dreamproit/uscode huggingface dataset:
7 U.S.C. § 7785 (AGRICULTURE)
§ 7785. Relationship to other programs
Funds under this Act (other than those made available for section 7784(f) of this title) are intended to supplement, not replace, assistance available to weed management entities, areas, and districts for control or eradication of noxious weeds on Federal lands and non-Federal lands. The provision of funds to a weed management entity under this Act (other than those made available for section 7784(f) of this title) shall have no effect on the amount of any payment received by a county from the Federal Government under chapter 69 of title 31.
(Pub. L. 106–224, title IV, § 456, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2324.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, probably means the Noxious Weed Control and Eradication Act of 2004, subtitle E (§§ 451–457) of title IV of Pub. L. 106–224, as added by Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2320, which enacted this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables.
7 U.S.C. § 7801 (AGRICULTURE)
§ 7801. Findings and declaration of policy
(a) Findings
Congress finds the following:
(1) Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions.
(2) Hass avocados are a significant tree fruit crop grown by many individual producers, but virtually all domestically produced Hass avocados for the commercial market are grown in the State of California.
(3) Hass avocados move in interstate and foreign commerce, and Hass avocados that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce in Hass avocados.
(4) In recent years, large quantities of Hass avocados have been imported into the United States from other countries.
(5) The maintenance and expansion of markets in existence on October 28, 2000, and the development of new or improved markets or uses for Hass avocados are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers and other persons associated with the producing, marketing, processing, and consuming of Hass avocados.
(6) An effective and coordinated program of promotion, research, industry information, and consumer information regarding Hass avocados is necessary for the maintenance, expansion, and development of domestic markets for Hass avocados.
(b) Purpose
It is the purpose of this chapter to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for the development and financing (through an adequate assessment on Hass avocados sold by producers and importers in the United States) of an effective and coordinated program of promotion, research, industry information, and consumer information, including funds for marketing and market research activities, that is designed to—
(1) strengthen the position of the Hass avocado industry in the domestic marketplace; and
(2) maintain, develop, and expand markets and uses for Hass avocados in the domestic marketplace.
(c) Limitation
Nothing in this chapter may be construed to provide for the control of production or otherwise limit the right of any person to produce, handle, or import Hass avocados.
(Pub. L. 106–387, § 1(a) [title XII, § 1202], Oct. 28, 2000, 114 Stat. 1549, 1549A–79.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 106–387, § 1(a) [title XII, § 1201], Oct. 28, 2000, 114 Stat. 1549, 1549A–79, provided that: “This title [enacting this chapter] may be cited as the ‘Hass Avocado Promotion, Research, and Information Act of 2000’.”
7 U.S.C. § 7806 (AGRICULTURE)
§ 7806. 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 7808(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.
(4) Limitation
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 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 no 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 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 7807 of this title.
(Pub. L. 106–387, § 1(a) [title XII, § 1207], Oct. 28, 2000, 114 Stat. 1549, 1549A–92.)
heading: Editorial Notes
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. § 7913 (AGRICULTURE)
§ 7913. Availability of direct payments
(a) Payment required
For each of the 2002 through 2007 crop years of each covered commodity, the Secretary shall make direct payments to producers on farms for which payment yields and base acres are established.
(b) Payment rate
The payment rates used to make direct payments with respect to covered commodities for a crop year are as follows:
(1) Wheat, $0.52 per bushel.
(2) Corn, $0.28 per bushel.
(3) Grain sorghum, $0.35 per bushel.
(4) Barley, $0.24 per bushel.
(5) Oats, $0.024 per bushel.
(6) Upland cotton, $0.0667 per pound.
(7) Rice, $2.35 per hundredweight.
(8) Soybeans, $0.44 per bushel.
(9) Other oilseeds, $0.0080 per pound.
