dreamproit/uscode huggingface dataset:
7 U.S.C. § 5936 (AGRICULTURE)
§ 5936. Farm and Ranch Stress Assistance Network
(a) In general
The Secretary, in coordination with the Secretary of Health and Human Services, shall make competitive grants to support cooperative programs between State cooperative extension services and nonprofit organizations to establish a Farm and Ranch Stress Assistance Network that provides stress assistance programs to individuals who are engaged in farming, ranching, and other agriculture-related occupations.
(b) Eligible programs
Grants awarded under subsection (a) may be used to initiate, expand, or sustain programs that provide professional agricultural behavioral health counseling and referral for other forms of assistance as necessary through—
(1) farm telephone helplines and websites;
(2) community education;
(3) support groups;
(4) outreach services and activities; and
(5) home delivery of assistance, in a case in which a farm resident is homebound.
(c) Extension services
Grants shall be awarded under this subsection directly to State cooperative extension services to enable the State cooperative extension services to enter into contracts, on a multiyear basis, with nonprofit, community-based, direct-service organizations to initiate, expand, or sustain cooperative programs described in subsections (a) and (b).
(d) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.
(Pub. L. 110–234, title VII, § 7522, May 22, 2008, 122 Stat. 1272; Pub. L. 110–246, § 4(a), title VII, § 7522, June 18, 2008, 122 Stat. 1664, 2033.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
heading: Effective Date
text: Enactment 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 a note under section 8701 of this title.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of this title.
7 U.S.C. § 5937 (AGRICULTURE)
§ 5937. Natural products research program
(a) In general
The Secretary shall establish within the Department a natural products research program.
(b) Duties
In carrying out the program established under subsection (a), the Secretary shall coordinate research relating to natural products, including—
(1) research to improve human health and agricultural productivity through the discovery, development, and commercialization of products and agrichemicals from bioactive natural products, including products from plant, marine, and microbial sources;
(2) research to characterize the botanical sources, production, chemistry, and biological properties of plant-derived natural products; and
(3) other research priorities identified by the Secretary.
(c) Peer and merit review
The Secretary shall—
(1) determine the relevance and merit of research under this section through a system of peer review established by the Secretary pursuant to section 7613 of this title; and
(2) approve funding for research on the basis of merit, quality, and relevance to advancing the purposes of this section.
(d) Buildings and facilities
Funds made available under this section shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement and architect fees).
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2008 through 2012.
(Pub. L. 110–234, title VII, § 7525, May 22, 2008, 122 Stat. 1273; Pub. L. 110–246, § 4(a), title VII, § 7525, June 18, 2008, 122 Stat. 1664, 2035.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
heading: Effective Date
text: Enactment 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 a note under section 8701 of this title.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of this title.
7 U.S.C. § 6003 (AGRICULTURE)
§ 6003. Issuance of plans
(a) In general
To effectuate the declared policy of section 6001(b) of this title, the Secretary shall, subject to this chapter, issue and from time to time amend, plans applicable to growers, grower-shellers, shellers, first handlers, and importers of pecans. Any such plan shall be national in scope. Not more than one plan shall be in effect under this chapter at any one time.
(b) Procedure
(1) Proposal for issuance of plan
The Secretary may propose the issuance of a plan under this chapter, or an association of pecan growers or grower-shellers or any other person that will be affected by this chapter may request the issuance of, and submit a proposal for, such a plan.
(2) Proposed plan
Not later than 60 days after the receipt of a request and proposal by an interested person for a plan, or when the Secretary determines to propose a plan, the Secretary shall publish a proposed plan and give due notice and opportunity for public comment on the proposed plan.
(3) Issuance of plan
After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue a plan, taking into consideration the comments received and including in the plan provisions necessary to ensure that the plan is in conformity with the requirements of this chapter.
(4) Effective date of plan
Such plan shall be issued and become effective not later than 150 days following publication of the proposed plan.
