dreamproit/uscode huggingface dataset:
7 U.S.C. § 511p (AGRICULTURE)
§ 511p. Delegation of duties by Secretary of Agriculture
Any duties devolving upon the Secretary of Agriculture by virtue of the provisions of this chapter may with like force and effect be executed by such officer or officers, agent or agents, of the Department of Agriculture as the Secretary may designate for the purpose.
(Aug. 23, 1935, ch. 623, § 17, 49 Stat. 735.)
7 U.S.C. § 511r (AGRICULTURE)
§ 511r. Repealed. Pub. L. 108–357, title VI, § 611(b), Oct. 22, 2004, 118 Stat. 1522
text: Section, Pub. L. 98–180, title II, § 213, Nov. 29, 1983, 97 Stat. 1149; Pub. L. 99–198, title XI, §§ 1161, 1166, Dec. 23, 1985, 99 Stat. 1498, 1501; Pub. L. 100–418, title I, § 1214(b), Aug. 23, 1988, 102 Stat. 1156; Pub. L. 101–508, title I, § 1204(c), Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 101–624, title XXV, § 2511, Nov. 28, 1990, 104 Stat. 4073; Pub. L. 103–66, title I, § 1106(c), Aug. 10, 1993, 107 Stat. 323, related to inspection of imported tobacco.
heading: Effective Date of Repeal
text: Repeal applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title.
heading: Savings Provision
text: Repeal not to affect the liability of any person under this section with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title.
7 U.S.C. § 511s (AGRICULTURE)
§ 511s. Grading of tobacco
(1) In general
Not later than March 31, 2002, the Secretary of Agriculture (referred to in this section as the “Secretary”) shall conduct referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine whether such producers favor the mandatory grading of that kind of tobacco by the Secretary.
(2) Mandatory grading
(A) In general
If the Secretary determines that mandatory grading is favored by a majority of the producers of a kind of tobacco voting in the referendum, the Secretary is authorized and directed to ensure that the kind of tobacco is graded at the time of sale effective for the 2002 and subsequent marketing years.
(B) Fees
To the maximum extent practicable, the Secretary shall establish, collect, and use fees for the grading of tobacco required under this section in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act (7 U.S.C. 511 et seq.).
(3) Judicial review
A determination by the Secretary under this section shall not be subject to judicial review.
(Pub. L. 107–76, title VII, § 759(a), Nov. 28, 2001, 115 Stat. 741.)
heading: References in Text
text: The Agricultural Act of 1949, referred to in par. (1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
The Tobacco Inspection Act, referred to in par. (2)(B), is act Aug. 23, 1935, ch. 623, 49 Stat. 731, as amended, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 511q of this title and Tables.
heading: Codification
text: Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002, and not as part of The Tobacco Inspection Act which comprises this chapter.
7 U.S.C. § 515 to 515k (AGRICULTURE)
§§ 515 to 515k. Repealed. Pub. L. 108–357, title VI, § 611(c), Oct. 22, 2004, 118 Stat. 1522
text: Section 515, act Apr. 25, 1936, ch. 249, § 1, 49 Stat. 1239, related to tobacco production compacts between States.
text: Section 515a, act Apr. 25, 1936, ch. 249, § 2, 49 Stat. 1240, defined terms as used in this chapter.
text: Section 515b, act Apr. 25, 1936, ch. 249, § 3, 49 Stat. 1240, related to advancement of funds for administrative expenses.
text: Section 515c, act Apr. 25, 1936, ch. 249, § 4, 49 Stat. 1240, related to designation of persons to provide advice with compact administration.
text: Section 515d, act Apr. 25, 1936, ch. 249, § 5, 49 Stat. 1240, related to loans to certain associations of tobacco producers.
text: Section 515e, act Apr. 25, 1936, ch. 249, § 6, 49 Stat. 1241, related to availability of Department of Agriculture records and facilities.
text: Section 515f, act Apr. 25, 1936, ch. 249, § 7, 49 Stat. 1241, authorized appropriations and provided for disposition of repayments of advances or loans.
text: Section 515g, act Apr. 25, 1936, ch. 249, § 8, 49 Stat. 1241, related to availability of funds to other agencies.
text: Section 515h, act Apr. 25, 1936, ch. 249, § 9, 49 Stat. 1241, related to effect of compacts between States producing cigar tobacco on Puerto Rican commerce.