(c) Payment amount
The amount of the direct payment to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
(d) Time for payment
(1) In general
The Secretary shall make direct payments—
(A) in the case of the 2002 crop year, as soon as practicable after May 13, 2002; and
(B) in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the covered commodity is harvested.
(2) Advance payments
At the option of the producers on a farm, up to 50 percent of the direct payment for a covered commodity for any of the 2003 through 2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year, shall be paid to the producers in advance. The producers shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop of the covered commodity is harvested through the month within which the direct payment would otherwise be made. The producers may change the selected month for a subsequent advance payment by providing advance notice to the Secretary.
(3) Repayment of advance payments
If a producer on a farm that receives an advance direct payment for a crop year ceases to be a producer on that farm, or the extent to which the producer shares in the risk of producing a crop changes, before the date the remainder of the direct payment is made, the producer shall be responsible for repaying the Secretary the applicable amount of the advance payment, as determined by the Secretary.
(Pub. L. 107–171, title I, § 1103, May 13, 2002, 116 Stat. 149; Pub. L. 109–171, title I, § 1102(a), Feb. 8, 2006, 120 Stat. 5.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (d)(2). Pub. L. 109–171 substituted “2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year,” for “2007 crop years”.
7 U.S.C. § 7951 (AGRICULTURE)
§ 7951. Definitions
In this subchapter:
(1) Base acres for peanuts
The term “base acres for peanuts” means the number of acres assigned to a farm by historic peanut producers pursuant to section 7952(b) of this title.
(2) Counter-cyclical payment
The term “counter-cyclical payment” means a payment made under section 7954 of this title.
(3) Effective price
The term “effective price” means the price calculated by the Secretary under section 7954 of this title for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year.
(4) Direct payment
The term “direct payment” means a payment made under section 7953 of this title.
(5) Historic peanut producer
The term “historic peanut producer” means a producer on a farm in the United States that produced or was prevented from planting peanuts during any or all of the 1998 through 2001 crop years.
(6) Payment acres
The term “payment acres” means—
(A) for the 2002 crop of peanuts, 85 percent of the average acreage determined under section 7952(a)(2) of this title for an historic peanut producer; and
(B) for the 2003 through 2007 crops of peanuts, 85 percent of the base acres for peanuts assigned to a farm under section 7952(b) of this title.
(7) Payment yield
The term “payment yield” means the yield assigned to a farm by historic peanut producers pursuant to section 7952(b) of this title.
(8) Producer
The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop on a farm and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract and shall ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this subchapter.
(9) Secretary
The term “Secretary” means the Secretary of Agriculture.
(10) State
The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(11) Target price
The term “target price” means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments.
(12) United States
The term “United States”, when used in a geographical sense, means all of the States.
(Pub. L. 107–171, title I, § 1301, May 13, 2002, 116 Stat. 166.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle C (§§ 1301–1310) of title I of Pub. L. 107–171, May 13, 2002, 116 Stat. 166, which enacted this subchapter, amended sections 1361, 1371, 1373, 1378, 1428, and 1441 of this title, and repealed sections 1357 to 1359a and 7271 of this title. For complete classification of subtitle C to the Code, see Tables.
7 U.S.C. § 7960 (AGRICULTURE)
§ 7960. Repeal of superseded price support authority and effect of repeal
(a) Omitted
(b) Disposal
Notwithstanding any other provision of law or previous declaration made by the Secretary, the Secretary shall ensure that the disposal of all peanuts for which a loan for the 2001 crop of peanuts was made under section 7271 of this title before May 13, 2002, is carried out in a manner that prevents price disruptions in the domestic and international markets for peanuts.
(c) Treatment of crop insurance policies for 2002 crop year
(1) Applicability
This subsection shall apply for the 2002 crop year only notwithstanding any other provision of law or crop insurance policy.
(2) Price election
The nonquota price election for segregation I, II, and III peanuts shall be 17.75 cents per pound and shall be used for all aspects of the policy relating to the calculations of premium, liability, and indemnities.
