dreamproit/uscode huggingface dataset:
7 U.S.C. § 6513 (AGRICULTURE)
§ 6513. Organic plan
(a) In general
A producer or handler seeking certification under this chapter shall submit an organic plan to the certifying agent and the State organic certification program (if applicable), and such plan shall be reviewed by the certifying agent who shall determine if such plan meets the requirements of the programs.
(b) Crop production farm plan
(1) Soil fertility
An organic plan shall contain provisions designed to foster soil fertility, primarily through the management of the organic content of the soil through proper tillage, crop rotation, and manuring.
(2) Manuring
(A) Inclusion in organic plan
An organic plan shall contain terms and conditions that regulate the application of manure to crops.
(B) Application of manure
Such organic plan may provide for the application of raw manure only to—
(i) any green manure crop;
(ii) any perennial crop;
(iii) any crop not for human consumption; and
(iv) any crop for human consumption, if such crop is harvested after a reasonable period of time determined by the certifying agent to ensure the safety of such crop, after the most recent application of raw manure, but in no event shall such period be less than 60 days after such application.
(C) Contamination by manure
Such organic plan shall prohibit raw manure from being applied to any crop in a way that significantly contributes to water contamination by nitrates or bacteria.
(c) Livestock plan
An organic livestock plan shall contain provisions designed to foster the organic production of livestock consistent with the purposes of this chapter.
(d) Mixed crop livestock production
An organic plan may encompass both the crop production and livestock production requirements in subsections (b) and (c) if both activities are conducted by the same producer.
(e) Handling plan
An organic handling plan shall contain provisions designed to ensure that agricultural products that are sold or labeled as organically produced are produced and handled in a manner that is consistent with the purposes of this chapter.
(f) Management of wild crops
An organic plan for the harvesting of wild crops shall—
(1) designate the area from which the wild crop will be gathered or harvested;
(2) include a 3 year history of the management of the area showing that no prohibited substances have been applied;
(3) include a plan for the harvesting or gathering of the wild crops assuring that such harvesting or gathering will not be destructive to the environment and will sustain the growth and production of the wild crop; and
(4) include provisions that no prohibited substances will be applied by the producer.
(g) Limitation on content of plan
An organic plan shall not include any production or handling practices that are inconsistent with this chapter.
(Pub. L. 101–624, title XXI, § 2114, Nov. 28, 1990, 104 Stat. 3943.)
7 U.S.C. § 6516 (AGRICULTURE)
§ 6516. Peer review of certifying agents
(a) Peer review
In determining whether to approve an application for accreditation submitted under section 6514 of this title, the Secretary shall consider a report concerning such applicant that shall be prepared by a peer review panel established under subsection (b).
(b) Peer review panel
To assist the Secretary in evaluating applications under section 6514 of this title, the Secretary may establish a panel of not less than three persons who have expertise in organic farming and handling methods, to evaluate the State governing official or private person that is seeking accreditation as a certifying agent under such section. Not less than two members of such panel shall be persons who are not employees of the Department of Agriculture or of the applicable State government.
(Pub. L. 101–624, title XXI, § 2117, Nov. 28, 1990, 104 Stat. 3945.)
7 U.S.C. § 6520 (AGRICULTURE)
§ 6520. Administrative appeal
(a) Expedited appeals procedure
The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary, the applicable governing State official, or a certifying agent under this chapter that—
(1) adversely affects such person; or
(2) is inconsistent with the organic certification program established under this chapter.
(b) Appeal of final decision
A final decision of the Secretary under subsection (a) may be appealed to the United States district court for the district in which such person is located.
(Pub. L. 101–624, title XXI, § 2121, Nov. 28, 1990, 104 Stat. 3950; Pub. L. 102–237, title X, § 1001(9), Dec. 13, 1991, 105 Stat. 1894.)
heading: Amendments
text: 1991—Subsec. (b). Pub. L. 102–237 substituted “district court for the district” for “District Court for the District”.
