dreamproit/uscode huggingface dataset:
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) 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. § 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), 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) 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. § 7258 (AGRICULTURE)
§ 7258. Standby authority to indicate entity best suited to provide international market development and export services
(a) Indication of entity best suited to assist international market development for and export of United States dairy products
The Secretary of Agriculture shall indicate which entity or entities autonomous of the Government of the United States, which seeks such a designation, is best suited to facilitate the international market development for and exportation of United States dairy products, if the Secretary determines that—
(1) the United States dairy industry has not established an export trading company 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 an exportation of dairy products produced in the United States on or before June 30, 1997; or
(2) the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1998 does not exceed the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1997 by 1.5 billion pounds (milk equivalent, total solids basis).
(b) Funding of export activities
The Secretary shall assist the entity or entities identified under subsection (a) in identifying sources of funding for the activities specified in subsection (a) from within the dairy industry and elsewhere.
(c) Application of section
This section shall apply only during the period beginning on July 1, 1997 and ending on September 30, 2000.
(Pub. L. 104–127, title I, § 150, Apr. 4, 1996, 110 Stat. 921.)
heading: References in Text
text: The Export Trading Company Act of 1982, referred to in subsec. (a)(1), 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.
7 U.S.C. § 7285 (AGRICULTURE)
§ 7285. Commodity Credit Corporation sales price restrictions
(a) General sales authority
The Commodity Credit Corporation may sell any commodity owned or controlled by the Corporation at any price that the Secretary determines will maximize returns to the Corporation.
(b) Nonapplication of sales price restrictions
Subsection (a) shall not apply to—
(1) a sale for a new or byproduct use;
(2) a sale of peanuts or oilseeds for the extraction of oil;
(3) a sale for seed or feed if the sale will not substantially impair any loan program;
(4) a sale of a commodity that has substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage;
(5) a sale for the purpose of establishing a claim arising out of a contract or against a person who has committed fraud, misrepresentation, or other wrongful act with respect to the commodity;
(6) a sale for export, as determined by the Corporation; and
(7) a sale for other than a primary use.
(c) Presidential disaster areas
(1) In general
Notwithstanding subsection (a), on such terms and conditions as the Secretary may consider in the public interest, the Corporation may make available any commodity or product owned or controlled by the Corporation for use in relieving distress—
(A) in any area in the United States (including the Virgin Islands) declared by the President to be an acute distress area because of unemployment or other economic cause, if the President finds that the use will not displace or interfere with normal marketing of agricultural commodities; and
(B) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) Costs
Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making a commodity available under paragraph (1) beyond the cost of the commodity to the Corporation incurred in—
(A) the storage of the commodity; and
(B) the handling and transportation costs in making delivery of the commodity to designated agencies at 1 or more central locations in each State or other area.
(d) Efficient operations
Subsection (a) shall not apply to the sale of a commodity the disposition of which is desirable in the interest of the effective and efficient conduct of the operations of the Corporation because of the small quantity of the commodity involved, or because of the age, location, or questionable continued storability of the commodity.
(Pub. L. 104–127, title I, § 165, Apr. 4, 1996, 110 Stat. 936.)
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(B), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
7 U.S.C. § 7312 (AGRICULTURE)
§ 7312. Composition
(a) Membership and appointment
The Commission shall be composed of 11 members, appointed as follows:
(1) Three members shall be appointed by the President.
(2) Four members shall be appointed by the Chairman of the Committee on Agriculture of the House of Representatives in consultation with the ranking minority member of the Committee.
(3) Four members shall be appointed by the Chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate in consultation with the ranking minority member of the Committee.
(b) Qualifications
At least 1 of the members appointed under each of paragraphs (1), (2), and (3) of subsection (a) shall be an individual who is primarily involved in production agriculture. All other members of the Commission shall be appointed from among individuals having knowledge and experience in agricultural production, marketing, finance, or trade.
(c) Term of members; vacancies
A member of the Commission shall be appointed for the life of the Commission. A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made.
(d) Time for appointment; first meeting
The members of the Commission shall be appointed not later than October 1, 1997. The Commission shall convene its first meeting to carry out its duties under this subchapter 30 days after 6 members of the Commission have been appointed.
(e) Chairperson
The chairperson of the Commission shall be designated jointly by the Chairman of the Committee on Agriculture of the House of Representatives and the Chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate from among the members of the Commission.
(Pub. L. 104–127, title I, § 182, Apr. 4, 1996, 110 Stat. 938.)
7 U.S.C. § 7314 (AGRICULTURE)
§ 7314. Reports
(a) Report on initial review
Not later than June 1, 1998, the Commission shall submit to the President, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the initial review conducted under section 7313(a) of this title.
