dreamproit/uscode huggingface dataset:
7 U.S.C. § 1627 (AGRICULTURE)
§ 1627. Appointment of personnel; compensation; employment of specialists
The Secretary of Agriculture shall have the power to appoint, remove, and fix, in accordance with existing law, the compensation of such officers and employees, and to make such expenditures as he deems necessary, including expenditures for rent outside the District of Columbia, travel, supplies, books, equipment, and such other expenditures as may be necessary to the administration of this chapter: Provided, That the Secretary of Agriculture may appoint any technically qualified person, firm, or organization by contract or otherwise on a temporary basis and for a term not to exceed six months in any fiscal year to perform research, inspection, classification, technical, or other special services, without regard to the civil-service laws.
(Aug. 14, 1946, ch. 966, title II, § 208, 60 Stat. 1091.)
heading: Editorial Notes
heading: Codification
text: Provisions that authorized the Secretary of Agriculture to “fix the compensation” of any technically qualified person, firm, or organization by contract or otherwise on a temporary basis and for a term not to exceed six months in any fiscal year to perform research, inspection, classification, technical or other special services, without regard to the “Classification Act of 1923, as amended” were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973 repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exceptions contained in this subsection because of section 1106(b) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632 (of which section 1 revised and enacted Title 5, U.S.C., into law). Section 5102 of Title 5, now contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.
7 U.S.C. § 1627a (AGRICULTURE)
§ 1627a. Sheep production and marketing grant program
(a) Establishment
The Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, shall establish a competitive grant program for the purposes of strengthening and enhancing the production and marketing of sheep and sheep products in the United States, including through—
(1) the improvement of—
(A) infrastructure;
(B) business; and
(C) resource development; and
(2) the development of innovative approaches to solve long-term needs.
(b) Eligibility
The Secretary shall make grants under this section to at least one national entity, the mission of which is consistent with the purpose of the grant program.
(c) Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $2,000,000 for fiscal year 2019, to remain available until expended.
(Aug. 14, 1946, ch. 966, title II, § 209, as added Pub. L. 113–79, title XII, § 12102(a), Feb. 7, 2014, 128 Stat. 978; amended Pub. L. 115–334, title XII, § 12102, Dec. 20, 2018, 132 Stat. 4942.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (c). Pub. L. 115–334 substituted “$2,000,000 for fiscal year 2019” for “$1,500,000 for fiscal year 2014”.
7 U.S.C. § 1629 (AGRICULTURE)
§ 1629. Establishment of committees to assist in research and service programs
In the furtherance of the research and service work authorized by this Act, the Secretary of Agriculture may, in addition to the national advisory committee, establish appropriate committees, including representatives of producers, industry, government and science, to assist in effectuating specific research and service programs.
(Aug. 14, 1946, ch. 966, title III, § 302, 60 Stat. 1091.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act Aug. 14, 1946, ch. 966, 60 Stat. 1082, which enacted this chapter and sections 427h, 427j, and 3105 of this title and amended section 3104 of this title. For complete classification of this Act to the Code, see Tables.
The national advisory committee, referred to in text, was established by section 1628 of this title, which was subsequently repealed by Pub. L. 93–86, § 2, Aug. 10, 1973, 87 Stat. 246.
heading: Codification
text: Section was not enacted as part of the Agricultural Marketing Act of 1946 which comprises this chapter.
7 U.S.C. § 1630 (AGRICULTURE)
§ 1630. Omitted
heading: Editorial Notes
heading: Codification
text: Section, act June 4, 1956, ch. 355, title V, § 508, 70 Stat. 241, which provided for availability of appropriations for committee expenses in effectuating research and service work, was from the Department of Agriculture and Farm Credit Administration Appropriation Act, 1957, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:
May 23, 1955, ch. 43, title V, § 509, 69 Stat. 64.
June 29, 1954, ch. 409, title V, § 509, 68 Stat. 319.
7 U.S.C. § 1632c (AGRICULTURE)
§ 1632c. Acer access and development program
(a) Grants authorized
The Secretary of Agriculture may make competitive grants to States, tribal governments, and research institutions to support the efforts of such States, tribal governments, and research institutions to promote the domestic maple syrup industry through the following activities:
(1) Promotion of research and education related to maple syrup production.
(2) Promotion of natural resource sustainability in the maple syrup industry.
(3) Market promotion for maple syrup and maple-sap products.
(4) Encouragement of owners and operators of privately held land containing species of trees in the genus Acer—
(A) to initiate or expand maple-sugaring activities on the land; or
(B) to voluntarily make the land available, including by lease or other means, for access by the public for maple-sugaring activities.
