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7 U.S.C. § 4202 (AGRICULTURE)
§ 4202. Identifying effects of Federal programs on conversion of farmland to nonagricultural uses
(a) Development of criteria to identify
The Department of Agriculture, in cooperation with other departments, agencies, independent commissions, and other units of the Federal Government, shall develop criteria for identifying the effects of Federal programs on the conversion of farmland to nonagricultural uses.
(b) Use of criteria to identify
Departments, agencies, independent commissions, and other units of the Federal Government shall use the criteria established under subsection (a) of this section, to identify the quantity of farmland actually converted by Federal programs, and to identify and take into account the adverse effects of Federal programs on the preservation of farmland; consider alternative actions, as appropriate, that could lessen such adverse effects; and assure that such Federal programs, to the extent practicable, are compatible with State, unit of local government, and private programs and policies to protect farmland.
(c) Availability of restorative, etc., information
The Department of Agriculture may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information useful in restoring, maintaining, and improving the quantity and quality of farmland.
(Pub. L. 97–98, title XV, § 1541, Dec. 22, 1981, 95 Stat. 1342; Pub. L. 101–624, title XIV, § 1454, Nov. 28, 1990, 104 Stat. 3614.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (b). Pub. L. 101–624 inserted “to identify the quantity of farmland actually converted by Federal programs, and” after “of this section,”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under section 4201 of this title.
7 U.S.C. § 4203 (AGRICULTURE)
§ 4203. Existing policies and procedures; review, etc.
(a) Each department, agency, independent commission, or other unit of the Federal Government, with the assistance of the Department of Agriculture, shall review current provisions of law, administrative rules and regulations, and policies and procedures applicable to it to determine whether any provision thereof will prevent such unit of the Federal Government from taking appropriate action to comply fully with the provisions of this chapter.
(b) Each department, agency, independent commission, or other unit of the Federal Government, with the assistance of the Department of Agriculture, shall, as appropriate, develop proposals for action to bring its programs, authorities, and administrative activities into conformity with the purpose and policy of this chapter.
(Pub. L. 97–98, title XIV, § 1542, Dec. 22, 1981, 95 Stat. 1343.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under section 4201 of this title.
7 U.S.C. § 4204 (AGRICULTURE)
§ 4204. Technical assistance
The Secretary is encouraged to provide technical assistance to any State or unit of local government, or any nonprofit organization, as determined by the Secretary, that desires to develop programs or policies to limit the conversion of productive farmland to nonagricultural uses.
(Pub. L. 97–98, title XV, § 1543, Dec. 22, 1981, 95 Stat. 1343.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under section 4201 of this title.
7 U.S.C. § 4205 (AGRICULTURE)
§ 4205. Farmland resource information
(a) The Secretary, through existing agencies or interagency groups, and in cooperation with the cooperative extension services of the States, shall design and implement educational programs and materials emphasizing the importance of productive farmland to the Nation’s well-being and distribute educational materials through communications media, schools, groups, and other Federal agencies.
(b) The Secretary shall designate one or more farmland information centers to serve as central depositories and distribution points for information on farmland issues, policies, programs, technical principles, and innovative actions or proposals by local and State governments.
(Pub. L. 97–98, title XV, § 1544, Dec. 22, 1981, 95 Stat. 1343.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under section 4201 of this title.
7 U.S.C. § 4206 (AGRICULTURE)
§ 4206. Grants, contracts, etc., authority
The Secretary may carry out the purposes of this chapter, with existing facilities and funds otherwise available, through the use of grants, contracts, or such other means as the Secretary deems appropriate.
(Pub. L. 97–98, title XV, § 1545, Dec. 22, 1981, 95 Stat. 1343.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under section 4201 of this title.
7 U.S.C. § 4207 (AGRICULTURE)
§ 4207. Reporting requirement
On January 1, 1987, and at the beginning of each subsequent calendar year.1 the Secretary of Agriculture shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives on the progress made in implementing the provisions of this chapter. Such report shall include information on—
(1) the effects, if any, of Federal programs, authorities, and administrative activities with respect to the protection of United States farmland; and
(2) the results of the reviews of existing policies and procedures required under section 4203(a) of this title.
(Pub. L. 97–98, title XV, § 1546, Dec. 22, 1981, 95 Stat. 1343; Pub. L. 99–198, title XII, § 1255(a), Dec. 23, 1985, 99 Stat. 1518.)
heading: Editorial Notes
heading: Amendments
text: 1985—Pub. L. 99–198 substituted “On January 1, 1987, and at the beginning of each subsequent calendar year.” for “Within one year after December 22, 1981,”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under section 4201 of this title.
7 U.S.C. § 4208 (AGRICULTURE)
§ 4208. Limitations
(a) This chapter does not authorize the Federal Government in any way to regulate the use of private or non-Federal land, or in any way affect the property rights of owners of such land.
(b) None of the provisions or other requirements of this chapter shall apply to the acquisition or use of farmland for national defense purposes during a national emergency.
