dreamproit/uscode huggingface dataset:
7 U.S.C. § 7416a (AGRICULTURE)
§ 7416a. Confirmation of authority of Secretary of Agriculture to collect State commodity assessments
(a) Collection from marketing assistance loans
The Secretary of Agriculture shall collect commodity assessments from the proceeds of a marketing assistance loan for a producer if the assessment is required to be paid by the producer or the first purchaser of a commodity pursuant to a State law or pursuant to an authority administered by the Secretary. This collection authority does not extend to a State tax or other revenue collection activity by a State.
(b) Collection pursuant to agreement
The collection of an assessment under subsection (a) of this section shall be made as specified in an agreement between the Secretary of Agriculture and the State requesting the collection.
(c) Prohibition on charging certain fees
The Secretary may not charge any fees or related costs for the collection of commodity assessments pursuant to this section.
(Pub. L. 108–470, § 1, Dec. 21, 2004, 118 Stat. 3894; Pub. L. 110–234, title I, § 1616, May 22, 2008, 122 Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1616, June 18, 2008, 122 Stat. 1664, 1749.)
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 L. 110–234 were repealed by section 4(a) of Pub.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.
Section was not enacted as part of the Commodity Promotion, Research, and Information Act of 1996 which comprises this subchapter.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246, § 1616(1), substituted “shall” for “may”.
Subsec. (c). Pub. L. 110–246, § 1616(2), added subsec. (c).
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.
7 U.S.C. § 7418 (AGRICULTURE)
§ 7418. Petition and review of orders
(a) Petition
(1) In general
A person subject to an order issued under this subchapter may file with the Secretary a petition—
(A) stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearing
The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) Ruling
After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b) of this section.
(4) Limitation on petition
Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.
(b) Review
(1) Commencement of action
The district court of the United States for any district in which a person who is a petitioner under subsection (a) of this section resides or carries on business shall have jurisdiction to review the final ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the final ruling by the Secretary under subsection (a)(3) of this section.
(2) Process
Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.
(3) Remands
If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—
(A) to make such ruling as the court determines to be in accordance with law; or
(B) to take such further action as, in the opinion of the court, the law requires.
(c) Effect on enforcement proceedings
The pendency of a petition filed under subsection (a) of this section or an action commenced under subsection (b) of this section shall not operate as a stay of any action authorized by section 7419 of this title to be taken to enforce this subchapter, including any rule, order, or penalty in effect under this subchapter.
(Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.)
7 U.S.C. § 7420 (AGRICULTURE)
§ 7420. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this subchapter; or
(2) to determine whether any person subject to this subchapter has engaged, or is about to engage, in any action that constitutes or will constitute a violation of this subchapter or any order or regulation issued under this subchapter.
(b) Subpoenas, oaths, and affirmations
For the purpose of any investigation under subsection (a) of this section, the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records or documents that are relevant to the inquiry. The attendance of witnesses and the production of records or documents may be required from any place in the United States.
(c) Aid of courts
In the 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 the investigation or proceeding is carried on, or where the person resides or carries on business, in order to require the attendance and testimony of the person or the production of records or documents. The court may issue an order requiring the person to appear before the Secretary to produce records or documents or to give testimony regarding the matter under investigation.
(d) Contempt
Any failure to obey the order of the court may be punished by the court as a contempt of the court.
(e) Process
Process in any case under this section may be served in the judicial district in which the person resides or carries on business or wherever the person may be found.
(Pub. L. 104–127, title V, § 521, Apr. 4, 1996, 110 Stat. 1047.)
7 U.S.C. § 7421 (AGRICULTURE)
§ 7421. Suspension or termination
(a) Mandatory suspension or termination
The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or a provision of an order obstructs or does not tend to effectuate the purpose of this subchapter, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under section 7417 of this title.
(b) Implementation of suspension or termination
If, as a result of a referendum conducted under section 7417 of this title, the Secretary determines that an order is not approved, the Secretary shall—
(1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and
(2) as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner.
(Pub. L. 104–127, title V, § 522, Apr. 4, 1996, 110 Stat. 1047.)
7 U.S.C. § 7422 (AGRICULTURE)
§ 7422. Amendments to orders
The provisions of this subchapter applicable to an order shall be applicable to any amendment to an order, except that section 7417 of this title shall not apply to an amendment.
(Pub. L. 104–127, title V, § 523, Apr. 4, 1996, 110 Stat. 1047.)
7 U.S.C. § 7425 (AGRICULTURE)
§ 7425. Authorization of appropriations
(a) In general
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(b) Limitation on expenditures for administrative expenses
Funds appropriated to carry out this subchapter may not be expended for the payment of expenses incurred by a board to administer an order.
(Pub. L. 104–127, title V, § 526, Apr. 4, 1996, 110 Stat. 1048.)