(b) Application
In submitting an application for a competitive grant under this section, a State, tribal government, or research institution shall include—
(1) a description of the activities to be supported using the grant funds;
(2) a description of the benefits that the State, tribal government, or research institution intends to achieve as a result of engaging in such activities; and
(3) an estimate of the increase in maple-sugaring activities or maple syrup production that the State, tribal government, or research institution anticipates will occur as a result of engaging in such activities.
(c) Rule of construction
Nothing in this section shall be construed so as to preempt a State or tribal government law, including a State or tribal government liability law.
(d) Definition of maple-sugaring
In this section, the term “maple-sugaring” means the collection of sap from any species of tree in the genus Acer for the purpose of boiling to produce food.
(e) Regulations
The Secretary of Agriculture shall promulgate such regulations as are necessary to carry out this section.
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2023.
(Pub. L. 113–79, title XII, § 12306, Feb. 7, 2014, 128 Stat. 988; Pub. L. 115–334, title XII, § 12501, Dec. 20, 2018, 132 Stat. 4982.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Agricultural Act of 2014, and not as part of the Agricultural Marketing Act of 1946 which comprises this chapter.
heading: Amendments
text: 2018—Subsec. (f). Pub. L. 115–334 substituted “2023” for “2018”.
7 U.S.C. § 1633 (AGRICULTURE)
§ 1633. Cooperation with State agencies in administration and enforcement of laws relating to marketing of agricultural products and control or eradication of plant and animal diseases and pests; coordination of administration of Federal and State laws
In order to avoid duplication of functions, facilities, and personnel, and to attain closer coordination and greater effectiveness and economy in administration of Federal and State laws and regulations relating to the marketing of agricultural products and to the control or eradication of plant and animal diseases and pests, the Secretary of Agriculture is authorized, in the administration and enforcement of such Federal laws within his area of responsibility, whenever he deems it feasible and in the public interest, to enter into cooperative arrangements with State departments of agriculture and other State agencies charged with the administration and enforcement of such State laws and regulations and to provide that any such State agency which has adequate facilities, personnel, and procedures, as determined by the Secretary, may assist the Secretary in the administration and enforcement of such Federal laws and regulations to the extent and in the manner he deems appropriate in the public interest.
Further, the Secretary is authorized to coordinate the administration of such Federal laws and regulations with such State laws and regulations wherever feasible. However, nothing herein shall affect the jurisdiction of the Secretary of Agriculture under any Federal law, or any authority to cooperate with State agencies or other agencies or persons under existing provisions of law, or affect any restrictions of law upon such cooperation.
(Pub. L. 87–718, Sept. 28, 1962, 76 Stat. 663.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 450 of this title prior to editorial reclassification and renumbering as this section.
Section was enacted as Pub. L. 87–718, popularly known as the Talmadge-Aiken Act, and not as part of the Agricultural Marketing Act of 1946 which comprises this chapter.
7 U.S.C. § 1635k (AGRICULTURE)
§ 1635k. Mandatory reporting of wholesale pork cuts
(a) Reporting
The corporate officers or officially designated representatives of each packer shall report to the Secretary information concerning the price and volume of wholesale pork cuts, as the Secretary determines is necessary and appropriate.
(b) Publication
The Secretary shall publish information reported under subsection (a) as the Secretary determines necessary and appropriate.
(Aug. 14, 1946, ch. 966, title II, § 233, as added Pub. L. 111–239, § 2(b)(1), Sept. 27, 2010, 124 Stat. 2501.)
heading: Statutory Notes and Related Subsidiaries
heading: Negotiated Rulemaking Process
text: Pub. L. 111–239, § 2(b)(2)–(4), Sept. 27, 2010, 124 Stat. 2501, provided that:
“(2) Negotiated rulemaking.—
The Secretary of Agriculture shall establish a negotiated rulemaking process pursuant to subchapter III of chapter 5 of title 5, United States Code, to negotiate and develop a proposed rule to implement the amendment made by paragraph (1) [enacting this section].
“(3) Negotiated rulemaking committee.—
“(A) Representation.—
Any negotiated rulemaking committee established by the Secretary of Agriculture pursuant to paragraph (2) shall include representatives from—
“(i) organizations representing swine producers;
“(ii) organizations representing packers of pork, processors of pork, retailers of pork, and buyers of wholesale pork;
“(iii) the Department of Agriculture; and
“(iv) among interested parties that participate in swine or pork production.
