dreamproit/uscode huggingface dataset:
7 U.S.C. § 7108 (AGRICULTURE)
§ 7108. 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 chapter; or
(2) to determine whether any person subject to this chapter has engaged, or is about to engage, in any action that constitutes or will constitute a violation of this chapter, or of any order or regulation issued under this chapter.
(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 that are relevant to the inquiry. The 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 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. The court may issue an order requiring the person to appear before the Secretary to produce records 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. 103–407, § 9, Oct. 22, 1994, 108 Stat. 4226.)
7 U.S.C. § 7109 (AGRICULTURE)
§ 7109. Administrative provisions
(a) Construction
Nothing in this chapter preempts or supersedes any other program relating to sheep promotion, research, or information organized and operated under the laws of the United States or any State.
(b) Amendments to orders
The provisions of this chapter applicable to an order shall be applicable to amendments to the order, except that the Secretary is not required to conduct a referendum on a proposed amendment to an order.
(Pub. L. 103–407, § 10, Oct. 22, 1994, 108 Stat. 4226.)
7 U.S.C. § 7111 (AGRICULTURE)
§ 7111. 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 under subsection (a) of this section shall not be available for payment of the expenses or expenditures of the Board in administering any provision of any order issued under this chapter.
(Pub. L. 103–407, § 12, Oct. 22, 1994, 108 Stat. 4226.)
7 U.S.C. § 7201 (AGRICULTURE)
§ 7201. Short title and purpose
(a) Short title
This chapter may be cited as the “Agricultural Market Transition Act”.
(b) Purpose
It is the purpose of this chapter—
(1) to authorize the use of binding production flexibility contracts between the United States and agricultural producers to support farming certainty and flexibility while ensuring continued compliance with farm conservation and wetland protection requirements;
(2) to make nonrecourse marketing assistance loans and loan deficiency payments available for certain crops;
(3) to improve the operation of farm programs for milk, peanuts, and sugar; and
(4) to establish a commission to undertake a comprehensive review of past and future production agriculture in the United States.
(Pub. L. 104–127, title I, § 101, Apr. 4, 1996, 110 Stat. 896.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 896, which enacted this chapter and section 6933 of this title, amended sections 1308, 1308–1, 1308–3, 1358–1, 1358b, 1358c, 1359a, 1373, 1441, 1445j, 1508, 1516, 4504, 6401, 6402, 6413, 6414, and 6932 of this title and sections 713a–14, 714b, 714i, and 714k of Title 15, Commerce and Trade, repealed sections 1426, 1433f, 1441–2, 1444–2, 1444f, 1445b–3a, 1445c–3, 1445h, 1446e to 1446h, and 1519 of this title, enacted provisions set out as notes under sections 1373, 1446e, 1446e–1, and 1508 of this title, and repealed provisions set out as a note under section 1421 of this title. For complete classification of title I to the Code, see Tables.
heading: Short Title of 1998 Amendment
text: Pub. L. 105–228, § 1, Aug. 12, 1998, 112 Stat. 1516, provided that: “This Act [amending section 7212 of this title] may be cited as the ‘Emergency Farm Financial Relief Act’.”
heading: Short Title
text: Pub. L. 104–127, § 1(a), Apr. 4, 1996, 110 Stat. 888, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Agriculture Improvement and Reform Act of 1996’.”
heading: Severability
text: Pub. L. 104–127, title IX, § 928, Apr. 4, 1996, 110 Stat. 1197, provided that: “If any provision of this Act [see Short Title note above] or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act that can be given effect without regard to the invalid provision or application, and to this end the provisions of this Act are severable.”
7 U.S.C. § 7214 (AGRICULTURE)
§ 7214. Determination of contract payments under contracts
(a) Individual payment quantity of contract commodities
For each contract, the payment quantity of a contract commodity for each fiscal year shall be equal to the product of—
(1) 85 percent of the contract acreage; and
(2) the farm program payment yield.
(b) Annual payment quantity of contract commodities
The payment quantity of each contract commodity covered by all contracts for each fiscal year shall be equal to the sum of the amounts calculated under subsection (a) of this section for each individual contract.
