dreamproit/uscode huggingface dataset:
7 U.S.C. § 1627 (AGRICULTURE)
§ 1627. Appointment of personnel; compensation; employment of specialists
The Secretary of Agriculture shall have the power to appoint, remove, and fix, in accordance with existing law, the compensation of such officers and employees, and to make such expenditures as he deems necessary, including expenditures for rent outside the District of Columbia, travel, supplies, books, equipment, and such other expenditures as may be necessary to the administration of this chapter: Provided, That the Secretary of Agriculture may appoint any technically qualified person, firm, or organization by contract or otherwise on a temporary basis and for a term not to exceed six months in any fiscal year to perform research, inspection, classification, technical, or other special services, without regard to the civil-service laws.
(Aug. 14, 1946, ch. 966, title II, § 208, 60 Stat. 1091.)
heading: Codification
text: Provisions that authorized the Secretary of Agriculture to “fix the compensation” of any technically qualified person, firm, or organization by contract or otherwise on a temporary basis and for a term not to exceed six months in any fiscal year to perform research, inspection, classification, technical or other special services, without regard to the “Classification Act of 1923, as amended” were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973 repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exceptions contained in this subsection because of section 1106(b) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632 (of which section 1 revised and enacted Title 5, U.S.C., into law). Section 5102 of Title 5, now contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.
7 U.S.C. § 1628 (AGRICULTURE)
§ 1628. Repealed. Pub. L. 93–86, § 2, Aug. 10, 1973, 87 Stat. 246
text: Section, acts Aug. 14, 1946, ch. 966, title III, § 301, 60 Stat. 1091; Dec. 29, 1967, Pub. L. 90–233, 81 Stat. 752, provided for establishment and staffing of a national advisory committee to aid in implementing the research and service work authorized under the act of Aug. 14, 1946, and set forth functions of such committee.
7 U.S.C. § 1629 (AGRICULTURE)
§ 1629. Establishment of committees to assist in research and service programs
In the furtherance of the research and service work authorized by this Act, the Secretary of Agriculture may, in addition to the national advisory committee, establish appropriate committees, including representatives of producers, industry, government and science, to assist in effectuating specific research and service programs.
(Aug. 14, 1946, ch. 966, title III, § 302, 60 Stat. 1091.)
heading: References in Text
text: This Act, referred to in text, is act Aug. 14, 1946, ch. 966, 60 Stat. 1082, which enacted this chapter and sections 427h to 427j of this title and amended section 427 of this title. For complete classification of this Act to the Code, see Tables.
The national advisory committee, referred to in text, was established by section 1628 of this title, which was subsequently repealed by Pub. L. 93–86, § 2, Aug. 10, 1973, 87 Stat. 246.
heading: Codification
text: Section was not enacted as part of the Agricultural Marketing Act of 1946 which comprises this chapter.
7 U.S.C. § 1630 (AGRICULTURE)
§ 1630. Omitted
heading: Codification
text: Section, act June 4, 1956, ch. 355, title V, § 508, 70 Stat. 241, which provided for availability of appropriations for committee expenses in effectuating research and service work, was from the Department of Agriculture and Farm Credit Administration Appropriation Act, 1957, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:
May 23, 1955, ch. 43, title V, § 509, 69 Stat. 64.
June 29, 1954, ch. 409, title V, § 509, 68 Stat. 319.
7 U.S.C. § 1632 (AGRICULTURE)
§ 1632. Repealed. Pub. L. 107–171, title VII, § 7303, May 13, 2002, 116 Stat. 455
text: Section, Pub. L. 99–198, title XIV, § 1436, Dec. 23, 1985, 99 Stat. 1558, related to market expansion research.
7 U.S.C. § 1635a (AGRICULTURE)
§ 1635a. Definitions
In this subchapter:
(1) Base price
The term “base price” means the price paid for livestock, delivered at the packing plant, before application of any premiums or discounts, expressed in dollars per hundred pounds of carcass weight.
(2) Basis level
The term “basis level” means the agreed-on adjustment to a future price to establish the final price paid for livestock.
(3) Current slaughter week
The term “current slaughter week” means the period beginning Monday, and ending Sunday, of the week in which a reporting day occurs.
(4) F.O.B.
The term “F.O.B.” means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer.
(5) Livestock
The term “livestock” means cattle, swine, and lambs.
(6) Lot
The term “lot” means a group of one or more livestock that is identified for the purpose of a single transaction between a buyer and a seller.
(7) Marketing
The term “marketing” means the sale or other disposition of livestock, livestock products, or meat or meat food products in commerce.
(8) Negotiated purchase
The term “negotiated purchase” means a cash or spot market purchase by a packer of livestock from a producer under which—
(A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and
(B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer.