(c) Amendments
The Secretary, from time to time, may amend any plan issued under this section. The provisions of this chapter applicable to a plan shall be applicable to amendments to a plan.
(Pub. L. 101–624, title XIX, § 1908, Nov. 28, 1990, 104 Stat. 3841.)
7 U.S.C. § 6006 (AGRICULTURE)
§ 6006. Permissive terms in plans
(a) In general
A plan issued pursuant to this chapter may contain one or more of the terms and conditions contained in this section.
(b) Exemptions
The plan may provide authority to exempt from the plan pecans used for nonfood uses and authority for the Board to require satisfactory safeguards against improper uses of such exemptions.
(c) Different payment and reporting schedules
The plan may provide authority to designate different payment and reporting schedules for growers, grower-shellers, first handlers and importers to recognize differences in marketing practices and procedures utilized in different production areas.
(d) Promotion
The plan may provide for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the promotion of pecans and for the disbursement of necessary funds for such purposes, except that—
(1) any such program or project shall be directed toward increasing the general demand for pecans; and
(2) such promotional activities shall comply with other restrictions on the use of funds that are established under this chapter.
(e) Research and information
The plan may provide for establishing and carrying on research, consumer information, and industry information projects and studies to the end that the marketing and utilization of pecans may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes.
(f) Reserve funds
The plan may provide authority to accumulate reserve funds from assessments collected pursuant to this chapter, to permit an effective and continuous coordinated program of research, consumer information, industry information and promotion in years when the production and assessment income may be reduced, except that the total reserve fund may not exceed the amount budgeted for the operation of the plan for 2 years.
(g) Foreign markets
The plan may provide authority to use funds collected under this chapter, with the approval of the Secretary, for the development and expansion of pecan sales in foreign markets.
(Pub. L. 101–624, title XIX, § 1911, Nov. 28, 1990, 104 Stat. 3847.)
7 U.S.C. § 6008 (AGRICULTURE)
§ 6008. Petition and review
(a) Petition
(1) In general
A person subject to a plan issued under this chapter may file with the Secretary a petition—
(A) stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and
(B) requesting a modification of the plan or an exemption from the plan.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary.
(3) Ruling
After such hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(b) Review
(1) Commencement of action
The district courts of the United States in any district in which a person who is a petitioner under subsection (a) of this section resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a) of this section.
(2) Process
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—
(A) to make such ruling as the court shall determine to be in accordance with law; or
(B) to take such further proceedings as, in the opinion of the court, the law requires.
(4) Enforcement
The pendency of proceedings instituted under subsection (a) of this section shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6009 of this title.
(Pub. L. 101–624, title XIX, § 1913, Nov. 28, 1990, 104 Stat. 3850.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
7 U.S.C. § 6010 (AGRICULTURE)
§ 6010. Investigations and power to subpoena
(a) In general
The Secretary may make such investigations as the Secretary determines necessary—
(1) for the effective administration of this chapter; or
(2) to determine whether a person has engaged or is engaging in any act or practice that constitutes a violation of any provision of this chapter, or of any plan, rule, or regulation issued under this chapter.
(b) Power to subpoena
(1) Investigations
For the purpose of an investigation made under subsection (a) of this section, the Secretary is authorized to administer oaths and affirmations and to issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 6008 or 6009 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that 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.
(c) Aid of courts
In case of contumacy by, or refusal to obey a subpoena issued 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 order to enforce a subpoena issued by the Secretary under subsection (b) of this section. The court may issue an order requiring such person to comply with such a subpoena.
(d) Contempt
Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(e) Process
Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.
(f) Hearing site
The site of any hearings held under section 6008 or 6009 of this title shall be within the judicial district where such person resides or has a principal place of business.
(Pub. L. 101–624, title XIX, § 1915, Nov. 28, 1990, 104 Stat. 3852; Pub. L. 102–237, title VIII, § 802(3), Dec. 13, 1991, 105 Stat. 1882.)
heading: Amendments
text: 1991—Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “6008 or”.