(c) Annual payment rate
The payment rate for a contract commodity for each fiscal year shall be equal to—
(1) the amount made available under section 7213 of this title for the contract commodity for the fiscal year; divided by
(2) the amount determined under subsection (b) of this section for the fiscal year.
(d) Annual payment amount
The amount to be paid under a contract in effect for each fiscal year with respect to all contract commodities covered by the contract shall be equal to the sum of the products of—
(1) the payment quantity determined under subsection (a) of this section for each of the contract commodities covered by the contract; and
(2) the corresponding payment rate for the contract commodity in effect under subsection (c) of this section.
(e) Reduction in payment amount
The contract payment determined under subsection (d) of this section for an owner or producer for a fiscal year shall be immediately reduced by the amount of any repayment of deficiency payments that is required under section 114(a)(2) of the Agricultural Act of 1949 (7 U.S.C. 1445j(a)(2)) and is not repaid as of the date the contract payment is determined. The Secretary shall be required to collect the required repayment, or any claim based on the required repayment, as soon as the contract payment is determined.
(f) Assignment of contract payments
The provisions of section 590h(g) of title 16 (relating to assignment of payments) shall apply to contract payments under this section. The owner or producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require in the contract, of any assignment made under this subsection.
(g) Sharing of contract payments
The Secretary shall provide for the sharing of contract payments among the owners and producers subject to the contract on a fair and equitable basis.
(Pub. L. 104–127, title I, § 114, Apr. 4, 1996, 110 Stat. 901.)
7 U.S.C. § 7216 (AGRICULTURE)
§ 7216. Violations of contract
(a) Termination of contract for violation
Except as provided in subsection (b) of this section, if an owner or producer subject to a contract violates a requirement of the contract specified in section 7211(a) of this title, the Secretary shall terminate the contract with respect to the owner or producer on each farm in which the owner or producer has an interest. On the termination, the owner or producer shall forfeit all rights to receive future contract payments on each farm in which the owner or producer has an interest and shall refund to the Secretary all contract payments received by the owner or producer during the period of the violation, together with interest on the contract payments as determined by the Secretary.
(b) Refund or adjustment
If the Secretary determines that a violation does not warrant termination of the contract under subsection (a) of this section, the Secretary may require the owner or producer subject to the contract—
(1) to refund to the Secretary that part of the contract payments received by the owner or producer during the period of the violation, together with interest on the contract payments as determined by the Secretary; or
(2) to accept a reduction in the amount of future contract payments that is proportionate to the severity of the violation, as determined by the Secretary.
(c) Foreclosure
(1) Effect of foreclosure
An owner or producer subject to a contract may not be required to make repayments to the Secretary of amounts received under the contract if the contract acreage has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate to provide fair and equitable treatment.
(2) Resumption of operation
This subsection shall not void the responsibilities of the owner or producer under the contract if the owner or producer continues or resumes operation, or control, of the contract acreage. On the resumption of operation or control over the contract acreage by the owner or producer, the provisions of the contract in effect on the date of the foreclosure shall apply.
(d) Review
A determination of the Secretary under this section shall be considered to be an adverse decision for purposes of the availability of administrative review of the determination.
(Pub. L. 104–127, title I, § 116, Apr. 4, 1996, 110 Stat. 903.)
7 U.S.C. § 7217 (AGRICULTURE)
§ 7217. Transfer or change of interest in lands subject to contract
(a) Termination
Except as provided in subsection (c) of this section, a transfer of (or change in) the interest of an owner or producer subject to a contract in the contract acreage covered by the contract shall result in the termination of the contract with respect to the acreage, unless the transferee or owner of the acreage agrees to assume all obligations under the contract. The termination shall be effective on the date of the transfer or change.
(b) Modification
At the request of the transferee or owner, the Secretary may modify the contract if the modifications are consistent with the objectives of this subchapter, as determined by the Secretary.
(c) Exception
If an owner or producer who is entitled to a contract payment dies, becomes incompetent, or is otherwise unable to receive the contract payment, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary.
(Pub. L. 104–127, title I, § 117, Apr. 4, 1996, 110 Stat. 904.)
7 U.S.C. § 7218 (AGRICULTURE)
§ 7218. Planting flexibility
(a) Permitted crops
Subject to subsection (b) of this section, any commodity or crop may be planted on contract acreage on a farm.