“(B) Inapplicability of federal advisory committee act.—
Any negotiated rulemaking committee established by the Secretary of Agriculture pursuant to paragraph (2) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
“(4) Timing of proposed and final rules.—
In carrying out the negotiated rulemaking process under paragraph (2), the Secretary of Agriculture shall ensure that—
“(A) any recommendation for a proposed rule or report is provided to the Secretary of Agriculture not later than 180 days after the date of the enactment of this Act [Sept. 27, 2010]; and
“(B) a final rule is promulgated not later than one and a half years after the date of the enactment of this Act.”
7 U.S.C. § 1635m (AGRICULTURE)
§ 1635m. Mandatory reporting for lambs
(a) Establishment
The Secretary may establish a program of mandatory lamb price information reporting that will—
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the lamb slaughtering industry.
(b) Notice and comment
If the Secretary establishes a mandatory price reporting program under subsection (a), the Secretary shall provide an opportunity for comment on proposed regulations to establish the program during the 30-day period beginning on the date of the publication of the proposed regulations.
(Aug. 14, 1946, ch. 966, title II, § 241, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1200.)
heading: Statutory Notes and Related Subsidiaries
heading: Lamb Reporting
text: Pub. L. 114–54, title I, § 103, Sept. 30, 2015, 129 Stat. 514, provided that:
“Not later than 180 days after the date of enactment of this Act [Sept. 30, 2015], the Secretary of Agriculture shall revise section 59.300 of title 7, Code of Federal Regulations, so that—
“(1) the definition of the term ‘importer’—
“(A) includes only those importers that imported an average of 1,000 metric tons of lamb meat products per year during the immediately preceding 4 calendar years; and
“(B) may include any person that does not meet the requirement referred to in subparagraph (A), if the Secretary determines that the person should be considered an importer based on their volume of lamb imports; and
“(2) the definition of the term ‘packer’—
“(A) applies to any entity with 50 percent or more ownership in a facility;
“(B) includes a federally inspected lamb processing plant which slaughtered or processed the equivalent of an average of 35,000 head of lambs per year during the immediately preceding 5 calendar years; and
“(C) may include any other lamb processing plant that does not meet the requirement referred to in subparagraph (B), if the Secretary determines that the processing plant should be considered a packer after considering the capacity of the processing plant.”
7 U.S.C. § 1636i (AGRICULTURE)
§ 1636i. Termination of authority
The authority provided by this subchapter terminates on September 30, 2020.1
(Aug. 14, 1946, ch. 966, title II, § 260, as added Pub. L. 109–296, § 1(a), Oct. 5, 2006, 120 Stat. 1464; amended Pub. L. 111–239, § 2(a)(1), Sept. 27, 2010, 124 Stat. 2501; Pub. L. 114–54, title I, § 101(a), Sept. 30, 2015, 129 Stat. 513.)
heading: Editorial Notes
heading: Amendments
text: 2015—Pub. L. 114–54 substituted “September 30, 2020” for “September 30, 2015”.
2010—Pub. L. 111–239 substituted “September 30, 2015” for “September 30, 2010”.
heading: Statutory Notes and Related Subsidiaries
heading: Mandatory Livestock Reporting Extension
text: Pub. L. 116–260, div. O, title IV, § 401, Dec. 27, 2020, 134 Stat. 2149, provided that: “Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) and section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78) shall be applied by substituting ‘September 30, 2021’ for ‘September 30, 2020’.”
7 U.S.C. § 1637a (AGRICULTURE)
§ 1637a. Definitions
In this subchapter:
(1) Dairy products
The term “dairy products” means—
(A) manufactured dairy products that are used by the Secretary to establish minimum prices for Class III and Class IV milk under a Federal milk marketing order issued under section 608c of this title; and
(B) substantially identical products designated by the Secretary.
(2) Manufacturer
The term “manufacturer” means any person engaged in the business of buying milk in commerce for the purpose of manufacturing dairy products.
(3) Secretary
The term “Secretary” means the Secretary of Agriculture.
(Aug. 14, 1946, ch. 966, title II, § 272, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2541; amended Pub. L. 107–171, title I, § 1504, May 13, 2002, 116 Stat. 207.)
heading: Editorial Notes
heading: Amendments
text: 2002—Par. (1). Pub. L. 107–171 inserted hyphen after “means”, designated remainder of existing provisions as subpar. (A), substituted “; and” for period at end, and added subpar. (B).
7 U.S.C. § 1638b (AGRICULTURE)
§ 1638b. Enforcement
(a) Warnings
If the Secretary determines that a retailer or person engaged in the business of supplying a covered commodity to a retailer is in violation of section 1638a of this title, the Secretary shall—
(1) notify the retailer 1 of the determination of the Secretary; and
(2) provide the retailer 1 a 30-day period, beginning on the date on which the retailer 1 receives the notice under paragraph (1) from the Secretary, during which the retailer 1 may take necessary steps to comply with section 1638a of this title.