7 U.S.C. § 7441 (AGRICULTURE)
§ 7441. Findings and declaration of policy
(a) Findings
Congress finds that—
(1) canola and rapeseed products are an important and nutritious part of the human diet;
(2) the production of canola and rapeseed products plays a significant role in the economy of the United States in that—
(A) canola and rapeseed products are produced by thousands of canola and rapeseed producers and processed by numerous processing entities; and
(B) canola and rapeseed products produced in the United States are consumed by people throughout the United States and foreign countries;
(3) canola, rapeseed, and canola and rapeseed products should be readily available and marketed efficiently to ensure that consumers have an adequate supply of canola and rapeseed products at a reasonable price;
(4) the maintenance and expansion of existing markets and development of new markets for canola, rapeseed, and canola and rapeseed products are vital to the welfare of canola and rapeseed producers and processors and those persons concerned with marketing canola, rapeseed, and canola and rapeseed products, as well as to the general economy of the United States, and are necessary to ensure the ready availability and efficient marketing of canola, rapeseed, and canola and rapeseed products;
(5) there exist established State and national organizations conducting canola and rapeseed research, promotion, and consumer education programs that are valuable to the efforts of promoting the consumption of canola, rapeseed, and canola and rapeseed products;
(6) the cooperative development, financing, and implementation of a coordinated national program of canola and rapeseed research, promotion, consumer information, and industry information is necessary to maintain and expand existing markets and develop new markets for canola, rapeseed, and canola and rapeseed products; and
(7) canola, rapeseed, and canola and rapeseed products move in interstate and foreign commerce, and canola, rapeseed, and canola and rapeseed products that do not move in interstate or foreign commerce directly burden or affect interstate commerce in canola, rapeseed, and canola and rapeseed products.
(b) Policy
It is the policy of this subchapter to establish an orderly procedure for developing, financing through assessments on domestically produced canola and rapeseed, and implementing a program of research, promotion, consumer information, and industry information designed to strengthen the position in the marketplace of the canola and rapeseed industry, to maintain and expand existing domestic and foreign markets and uses for canola, rapeseed, and canola and rapeseed products, and to develop new markets and uses for canola, rapeseed, and canola and rapeseed products.
(c) Construction
Nothing in this subchapter provides for the control of production or otherwise limits the right of individual producers to produce canola, rapeseed, or canola or rapeseed products.
(Pub. L. 104–127, title V, § 532, Apr. 4, 1996, 110 Stat. 1048.)
7 U.S.C. § 7443 (AGRICULTURE)
§ 7443. Issuance and amendment of orders
(a) In general
Subject to subsection (b) of this section, the Secretary shall issue 1 or more orders under this subchapter applicable to producers and first purchasers of canola, rapeseed, or canola or rapeseed products. The order shall be national in scope. Not more than 1 order shall be in effect under this subchapter at any 1 time.
(b) Procedure
(1) Proposal or request for issuance
The Secretary may propose the issuance of an order under this subchapter, or an association of canola and rapeseed producers or any other person that would be affected by an order issued pursuant to this subchapter may request the issuance of, and submit a proposal for, an order.
(2) Notice and comment concerning proposed order
Not later than 60 days after the receipt of a request and proposal for an order pursuant to paragraph (1), or whenever the Secretary determines to propose an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.
(3) Issuance of order
After notice and opportunity for public comment are given as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this subchapter. The order shall be issued and become effective not later than 180 days following publication of the proposed order.
(c) Amendments
The Secretary may amend an order issued under this section.
(Pub. L. 104–127, title V, § 534, Apr. 4, 1996, 110 Stat. 1050.)
7 U.S.C. § 7447 (AGRICULTURE)
§ 7447. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this subchapter may file with the Secretary a petition—
(A) stating that the order, a provision of the order, or an obligation imposed in connection with the order is not established in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary.
(3) Ruling
After a hearing under paragraph (2), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law.
(4) Limitation on petition
Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.
(b) Review
(1) Commencement of action
The district court of the United States for any district in which the person who is a petitioner under subsection (a) of this section resides or carries on business shall have jurisdiction to review a ruling on the petition, if a complaint is filed by the person not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a)(3) of this section.
(2) Process
Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) of this section is not in accordance with applicable 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 7448 of this title.
(Pub. L. 104–127, title V, § 538, Apr. 4, 1996, 110 Stat. 1060.)
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. § 7449 (AGRICULTURE)
§ 7449. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this subchapter; and
(2) to determine whether any person has engaged or is engaging in an act that constitutes a violation of this subchapter, or an order, rule, or regulation issued under this subchapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation under subsection (a) of this section, the Secretary may administer oaths and affirmations, subpoena witnesses, take evidence, and issue subpoenas to 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.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 7447 or 7448 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena and compel the attendance of witnesses, 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.
(c) Aid of courts
In the 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 the investigation or proceeding is carried on, or where the 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 the person to comply with the subpoena.
