-CITE-

7 USC CHAPTER 38 - DISTRIBUTION AND MARKETING OF

AGRICULTURAL PRODUCTS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

.

-HEAD-

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1621. Congressional declaration of purpose; use of existing

facilities; cooperation with States.

1622. Duties of Secretary relating to agricultural products.

(a) Determination of methods of processing,

packaging, marketing, etc.; publication of

results.

(b) Determination of costs.

(c) Improvement of standards of quality, condition,

etc.; standard of quality for ice cream.

(d) Elimination of artificial barriers to free

movement.

(e) Development of new markets.

(f) Increasing consumer education.

(g) Collection and dissemination of marketing

information.

(h) Inspection and certification of products in

interstate commerce; credit and future

availability of funds; investment; certificates

as evidence; penalties.

(i) Development of facilities for assembling,

processing, transporting, etc.

(j) Improvement of transportation facilities and

rates.

(k) Collection and dissemination of marketing

statistics.

(l) Development of procurement standards and

specifications.

(m) Promotion of research for handling, storing,

preserving, etc.

(n) General research, services, and activities.

1622a. Authority to assist farmers and elevator operators.

1623. Authorization of appropriations; allotments to States.

1623a. Minimum sum for contracting.

1624. Cooperation with Government and State agencies, private

research organizations, etc.; rules and regulations.

1625. Transfer and consolidation of functions, powers, bureaus,

etc.

1626. Definitions.

1627. Appointment of personnel; compensation; employment of

specialists.

1628. Repealed.

1629. Establishment of committees to assist in research and service

programs.

1630. Omitted.

1631. Protection for purchasers of farm products.

(a) Congressional findings.

(b) Declaration of purpose.

(c) Definitions.

(d) Purchases free of security interest.

(e) Purchases subject to security interest.

(f) Law governing ''receipt''.

(g) Commission merchants or selling agents: sales

free of or subject to security interest; law

governing ''receipt''.

(h) Security agreements; identity lists; notice of

identity or accounting for proceeds;

violations.

(i) Regulations.

(j) Effective date.

1632. Repealed.

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

PART A - PURPOSE; DEFINITIONS

1635. Purpose.

1635a. Definitions.

PART B - CATTLE REPORTING

1635d. Definitions.

1635e. Mandatory reporting for live cattle.

(a) Establishment.

(b) General reporting provisions applicable to

packers and the Secretary.

(c) Daily reporting.

(d) Weekly reporting.

(e) Regional reporting of cattle types.

1635f. Mandatory packer reporting of boxed beef sales.

(a) Daily reporting.

(b) Publication.

PART C - SWINE REPORTING

1635i. Definitions.

1635j. Mandatory reporting for swine.

(a) Establishment.

(b) General reporting provisions applicable to

packers and the Secretary.

(c) Daily reporting.

(d) Weekly noncarcass merit premium report.

PART D - LAMB REPORTING

1635m. Mandatory reporting for lambs.

(a) Establishment.

(b) Notice and comment.

PART E - ADMINISTRATION

1636. General provisions.

(a) Confidentiality.

(b) Disclosure by Federal Government employees.

(c) Reporting by packers.

(d) Regional reporting and aggregation.

(e) Adjustments.

(f) Verification.

(g) Electronic reporting and publishing.

(h) Reporting of activities on weekends and holidays.

(i) Effect on other laws.

1636a. Unlawful acts.

1636b. Enforcement.

(a) Civil penalty.

(b) Cease and desist.

(c) Notice and hearing.

(d) Finality and judicial review.

(e) Enforcement.

(f) Injunction or restraining order.

(g) Failure to obey orders.

1636c. Fees.

1636d. Recordkeeping.

(a) In general.

(b) Limitations.

(c) Purchases of cattle or swine.

1636e. Voluntary reporting.

1636f. Publication of information on retail purchase prices for

representative meat products.

(a) In general.

(b) Information.

(c) Meat Price Spreads Report.

(d) Information collection.

(e) Administration.

1636g. Suspension authority regarding specific terms of price

reporting requirements.

(a) In general.

(b) Suspension procedure.

1636h. Federal preemption.

SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

1637. Purpose.

1637a. Definitions.

1637b. Mandatory reporting for dairy products.

(a) Establishment.

(b) Requirements.

(c) Administration.

(d) Authorization of appropriations.

SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

1638. Definitions.

1638a. Notice of country of origin.

(a) In general.

(b) Exemption for food service establishments.

(c) Method of notification.

(d) Audit verification system.

(e) Information.

(f) Certification of origin.

1638b. Enforcement.

(a) In general.

(b) Warnings.

(c) Fines.

1638c. Regulations.

(a) Guidelines.

(b) Regulations.

(c) Partnerships with States.

1638d. Applicability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 198b, 1623a, 6104 of this

title; title 21 section 1033.

-CITE-

7 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

7 USC Sec. 1621 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1621. Congressional declaration of purpose; use of existing

facilities; cooperation with States

-STATUTE-

The Congress declares that a sound, efficient, and privately

operated system for distributing and marketing agricultural

products is essential to a prosperous agriculture and is

indispensable to the maintenance of full employment and to the

welfare, prosperity, and health of the Nation. It is further

declared to be the policy of Congress to promote through research,

study, experimentation, and through cooperation among Federal and

State agencies, farm organizations, and private industry a

scientific approach to the problems of marketing, transportation,

and distribution of agricultural products similar to the scientific

methods which have been utilized so successfully during the past

eighty-four years in connection with the production of agricultural

products so that such products capable of being produced in

abundance may be marketed in an orderly manner and efficiently

distributed. In order to attain these objectives, it is the intent

of Congress to provide for (1) continuous research to improve the

marketing, handling, storage, processing, transportation, and

distribution of agricultural products; (2) cooperation among

Federal and State agencies, producers, industry organizations, and

others in the development and effectuation of research and

marketing programs to improve the distribution processes; (3) an

integrated administration of all laws enacted by Congress to aid

the distribution of agricultural products through research, market

aids and services, and regulatory activities, to the end that

marketing methods and facilities may be improved, that distribution

costs may be reduced and the price spread between the producer and

consumer may be narrowed, that dietary and nutritional standards

may be improved, that new and wider markets for American

agricultural products may be developed, both in the United States

and in other countries, with a view to making it possible for the

full production of American farms to be disposed of usefully,

economically, profitably, and in an orderly manner. In

effectuating the purposes of this chapter, maximum use shall be

made of existing research facilities owned or controlled by the

Federal Government or by State agricultural experiment stations and

of the facilities of the Federal and State extension services. To

the maximum extent practicable marketing research work done under

this chapter in cooperation with the States shall be done in

cooperation with the State agricultural experiment stations;

marketing educational and demonstrational work done under this

chapter in cooperation with the States shall be done in cooperation

with the State agricultural extension service; market information,

inspection, regulatory work and other marketing service done under

this chapter in cooperation with the State agencies shall be done

in cooperation with the State departments of agriculture, and State

bureaus and departments of markets.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 202, 60 Stat. 1087.)

-MISC1-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-532, Sec. 1, Nov. 22, 2000, 114 Stat. 2541, provided

that: ''This Act (enacting subchapter III of this chapter) may be

cited as the 'Dairy Market Enhancement Act of 2000'.''

SHORT TITLE

Section 201 of title II of act Aug. 14, 1946, provided that:

''This title (enacting this chapter) may be cited as the

'Agricultural Marketing Act of 1946'.''

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-MISC5-

AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM

Pub. L. 107-171, title VI, Sec. 6402, May 13, 2002, 116 Stat.

426, provided that:

''(a) Purpose. - The purpose of this section is to direct the

Secretary of Agriculture to establish a demonstration program under

which agricultural producers are provided -

''(1) technical assistance, consisting of engineering services,

applied research, scale production, and similar services, to

enable the agricultural producers to establish businesses to

produce value-added agricultural commodities or products;

''(2) assistance in marketing, market development, and business

planning; and

''(3) organizational, outreach, and development assistance to

increase the viability, growth, and sustainability of businesses

that produce value-added agricultural commodities or products.

''(b) Definitions. - In this section:

''(1) Program. - The term 'Program' means the Agriculture

Innovation Center Demonstration Program established under

subsection (c).

''(2) Secretary. - The term 'Secretary' means the Secretary of

Agriculture.

''(c) Establishment of Program. - The Secretary shall establish a

demonstration program, to be known as the 'Agriculture Innovation

Center Demonstration Program' under which the Secretary shall -

''(1) make grants to assist eligible entities in establishing

Agriculture Innovation Centers to enable agricultural producers

to obtain the assistance described in subsection (a); and

''(2) provide assistance to eligible entities in establishing

Agriculture Innovation Centers through the research and technical

services of the Department of Agriculture.

''(d) Eligibility Requirements. -

''(1) In general. - An entity shall be eligible for a grant and

assistance described in subsection (c) to establish an

Agriculture Innovation Center if -

''(A) the entity -

''(i) has provided services similar to the services

described in subsection (a); or

''(ii) demonstrates the capability of providing such

services;

''(B) the application of the entity for the grant and

assistance includes a plan, in accordance with regulations

promulgated by the Secretary, that outlines -

''(i) the support for the entity in the agricultural

community;

''(ii) the technical and other expertise of the entity; and

''(iii) the goals of the entity for increasing and

improving the ability of local agricultural producers to

develop markets and processes for value-added agricultural

commodities or products;

''(C) the entity demonstrates that adequate resources (in

cash or in kind) are available, or have been committed to be

made available, to the entity, to increase and improve the

ability of local agricultural producers to develop markets and

processes for value-added agricultural commodities or products;

and

''(D) the Agriculture Innovation Center of the entity has a

board of directors established in accordance with paragraph

(2).

''(2) Board of directors. - Each Agriculture Innovation Center

of an eligible entity shall have a board of directors composed of

representatives of each of the following groups:

''(A) The 2 general agricultural organizations with the

greatest number of members in the State in which the eligible

entity is located.

''(B) The department of agriculture, or similar State

department or agency, of the State in which the eligible entity

is located.

''(C) Entities representing the 4 highest grossing

commodities produced in the State, determined on the basis of

annual gross cash sales.

''(e) Grants and Assistance. -

''(1) In general. - Subject to subsection (i), under the

Program, the Secretary shall make, on a competitive basis, annual

grants to eligible entities.

''(2) Maximum amount of grants. - A grant under paragraph (1)

shall be in an amount that does not exceed the lesser of -

''(A) $1,000,000; or

''(B) twice the dollar amount of the resources (in cash or in

kind) that the eligible entity demonstrates are available, or

have been committed to be made available, to the eligible

entity in accordance with subsection (d)(1)(C).

''(3) Maximum number of grants. -

''(A) First fiscal year of program. - In the first fiscal

year of the Program, the Secretary shall make grants to not

more than 5 eligible entities.

''(B) Second fiscal year of program. - In the second fiscal

year of the Program, the Secretary may make grants to -

''(i) the eligible entities to which grants were made under

subparagraph (A); and

''(ii) not more than 10 additional eligible entities.

''(4) State limitation. -

''(A) In general. - Subject to subparagraph (B), in the first

3 fiscal years of the Program, the Secretary shall not make a

grant under the Program to more than 1 entity in any 1 State.

''(B) Collaboration. - Nothing in subparagraph (A) precludes

a recipient of a grant under the Program from collaborating

with any other institution with respect to activities conducted

using the grant.

''(f) Use of Funds. - An eligible entity to which a grant is made

under the Program may use the grant only for the following purposes

(but only to the extent that the use is not described in section

231(d) of the Agricultural Risk Protection Act of 2000 (7 U.S.C.

1621 note; Public Law 106-224)):

''(1) Applied research.

''(2) Consulting services.

''(3) Hiring of employees, at the discretion of the board of

directors of the Agriculture Innovation Center of the eligible

entity.

''(4) The making of matching grants, each of which shall be in

an amount not to exceed $5,000, to agricultural producers, except

that the aggregate amount of all such matching grants made by the

eligible entity shall be not more than $50,000.

''(5) Legal services.

''(6) Any other related cost, as determined by the Secretary.

''(g) Research on Effects on the Agricultural Sector. -

''(1) In general. - Of the amount made available under

subsection (i) for each fiscal year, the Secretary shall use

$300,000 to support research at a university concerning the

effects of projects for value-added agricultural commodities or

products on agricultural producers and the commodity markets.

''(2) Research elements. - Research under paragraph (1) shall

systematically examine, using linked, long-term, global

projections of the agricultural sector, the potential effects of

projects described in subparagraph (A) on -

''(A) demand for agricultural commodities;

''(B) market prices;

''(C) farm income; and

''(D) Federal outlays on commodity programs.

''(h) Report to Congress. -

''(1) In general. - Not later than 3 years after the date on

which the last of the first 10 grants is made under the Program,

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 -

''(A) the effectiveness of the Program in improving and

expanding the production of value-added agricultural

commodities or products; and

''(B) the effects of the Program on the economic viability of

agricultural producers.

''(2) Required elements. - The report under paragraph (1) shall

-

''(A) include a description of the best practices and

innovations found at each of the Agriculture Innovation Centers

established under the Program; and

''(B) specify the number and type of activities assisted, and

the type of assistance provided, under the Program.

''(i) Funding. - Of the amount made available under section

231(a)(1) of the Agricultural Risk Protection Act of 2000 (7 U.S.C.

1621 note; Public Law 106-224) for each fiscal year, the Secretary

shall use to carry out this section -

''(1) not less than $3,000,000 for fiscal year 2002; and

''(2) not less than $6,000,000 for each of fiscal years 2003

and 2004.''

VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS

Pub. L. 106-224, title II, Sec. 231, June 20, 2000, 114 Stat.

409; as amended by Pub. L. 107-171, title VI, Sec. 6401(a), May 13,

2002, 116 Stat. 424, provided that:

''(a) Definition of Value-Added Agricultural Product. -

''(1) In general. - The term 'value-added agricultural product'

means any agricultural commodity or product that -

''(A)(i) has undergone a change in physical state;

''(ii) was produced in a manner that enhances the value of

the agricultural commodity or product, as demonstrated through

a business plan that shows the enhanced value, as determined by

the Secretary; or

''(iii) is physically segregated in a manner that results in

the enhancement of the value of the agricultural commodity or

product; and

''(B) as a result of the change in physical state or the

manner in which the agricultural commodity or product was

produced or segregated -

''(i) the customer base for the agricultural commodity or

product has been expanded; and

''(ii) a greater portion of the revenue derived from the

marketing, processing, or physical segregation of the

agricultural commodity or product is available to the

producer of the commodity or product.