(b) Limitations and exceptions regarding fruits and vegetables
(1) Limitations
The planting of fruits and vegetables (other than lentils, mung beans, and dry peas) shall be prohibited on contract acreage.
(2) Exceptions
Paragraph (1) shall not limit the planting of a fruit or vegetable—
(A) in any region in which there is a history of double-cropping of contract commodities with fruits or vegetables, as determined by the Secretary, in which case the double-cropping shall be permitted;
(B) on a farm that the Secretary determines has a history of planting fruits or vegetables on contract acreage, except that a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable; or
(C) by a producer who the Secretary determines has an established planting history of a specific fruit or vegetable, except that—
(i) the quantity planted may not exceed the producer’s average annual planting history of the fruit or vegetable in the 1991 through 1995 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and
(ii) a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable.
(Pub. L. 104–127, title I, § 118, Apr. 4, 1996, 110 Stat. 904.)
heading: Contract Payments for Wild Rice Acreage
text: Pub. L. 106–78, title VII, § 727, Oct. 22, 1999, 113 Stat. 1164, provided that: “None of the funds appropriated or otherwise available to the Department of Agriculture in fiscal year 2000 or thereafter may be used to administer the provision of contract payments to a producer under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) for contract acreage on which wild rice is planted unless the contract payment is reduced by an acre for each contract acre planted to wild rice.”
Similar provisions were contained in the following prior appropriations acts:
Pub. L. 105–277, div. A, § 101(a) [title VII, § 727], Oct. 21, 1998, 112 Stat. 2681, 2681–28.
Pub. L. 105–86, title VII, § 734, Nov. 18, 1997, 111 Stat. 2110.
7 U.S.C. § 7231 (AGRICULTURE)
§ 7231. Availability of nonrecourse marketing assistance loans
(a) Nonrecourse loans available
For each of the 1996 through 2002 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm. The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 7232 of this title for the loan commodity.
(b) Eligible production
The following production shall be eligible for a marketing assistance loan under subsection (a) of this section:
(1) In the case of a marketing assistance loan for a contract commodity, any production by a producer on a farm containing eligible cropland covered by a production flexibility contract.
(2) In the case of a marketing assistance loan for extra long staple cotton and oilseeds, any production.
(c) Compliance with conservation and wetlands requirements
As a condition of the receipt of a marketing assistance loan under subsection (a) of this section, the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of the Act (16 U.S.C. 3821 et seq.) during the term of the loan.
(d) Additional outlays prohibited
The Secretary shall carry out this subchapter in such a manner that there are no additional outlays under this subchapter as a result of the reconstitution of a farm that occurs as a result of the combination of another farm that does not contain eligible cropland covered by a production flexibility contract.
(Pub. L. 104–127, title I, § 131, Apr. 4, 1996, 110 Stat. 905.)
heading: References in Text
text: The Food Security Act of 1985, referred to in subsec. (c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subtitles B and C of title XII of the Act are classified generally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively, of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.
7 U.S.C. § 7233 (AGRICULTURE)
§ 7233. Term of loans
(a) Term of loan
In the case of each loan commodity (other than upland cotton or extra long staple cotton), a marketing assistance loan under section 7231 of this title shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made.
(b) Special rule for cotton
A marketing assistance loan for upland cotton or extra long staple cotton shall have a term of 10 months beginning on the first day of the month in which the loan is made.
(c) Extensions prohibited
The Secretary may not extend the term of a marketing assistance loan for any loan commodity.
(Pub. L. 104–127, title I, § 133, Apr. 4, 1996, 110 Stat. 907.)
7 U.S.C. § 7236a (AGRICULTURE)
§ 7236a. Special competitive provisions for extra long staple cotton
(a) Competitiveness program
Notwithstanding any other provision of law, during the period beginning on October 1, 1999, and ending on July 31, 2003, the Secretary shall carry out a program to maintain and expand the domestic use of extra long staple cotton produced in the United States, to increase exports of extra long staple cotton produced in the United States, and to ensure that extra long staple cotton produced in the United States remains competitive in world markets.
(b) Payments under program; trigger
Under the program, the Secretary shall make payments available under this section whenever—
(1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and
(2) the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 134 percent of the loan rate for extra long staple cotton.
