dreamproit/uscode huggingface dataset:
7 U.S.C. § 7758 (AGRICULTURE)
§ 7758. Repeal of superseded laws
(a) , (b) Omitted
(c) Effect on regulations
Regulations issued under the authority of a provision of law repealed by subsection (a) of this section 1 shall remain in effect until such time as the Secretary issues a regulation under section 7754 of this title that supersedes the earlier regulation.
(Pub. L. 106–224, title IV, § 438, June 20, 2000, 114 Stat. 454.)
heading: Codification
text: Section is comprised of section 438 of Pub. L. 106–224. Subsec. (a) of section 438 of Pub. L. 106–224 amended section 7759 of this title and repealed sections 148, 148a, 148c to 148f, 149, 150, 150a to 150g, 150aa to 150jj, 151 to 154, 156 to 164, 164a, 167, 1651 to 1656, and 2801 to 2813 of this title, and provisions set out as notes under sections 147a, 150, 150aa, 151, and 1651 of this title. Subsec. (b) of section 438 amended section 129a of Title 21, Food and Drugs.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 7761 (AGRICULTURE)
§ 7761. National Clean Plant Network
(a) In general
The Secretary shall establish a program to be known as the “National Clean Plant Network” (referred to in this section as the “Program”).
(b) Requirements
Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services to—
(1) produce clean propagative plant material; and
(2) maintain blocks of pathogen-tested plant material in sites located throughout the United States.
(c) Availability of clean plant source material
Clean plant source material may be made available to—
(1) a State for a certified plant program of the State; and
(2) private nurseries and producers.
(d) Consultation and collaboration
In carrying out the Program, the Secretary shall—
(1) consult with State departments of agriculture, land grant universities, and NLGCA Institutions (as defined in section 3103 of this title); and
(2) to the extent practicable and with input from the appropriate State officials and industry representatives, use existing Federal or State facilities to serve as clean plant centers.
(e) Funding
(1) Fiscal years 2009 through 2012
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out the Program $5,000,000 for each of fiscal years 2009 through 2012, to remain available until expended.
(2) Fiscal year 2013
There is authorized to be appropriated to carry out the Program $5,000,000 for fiscal year 2013.
(Pub. L. 110–234, title X, § 10202, May 22, 2008, 122 Stat. 1342; Pub. L. 110–246, § 4(a), title X, § 10202, June 18, 2008, 122 Stat. 1664, 2104; Pub. L. 112–240, title VII, § 701(g)(2), Jan. 2, 2013, 126 Stat. 2366.)
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 the Plant Protection Act which comprises this chapter.
heading: Amendments
text: 2013—Subsec. (e). Pub. L. 112–240 designated existing provisions as par. (1), inserted heading, and added par. (2).
heading: Effective Date of 2013 Amendment
text: Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.
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: Definitions
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of this title.
“State department of agriculture” as meaning the agency, commission, or department of a State government responsible for protecting and promoting agriculture in the State, see section 10001(2) of Pub. L. 110–246, set out as a note under section 1622b of this title.
7 U.S.C. § 7771 (AGRICULTURE)
§ 7771. Authorization of appropriations
There are authorized to be appropriated such amounts as may be necessary to carry out this chapter. Except as specifically authorized by law, no part of the money appropriated under this section shall be used to pay indemnities for property injured or destroyed by or at the direction of the Secretary.
(Pub. L. 106–224, title IV, § 441, June 20, 2000, 114 Stat. 455.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 7782 (AGRICULTURE)
§ 7782. Establishment of program
(a) In general
The Secretary shall establish a program to provide financial and technical assistance to control or eradicate noxious weeds.
(b) Grants
Subject to the availability of appropriations under section 7786(a) of this title, the Secretary shall make grants under section 7783 of this title to weed management entities for the control or eradication of noxious weeds.
(c) Agreements
Subject to the availability of appropriations under section 7786(b) of this title, the Secretary shall enter into agreements under section 7784 of this title with weed management entities to provide financial and technical assistance for the control or eradication of noxious weeds.
(Pub. L. 106–224, title IV, § 453, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2321.)
7 U.S.C. § 7785 (AGRICULTURE)
§ 7785. Relationship to other programs
Funds under this Act (other than those made available for section 7784(f) of this title) are intended to supplement, not replace, assistance available to weed management entities, areas, and districts for control or eradication of noxious weeds on Federal lands and non-Federal lands. The provision of funds to a weed management entity under this Act (other than those made available for section 7784(f) of this title) shall have no effect on the amount of any payment received by a county from the Federal Government under chapter 69 of title 31.
