dreamproit/uscode huggingface dataset:
7 U.S.C. § 4810 (AGRICULTURE)
§ 4810. Permissive provisions
(a) Recordkeeping and reporting requirements; incidental and necessary terms and conditions
On the recommendation of the Board, and with the approval of the Secretary, an order may contain one or more of the following provisions:
(1) Each person purchasing a porcine animal from a producer for commercial use, and each importer, shall—
(A) maintain and make available for inspection such books and records as may be required by the order; and
(B) file reports at the time, in the manner, and having the content prescribed by the order,
including documentation of the State of origin of a purchased porcine animal or the place of origin of an imported porcine animal, pork, or pork product.
(2) A term or condition—
(A) incidental to, and not inconsistent with, the terms and conditions specified in this chapter; and
(B) necessary to effectuate the other provisions of such order.
(b) Availability of information to Secretary and Board; confidentiality; disclosure; issuance of general statement, statistical data, or name of violator of order
(1) Information referred to in subsection (a)(1) shall be made available to the Secretary and the Board as is appropriate or necessary for the effectuation, administration, or enforcement of this chapter or an order.
(2)
(A) Except as provided in subparagraphs (B) and (C), information obtained under subsection (a)(1) shall be kept confidential by officers or employees of the Department of Agriculture or the Board.
(B) Such information may be disclosed only—
(i) in a suit or administrative hearing involving the order with respect to which the information was furnished or acquired—
(I) brought at the direction or on the request of the Secretary; or
(II) to which the Secretary or an officer of the United States is a party; and
(ii) if the Secretary considers such information to be relevant to such suit or hearing.
(C) Nothing in this section prohibits—
(i) the issuance of a general statement based on the reports of a number of persons subject to an order, or statistical data collected therefrom, if such statement or data does not identify the information furnished by any person; or
(ii) the publication, by direction of the Secretary, of the name of a person violating an order, together with a statement of the particular provisions of the order violated by such person.
(c) Penalty for willful violations
A person who willfully violates subsection (a)(1) or (b) shall, on conviction, be—
(1) subject to a fine of not more than $1,000 or imprisoned for not more than 1 year, or both; and
(2) if such person is an employee of the Department of Agriculture or the Board, removed from office.
(Pub. L. 99–198, title XVI, § 1621, Dec. 23, 1985, 99 Stat. 1617.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4811 (AGRICULTURE)
§ 4811. Referendum
(a) Continuation of order
For the purpose of determining whether an order then 1 effect shall be continued during the period beginning not earlier than 24 months after the issuance of the order and ending not later than 30 months after the issuance of the order, the Secretary shall conduct a referendum among persons who have been pork producers and importers during a representative period, as determined by the Secretary.
(b) Factors determining continuation; termination of order
(1) Such order shall be continued only if the Secretary determines that such order has been approved by not less than a majority of the producers and importers voting in the referendum.
(2) If the continuation of such order is not approved by a majority of the producers and importers voting in the referendum, the Secretary shall terminate—
(A) collection of assessments under the order not later than 6 months after the date of such determination; and
(B) the order in an orderly manner as soon as practicable after the date of such determination.
(c) Reimbursement for cost
The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred in connection with a referendum conducted under this section or section 4812 of this title.
(d) Manner of conducting
A referendum shall be conducted in such manner as prescribed by the Secretary.
(e) Amendment of initial order
A referendum to amend the initial order shall be conducted pursuant to this section.
(Pub. L. 99–198, title XVI, § 1622, Dec. 23, 1985, 99 Stat. 1618.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4812 (AGRICULTURE)
§ 4812. Suspension and termination of orders
(a) Authority of Secretary
If after the initial referendum provided for in section 4811(a) of this title the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.
(b) Referendum to terminate or suspend; eligible voters; requirements for approval; termination or suspension date; one referendum within 2-year period
(1)
(A) Except as provided in paragraph (2), after the initial referendum provided for in section 4811(a) of this title, on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a referendum to determine whether the producers and importers favor the termination or suspension of the order.
(B) The Secretary shall—
(i) suspend or terminate collection of assessments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is favored by a majority of the producers and importers voting in the referendum; and
(ii) terminate the order in an orderly manner as soon as practicable after the date of such determination.
(2) Except with respect to a referendum required to be conducted under section 4811 of this title, the Secretary shall not be required by paragraph (1) to conduct more than one referendum under this chapter in a 2-year period.
(c) Termination or suspension not to be considered an order
The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this chapter.