''(2) Inclusion. - The term 'value-added agricultural product'

includes farm- or ranch-based renewable energy.

''(b) Grant Program. -

''(1) In general. - From amounts made available under paragraph

(4), the Secretary shall award competitive grants -

''(A) to an eligible independent producer (as determined by

the Secretary) of a value-added agricultural product to assist

the producer -

''(i) in developing a business plan for viable marketing

opportunities for the value-added agricultural product; or

''(ii) in developing strategies that are intended to create

marketing opportunities for the producer; and

''(B) to an eligible agricultural producer group, farmer or

rancher cooperative, or majority-controlled producer-based

business venture (as determined by the Secretary) to assist the

entity -

''(i) in developing a business plan for viable marketing

opportunities in emerging markets for a value-added

agricultural product; or

''(ii) in developing strategies that are intended to create

marketing opportunities in emerging markets for the

value-added agricultural product.

''(2) Amount of grant. -

''(A) In general. - The total amount provided under this

subsection to a grant recipient shall not exceed $500,000.

''(B) Majority-controlled producer-based business ventures. -

The amount of grants provided to majority-controlled

producer-based business ventures under paragraph (1)(B) for a

fiscal year may not exceed 10 percent of the amount of funds

that are used to make grants for the fiscal year under this

subsection.

''(3) Grantee strategies. - A grantee under paragraph (1) shall

use the grant -

''(A) to develop a business plan or perform a feasibility

study to establish a viable marketing opportunity for a

value-added agricultural product; or

''(B) to provide capital to establish alliances or business

ventures that allow the producer of the value-added

agricultural product to better compete in domestic or

international markets.

''(4) Funding. - Not later than 30 days after the date of

enactment of this paragraph (May 13, 2002), on October 1, 2002,

and on each October 1 thereafter through October 1, 2006, of the

funds of the Commodity Credit Corporation, the Secretary shall

make available to carry out this subsection $40,000,000, to

remain available until expended.

''(c) Agricultural Marketing Resource Center Pilot Project. -

''(1) Establishment. - Notwithstanding the limitation on grants

in subsection (b)(2), the Secretary shall not use more than 5

percent of the funds made available under subsection (b) to

establish a pilot project (to be known as the 'Agricultural

Marketing Resource Center') at an eligible institution described

in paragraph (2) that will -

''(A) develop a resource center with electronic capabilities

to coordinate and provide to independent producers and

processors (as determined by the Secretary) of value-added

agricultural commodities and products of agricultural

commodities information regarding research, business, legal,

financial, or logistical assistance; and

''(B) develop a strategy to establish a nationwide market

information and coordination system.

''(2) Eligible institution. - To be eligible to receive funding

to establish the Agricultural Marketing Resource Center, an

applicant shall demonstrate to the Secretary -

''(A) the capacity and technical expertise to provide the

services described in paragraph (1)(A);

''(B) an established plan outlining support of the applicant

in the agricultural community; and

''(C) the availability of resources (in cash or in kind) of

definite value to sustain the Center following establishment.

''(d) Matching Funds. - A recipient of funds under subsection (a)

or (b) shall contribute an amount of non-Federal funds that is at

least equal to the amount of Federal funds received.

''(e) Limitation. - Funds provided under this section may not be

used for -

''(1) planning, repair, rehabilitation, acquisition, or

construction of a building or facility (including a processing

facility); or

''(2) the purchase, rental, or installation of fixed

equipment.''

(Pub. L. 107-171, title VI, Sec. 6401(b), May 13, 2002, 116 Stat.

426, provided that:

(''(1) In general. - Except as provided in paragraph (2), the

amendments made by subsection (a) (amending section 231 of Pub. L.

106-224, set out above) apply beginning on October 1, 2002.

(''(2) Funding. - Funds made available under section

231(b)(4)(A)(i) of the Agricultural Risk Protection Act of 2000

(Pub. L. 106-224) (as amended by subsection (a)(2)) shall be made

available not later than 30 days after the date of enactment of

this Act (May 13, 2002).'')

(Pub. L. 107-171, Sec. 6401(a)(4), which directed amendment of

section 231(d) of Pub. L. 106-224, as redesignated, set out above,

by substituting ''subsections (b) and (c)'' for ''subsections (a)

and (b)'', could not be executed because that phrase does not

appear.)

NATIONAL COMMISSION ON FOOD MARKETING

Pub. L. 88-354, July 3, 1964, 78 Stat. 269, as amended by Pub. L.

89-20, May 15, 1965, 79 Stat. 111, provided for the establishment

of a bipartisan National Commission on Food Marketing composed of

fifteen members, five from the Senate, five from the House of

Representatives and five from outside the Federal Government, to

study and appraise the marketing structure of the food industry and

to make a final report of its findings and conclusions to the

President and to the Congress by July 1, 1966. The Commission

ceased to exist ninety days after submission of its final report.

-CITE-

7 USC Sec. 1622 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622. Duties of Secretary relating to agricultural products

-STATUTE-

The Secretary of Agriculture is directed and authorized:

(a) Determination of methods of processing, packaging, marketing,

etc.; publication of results

To conduct, assist, and foster research, investigation, and

experimentation to determine the best methods of processing,

preparation for market, packaging, handling, transporting, storing,

distributing, and marketing agricultural products: Provided, That

the results of such research shall be made available to the public

for the purpose of expanding the use of American agricultural

products in such manner as the Secretary of Agriculture may

determine.

(b) Determination of costs

To determine costs of marketing agricultural products in their

various forms and through the various channels and to foster and

assist in the development and establishment of more efficient

marketing methods (including analyses of methods and proposed

methods), practices, and facilities, for the purpose of bringing

about more efficient and orderly marketing, and reducing the price

spread between the producer and the consumer.

(c) Improvement of standards of quality, condition, etc.; standard

of quality for ice cream

To develop and improve standards of quality, condition, quantity,

grade, and packaging, and recommend and demonstrate such standards

in order to encourage uniformity and consistency in commercial

practices. Within thirty days after September 29, 1977, the

Secretary shall by regulation adopt a standard of quality for ice

cream which shall provide that ice cream shall contain at least 1.6

pounds of total solids to the gallon, weigh not less than 4.5

pounds to the gallon and contain not less than 20 percent total

milk solids, constituted of not less than 10 percent milkfat. In

no case shall the content of milk solids not fat be less than 6

percent. Whey shall not, by weight, be more than 25 percent of the

milk solids not fat. Only those products which meet the standard

issued by the Secretary may bear a symbol thereon indicating that

they meet the Department of Agriculture standard for ''ice cream''.

(d) Elimination of artificial barriers to free movement

To conduct, assist, foster, and direct studies and informational

programs designed to eliminate artificial barriers to the free

movement of agricultural products.

(e) Development of new markets

(1) In general

To foster and assist in the development of new or expanded

markets (domestic and foreign) and new and expanded uses and in

the moving of larger quantities of agricultural products through

the private marketing system to consumers in the United States

and abroad.

(2) Fees and penalties

(A) In general

In carrying out paragraph (1), the Secretary may assess and

collect reasonable fees and late payment penalties to mediate

and arbitrate disputes arising between parties in connection

with transactions involving agricultural products moving in

foreign commerce under the jurisdiction of a multinational

entity.

(B) Deposit

Fees and penalties collected under subparagraph (A) shall be

deposited into the account that incurred the cost of providing

the mediation or arbitration service.

(C) Availability

Fees and penalties collected under subparagraph (A) shall be

available to the Secretary without further Act of appropriation

and shall remain available until expended to pay the expenses

of the Secretary for providing mediation and arbitration

services under this paragraph.

(D) No requirement for use of services

No person shall be required by the Secretary to use the

mediation and arbitration services provided under this

paragraph.

(f) Increasing consumer education

To conduct and cooperate in consumer education for the more

effective utilization and greater consumption of agricultural

products: Provided, That no money appropriated under the authority

of this chapter shall be used to pay for newspaper or periodical

advertising space or radio time in carrying out the purposes of

this section and subsection (e) of this section.

(g) Collection and dissemination of marketing information

To collect and disseminate marketing information, including

adequate outlook information on a market-area basis, for the

purpose of anticipating and meeting consumer requirements, aiding

in the maintenance of farm income, and bringing about a balance

between production and utilization of agricultural products.

(h) Inspection and certification of products in interstate

commerce; credit and future availability of funds; investment;

certificates as evidence; penalties

To inspect, certify, and identify the class, quality, quantity,

and condition of agricultural products when shipped or received in

interstate commerce, under such rules and regulations as the

Secretary of Agriculture may prescribe, including assessment and

collection of such fees as will be reasonable and as nearly as may

be to cover the cost of the service rendered, to the end that

agricultural products may be marketed to the best advantage, that

trading may be facilitated, and that consumers may be able to

obtain the quality product which they desire, except that no person

shall be required to use the service authorized by this

subsection. Any fees collected under this subsection, late payment

penalties, the proceeds from the sales of samples, and interest

earned from the investment of such funds shall be credited to the

trust fund account that incurs the cost of the services provided

under this subsection and shall remain available without fiscal

year limitation to pay the expenses of the Secretary incident to

providing such services. Such funds may be invested by the

Secretary in insured or fully collateralized, interest-bearing

accounts or, at the discretion of the Secretary, by the Secretary

of the Treasury in United States Government debt instruments. Any

official certificate issued under the authority of this subsection

shall be received by all officers and all courts of the United

States as prima facie evidence of the truth of the statements

therein contained. Whoever knowingly shall falsely make, issue,

alter, forge, or counterfeit any official certificate, memorandum,

mark, or other identification, or device for making such mark or

identification, with respect to inspection, class, grade, quality,

size, quantity, or condition, issued or authorized under this

section or knowingly cause or procure, or aid, assist in, or be a

party to, such false making, issuing, altering, forging, or

counterfeiting, or whoever knowingly shall possess, without

promptly notifying the Secretary of Agriculture or his

representative, utter, publish, or use as true, or cause to be

uttered, published, or used as true, any such falsely made,

altered, forged, or counterfeited official certificate, memorandum,

mark, identification, or device, or whoever knowingly represents

that an agricultural product has been officially inspected or

graded (by an authorized inspector or grader) under the authority

of this section when such commodity has in fact not been so graded

or inspected shall be fined not more than $1,000 or imprisoned not

more than one year, or both. Shell eggs packed under the voluntary

grading program of the Department of Agriculture shall not have

been shipped for sale previous to being packed under the program,

as determined under a regulation promulgated by the Secretary.

(i) Development of facilities for assembling, processing,

transporting, etc.

To determine the needs and develop or assist in the development

of plans for efficient facilities and methods of operating such

facilities for the proper assembly, processing, transportation,

storage, distribution, and handling of agricultural products.

(j) Improvement of transportation facilities and rates

To assist in improving transportation services and facilities and

in obtaining equitable and reasonable transportation rates and

services and adequate transportation facilities for agricultural

products and farm supplies by making complaint or petition to the

Interstate Commerce Commission, the Maritime Commission,, (FOOTNOTE

1) or other Federal or State transportation regulatory body, or the

Secretary of Transportation, with respect to rates, charges,

tariffs, practices, and services, or by working directly with

individual carriers or groups of carriers.

(FOOTNOTE 1) So in original.

(k) Collection and dissemination of marketing statistics

To collect, tabulate, and disseminate statistics on marketing

agricultural products, including, but not restricted to statistics

on market supplies, storage stocks, quantity, quality, and

condition of such products in various positions in the marketing

channel, utilization of such products, and shipments and unloads

thereof.

(l) Development of procurement standards and specifications

To develop and promulgate, for the use and at the request of any

Federal agency or State, procurement standards and specifications

for agricultural products, and submit such standards and

specifications to such agency or State for use or adoption for

procurement purposes.

(m) Promotion of research for handling, storing, preserving, etc.

To conduct, assist, encourage, and promote research,

investigation, and experimentation to determine the most efficient

and practical means, methods, and processes for the handling,

storing, preserving, protecting, processing, and distributing of

agricultural commodities to the end that such commodities may be

marketed in an orderly manner and to the best interest of the

producers thereof.

(n) General research, services, and activities

To conduct such other research and services and to perform such

other activities as will facilitate the marketing, distribution,

processing, and utilization of agricultural products through

commercial channels.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 203, 60 Stat. 1087; Aug. 9,

1955, ch. 632, Sec. 1, 69 Stat. 553; Pub. L. 95-113, title II, Sec.

206, Sept. 29, 1977, 91 Stat. 920; Pub. L. 97-31, Sec. 12(2), Aug.

6, 1981, 95 Stat. 153; Pub. L. 98-403, Sec. 2, Aug. 28, 1984, 98

Stat. 1480; Pub. L. 98-443, Sec. 9(j), Oct. 4, 1984, 98 Stat. 1708;

Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec. 755(a)),

Oct. 21, 1998, 112 Stat. 2681, 2681-34; Pub. L. 106-472, title III,

Sec. 303, Nov. 9, 2000, 114 Stat. 2069.)

-MISC1-

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-472 inserted subsec. heading,

designated existing provisions as par. (1), inserted par. heading,

and added par. (2).

1998 - Subsec. (h). Pub. L. 105-277 inserted at end ''Shell eggs

packed under the voluntary grading program of the Department of

Agriculture shall not have been shipped for sale previous to being

packed under the program, as determined under a regulation

promulgated by the Secretary.''

1984 - Subsec. (h). Pub. L. 98-403 inserted provisions relating

to the credit of certain funds to the trust fund account which

incurs the cost of services provided under this subsection, the

future availability of those funds, and investment thereof by the

Secretary of Agriculture or the Secretary of the Treasury.

Subsec. (j). Pub. L. 98-443 struck out ''the Civil Aeronautics

Board'' after ''the Maritime Commission,''.

1981 - Subsec. (j). Pub. L. 97-31 inserted reference to Secretary

of Transportation.

1977 - Subsec. (c). Pub. L. 95-113 inserted provisions relating

to the setting of a standard of quality for ice cream.

1955 - Subsec. (h). Act Aug. 9, 1955, inserted sentence to

provide penalties for forgery or alteration of inspection

certificates, unauthorized use of official grade marks or

designations, and false or deceptive reference to United States

grade standards or services.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section

9(v) of Pub. L. 98-443, set out as a note under section 5314 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

Section 304 of 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, 26

F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5,

Government Organization and Employees, abolished Federal Maritime

Board, including offices of members of Board. Functions of Board

transferred either to Federal Maritime Commission or to Secretary

of Commerce by sections 103 and 202 of 1961 Reorg. Plan No. 7.