7 U.S.C. § 6011 (AGRICULTURE)
§ 6011. Requirement of referendum
(a) In general
Not later than 24 months after the effective date of the plan first issued under section 6003 of this title, the Secretary shall conduct a referendum among growers, grower-shellers, and importers, who during a representative period determined by the Secretary have been engaged in the production or importation of pecans, for the purpose of ascertaining whether growers, grower-shellers, and importers favor continuation, termination, or suspension of the plan.
(b) Other referenda
(1) In general
After the referendum required under subsection (a) of this section, the Secretary shall hold a referendum on request of the Board or 10 percent or more of the total number of growers, grower-shellers, and importers, to determine if growers, grower-shellers, and importers favor the termination or suspension of the plan.
(2) Suspension or termination
The Secretary shall terminate or suspend such plan, in accordance with section 6012(b) of this title, whenever the Secretary determines that such suspension or termination is favored by a majority of those voting in a referendum.
(c) Costs of referendum
The Secretary shall be reimbursed from any assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this chapter, except for the salaries of Government employees.
(d) Manner
(1) In general
Referenda conducted pursuant to this chapter shall be conducted in such a manner as is determined by the Secretary.
(2) Advance registration
A grower, grower-sheller, or importer who chooses to vote in any referendum conducted under this chapter shall register in person prior to the voting period at the appropriate local office of the Agricultural Stabilization and Conservation Service, as determined by the Secretary, for such grower, grower-sheller, or by mailing such a request to the Secretary on behalf of an importer.
(3) Voting
A grower, grower-sheller, or importer who votes in any referendum conducted under this chapter shall vote in person at the appropriate local office of the Agricultural Stabilization and Conservation Service, as determined by the Secretary or by mail to the Secretary.
(4) Notice
Each Agricultural Stabilization and Conservation Service office shall notify all growers, grower-shellers, and importers in the area of such office, as determined by the Secretary, at least 30 days prior to a referendum conducted under this chapter. Such notice shall explain the registration and voting procedures established under this subsection.
(Pub. L. 101–624, title XIX, § 1916, Nov. 28, 1990, 104 Stat. 3853.)
7 U.S.C. § 6012 (AGRICULTURE)
§ 6012. Suspension or termination of plan
(a) Mandatory suspension or termination
The Secretary shall, whenever the Secretary finds that the plan or any provision of the plan obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such plan or provision.
(b) Suspension or termination
If, as a result of any referendum conducted under this chapter, the Secretary determines that suspension or termination of a plan is favored by a majority of the growers, grower-shellers, and importers voting in the referendum, the Secretary shall—
(1) within 6 months after making such determination, suspend or terminate, as the case may be, collection of assessments under the plan; and
(2) suspend or terminate, as the case may be, activities under the plan in an orderly manner as soon as practicable.
(c) Limitation
The termination or suspension of any plan, or any provision thereof, shall not be considered a plan within the meaning of this chapter.
(Pub. L. 101–624, title XIX, § 1917, Nov. 28, 1990, 104 Stat. 3854.)
7 U.S.C. § 6013 (AGRICULTURE)
§ 6013. Authorization of appropriations
(a) In general
There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this chapter.
(b) Administrative expenses
Funds appropriated to carry out this chapter shall not be available for payment of the expenses or expenditures of the Board in administering any provision of any plan issued under this chapter.
(Pub. L. 101–624, title XIX, § 1918, Nov. 28, 1990, 104 Stat. 3854.)