(9) Negotiated sale
The term “negotiated sale” means a cash or spot market sale by a producer of livestock to a packer under which—
(A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and
(B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer.
(10) Prior slaughter week
The term “prior slaughter week” means the Monday through Sunday prior to a reporting day.
(11) Producer
The term “producer” means any person engaged in the business of selling livestock to a packer for slaughter (including the sale of livestock from a packer to another packer).
(12) Reporting day
The term “reporting day” means a day on which—
(A) a packer conducts business regarding livestock committed to the packer, or livestock purchased, sold, or slaughtered by the packer;
(B) the Secretary is required to make information concerning the business described in subparagraph (A) available to the public; and
(C) the Department of Agriculture is open to conduct business.
(13) Secretary
The term “Secretary” means the Secretary of Agriculture.
(14) State
The term “State” means each of the 50 States.
(Aug. 14, 1946, ch. 966, title II, § 212, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1188.)
7 U.S.C. § 1635f (AGRICULTURE)
§ 1635f. Mandatory packer reporting of boxed beef sales
(a) Daily reporting
The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day (not less than once before, and once after, 12:00 noon Central Time) information on total boxed beef sales, including—
(1) the price for each lot of each negotiated boxed beef sale (determined by seller-buyer interaction and agreement), quoted in dollars per hundredweight (on a F.O.B. plant basis);
(2) the quantity for each lot of each sale, quoted by number of boxes sold; and
(3) information regarding the characteristics of each lot of each sale, including—
(A) the grade of beef (USDA Choice or better, USDA Select, or ungraded no-roll product);
(B) the cut of beef; and
(C) the trim specification.
(b) Publication
The Secretary shall make available to the public the information required to be reported under subsection (a) of this section not less frequently than twice each reporting day.
(Aug. 14, 1946, ch. 966, title II, § 223, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1193.)
7 U.S.C. § 1635k (AGRICULTURE)
§ 1635k. Mandatory reporting of wholesale pork cuts
(a) Reporting
The corporate officers or officially designated representatives of each packer shall report to the Secretary information concerning the price and volume of wholesale pork cuts, as the Secretary determines is necessary and appropriate.
(b) Publication
The Secretary shall publish information reported under subsection (a) as the Secretary determines necessary and appropriate.
(Aug. 14, 1946, ch. 966, title II, § 233, as added Pub. L. 111–239, § 2(b)(1), Sept. 27, 2010, 124 Stat. 2501.)
heading: Negotiated Rulemaking Process
text: Pub. L. 111–239, § 2(b)(2)–(4), Sept. 27, 2010, 124 Stat. 2501, provided that:
“(2) Negotiated rulemaking.—
The Secretary of Agriculture shall establish a negotiated rulemaking process pursuant to subchapter III of chapter 5 of title 5, United States Code, to negotiate and develop a proposed rule to implement the amendment made by paragraph (1) [enacting this section].
“(3) Negotiated rulemaking committee.—
“(A) Representation.—
Any negotiated rulemaking committee established by the Secretary of Agriculture pursuant to paragraph (2) shall include representatives from—
“(i) organizations representing swine producers;
“(ii) organizations representing packers of pork, processors of pork, retailers of pork, and buyers of wholesale pork;
“(iii) the Department of Agriculture; and
“(iv) among interested parties that participate in swine or pork production.
“(B) Inapplicability of federal advisory committee act.—
Any negotiated rulemaking committee established by the Secretary of Agriculture pursuant to paragraph (2) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
“(4) Timing of proposed and final rules.—
In carrying out the negotiated rulemaking process under paragraph (2), the Secretary of Agriculture shall ensure that—
“(A) any recommendation for a proposed rule or report is provided to the Secretary of Agriculture not later than 180 days after the date of the enactment of this Act [Sept. 27, 2010]; and
“(B) a final rule is promulgated not later than one and a half years after the date of the enactment of this Act.”
7 U.S.C. § 1635m (AGRICULTURE)
§ 1635m. Mandatory reporting for lambs
(a) Establishment
The Secretary may establish a program of mandatory lamb price information reporting that will—
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the lamb slaughtering industry.
(b) Notice and comment
If the Secretary establishes a mandatory price reporting program under subsection (a) of this section, the Secretary shall provide an opportunity for comment on proposed regulations to establish the program during the 30-day period beginning on the date of the publication of the proposed regulations.
(Aug. 14, 1946, ch. 966, title II, § 241, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1200.)