(Pub. L. 97–98, title XV, § 1547, Dec. 22, 1981, 95 Stat. 1344; Pub. L. 101–624, title XXV, § 2502, Nov. 28, 1990, 104 Stat. 4066.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (b). Pub. L. 101–624 inserted before period at end “during a national emergency”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under section 4201 of this title.
7 U.S.C. § 4209 (AGRICULTURE)
§ 4209. Prohibition on maintenance of actions
This chapter shall not be deemed to provide a basis for any action, either legal or equitable, by any person or class of persons challenging a Federal project, program, or other activity that may affect farmland: Provided, That the Governor of an affected State where a State policy or program exists to protect farmland may bring an action in the Federal district court of the district where a Federal program is proposed to enforce the requirements of section 4202 of this title and regulations issued pursuant thereto.
(Pub. L. 97–98, title XV, § 1548, Dec. 22, 1981, 95 Stat. 1344; Pub. L. 99–198, title XII, § 1255(b), Dec. 23, 1985, 99 Stat. 1518.)
heading: Editorial Notes
heading: Amendments
text: 1985—Pub. L. 99–198 substituted “by any person” for “by any State, local unit of government, or any person” and inserted proviso.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under section 4201 of this title.
7 U.S.C. § 4401 (AGRICULTURE)
§ 4401. Congressional findings and declaration of purpose
Congress hereby finds and declares that—
(1) the United States, as a member of the Economic Commission for Europe of the United Nations, participated in development by that Commission of the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for Such Carriage;
(2) the agreement requires that equipment involved in the international carriage of perishable foodstuffs be inspected, tested, and certified to specified standards;
(3) this chapter will make it possible for equipment in the United States to be inspected, tested, and certified in accordance with the agreement and the standards specified therein; and
(4) this chapter will improve the conditions for the movement of perishable foodstuffs in international carriage in equipment owned or operated by United States firms, which will serve to protect existing trade and promote expansion of trade in perishable foodstuffs, and will improve the sale of United States manufactured equipment for use in international carriage.
(Pub. L. 97–325, § 2, Oct. 15, 1982, 96 Stat. 1603.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in pars. (3) and (4), was in the original “this Act”, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Carriage of Perishable Foodstuffs Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 97–325, § 1, Oct. 15, 1982, 96 Stat. 1603, provided: “That this Act [enacting this chapter and section 2212c of this title, amending sections 5315 and 5316 of Title 5, Government Organization and Employees, repealing section 3 of Reorg. Plan No. 2 of 1953, and enacting provisions set out as a note under section 2212c of this title] may be cited as the ‘International Carriage of Perishable Foodstuffs Act’.”
7 U.S.C. § 4402 (AGRICULTURE)
§ 4402. Definitions
As used in this chapter—
(1) The term “agreement” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for Such Carriage, and the annexes and the appendices thereto, done at Geneva, September 1, 1970, under the auspices of the Economic Commission for Europe of the United Nations.
(2) The term “contracting party” means any country that is eligible under article 9 of the agreement and that has complied with the terms of such article.
(3) The term “equipment” means the special transport equipment that complies with the definitions and standards set forth in annex 1 to the agreement, including, but not limited to, railway cars, trucks, trailers, semitrailers, and intermodal freight containers that are insulated only, or insulated and equipped with a refrigerating, mechanically refrigerating, or heating appliance.
(4) The term “perishable foodstuffs” means quick deep-frozen and frozen food products listed in annex 2 and food products listed in annex 3 to the agreement.
(5) The term “international carriage” means transportation of perishable foodstuffs if such foodstuffs are loaded in equipment or the equipment containing them is loaded onto a rail or road vehicle, in the territory of any country and such foodstuffs are, or the equipment containing them is, unloaded in the territory of another country that is a contracting party, where such transportation is by—
(A) rail,
(B) road,
(C) any combination of rail and road, or
(D) any sea crossing of less than one hundred and fifty kilometers, if preceded or followed by one or more land journeys as referred to in clauses (A), (B), and (C) of this paragraph, and the perishable foodstuffs are shipped in the same equipment used for such land journeys without transloading of such foodstuffs.
In the case of any transportation that involves one or more sea crossings other than as specified in clause (D) of this paragraph, each land journey shall be considered separately.
(6) The term “United States” means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
(Pub. L. 97–325, § 3, Oct. 15, 1982, 96 Stat. 1603.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Carriage of Perishable Foodstuffs Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4401 of this title and Tables.
7 U.S.C. § 4403 (AGRICULTURE)
§ 4403. Duties of Secretary of Agriculture
The Secretary of Agriculture of the United States shall be the competent authority to implement the agreement. To ensure compliance with the standards specified in the agreement, the Secretary of Agriculture may—
(1) designate appropriate organizations to inspect or test equipment, or both;
(2) issue certificates of compliance in accordance with annex 1, appendix 1, paragraph 4 of the agreement;
(3) prescribe such regulations as may be necessary to implement the agreement and administer this chapter, including, but not limited to, provision for suspending or denying the designation of any organization to inspect or test equipment and for denying the issuance of certificates of compliance as may be necessary to ensure compliance with the provisions of this chapter and the regulations issued thereunder;
(4) make periodic onsite inspections of facilities and procedures used by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this chapter;
(5) require submission of reports by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this chapter;
(6) require maintenance of records by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this chapter, such records to be made available to the Secretary upon request;
(7) inform contracting parties, through the Secretary of State of the United States, of all general measures taken in connection with the implementation of the agreement; and
(8) take such other action as may be considered appropriate to implement the agreement and administer this chapter.