text: Section 515i, act Apr. 25, 1936, ch. 249, § 10, 49 Stat. 1242, related to disposition of receipts from sales of marketing certificates.
text: Section 515j, act Apr. 25, 1936, ch. 249, § 11, 49 Stat. 1242, related to separability of provisions.
text: Section 515k, act Apr. 25, 1936, ch. 249, § 12, 49 Stat. 1242, authorized promulgation of rules and regulations.
heading: Effective Date of Repeal
text: Repeal applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title.
heading: Short Title
text: Act Apr. 25, 1936, which was classified to this chapter, was popularly known as the “Tobacco Control Act”.
heading: Savings Provision
text: Pub. L. 108–357, title VI, § 614, Oct. 22, 2004, 118 Stat. 1524, provided that: “The amendments made by this subtitle [subtitle A (§§ 611–614) of title VI of Pub. L. 108–357, amending sections 609, 1282, 1301, 1303, 1314h, 1361, 1371, 1373, 1375, 1378, 1379, 1428, 1433c–1, and 1441 of this title and section 714c of Title 15, Commerce and Trade, repealing sections 511r, 515 to 515k, 625, 1311 to 1314, 1314–1, 1314b, 1314b–1, 1314b–2, 1314c to 1314j, 1315, 1316, 1445, 1445–1, and 1445–2 of this title, and repealing provisions set out as a note under section 1314c of this title] shall not affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of each kind of tobacco.”
7 U.S.C. § 516, 517 (AGRICULTURE)
§§ 516, 517. Repealed. Pub. L. 102–237, title X, § 1019, Dec. 13, 1991, 105 Stat. 1906
text: Section 516, act June 5, 1940, ch. 232, § 1, 54 Stat. 231, prohibited exportation of seeds or plants without permit.
text: Section 517, act June 5, 1940, ch. 232, § 2, 54 Stat. 231, provided penalty for violations.
7 U.S.C. § 518c (AGRICULTURE)
§ 518c. Administration
(a) Time for payment of contract payments
Contract payments required to be made for a fiscal year shall be made by the Secretary as soon as practicable.
(b) Use of county committees to resolve disputes
Any dispute regarding the eligibility of a person to enter into a contract or to receive contract payments, and any dispute regarding the amount of a contract payment, may be appealed to the county committee established under section 590h of title 16 for the county or other area in which the farming operation of the person is located.
(c) Role of National Appeals Division
Any adverse determination of a county committee under subsection (b) may be appealed to the National Appeals Division established under subtitle H of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6991 et seq.).
(d) Use of financial institutions
The Secretary may use a financial institution to manage assets, make contract payments, and otherwise carry out this title.1
(e) Payment to financial institutions
The Secretary shall permit a tobacco quota holder or producer of quota tobacco entitled to contract payments to assign to a financial institution the right to receive the contract payments. Upon receiving notification of the assignment, the Secretary shall make subsequent contract payments for the tobacco quota holder or producer of quota tobacco directly to the financial institution designated by the tobacco quota holder or producer of quota tobacco. The Secretary shall make information available to tobacco quota holders and producers of quota tobacco regarding their ability to elect to have the Secretary make payments directly to a financial institution under this subsection so that they may obtain a lump sum or other payment.
(Pub. L. 108–357, title VI, § 624, Oct. 22, 2004, 118 Stat. 1528.)
heading: References in Text
text: The Department of Agriculture Reorganization Act of 1994, referred to in subsec. (c), is title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, as amended. Subtitle H of the Act is classified principally to subchapter VIII (§ 6991 et seq.) of chapter 98 of this title. For complete classification of this Act to the Code, see Tables.
This title, referred to in subsec. (d), means title VI of Pub. L. 108–357, which enacted this chapter, amended sections 609, 1282, 1301, 1303, 1314h, 1361, 1371, 1373, 1375, 1378, 1379, 1428, 1433c–1, and 1441 of this title and section 714c of Title 15, Commerce and Trade, repealed sections 511r, 515 to 515k, 625, 1311 to 1314, 1314–1, 1314b, 1314b–1, 1314b–2, 1314c to 1314j, 1315, 1316, 1445, 1445–1, and 1445–2 of this title, enacted provisions set out as notes under sections 515 and 518 of this title, and repealed provisions set out as a note under section 1314c of this title. For complete classification of title VI to the Code, see Short Title note set out under section 518 of this title and Tables.