United States Maritime Commission abolished by 1950 Reorg. Plan

No. 21, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in

the Appendix of Title 5, Government Organization and Employees,

which transferred part of its functions and part of functions of

its Chairman to Federal Maritime Board and Chairman thereof, such

Board having created by that Plan as an agency within Department of

Commerce with an independent status in some respects, and

transferred remainder of such Commission's functions and functions

of its Chairman to Secretary of Commerce, with power vested in

Secretary to authorize their performance by Maritime Administrator,

head of Maritime Administration, which likewise was established by

Plan in Department of Commerce with provision that chairman of said

Federal Maritime Board should, ex officio, be such Administrator.

Executive and administrative functions of Maritime Commission

transferred to Chairman of Maritime Commission by 1949 Reorg. Plan

No. 6, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1069, set out in

the Appendix to Title 5.

-MISC5-

AGRICULTURAL PROCESSING EQUIPMENT; INSPECTION AND CERTIFICATION;

FEE

Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 729), Oct. 28, 2000,

114 Stat. 1549, 1549A-33, provided that: ''Hereafter, none of the

funds appropriated by this Act or any other Act may be used to:

''(1) carry out the proviso under 7 U.S.C. 1622(f); or

''(2) carry out 7 U.S.C. 1622(h) unless the Secretary of

Agriculture inspects and certifies agricultural processing

equipment, and imposes a fee for the inspection and

certification, in a manner that is similar to the inspection and

certification of agricultural products under that section, as

determined by the Secretary: Provided, That this provision shall

not affect the authority of the Secretary to carry out 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.).''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-78, title VII, Sec. 734, Oct. 22, 1999, 113 Stat.

1165.

Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec. 747), Oct.

21, 1998, 112 Stat. 2681, 2681-32, as amended by Pub. L. 106-31,

title V, Sec. 5001(c), May 21, 1999, 113 Stat. 109.

COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES RECEIVED FOR

BULK CHEESE

Pub. L. 105-18, title II, Sec. 1001, June 12, 1997, 111 Stat.

172, provided that not later than 30 days after June 12, 1997,

Secretary of Agriculture was to collect and disseminate, on weekly

basis, statistically reliable information, obtained from cheese

manufacturing areas in United States, on prices received and terms

of trade involving bulk cheese, including information on national

average price for bulk cheese sold through spot and forward

contract transactions, and further provided for confidentiality of

information provided to, or acquired by, Secretary, report to

Congress not later than 150 days after June 12, 1997, on rate of

reporting compliance by cheese manufacturers with respect to

information collected, and for termination of authority to collect

information on Apr. 5, 1999.

LAMB PRICE AND SUPPLY REPORTING SERVICES REPORT AND SYSTEM

Pub. L. 102-237, title I, Sec. 124, Dec. 13, 1991, 105 Stat.

1844, provided that:

''(a) Report. - Not later than 90 days after the date of

enactment of this Act (Dec. 13, 1991), the Secretary of Agriculture

shall submit a report to the Committee on Agriculture of the House

of Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate on measures that are necessary to improve

the lamb price and supply reporting services of the Department of

Agriculture, including recommendations to establish a complete

information gathering system that reflects the market structure of

the national lamb industry. In preparing the report, the Secretary

shall examine measures to improve information on -

''(1) price reporting series of wholesale, retail, box,

carcass, pelt, offal, and live lamb sales in the United States,

including markets in -

''(A) California (including San Francisco);

''(B) the East Coast region (including Washington, D.C.);

''(C) the Midwest region (including Chicago, Illinois);

''(D) Texas;

''(E) the Rocky Mountain region; and

''(F) Florida;

''(2) sheep and lamb inventories, including on-feed reports;

''(3) the price and supply relationships between retailers and

breakers;

''(4) the viability of voluntary or mandatory reporting for

sheep prices; and

''(5) information on the import and export of sheep, analyzed

by cut, carcass, box, breeder stock, and sex.

''(b) Price Discovery and Reporting System. -

''(1) System required. - Based on the report required under

subsection (a), the Secretary shall -

''(A) develop a price discovery system formula for the lamb

market, such as carcass equivalent pricing; and

''(B) establish a price discovery and reporting system for

the lamb market to assist lamb producers to better allocate

their resources and make informed production and marketing

decisions.

''(2) Implementation. - The price discovery and reporting

system for the lamb market shall be implemented by the Secretary

not later than 180 days after the date of the submission of the

report.

''(3) Authorization of appropriations. - There are authorized

to be appropriated such sums as may be necessary to develop and

establish the system required under this subsection.

''(c) Consultation. - In preparing the report required under

subsection (a) and establishing the price discovery and reporting

system required under subsection (b), the Secretary shall consult

with lamb producers and other persons in the national lamb

industry.''

RESEARCH TO INVESTIGATE EXTENT TO WHICH GRADE STANDARDS GOVERNING

COSMETIC APPEARANCE AFFECT PESTICIDE USE IN PRODUCTION OF

PERISHABLE COMMODITIES; ADVISORY COMMITTEE; REPORT

Pub. L. 101-624, title XIII, subtitle C, Nov. 28, 1990, 104 Stat.

3566, as amended by Pub. L. 102-237, title I, Sec. 114(a)(3), Dec.

13, 1991, 105 Stat. 1838, provided that:

''SEC. 1351. DEFINITION.

''As used in this subtitle, the term 'cosmetic appearance' means

the exterior appearance of an agricultural commodity, including

changes to that appearance resulting from superficial damage or

other alteration that do not significantly affect yield, taste, or

nutritional value.

''SEC. 1352. RESEARCH.

''(a) Requirement. - The Secretary of Agriculture shall conduct

research to examine the effects, to the extent listed in subsection

(b), of grade standards and other regulations, as developed and

promulgated pursuant to the Agricultural Marketing Act of 1946 (7

U.S.C. 1621 et seq.), and other statutes governing cosmetic

appearance.

''(b) Scope of Research. - The primary goal of this research is

to investigate the extent to which grade standards and other

regulations governing cosmetic appearance affect pesticide use in

the production of perishable commodities. The research shall also

-

''(1) determine pesticide application levels for United States

perishable commodity production and assess trends, and factors

influencing those trends, of pesticide application levels since

1975;

''(2) determine the extent to which Federal grade standards and

other regulations affect pesticide use in agriculture for

cosmetic appearance;

''(3) determine the effect of reducing emphasis on cosmetic

appearance in grade standards and other regulations on -

''(A) the application and availability of pesticides in

agriculture;

''(B) the adoption of agricultural practices that result in

reduced pesticide use;

''(C) production and marketing costs;

''(D) domestic and international markets and trade for

perishable commodities;

''(4) determine the extent to which grade standards and other

regulations reflect consumer preferences;

''(5) develop options for implementation of food marketing

policies and practices that will remove obstacles that may exist

to pesticide use reduction, based on the findings of research

conducted under this section.

''(c) Field Research. -

''(1) Length of projects. - The Secretary of Agriculture shall

implement, not later than 12 months after the date of enactment

of this Act (Nov. 28, 1990), a minimum of three, 2-year market

research projects, in at least three States, to demonstrate and

evaluate the feasibility of consumer education and information

programs.

''(2) Scope of field research. - Research under paragraph (1)

shall be conducted to evaluate programs designed to -

''(A) offer consumers choices among perishable commodities

produced with different production practices;

''(B) provide consumers with information about agricultural

practices used in the production of perishable commodities; or

''(C) educate the public about the relationship, as

determined in the research conducted under this subtitle,

between the cosmetic appearance of perishable commodities and

pesticide use.

''(d) Dissemination of Results. - The Secretary of Agriculture

shall disseminate to concerned parties the results obtained from

prior scientifically valid research concerning Federal marketing

policies and practices described in this section to avoid any

duplication of effort and to ensure that current knowledge

concerning such policies and practices is enhanced.

''(e) Advisory Committee. -

''(1) Establishment. - The Secretary of Agriculture shall

establish an advisory committee for the purpose of providing

ongoing review of the implementation of the requirements in this

section and providing the Secretary of Agriculture with

recommendations regarding the implementation of those

requirements.

''(2) Membership. - The Advisory Committee shall consist of 12

members comprised of three representatives from not-for-profit

consumer organizations, three representatives from not-for-profit

environmental organizations, three representatives from

production agriculture and the perishable commodity grower and

shipper community, and three representatives from the food

retailing sector, each with experience in the policy issues

discussed in this section.

''(f) Report. - The Secretary of Agriculture shall report to

Congress on the research conducted under this section no later than

September 30, 1992. The Secretary shall report on the research

conducted under subsection (c) no later than September 30, 1993.

''SEC. 1353. CHANGES IN PROCEDURAL REGULATIONS.

''With regard to Federal grade standards developed and

promulgated pursuant to the Agricultural Marketing Act of 1946 (7

U.S.C. 1621 et seq.), the Secretary of Agriculture shall:

''(1) Take into account the impact of those standards on the

ability of perishable commodity growers to reduce the use of

pesticides.

''(2) Provide for citizens outside of the perishable commodity

industry fair and reasonable opportunity to formally petition a

change in grade standards.

''(3) Provide for a comment period after a formal petition to

change grade standards has been made to enable all interested

parties to submit information. The Secretary of Agriculture

shall evaluate the information and consider it in the revision

process.

''(4) Provide interested parties with annual status reports

during the period 1992 through 1994, updated upon request, on all

pending grade standard changes the Department of Agriculture is

considering.

''SEC. 1354. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to carry out the

activities required under this subtitle, $4,000,000 for each fiscal

year.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2276 of this title; title

40 section 113.

-CITE-

7 USC Sec. 1622a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1622a. Authority to assist farmers and elevator operators

-STATUTE-

The Secretary may provide technical assistance (including

information on such financial assistance as may be available) to

grain producers and elevator operators to assist such producers and

operators in installing or improving grain cleaning, drying or

storage equipment.

-SOURCE-

(Pub. L. 101-624, title XX, Sec. 2014, Nov. 28, 1990, 104 Stat.

3933.)

-COD-

CODIFICATION

Section was enacted as part of the Grain Quality Incentives Act

of 1990, and also as part of the Food, Agriculture, Conservation,

and Trade Act of 1990, and not as part of the Agricultural

Marketing Act of 1946 which comprises this chapter.

-CITE-

7 USC Sec. 1623 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1623. Authorization of appropriations; allotments to States

-STATUTE-

(a) In order to conduct research and service work in connection

with the preparation for market, processing, packaging, handling,

storing, transporting, distributing, and marketing of agricultural

products as authorized by this chapter, there is hereby authorized

to be appropriated the following sums:

(1) $2,500,000 for the fiscal year ending June 30, 1947, and

each subsequent fiscal year.

(2) An additional $2,500,000 for the fiscal year ending June

30, 1948, and each subsequent fiscal year.

(3) An additional $5,000,000 for the fiscal year ending June

30, 1949, and each subsequent fiscal year.

(4) An additional $5,000,000 for the fiscal year ending June

30, 1950, and each subsequent fiscal year.

(5) An additional $5,000,000 for the fiscal year ending June

30, 1951, and each subsequent fiscal year.

(6) In addition to the foregoing, such additional funds

beginning with the fiscal year ending June 30, 1952, and

thereafter, as the Congress may deem necessary.

Such sums appropriated in pursuance of this chapter shall be in

addition to, and not in substitution for, sums appropriated or

otherwise made available to the Department of Agriculture.

(b) The Secretary of Agriculture is authorized to make available

from such funds such sums as he may deem appropriate for allotment

to State departments of agriculture, State bureaus and departments

of markets, State agricultural experiment stations, and other

appropriate State agencies for cooperative projects in marketing

service and in marketing research to effectuate the purposes of

this chapter: Provided, That no such allotment and no payment under

any such allotment shall be made for any fiscal year to any State

agency in excess of the amount which such State agency makes

available out of its own funds for such research. The funds which

State agencies are required to make available in order to qualify

for such an allotment shall be in addition to any funds now

available to such agencies for marketing services and for marketing

research. The allotments authorized under this section shall be

made to the agency or agencies best equipped and qualified to

conduct the specific project to be undertaken. Such allotments

shall be covered by cooperative agreements between the Secretary of

Agriculture and the cooperating agency and shall include

appropriate provisions for preventing duplication or overlapping of

work within the State or States cooperating. Should duplication or

overlapping occur subsequent to approval of a cooperative project

or allotment of funds, the Secretary of Agriculture is authorized

and directed to withhold unexpended balances on such projects

notwithstanding the prior approval thereof.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 204, 60 Stat. 1089.)

-CITE-

7 USC Sec. 1623a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1623a. Minimum sum for contracting

-STATUTE-

Not less than $1,500,000 of the appropriations of the Department

of Agriculture in this Act for research and service work authorized

by sections 1 and 10 of the Act of June 29, 1935 (7 U.S.C. 427,

427i; commonly known as the Bankhead-Jones Act), subtitle A of

title II and section 302 of the Act of August 14, 1946 (7 U.S.C.

1621 et seq.), and chapter 63 of title 31 shall be available for

contracting in accordance with such Acts and chapter.

-SOURCE-

(Pub. L. 107-76, title VII, Sec. 703, Nov. 28, 2001, 115 Stat.

731.)

-COD-

CODIFICATION

Section was enacted as part of the appropriation act cited as the

credit to this section, and not as part of the Agricultural

Marketing Act of 1946 which comprises this chapter.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 703), Oct. 28, 2000,

114 Stat. 1549, 1549A-28.

Pub. L. 106-78, title VII, Sec. 703, Oct. 22, 1999, 113 Stat.

1160.

Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec. 703), Oct.

21, 1998, 112 Stat. 2681, 2681-25.

Pub. L. 105-86, title VII, Sec. 703, Nov. 18, 1997, 111 Stat.

2104.

Pub. L. 104-180, title VII, Sec. 703, Aug. 6, 1996, 110 Stat.

1596.

Pub. L. 104-37, title VII, Sec. 703, Oct. 21, 1995, 109 Stat.

329.

Pub. L. 103-330, title VII, Sec. 703, Sept. 30, 1994, 108 Stat.

2466.

Pub. L. 103-111, title VII, Sec. 703, Oct. 21, 1993, 107 Stat.

1078.