(3) Quality adjustment
For the purposes of quality adjustment only, the average support price per pound of peanuts shall be a price equal to 17.75 cents per pound. Quality under the crop insurance policy for peanuts shall be adjusted under procedures issued by the Federal Crop Insurance Corporation.
(Pub. L. 107–171, title I, § 1310, May 13, 2002, 116 Stat. 182.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of section 1310 of Pub. L. 107–171. Subsec. (a) of section 1310 of Pub. L. 107–171 amended sections 1428 and 1441 of this title and repealed 7271 of this title.
7 U.S.C. § 7971 (AGRICULTURE)
§ 7971. Storage facility loans
(a) In general
Notwithstanding any other provision of law and as soon as practicable after May 13, 2002, the Commodity Credit Corporation shall amend part 1436 of title 7, Code of Federal Regulations, to establish a sugar storage facility loan program to provide financing for processors of domestically-produced sugarcane and sugar beets to construct or upgrade storage and handling facilities for raw sugars and refined sugars.
(b) Eligible processors
A storage facility loan described in subsection (a) shall be made available to any processor of domestically produced sugarcane or sugar beets that (as determined by the Secretary)—
(1) has a satisfactory credit history;
(2) has a need for increased storage capacity, taking into account the effects of marketing allotments; and
(3) demonstrates an ability to repay the loan.
(c) Term of loans
A storage facility loan described in subsection (a) shall—
(1) have a minimum term of 7 years;
(2) not include any penalty for prepayment; and
(3) be in such amounts and on such other terms and conditions (including terms and conditions relating to downpayments, collateral, and eligible facilities) as are normal, customary, and appropriate for the size and commercial nature of the borrower.
(Pub. L. 107–171, title I, § 1402, May 13, 2002, 116 Stat. 187; Pub. L. 110–234, title I, § 1404, May 22, 2008, 122 Stat. 989; Pub. L. 110–246, § 4(a), title I, § 1404, June 18, 2008, 122 Stat. 1664, 1718.)
heading: Editorial Notes
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. (c)(2), (3). Pub. L. 110–246, § 1404, added par. (2), redesignated former par. (2) as (3), and, in par. (3), inserted “other” after “on such”.
heading: Statutory Notes and Related Subsidiaries
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. § 7983 (AGRICULTURE)
§ 7983. Study of national dairy policy
(a) Study required
The Secretary of Agriculture shall conduct a comprehensive economic evaluation of the potential direct and indirect effects of the various elements of the national dairy policy, including an examination of the effect of the national dairy policy on—
(1) farm price stability, farm profitability and viability, and local rural economies in the United States;
(2) child, senior, and low-income nutrition programs, including impacts on schools and institutions participating in the programs, on program recipients, and other factors; and
(3) the wholesale and retail cost of fluid milk, dairy farms, and milk utilization.
(b) Report
Not later than 1 year after May 13, 2002, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study required by this section.
(c) National dairy policy defined
In this section, the term “national dairy policy” means the dairy policy of the United States as evidenced by the following policies and programs:
(1) Federal milk marketing orders issued under section 608c of this title.
(2) Interstate dairy compacts (including proposed compacts described in H.R. 1827 and S. 1157, as introduced in the 107th Congress).
(3) Over-order premiums and State pricing programs.
(4) Direct payments to milk producers.
(5) Federal milk price support program established under section 7981 of this title.1
(6) Export programs regarding milk and dairy products, such as the dairy export incentive program established under section 713a–14 of title 15.1
(Pub. L. 107–171, title I, § 1507, May 13, 2002, 116 Stat. 210.)
heading: Editorial Notes
heading: References in Text
text: H.R. 1827, referred to in subsec. (c)(2), which would have granted consent to the Northeast Interstate Dairy Compact, the Southern Dairy Compact, the Pacific Northwest Dairy Compact, and the Intermountain Dairy Compact, was not enacted into law during the 107th Congress.