(Pub. L. 97–325, § 4, Oct. 15, 1982, 96 Stat. 1604.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in pars. (3) to (6) and (8), was in the original “this Act”, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Carriage of Perishable Foodstuffs Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4401 of this title and Tables.
7 U.S.C. § 4405 (AGRICULTURE)
§ 4405. Fees and charges
(a) Testing or inspection
Any organization designated by the Secretary of Agriculture to test or inspect equipment may establish reasonable fees to cover the costs of such testing or inspection. Such fees shall be payable directly to the organization by those seeking inspection or testing.
(b) Issuance of certificates of compliance
The Secretary of Agriculture may, effective October 1, 1982, fix and cause to be collected reasonable fees to cover, as nearly as practicable, the costs to the Department of Agriculture incurred in connection with the issuance of certificates of compliance as provided under section 4403(2) of this title. All fees collected shall be credited to the current appropriation account that incurs the cost and shall be available without fiscal year limitation to pay the expenses of the Secretary of Agriculture incident to the issuance of certificates of compliance under this chapter.
(Pub. L. 97–325, § 6, Oct. 15, 1982, 96 Stat. 1605.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Carriage of Perishable Foodstuffs Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4401 of this title and Tables.
7 U.S.C. § 4406 (AGRICULTURE)
§ 4406. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Agriculture for the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, such sums as are necessary to carry out the provisions of this chapter, but not to exceed $100,000 in any fiscal year.
(Pub. L. 97–325, § 7, Oct. 15, 1982, 96 Stat. 1605.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Carriage of Perishable Foodstuffs Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4401 of this title and Tables.
7 U.S.C. § 4501 (AGRICULTURE)
§ 4501. Congressional findings and declaration of policy
(a) Congress finds that—
(1) dairy products are basic foods that are a valuable part of the human diet;
(2) the production of dairy products plays a significant role in the Nation’s economy, the milk from which dairy products are manufactured is produced by thousands of milk producers, and dairy products are consumed by millions of people throughout the United States;
(3) dairy products must be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment;
(4) the maintenance and expansion of existing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using, and producing dairy products, as well as to the general economy of the Nation; and
(5) dairy products move in interstate and foreign commerce, and dairy products that do not move in such channels of commerce directly burden or affect interstate commerce of dairy products.
(b) It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all milk produced in the United States for commercial use and on imported dairy products) and carrying out a coordinated program of promotion designed to strengthen the dairy industry’s position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products. Nothing in this subchapter may be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk or the right of any person to import dairy products.
(Pub. L. 98–180, title I, § 110, Nov. 29, 1983, 97 Stat. 1136; Pub. L. 107–171, title I, § 1505(h)(1), May 13, 2002, 116 Stat. 210.)
heading: Editorial Notes
heading: Amendments
text: 2002—Subsec. (b). Pub. L. 107–171 inserted “and on imported dairy products” after “commercial use” and struck out “produced in the United States” after “fluid milk and dairy products” in first sentence and inserted “or the right of any person to import dairy products” before period at end of second sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: For short title of title I of Pub. L. 98–180 as the “Dairy Production Stabilization Act of 1983”, see Short Title of 1983 Amendment note set out under section 1421 of this title.
7 U.S.C. § 4503 (AGRICULTURE)
§ 4503. Issuance of orders
(a) Notice and opportunity for public comment
During the period beginning with November 29, 1983, and ending thirty days after receipt of a proposal for an initial dairy products promotion and research order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment upon the proposed order. The proposal for an order may be submitted by an organization certified under section 4505 of this title or by any interested person affected by the provisions of this subchapter.
(b) Effective date of orders
After notice and opportunity for public comment are given, as provided for in subsection (a) of this section, the Secretary shall issue a dairy products promotion and research order. Such order shall become effective not later than ninety days following publication of the pro­posal.
(c) Amendment of orders
The Secretary may, from time to time, amend a dairy products promotion and research order.
(d) Order implementation and international trade obligations
The Secretary, in consultation with the United States Trade Representative, shall ensure that the order is implemented in a manner consistent with the international trade obligations of the Federal Government.
(Pub. L. 98–180, title I, § 112, Nov. 29, 1983, 97 Stat. 1137; Pub. L. 107–171, title I, § 1505(g), May 13, 2002, 116 Stat. 209.)
heading: Editorial Notes
heading: Amendments
text: 2002—Subsec. (d). Pub. L. 107–171, which directed the addition of subsec. (d) at the end of section 112 of the Dairy Promotion Stabilization Act of 1983, was executed by adding subsec. (d) at the end of this section to reflect the probable intent of Congress.