(b) Fines
If, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person engaged in the business of supplying a covered commodity to a retailer has—
(1) not made a good faith effort to comply with section 1638a of this title, and
(2) continues to willfully violate section 1638a of this title with respect to the violation about which the retailer or person received notification under subsection (a)(1),
after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer or person in an amount of not more than $1,000 for each violation.
(Aug. 14, 1946, ch. 966, title II, § 283, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 535; amended Pub. L. 110–234, title XI, § 11002(3), May 22, 2008, 122 Stat. 1354; Pub. L. 110–246, § 4(a), title XI, § 11002(3), June 18, 2008, 122 Stat. 1664, 2116.)
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—Pub. L. 110–246, § 11002(3), redesignated subsec. (b) as (a) and substituted “retailer or person engaged in the business of supplying a covered commodity to a retailer” for “retailer” in introductory provisions, added subsec. (b), and struck out former subsecs. (a) and (c) which related to applicability of section 1636b of this title to a violation of this subchapter and fine for violation of section 1638a of this title. The substitution in subsec. (a) was made for “retailer” the first time appearing to reflect the probable intent of Congress.
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. § 1638d (AGRICULTURE)
§ 1638d. Applicability
This subchapter shall apply to the retail sale of a covered commodity beginning September 30, 2008, except for “farm-raised fish” and “wild fish” which shall be September 30, 2004.
(Aug. 14, 1946, ch. 966, title II, § 285, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 535; amended Pub. L. 108–199, div. A, title VII, § 749, Jan. 23, 2004, 118 Stat. 37; Pub. L. 109–97, title VII, § 792, Nov. 10, 2005, 119 Stat. 2164.)
heading: Editorial Notes
heading: Amendments
text: 2005—Pub. L. 109–97 substituted “2008” for “2006”.
2004—Pub. L. 108–199 substituted “2006, except for ‘farm-raised fish’ and ‘wild fish’ which shall be September 30, 2004” for “2004”.
7 U.S.C. § 1639a (AGRICULTURE)
§ 1639a. Applicability
(a) In general
This subchapter shall apply to any claim in a disclosure that a food bears that indicates that the food is a bioengineered food.
(b) Application of definition
The definition of the term “bioengineering” under section 1639 of this title shall not affect any other definition, program, rule, or regulation of the Federal Government.
(c) Application to foods
This subchapter shall apply only to a food subject to—
(1) the labeling requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
(2) the labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.) only if—
(A) the most predominant ingredient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
(B)
(i) the most predominant ingredient of the food is broth, stock, water, or a similar solution; and
(ii) the second-most predominant ingredient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(Aug. 14, 1946, ch. 966, title II, § 292, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 834.)
heading: Editorial Notes
heading: References in Text
text: The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(1), (2)(A), (B)(ii), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
The Federal Meat Inspection Act, referred to in subsec. (c)(2), is titles I to IV of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90–201, Dec. 15, 1967, 81 Stat. 584, which are classified generally to subchapters I to IV (§ 601 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 21 and Tables.
The Poultry Products Inspection Act, referred to in subsec. (c)(2), is Pub. L. 85–172, Aug. 28, 1957, 71 Stat. 441, which is classified generally to chapter 10 (§ 451 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 451 of Title 21 and Tables.
The Egg Products Inspection Act, referred to in subsec. (c)(2), is Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to chapter 15 (§ 1031 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of Title 21 and Tables.
7 U.S.C. § 1639c (AGRICULTURE)
§ 1639c. Savings provisions
(a) Trade
This subchapter shall be applied in a manner consistent with United States obligations under international agreements.
(b) Other authorities
Nothing in this subchapter—
(1) affects the authority of the Secretary of Health and Human Services or creates any rights or obligations for any person under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
(2) affects the authority of the Secretary of the Treasury or creates any rights or obligations for any person under the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.).
(c) Other
A food may not be considered to be “not bioengineered”, “non-GMO”, or any other similar claim describing the absence of bioengineering in the food solely because the food is not required to bear a disclosure that the food is bioengineered under this subchapter.
(Aug. 14, 1946, ch. 966, title II, § 294, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 838.)
heading: Editorial Notes
heading: References in Text
text: The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
The Federal Alcohol Administration Act, referred to in subsec. (b)(2), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, which is classified generally to subchapter I (§ 201 et seq.) of chapter 8 of Title 27, Intoxicating Liquors. For complete classification of this Act to the Code, see section 201 of Title 27 and Tables.