related to inapplicability of provisions of this chapter to shipments of seed subject to certain other laws.
text: Section 2812, Pub. L. 93–629, § 13, Jan. 3, 1975, 88 Stat. 2152, provided that provisions of this chapter would not invalidate provisions of State and local laws, except as such laws would permit prohibited actions.
text: Section 2813, Pub. L. 93–629, § 14, Jan. 3, 1975, 88 Stat. 2152, related to separability of provisions.
heading: Short Title
text: Pub. L. 93–629, § 1, Jan. 3, 1975, 88 Stat. 2148, provided: “That this Act [enacting this chapter] may be cited as the ‘Federal Noxious Weed Act of 1974’.”
7 U.S.C. § 2902 (AGRICULTURE)
§ 2902. Definitions
For purposes of this chapter—
(1) the term “beef” means flesh of cattle;
(2) the term “beef products” means edible products produced in whole or in part from beef, exclusive of milk and products made therefrom;
(3) the term “Board” means the Cattlemen’s Beef Promotion and Research Board established under section 2904(1) of this title;
(4) the term “cattle” means live domesticated bovine animals regardless of age;
(5) the term “Committee” means the Beef Promotion Operating Committee established under section 2904(5) of this title;
(6) the term “consumer information” means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparing, and use of beef and beef products;
(7) the term “Department” means the Department of Agriculture.1
(8) the term “importer” means any person who imports cattle, beef, or beef products from outside the United States;
(9) the term “industry information” means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency, and activities to enhance the image of the cattle industry;
(10) The 2 term “order” means a beef promotion and research order issued under section 2903 of this title.1
(11) the term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity;
(12) the term “producer” means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the person’s only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee;
(13) the term “promotion” means any action, including paid advertising, to advance the image and desirability of beef and beef products with the express intent of improving the competitive position and stimulating sales of beef and beef products in the marketplace;
(14) the term “qualified State beef council” means a beef promotion entity that is authorized by State statute or is organized and operating within a State, that receives voluntary contributions and conducts beef promotion, research, and consumer information programs, and that is recognized by the Board as the beef promotion entity within such State;
(15) the term “research” means studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef products, other related food science research, and new product development;
(16) the term “Secretary” means the Secretary of Agriculture;
(17) The 2 term “State” means each of the 50 States; and
(18) the term “United States” means the several States and the District of Columbia.
(Pub. L. 94–294, § 3, May 28, 1976, 90 Stat. 530; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1598.)
heading: Amendments
text: 1985—Pub. L. 99–198 amended section generally.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
7 U.S.C. § 2903 (AGRICULTURE)
§ 2903. Issuance of orders
(a) During the period beginning on January 1, 1986, and ending thirty days after receipt of a proposal for a beef promotion and research order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment on such proposed order. Such proposal may be submitted by any organization meeting the requirements for certification under section 2905 of this title or any interested person, including the Secretary.
(b) After notice and opportunity for public comment are given, as provided for in subsection (a) of this section, the Secretary shall issue a beef promotion and research order. The order shall become effective not later than one hundred and twenty days following publication of the proposed order.
(Pub. L. 94–294, § 4, May 28, 1976, 90 Stat. 530; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1599.)
heading: Amendments
text: 1985—Pub. L. 99–198 amended section generally, substituting provisions relating to issuance of orders for provisions relating to orders of Secretary to producers and slaughterers.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
7 U.S.C. § 2905 (AGRICULTURE)
§ 2905. Certification of organizations to nominate
(a) Eligibility of State organization certified by Secretary; eligibility criteria
The eligibility of any State organization to represent producers and to participate in the making of nominations under section 2904(1) of this title shall be certified by the Secretary. The Secretary shall certify any State organization that the Secretary determines meets the eligibility criteria established under subsection (b) of this section and such determination as to eligibility shall be final.
(b) State cattle association or State general farm organization
A State cattle association or State general farm organization may be certified as described in subsection (a) of this section if such association or organization meets all of the following eligibility criteria:
(1) The association or organization’s total paid membership is comprised of at least a majority of cattle producers or the association or organization’s total paid membership represents at least a majority of the cattle producers in the State.
(2) The association or organization represents a substantial number of producers that produce a substantial number of cattle in the State.
(3) The association or organization has a history of stability and permanency.
(4) A primary or overriding purpose of the association or organization is to promote the economic welfare of cattle producers.
(c) Factual report basis for certification of State cattle association and State general farm association
Certification of State cattle associations and State general farm organizations shall be based on a factual report submitted by the association or organization involved.
(d) Certification of more than one State organization; caucus
If more than one State organization is certified in a State (or in a unit referred to in section 2904(1) of this title), such organizations may caucus to determine any of such State’s (or such unit’s) nominations under section 2904(1) of this title.
(Pub. L. 94–294, § 6, May 28, 1976, 90 Stat. 531; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1603.)
heading: Amendments
text: 1985—Pub. L. 99–198 amended section generally, substituting provisions relating to certification of organizations to nominate for provisions relating to findings and issuance of orders.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
7 U.S.C. § 2908 (AGRICULTURE)
§ 2908. Enforcement
(a) Restraining order; civil penalty
If the Secretary believes that the administration and enforcement of this chapter or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may—
(1) issue an order to restrain or prevent a person from violating an order; and
(2) assess a civil penalty of not more than $5,000 for violation of such order.
(b) Jurisdiction of district court
The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation made or issued under this chapter.