Pub. L. 102-341, title VII, Sec. 703, Aug. 14, 1992, 106 Stat.

906.

Pub. L. 102-142, title VII, Sec. 704, Oct. 28, 1991, 105 Stat.

911.

Pub. L. 101-506, title VI, Sec. 604, Nov. 5, 1990, 104 Stat.

1346.

Pub. L. 101-161, title VI, Sec. 604, Nov. 21, 1989, 103 Stat.

982.

Pub. L. 100-460, title VI, Sec. 604, Oct. 1, 1988, 102 Stat.

2259.

Pub. L. 100-202, Sec. 101(k) (title VI, Sec. 604), Dec. 22, 1987,

101 Stat. 1329-322, 1329-353.

Pub. L. 99-500, Sec. 101(a) (title VI, Sec. 604), Oct. 18, 1986,

100 Stat. 1783, 1783-27, and Pub. L. 99-591, Sec. 101(a) (title VI,

Sec. 604), Oct. 30, 1986, 100 Stat. 3341, 3341-27.

Pub. L. 99-190, Sec. 101(a) (H.R. 3037, title VI, Sec. 604), Dec.

19, 1985, 99 Stat. 1185.

Pub. L. 98-473, title I, Sec. 101(a) (H.R. 5743, title VI, Sec.

604), Oct. 12, 1984, 98 Stat. 1837.

Pub. L. 98-151, Sec. 101(d) (H.R. 3223, title VI, Sec. 604), Nov.

14, 1983, 97 Stat. 972.

Pub. L. 97-370, title VI, Sec. 604, Dec. 18, 1982, 96 Stat. 1810.

Pub. L. 97-103, title VI, Sec. 604, Dec. 23, 1981, 95 Stat. 1487.

Pub. L. 96-528, title VI, Sec. 604, Dec. 15, 1980, 94 Stat. 3116.

Pub. L. 96-108, title VI, Sec. 603, Nov. 9, 1979, 93 Stat. 840.

Pub. L. 95-448, title VI, Sec. 603, Oct. 11, 1978, 92 Stat. 1092.

Pub. L. 95-97, title VI, Sec. 603, Aug. 12, 1977, 91 Stat. 828.

Pub. L. 94-351, title VI, Sec. 603, July 12, 1976, 90 Stat. 868.

Pub. L. 94-122, title VI, Sec. 605, Oct. 21, 1975, 89 Stat. 667.

Pub. L. 93-563, title V, Sec. 505, Dec. 31, 1974, 88 Stat. 1842.

Pub. L. 93-135, title V, Sec. 506, Oct. 24, 1973, 87 Stat. 490.

Pub. L. 92-399, title V, Sec. 506, Aug. 22, 1972, 86 Stat. 611.

Pub. L. 92-73, title V, Sec. 506, Aug. 10, 1971, 85 Stat. 201.

Pub. L. 91-566, title V, Sec. 506, Dec. 22, 1970, 84 Stat. 1496.

Pub. L. 91-127, title V, Sec. 506, Nov. 26, 1969, 83 Stat. 260.

Pub. L. 90-463, title V, Sec. 506, Aug. 8, 1968, 82 Stat. 653.

Pub. L. 90-113, title V, Sec. 506, Oct. 24, 1967, 81 Stat. 335.

Pub. L. 89-556, title V, Sec. 506, Sept. 7, 1966, 80 Stat. 704.

Pub. L. 89-316, title V, Sec. 506, Nov. 2, 1965, 79 Stat. 1179.

Pub. L. 88-573, title V, Sec. 506, Sept. 2, 1964, 78 Stat. 876.

Pub. L. 88-250, title VI, Sec. 606, Dec. 30, 1963, 77 Stat. 833.

Pub. L. 87-879, title VI, Sec. 606, Oct. 24, 1962, 76 Stat. 1215.

Pub. L. 87-112, title V, Sec. 506, July 26, 1961, 75 Stat. 241.

Pub. L. 86-532, title IV, Sec. 406, June 29, 1960, 74 Stat. 244.

Pub. L. 86-80, title IV, Sec. 406, July 8, 1959, 73 Stat. 180.

Pub. L. 86-459, title IV, Sec. 406, June 13, 1958, 72 Stat. 199.

Pub. L. 85-118, title V, Sec. 506, Aug. 2, 1957, 71 Stat. 340.

June 4, 1956, ch. 355, title V, Sec. 506, 70 Stat. 241.

May 23, 1955, ch. 43, title V, Sec. 506, 69 Stat. 63.

June 29, 1954, ch. 409, title V, Sec. 506, 68 Stat. 319.

-CITE-

7 USC Sec. 1624 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1624. Cooperation with Government and State agencies, private

research organizations, etc.; rules and regulations

-STATUTE-

(a) In carrying out the provisions of this chapter, the Secretary

of Agriculture may cooperate with other branches of the Government,

State agencies, private research organizations, purchasing and

consuming organizations, boards of trade, chambers of commerce,

other associations of business or trade organizations,

transportation and storage agencies and organizations, or other

persons or corporations engaged in the production, transportation,

storing, processing, marketing, and distribution of agricultural

products whether operating in one or more jurisdictions. The

Secretary of Agriculture shall have authority to enter into

contracts and agreements under the terms of regulations promulgated

by him with States and agencies of States, private firms,

institutions, and individuals for the purpose of conducting

research and service work, making and compiling reports and

surveys, and carrying out other functions relating thereto when in

his judgment the services or functions to be performed will be

carried out more effectively, more rapidly, or at less cost than if

performed by the Department of Agriculture. Contracts under this

section may be made for work to be performed within a period not

more than four years from the date of any such contract, and

advance, progress, or other payments may be made. The provisions

of section 3324(a) and (b) of title 31 and section 5 of title 41

shall not be applicable to contracts or agreements made under the

authority of this section. Any unexpended balances of

appropriations obligated by contracts as authorized by this section

may, notwithstanding the provisions of section 5 of the Act of June

20, 1874, as amended (31 U.S.C., sec. 713), remain upon the books

of the Treasury for not more than five fiscal years before being

carried to the surplus fund and covered into the Treasury. Any

contract made pursuant to this section shall contain requirements

making the result of such research and investigations available to

the public by such means as the Secretary of Agriculture shall

determine.

(b) The Secretary of Agriculture shall promulgate such orders,

rules, and regulations as he deems necessary to carry out the

provisions of this chapter.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 205, 60 Stat. 1090; Aug.

30, 1954, ch. 1076, Sec. 1(7), 68 Stat. 966.)

-REFTEXT-

REFERENCES IN TEXT

Section 5 of the Act of June 20, 1874, as amended (31 U.S.C. sec.

713), referred to in subsec. (a), was repealed by act July 6, 1949,

ch. 299, Sec. 3, 63 Stat. 407.

-COD-

CODIFICATION

In subsec. (a), ''section 3324(a) and (b) of title 31''

substituted for reference to section 3648 (31 U.S.C., sec. 529) of

the Revised Statutes on authority of Pub. L. 97-258, Sec. 4(b),

Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance.

-MISC3-

AMENDMENTS

1954 - Subsec. (b). Act Aug. 30, 1954, repealed second sentence

requiring Secretary of Agriculture to include in his annual report

to Congress a complete statement of research work being performed

under contracts or cooperative agreements under this chapter.

DISTRIBUTION OF SURPLUS COMMODITIES

Pub. L. 97-253, title I, Sec. 191, Sept. 8, 1982, 96 Stat. 787,

provided that:

''(a) The Congress finds that -

''(1) for an increasing number of people in the United States,

these are times of great suffering and deprivation;

''(2) rising unemployment, decreasing appropriations for social

services, and increasingly adverse economic conditions have all

contributed to produce hunger and want on a scale not experienced

since the time of the Great Depression;

''(3) the demand for every conceivable form of assistance for

the hungry and needy people of the United States grows more

critical daily, while the availability of goods and services to

meet the needs of such people is rapidly diminishing;

''(4) soup kitchens, food banks, and other organizations which

provide food to the hungry report an astronomical increase in the

number of persons seeking the assistance of such organizations;

''(5) according to a study completed by the General Accounting

Office in 1977, one hundred and thirty-seven million tons of

food, or more than 20 per centum of this country's total annual

food production, is wasted or discarded in the United States each

year;

''(6) at wholesale and retail food distributors, shipping

terminals, and other establishments all across the country,

enormous quantities of fresh fruits and vegetables and dated

dairy and bakery products are discarded each day, while growing

numbers of Americans go to bed hungry and undernourished each

night;

''(7) in these times of budget constraints and appeals for

reductions in Federal spending, the use of private resources to

meet the basic food requirements of our citizens should be

encouraged; and

''(8) many States and local governments have not enacted laws

which limit the liability of food donors, such as so-called Good

Samaritan Acts and donor liability laws, and thus have

discouraged donation of food to the needy by private persons.

''(b) It is the sense of the Congress that -

''(1) departments and agencies of the Federal Government should

take such steps as may be necessary to distribute to hungry

people of the United States surplus food or food which would

otherwise be discarded;

''(2) State and local governments which have not yet enacted

so-called Good Samaritan or donor liability laws to encourage

private cooperative efforts to provide food for hungry people

within their respective jurisdictions should do so as quickly as

possible; and

''(3) wholesale and retail food distributors, shipping

terminals, and other establishments should work more closely with

religious, community, and other charitable organizations to make

wholesome food which is currently being wasted or discarded by

such establishments available for immediate distribution to

hungry people of the United States.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 35 section 210; title 42

section 418.

-CITE-

7 USC Sec. 1625 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1625. Transfer and consolidation of functions, powers,

bureaus, etc.

-STATUTE-

In order to facilitate administration and to increase the

effectiveness of the marketing research, service, and regulatory

work of the Department of Agriculture to the fullest extent

practicable, the Secretary of Agriculture is authorized,

notwithstanding any other provisions of law, to transfer, group,

coordinate, and consolidate the functions, powers, duties, and

authorities of each and every agency, division, bureau, service,

section, or other administrative unit in the Department of

Agriculture primarily concerned with research, service, or

regulatory activities in connection with the marketing,

transportation, storage, processing, distribution of, or service or

regulatory activities in connection with, the utilization of,

agricultural products, into a single administrative agency. In

making such changes as may be necessary to carry out effectively

the purposes of this chapter, the records, property, personnel, and

funds of such agencies, divisions, bureaus, services, sections, or

other administrative units in the Department of Agriculture

affected are authorized to be transferred to and used by such

administrative agency to which the transfer may be made, but such

unexpended balances of appropriations so transferred shall be used

only for the purposes for which such appropriations were made.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 206, 60 Stat. 1090.)

-CITE-

7 USC Sec. 1626 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1626. Definitions

-STATUTE-

When used in this chapter, the term ''agricultural products''

includes agricultural, horticultural, viticultural, and dairy

products, livestock and poultry, bees, forest products, fish and

shellfish, and any products thereof, including processed and

manufactured products, and any and all products raised or produced

on farms and any processed or manufactured product thereof, and the

term ''State'' when used in this chapter shall include the Virgin

Islands and Guam.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 207, 60 Stat. 1091; Pub. L.

92-318, title V, Sec. 506(f), June 23, 1972, 86 Stat. 351.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-318 inserted definition of ''State'' as

including Virgin Islands and Guam.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-318 effective after June 30, 1970, see

section 506(n) of Pub. L. 92-318, set out as a note under section

326a of this title.

-CITE-

7 USC Sec. 1627 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1627. Appointment of personnel; compensation; employment of

specialists

-STATUTE-

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.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 208, 60 Stat. 1091.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

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, Sec.

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.

-CITE-

7 USC Sec. 1628 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1628. Repealed. Pub. L. 93-86, Sec. 2, Aug. 10, 1973, 87 Stat.

246

-MISC1-

Section, acts Aug. 14, 1946, ch. 966, title III, Sec. 301, 60

Stat. 1091; Dec. 29, 1967, Pub. L. 90-233, 81 Stat. 752, provided

for establishment and staffing of a national advisory committee to

aid in implementing the research and service work authorized under

this chapter, sections 427 and 427i of this title and former

sections 427h and 427j of this title, and set forth functions of

such committee.

-CITE-

7 USC Sec. 1629 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1629. Establishment of committees to assist in research and

service programs

-STATUTE-

In the furtherance of the research and service work authorized by

sections 427 and 427i of this title and this chapter, 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.

-SOURCE-

(Aug. 14, 1946, ch. 966, title III, Sec. 302, 60 Stat. 1091.)

-REFTEXT-

REFERENCES IN TEXT

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, Sec. 2, Aug. 10, 1973, 87 Stat. 246.

-COD-

CODIFICATION

Section was not enacted as part of the Agricultural Marketing Act

of 1946 which comprises this chapter.

-CITE-

7 USC Sec. 1630 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1630. Omitted

-COD-

CODIFICATION

Section, act June 4, 1956, ch. 355, title V, Sec. 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, Sec. 509, 69 Stat. 64.

June 29, 1954, ch. 409, title V, Sec. 509, 68 Stat. 319.

-CITE-

7 USC Sec. 1631 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1631. Protection for purchasers of farm products

-STATUTE-

(a) Congressional findings

Congress finds that -

(1) certain State laws permit a secured lender to enforce liens

against a purchaser of farm products even if the purchaser does

not know that the sale of the products violates the lender's

security interest in the products, lacks any practical method for

discovering the existence of the security interest, and has no

reasonable means to ensure that the seller uses the sales

proceeds to repay the lender;

(2) these laws subject the purchaser of farm products to double

payment for the products, once at the time of purchase, and again

when the seller fails to repay the lender;

(3) the exposure of purchasers of farm products to double

payment inhibits free competition in the market for farm

products; and

(4) this exposure constitutes a burden on and an obstruction to

interstate commerce in farm products.

(b) Declaration of purpose

The purpose of this section is to remove such burden on and

obstruction to interstate commerce in farm products.

(c) Definitions

For the purposes of this section -

(1) The term ''buyer in the ordinary course of business'' means

a person who, in the ordinary course of business, buys farm

products from a person engaged in farming operations who is in

the business of selling farm products.

