dreamproit/uscode huggingface dataset:
7 U.S.C. § 6306 (AGRICULTURE)
§ 6306. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this chapter 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) 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 make a ruling on the petition that is the subject of the hearing, which shall be final if such ruling is in accordance with applicable law.
(b) Review
(1) Commencement of action
The district court of the United States in any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition of such person under such subsection, if a complaint for that purpose is filed not later than 20 days after the date of the entry of a ruling by the Secretary under such subsection (a).
(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) 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) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6307 of this title.
(Pub. L. 101–624, title XIX, § 1971, Nov. 28, 1990, 104 Stat. 3900.)
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. § 6308 (AGRICULTURE)
§ 6308. 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; and
(2) to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter, or any order, rule, or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, and issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 6306 or 6307 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such 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 such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.
(d) Contempt
Any failure to obey an order of the court under this section may be punished by such court as a contempt thereof.
(e) Process
Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.
(f) Hearing site
The site of any hearings held under section 6306 or 6307 of this title shall be within the judicial district where such person resides or has a principal place of business.
(Pub. L. 101–624, title XIX, § 1973, Nov. 28, 1990, 104 Stat. 3902.)
7 U.S.C. § 6309 (AGRICULTURE)
§ 6309. Administrative provisions
(a) Construction
Except as provided in subsection (b), nothing in this chapter may be construed to—
(1) preempt or supersede any other program relating to soybean promotion, research, consumer information, or industry information organized and operated under the laws of the United States or any State; or
(2) authorize the withholding of any information from Congress.
(b) State laws
(1) Referenda on qualified State soybean boards
To ensure the proper administration of this chapter, no State may conduct a referendum relating to the continuation or termination of a qualified State soybean board or State soybean assessment—
(A) during the period beginning on the date an order is issued under section 6303 of this title and ending 18 months after the referendum on such order is conducted under section 6305(a) of this title; or
(B) if such order is approved under the referendum conducted under section 6305(a) of this title by a majority of producers voting in such State, such State law shall be suspended for an additional 36 months.
(2) Exception
Paragraph (1) shall not be construed to apply to—
(A) a State referendum concerning the approval of modifications to a State soybean promotion program that does not involve termination of the qualified State soybean board or State soybean assessment; and
(B) any State referendum regarding a State soybean promotion program that is originated by soybean producers.
(3) Assessments collected by qualified State soybean boards
To ensure adequate funding of the operations of qualified State soybean boards under this chapter, whenever an order is in effect under this chapter, no State law or regulation that limits the rate of assessment that the qualified State soybean board in that State may collect from producers on soybeans produced in such State, or that has the effect of limiting such rate, may be applied to prohibit such State board from collecting, and expending for authorized purposes, assessments from producers of up to the full amount of the credit authorized for producer contributions to qualified State soybean boards under section 6304(l)(4) of this title.
(c) Amendments to orders
The provisions of this chapter applicable to orders shall be applicable to amendments to orders.
(Pub. L. 101–624, title XIX, § 1974, Nov. 28, 1990, 104 Stat. 3903; Pub. L. 102–237, title VIII, § 806(3), Dec. 13, 1991, 105 Stat. 1883.)
heading: Amendments
text: 1991—Subsec. (b). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments to orders, as (c).
Subsec. (b)(3). Pub. L. 102–237, § 806(3)(A), substituted “section 6304(l)(4)” for “section 6304(k)(4)”.
Subsec. (c). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments of orders, as (c).
7 U.S.C. § 6311 (AGRICULTURE)
§ 6311. Authorization of appropriations; regulations
(a) In general
There are authorized to be appropriated for each fiscal year such funds as are necessary to carry out this chapter.
(b) Administrative expenses
Funds appropriated under subsection (a) shall not be available for payment of the expenses or expenditures of the Board or the Committee in administering any provision of any order issued under this chapter.
(c) Regulations
The Secretary may issue such regulations as are necessary to carry out this chapter, including regulations relating to the assessment of late payment charges.
(Pub. L. 101–624, title XIX, § 1976, Nov. 28, 1990, 104 Stat. 3904.)
7 U.S.C. § 6409 (AGRICULTURE)
§ 6409. Assessments
(a) In general
The order shall provide that each fluid milk processor shall pay an assessment on each unit of fluid milk product that such person processes and markets commercially in consumer-type packages in the United States.
