dreamproit/uscode huggingface dataset:
7 U.S.C. § 2108 (AGRICULTURE)
§ 2108. Suspension and termination of orders
(a) Discretionary suspension or termination by Secretary
The Secretary shall, whenever he finds that any order issued under this chapter, 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.
(b) Suspension or termination resulting from referendum with cotton producers and importers
The Secretary may conduct a referendum at any time, and shall hold a referendum on request of a number of producers and importers (if subject to the order) equivalent to at least 10 percent of those persons voting in the most recent referendum, to determine whether cotton producers and importers subject to the order favor the termination or suspension of the order, except that in counting such requests for a referendum, not more than 20 percent of such requests may be from producers from any one State or importers of cotton (if subject to the order). The Secretary shall suspend or terminate the order at the end of the marketing year, as defined in the order, whenever the Secretary determines suspension or termination of the order is approved by a majority of producers and importers (subject to the order) voting in the referendum who, during a representative period determined by the Secretary, have been engaged in the production and importation of cotton and who produced and imported more than 50 percent of the volume of cotton produced and imported by those voting in the referendum.
(c) Suspension or termination of any order not deemed order within meaning of this chapter
The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this chapter.
(Pub. L. 89–502, § 9, July 13, 1966, 80 Stat. 283; Pub. L. 101–624, title XIX, § 1994, Nov. 28, 1990, 104 Stat. 3912.)
heading: Amendments
text: 1990—Subsec. (b). Pub. L. 101–624 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Secretary may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of cotton producers voting in the referendum approving the order, to determine whether cotton producers favor the termination or suspension of the order, and he shall suspend or terminate such order at the end of the marketing year, as defined in the order, whenever he determines that suspension or termination of the order is approved or favored by a majority of the producers of cotton voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production of cotton, and who produced more than 50 per centum of the volume of the cotton produced by the cotton producers voting in the referendum.”
7 U.S.C. § 2109 (AGRICULTURE)
§ 2109. Provisions applicable to amendments
(a) Provisions applicable to amendments to orders
Except as provided in subsection (b) of this section, the provisions of this chapter applicable to orders shall be applicable to amendments to orders.
(b) Approval of amendments by cotton producers and importers
No amendment to an order issued under this chapter shall be effective unless the Secretary determines that—
(1) with respect to an amendment referred to in subsection (b) or (c) of section 2107 of this title, the amendment is approved by producers and importers of cotton as provided in such section; or
(2) with respect to any other amendment, that the amendment is approved by a majority of cotton producers and importers subject to the order voting in the referendum.
(c) Disapproval of any amendment to order not deemed to invalidate such order
The disapproval of any amendment to an order issued under this chapter shall not be deemed to invalidate such order.
(Pub. L. 89–502, § 10, July 13, 1966, 80 Stat. 283; Pub. L. 101–624, title XIX, § 1995, Nov. 28, 1990, 104 Stat. 3912; Pub. L. 102–237, title VIII, § 808(a)(3), Dec. 13, 1991, 105 Stat. 1883.)
heading: Amendments
text: 1991—Subsec. (b)(1). Pub. L. 102–237 substituted “subsection (b) or (c) of section 2107” for “section 2107(b) or 2107(c)”.
1990—Pub. L. 101–624 amended section generally. Prior to amendment, section read as follows: “The provisions of this chapter applicable to orders shall be applicable to amendments to orders.”
7 U.S.C. § 2110 (AGRICULTURE)
§ 2110. Refund of producer assessments
(a) Notwithstanding any other section of this chapter and except as provided in subsection (b) of this section, any cotton producer against whose cotton any assessment is made and collected from him under the authority of this chapter and who is not in favor of supporting the research and promotion program as provided for herein shall have the right to demand and receive from the Cotton Board a refund of such assessment: Provided, That such demand shall be made personally by such producer in accordance with regulations and on a form and within a time period prescribed by the Board and approved by the Secretary, but in no event less than ninety days, and upon submission of proof satisfactory to the Board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand therefor.