(2) The term ''central filing system'' means a system for

filing effective financing statements or notice of such financing

statements on a statewide basis and which has been certified by

the Secretary of the United States Department of Agriculture; the

Secretary shall certify such system if the system complies with

the requirements of this section; specifically under such system

-

(A) effective financing statements or notice of such

financing statements are filed with the office of the Secretary

of State of a State;

(B) the Secretary of State records the date and hour of the

filing of such statements;

(C) the Secretary of State compiles all such statements into

a master list -

(i) organized according to farm products;

(ii) arranged within each such product -

(I) in alphabetical order according to the last name of

the individual debtors, or, in the case of debtors doing

business other than as individuals, the first word in the

name of such debtors; and

(II) in numerical order according to the social security

number of the individual debtors or, in the case of debtors

doing business other than as individuals, the Internal

Revenue Service taxpayer identification number of such

debtors; and

(III) geographically by county or parish; and

(IV) by crop year;

(iii) containing the information referred to in paragraph

(4)(D);

(D) the Secretary of State maintains a list of all buyers of

farm products, commission merchants, and selling agents who

register with the Secretary of State, on a form indicating -

(i) the name and address of each buyer, commission merchant

and selling agent;

(ii) the interest of each buyer, commission merchant, and

selling agent in receiving the lists described in

subparagraph (E); and

(iii) the farm products in which each buyer, commission

merchant, and selling agent has an interest;

(E) the Secretary of State distributes regularly as

prescribed by the State to each buyer, commission merchant, and

selling agent on the list described in subparagraph (D) a copy

in written or printed form of those portions of the master list

described in paragraph (FOOTNOTE 1) (C) that cover the farm

products in which such buyer, commission merchant, or selling

agent has registered an interest;

(FOOTNOTE 1) So in original. Probably should be

''subparagraph''.

(F) the Secretary of State furnishes to those who are not

registered pursuant to (2)(D) of this section (FOOTNOTE 2) oral

confirmation within 24 hours of any effective financing

statement on request followed by written confirmation to any

buyer of farm products buying from a debtor, or commission

merchant or selling agent selling for a seller covered by such

statement.

(FOOTNOTE 2) So in original. Probably should be ''pursuant to

subparagraph (D)''.

(3) The term ''commission merchant'' means any person engaged

in the business of receiving any farm product for sale, on

commission, or for or on behalf of another person.

(4) The term ''effective financing statement'' means a

statement that -

(A) is an original or reproduced copy of the statement, or,

in the case of a State which (under the applicable State law

provisions of the Uniform Commercial Code) allows the

electronic filing of financing statements without the signature

of the debtor, is an electronically reproduced copy of the

statement;

(B) other than in the case of an electronically reproduced

copy of the statement, is signed, authorized, or otherwise

authenticated by the debtor, and filed with the Secretary of

State of a State by the secured party;

(C) contains,

(i) the name and address of the secured party;

(ii) the name and address of the person indebted to the

secured party;

(iii) the social security number of the debtor or, in the

case of a debtor doing business other than as an individual,

the Internal Revenue Service taxpayer identification number

of such debtor; and

(iv) a description of the farm products subject to the

security interest created by the debtor, including the amount

of such products where applicable, and the name of each

county or parish in which the farm products are produced or

located;

(D) must be amended in writing, within 3 months, similarly

signed, authorized, or otherwise authenticated by the debtor

and filed, to reflect material changes;

(E) remains effective for a period of 5 years from the date

of filing, subject to extensions for additional periods of 5

years each by refiling or filing a continuation statement

within 6 months before the expiration of the initial 5 year

period;

(F) lapses on either the expiration of the effective period

of the statement or the filing of a notice signed, authorized,

or otherwise authenticated by the secured party that the

statement has lapsed, whichever occurs first;

(G) is accompanied by the requisite filing fee set by the

Secretary of State; and

(H) substantially complies with the requirements of this

subparagraph even though it contains minor errors that are not

seriously misleading.

(5) The term ''farm product'' means an agricultural commodity

such as wheat, corn, soybeans, or a species of livestock such as

cattle, hogs, sheep, horses, or poultry used or produced in

farming operations, or a product of such crop or livestock in its

unmanufactured state (such as ginned cotton, wool-clip, maple

syrup, milk, and eggs), that is in the possession of a person

engaged in farming operations.

(6) The term ''knows'' or ''knowledge'' means actual knowledge.

(7) The term ''security interest'' means an interest in farm

products that secures payment or performance of an obligation.

(8) The term ''selling agent'' means any person, other than a

commission merchant, who is engaged in the business of

negotiating the sale and purchase of any farm product on behalf

of a person engaged in farming operations.

(9) The term ''State'' means each of the 50 States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam, the

Virgin Islands of the United States, American Samoa, the

Commonwealth of the Northern Mariana Islands, or the Trust

Territory of the Pacific Islands.

(10) The term ''person'' means any individual, partnership,

corporation, trust, or any other business entity.

(11) The term ''Secretary of State'' means the Secretary of

State or the designee of the State.

(d) Purchases free of security interest

Except as provided in subsection (e) of this section and

notwithstanding any other provision of Federal, State, or local

law, a buyer who in the ordinary course of business buys a farm

product from a seller engaged in farming operations shall take free

of a security interest created by the seller, even though the

security interest is perfected; and the buyer knows of the

existence of such interest.

(e) Purchases subject to security interest

A buyer of farm products takes subject to a security interest

created by the seller if -

(1)(A) within 1 year before the sale of the farm products, the

buyer has received from the secured party or the seller written

notice of the security interest organized according to farm

products that -

(i) is an original or reproduced copy thereof;

(ii) contains,

(I) the name and address of the secured party;

(II) the name and address of the person indebted to the

secured party;

(III) the social security number of the debtor or, in the

case of a debtor doing business other than as an individual,

the Internal Revenue Service taxpayer identification number

of such debtor; and

(IV) a description of the farm products subject to the

security interest created by the debtor, including the amount

of such products where applicable, crop year, and the name of

each county or parish in which the farm products are produced

or located;

(iii) must be amended in writing, within 3 months, similarly

signed, authorized, or otherwise authenticated and transmitted,

to reflect material changes;

(iv) will lapse on either the expiration period of the

statement or the transmission of a notice signed, authorized,

or otherwise authenticated by the secured party that the

statement has lapsed, whichever occurs first; and

(v) contains any payment obligations imposed on the buyer by

the secured party as conditions for waiver or release of the

security interest; and

(B) the buyer has failed to perform the payment obligations, or

(2) in the case of a farm product produced in a State that has

established a central filing system -

(A) the buyer has failed to register with the Secretary of

State of such State prior to the purchase of farm products; and

(B) the secured party has filed an effective financing

statement or notice that covers the farm products being sold;

or

(3) in the case of a farm product produced in a State that has

established a central filing system, the buyer -

(A) receives from the Secretary of State of such State

written notice as provided in subsection (c)(2)(E) or (c)(2)(F)

that specifies both the seller and the farm product being sold

by such seller as being subject to an effective financing

statement or notice; and

(B) does not secure a waiver or release of the security

interest specified in such effective financing statement or

notice from the secured party by performing any payment

obligation or otherwise.

(f) Law governing ''receipt''

What constitutes receipt, as used in this section, shall be

determined by the law of the State in which the buyer resides.

(g) Commission merchants or selling agents: sales free of or

subject to security interest; law governing ''receipt''

(1) Except as provided in paragraph (2) and notwithstanding any

other provision of Federal, State, or local law, a commission

merchant or selling agent who sells, in the ordinary course of

business, a farm product for others, shall not be subject to a

security interest created by the seller in such farm product even

though the security interest is perfected and even though the

commission merchant or selling agent knows of the existence of such

interest.

(2) A commission merchant or selling agent who sells a farm

product for others shall be subject to a security interest created

by the seller in such farm product if -

(A) within 1 year before the sale of such farm product the

commission merchant or selling agent has received from the

secured party or the seller written notice of the security

interest; organized according to farm products, that -

(i) is an original or reproduced copy thereof;

(ii) contains,

(I) the name and address of the secured party;

(II) the name and address of the person indebted to the

secured party;

(III) the social security number of the debtor or, in the

case of a debtor doing business other than as an individual,

the Internal Revenue Service taxpayer identification number

of such debtor; and

(IV) a description of the farm products subject to the

security interest created by the debtor, including the amount

of such products, where applicable, crop year, and the name

of each county or parish in which the farm products are

produced or located;

(iii) must be amended in writing, within 3 months, similarly

signed, authorized, or otherwise authenticated and transmitted,

to reflect material changes;

(iv) will lapse on either the expiration period of the

statement or the transmission of a notice signed, authorized,

or otherwise authenticated by the secured party that the

statement has lapsed, whichever occurs first; and

(v) contains any payment obligations imposed on the

commission merchant or selling agent by the secured party as

conditions for waiver or release of the security interest; and

(B) the commission merchant or selling agent has failed to

perform the payment obligations;

(C) in the case of a farm product produced in a State that has

established a central filing system -

(i) the commission merchant or selling agent has failed to

register with the Secretary of State of such State prior to the

purchase of farm products; and

(ii) the secured party has filed an effective financing

statement or notice that covers the farm products being sold;

or

(D) in the case of a farm product produced in a State that has

established a central filing system, the commission merchant or

selling agent -

(i) receives from the Secretary of State of such State

written notice as provided in subsection (c)(2)(E) or (c)(2)(F)

of this section that specifies both the seller and the farm

products being sold by such seller as being subject to an

effective financing statement or notice; and

(ii) does not secure a waiver or release of the security

interest specified in such effective financing statement or

notice from the secured party by performing any payment

obligation or otherwise.

(3) What constitutes receipt, as used in this section, shall be

determined by the law of the State in which the buyer resides.

(h) Security agreements; identity lists; notice of identity or

accounting for proceeds; violations

(1) A security agreement in which a person engaged in farming

operations creates a security interest in a farm product may

require the person to furnish to the secured party a list of the

buyers, commission merchants, and selling agents to or through whom

the person engaged in farming operations may sell such farm

product.

(2) If a security agreement contains a provision described in

paragraph (1) and such person engaged in farming operations sells

the farm product collateral to a buyer or through a commission

merchant or selling agent not included on such list, the person

engaged in farming operations shall be subject to paragraph (3)

unless the person -

(A) has notified the secured party in writing of the identity

of the buyer, commission merchant, or selling agent at least 7

days prior to such sale; or

(B) has accounted to the secured party for the proceeds of such

sale not later than 10 days after such sale.

(3) A person violating paragraph (2) shall be fined $5,000 or 15

per centum of the value or benefit received for such farm product

described in the security agreement, whichever is greater.

(i) Regulations

The Secretary of Agriculture shall prescribe regulations not

later than 90 days after December 23, 1985, to aid States in the

implementation and management of a central filing system.

(j) Effective date

This section shall become effective 12 months after December 23,

1985.

-SOURCE-

(Pub. L. 99-198, title XIII, Sec. 1324, Dec. 23, 1985, 99 Stat.

1535; Pub. L. 104-127, title VI, Sec. 662, Apr. 4, 1996, 110 Stat.

1107; Pub. L. 107-171, title X, Sec. 10604, May 13, 2002, 116 Stat.

512.)

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Marketing Act of 1946 which

comprises this chapter.

-MISC3-

AMENDMENTS

2002 - Subsec. (c)(4)(B). Pub. L. 107-171, Sec. 10604(a)(1),

substituted ''signed, authorized, or otherwise authenticated by the

debtor,'' for ''signed''.

Subsec. (c)(4)(C). Pub. L. 107-171, Sec. 10604(a)(2), (6),

redesignated subpar. (D) as (C) and struck out former subpar. (C)

which read as follows: ''other than in the case of an

electronically reproduced copy of the statement, is signed by the

debtor;''.

Subsec. (c)(4)(D). Pub. L. 107-171, Sec. 10604(a)(6),

redesignated subpar. (E) as (D). Former subpar. (D) redesignated

(C).

Subsec. (c)(4)(D)(iii). Pub. L. 107-171, Sec. 10604(a)(3)(A),

inserted ''and'' after semicolon at end.

Subsec. (c)(4)(D)(iv). Pub. L. 107-171, Sec. 10604(a)(3)(B),

substituted ''applicable, and the name of each county or parish in

which the farm products are produced or located;'' for

''applicable; and a reasonable description of the property,

includingcounty or parish in which the property is located;''.

Subsec. (c)(4)(E). Pub. L. 107-171, Sec. 10604(a)(6),

redesignated subpar. (F) as (E). Former subpar. (E) redesignated

(D).

Pub. L. 107-171, Sec. 10604(a)(4), substituted ''signed,

authorized, or otherwise authenticated by the debtor'' for

''signed''.

Subsec. (c)(4)(F). Pub. L. 107-171, Sec. 10604(a)(6),

redesignated subpar. (G) as (F). Former subpar. (F) redesignated

(E).

Subsec. (c)(4)(G). Pub. L. 107-171, Sec. 10604(a)(6),

redesignated subpar. (H) as (G). Former subpar. (G) redesignated

(F).

Pub. L. 107-171, Sec. 10604(a)(5), substituted ''notice signed,

authorized, or otherwise authenticated'' for ''notice signed''.

Subsec. (c)(4)(H), (I). Pub. L. 107-171, Sec. 10604(a)(6),

redesignated subpar. (I) as (H). Former subpar. (H) redesignated

(G).

Subsec. (e)(1)(A)(ii)(III). Pub. L. 107-171, Sec. 10604(b)(1)(A),

inserted ''and'' after semicolon at end.

Subsec. (e)(1)(A)(ii)(IV). Pub. L. 107-171, Sec. 10604(b)(1)(B),

substituted ''crop year, and the name of each county or parish in

which the farm products are produced or located;'' for ''crop year,

county or parish, and a reasonable description of the property;

and''.

Subsec. (e)(1)(A)(iii). Pub. L. 107-171, Sec. 10604(b)(2),

substituted ''similarly signed, authorized, or otherwise

authenticated'' for ''similarly signed''.

Subsec. (e)(1)(A)(iv). Pub. L. 107-171, Sec. 10604(b)(3),

substituted ''notice signed, authorized, or otherwise

authenticated'' for ''notice signed''.

Subsec. (e)(1)(A)(v). Pub. L. 107-171, Sec. 10604(b)(4), inserted

''contains'' before ''any payment''.

Subsec. (e)(3)(A). Pub. L. 107-171, Sec. 10604(b)(5)(A),

substituted ''subsection'' for ''subparagraph''.

Subsec. (e)(3)(B). Pub. L. 107-171, Sec. 10604(b)(5)(B),

substituted a period for ''; and'' at end.

Subsec. (g)(2)(A)(ii)(III). Pub. L. 107-171, Sec. 10604(c)(1)(A),

inserted ''and'' after semicolon at end.