(Pub. L. 99–198, title XVI, § 1623, Dec. 23, 1985, 99 Stat. 1618.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4813 (AGRICULTURE)
§ 4813. Refunds
(a) Demand for refund; persons eligible
Notwithstanding any other provision of this chapter, prior to the approval of the continuation of an order pursuant to the referendum required under section 4811(a) of this title, any person shall have the right to demand and receive from the Board a refund of an assessment collected under section 4809 of this title if such person—
(1) is responsible for paying such assessment; and
(2) does not support the program established under this chapter.
(b) Form and time within which demand to be made
Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board and approved by the Secretary, but not later than 30 days after the end of the month in which the assessment was paid.
(c) Payment of refund on submission of satisfactory proof
Such refund shall be made not later than 30 days after demand is received therefore 1 on submission of proof satisfactory to the Board that the producer, person, or importer—
(1) paid the assessment for which refund is sought; and
(2) did not collect such assessment from another producer, person, or importer.
(Pub. L. 99–198, title XVI, § 1624, Dec. 23, 1985, 99 Stat. 1619.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4814 (AGRICULTURE)
§ 4814. Petition and review
(a)
(1) A person subject to an order may file with the Secretary a petition—
(A) stating that such order, a provision of such order, or an obligation imposed in connection with such order is not in accordance with law; and
(B) requesting a modification of such order or an exemption from such order.
(2) Such person shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) After such hearing, the Secretary shall make a determination granting or denying such petition.
(b)
(1) A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination.
(2) Service of process in such proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.
(3) If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to—
(A) make such ruling as the court shall determine to be in accordance with law; or
(B) take such further proceedings as, in the opinion of the court, the law requires.
(Pub. L. 99–198, title XVI, § 1625, Dec. 23, 1985, 99 Stat. 1619.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4816 (AGRICULTURE)
§ 4816. Investigations
(a) Purposes
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this chapter; or
(2) to determine whether a person subject to this chapter has engaged, or is about to engage, in an act that constitutes, or will constitute, a violation of this chapter or an order, rule, or regulation issued under this chapter.
(b) Oaths and affirmations; subpenas
(1) For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry.
(2) Such attendance of witnesses and the production of such records may be required from any place in the United States.
(c) Judicial enforcement; contempt proceedings; service of process
(1) In the case of contumacy, or refusal to obey a subpoena, by a person, the Secretary may invoke the aid of a court of the United States with jurisdiction over such investigation or proceeding, or where such person resides or does business, in requiring the attendance and testimony of such person and the production of such records.
(2) The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony touching the matter under investigation.
(3) A failure to obey an order issued under this section by the court may be punished by the court as a contempt thereof.
(4) Process in such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.
(Pub. L. 99–198, title XVI, § 1627, Dec. 23, 1985, 99 Stat. 1621.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4817 (AGRICULTURE)
§ 4817. Preemption
(a) Promotion and consumer education; funds from pork producers
This chapter is intended to occupy the field of—
(1) promotion and consumer education involving pork and pork products; and
(2) obtaining funds therefor from pork producers.
(b) Additional or different State regulation prohibited
The regulation of such activity (other than a regulation or requirement relating to a matter of public health or the provision of State or local funds for such activity) that is in addition to or different from this chapter may not be imposed by a State.
(c) Application of section
This section shall apply only during a period beginning on the date of the commencement of the collection of assessments under section 4809 of this title and ending on the date of the termination of the collection of assessments under section 4811(a)(3) or 4811(b)(1)(B) 1 of this title.
(Pub. L. 99–198, title XVI, § 1628, Dec. 23, 1985, 99 Stat. 1621.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4818 (AGRICULTURE)
§ 4818. Administrative provision
The provisions of this chapter applicable to orders shall be applicable to amendments to orders.
(Pub. L. 99–198, title XVI, § 1629, Dec. 23, 1985, 99 Stat. 1621.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4819 (AGRICULTURE)
§ 4819. Authorization of appropriations
(a) There are authorized to be appropriated such sums as may be necessary for the Secretary to carry out this chapter, subject to reimbursement from the Board under section 4809(c)(3)(B)(iv) of this title.
(b) Sums appropriated to carry out this chapter shall not be available for payment of an expense or expenditure incurred by the Board in administering an order.
(Pub. L. 99–198, title XVI, § 1630, Dec. 23, 1985, 99 Stat. 1621.)
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 8712 (AGRICULTURE)
§ 8712. Payment yields
(a) Establishment and purpose
For the purpose of making direct payments and counter-cyclical payments under this subchapter, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under section 7912 of this title in accordance with this section.
(b) Payment yields for designated oilseeds and eligible pulse crops
(1) Determination of average yield
In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero.
