dreamproit/uscode huggingface dataset:
7 U.S.C. § 7449 (AGRICULTURE)
§ 7449. 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; and
(2) to determine whether any person has engaged or is engaging in an act that constitutes a violation of this subchapter, or an order, rule, or regulation issued under this subchapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, take evidence, and issue subpoenas to require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 7447 or 7448 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena and 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 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 the investigation or proceeding is carried on, or where the 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 the person to comply with the subpoena.
(d) Contempt
A failure to obey an order of the court under this section may be punished by the court as contempt of the court.
(e) Process
Process may be served on a person in the judicial district in which the person resides or carries on business or wherever the person may be found.
(f) Hearing site
The site of a hearing held under section 7447 or 7448 of this title shall be in the judicial district where the person affected by the hearing resides or has a principal place of business.
(Pub. L. 104–127, title V, § 540, Apr. 4, 1996, 110 Stat. 1062.)
7 U.S.C. § 7452 (AGRICULTURE)
§ 7452. 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 subchapter.
(b) Administrative expenses
Funds appropriated under subsection (a) shall not be available for payment of the expenses or expenditures of the Board in administering a provision of an order issued under this subchapter.
(Pub. L. 104–127, title V, § 543, Apr. 4, 1996, 110 Stat. 1063.)
7 U.S.C. § 7467 (AGRICULTURE)
§ 7467. Petition and review
(a) Petition
(1) In general
A person subject to an order 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 in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) Ruling
After the hearing, the Secretary shall issue a ruling on the petition which shall be final if the petition is in accordance with 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 is vested with jurisdiction to review the 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 a ruling by the Secretary under subsection (a).
(2) Process
Service of process in the proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(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 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.
(4) Enforcement
The pendency of a proceeding instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 7468 of this title.
(Pub. L. 104–127, title V, § 558, Apr. 4, 1996, 110 Stat. 1070.)
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. § 7469 (AGRICULTURE)
§ 7469. Investigations and power to subpoena
(a) In general
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective carrying out of the responsibilities of the Secretary under this subchapter; or
(2) to determine whether a person subject to this subchapter has engaged or is engaging in any act that constitutes a violation of this subchapter, or any order, rule, or regulation issued under this subchapter.
(b) Power to subpoena
(1) Investigations
For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may issue subpoenas 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 7467 or 7468 of this title, the presiding officer is authorized to 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 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 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, to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring the person to comply with the subpoena.
(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 such case may be served in the judicial district in which the person resides or carries on business or wherever the person may be found.
(f) Hearing site
The site of any hearing held under section 7467 or 7468 of this title shall be in the judicial district where the person affected by the hearing resides or has a principal place of business.
(Pub. L. 104–127, title V, § 560, Apr. 4, 1996, 110 Stat. 1072.)
7 U.S.C. § 7470 (AGRICULTURE)
§ 7470. Referenda
(a) Initial referendum
(1) Referendum required
During the 60-day period immediately preceding the proposed effective date of an order issued under section 7463 of this title, the Secretary shall conduct a referendum among kiwifruit producers and importers who will be subject to assessments under the order, to ascertain whether producers and importers approve the implementation of the order.
(2) Approval of order
The order shall become effective, as provided in section 7463 of this title, if the Secretary determines that—
(A) the order has been approved by a majority of the producers and importers voting in the referendum; and
(B) the producers and importers favoring approval produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.
(b) Subsequent referenda
The Secretary may periodically conduct a referendum to determine if kiwifruit producers and importers favor the continuation, termination, or suspension of any order issued under section 7463 of this title that is in effect at the time of the referendum.
(c) Required referenda
The Secretary shall hold a referendum under subsection (b)—
(1) at the end of the 6-year period beginning on the effective date of the order and at the end of each subsequent 6-year period;
(2) at the request of the Board; or
(3) if not less than 30 percent of the kiwifruit producers and importers subject to assessments under the order submit a petition requesting the referendum.
(d) Vote
On completion of a referendum under subsection (b), the Secretary shall suspend or terminate the order that was subject to the referendum at the end of the marketing year if—
(1) the suspension or termination of the order is favored by not less than a majority of the producers and importers voting in the referendum; and
(2) the producers and importers produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.
(e) Confidentiality
The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this subchapter and the voting list shall be held strictly confidential and shall not be disclosed.
(Pub. L. 104–127, title V, § 561, Apr. 4, 1996, 110 Stat. 1073.)