Subsec. (g)(2)(A)(ii)(IV). Pub. L. 107-171, Sec. 10604(c)(1)(B),

substituted ''crop year, and the name of each county or parish in

which the farm products are produced or located;'' for ''crop year,

county or parish, and a reasonable description of the property,

etc.; and''.

Subsec. (g)(2)(A)(iii). Pub. L. 107-171, Sec. 10604(c)(2),

substituted ''similarly signed, authorized, or otherwise

authenticated'' for ''similarly signed''.

Subsec. (g)(2)(A)(iv). Pub. L. 107-171, Sec. 10604(c)(3),

substituted ''notice signed, authorized, or otherwise

authenticated'' for ''notice signed''.

Subsec. (g)(2)(A)(v). Pub. L. 107-171, Sec. 10604(c)(4), inserted

''contains'' before ''any payment''.

1996 - Subsec. (c)(4)(A). Pub. L. 104-127, Sec. 662(1),

substituted ''of the statement, or, in the case of a State which

(under the applicable State law provisions of the Uniform

Commercial Code) allows the electronic filing of financing

statements without the signature of the debtor, is an

electronically reproduced copy of the statement'' for ''thereof''.

Subsec. (c)(4)(B), (C). Pub. L. 104-127, Sec. 662(2), inserted

''other than in the case of an electronically reproduced copy of

the statement,'' before ''is''.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

7 USC Sec. 1632 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1632. Repealed. Pub. L. 107-171, title VII, Sec. 7303, May 13,

2002, 116 Stat. 455

-MISC1-

Section, Pub. L. 99-198, title XIV, Sec. 1436, Dec. 23, 1985, 99

Stat. 1558, related to market expansion research.

-CITE-

7 USC SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

.

-HEAD-

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

-MISC1-

TERMINATION OF SUBCHAPTER

For termination of subchapter by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Part A - Purpose; Definitions 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part A - Purpose; Definitions

.

-HEAD-

Part A - Purpose; Definitions

-CITE-

7 USC Sec. 1635 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part A - Purpose; Definitions

-HEAD-

Sec. 1635. Purpose

-STATUTE-

The purpose of this subchapter is to establish a program of

information regarding the marketing of cattle, swine, lambs, and

products of such livestock that -

(1) provides information that can be readily understood by

producers, packers, and other market participants, including

information with respect to the pricing, contracting for

purchase, and supply and demand conditions for livestock,

livestock production, and livestock products;

(2) improves the price and supply reporting services of the

Department of Agriculture; and

(3) encourages competition in the marketplace for livestock and

livestock products.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 211, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1188.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out below.

-MISC1-

LIVESTOCK MANDATORY REPORTING

Pub. L. 106-78, title IX, Oct. 22, 1999, 113 Stat. 1188, provided

that:

''SEC. 901. SHORT TITLE.

''This title (enacting sections 198 to 198b and 1635 to 1636h of

this title and this note, amending sections 192 and 5712 of this

title, repealing section 229a of this title, and amending

provisions set out as a note under section 1421 of this title) may

be cited as the 'Livestock Mandatory Reporting Act of 1999'.

''SUBTITLE A - LIVESTOCK MANDATORY REPORTING

''SEC. 911. LIVESTOCK MANDATORY REPORTING.

''(Enacted this subchapter.)

''SEC. 912. UNJUST DISQUALIFICATION.

''(Amended section 192 of this title.)

''SEC. 913. CONFORMING AMENDMENTS.

''(a) (Repealed section 229a of this title.)

''(b) (Amended section 101(a) (title XI, Sec. 1127) of Pub. L.

105-277, 7 U.S.C. 1421 note.)

''SUBTITLE B - RELATED BEEF REPORTING PROVISIONS

''SEC. 921. BEEF EXPORT REPORTING.

''(Amended section 5712 of this title.)

''SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS.

''Not later than 1 year after the date of the enactment of this

Act (Oct. 22, 1999), the Secretary of Agriculture shall fully

implement a program, through the use of a streamlined electronic

online system, to issue and report export certificates for all meat

and meat products.

''SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE.

''(a) In General. - The Secretary of Agriculture shall -

''(1) obtain information regarding the import of beef and beef

variety meats (consistent with the information categories

reported for beef exports under section 602(a) of the

Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle

using available information sources; and

''(2) publish the information in a timely manner weekly and in

a form that maximizes the utility of the information to beef

producers, packers, and other market participants.

''(b) Content. - The published information shall include

information reporting the year-to-date cumulative annual imports of

beef, beef variety meats, and cattle for the current and prior

marketing years.

''SEC. 924. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated such sums as are

necessary to carry out sections 922 and 923.

''SUBTITLE C - RELATED SWINE REPORTING PROVISIONS

''SEC. 931. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT.

''(a) In General. - Effective beginning not later than 90 days

after the date of the enactment of this Act (Oct. 22, 1999), the

Secretary of Agriculture shall publish on a monthly basis the Hogs

and Pigs Inventory Report.

''(b) Gestating Sows. - The Secretary shall include in a separate

category of the Report the number of bred female swine that are

assumed, or have been confirmed, to be pregnant during the

reporting period.

''(c) Phase-Out. - Effective for a period of eight quarters after

the implementation of the monthly report required under subsection

(a), the Secretary shall continue to maintain and publish on a

quarterly basis the Hogs and Pigs Inventory Report published on or

before the date of the enactment of this Act.

''SEC. 932. BARROW AND GILT SLAUGHTER.

''(a) In General. - The Secretary of Agriculture shall promptly

obtain and maintain, through an appropriate collection system or

valid sampling system at packing plants, information on the total

slaughter of swine that reflects differences in numbers between

barrows and gilts, as determined by the Secretary.

''(b) Availability. - The information shall be made available to

swine producers, packers, and other market participants in a report

published by the Secretary not less frequently than weekly.

''(c) Administration. -

''(1) In general. - The Secretary shall administer the

collection and compilation of information, and the publication of

the report, required by this section.

''(2) Nondelegation. - The Secretary shall not delegate the

collection, compilation, or administration of the information

required by this section to any packer (as defined in section 201

of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)).

''SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT.

''(a) In General. - The Secretary of Agriculture shall contract

with a qualified contractor to conduct a correlation study and

prepare a report establishing a baseline and standards for

determining and improving average trim loss measurements and

processing techniques for pork processors to employ in the

slaughter of swine.

''(b) Correlation Study and Report. - The study and report shall

-

''(1) analyze processing techniques that would assist the pork

processing industry in improving procedures for uniformity and

transparency in how trim loss is discounted (in dollars per

hundred pounds carcass weight) by different packers and

processors;

''(2) analyze slaughter inspection procedures that could be

improved so that trimming procedures and policies of the

Secretary are uniform to the maximum extent determined

practicable by the Secretary;

''(3) determine how the Secretary may be able to foster

improved breeding techniques and animal handling and

transportation procedures through training programs made

available to swine producers so as to minimize trim loss in

slaughter processing; and

''(4) make recommendations that are designed to effect changes

in the pork industry so as to achieve continuous improvement in

average trim losses and discounts.

''(c) Subsequent Reports on Status of Improvements and Updates in

Baseline. - Not less frequently than once every 2 years after the

initial publication of the report required under this section, the

Secretary shall make subsequent periodic reports that -

''(1) examine the status of the improvement in reducing trim

loss discounts in the pork processing industry; and

''(2) update the baseline to reflect changes in trim loss

discounts.

''(d) Submission of Reports to Congress, Producers, Packers, and

Others. - The reports required under this section shall be made

available to -

''(1) the public on the Internet;

''(2) the Committee on Agriculture of the House of

Representatives;

''(3) the Committee on Agriculture, Nutrition, and Forestry of

the Senate;

''(4) producers and packers; and

''(5) other market participants.

''SEC. 934. SWINE PACKER MARKETING CONTRACTS.

''(Enacted sections 198 to 198b of this title.)

''SEC. 935. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated such sums as are

necessary to carry out this subtitle and the amendments made by

this subtitle.

''SUBTITLE D - IMPLEMENTATION

''SEC. 941. REGULATIONS.

''(a) In General. - Not later than 180 days after the date of the

enactment of this Act (Oct. 22, 1999), the Secretary of Agriculture

shall publish final regulations to implement this title and the

amendments made by this title.

''(b) Publication of Proposed Regulations. - Not later than 90

days after the date of the enactment of this Act, the Secretary

shall publish proposed regulations to implement this title and the

amendments made by this title.

''(c) Comment Period. - The Secretary shall provide an

opportunity for comment on the proposed regulations during the

30-day period beginning on the date of the publication of the

proposed regulations.

''(d) Final Regulations. - Not later than 60 days after the

conclusion of the comment period, the Secretary shall publish the

final regulations and implement this title and the amendments made

by this title.

''SEC. 942. TERMINATION OF AUTHORITY.

''The authority provided by this title (enacting sections 198 to

198b and 1635 to 1636h of this title and this note, amending

sections 192 and 5712 of this title, repealing section 229a of this

title, and amending provisions set out as a note under section 1421

of this title) and the amendments made by this title terminate 5

years after the date of the enactment of this Act (Oct. 22,

1999).''

-CITE-

7 USC Sec. 1635a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part A - Purpose; Definitions

-HEAD-

Sec. 1635a. Definitions

-STATUTE-

In this subchapter:

(1) Base price

The term ''base price'' means the price paid for livestock,

delivered at the packing plant, before application of any

premiums or discounts, expressed in dollars per hundred pounds of

carcass weight.

(2) Basis level

The term ''basis level'' means the agreed-on adjustment to a

future price to establish the final price paid for livestock.

(3) Current slaughter week

The term ''current slaughter week'' means the period beginning

Monday, and ending Sunday, of the week in which a reporting day

occurs.

(4) F.O.B.

The term ''F.O.B.'' means free on board, regardless of the mode

of transportation, at the point of direct shipment by the seller

to the buyer.

(5) Livestock

The term ''livestock'' means cattle, swine, and lambs.

(6) Lot

The term ''lot'' means a group of one or more livestock that is

identified for the purpose of a single transaction between a

buyer and a seller.

(7) Marketing

The term ''marketing'' means the sale or other disposition of

livestock, livestock products, or meat or meat food products in

commerce.

(8) Negotiated purchase

The term ''negotiated purchase'' means a cash or spot market

purchase by a packer of livestock from a producer under which -

(A) the base price for the livestock is determined by

seller-buyer interaction and agreement on a day; and

(B) the livestock are scheduled for delivery to the packer

not later than 14 days after the date on which the livestock

are committed to the packer.

(9) Negotiated sale

The term ''negotiated sale'' means a cash or spot market sale

by a producer of livestock to a packer under which -

(A) the base price for the livestock is determined by

seller-buyer interaction and agreement on a day; and

(B) the livestock are scheduled for delivery to the packer

not later than 14 days after the date on which the livestock

are committed to the packer.

(10) Prior slaughter week

The term ''prior slaughter week'' means the Monday through

Sunday prior to a reporting day.

(11) Producer

The term ''producer'' means any person engaged in the business

of selling livestock to a packer for slaughter (including the

sale of livestock from a packer to another packer).

(12) Reporting day

The term ''reporting day'' means a day on which -

(A) a packer conducts business regarding livestock committed

to the packer, or livestock purchased, sold, or slaughtered by

the packer;

(B) the Secretary is required to make information concerning

the business described in subparagraph (A) available to the

public; and

(C) the Department of Agriculture is open to conduct

business.

(13) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(14) State

The term ''State'' means each of the 50 States.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 212, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1188.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 198 of this title.

-CITE-

7 USC Part B - Cattle Reporting 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part B - Cattle Reporting

.

-HEAD-

Part B - Cattle Reporting

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1636, 1636a of this title.

-CITE-

7 USC Sec. 1635d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part B - Cattle Reporting

-HEAD-

Sec. 1635d. Definitions

-STATUTE-

In this part:

(1) Cattle committed

The term ''cattle committed'' means cattle that are scheduled

to be delivered to a packer within the 7-day period beginning on

the date of an agreement to sell the cattle.

(2) Cattle type

The term ''cattle type'' means the following types of cattle

purchased for slaughter:

(A) Fed steers.

(B) Fed heifers.

(C) Fed Holsteins and other fed dairy steers and heifers.

(D) Cows.

(E) Bulls.

(3) Formula marketing arrangement

The term ''formula marketing arrangement'' means the advance

commitment of cattle for slaughter by any means other than

through a negotiated purchase or a forward contract, using a

method for calculating price in which the price is determined at

a future date.

(4) Forward contract

The term ''forward contract'' means -

(A) an agreement for the purchase of cattle, executed in

advance of slaughter, under which the base price is established

by reference to -

(i) prices quoted on the Chicago Mercantile Exchange; or

(ii) other comparable publicly available prices; or

(B) such other forward contract as the Secretary determines

to be applicable.

(5) Packer

The term ''packer'' means any person engaged in the business of

buying cattle in commerce for purposes of slaughter, of

manufacturing or preparing meats or meat food products from

cattle for sale or shipment in commerce, or of marketing meats or

meat food products from cattle in an unmanufactured form acting

as a wholesale broker, dealer, or distributor in commerce, except

that -

(A) the term includes only a cattle processing plant that is

federally inspected;

(B) for any calendar year, the term includes only a cattle

processing plant that slaughtered an average of at least

125,000 head of cattle per year during the immediately

preceding 5 calendar years; and

(C) in the case of a cattle processing plant that did not

slaughter cattle during the immediately preceding 5 calendar

years, the Secretary shall consider the plant capacity of the

processing plant in determining whether the processing plant

should be considered a packer under this part.

(6) Packer-owned cattle

The term ''packer-owned cattle'' means cattle that a packer

owns for at least 14 days immediately before slaughter.

(7) Terms of trade

The term ''terms of trade'' includes, with respect to the

purchase of cattle for slaughter -

(A) whether a packer provided any financing agreement or

arrangement with regard to the cattle;

(B) whether the delivery terms specified the location of the

producer or the location of the packer's plant;

(C) whether the producer is able to unilaterally specify the

date and time during the business day of the packer that the

cattle are to be delivered for slaughter; and

(D) the percentage of cattle purchased by a packer as a

negotiated purchase that are delivered to the plant for

slaughter more than 7 days, but fewer than 14 days, after the

earlier of -

(i) the date on which the cattle were committed to the

packer; or

(ii) the date on which the cattle were purchased by the

packer.