(b) Report on subsequent review
Not later than January 1, 2001, the Commission shall submit to the President and the congressional committees specified in subsection (a) a report containing the results of the subsequent review conducted under section 7313(b) of this title.
(Pub. L. 104–127, title I, § 184, Apr. 4, 1996, 110 Stat. 940.)
7 U.S.C. § 7416a (AGRICULTURE)
§ 7416a. Confirmation of authority of Secretary of Agriculture to collect State commodity assessments
(a) Collection from marketing assistance loans
The Secretary of Agriculture shall collect commodity assessments from the proceeds of a marketing assistance loan for a producer if the assessment is required to be paid by the producer or the first purchaser of a commodity pursuant to a State law or pursuant to an authority administered by the Secretary. This collection authority does not extend to a State tax or other revenue collection activity by a State.
(b) Collection pursuant to agreement
The collection of an assessment under subsection (a) shall be made as specified in an agreement between the Secretary of Agriculture and the State requesting the collection.
(c) Prohibition on charging certain fees
The Secretary may not charge any fees or related costs for the collection of commodity assessments pursuant to this section.
(Pub. L. 108–470, § 1, Dec. 21, 2004, 118 Stat. 3894; Pub. L. 110–234, title I, § 1616, May 22, 2008, 122 Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1616, June 18, 2008, 122 Stat. 1664, 1749.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Section was not enacted as part of the Commodity Promotion, Research, and Information Act of 1996 which comprises this subchapter.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246, § 1616(1), substituted “shall” for “may”.
Subsec. (c). Pub. L. 110–246, § 1616(2), added subsec. (c).
heading: Effective Date of 2008 Amendment
text: Amendment 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 an Effective Date note under section 8701 of this title.
7 U.S.C. § 7418 (AGRICULTURE)
§ 7418. Petition and review of orders
(a) Petition
(1) In general
A person subject to an order issued under this subchapter 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) Hearing
The Secretary shall give the petitioner an 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. The ruling shall be final, subject to review as set forth in subsection (b).
(4) Limitation on petition
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 court of the United States for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review the final ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the final ruling by the Secretary under subsection (a)(3).
(2) Process
Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.
(3) Remands
If the court determines that the ruling 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 determines to be in accordance with law; or
(B) to take such further action as, in the opinion of the court, the law requires.
(c) Effect on enforcement proceedings
The pendency of a petition filed under subsection (a) or an action commenced under subsection (b) shall not operate as a stay of any action authorized by section 7419 of this title to be taken to enforce this subchapter, including any rule, order, or penalty in effect under this subchapter.
(Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.)
7 U.S.C. § 7420 (AGRICULTURE)
§ 7420. 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 subchapter; or
(2) to determine whether any person subject to this subchapter has engaged, or is about to engage, in any action that constitutes or will constitute a violation of this subchapter or any order or regulation issued under this subchapter.
(b) Subpoenas, oaths, and affirmations
For the purpose of any investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records or documents that are relevant to the inquiry. The attendance of witnesses and the production of records or documents 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 or documents. The court may issue an order requiring the person to appear before the Secretary to produce records or documents 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. 104–127, title V, § 521, Apr. 4, 1996, 110 Stat. 1047.)
7 U.S.C. § 7443 (AGRICULTURE)
§ 7443. Issuance and amendment of orders
(a) In general
Subject to subsection (b), the Secretary shall issue 1 or more orders under this subchapter applicable to producers and first purchasers of canola, rapeseed, or canola or rapeseed products. The order shall be national in scope. Not more than 1 order shall be in effect under this subchapter at any 1 time.
(b) Procedure
(1) Proposal or request for issuance
The Secretary may propose the issuance of an order under this subchapter, or an association of canola and rapeseed producers or any other person that would be affected by an order issued pursuant to this subchapter may request the issuance of, and submit a proposal for, an order.
(2) Notice and comment concerning proposed order
Not later than 60 days after the receipt of a request and proposal for an order pursuant to paragraph (1), or whenever the Secretary determines to propose an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.
(3) Issuance of order
After notice and opportunity for public comment are given as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this subchapter. The order shall be issued and become effective not later than 180 days following publication of the proposed order.
(c) Amendments
The Secretary may amend an order issued under this section.
(Pub. L. 104–127, title V, § 534, Apr. 4, 1996, 110 Stat. 1050.)
7 U.S.C. § 7447 (AGRICULTURE)
§ 7447. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this subchapter may file with the Secretary a petition—
(A) stating that the order, a provision of the order, or an 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 issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law.
(4) Limitation on petition
Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.
(b) Review
(1) Commencement of action
The district court of the United States for 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, if a complaint is filed by the person not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a)(3).
(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 7448 of this title.
(Pub. L. 104–127, title V, § 538, Apr. 4, 1996, 110 Stat. 1060.)
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.