(Pub. L. 106–224, title IV, § 456, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2324.)
heading: References in Text
text: This Act, referred to in text, probably means the Noxious Weed Control and Eradication Act of 2004, subtitle E (§§ 451–457) of title IV of Pub. L. 106–224, as added by Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2320, which enacted this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables.
7 U.S.C. § 7786 (AGRICULTURE)
§ 7786. Authorization of appropriations
(a) Grants
To carry out section 7783 of this title, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs.
(b) Agreements
To carry out section 7784 of this title, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs of Federal agencies.
(Pub. L. 106–224, title IV, § 457, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2324.)
7 U.S.C. § 7801 (AGRICULTURE)
§ 7801. Findings and declaration of policy
(a) Findings
Congress finds the following:
(1) Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions.
(2) Hass avocados are a significant tree fruit crop grown by many individual producers, but virtually all domestically produced Hass avocados for the commercial market are grown in the State of California.
(3) Hass avocados move in interstate and foreign commerce, and Hass avocados that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce in Hass avocados.
(4) In recent years, large quantities of Hass avocados have been imported into the United States from other countries.
(5) The maintenance and expansion of markets in existence on October 28, 2000, and the development of new or improved markets or uses for Hass avocados are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers and other persons associated with the producing, marketing, processing, and consuming of Hass avocados.
(6) An effective and coordinated program of promotion, research, industry information, and consumer information regarding Hass avocados is necessary for the maintenance, expansion, and development of domestic markets for Hass avocados.
(b) Purpose
It is the purpose of this chapter to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for the development and financing (through an adequate assessment on Hass avocados sold by producers and importers in the United States) of an effective and coordinated program of promotion, research, industry information, and consumer information, including funds for marketing and market research activities, that is designed to—
(1) strengthen the position of the Hass avocado industry in the domestic marketplace; and
(2) maintain, develop, and expand markets and uses for Hass avocados in the domestic marketplace.
(c) Limitation
Nothing in this chapter may be construed to provide for the control of production or otherwise limit the right of any person to produce, handle, or import Hass avocados.
(Pub. L. 106–387, § 1(a) [title XII, § 1202], Oct. 28, 2000, 114 Stat. 1549, 1549A–79.)
heading: Short Title
text: Pub. L. 106–387, § 1(a) [title XII, § 1201], Oct. 28, 2000, 114 Stat. 1549, 1549A–79, provided that: “This title [enacting this chapter] may be cited as the ‘Hass Avocado Promotion, Research, and Information Act of 2000’.”
7 U.S.C. § 7803 (AGRICULTURE)
§ 7803. Issuance of orders
(a) In general
(1) Issuance
To effectuate the policy of this chapter specified in section 7801(b) of this title, the Secretary, subject to the procedures provided in subsection (b) of this section, shall issue orders under this chapter applicable to producers, importers, and first handlers of Hass avocados.
(2) Scope
Any order shall be national in scope.
(3) One order
Not more than one order shall be in effect at any one time.
(b) Procedures
(1) Proposal for an order
An existing organization of avocado producers established pursuant to a State statute, or any other person who will be affected by this chapter, may request the issuance of, and submit a proposal for an order.
(2) Publication of proposal
The Secretary shall publish a proposed order and give notice and opportunity for public comment on the proposed order not later than 60 days after receipt by the Secretary of a proposal for an order from an existing organization of avocado producers established pursuant to a State statute, as provided in paragraph (1).
(3) Issuance of order
(A) In general
After notice and opportunity for public comment are provided in accordance with paragraph (2), the Secretary shall issue the order, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order is in conformity with this chapter.
(B) Effective date
The order shall be issued and become effective only after an affirmative vote in a referendum as provided in section 7805 of this title, but not later than 180 days after publication of the proposed order.
(c) Amendments
The Secretary, from time to time, may amend an order. The provisions of this chapter applicable to an order shall be applicable to any amendment to an order.
(Pub. L. 106–387, § 1(a) [title XII, § 1204], Oct. 28, 2000, 114 Stat. 1549, 1549A–81.)
7 U.S.C. § 7806 (AGRICULTURE)
§ 7806. Petition and review
(a) Petition and hearing
(1) Petition
A person subject to an order 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 in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearing
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. Any such hearing shall be conducted in accordance with section 7808(b)(2) of this title and be held within the United States judicial district in which the residence or principal place of business of the person is located.