(8) Type of purchase

The term ''type of purchase'', with respect to cattle, means -

(A) a negotiated purchase;

(B) a formula market arrangement; and

(C) a forward contract.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 221, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1189.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 1635e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part B - Cattle Reporting

-HEAD-

Sec. 1635e. Mandatory reporting for live cattle

-STATUTE-

(a) Establishment

The Secretary shall establish a program of live cattle 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 cattle slaughtering industry.

(b) General reporting provisions applicable to packers and the

Secretary

(1) In general

Whenever the prices or quantities of cattle are required to be

reported or published under this section, the prices or

quantities shall be categorized so as to clearly delineate -

(A) the prices or quantities, as applicable, of the cattle

purchased in the domestic market; and

(B) the prices or quantities, as applicable, of imported

cattle.

(2) Packer-owned cattle

Information required under this section for packer-owned cattle

shall include quantity and carcass characteristics, but not

price.

(c) Daily reporting

(1) In general

The corporate officers or officially designated representatives

of each packer processing plant shall report to the Secretary at

least twice each reporting day (including once not later than

10:00 a.m. Central Time and once not later than 2:00 p.m.

Central Time) the following information for each cattle type:

(A) The prices for cattle (per hundredweight) established on

that day, categorized by -

(i) type of purchase;

(ii) the quantity of cattle purchased on a live weight

basis;

(iii) the quantity of cattle purchased on a dressed weight

basis;

(iv) a range of the estimated live weights of the cattle

purchased;

(v) an estimate of the percentage of the cattle purchased

that were of a quality grade of choice or better; and

(vi) any premiums or discounts associated with -

(I) weight, grade, or yield; or

(II) any type of purchase.

(B) The quantity of cattle delivered to the packer (quoted in

numbers of head) on that day, categorized by -

(i) type of purchase;

(ii) the quantity of cattle delivered on a live weight

basis; and

(iii) the quantity of cattle delivered on a dressed weight

basis.

(C) The quantity of cattle committed to the packer (quoted in

numbers of head) as of that day, categorized by -

(i) type of purchase;

(ii) the quantity of cattle committed on a live weight

basis; and

(iii) the quantity of cattle committed on a dressed weight

basis.

(D) The terms of trade regarding the cattle, as applicable.

(2) Publication

The Secretary shall make the information available to the

public not less frequently than three times each reporting day.

(d) Weekly reporting

(1) In general

The corporate officers or officially designated representatives

of each packer processing plant shall report to the Secretary, on

the first reporting day of each week, not later than 9:00 a.m.

Central Time, the following information applicable to the prior

slaughter week:

(A) The quantity of cattle purchased through a forward

contract that were slaughtered.

(B) The quantity of cattle delivered under a formula

marketing arrangement that were slaughtered.

(C) The quantity and carcass characteristics of packer-owned

cattle that were slaughtered.

(D) The quantity, basis level, and delivery month for all

cattle purchased through forward contracts that were agreed to

by the parties.

(E) The range and average of intended premiums and discounts

that are expected to be in effect for the current slaughter

week.

(2) Formula purchases

The corporate officers or officially designated representatives

of each packer processing plant shall report to the Secretary, on

the first reporting day of each week, not later than 9:00 a.m.

Central Time, the following information for cattle purchased

through a formula marketing arrangement and slaughtered during

the prior slaughter week:

(A) The quantity (quoted in both numbers of head and

hundredweights) of cattle.

(B) The weighted average price paid for a carcass, including

applicable premiums and discounts.

(C) The range of premiums and discounts paid.

(D) The weighted average of premiums and discounts paid.

(E) The range of prices paid.

(F) The aggregate weighted average price paid for a carcass.

(G) The terms of trade regarding the cattle, as applicable.

(3) Publication

The Secretary shall make available to the public the

information obtained under paragraphs (1) and (2) on the first

reporting day of the current slaughter week, not later than 10:00

a.m. Central Time.

(e) Regional reporting of cattle types

(1) In general

The Secretary shall determine whether adequate data can be

obtained on a regional basis for fed Holsteins and other fed

dairy steers and heifers, cows, and bulls based on the number of

packers required to report under this section.

(2) Report

Not later than 2 years after October 22, 1999, 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 determination of the

Secretary under paragraph (1).

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 222, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1191.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 1635f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part B - Cattle Reporting

-HEAD-

Sec. 1635f. Mandatory packer reporting of boxed beef sales

-STATUTE-

(a) Daily reporting

The corporate officers or officially designated representatives

of each packer processing plant shall report to the Secretary at

least twice each reporting day (not less than once before, and once

after, 12:00 noon Central Time) information on total boxed beef

sales, including -

(1) the price for each lot of each negotiated boxed beef sale

(determined by seller-buyer interaction and agreement), quoted in

dollars per hundredweight (on a F.O.B. plant basis);

(2) the quantity for each lot of each sale, quoted by number of

boxes sold; and

(3) information regarding the characteristics of each lot of

each sale, including -

(A) the grade of beef (USDA Choice or better, USDA Select, or

ungraded no-roll product);

(B) the cut of beef; and

(C) the trim specification.

(b) Publication

The Secretary shall make available to the public the information

required to be reported under subsection (a) of this section not

less frequently than twice each reporting day.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 223, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1193.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Part C - Swine Reporting 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part C - Swine Reporting

.

-HEAD-

Part C - Swine Reporting

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1636, 1636a of this title.

-CITE-

7 USC Sec. 1635i 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part C - Swine Reporting

-HEAD-

Sec. 1635i. Definitions

-STATUTE-

In this part:

(1) Affiliate

The term ''affiliate'', with respect to a packer, means -

(A) a person that directly or indirectly owns, controls, or

holds with power to vote, 5 percent or more of the outstanding

voting securities of the packer;

(B) a person 5 percent or more of whose outstanding voting

securities are directly or indirectly owned, controlled, or

held with power to vote, by the packer; and

(C) a person that directly or indirectly controls, or is

controlled by or under common control with, the packer.

(2) Applicable reporting period

The term ''applicable reporting period'' means the period of

time prescribed by the prior day report, the morning report, and

the afternoon report, as required under section 1635j(c) of this

title.

(3) Barrow

The term ''barrow'' means a neutered male swine.

(4) Base market hog

The term ''base market hog'' means a hog for which no discounts

are subtracted from and no premiums are added to the base price.

(5) Bred female swine

The term ''bred female swine'' means any female swine, whether

a sow or gilt, that has been mated or inseminated and is assumed,

or has been confirmed, to be pregnant.

(6) Formula price

The term ''formula price'' means a price determined by a

mathematical formula under which the price established for a

specified market serves as the basis for the formula.

(7) Gilt

The term ''gilt'' means a young female swine that has not

produced a litter.

(8) Hog class

The term ''hog class'' means, as applicable -

(A) barrows or gilts;

(B) sows; or

(C) boars or stags.

(9) Noncarcass merit premium

The term ''noncarcass merit premium'' means an increase in the

base price of the swine offered by an individual packer or

packing plant, based on any factor other than the characteristics

of the carcass, if the actual amount of the premium is known

before the sale and delivery of the swine.

(10) Other market formula purchase

(A) In general

The term ''other market formula purchase'' means a purchase

of swine by a packer in which the pricing mechanism is a

formula price based on any market other than the market for

swine, pork, or a pork product.

(B) Inclusion

The term ''other market formula purchase'' includes a formula

purchase in a case in which the price formula is based on one

or more futures or options contracts.

(11) Other purchase arrangement

The term ''other purchase arrangement'' means a purchase of

swine by a packer that -

(A) is not a negotiated purchase, swine or pork market

formula purchase, or other market formula purchase; and

(B) does not involve packer-owned swine.

(12) Packer

The term ''packer'' means any person engaged in the business of

buying swine in commerce for purposes of slaughter, of

manufacturing or preparing meats or meat food products from swine

for sale or shipment in commerce, or of marketing meats or meat

food products from swine in an unmanufactured form acting as a

wholesale broker, dealer, or distributor in commerce, except that

-

(A) the term includes only a swine processing plant that is

federally inspected;

(B) for any calendar year, the term includes only a swine

processing plant that slaughtered an average of at least

100,000 swine per year during the immediately preceding 5

calendar years; and

(C) in the case of a swine processing plant that did not

slaughter swine during the immediately preceding 5 calendar

years, the Secretary shall consider the plant capacity of the

processing plant in determining whether the processing plant

should be considered a packer under this part.

(13) Packer-owned swine

The term ''packer-owned swine'' means swine that a packer

(including a subsidiary or affiliate of the packer) owns for at

least 14 days immediately before slaughter.

(14) Packer-sold swine

The term ''packer-sold swine'' means the swine that are -

(A) owned by a packer (including a subsidiary or affiliate of

the packer) for more than 14 days immediately before sale for

slaughter; and

(B) sold for slaughter to another packer.

(15) Pork

The term ''pork'' means the meat of a porcine animal.

(16) Pork product

The term ''pork product'' means a product or byproduct produced

or processed in whole or in part from pork.

(17) Purchase data

The term ''purchase data'' means all of the applicable data,

including weight (if purchased live), for all swine purchased

during the applicable reporting period, regardless of the

expected delivery date of the swine, reported by -

(A) hog class;

(B) type of purchase; and

(C) packer-owned swine.

(18) Slaughter data

The term ''slaughter data'' means all of the applicable data

for all swine slaughtered by a packer during the applicable

reporting period, regardless of when the price of the swine was

negotiated or otherwise determined, reported by -

(A) hog class;

(B) type of purchase; and

(C) packer-owned swine.

(19) Sow

The term ''sow'' means an adult female swine that has produced

one or more litters.

(20) Swine

The term ''swine'' means a porcine animal raised to be a feeder

pig, raised for seedstock, or raised for slaughter.

(21) Swine or pork market formula purchase

The term ''swine or pork market formula purchase'' means a

purchase of swine by a packer in which the pricing mechanism is a

formula price based on a market for swine, pork, or a pork

product, other than a future or option for swine, pork, or a pork

product.

(22) Type of purchase

The term ''type of purchase'', with respect to swine, means -

(A) a negotiated purchase;

(B) other market formula purchase;

(C) a swine or pork market formula purchase; and

(D) other purchase arrangement.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 231, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1193.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 198 of this title.

-CITE-

7 USC Sec. 1635j 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part C - Swine Reporting

-HEAD-

Sec. 1635j. Mandatory reporting for swine

-STATUTE-

(a) Establishment

The Secretary shall establish a program of swine 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 swine slaughtering industry.

(b) General reporting provisions applicable to packers and the

Secretary

(1) In general

The Secretary shall establish and implement a price reporting

program in accordance with this section that includes the

reporting and publication of information required under this

section.

(2) Packer-owned swine

Information required under this section for packer-owned swine

shall include quantity and carcass characteristics, but not

price.

(3) Packer-sold swine

If information regarding the type of purchase is required under

this section, the information shall be reported according to the

numbers and percentages of each type of purchase comprising -

(A) packer-sold swine; and

(B) all other swine.

(4) Additional information

(A) Review

The Secretary shall review the information required to be

reported by packers under this section at least once every 2

years.

(B) Outdated information

After public notice and an opportunity for comment, subject

to subparagraph (C), the Secretary shall promulgate regulations

that specify additional information that shall be reported

under this section if the Secretary determines under the review

under subparagraph (A) that -

(i) information that is currently required no longer

accurately reflects the methods by which swine are valued and

priced by packers; or

(ii) packers that slaughter a significant majority of the

swine produced in the United States no longer use backfat or

lean percentage factors as indicators of price.

(C) Limitation

Under subparagraph (B), the Secretary may not require packers

to provide any new or additional information that -

(i) is not generally available or maintained by packers; or

(ii) would be otherwise unduly burdensome to provide.

(c) Daily reporting

(1) Prior day report

(A) In general

The corporate officers or officially designated

representatives of each packer processing plant shall report to

the Secretary, for each business day of the packer, such

information as the Secretary determines necessary and

appropriate to -

(i) comply with the publication requirements of this

section; and

(ii) provide for the timely access to the information by

producers, packers, and other market participants.

(B) Reporting deadline and plants required to report

Not later than 7:00 a.m. Central Time on each reporting day,

a packer required to report under subparagraph (A) shall report

information regarding all swine purchased, priced, or

slaughtered during the prior business day of the packer.

(C) Information required

The information from the prior business day of a packer

required under this paragraph shall include -

(i) all purchase data, including -

(I) the total number of -

(aa) swine purchased; and

(bb) swine scheduled for delivery; and

(II) the base price and purchase data for slaughtered

swine for which a price has been established;

(ii) all slaughter data for the total number of swine

slaughtered, including -

(I) information concerning the net price, which shall be

equal to the total amount paid by a packer to a producer

(including all premiums, less all discounts) per hundred

pounds of carcass weight of swine delivered at the plant -

(aa) including any sum deducted from the price per

hundredweight paid to a producer that reflects the

repayment of a balance owed by the producer to the packer

or the accumulation of a balance to later be repaid by

the packer to the producer; and

(bb) excluding any sum earlier paid to a producer that

must later be repaid to the packer;

(II) information concerning the average net price, which

shall be equal to the quotient (stated per hundred pounds

of carcass weight of swine) obtained by dividing -

(aa) the total amount paid for the swine slaughtered at

a packing plant during the applicable reporting period,

including all premiums and discounts, and including any

sum deducted from the price per hundredweight paid to a

producer that reflects the repayment of a balance owed by

the producer to the packer, or the accumulation of a

balance to later be repaid by the packer to the producer,

less all discounts; by

(bb) the total carcass weight (in hundred pound

increments) of the swine;

(III) information concerning the lowest net price, which

shall be equal to the lowest net price paid for a single

lot or a group of swine slaughtered at a packing plant

during the applicable reporting period per hundred pounds

of carcass weight of swine;

(IV) information concerning the highest net price, which

shall be equal to the highest net price paid for a single

lot or group of swine slaughtered at a packing plant during

the applicable reporting period per hundred pounds of

carcass weight of swine;

(V) the average carcass weight, which shall be equal to

the quotient obtained by dividing -

(aa) the total carcass weight of the swine slaughtered

at the packing plant during the applicable reporting

period; by

(bb) the number of the swine described in item (aa),

adjusted for special slaughter situations (such as skinning or

foot removal), as the Secretary determines necessary to

render comparable carcass weights;

(VI) the average sort loss, which shall be equal to the

average discount (in dollars per hundred pounds carcass

weight) for swine slaughtered during the applicable

reporting period, resulting from the fact that the swine

did not fall within the individual packer's established

carcass weight or lot variation range;

(VII) the average backfat, which shall be equal to the

average of the backfat thickness (in inches) measured

between the third and fourth from the last ribs, 7

centimeters from the carcass split (or adjusted from the

individual packer's measurement to that reference point

using an adjustment made by the Secretary) of the swine

slaughtered during the applicable reporting period;

(VIII) the average lean percentage, which shall be equal

to the average percentage of the carcass weight comprised

of lean meat for the swine slaughtered during the

applicable reporting period, except that when a packer is

required to report the average lean percentage under this

subclause, the packer shall make available to the Secretary

the underlying data, applicable methodology and formulae,

and supporting materials used to determine the average lean

percentage, which the Secretary may convert to the carcass

measurements or lean percentage of the swine of the

individual packer to correlate to a common percent lean

measurement; and

(IX) the total slaughter quantity, which shall be equal

to the total number of swine slaughtered during the

applicable reporting period, including all types of

purchases and packer-owned swine; and

(iii) packer purchase commitments, which shall be equal to

the number of swine scheduled for delivery to a packer for

slaughter for each of the next 14 calendar days.