(c) Civil action to be referred to Attorney General
A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action.
(Pub. L. 94–294, § 9, May 28, 1976, 90 Stat. 534; Pub. L. 95–334, title III, § 302, Aug. 4, 1978, 92 Stat. 433; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1605.)
heading: Amendments
text: 1985—Pub. L. 99–198 amended section generally, substituting provisions relating to enforcement for provisions relating to referendum and cattle producer approval of orders, reimbursement of expenses by Secretary, procedural requirements, and bonding requirements.
1978—Pub. L. 95–334 substituted “a majority” for “not less than two-thirds”.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
7 U.S.C. § 2909 (AGRICULTURE)
§ 2909. Investigations by Secretary; oaths and affirmations; subpenas; judicial enforcement; contempt proceedings; service of process
The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this chapter or to determine whether any person subject to this chapter has engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, the order, or any rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.
(Pub. L. 94–294, § 10, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.)
heading: Amendments
text: 1985—Pub. L. 99–198 amended section generally, substituting provisions relating to investigations, power to subpoena and take oaths and affirmations, and aid of courts, for provisions relating to termination or suspension of orders.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
7 U.S.C. § 2910 (AGRICULTURE)
§ 2910. Preemption of other Federal and State programs; applicability of provisions to amendments to orders
(a) Nothing in this chapter may be construed to preempt or supersede any other program relating to beef promotion organized and operated under the laws of the United States or any State.
(b) The provisions of this chapter applicable to the order shall be applicable to amendments to the order.
(Pub. L. 94–294, § 11, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.)
heading: Amendments
text: 1985—Pub. L. 99–198 amended section generally, substituting administrative provisions for provisions relating to applicability of provisions to amendments to orders.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
7 U.S.C. § 2911 (AGRICULTURE)
§ 2911. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this chapter. Sums appropriated to carry out this chapter shall not be available for payment of the expenses or expenditures of the Board or the Committee in administering any provisions of the order issued under section 2903(b) of this title.
(Pub. L. 94–294, § 12, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.)
heading: Amendments
text: 1985—Pub. L. 99–198 amended section generally, substituting provisions relating to authorization of appropriations for provisions relating to refund of assessment from Beef Board.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
7 U.S.C. § 2912 to 2918 (AGRICULTURE)
§§ 2912 to 2918. Omitted
heading: Codification
text: Sections 2912 to 2918 of this title were omitted in the general revision of this chapter by Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1597.
Section 2912, Pub. L. 94–294, § 13, May 28, 1976, 90 Stat. 535, related to administrative review of orders, petition for such review, a hearing, and judicial review.
Section 2913, Pub. L. 94–294, § 14, May 28, 1976, 90 Stat. 536, related to enforcement of orders, referral of civil actions to Attorney General, penalties for willful violations, and availability of additional remedies. See section 2908 of this title.
Section 2914, Pub. L. 94–294, § 15, May 28, 1976, 90 Stat. 536, related to certification of organizations and contents of a factual report as criteria. See section 2905 of this title.
Section 2915, Pub. L. 94–294, § 16, May 28, 1976, 90 Stat. 537, provided that nothing in this chapter be construed to interfere with workings of any State beef board, council, or other promotion entity. See section 2910(a) of this title.
Section 2916, Pub. L. 94–294, § 17, May 28, 1976, 90 Stat. 537, authorized Secretary to promulgate regulations to carry out this chapter.
Section 2917, Pub. L. 94–294, § 18, May 28, 1976, 90 Stat. 537, related to investigations by Secretary, oaths and affirmations, subpenas, judicial enforcement, contempt proceedings, and service of process. See section 2909 of this title.
Section 2918, Pub. L. 94–294, § 20, May 28, 1976, 90 Stat. 538, authorized appropriations to carry out this chapter. See section 2911 of this title.
7 U.S.C. § 3001 (AGRICULTURE)
§ 3001. Congressional statement of purpose
It is the purpose of this chapter to promote, through appropriate means and on an economically sustainable basis, the development and expansion of direct marketing of agricultural commodities from farmers to consumers. To accomplish this objective, the Secretary of Agriculture (hereinafter referred to as the “Secretary”) shall initiate and coordinate a program designed to facilitate direct marketing from farmers to consumers for the mutual benefit of consumers and farmers.
(Pub. L. 94–463, § 2, Oct. 8, 1976, 90 Stat. 1982.)
heading: Short Title
text: Pub. L. 94–463, § 1, Oct. 8, 1976, 90 Stat. 1982, provided: “That this Act [enacting this chapter and provisions set out as a note under section 5145 of Title 42, The Public Health and Welfare] may be cited as the ‘Farmer-to-Consumer Direct Marketing Act of 1976’.”
7 U.S.C. § 3002 (AGRICULTURE)
§ 3002. Definitions
For purposes of this chapter, the term “direct marketing from farmers to consumers” shall mean the marketing of agricultural commodities at any marketplace (including, but not limited to, roadside stands, city markets, and vehicles used for house-to-house marketing of agricultural commodities) established and maintained for the purpose of enabling farmers to sell (either individually or through a farmers’ organization directly representing the farmers who produced the commodities being sold) their agricultural commodities directly to individual consumers, or organizations representing consumers, in a manner calculated to lower the cost and increase the quality of food to such consumers while providing increased financial returns to the farmers.
(Pub. L. 94–463, § 3, Oct. 8, 1976, 90 Stat. 1982.)