7 U.S.C. § 1636a (AGRICULTURE)
§ 1636a. Unlawful acts
It shall be unlawful and a violation of this subchapter for any packer or other person subject to this subchapter (in the submission of information required under part B, C, or D of this subchapter, as determined by the Secretary) to willfully—
(1) fail or refuse to provide, or delay the timely reporting of, accurate information to the Secretary (including estimated information);
(2) solicit or request that a packer, the buyer or seller of livestock or livestock products, or any other person fail to provide, as a condition of any transaction, accurate or timely information required under this subchapter;
(3) fail or refuse to comply with this subchapter; or
(4) report estimated information in any report required under this subchapter in a manner that demonstrates a pattern of significant variance in accuracy when compared to the actual information that is reported for the same reporting period, or as determined by any audit, oversight, or other verification procedures of the Secretary.
(Aug. 14, 1946, ch. 966, title II, § 252, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1201.)
7 U.S.C. § 1636c (AGRICULTURE)
§ 1636c. Fees
The Secretary shall not charge or assess a user fee, transaction fee, service charge, assessment, reimbursement, or any other fee for the submission or reporting of information, for the receipt or availability of, or access to, published reports or information, or for any other activity required under this subchapter.
(Aug. 14, 1946, ch. 966, title II, § 254, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1203.)
7 U.S.C. § 1636d (AGRICULTURE)
§ 1636d. Recordkeeping
(a) In general
Subject to subsection (b) of this section, each packer required to report information to the Secretary under this subchapter shall maintain, and make available to the Secretary on request, for 2 years—
(1) the original contracts, agreements, receipts and other records associated with any transaction relating to the purchase, sale, pricing, transportation, delivery, weighing, slaughter, or carcass characteristics of all livestock; and
(2) such records or other information as is necessary or appropriate to verify the accuracy of the information required to be reported under this subchapter.
(b) Limitations
Under subsection (a)(2) of this section, the Secretary may not require a packer to provide new or additional information if—
(1) the information is not generally available or maintained by packers; or
(2) the provision of the information would be unduly burdensome.
(c) Purchases of cattle or swine
A record of a purchase of a lot of cattle or a lot of swine by a packer shall evidence whether the purchase occurred—
(1) before 10:00 a.m. Central Time;
(2) between 10:00 a.m. and 2:00 p.m. Central Time; or
(3) after 2:00 p.m. Central Time.
(Aug. 14, 1946, ch. 966, title II, § 255, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1203.)
7 U.S.C. § 1636e (AGRICULTURE)
§ 1636e. Voluntary reporting
The Secretary shall encourage voluntary reporting by packers (as defined in section 191 of this title) to which the mandatory reporting requirements of this subchapter do not apply.
(Aug. 14, 1946, ch. 966, title II, § 256, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1204.)
7 U.S.C. § 1636f (AGRICULTURE)
§ 1636f. Publication of information on retail purchase prices for representative meat products
(a) In general
Beginning not later than 90 days after October 22, 1999, the Secretary shall compile and publish at least monthly (weekly, if practicable) information on retail prices for representative food products made from beef, pork, chicken, turkey, veal, or lamb.
(b) Information
The report published by the Secretary under subsection (a) of this section shall include—
(1) information on retail prices for each representative food product described in subsection (a) of this section; and
(2) information on total sales quantity (in pounds and dollars) for each representative food product.
(c) Meat Price Spreads Report
During the period ending 2 years after the initial publication of the report required under subsection (a) of this section, the Secretary shall continue to publish the Meat Price Spreads Report in the same manner as the Report was published before October 22, 1999.
(d) Information collection
(1) In general
To ensure the accuracy of the reports required under subsection (a) of this section, the Secretary shall obtain the information for the reports from one or more sources including—
(A) a consistently representative set of retail transactions; and
(B) both prices and sales quantities for the transactions.
(2) Source of information
The Secretary may—
(A) obtain the information from retailers or commercial information sources; and
(B) use valid statistical sampling procedures, if necessary.
(3) Adjustments
In providing information on retail prices under this section, the Secretary may make adjustments to take into account differences in—
(A) the geographic location of consumption;
(B) the location of the principal source of supply;
(C) distribution costs; and
(D) such other factors as the Secretary determines reflect a verifiable comparative retail price for a representative food product.
(e) Administration
The Secretary—
(1) shall collect information under this section only on a voluntary basis; and
(2) shall not impose a penalty on a person for failure to provide the information or otherwise compel a person to provide the information.
(Aug. 14, 1946, ch. 966, title II, § 257, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1204.)
7 U.S.C. § 1636g (AGRICULTURE)
§ 1636g. Suspension authority regarding specific terms of price reporting requirements
(a) In general
The Secretary may suspend any requirement of this subchapter if the Secretary determines that application of the requirement is inconsistent with the purposes of this subchapter.
(b) Suspension procedure
(1) Period
A suspension under subsection (a) of this section shall be for a period of not more than 240 days.
(2) Action by Congress
If an Act of Congress concerning the requirement that is the subject of the suspension under subsection (a) of this section is not enacted by the end of the period of the suspension established under paragraph (1), the Secretary shall implement the requirement.