7 U.S.C. § 518f (AGRICULTURE)
§ 518f. Limitation on total expenditures
The total amount expended by the Secretary from the Tobacco Trust Fund to make payments under sections 518a and 518b of this title and for the other authorized purposes of the Fund shall not exceed $10,140,000,000.
(Pub. L. 108–357, title VI, § 627, Oct. 22, 2004, 118 Stat. 1534.)
7 U.S.C. § 519 (AGRICULTURE)
§ 519. Treatment of tobacco loan pool stocks and outstanding loan costs
(a) Disposal of stocks
To provide for the orderly disposition of quota tobacco held by an association that has entered into a loan agreement with the Commodity Credit Corporation under section 106A or 106B of the Agricultural Act of 1949 (7 U.S.C. 1445–1, 1445–2) (referred to in this section as an “association”), loan pool stocks for each kind of tobacco held by the association shall be disposed of in accordance with this section.
(b) Disposal by associations
For each kind of tobacco held by an association, the association shall be responsible for the disposal of a specific quantity of the loan pool stocks for that kind of tobacco held by the association. The quantity transferred to the association for disposal shall be equal to the quantity determined by dividing—
(1) the amount of funds held by the association in the No Net Cost Tobacco Fund and the No Net Cost Tobacco Account established under sections 106A and 106B of the Agricultural Act of 1949 (7 U.S.C. 1445–1, 1445–2) for the kind of tobacco; by
(2) the average list price per pound for the kind of tobacco, as determined by the Secretary.
(c) Disposal of remainder by Commodity Credit Corporation
(1) Disposal
Any loan pool stocks of a kind of tobacco of an association that are not transferred to the association under subsection (b) for disposal shall be disposed of by Commodity Credit Corporation in a manner determined by the Secretary.
(2) Reimbursement
As required by section 518e(b)(1)(B) of this title, the Secretary shall transfer from the Tobacco Trust Fund to the No Net Cost Tobacco Fund or the No Net Cost Tobacco Account of an association established under section 106A or 106B of the Agricultural Act of 1949 (7 U.S.C. 1445–1, 1445–2) such amounts as the Secretary determines will be adequate to reimburse the Commodity Credit Corporation for any net losses that the Corporation may sustain under its loan agreements with the association.
(d) Transfer of remaining no net cost funds
Any funds in the No Net Cost Tobacco Fund or the No Net Cost Tobacco Account of an association established under sections 106A and 106B of the Agricultural Act of 1949 (7 U.S.C. 1445–1, 1445–2) that remain after the application of subsections (b) and (c) shall be transferred to the association for distribution to producers of quota tobacco in accordance with a plan approved by the Secretary.
(Pub. L. 108–357, title VI, § 641, Oct. 22, 2004, 118 Stat. 1534.)
heading: References in Text
text: Sections 106A and 106B of the Agricultural Act of 1949, referred to in text, were classified to sections 1445–1 and 1445–2, respectively, of this title prior to repeal by Pub. L. 108–357, title VI, § 612(a), Oct. 22, 2004, 118 Stat. 1523.
7 U.S.C. § 519a (AGRICULTURE)
§ 519a. Regulations
(a) In general
The Secretary may promulgate such regulations as are necessary to implement this title 1 and the amendments made by this title.1
(b) Procedure
The promulgation of the regulations and administration of this title 1 and the amendments made by this title 1 shall be made without regard to—
(1) the notice and comment provisions of section 553 of title 5;
(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”).
(c) Congressional review of agency rulemaking
In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5.
(Pub. L. 108–357, title VI, § 642, Oct. 22, 2004, 118 Stat. 1535.)
heading: References in Text
text: This title, referred to in subsecs. (a) and (b), means title VI of Pub. L. 108–357, which enacted this chapter, amended sections 609, 1282, 1301, 1303, 1314h, 1361, 1371, 1373, 1375, 1378, 1379, 1428, 1433c–1, and 1441 of this title and section 714c of Title 15, Commerce and Trade, repealed sections 511r, 515 to 515k, 625, 1311 to 1314, 1314–1, 1314b, 1314b–1, 1314b–2, 1314c to 1314j, 1315, 1316, 1445, 1445–1, and 1445–2 of this title, enacted provisions set out as notes under sections 515 and 518 of this title, and repealed provisions set out as a note under section 1314c of this title. For complete classification of title VI to the Code, see Short Title note set out under section 518 of this title and Tables.