7 U.S.C. § 7483 (AGRICULTURE)
§ 7483. Issuance of orders
(a) In general
To effectuate the policy described in section 7481(b) of this title, the Secretary, subject to subsection (b), shall issue 1 or more orders applicable to processors. An order shall be applicable to all popcorn production and marketing areas in the United States. 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, or an association of processors or any other person that would be affected by an order 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 under paragraph (1), or at such time as 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 under paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order conforms to this subchapter. The order shall be issued and become effective not later than 150 days after the date of publication of the proposed order.
(c) Amendments
The Secretary, as appropriate, may amend an order. The provisions of this subchapter applicable to an order shall be applicable to any amendment to an order, except that an amendment to an order may not require a referendum to become effective.
(Pub. L. 104–127, title V, § 574, Apr. 4, 1996, 110 Stat. 1076.)
7 U.S.C. § 7485 (AGRICULTURE)
§ 7485. Referenda
(a) Initial referendum
(1) In general
Within the 60-day period immediately preceding the effective date of an order, as provided in section 7483(b)(3) of this title, the Secretary shall conduct a referendum among processors who, during a representative period as determined by the Secretary, have been engaged in processing, for the purpose of ascertaining whether the order shall go into effect.
(2) Approval of order
The order shall become effective, as provided in section 7483(b) of this title, only if the Secretary determines that the order has been approved by not less than a majority of the processors voting in the referendum and if the majority processed more than 50 percent of the popcorn certified as having been processed, during the representative period, by the processors voting.
(b) Additional referenda
(1) In general
Not earlier than 3 years after the effective date of an order approved under subsection (a), on the request of the Board or a representative group of processors, as described in paragraph (2), the Secretary may conduct additional referenda to determine whether processors favor the suspension or termination of the order.
(2) Representative group of processors
An additional referendum on an order shall be conducted if the referendum is requested by 30 percent or more of the number of processors who, during a representative period as determined by the Secretary, have been engaged in processing.
(3) Disapproval of order
If the Secretary determines, in a referendum conducted under paragraph (1), that suspension or termination of the order is favored by at least ⅔ of the processors voting in the referendum, the Secretary shall—
(A) suspend or terminate, as appropriate, collection of assessments under the order not later than 180 days after the date of determination; and
(B) suspend or terminate the order, as appropriate, in an orderly manner as soon as practicable after the date of determination.
(c) Costs of referendum
The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred by the Secretary in connection with the conduct of any referendum under this section.
(d) Method of conducting referendum
Subject to this section, a referendum conducted under this section shall be conducted in such manner as is determined by the Secretary.
(e) Confidentiality of ballots and other information
(1) In general
The ballots and other information or reports that reveal or tend to reveal the vote of any processor, or any business operation of a processor, shall be considered to be strictly confidential and shall not be disclosed.
(2) Penalty for violations
An officer or employee of the Department who knowingly violates paragraph (1) shall be subject to the penalties described in section 7484(i)(3)(C)(ii) of this title.
(Pub. L. 104–127, title V, § 576, Apr. 4, 1996, 110 Stat. 1081.)
7 U.S.C. § 7486 (AGRICULTURE)
§ 7486. Petition and review
(a) Petition
(1) In general
A person subject to an order 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 obligation or an exemption from the order or obligation.
(2) Statute of limitations
A petition under paragraph (1) concerning an obligation may be filed not later than 2 years after the date of imposition of the obligation.
(3) 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.
(4) Ruling
After a hearing under paragraph (3), 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.
(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 a ruling on the petition, if the person files a complaint not later than 20 days after the date of issuance of the ruling under subsection (a)(4).
(2) Process
Service of process in a proceeding under paragraph (1) may be made on the Secretary by delivering a copy of the complaint to the Secretary.
(3) Remands
If the court determines, under paragraph (1), that a ruling issued under subsection (a)(4) is not in accordance with applicable 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 proceedings as, in the opinion of the court, the law requires.
(c) Enforcement
The pendency of proceedings instituted under subsection (a) may not impede, hinder, or delay the Secretary or the Attorney General from taking action under section 7487 of this title.
(Pub. L. 104–127, title V, § 577, Apr. 4, 1996, 110 Stat. 1082.)
7 U.S.C. § 7488 (AGRICULTURE)
§ 7488. 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; and
(2) to determine whether any person subject to this subchapter has engaged, or is about to engage, in an act that constitutes or will constitute a violation of this subchapter or of an order or regulation issued under this subchapter.
(b) Oaths, affirmations, and subpoenas
For the purpose of an 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 that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States.