(2) Adjustment for payment yield
(A) In general
The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following:
(i) The average yield for the designated oilseed or pulse crop determined under paragraph (1).
(ii) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops.
(B) No national average yield information available
To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
(3) Use of partial county average yield
If the yield per planted acre for a crop of a designated oilseed or pulse crop for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed or pulse crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1).
(4) No historic yield data available
In the case of establishing yields for designated oilseeds and eligible pulse crops, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under paragraph (2)(A)(ii) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary.
(Pub. L. 110–234, title I, § 1102, May 22, 2008, 122 Stat. 940; Pub. L. 110–246, § 4(a), title I, § 1102, June 18, 2008, 122 Stat. 1664, 1669.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment 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 a note under section 8701 of this title.
7 U.S.C. § 8718 (AGRICULTURE)
§ 8718. Special rule for long grain and medium grain rice
(a) Calculation method
Subject to subsections (b) and (c), for the purposes of determining the amount of the counter-cyclical payments to be paid to the producers on a farm for long grain rice and medium grain rice under section 8714 1 of this title, the base acres of rice on the farm shall be apportioned using the 4-year average of the percentages of acreage planted in the applicable State to long grain rice and medium grain rice during the 2003 through 2006 crop years, as determined by the Secretary.
(b) Producer election
As an alternative to the calculation method described in subsection (a), the Secretary shall provide producers on a farm the opportunity to elect to apportion rice base acres on the farm using the 4-year average of—
(1) the percentages of acreage planted on the farm to long grain rice and medium grain rice during the 2003 through 2006 crop years;
(2) the percentages of any acreage on the farm that the producers were prevented from planting to long grain rice and medium grain rice during the 2003 through 2006 crop years because of drought, flood, other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; and
(3) in the case of a crop year for which a producer on a farm elected not to plant to long grain and medium grain rice during the 2003 through 2006 crop years, the percentages of acreage planted in the applicable State to long grain rice and medium grain rice, as determined by the Secretary.
(c) Limitation
In carrying out this section, the Secretary shall use the same total base acres, payment acres, and payment yields established with respect to rice under sections 7911 and 7912 of this title, as in effect on September 30, 2007, subject to any adjustment under section 8711 of this title.
(Pub. L. 110–234, title I, § 1108, May 22, 2008, 122 Stat. 952; Pub. L. 110–246, § 4(a), title I, § 1108, June 18, 2008, 122 Stat. 1664, 1681.)
heading: References in Text
text: Section 8714 of this title, referred to in subsec. (a), was repealed by Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment 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 a note under section 8701 of this title.
7 U.S.C. § 8719 (AGRICULTURE)
§ 8719. Period of effectiveness
This subchapter shall be effective beginning with the 2008 crop year of each covered commodity through the 2012 crop year.
(Pub. L. 110–234, title I, § 1109, May 22, 2008, 122 Stat. 953; Pub. L. 110–246, § 4(a), title I, § 1109, June 18, 2008, 122 Stat. 1664, 1681.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment 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 a note under section 8701 of this title.
7 U.S.C. § 8731 (AGRICULTURE)
§ 8731. Availability of nonrecourse marketing assistance loans for loan commodities
(a) Nonrecourse loans available
(1) Availability
For each of the 2008 through 2012 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm.
(2) Terms and conditions
The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 8732 of this title for the loan commodity.
(b) Eligible production
The producers on a farm shall be eligible for a marketing assistance loan under subsection (a) for any quantity of a loan commodity produced on the farm.
(c) Compliance with conservation and wetlands requirements
As a condition of the receipt of a marketing assistance loan under subsection (a), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.) during the term of the loan.
(Pub. L. 110–234, title I, § 1201, May 22, 2008, 122 Stat. 953; Pub. L. 110–246, § 4(a), title I, § 1201, June 18, 2008, 122 Stat. 1664, 1681.)
heading: References in Text
text: The Food Security Act of 1985, referred to in subsec. (c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subtitles B and C of title XII of the Act are classified generally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively, of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment 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 a note under section 8701 of this title.
7 U.S.C. § 8733 (AGRICULTURE)
§ 8733. Term of loans
(a) Term of loan
In the case of each loan commodity, a marketing assistance loan under section 8731 of this title shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made.
(b) Extensions prohibited
The Secretary may not extend the term of a marketing assistance loan for any loan commodity.
(Pub. L. 110–234, title I, § 1203, May 22, 2008, 122 Stat. 956; Pub. L. 110–246, § 4(a), title I, § 1203, June 18, 2008, 122 Stat. 1664, 1684.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment 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 a note under section 8701 of this title.