7 U.S.C. § 6613 (AGRICULTURE)
§ 6613. Rural natural resources and economic diversification action teams
(a) Requests for assistance
Economically disadvantaged rural communities may request assistance from the Secretary in identifying opportunities that will promote economic improvement and diversification and revitalization.
(b) Establishment
Upon request, the Secretary may establish rural natural resources and economic diversification action teams to prepare an action plan to provide technical assistance to economically disadvantaged communities. The action plan shall identify opportunities to promote economic diversification and enhance local economies now dependent upon National Forest System land resources. The action team may also identify opportunities to use value-added products and services derived from National Forest System land resources.
(c) Organization
The Secretary shall design and organize any action team established pursuant to subsection (b) to meet the unique needs of the requesting rural community. Each action team shall be directed by an employee of the Forest Service and may include personnel from other agencies within the Department of Agriculture, from other Federal and State departments and agencies, and from the private sector.
(d) Cooperation
In preparing action plans, the Secretary may cooperate with State and local governments, universities, private companies, individuals, and nonprofit organizations for procurement of services determined necessary or desirable.
(e) Eligibility
The Secretary shall ensure that no substantially similar geographical or defined local area in a State receives a grant for technical assistance to an economically disadvantaged community under this subchapter and a grant for assistance under a designated rural development program during any continuous five-year period.
(f) Approval
After reviewing requests under this section for financial and economic feasibility and viability, the Secretary shall approve and implement in accordance with section 6614 of this title those action plans that will achieve the purposes of this subchapter.
(g) “Designated rural development program” defined
In this section, the term “designated rural development program” means a program carried out under section 1924(b), 1926(a), or 1932(e) of this title for which funds are available at any time during the fiscal year.
(Pub. L. 101–624, title XXIII, § 2375, Nov. 28, 1990, 104 Stat. 4047; Pub. L. 104–127, title VII, § 753(b)(1), Apr. 4, 1996, 110 Stat. 1131; Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 345(c)], Nov. 29, 1999, 113 Stat. 1535, 1501A–204.)
heading: Amendments
text: 1999—Subsec. (b). Pub. L. 106–113 substituted “natural resources” for “forestry” and substituted “National Forest System land resources” for “national forest resources” in two places.
1996—Subsec. (e). Pub. L. 104–127, § 753(b)(1)(A), struck out “, as defined in section 2008(b)(2) of this title,” before “during any”.
Subsec. (g). Pub. L. 104–127, § 753(b)(1)(B), added subsec. (g).
7 U.S.C. § 6617 (AGRICULTURE)
§ 6617. Authorization of appropriations and spending authority
(a) Authorization of appropriations
Except as provided in subsection (b), there are authorized to be appropriated—
(1) an amount not to exceed 5 percent of the sum of—
(A) the sums received by the Secretary from sales of timber and other products of the forests; and
(B) user fees paid in connection with the use of forest lands; and
(2) such additional sums as may be necessary to carry out the purposes of this subchapter.
(b) Limitation on authorization
Subsection (a) shall not in any way affect payments to the States pursuant to section 500 of title 16.
(c) Spending authority
Any spending authority (as defined in section 651 of title 2) provided in this subchapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
(Pub. L. 101–624, title XXIII, § 2379, Nov. 28, 1990, 104 Stat. 4049.)
7 U.S.C. § 6702 (AGRICULTURE)
§ 6702. Study of global climate change, agriculture, and forestry
(a) Crops
(1) In general
The Secretary shall study the effects of global climate change on agriculture and forestry. The study shall, at a minimum address—
(A) the effects of simultaneous increases in temperature and carbon dioxide on crops of economic significance;
(B) the effects of more frequent or more severe weather events on such crops;
(C) the effects of potential changes in hydrologic regimes on current crop yields;
(D) the economic effects of widespread and increased drought frequency in the south, midwest, and plains States; and
(E) changes in pest problems due to higher temperatures.