(b) No effect on producer prices
Such assessments shall not—
(1) reduce the prices paid under the Federal milk marketing orders issued under section 608c of this title;
(2) otherwise be deducted from the amounts that handlers must pay to producers for fluid milk products sold to a processor; or
(3) otherwise be deducted from the price of milk paid to a producer by a handler, as determined by the Secretary.
(c) Remitting assessments
(1) In general
Assessments required under subsection (a) shall be remitted by the fluid milk processor directly to the Board in accordance with the order and regulations issued by the Secretary.
(2) Time to remit assessment
Each processor who is responsible for the remittance of an assessment under paragraph (1) shall remit the assessment to the Board not later than the last day of the month following the month that the milk being assessed was marketed.
(3) Verification
Remittances shall be verified by market administrators and State regulatory officials, and local and State Agricultural Stabilization and Conservation Service offices, as provided by the Secretary.
(d) Limitation on assessments
Not more than one assessment may be assessed under this section for the purposes of this chapter on a processor for any unit of fluid milk product.
(e) Producer-handlers
Producer-handlers that are required to pay the assessment imposed under section 4504(g) of this title, and that are fluid milk processors, shall also be responsible for the additional assessment imposed by this section.
(f) Processor assessment rate
Except as provided in section 6415(b) of this title, the rate of assessment prescribed by the order shall be 20 cents per hundredweight of fluid milk products marketed.
(Pub. L. 101–624, title XIX, § 1999J, Nov. 28, 1990, 104 Stat. 3921; Pub. L. 103–72, § 2(b), Aug. 11, 1993, 107 Stat. 717.)
heading: Amendments
text: 1993—Subsec. (e). Pub. L. 103–72 inserted “, and that are fluid milk processors,” after “section 4504(g) of this title”.
7 U.S.C. § 6410 (AGRICULTURE)
§ 6410. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this chapter 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) Hearings
The petitioner shall be given the 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, which shall be final if in accordance with law.
(b) Review
(1) Commencement of action
The district courts of the United States in any district in which the person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
(2) Process
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that such ruling is not in accordance with 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.
(Pub. L. 101–624, title XIX, § 1999K, Nov. 28, 1990, 104 Stat. 3921.)
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. § 6412 (AGRICULTURE)
§ 6412. 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 has engaged or is engaging in any act that constitutes a violation of this chapter, or any order, rule, or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, and issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 6410 or 6411 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such 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 such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.
(d) Contempt
Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(e) Process
Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.
(f) Hearing site
The site of any hearings held under section 6410 or 6411 of this title shall be within the judicial district where such person resides or has a principal place of business.
(Pub. L. 101–624, title XIX, § 1999M, Nov. 28, 1990, 104 Stat. 3924.)
7 U.S.C. § 6413 (AGRICULTURE)
§ 6413. Requirement of initial referendum
(a) In general
Within the 60-day period immediately preceding the effective date of an order issued under section 6405(a) of this title, the Secretary shall conduct a referendum among fluid milk processors to ascertain whether the order shall go into effect.
(b) Implementation
If, as a result of the referendum conducted under subsection (a), the Secretary determines that implementation of the order is favored—
(1) by at least 50 percent of fluid milk processors voting in the referendum; and
(2) by fluid milk processors voting in the referendum that marketed during the representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;
the order shall become effective as provided in section 6405(b) of this title.
(c) Costs of referendum
The Secretary shall be reimbursed from any assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this chapter.
(d) Manner
(1) In general
Referenda conducted pursuant to this chapter shall be conducted in a manner determined by the Secretary.
(2) Advance registration
A fluid milk processor who chooses to vote in any referendum conducted under this chapter shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
(3) Voting
A fluid milk processor who votes in any referendum conducted under this chapter shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the vote of any processor shall be held strictly confidential.
(4) Notice
The Secretary shall notify all processors at least 30 days prior to a referendum conducted under this chapter. The notice shall explain the procedure established under this subsection.
(Pub. L. 101–624, title XIX, § 1999N, Nov. 28, 1990, 104 Stat. 3924; Pub. L. 104–127, title I, § 146(d)(1), Apr. 4, 1996, 110 Stat. 919.)
heading: Amendments
text: 1996—Subsec. (b)(2). Pub. L. 104–127 substituted “fluid milk processors voting in the referendum;” for “all processors;”.
7 U.S.C. § 6415 (AGRICULTURE)
§ 6415. Amendments
(a) Amendments to order
Subject to subsection (b), the Secretary may issue such amendments to an order as may be necessary to carry out this chapter.
(b) Amendment to assessment rates
(1) In general
The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on adjusting the assessment rate under the order issued under this chapter then in effect, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by all processors.