(Aug. 14, 1946, ch. 966, title II, § 258, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1205.)
7 U.S.C. § 1636h (AGRICULTURE)
§ 1636h. Federal preemption
In order to achieve the goals, purposes, and objectives of this chapter on a nationwide basis and to avoid potentially conflicting State laws that could impede the goals, purposes, or objectives of this chapter, no State or political subdivision of a State may impose a requirement that is in addition to, or inconsistent with, any requirement of this subchapter with respect to the submission or reporting of information, or the publication of such information, on the prices and quantities of livestock or livestock products.
(Aug. 14, 1946, ch. 966, title II, § 259, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1205.)
7 U.S.C. § 1636i (AGRICULTURE)
§ 1636i. Termination of authority
The authority provided by this subchapter terminates on September 30, 2015.
(Aug. 14, 1946, ch. 966, title II, § 260, as added Pub. L. 109–296, § 1(a), Oct. 5, 2006, 120 Stat. 1464; amended Pub. L. 111–239, § 2(a)(1), Sept. 27, 2010, 124 Stat. 2501.)
heading: Amendments
text: 2010—Pub. L. 111–239 substituted “September 30, 2015” for “September 30, 2010”.
7 U.S.C. § 1637 (AGRICULTURE)
§ 1637. Purpose
The purpose of this subchapter is to establish a program of information regarding the marketing of dairy products that—
(1) provides information that can be readily understood by producers and other market participants, including information with respect to prices, quantities sold, and inventories of dairy products;
(2) improves the price and supply reporting services of the Department of Agriculture; and
(3) encourages competition in the marketplace for dairy products.
(Aug. 14, 1946, ch. 966, title II, § 271, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2541.)
7 U.S.C. § 1637a (AGRICULTURE)
§ 1637a. Definitions
In this subchapter:
(1) Dairy products
The term “dairy products” means—
(A) manufactured dairy products that are used by the Secretary to establish minimum prices for Class III and Class IV milk under a Federal milk marketing order issued under section 608c of this title; and
(B) substantially identical products designated by the Secretary.
(2) Manufacturer
The term “manufacturer” means any person engaged in the business of buying milk in commerce for the purpose of manufacturing dairy products.
(3) Secretary
The term “Secretary” means the Secretary of Agriculture.
(Aug. 14, 1946, ch. 966, title II, § 272, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2541; amended Pub. L. 107–171, title I, § 1504, May 13, 2002, 116 Stat. 207.)
heading: Amendments
text: 2002—Par. (1). Pub. L. 107–171 inserted hyphen after “means”, designated remainder of existing provisions as subpar. (A), substituted “; and” for period at end, and added subpar. (B).
7 U.S.C. § 1638 (AGRICULTURE)
§ 1638. Definitions
In this subchapter:
(1) Beef
The term “beef” means meat produced from cattle (including veal).
(2) Covered commodity
(A) In general
The term “covered commodity” means—
(i) muscle cuts of beef, lamb, and pork;
(ii) ground beef, ground lamb, and ground pork;
(iii) farm-raised fish;
(iv) wild fish;
(v) a perishable agricultural commodity;
(vi) peanuts; and 1
(vii) meat produced from goats;
(viii) chicken, in whole and in part;
(ix) ginseng;
(x) pecans; and
(xi) macadamia nuts.
(B) Exclusions
The term “covered commodity” does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item.
(3) Farm-raised fish
The term “farm-raised fish” includes—
(A) farm-raised shellfish; and
(B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish.
(4) Food service establishment
The term “food service establishment” means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public.
(5) Lamb
The term “lamb” means meat, other than mutton, produced from sheep.
(6) Perishable agricultural commodity; retailer
The terms “perishable agricultural commodity” and “retailer” have the meanings given the terms in section 499a(b) of this title.
(7) Pork
The term “pork” means meat produced from hogs.
(8) Secretary
The term “Secretary” means the Secretary of Agriculture, acting through the Agricultural Marketing Service.
(9) Wild fish
(A) In general
The term “wild fish” means naturally-born or hatchery-raised fish and shellfish harvested in the wild.
(B) Inclusions
The term “wild fish” includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish.
(C) Exclusions
The term “wild fish” excludes net-pen aquacultural or other farm-raised fish.
(Aug. 14, 1946, ch. 966, title II, § 281, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 533; amended Pub. L. 110–234, title XI, § 11002(1), May 22, 2008, 112 Stat. 1351; Pub. L. 110–246, § 4(a), title XI, § 11002(1), June 18, 2008, 122 Stat. 1664, 2113.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Par. (2)(A)(vii) to (xi). Pub. L. 110–246, § 11002(1), added cls. (vii) to (xi).
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.