(2) Further studies
If the results of the study conducted under paragraph (1) warrant, the Secretary shall conduct further studies that address the means of mitigating the effects of global climate change on crops of economic significance that shall, at a minimum—
(A) identify whether climate change tolerance can be bred into these crops, the amount of time necessary for any such breeding, and the effects on the income of farmers;
(B) evaluate existing genetic resource and breeding programs for crops for their ability to develop new varieties that can tolerate potential climate changes; and
(C) assess the potential for the development of crop varieties that are tolerant to climate changes and other environmental stresses, such as drought, pests, and salinity.
(b) Forests
The Secretary shall conduct a study on the emissions of methane, nitrous oxide, and hydrocarbons from tropical and temperate forests, the manner in which such emissions may affect global climate change; the manner in which global climate change may affect such emissions; and the manner in which such emissions may be reduced through management practices. The study shall, at a minimum—
(1) obtain measurements of nitrous oxide, methane, and nonmethane hydrocarbons from tropical and temperate forests;
(2) determine the manner in which the nitrous oxide, methane, and nonmethane hydrocarbon emissions from temperate and tropical forest systems will respond due to climate change; and
(3) identify and address alternative management strategies for temperate and tropical forests that may mitigate any negative effects of global climate change.
(c) Reports
The Secretary shall submit reports of the studies conducted under subsections (a) and (b) within 3 and 6 years, respectively, after November 28, 1990, to the Committee on Agriculture and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate. In addition, interim reports regarding such studies shall be provided by the Secretary to such Committees annually, with recommendations for actions which may be taken to mitigate the negative effects of global climate change and to adapt to global climate changes and related phenomena.
(Pub. L. 101–624, title XXIV, § 2403, Nov. 28, 1990, 104 Stat. 4059.)
7 U.S.C. § 6803 (AGRICULTURE)
§ 6803. Issuance of orders
(a) In general
(1) Issuance
To effectuate the policy of this chapter specified in section 6801(b) of this title, the Secretary, subject to the procedures provided in subsection (b), shall issue orders under this chapter applicable to qualified handlers of cut flowers and cut greens.
(2) Scope
Any order shall be national in scope.
(3) One order
Not more than 1 order shall be in effect at any 1 time.
(b) Procedures
(1) Proposal for an order
(A) Secretary
The Secretary may propose the issuance of an order.
(B) Other persons
An industry group that represents a substantial number of the industry members who are to be assessed under the order, 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 the earlier of—
(A) the date on which the Secretary proposes an order, as provided in paragraph (1)(A); and
(B) the date of the receipt by the Secretary of a proposal for an order, as provided in paragraph (1)(B).
(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 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. 103–190, § 4, Dec. 14, 1993, 107 Stat. 2271.)
7 U.S.C. § 6807 (AGRICULTURE)
§ 6807. 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 6809(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.
(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) 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 not 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 of 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 6808 of this title.
(Pub. L. 103–190, § 8, Dec. 14, 1993, 107 Stat. 2285.)
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. § 6809 (AGRICULTURE)
§ 6809. Investigations and power to subpoena
(a) Investigations
The Secretary may make 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 making an investigation under subsection (a), the Secretary may administer oaths and affirmations, and issue subpoenas to 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 6807(a)(2) or 6808(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) 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).
(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. 103–190, § 10, Dec. 14, 1993, 107 Stat. 2288.)
7 U.S.C. § 6810 (AGRICULTURE)
§ 6810. Confidentiality
(a) Prohibition
No information on how a person voted in a referendum conducted under this chapter shall be made public.
(b) Penalty
Any person who knowingly violates subsection (a) or the confidentiality terms of an order, as described in section 6804(j)(2) of this title, shall be subject to a fine of not less than $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 PromoFlor Council, 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. 103–190, § 11, Dec. 14, 1993, 107 Stat. 2288.)
7 U.S.C. § 6814 (AGRICULTURE)
§ 6814. 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) may not be used for the payment of the expenses or expenditures of the PromoFlor Council in administering a provision of an order.
