dreamproit/uscode huggingface dataset:
7 U.S.C. § 7287 (AGRICULTURE)
§ 7287. Commodity Credit Corporation storage payments
(a) Initial crop years
Notwithstanding any other provision of law, for each of the 2008 through 2011 crop years, the Commodity Credit Corporation shall establish rates for the storage of forfeited sugar in an amount that is not less than—
(1) in the case of refined sugar, 15 cents per hundredweight of refined sugar per month; and
(2) in the case of raw cane sugar, 10 cents per hundredweight of raw cane sugar per month.
(b) Subsequent crop years
For each of the 2012 and subsequent crop years, the Commodity Credit Corporation shall establish rates for the storage of forfeited sugar in the same manner as was used on the day before the date of enactment of this section.
(Pub. L. 104–127, title I, § 167, as added Pub. L. 110–234, title I, § 1405, May 22, 2008, 122 Stat. 990, and Pub. L. 110–246, § 4(a), title I, § 1405, June 18, 2008, 122 Stat. 1664, 1718.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
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 L. 110–234 was repealed by section 4(a) of Pub.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.
Section 1405 of Pub. L. 110–246, which directed that this section be added at the end of subtitle E of the Federal Agriculture Improvement and Reform Act of 1996, was executed by adding this section at the end of subtitle E of title I of that Act, to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
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. § 7302 (AGRICULTURE)
§ 7302. Effect of chapter
(a) Effect on prior crops
Except as otherwise specifically provided in this chapter and notwithstanding any other provision of law, this chapter and the amendments made by this chapter shall not affect the authority of the Secretary to carry out a price support or production adjustment program for any of the 1991 through 1995 crops of an agricultural commodity established under a provision of law in effect immediately before April 4, 1996.
(b) Liability
A provision of this chapter or an amendment made by this chapter shall not affect the liability of any person under any provision of law as in effect before April 4, 1996.
(Pub. L. 104–127, title I, § 172, Apr. 4, 1996, 110 Stat. 938.)
heading: Editorial Notes
heading: References in Text
text: For definition of “this chapter”, referred to in text, see note set out under section 7201 of this title.
7 U.S.C. § 7317 (AGRICULTURE)
§ 7317. Personnel matters
(a) Compensation
Each member of the Commission shall serve without compensation, but shall be allowed travel expenses including per diem in lieu of subsistence, as authorized by section 5703 of title 5, when engaged in the performance of Commission duties.
(b) Staff
(1) Appointment
The Commission shall appoint a staff director, who shall be paid at a rate not to exceed the maximum rate of basic pay under section 5376 of title 5, and such professional and clerical personnel as may be reasonable and necessary to enable the Commission to carry out its duties under this subchapter without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, or any other provision of law, relating to the number, classification, and General Schedule rates.
(2) Limitation on compensation
No employee appointed under this subsection (other than the staff director) may be compensated at a rate to exceed the maximum rate applicable to level GS–15 of the General Schedule.
(c) Detailed personnel
On the request of the chairperson of the Commission, the head of any department or agency of the Federal Government is authorized to detail, without reimbursement, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties under this section. The detail of any individual may not result in the interruption or loss of civil service status or other privilege of the individual.
(Pub. L. 104–127, title I, § 187, Apr. 4, 1996, 110 Stat. 941.)
heading: Editorial Notes
heading: References in Text
text: The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5.
heading: Statutory Notes and Related Subsidiaries
heading: References to Maximum Rate Under 5 U.S.C. 5376
text: For reference to maximum rate under section 5376 of Title 5, Government Organization and Employees, see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of Title 5.
7 U.S.C. § 7416a (AGRICULTURE)
§ 7416a. Confirmation of authority of Secretary of Agriculture to collect State commodity assessments
(a) Collection from marketing assistance loans
The Secretary of Agriculture shall collect commodity assessments from the proceeds of a marketing assistance loan for a producer if the assessment is required to be paid by the producer or the first purchaser of a commodity pursuant to a State law or pursuant to an authority administered by the Secretary. This collection authority does not extend to a State tax or other revenue collection activity by a State.
(b) Collection pursuant to agreement
The collection of an assessment under subsection (a) shall be made as specified in an agreement between the Secretary of Agriculture and the State requesting the collection.
(c) Prohibition on charging certain fees
The Secretary may not charge any fees or related costs for the collection of commodity assessments pursuant to this section.
(Pub. L. 108–470, § 1, Dec. 21, 2004, 118 Stat. 3894; Pub. L. 110–234, title I, § 1616, May 22, 2008, 122 Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1616, June 18, 2008, 122 Stat. 1664, 1749.)
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.
Section was not enacted as part of the Commodity Promotion, Research, and Information Act of 1996 which comprises this subchapter.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246, § 1616(1), substituted “shall” for “may”.
Subsec. (c). Pub. L. 110–246, § 1616(2), added subsec. (c).