(3) Ruling
After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(4) Limitation
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 courts of the United States in any district in which a person who is a petitioner under subsection (a) of this section resides or conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed no later than 20 days after the date of the entry of the ruling by the Secretary.
(2) Process
Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remand
If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person 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 shall determine to be in accordance with law; or
(B) to take such further action as, in the opinion the court, the law requires.
(c) Enforcement
The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 7807 of this title.
(Pub. L. 106–387, § 1(a) [title XII, § 1207], Oct. 28, 2000, 114 Stat. 1549, 1549A–92.)
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. § 7808 (AGRICULTURE)
§ 7808. Investigations and power to subpoena
(a) Investigations
The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this chapter, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter or any order or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) Investigations
For the purpose of conducting an 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 production of the records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 7806(a)(2) or 7807(c)(3) of this title, the presiding officer 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 the records may be required from any place in the United States.
(c) Aid of courts
(1) In general
In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) of this section 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 conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b) of this section.
(2) Order
The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1).
(3) Failure to obey
Any failure to obey the order of the court may be punished by the court as a contempt of court.
(4) Process
Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business, or wherever the person may be found.
(Pub. L. 106–387, § 1(a) [title XII, § 1209], Oct. 28, 2000, 114 Stat. 1549, 1549A–95.)
7 U.S.C. § 7809 (AGRICULTURE)
§ 7809. Confidentiality
(a) Prohibition
No information regarding names of voters or how a person voted in a referendum conducted under this chapter shall be made public.
(b) Penalty
Any person who knowingly violates subsection (a) of this section or the confidentiality terms of an order, as described in section 7804(m)(2) of this title, shall be subject to a fine of not less that $1,000 nor more than $10,000 or to imprisonment for not more than 1 year, or both. If the person is an officer or employee of the Department of Agriculture or the Board, the person shall be removed from office.
(c) Additional prohibition
No information obtained under this chapter may be made available to any agency or officer of the Federal Government for any purpose other than the implementation of this chapter or an investigatory or enforcement action necessary for the implementation of this chapter.
(d) Withholding information from Congress prohibited
Nothing in this chapter shall be construed to authorize the withholding of information from Congress.
(Pub. L. 106–387, § 1(a) [title XII, § 1210], Oct. 28, 2000, 114 Stat. 1549, 1549A–96.)
7 U.S.C. § 7810 (AGRICULTURE)
§ 7810. Authority for Secretary to suspend or terminate order
(a) Grounds for suspension or termination
If the Secretary finds that an order, or any provision of the order, obstructs or does not tend to effectuate the policy of this chapter specified in section 7801(b) of this title, the Secretary shall terminate or suspend the operation of the order or provision under such terms as the Secretary determines are appropriate.
(b) Effect of lack of approval of order
If, as a result of a referendum, the Secretary determines that the order is not approved, the Secretary shall, within 180 days after making the determination, suspend, or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as possible.
(Pub. L. 106–387, § 1(a) [title XII, § 1211], Oct. 28, 2000, 114 Stat. 1549, 1549A–96.)
7 U.S.C. § 7811 (AGRICULTURE)
§ 7811. Rules of construction
(a) Termination or suspension not an order
The termination or suspension of an order, or a provision of an order, shall not be considered an order under the meaning of this chapter.
(b) Rights
This chapter—
(1) may not be construed to provide for control of production or otherwise limit the right of individual Hass avocado growers, handlers and importers to produce, handle, or import Hass avocados; and
(2) shall be construed to treat all persons producing, handling, and importing Hass avocados fairly and to implement any order in an equitable manner.
(c) Other programs
Nothing in this chapter may be construed to preempt or supersede any other program relating to Hass avocado promotion, research, industry information, and consumer information organized and operated under the laws of the United States or of a State.
(Pub. L. 106–387, § 1(a) [title XII, § 1212], Oct. 28, 2000, 114 Stat. 1549, 1549A–96.)
7 U.S.C. § 7812 (AGRICULTURE)
§ 7812. Regulations
The Secretary may issue such regulations as are necessary to carry out this chapter and the powers vested in the Secretary by this chapter, including regulations relating to the assessment of late payment charges and interest.
(Pub. L. 106–387, § 1(a) [title XII, § 1213], Oct. 28, 2000, 114 Stat. 1549, 1549A–97.)
7 U.S.C. § 7813 (AGRICULTURE)
§ 7813. 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 may not be used for the payment of the expenses or expenditures of the Board in administering a provision of an order.
(Pub. L. 106–387, § 1(a) [title XII, § 1214], Oct. 28, 2000, 114 Stat. 1549, 1549A–97.)