(Pub. L. 103–190, § 15, Dec. 14, 1993, 107 Stat. 2289.)
7 U.S.C. § 6911 (AGRICULTURE)
§ 6911. Transfer of Department functions to Secretary of Agriculture
(a) Transfer of functions
Except as provided in subsection (b), there are transferred to the Secretary of Agriculture all functions of all agencies, offices, officers, and employees of the Department that are not already vested in the Secretary on October 13, 1994.
(b) Exceptions
Subsection (a) shall not apply to the following functions:
(1) Functions vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Department.
(2) Functions vested by the Inspector General Act of 1978 (5 U.S.C. App.) in the Inspector General of the Department.
(3) Functions vested by chapter 9 of title 31 in the Chief Financial Officer of the Department.
(4) Functions vested in the corporations of the Department or the boards of directors and officers of such corporations.
(Pub. L. 103–354, title II, § 211, Oct. 13, 1994, 108 Stat. 3209; Pub. L. 104–127, title VII, § 722(c), Apr. 4, 1996, 110 Stat. 1115; Pub. L. 107–171, title VI, § 6201(d)(3), May 13, 2002, 116 Stat. 419.)
heading: References in Text
text: The Inspector General Act of 1978, referred to in subsec. (b)(2), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2002—Subsec. (b)(5). Pub. L. 107–171 struck out par. (5) which read as follows: “Functions vested in the Corporate Board of the Alternative Agricultural Research and Commercialization Corporation by the Alternative Agricultural Research and Commercialization Act of 1990 (7 U.S.C. 5901 et seq.).”
1996—Subsec. (b)(5). Pub. L. 104–127 substituted “Corporate Board of the Alternative Agricultural Research and Commercialization Corporation” for “Alternative Agricultural Research and Commercialization Board”.
7 U.S.C. § 6913 (AGRICULTURE)
§ 6913. Reductions in number of Department personnel
(a) Definitions
For purposes of this section:
(1) Headquarters offices
The term “headquarters offices”, with respect to agencies, offices, or other administrative units of the Department, means the offices, functions, and employee positions that are located or performed—
(A) in Washington, District of Columbia; or
(B) in such other locations as are identified by the Secretary for purposes of this section.
(2) Field structure
The term “field structure” means the offices, functions, and employee positions of all agencies, offices, or other administrative units of the Department, other than the headquarters offices, except that the term does not include State, county, or area committees established under section 590h(b)(5) of title 16. The term includes the physical and geographic locations of such agencies, offices, or other administrative units.
(b) Number of reductions required
The Secretary shall achieve Federal employee reductions of at least 7,500 staff years within the Department by the end of fiscal year 1999. Reductions in the number of full-time equivalent positions within the Department achieved under section 5 of the Federal Workforce Restructuring Act of 1994 (Public Law 103–226; 108 Stat. 115; 5 U.S.C. 3101 note) shall be counted toward the employee reductions required under this section.
(c) Emphasis on headquarters offices reductions
In achieving the employee reductions required by subsection (b), the Secretary shall pursue a goal so that the percentage of the total number of employee staff years reduced in headquarters offices is at least twice the percentage of the total number of employee staff years reduced in the field structure.
(d) Schedule
The personnel reductions in headquarters offices and in the field structure should be accomplished concurrently in a manner determined by the Secretary.
(Pub. L. 103–354, title II, § 213, Oct. 13, 1994, 108 Stat. 3211.)
7 U.S.C. § 6917 (AGRICULTURE)
§ 6917. Reports by Secretary
(a) In general
Subject to subsection (b), notwithstanding any other provision of law, the Secretary may, but shall not be required to, prepare and submit any report solely to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(b) Limitation
For each fiscal year, the Secretary may not prepare and submit more than 30 reports referred to in subsection (a).
(c) Selection of reports
In consultation with the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Secretary shall determine which reports, if any, the Secretary will prepare and submit in accordance with subsection (b).
(Pub. L. 103–354, title II, § 217, Oct. 13, 1994, 108 Stat. 3212.)