7 U.S.C. § 7958 (AGRICULTURE)
§ 7958. Miscellaneous provisions
(a) Mandatory inspection
All peanuts marketed in the United States shall be officially inspected and graded by Federal or Federal-State inspectors.
(b) Termination of Peanut Administrative Committee
The Peanut Administrative Committee established under Marketing Agreement No. 146 issued pursuant to the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is terminated.
(c) Peanut Standards Board
(1) Establishment and purpose
The Secretary shall establish a Peanut Standards Board for the purpose of advising the Secretary regarding the establishment of quality and handling standards for domestically produced and imported peanuts.
(2) Membership and appointment
(A) Total members
The Board shall consist of 18 members, with representation equally divided between peanut producers and peanut industry representatives.
(B) Appointment process for producers
The Secretary shall appoint—
(i) 3 producers from the Southeast (Alabama, Georgia, and Florida) peanut producing region;
(ii) 3 producers from the Southwest (Texas, Oklahoma, and New Mexico) peanut producing region; and
(iii) 3 producers from the Virginia/Carolina (Virginia and North Carolina) peanut producing region.
(C) Appointment process for industry representatives
The Secretary shall appoint 3 peanut industry representatives from each of the 3 peanut producing regions in the United States.
(3) Terms
(A) In general
A member of the Board shall serve a 3-year term.
(B) Initial appointment
In making the initial appointments to the Board, the Secretary shall stagger the terms of the members so that—
(i) 1 producer member and peanut industry member from each peanut producing region serves a 1-year term;
(ii) 1 producer member and peanut industry member from each peanut producing region serves a 2-year term; and
(iii) 1 producer member and peanut industry member from each peanut producing region serves a 3-year term.
(4) Consultation required
The Secretary shall consult with the Board in advance whenever the Secretary establishes or changes, or considers the establishment of or a change to, quality and handling standards for peanuts.
(5) Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.
(d) Priority
The Secretary shall make identifying and combating the presence of all quality concerns related to peanuts a priority in the development of quality and handling standards for peanuts and in the inspection of domestically produced and imported peanuts. The Secretary shall consult with appropriate Federal and State agencies to provide adequate safeguards against all quality concerns related to peanuts.
(e) Consistent standards
Imported peanuts shall be subject to the same quality and handling standards as apply to domestically produced peanuts.
(f) Authorization of appropriations
(1) In general
In addition to other funds that are available to carry out this section, there is authorized to be appropriated such sums as are necessary to carry out this section.
(2) Treatment of Board expenses
The expenses of the Peanut Standards Board shall not be counted toward any general limitation on the expenses of advisory committees, panels, commissions, and task forces of the Department of Agriculture, whether enacted before, on, or after May 13, 2002, unless the limitation specifically refers to this paragraph and specifically includes the Peanut Standards Board within the general limitation.
(g) Transition rule
(1) Temporary designation of Peanut Administrative Committee members
Notwithstanding the appointment process specified in subsection (c) for the Peanut Standards Board, during the transition period, the Secretary may designate persons serving as members of the Peanut Administrative Committee on the day before May 13, 2002, to serve as members of the Peanut Standards Board for the purpose of carrying out the duties of the Board described in this section.
(2) Funds
The Secretary may transfer any funds available to carry out the activities of the Peanut Administrative Committee to the Peanut Standards Board to carry out the duties of the Board described in this section.
(3) Transition period
In paragraph (1), the term “transition period” means the period beginning on May 13, 2002, and ending on the earlier of—
(A) the date the Secretary appoints the members of the Peanut Standards Board pursuant to subsection (c); or
(B) 180 days after May 13, 2002.
(h) Effective date
This section shall take effect with the 2002 crop of peanuts.
(Pub. L. 107–171, title I, § 1308, May 13, 2002, 116 Stat. 178.)
heading: References in Text
text: The Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, referred to in subsec. (b), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, as amended, which is classified generally to chapter 26 (§ 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables.
The Federal Advisory Committee Act, referred to in subsec. (c)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.