(c) Aid of courts
(1) Request
In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request 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 requiring the attendance and testimony of the person and the production of records.
(2) Enforcement order of the court
The court may issue an enforcement order requiring the person to appear before the Secretary to produce records or to give testimony concerning the matter under investigation.
(3) Contempt
A failure to obey an enforcement order of the court under paragraph (2) may be punished by the court as a contempt of the court.
(4) Process
Process in a case under this subsection 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, § 579, Apr. 4, 1996, 110 Stat. 1083.)
7 U.S.C. § 7507 (AGRICULTURE)
§ 7507. State and local supplementation of commodities
(a) Authorization
The Secretary shall establish procedures under which State and local agencies, charitable institutions, or any other persons may supplement the commodities distributed under the program authorized by this chapter for use by emergency feeding organizations with nutritious and wholesome commodities that such entities or persons donate to State agencies and emergency feeding organizations for distribution, in all or part of the State, in addition to the commodities otherwise made available under this chapter.
(b) Use of funds and facilities
States and emergency feeding organizations may use the funds appropriated under this chapter and equipment, structures, vehicles, and all other facilities involved in the storage, handling, or distribution of commodities made available under this chapter, and the personnel, both paid or volunteer, involved in such storage, handling, or distribution, to store, handle or distribute commodities donated for the use of emergency feeding organizations under subsection (a).
(c) Volunteer workers
State and emergency feeding organizations shall continue, to the maximum extent practicable, to use volunteer workers and commodities and other foodstuffs donated by charitable and other organizations in the operation of the program authorized by this section.
(Pub. L. 98–8, title II, § 203D, as added Pub. L. 100–435, title I, § 102, Sept. 19, 1988, 102 Stat. 1647.)
heading: Effective Date
text: Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.
7 U.S.C. § 7611 (AGRICULTURE)
§ 7611. Standards for Federal funding of agricultural research, extension, and education
(a) In general
The Secretary shall ensure that agricultural research, extension, or education activities described in subsection (b) address a concern that—
(1) is a priority, as determined under section 7612(a) of this title; and
(2) has national, multistate, or regional significance.
(b) Application
Subsection (a) applies to—
(1) research activities conducted by the Agricultural Research Service; and
(2) research, extension, or education activities administered, on a competitive basis, by the National Institute of Food and Agriculture.
(Pub. L. 105–185, title I, § 101, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, § 7511(c)(29), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(29), June 18, 2008, 122 Stat. 1664, 2031.)
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.
heading: Amendments
text: 2008—Subsec. (b)(2). Pub. L. 110–246, § 7511(c)(29), substituted “National Institute of Food and Agriculture” for “Cooperative State Research, Education, and Extension Service”.
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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by section 7511(c)(29) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.
7 U.S.C. § 7719 (AGRICULTURE)
§ 7719. Methyl bromide
(a) In general
The Secretary, upon request of State, local, or tribal authorities, shall determine whether methyl bromide treatments or applications required by State, local, or tribal authorities to prevent the introduction, establishment, or spread of plant pests (including diseases) or noxious weeds should be authorized as an official control or official requirement. The Secretary shall not authorize such treatments or applications unless the Secretary finds there is no other registered, effective, and economically feasible alternative available.
(b) Methyl bromide alternative
The Secretary, in consultation with State, local and tribal authorities, shall establish a program to identify alternatives to methyl bromide for treatment and control of plant pests and weeds. For uses where no registered, effective, economically feasible alternatives available can currently be identified, the Secretary shall initiate research programs to develop alternative methods of control and treatment.
(c) Registry
Not later than 180 days after May 13, 2002, the Secretary shall publish, and thereafter maintain, a registry of State, local, and tribal requirements authorized by the Secretary under this section.
(d) Administration
(1) Timeline for determination
Upon the promulgation of regulations to carry out this section, the Secretary shall make the determination required by subsection (a) not later than 90 days after receiving the request for such a determination.
(2) Construction
Nothing in this section shall be construed to alter or modify the authority of the Administrator of the Environmental Protection Agency or to provide any authority to the Secretary of Agriculture under the Clean Air Act [42 U.S.C. 7401 et seq.] or regulations promulgated under the Clean Air Act.
(Pub. L. 106–224, title IV, § 419, as added Pub. L. 107–171, title VII, § 7504(c), May 13, 2002, 116 Stat. 466.)
heading: References in Text
text: The Clean Air Act, referred to in subsec. (d)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 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 7401 of Title 42 and Tables.