(c) Eligible recipients
The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States who enter into an agreement with the Commodity Credit Corporation to participate in the program under this section.
(d) Payment amount
Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) of this section during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period.
(e) Form of payment
Payments under this section shall be made through the issuance of cash or marketing certificates, at the option of eligible recipients of the payments.
(Pub. L. 104–127, title I, § 136A, as added Pub. L. 106–113, div. B, § 1000(a)(5) [title I, § 104(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–291.)
7 U.S.C. § 7252 (AGRICULTURE)
§ 7252. Repealed. Pub. L. 107–76, title VII, § 772(b), Nov. 28, 2001, 115 Stat. 745
text: Section, Pub. L. 104–127, title I, § 142, Apr. 4, 1996, 110 Stat. 915; Pub. L. 106–78, title VIII, § 807(b), Oct. 22, 1999, 113 Stat. 1181; Pub. L. 106–387, § 1(a) [title VII, § 742(b)], Oct. 28, 2000, 114 Stat. 1549, 1549A–35, related to recourse loan program for commercial processors of dairy products.
7 U.S.C. § 7254 (AGRICULTURE)
§ 7254. Effect on fluid milk standards in State of California
Nothing in this Act or any other provision of law shall be construed to preempt, prohibit, or otherwise limit the authority of the State of California, directly or indirectly, to establish or continue to effect any law, regulation, or requirement regarding—
(1) the percentage of milk solids or solids not fat in fluid milk products sold at retail or marketed in the State of California; or
(2) the labeling of such fluid milk products with regard to milk solids or solids not fat.
(Pub. L. 104–127, title I, § 144, Apr. 4, 1996, 110 Stat. 917.)
7 U.S.C. § 7255 (AGRICULTURE)
§ 7255. Milk manufacturing marketing adjustment
(a) Maximum allowances established
No State shall provide for a manufacturing allowance for the processing of milk in excess of—
(1) $1.65 per hundredweight of milk for milk manufactured into butter and nonfat dry milk; and
(2) $1.80 per hundredweight of milk for milk manufactured into cheese.
(b) “Manufacturing allowance” defined
In this section, the term “manufacturing allowance” means—
(1) the amount by which the product price value of butter and nonfat dry milk manufactured from a hundred pounds of milk containing 3.5 pounds of butterfat and 8.7 pounds of milk solids not fat resulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce those products; or
(2) the amount by which the product price value of cheese manufactured from a hundred pounds of milk containing 3.5 pounds of butterfat and 8.7 pounds of milk solids not fat resulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce cheese.
(c) Effect of violation
If the Secretary determines following a hearing that a State has in effect a manufacturing allowance that exceeds the manufacturing allowance authorized in subsection (a) of this section, the Secretary shall suspend purchases of cheddar cheese, butter, and nonfat dry milk produced in that State until such time as the State complies with such subsection.
(d) Effective date; implementation
This section (other than subsection (e) 1 of this section) shall be effective during the period beginning on the first day of the first month beginning after April 4, 1996, and ending on December 31, 1999. During that period, the Secretary may exercise the authority provided to the Secretary under this section without regard to the issuance of regulations intended to carry out this section.
(Pub. L. 104–127, title I, § 145, Apr. 4, 1996, 110 Stat. 917.)
heading: Codification
text: Section is comprised of section 145 of Pub. L. 104–127. Subsec. (e) of section 145 of Pub. L. 104–127 repealed section 1446e–1 of this title and enacted provisions set out as a note under section 1446e–1 of this title.
7 U.S.C. § 7257 (AGRICULTURE)
§ 7257. Authority to assist in establishment and maintenance of one or more export trading companies
The Secretary of Agriculture shall, consistent with the obligations of the United States as a member of the World Trade Organization, provide such advice and assistance to the United States dairy industry as may be necessary to enable that industry to establish and maintain one or more export trading companies under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for and exportation of dairy products produced in the United States.
(Pub. L. 104–127, title I, § 149, Apr. 4, 1996, 110 Stat. 921.)
heading: References in Text
text: The Export Trading Company Act of 1982, referred to in text, is title I of Pub. L. 97–290, Oct. 8, 1982, 96 Stat. 1233, as amended, which is classified generally to subchapter I (§ 4001 et seq.) of chapter 66 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 15 and Tables.