7 U.S.C. § 521 to 535 (AGRICULTURE)
§§ 521 to 535. Omitted or Transferred
heading: Codification
text: Sections, act June 15, 1929, ch. 24, §§ 1–15, 46 Stat. 11, as amended, were omitted or transferred as set forth below.
Section 521, which related to declaration of policy, effective merchandising of agricultural commodities, speculation, cooperative marketing, surpluses and administration of the chapter, was transferred to section 1141 of Title 12, Banks and Banking.
Section 522, which related to appointment, compensation, qualifications, term of office, and expenses of Governor of Farm Credit Administration, was transferred to section 1141a of Title 12, and was repealed by act Aug. 6, 1953, ch. 335, § 19, 67 Stat. 400. See section 2244 et seq. of Title 12.
Section 523, which related to designation of agricultural commodities and establishment of advisory commodity committees, was omitted.
Section 524, which related to general powers of Farm Credit Administration, was transferred to section 1141b of Title 12.
Section 525, which related to special powers of Administration, was transferred to section 1141c of Title 12.
Section 526, which related to authorization of a revolving fund, was transferred to section 1141d of Title 12.
Section 527, which related to loans to cooperative associations, was transferred to section 1141e of Title 12.
Section 528, which related to miscellaneous loan provisions, was transferred to section 1141f of Title 12.
Section 529, which provided for recognition, upon application of advisory commodity committee, of stabilization corporations for commodities, and prescribed functions and operations in connection therewith, was transferred to section 1141g of Title 12, and was subsequently omitted from the Code as obsolete.
Section 530, which related to clearing house associations, was omitted.
Section 531, which related to insurance against loss through price decline, was omitted.
Section 532, which related to appropriation for administrative expenses, was omitted.
Section 533, which related to avoidance of duplication, cooperation with other governmental establishments, obtaining information and data, cooperation with States, Territories, and agencies or subdivisions thereof, indication of research problems, and transfer of offices and functions, etc. was transferred to section 1141h of Title 12.
Section 534, which related to examination of books and accounts, was transferred to section 1141i of Title 12.
Section 535, which related to miscellaneous provisions, was transferred to section 1141j of Title 12.
7 U.S.C. § 541 to 545 (AGRICULTURE)
§§ 541 to 545. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131(56), 60 Stat. 1039
text: Sections 541 to 545, act June 5, 1930, ch. 399, 46 Stat. 497–499, related to Foreign Agricultural Service.
heading: Effective Date of Repeal
text: Repeal effective three months following Aug. 13, 1946, see section 1141 of act Aug. 13, 1946, ch. 957, title XI, 60 Stat. 1040.
7 U.S.C. § 551 to 568 (AGRICULTURE)
§§ 551 to 568. Transferred
heading: Codification
text: Sections 551 to 568 of this title, which were comprised of act June 10, 1930, ch. 436, §§ 1–18, 46 Stat. 531, as amended, known as the Perishable Agricultural Commodities Act, 1930, were transferred to sections 499a to 499r of chapter 20A of this title.
7 U.S.C. § 581 (AGRICULTURE)
§ 581. Standards of export; establishment; shipping without certificate forbidden; hearings
It shall be unlawful for any person to ship or offer for shipment or for any carrier, or any steamship company, or any person to transport or receive for transportation to any foreign destination, except as provided in this chapter, any apples in packages which are not accompanied by a certificate issued under authority of the Secretary of Agriculture showing that such apples are of a Federal or State grade which meets the minimum of quality established by the Secretary for shipment in export. The Secretary is authorized to prescribe, by regulations, the requirements, other than those of grade, which the fruit must meet before certificates are issued. The Secretary shall provide opportunity, by public hearing or otherwise, for interested persons to examine and make recommendation with respect to any standard of export proposed to be established or designated, or regulation prescribed, by the Secretary for the purposes of this chapter.