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. § 7447 (AGRICULTURE)
§ 7447. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this subchapter may file with the Secretary a petition—
(A) stating that the order, a provision of the order, or an obligation imposed in connection with the order is not established in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary.
(3) Ruling
After a hearing under paragraph (2), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law.
(4) Limitation on petition
Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.
(b) Review
(1) Commencement of action
The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review a ruling on the petition, if a complaint is filed by the person not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a)(3).
(2) Process
Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable law, the court shall remand the matter to the Secretary with directions either—
(A) to make such ruling as the court shall determine to be in accordance with law; or
(B) to take such further proceedings as, in the opinion of the court, the law requires.
(4) Enforcement
The pendency of proceedings instituted under subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 7448 of this title.
(Pub. L. 104–127, title V, § 538, Apr. 4, 1996, 110 Stat. 1060.)
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. § 7463 (AGRICULTURE)
§ 7463. Issuance of orders
(a) Issuance
To effectuate the purposes of this subchapter specified in section 7461(b) of this title, the Secretary shall issue an order applicable to producers, handlers, and importers of kiwifruit. Any such order shall be national in scope. Not more than 1 order shall be in effect under this subchapter at any 1 time.
(b) Procedure
(1) Proposal for issuance of order
Any person that will be affected by this subchapter may request the issuance of, and submit a proposal for, an order under this subchapter.
(2) Proposed order
Not later than 90 days after the receipt of a request and proposal for an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.
(3) Issuance of order
After notice and opportunity for public comment are provided under paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with this subchapter.
(c) Amendments
The Secretary may amend any order issued under this section. The provisions of this subchapter applicable to an order shall be applicable to an amendment to an order, except that an amendment to an order shall not require a referendum to become effective.
(Pub. L. 104–127, title V, § 554, Apr. 4, 1996, 110 Stat. 1065; Pub. L. 105–185, title VI, § 603(a), June 23, 1998, 112 Stat. 585.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–185 inserted “, except that an amendment to an order shall not require a referendum to become effective” before period at end.
7 U.S.C. § 7467 (AGRICULTURE)
§ 7467. Petition and review
(a) Petition
(1) In general
A person subject to an order may file with the Secretary a petition—
(A) stating that the order, a provision of the order, or an obligation imposed in connection with the order is not in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) Ruling
After the hearing, the Secretary shall issue a ruling on the petition which shall be final if the petition is in accordance with law.
(4) Limitation on petition
Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.
(b) Review
(1) Commencement of action
The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business is vested with jurisdiction to review the ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
(2) Process
Service of process in the proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—
(A) to make such ruling as the court shall determine to be in accordance with law; or
(B) to take such further action as, in the opinion of the court, the law requires.
(4) Enforcement
The pendency of a proceeding instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 7468 of this title.
(Pub. L. 104–127, title V, § 558, Apr. 4, 1996, 110 Stat. 1070.)
heading: 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. § 7504 (AGRICULTURE)
§ 7504. Initial processing costs
The Secretary may use funds of the Commodity Credit Corporation to pay costs of initial processing and packaging of commodities to be distributed under the program established under this chapter into forms, and in quantities, suitable, as determined by the Secretary, for use in individual households when such commodities are to be consumed by individual households or for institutional use, as applicable. The Secretary may pay such costs in the form of Corporation-owned commodities equal in value to such costs. The Secretary shall ensure that any such payments in kind will not displace commercial sales of such commodities.
(Pub. L. 98–8, title II, § 203A, as added Pub. L. 98–92, § 2(5), Sept. 2, 1983, 97 Stat. 609; amended Pub. L. 99–198, title XV, § 1565(b), Dec. 23, 1985, 99 Stat. 1591.)
heading: Editorial Notes
heading: Amendments
text: 1985—Pub. L. 99–198 struck out “, except that wheat from the Food Security Wheat Reserve may not be used to pay such costs” after “equal in value to such costs”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that this section is effective Oct. 1, 1983.
7 U.S.C. § 7506 (AGRICULTURE)
§ 7506. Assurances; anticipated use
(a) The Secretary shall take such precautions as the Secretary deems necessary to assure that any eligible recipient agency receiving commodities under this chapter will provide such commodities to persons served by the eligible recipient agency and will not diminish its normal expenditures for food by reason of the receipt of such commodities. The Secretary shall also take such precautions as the Secretary deems necessary to assure that commodities made available under this chapter will not displace commercial sales of such commodities or the products thereof. The Secretary shall not make commodities available for donation in any quantity or manner that the Secretary, in the Secretary’s discretion, determines may, substitute for the same or any other agricultural produce that would otherwise be purchased in the market.
(b) Commodities provided under this chapter shall be distributed only in quantities that can be consumed without waste. No eligible recipient agency may receive commodities under this chapter in excess of anticipated use, based on inventory records and controls, or in excess of its ability to accept and store such commodities.