S. 1157, referred to in subsec. (c)(2), which would have granted consent to the Northeast Interstate Dairy Compact, the Southern Dairy Compact, the Pacific Northwest Dairy Compact, and the Intermountain Dairy Compact, was not enacted into law during the 107th Congress.
Section 7981 of this title, referred to in subsec. (c)(5), was in the original “section 1401”, and was translated as reading “section 1501”, meaning section 1501 of Pub. L. 107–171 to reflect the probable intent of Congress, because section 1501 of Pub. L. 107–171 relates to Federal milk price support program. Section 1401 of Pub. L. 107–171 amended sections 7272 and 7283 of this title.
Section 713a–14 of title 15, referred to in subsec. (c)(6), was repealed by Pub. L. 113–79, title I, § 1423(a), Feb. 7, 2014, 128 Stat. 695.
7 U.S.C. § 7993 (AGRICULTURE)
§ 7993. Repealed. Pub. L. 110–234, title I, § 1623(a), May 22, 2008, 122 Stat. 1025, and Pub. L. 110–246, § 4(a), title I, § 1623(a), June 18, 2008, 122 Stat. 1664, 1753
text: Section, Pub. L. 107–171, title I, § 1605, May 13, 2002, 116 Stat. 216, related to Commission on the Application of Payment Limitations for Agriculture.
heading: Editorial Notes
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 repealed this section. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal 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. § 7994 (AGRICULTURE)
§ 7994. Study
(1) In general
The Secretary shall conduct a study on the effects on the limitation on producers to move quota to a farm other than the farm to which the quota was initially assigned under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.).
(2) Report
Not later than 90 days after May 13, 2002, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study.
(Pub. L. 107–171, title I, § 1611(b), May 13, 2002, 116 Stat. 219.)
heading: Editorial Notes
heading: References in Text
text: The Agricultural Adjustment Act of 1938, referred to in par. (1), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended. Part I of subtitle B of title III of the Act was classified generally to subpart I (§ 1311 et seq.) of part B of subchapter II of chapter 35 of this title prior to repeal by Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522. For complete classification of this Act to the Code, see section 1281 of this title and Tables.
7 U.S.C. § 7995 (AGRICULTURE)
§ 7995. Assignment of payments
The provisions of section 590h(g) of title 16, relating to assignment of payments, shall apply to payments made under the authority of this Act. The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section.
(Pub. L. 107–171, title I, § 1612, May 13, 2002, 116 Stat. 219.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 107–171, May 13, 2002, 116 Stat. 134, known as the Farm Security and Rural Investment Act of 2002. For complete classification of this Act to the Code, see Short Title note set out under section 7901 of this title and Tables.
7 U.S.C. § 7997 (AGRICULTURE)
§ 7997. Tracking of benefits
As soon as practicable after May 13, 2002, the Secretary shall establish procedures to track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles.
(Pub. L. 107–171, title I, § 1614, May 13, 2002, 116 Stat. 222.)
heading: Editorial Notes
heading: References in Text
text: Titles I and II, referred to in text, mean titles I and II of Pub. L. 107–171, May 13, 2002, 116 Stat. 143. For complete classification of titles I and II of Pub. L. 107–171 to the Code, see Tables.
7 U.S.C. § 8000 (AGRICULTURE)
§ 8000. Repealed. Pub. L. 110–234, title I, § 1623(b), May 22, 2008, 122 Stat. 1025, and Pub. L. 110–246, § 4(a), title I, § 1623(b), June 18, 2008, 122 Stat. 1664, 1753
text: Section, Pub. L. 107–171, title I, § 1617, May 13, 2002, 116 Stat. 222, related to renewed availability of market loss assistance and certain emergency assistance to persons that failed to receive assistance under earlier authorities.
heading: Editorial Notes
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 repealed this section. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal 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.