(d) Contempt
A failure to obey an order of the court under this section may be punished by the court as contempt of the court.
(e) Process
Process may be served on a person in the judicial district in which the person resides or carries on business or wherever the person may be found.
(f) Hearing site
The site of a hearing held under section 7447 or 7448 of this title shall be in the judicial district where the person affected by the hearing resides or has a principal place of business.
(Pub. L. 104–127, title V, § 540, Apr. 4, 1996, 110 Stat. 1062.)
7 U.S.C. § 7450 (AGRICULTURE)
§ 7450. Suspension or termination
The Secretary shall, whenever the Secretary finds that an order or a provision of an order obstructs or does not tend to effectuate the declared policy of this subchapter, suspend or terminate the operation of the order or provision. The suspension or termination of an order shall not be considered an order within the meaning of this subchapter.
(Pub. L. 104–127, title V, § 541, Apr. 4, 1996, 110 Stat. 1063.)
7 U.S.C. § 7452 (AGRICULTURE)
§ 7452. 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 subchapter.
(b) Administrative expenses
Funds appropriated under subsection (a) of this section shall not be available for payment of the expenses or expenditures of the Board in administering a provision of an order issued under this subchapter.
(Pub. L. 104–127, title V, § 543, Apr. 4, 1996, 110 Stat. 1063.)
7 U.S.C. § 7461 (AGRICULTURE)
§ 7461. Findings and purposes
(a) Findings
Congress finds that—
(1) domestically produced kiwifruit are grown by many individual producers;
(2) virtually all domestically produced kiwifruit are grown in the State of California, although there is potential for production in many other areas of the United States;
(3) kiwifruit move in interstate and foreign commerce, and kiwifruit that do not move in channels of commerce directly burden or affect interstate commerce;
(4) in recent years, large quantities of kiwifruit have been imported into the United States;
(5) the maintenance and expansion of existing domestic and foreign markets for kiwifruit, and the development of additional and improved markets for kiwifruit, are vital to the welfare of kiwifruit producers and other persons concerned with producing, marketing, and processing kiwifruit;
(6) a coordinated program of research, promotion, and consumer information regarding kiwifruit is necessary for the maintenance and development of the markets; and
(7) kiwifruit producers, handlers, and importers are unable to implement and finance such a program without cooperative action.
(b) Purposes
The purposes of this subchapter are—
(1) to authorize the establishment of an orderly procedure for the development and financing (through an assessment) of an effective and coordinated program of research, promotion, and consumer information regarding kiwifruit;
(2) to use the program to strengthen the position of the kiwifruit industry in domestic and foreign markets and maintain, develop, and expand markets for kiwifruit; and
(3) to treat domestically produced kiwifruit and imported kiwifruit equitably.
(Pub. L. 104–127, title V, § 552, Apr. 4, 1996, 110 Stat. 1064.)
7 U.S.C. § 7462 (AGRICULTURE)
§ 7462. Definitions
In this subchapter (unless the context otherwise requires):
(1) Board
The term “Board” means the National Kiwifruit Board established under section 7464 of this title.
(2) Consumer information
The term “consumer information” means any action taken to provide information to, and broaden the understanding of, the general public regarding the consumption, use, nutritional attributes, and care of kiwifruit.
(3) Exporter
The term “exporter” means any person from outside the United States who exports kiwifruit into the United States.
(4) Handler
The term “handler” means any person, excluding a common carrier, engaged in the business of buying and selling, packing, marketing, or distributing kiwifruit as specified in the order.
(5) Importer
The term “importer” means any person who imports kiwifruit into the United States.
(6) Kiwifruit
The term “kiwifruit” means all varieties of fresh kiwifruit grown in or imported into the United States.
(7) Marketing
The term “marketing” means the sale or other disposition of kiwifruit into interstate, foreign, or intrastate commerce by buying, marketing, distribution, or otherwise placing kiwifruit into commerce.
(8) Order
The term “order” means a kiwifruit research, promotion, and consumer information order issued by the Secretary under section 7463 of this title.
(9) Person
The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or other legal entity.
(10) Processing
The term “processing” means canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in any manner changing the form of kiwifruit for the purpose of preparing the kiwifruit for market or marketing the kiwifruit.
(11) Producer
The term “producer” means any person who grows kiwifruit in the United States for sale in commerce.
(12) Promotion
The term “promotion” means any action taken under this subchapter (including paid advertising) to present a favorable image of kiwifruit to the general public for the purpose of improving the competitive position of kiwifruit and stimulating the sale of kiwifruit.
(13) Research
The term “research” means any type of research relating to the use, nutritional value, and marketing of kiwifruit conducted for the purpose of advancing the image, desirability, marketability, or quality of kiwifruit.
(14) Secretary
The term “Secretary” means the Secretary of Agriculture.
(15) United States
The term “United States” means the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 104–127, title V, § 553, Apr. 4, 1996, 110 Stat. 1064.)