(b) The right of a producer to demand a refund under subsection (a) of this section shall terminate if the proposed amendment of the order implementing the Cotton Research and Promotion Amendments Act of 1990 is approved in the referendum provided for under section 2107 of this title. Such right shall terminate 30 days after the date the Secretary announces the results of such referendum if such proposed amendment is approved. Such right shall be reinstated if the amendment should be disapproved in any subsequent referendum.
(Pub. L. 89–502, § 11, July 13, 1966, 80 Stat. 283; Pub. L. 101–624, title XIX, § 1996, Nov. 28, 1990, 104 Stat. 3912; Pub. L. 102–237, title VIII, § 808(a)(4), Dec. 13, 1991, 105 Stat. 1883.)
heading: References in Text
text: The Cotton Research and Promotion Amendments Act of 1990, referred to in subsec. (b), probably means the Cotton Research and Promotion Act Amendments of 1990, subtitle G [§§ 1990–1998] of title XIX of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3909, which amended sections 2101, 2106 to 2110, and 2116 of this title and enacted provisions set out as notes under section 2101 of this title. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 2101 of this title and Tables.
heading: Amendments
text: 1991—Subsec. (a). Pub. L. 102–237 inserted “of this chapter” after “any other section” and struck out “of this chapter,” before “any cotton producer”.
1990—Pub. L. 101–624 designated existing provisions as subsec. (a), substituted “Notwithstanding any other section and except as provided in subsection (b) of this section,” for “Notwithstanding any other provision”, and added subsec. (b).
7 U.S.C. § 2111 (AGRICULTURE)
§ 2111. Administrative review of orders; petition; hearing; judicial review
(a) Any person subject to any order may file a written petition with the Secretary, stating that any such order or any provision of 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. 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 person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint 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 complaint. If the court determines that such ruling is not in accordance with law, it shall remand such 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 subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 2112(a) of this title.
(Pub. L. 89–502, § 12, July 13, 1966, 80 Stat. 284.)
7 U.S.C. § 2112 (AGRICULTURE)
§ 2112. Enforcement of orders; penalty for willful violation
(a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any order or regulation made or issued pursuant to this chapter.
(b) Any handler who willfully violates any provision of any order issued by the Secretary under this chapter, or who willfully fails or refuses to collect or remit any assessment or fee duly required of him thereunder, shall be liable to a penalty of not more than $1,000 for each such offense which shall accrue to the United States and may be recovered in a civil suit brought by the United States.
(Pub. L. 89–502, § 13, July 13, 1966, 80 Stat. 284.)
7 U.S.C. § 2113 (AGRICULTURE)
§ 2113. Certification of cotton producer organizations
The eligibility of each cotton producer organization to represent cotton producers of a cotton producing State to request the issuance of an order under section 2103 of this title, and to participate in the making of nominations under section 2106(b) of this title shall be certified by the Secretary and 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 the following:
(a) Geographic territory within the State covered by the organization’s active membership;
(b) Nature and size of the organization’s active membership in the State, proportion of total of such active membership accounted for by farmers, a map showing the cotton-producing counties in such State in which the organization has members, the volume of cotton produced in each such county, the number of cotton producers in each such county, and the size of the organization’s active cotton producer membership in each such county;
(c) The extent to which the cotton 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 cotton farmer membership consists of a sufficiently large number of the cotton producers who produce a relatively significant volume of cotton to reasonably warrant its participation in the nomination of members for the Cotton Board. The Secretary shall certify any cotton producer organization which he finds to be eligible under this section, and his determination as to eligibility shall be final.
(Pub. L. 89–502, § 14, July 13, 1966, 80 Stat. 284.)
7 U.S.C. § 2115 (AGRICULTURE)
§ 2115. Investigations by Secretary; subpenas; oaths and affirmations; judicial aid
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 a handler 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 provision of this chapter or of any order, or rule or regulation issued under this chapter. For the purpose of any 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 issued to, any person, including a handler, 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. 89–502, § 16, July 13, 1966, 80 Stat. 285; Pub. L. 91–452, title II, § 206(a), Oct. 15, 1970, 84 Stat. 929.)
heading: Amendments
text: 1970—Pub. L. 91–452 struck out designation “(a)” preceding first sentence and struck out subsec. (b) which related to immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.