7 U.S.C. § 6101 (AGRICULTURE)
§ 6101. Findings and declaration of policy
(a) Findings
Congress finds that—
(1) mushrooms are an important food that is a valuable part of the human diet;
(2) the production of mushrooms plays a significant role in the Nation’s economy in that mushrooms are produced by hundreds of mushroom producers, distributed through thousands of wholesale and retail outlets, and consumed by millions of people throughout the United States and foreign countries;
(3) mushroom production benefits the environment by efficiently using agricultural byproducts;
(4) mushrooms must be high quality, readily available, handled properly, and marketed efficiently to ensure that the benefits of this important product are available to the people of the United States;
(5) the maintenance and expansion of existing markets and uses, and the development of new markets and uses, for mushrooms are vital to the welfare of producers and those concerned with marketing and using mushrooms, as well as to the agricultural economy of the Nation;
(6) the cooperative development, financing, and implementation of a coordinated program of mushroom promotion, research, and consumer information are necessary to maintain and expand existing markets for mushrooms; and
(7) mushrooms move in interstate and foreign commerce, and mushrooms that do not move in such channels of commerce directly burden or affect interstate commerce in mushrooms.
(b) Policy
It is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for developing, financing through adequate assessments on mushrooms produced domestically or imported into the United States, and carrying out, an effective, continuous, and coordinated program of promotion, research, and consumer and industry information designed to—
(1) strengthen the mushroom industry’s position in the marketplace;
(2) maintain and expand existing markets and uses for mushrooms; and
(3) develop new markets and uses for mushrooms.
(c) Construction
Nothing in this chapter may be construed to provide for the control of production or otherwise limit the right of individual producers to produce mushrooms.
(Pub. L. 101–624, title XIX, § 1922, Nov. 28, 1990, 104 Stat. 3855.)
heading: Constitutionality
text: For information regarding constitutionality of subtitle B of title XIX of Pub. L. 101–624, which enacted this chapter, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
heading: Short Title
text: Pub. L. 101–624, title XIX, § 1921, Nov. 28, 1990, 104 Stat. 3854, provided that: “This subtitle [subtitle B (§§ 1921–1933) of title XIX of Pub. L. 101–624, enacting this chapter] may be cited as the ‘Mushroom Promotion, Research, and Consumer Information Act of 1990’.”
7 U.S.C. § 6102 (AGRICULTURE)
§ 6102. Definitions
As used in this chapter—
(1) Commerce
The term “commerce” means interstate, foreign, or intrastate commerce.
(2) Consumer information
The term “consumer information” means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of mushrooms.
(3) Council
The term “Council” means the Mushroom Council established under section 6104(b) of this title.
(4) Department
The term “Department” means the Department of Agriculture.
(5) First handler
The term “first handler” means any person, as described in an order issued under this chapter, who receives or otherwise acquires mushrooms from a producer and prepares for marketing or markets such mushrooms, or who prepares for marketing or markets mushrooms of that person’s own production.
(6) Importer
The term “importer” means any person who imports, on average, over 500,000 pounds of mushrooms annually from outside the United States.
(7) Industry information
The term “industry information” means information and programs that are designed to lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the mushroom industry.
(8) Marketing
The term “marketing” means the sale or other disposition of mushrooms in any channel of commerce.
(9) Mushrooms
The term “mushrooms” means all varieties of cultivated mushrooms grown within the United States for the fresh market, or imported into the United States for the fresh market, that are marketed, except that such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed, as may be determined by the Secretary.
(10) Person
The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity.
(11) Producer
The term “producer” means any person engaged in the production of mushrooms who owns or who shares the ownership and risk of loss of such mushrooms and who produces, on average, over 500,000 pounds of mushrooms per year.
(12) Promotion
The term “promotion” means any action determined by the Secretary to enhance the image or desirability of mushrooms, including paid advertising.
(13) Research
The term “research” means any type of study to advance the image, desirability, marketability, production, product development, quality, or nutritional value of mushrooms.
(14) Secretary
The term “Secretary” means the Secretary of Agriculture.
(15) State and United States
The terms “State” and “United States” include the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 101–624, title XIX, § 1923, Nov. 28, 1990, 104 Stat. 3855.)