(Pub. L. 98–8, title II, § 203C, as added Pub. L. 98–92, § 2(5), Sept. 2, 1983, 97 Stat. 610; amended Pub. L. 99–198, title XV, § 1566, Dec. 23, 1985, 99 Stat. 1591; Pub. L. 104–66, title I, § 1011(k), Dec. 21, 1995, 109 Stat. 710.)
heading: Editorial Notes
heading: Amendments
text: 1995—Subsec. (a). Pub. L. 104–66 struck out at end “The Secretary shall submit to Congress each year a report as to whether and to what extent such displacements or substitutions are occurring.”
1985—Subsec. (a). Pub. L. 99–198 inserted at end “The Secretary shall submit to Congress each year a report as to whether and to what extent such displacements or substitutions are occurring.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that this section is effective Oct. 1, 1983.
7 U.S.C. § 7509 (AGRICULTURE)
§ 7509. Relationship to other programs
(a) Section 2013(b) of this title shall not apply with respect to the distribution of commodities under this chapter.
(b) Except as otherwise provided in section 7504 of this title, none of the commodities distributed under this chapter shall be sold or otherwise disposed of in commercial channels in any form.
(Pub. L. 98–8, title II, § 205, Mar. 24, 1983, 97 Stat. 36; Pub. L. 98–92, § 2(7), Sept. 2, 1983, 97 Stat. 611; Pub. L. 110–234, title I, § 4002(b)(1)(B), (2)(I), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(I), June 18, 2008, 122 Stat. 1664, 1857, 1858.)
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. (a). Pub. L. 110–246, § 4002(b)(1)(B), (2)(I), made technical amendment to reference in original act which appears in text as reference to section 2013(b) of this title.
1983—Pub. L. 98–92 substituted “Relationship to other programs” for “Relationships to food stamps” in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by section 4002(b)(1)(B), (2)(I) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
heading: Effective Date of 1983 Amendment
text: Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that the amendment made by section 2 is effective Oct. 1, 1983.
7 U.S.C. § 7513 (AGRICULTURE)
§ 7513. Finality of determinations
Determinations made by the Secretary of Agriculture under this chapter and the facts constituting the basis for any donation of commodities under this chapter, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.
(Pub. L. 98–8, title II, § 211, as added Pub. L. 98–92, § 2(10), Sept. 2, 1983, 97 Stat. 612.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that this section is effective Oct. 1, 1983.
7 U.S.C. § 7514 (AGRICULTURE)
§ 7514. Incorporation of additional commodities
(a) In general
The Secretary shall administer the program authorized under this chapter in a manner that incorporates into the program additional commodities purchased by the Secretary under section 7515 of this title to be distributed to States for use in such States by emergency feeding organizations, as defined in section 7501(1) 1 of this title. Such additional commodities, to the extent practicable and appropriate, shall include commodities purchased within a given State for distribution within such State.
(b) Supplement commodities available
The Secretary shall supplement the commodities made available to emergency feeding organizations under sections 7502 and 7507(a) of this title with nutritious and useful commodities purchased by the Secretary under section 7515 of this title.
(Pub. L. 98–8, title II, § 213, as added Pub. L. 100–435, title I, § 104, Sept. 19, 1988, 102 Stat. 1648.)
heading: Editorial Notes
heading: References in Text
text: Section 7501 of this title, referred to in subsec. (a), was subsequently amended, and section 7501(1) no longer defines the term “emergency feeding organization”. However, such term is defined elsewhere in that section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.
7 U.S.C. § 7516 (AGRICULTURE)
§ 7516. Settlement and adjustment of claims
(a) In general
The Secretary or a designee of the Secretary shall have the authority to—
(1) determine the amount of, settle, and adjust any claim arising under this chapter; and
(2) waive such a claim if the Secretary determines that to do so will serve the purposes of this chapter.
(b) Litigation
Nothing contained in this section shall be construed to diminish the authority of the Attorney General of the United States under section 516 of title 28 to conduct litigation on behalf of the United States.
(Pub. L. 98–8, title II, § 215, as added Pub. L. 102–237, title IX, § 922(b), Dec. 13, 1991, 105 Stat. 1888.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102–237, set out as an Effective Date of 1991 Amendment note under section 1421 of this title.
7 U.S.C. § 7611 (AGRICULTURE)
§ 7611. Standards for Federal funding of agricultural research, extension, and education
(a) In general
The Secretary shall ensure that agricultural research, extension, or education activities described in subsection (b) address a concern that—
(1) is a priority, as determined under section 7612(a) of this title; and
(2) has national, multistate, or regional significance.
(b) Application
Subsection (a) applies to—
(1) research activities conducted by the Agricultural Research Service; and
(2) research, extension, or education activities administered, on a competitive basis, by the National Institute of Food and Agriculture.
(Pub. L. 105–185, title I, § 101, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, § 7511(c)(29), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(29), June 18, 2008, 122 Stat. 1664, 2031.)
heading: 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. (b)(2). Pub. L. 110–246, § 7511(c)(29), substituted “National Institute of Food and Agriculture” for “Cooperative State Research, Education, and Extension Service”.
heading: 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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by section 7511(c)(29) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.