7 U.S.C. § 2117 (AGRICULTURE)
§ 2117. Separability
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
(Pub. L. 89–502, § 18, July 13, 1966, 80 Stat. 286.)
7 U.S.C. § 2118 (AGRICULTURE)
§ 2118. 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 the payment of the expenses or expenditures of the Cotton Board in administering any provisions of any order issued pursuant to the terms of this chapter.
(Pub. L. 89–502, § 19, July 13, 1966, 80 Stat. 287.)
7 U.S.C. § 2119 (AGRICULTURE)
§ 2119. Repealed. Pub. L. 94–366, § 1, July 14, 1976, 90 Stat. 991
text: Section, Pub. L. 91–524, title VI, § 610, Nov. 30, 1970, 84 Stat. 1378; Pub. L. 93–86, § 1(23), Aug. 10, 1973, 87 Stat. 235, related to cotton development programs of the Commodity Credit Corporation, and funding for such programs.
heading: Effective Date of Repeal
text: Pub. L. 94–366, § 1, July 14, 1976, 90 Stat. 991, provided that this section is repealed effective Oct. 1, 1977.
7 U.S.C. § 2133 (AGRICULTURE)
§ 2133. Licensing of dealers and exhibitors
The Secretary shall issue licenses to dealers and exhibitors upon application therefor in such form and manner as he may prescribe and upon payment of such fee established pursuant to 2153 of this title: Provided, That no such license shall be issued until the dealer or exhibitor shall have demonstrated that his facilities comply with the standards promulgated by the Secretary pursuant to section 2143 of this title: Provided, however, That any retail pet store or other person who derives less than a substantial portion of his income (as determined by the Secretary) from the breeding and raising of dogs or cats on his own premises and sells any such dog or cat to a dealer or research facility shall not be required to obtain a license as a dealer or exhibitor under this chapter. The Secretary is further authorized to license, as dealers or exhibitors, persons who do not qualify as dealers or exhibitors within the meaning of this chapter upon such persons’ complying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this chapter and the regulations promulgated by the Secretary hereunder.
(Pub. L. 89–544, § 3, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 4, Dec. 24, 1970, 84 Stat. 1561.)
heading: Amendments
text: 1970—Pub. L. 91–579 inserted references to exhibitors and retail pet stores.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2134 (AGRICULTURE)
§ 2134. Valid license for dealers and exhibitors required
No dealer or exhibitor shall sell or offer to sell or transport or offer for transportation, in commerce, to any research facility or for exhibition or for use as a pet any animal, or buy, sell, offer to buy or sell, transport or offer for transportation, in commerce, to or from another dealer or exhibitor under this chapter any animals, unless and until such dealer or exhibitor shall have obtained a license from the Secretary and such license shall not have been suspended or revoked.
(Pub. L. 89–544, § 4, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 5, Dec. 24, 1970, 84 Stat. 1561; Pub. L. 94–279, § 5, Apr. 22, 1976, 90 Stat. 418.)
heading: Amendments
text: 1976—Pub. L. 94–279 substituted “in commerce” for “affecting commerce” in two places.
1970—Pub. L. 91–579 inserted references to exhibitors, offers to sell, and offers to transport, and substituted references to animals for references to dogs and cats.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2135 (AGRICULTURE)
§ 2135. Time period for disposal of dogs or cats by dealers or exhibitors
No dealer or exhibitor shall sell or otherwise dispose of any dog or cat within a period of five business days after the acquisition of such animal or within such other period as may be specified by the Secretary: Provided, That operators of auction sales subject to section 2142 of this title shall not be required to comply with the provisions of this section.