(2) Adjustment to assessment rate
The Secretary shall adjust the assessment rate under the order whenever the Secretary determines that the adjustment is favored—
(A) by at least 50 percent of fluid milk processors voting in the referendum; and
(B) by fluid milk processors that marketed during a representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors;
In no event shall the rate of assessment prescribed by the order exceed 20 cents per hundredweight.
(3) Effective date
The adjusted assessment rate shall be effective on a date, as determined by the Secretary, after the results of the referendum are known, but not later than 30 days after the referendum.
(4) Costs; manner
Subsections (c) and (d) of section 6413 of this title shall apply to a referendum conducted under this subsection.
(Pub. L. 101–624, title XIX, § 1999P, Nov. 28, 1990, 104 Stat. 3926.)
7 U.S.C. § 6503 (AGRICULTURE)
§ 6503. National organic production program
(a) In general
The Secretary shall establish an organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided for in this chapter.
(b) State program
In establishing the program under subsection (a), the Secretary shall permit each State to implement a State organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided for in this chapter.
(c) Consultation
In developing the program under subsection (a), and the National List under section 6517 of this title, the Secretary shall consult with the National Organic Standards Board established under section 6518 of this title.
(d) Certification
The Secretary shall implement the program established under subsection (a) through certifying agents. Such certifying agents may certify a farm or handling operation that meets the requirements of this chapter and the requirements of the organic certification program of the State (if applicable) as an organically certified farm or handling operation.
(Pub. L. 101–624, title XXI, § 2104, Nov. 28, 1990, 104 Stat. 3937.)
7 U.S.C. § 6505 (AGRICULTURE)
§ 6505. Compliance requirements
(a) Domestic products
(1) In general
On or after October 1, 1993—
(A) a person may sell or label an agricultural product as organically produced only if such product is produced and handled in accordance with this chapter; and
(B) no person may affix a label to, or provide other market information concerning, an agricultural product if such label or information implies, directly or indirectly, that such product is produced and handled using organic methods, except in accordance with this chapter.
(2) USDA standards and seal
A label affixed, or other market information provided, in accordance with paragraph (1) may indicate that the agricultural product meets Department of Agriculture standards for organic production and may incorporate the Department of Agriculture seal.
(b) Imported products
Imported agricultural products may be sold or labeled as organically produced if the Secretary determines that such products have been produced and handled under an organic certification program that provides safeguards and guidelines governing the production and handling of such products that are at least equivalent to the requirements of this chapter.
(c) Exemptions for processed food
Subsection (a) shall not apply to agricultural products that—
(1) contain at least 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word “organic” to be used on the principal display panel of such products only for the purpose of describing the organically produced ingredients; or
(2) contain less than 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word “organic” to appear on the ingredient listing panel to describe those ingredients that are organically produced in accordance with this chapter.
(d) Small farmer exemption
Subsection (a)(1) shall not apply to persons who sell no more than $5,000 annually in value of agricultural products.
(Pub. L. 101–624, title XXI, § 2106, Nov. 28, 1990, 104 Stat. 3937.)
7 U.S.C. § 6507 (AGRICULTURE)
§ 6507. State organic certification program
(a) In general
The governing State official may prepare and submit a plan for the establishment of a State organic certification program to the Secretary for approval. A State organic certification program must meet the requirements of this chapter to be approved by the Secretary.
(b) Additional requirements
(1) Authority
A State organic certification program established under subsection (a) may contain more restrictive requirements governing the organic certification of farms and handling operations and the production and handling of agricultural products that are to be sold or labeled as organically produced under this chapter than are contained in the program established by the Secretary.
(2) Content
Any additional requirements established under paragraph (1) shall—
(A) further the purposes of this chapter;
(B) not be inconsistent with this chapter;
(C) not be discriminatory towards agricultural commodities organically produced in other States in accordance with this chapter; and
(D) not become effective until approved by the Secretary.
(c) Review and other determinations
(1) Subsequent review
The Secretary shall review State organic certification programs not less than once during each 5-year period following the date of the approval of such programs.
(2) Changes in program
The governing State official, prior to implementing any substantive change to programs approved under this subsection, shall submit such change to the Secretary for approval.
(3) Time for determination
The Secretary shall make a determination concerning any plan, proposed change to a program, or a review of a program not later than 6 months after receipt of such plan, such proposed change, or the initiation of such review.
(Pub. L. 101–624, title XXI, § 2108, Nov. 28, 1990, 104 Stat. 3939.)