(June 10, 1933, ch. 59, § 1, 48 Stat. 123; Pub. L. 106–96, § 1(c), Nov. 12, 1999, 113 Stat. 1321.)
heading: Amendments
text: 1999—Pub. L. 106–96 struck out “and/or pears” after “any apples” and “or pears” after “such apples”.
heading: Short Title
text: Act June 10, 1933, ch. 59, § 11, as added by Pub. L. 106–96, § 1(a), Nov. 12, 1999, 113 Stat. 1321, provided that: “This Act [enacting this chapter] may be cited as the ‘Export Apple Act’.”.
7 U.S.C. § 582 (AGRICULTURE)
§ 582. Notice of establishment of standards; shipments under contracts made before adoption of standards
The Secretary shall give reasonable notice through one or more trade papers of the effective date of standards of export established or designated by him under this chapter: Provided, That any apples may be certified and shipped for export in fulfillment of any contract made within six months prior to the date of such shipment if the terms of such contract were in accordance with the grades and regulations of the Secretary in effect at the time the contract was made.
(June 10, 1933, ch. 59, § 2, 48 Stat. 123; Pub. L. 106–96, § 1(c)(2), Nov. 12, 1999, 113 Stat. 1321.)
heading: Amendments
text: 1999—Pub. L. 106–96 struck out “or pears” after “any apples”.
7 U.S.C. § 583 (AGRICULTURE)
§ 583. Foreign standards; certification of compliance
Where the government of the country to which the shipment is to be made has standards or requirements as to condition of apples, the Secretary may in addition to inspection and certification for compliance with the standards established or designated hereunder inspect and certify for determination as to compliance with the standards or requirements of such foreign government and may provide for special certificates in such cases.
(June 10, 1933, ch. 59, § 3, 48 Stat. 124; Pub. L. 106–96, § 1(c)(2), Nov. 12, 1999, 113 Stat. 1321.)
heading: Amendments
text: 1999—Pub. L. 106–96 struck out “or pears” after “of apples”.
7 U.S.C. § 584 (AGRICULTURE)
§ 584. Shipments of less than carload lots; exemptions
Apples in less than carload lots as defined by the Secretary may, in his discretion, be shipped to any foreign country without complying with the provisions of this chapter.
(June 10, 1933, ch. 59, § 4, 48 Stat. 124; Pub. L. 106–96, § 1(c)(2), Nov. 12, 1999, 113 Stat. 1321.)
heading: Amendments
text: 1999—Pub. L. 106–96 struck out “or pears” after “Apples”.
7 U.S.C. § 585 (AGRICULTURE)
§ 585. Fees for inspection and certification; certificates as prima facie evidence
For inspecting and certifying the grade, quality, and/or condition of apples, the Secretary shall cause to be collected a reasonable fee which shall as nearly as may be cover the cost of the service rendered: Provided, That when cooperative arrangements satisfactory to the Secretary, or his designated representative, for carrying out the purposes of this chapter cannot be made the fees collected hereunder in such cases shall be available until expended to defray the cost of the service rendered, and in such cases the limitations on the amounts expended for the purchase and maintenance of motor-propelled passenger-carrying vehicles shall not be applicable: Provided further, That certificates issued by the authorized agents of the United States Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained.
(June 10, 1933, ch. 59, § 5, 48 Stat. 124; Pub. L. 106–96, § 1(c)(1), Nov. 12, 1999, 113 Stat. 1321.)
heading: Amendments
text: 1999—Pub. L. 106–96 struck out “and/or pears” after “of apples”.
heading: Transfer of Functions
text: Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.
7 U.S.C. § 586 (AGRICULTURE)
§ 586. Refusal of certificates for violations of laws; penalties for violations
After opportunity for hearing the Secretary is authorized to refuse the issuance of certificates under this chapter for periods not exceeding ninety days to any person who ships or offers for shipment any apples in foreign commerce in violation of any of the provisions of this chapter. Any person or any common carrier or any transportation agency knowingly violating any of the provisions of this chapter shall be fined not less than $100 nor more than $10,000 by a court of competent jurisdiction.
(June 10, 1933, ch. 59, § 6, 48 Stat. 124; Pub. L. 106–96, § 1(c)(1), Nov. 12, 1999, 113 Stat. 1321.)
heading: Amendments
text: 1999—Pub. L. 106–96 struck out “and/or pears” after “any apples”.