(Pub. L. 89–544, § 5, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 6, Dec. 24, 1970, 84 Stat. 1561.)
heading: Amendments
text: 1970—Pub. L. 91–579 inserted references to exhibitors and inserted proviso that operators of auction sales subject to section 2142 of this title shall not be required to comply with the provisions of this section.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2136 (AGRICULTURE)
§ 2136. Registration of research facilities, handlers, carriers and unlicensed exhibitors
Every research facility, every intermediate handler, every carrier, and every exhibitor not licensed under section 2133 of this title shall register with the Secretary in accordance with such rules and regulations as he may prescribe.
(Pub. L. 89–544, § 6, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 7, Dec. 24, 1970, 84 Stat. 1561; Pub. L. 94–279, § 6, Apr. 22, 1976, 90 Stat. 418.)
heading: Amendments
text: 1976—Pub. L. 94–279 inserted “, every intermediate handler, every carrier,” after “research facility”.
1970—Pub. L. 91–579 inserted reference to exhibitors not licensed under section 2133 of this title.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2137 (AGRICULTURE)
§ 2137. Purchase of dogs or cats by research facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors
It shall be unlawful for any research facility to purchase any dog or cat from any person except an operator of an auction sale subject to section 2142 of this title or a person holding a valid license as a dealer or exhibitor issued by the Secretary pursuant to this chapter unless such person is exempted from obtaining such license under section 2133 of this title.
(Pub. L. 89–544, § 7, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 8, Dec. 24, 1970, 84 Stat. 1561.)
heading: Amendments
text: 1970—Pub. L. 91–579 added licensed exhibitors and operators of auction sales subject to section 2142 of this title to the enumeration of persons from whom research facilities may purchase dogs or cats.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2138 (AGRICULTURE)
§ 2138. Purchase of dogs or cats by United States Government facilities prohibited except from authorized operators of auction sales and licensed dealers or exhibitors
No department, agency, or instrumentality of the United States which uses animals for research or experimentation or exhibition shall purchase or otherwise acquire any dog or cat for such purposes from any person except an operator of an auction sale subject to section 2142 of this title or a person holding a valid license as a dealer or exhibitor issued by the Secretary pursuant to this chapter unless such person is exempted from obtaining such license under section 2133 of this title.
(Pub. L. 89–544, § 8, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 9, Dec. 24, 1970, 84 Stat. 1562.)
heading: Amendments
text: 1970—Pub. L. 91–579 inserted reference to instrumentalities of the United States which use animals for exhibition and added operators of auction sales subject to section 2142 of this title and licensed exhibitors to the enumeration of persons from whom United States Government facilities may acquire dogs or cats.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.
7 U.S.C. § 2139 (AGRICULTURE)
§ 2139. Principal-agent relationship established
When construing or enforcing the provisions of this chapter, the act, omission, or failure of any person acting for or employed by a research facility, a dealer, or an exhibitor or a person licensed as a dealer or an exhibitor pursuant to the second sentence of section 2133 of this title, or an operator of an auction sale subject to section 2142 of this title, or an intermediate handler, or a carrier, within the scope of his employment or office, shall be deemed the act, omission, or failure of such research facility, dealer, exhibitor, licensee, operator of an auction sale, intermediate handler, or carrier, as well as of such person.
(Pub. L. 89–544, § 9, Aug. 24, 1966, 80 Stat. 351; Pub. L. 91–579, § 10, Dec. 24, 1970, 84 Stat. 1562; Pub. L. 94–279, § 7, Apr. 22, 1976, 90 Stat. 418.)
heading: Amendments
text: 1976—Pub. L. 94–279 inserted “or an intermediate handler, or a carrier,” after “section 2142 of this title,” and substituted “operator of an auction sale, intermediate handler, or carrier, as well as of such person.” for “or an operator of an auction sale as well as of such person.” after “research facility, dealer, exhibitor, licensee,”.
1970—Pub. L. 91–579 inserted references to persons acting for or employed by exhibitors, persons licensed as exhibitors, and operators of auction sales subject to section 2142 of this title.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title.