(D) Publication

The Secretary shall publish the information obtained under

this paragraph in a prior day report not later than 8:00 a.m.

Central Time on the reporting day on which the information is

received from the packer.

(2) Morning report

(A) In general

The corporate officers or officially designated

representatives of each packer processing plant shall report to

the Secretary not later than 10:00 a.m. Central Time each

reporting day -

(i) the packer's best estimate of the total number of

swine, and packer-owned swine, expected to be purchased

throughout the reporting day through each type of purchase;

(ii) the total number of swine, and packer-owned swine,

purchased up to that time of the reporting day through each

type of purchase;

(iii) the base price paid for all base market hogs

purchased up to that time of the reporting day through

negotiated purchases; and

(iv) the base price paid for all base market hogs purchased

through each type of purchase other than negotiated purchase

up to that time of the reporting day, unless such information

is unavailable due to pricing that is determined on a delayed

basis.

(B) Publication

The Secretary shall publish the information obtained under

this paragraph in the morning report as soon as practicable,

but not later than 11:00 a.m. Central Time, on each reporting

day.

(3) Afternoon report

(A) In general

The corporate officers or officially designated

representatives of each packer processing plant shall report to

the Secretary not later than 2:00 p.m. Central Time each

reporting day -

(i) the packer's best estimate of the total number of

swine, and packer-owned swine, expected to be purchased

throughout the reporting day through each type of purchase;

(ii) the total number of swine, and packer-owned swine,

purchased up to that time of the reporting day through each

type of purchase;

(iii) the base price paid for all base market hogs

purchased up to that time of the reporting day through

negotiated purchases; and

(iv) the base price paid for all base market hogs purchased

up to that time of the reporting day through each type of

purchase other than negotiated purchase, unless such

information is unavailable due to pricing that is determined

on a delayed basis.

(B) Publication

The Secretary shall publish the information obtained under

this paragraph in the afternoon report as soon as practicable,

but not later than 3:00 p.m. Central Time, on each reporting

day.

(d) Weekly noncarcass merit premium report

(1) In general

Not later than 4:00 p.m. Central Time on the first reporting

day of each week, the corporate officers or officially designated

representatives of each packer processing plant shall report to

the Secretary a noncarcass merit premium report that lists -

(A) each category of standard noncarcass merit premiums used

by the packer in the prior slaughter week; and

(B) the amount (in dollars per hundred pounds of carcass

weight) paid to producers by the packer, by category.

(2) Premium list

A packer shall maintain and make available to a producer, on

request, a current listing of the dollar values (per hundred

pounds of carcass weight) of each noncarcass merit premium used

by the packer during the current or the prior slaughter week.

(3) Availability

A packer shall not be required to pay a listed noncarcass merit

premium to a producer that meets the requirements for the premium

if the need for swine in a given category is filled at a

particular point in time.

(4) Publication

The Secretary shall publish the information obtained under this

subsection as soon as practicable, but not later than 5:00 p.m.

Central Time, on the first reporting day of each week.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 232, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1195.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1635i of this title.

-CITE-

7 USC Part D - Lamb Reporting 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part D - Lamb Reporting

.

-HEAD-

Part D - Lamb Reporting

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1636, 1636a of this title.

-CITE-

7 USC Sec. 1635m 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part D - Lamb Reporting

-HEAD-

Sec. 1635m. Mandatory reporting for lambs

-STATUTE-

(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) of this section, 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.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 241, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1200.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Part E - Administration 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

.

-HEAD-

Part E - Administration

-CITE-

7 USC Sec. 1636 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636. General provisions

-STATUTE-

(a) Confidentiality

The Secretary shall make available to the public information,

statistics, and documents obtained from, or submitted by, packers,

retail entities, and other persons under this subchapter in a

manner that ensures that confidentiality is preserved regarding -

(1) the identity of persons, including parties to a contract;

and

(2) proprietary business information.

(b) Disclosure by Federal Government employees

(1) In general

Subject to paragraph (2), no officer, employee, or agent of the

United States shall, without the consent of the packer or other

person concerned, divulge or make known in any manner, any facts

or information regarding the business of the packer or other

person that was acquired through reporting required under this

subchapter.

(2) Exceptions

Information obtained by the Secretary under this subchapter may

be disclosed -

(A) to agents or employees of the Department of Agriculture

in the course of their official duties under this subchapter;

(B) as directed by the Secretary or the Attorney General, for

enforcement purposes; or

(C) by a court of competent jurisdiction.

(3) Disclosure under Freedom of Information Act

Notwithstanding any other provision of law, no facts or

information obtained under this subchapter shall be disclosed in

accordance with section 552 of title 5.

(c) Reporting by packers

A packer shall report all information required under this

subchapter on an individual lot basis.

(d) Regional reporting and aggregation

The Secretary shall make information obtained under this

subchapter available to the public only in a manner that -

(1) ensures that the information is published on a national and

a regional or statewide basis as the Secretary determines to be

appropriate;

(2) ensures that the identity of a reporting person is not

disclosed; and

(3) conforms to aggregation guidelines established by the

Secretary.

(e) Adjustments

Prior to the publication of any information required under this

subchapter, the Secretary may make reasonable adjustments in

information reported by packers to reflect price aberrations or

other unusual or unique occurrences that the Secretary determines

would distort the published information to the detriment of

producers, packers, or other market participants.

(f) Verification

The Secretary shall take such actions as the Secretary considers

necessary to verify the accuracy of the information submitted or

reported under part B, C, or D of this subchapter.

(g) Electronic reporting and publishing

The Secretary shall, to the maximum extent practicable, provide

for the reporting and publishing of the information required under

this subchapter by electronic means.

(h) Reporting of activities on weekends and holidays

(1) In general

Livestock committed to a packer, or purchased, sold, or

slaughtered by a packer, on a weekend day or holiday shall be

reported by the packer to the Secretary (to the extent required

under this subchapter), and reported by the Secretary, on the

immediately following reporting day.

(2) Limitation on reporting by packers

A packer shall not be required to report actions under

paragraph (1) more than once on the immediately following

reporting day.

(i) Effect on other laws

Nothing in this subchapter, the Livestock Mandatory Reporting Act

of 1999, or amendments made by that Act restricts or modifies the

authority of the Secretary to -

(1) administer or enforce the Packers and Stockyards Act, 1921

(7 U.S.C. 181 et seq.);

(2) administer, enforce, or collect voluntary reports under

this chapter or any other law; or

(3) access documentary evidence as provided under sections 49

and 50 of title 15.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 251, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1200.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-REFTEXT-

REFERENCES IN TEXT

The Livestock Mandatory Reporting Act of 1999, referred to in

subsec. (i), is title IX of Pub. L. 106-78, Oct. 22, 1999, 113

Stat. 1188, which is set out as a note under section 1635 of this

title.

The Packers and Stockyards Act, 1921, referred to in subsec.

(i)(1), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended,

which is classified generally to chapter 9 (Sec. 181 et seq.) of

this title. For complete classification of this Act to the Code,

see section 181 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 198a of this title.

-CITE-

7 USC Sec. 1636a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636a. Unlawful acts

-STATUTE-

It shall be unlawful and a violation of this subchapter for any

packer or other person subject to this subchapter (in the

submission of information required under part B, C, or D of this

subchapter, as determined by the Secretary) to willfully -

(1) fail or refuse to provide, or delay the timely reporting

of, accurate information to the Secretary (including estimated

information);

(2) solicit or request that a packer, the buyer or seller of

livestock or livestock products, or any other person fail to

provide, as a condition of any transaction, accurate or timely

information required under this subchapter;

(3) fail or refuse to comply with this subchapter; or

(4) report estimated information in any report required under

this subchapter in a manner that demonstrates a pattern of

significant variance in accuracy when compared to the actual

information that is reported for the same reporting period, or as

determined by any audit, oversight, or other verification

procedures of the Secretary.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 252, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1201.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 1636b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636b. Enforcement

-STATUTE-

(a) Civil penalty

(1) In general

Any packer or other person that violates this subchapter may be

assessed a civil penalty by the Secretary of not more than

$10,000 for each violation.

(2) Continuing violation

Each day during which a violation continues shall be considered

to be a separate violation.

(3) Factors

In determining the amount of a civil penalty to be assessed

under paragraph (1), the Secretary shall consider the gravity of

the offense, the size of the business involved, and the effect of

the penalty on the ability of the person that has committed the

violation to continue in business.

(4) Multiple violations

In determining whether to assess a civil penalty under

paragraph (1), the Secretary shall consider whether a packer or

other person subject to this subchapter has engaged in a pattern

of errors, delays, or omissions in violation of this subchapter.

(b) Cease and desist

In addition to, or in lieu of, a civil penalty under subsection

(a) of this section, the Secretary may issue an order to cease and

desist from continuing any violation.

(c) Notice and hearing

No penalty shall be assessed, or cease and desist order issued,

by the Secretary under this section unless the person against which

the penalty is assessed or to which the order is issued is given

notice and opportunity for a hearing before the Secretary with

respect to the violation.

(d) Finality and judicial review

(1) In general

The order of the Secretary assessing a civil penalty or issuing

a cease and desist order under this section shall be final and

conclusive unless the affected person files an appeal of the

order of the Secretary in United States district court not later

than 30 days after the date of the issuance of the order.

(2) Standard of review

A finding of the Secretary under this section shall be set

aside only if the finding is found to be unsupported by

substantial evidence.

(e) Enforcement

(1) In general

If, after the lapse of the period allowed for appeal or after

the affirmance of a penalty assessed under this section, the

person against which the civil penalty is assessed fails to pay

the penalty, the Secretary may refer the matter to the Attorney

General who may recover the penalty by an action in United States

district court.

(2) Finality

In the action, the final order of the Secretary shall not be

subject to review.

(f) Injunction or restraining order

(1) In general

If the Secretary has reason to believe that any person subject

to this subchapter has failed or refused to provide the Secretary

information required to be reported pursuant to this subchapter,

and that it would be in the public interest to enjoin the person

from further failure to comply with the reporting requirements,

the Secretary may notify the Attorney General of the failure.

(2) Attorney General

The Attorney General may apply to the appropriate district

court of the United States for a temporary or permanent

injunction or restraining order.

(3) Court

When needed to carry out this subchapter, the court shall, on a

proper showing, issue a temporary injunction or restraining order

without bond.

(g) Failure to obey orders

(1) In general

If a person subject to this subchapter fails to obey a cease

and desist or civil penalty order issued under this subsection

after the order has become final and unappealable, or after the

appropriate United States district court has entered a final

judgment in favor of the Secretary, the United States may apply

to the appropriate district court for enforcement of the order.

(2) Enforcement

If the court determines that the order was lawfully made and

duly served and that the person violated the order, the court

shall enforce the order.

(3) Civil penalty

If the court finds that the person violated the cease and

desist provisions of the order, the person shall be subject to a

civil penalty of not more than $10,000 for each offense.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 253, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1202.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1638b of this title.

-CITE-

7 USC Sec. 1636c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636c. Fees

-STATUTE-

The Secretary shall not charge or assess a user fee, transaction

fee, service charge, assessment, reimbursement, or any other fee

for the submission or reporting of information, for the receipt or

availability of, or access to, published reports or information, or

for any other activity required under this subchapter.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 254, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1203.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 1636d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636d. Recordkeeping

-STATUTE-

(a) In general

Subject to subsection (b) of this section, each packer required

to report information to the Secretary under this subchapter shall

maintain, and make available to the Secretary on request, for 2

years -

(1) the original contracts, agreements, receipts and other

records associated with any transaction relating to the purchase,

sale, pricing, transportation, delivery, weighing, slaughter, or

carcass characteristics of all livestock; and

(2) such records or other information as is necessary or

appropriate to verify the accuracy of the information required to

be reported under this subchapter.

(b) Limitations

Under subsection (a)(2) of this section, the Secretary may not

require a packer to provide new or additional information if -

(1) the information is not generally available or maintained by

packers; or

(2) the provision of the information would be unduly

burdensome.

(c) Purchases of cattle or swine

A record of a purchase of a lot of cattle or a lot of swine by a

packer shall evidence whether the purchase occurred -

(1) before 10:00 a.m. Central Time;

(2) between 10:00 a.m. and 2:00 p.m. Central Time; or

(3) after 2:00 p.m. Central Time.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 255, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1203.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 1636e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636e. Voluntary reporting

-STATUTE-

The Secretary shall encourage voluntary reporting by packers (as

defined in section 191 of this title) to which the mandatory

reporting requirements of this subchapter do not apply.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 256, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1204.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 1636f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636f. Publication of information on retail purchase prices

for representative meat products

-STATUTE-

(a) In general

Beginning not later than 90 days after October 22, 1999, the

Secretary shall compile and publish at least monthly (weekly, if

practicable) information on retail prices for representative food

products made from beef, pork, chicken, turkey, veal, or lamb.

(b) Information

The report published by the Secretary under subsection (a) of

this section shall include -

(1) information on retail prices for each representative food

product described in subsection (a) of this section; and

(2) information on total sales quantity (in pounds and dollars)

for each representative food product.

(c) Meat Price Spreads Report

During the period ending 2 years after the initial publication of

the report required under subsection (a) of this section, the

Secretary shall continue to publish the Meat Price Spreads Report

in the same manner as the Report was published before October 22,

1999.

(d) Information collection

(1) In general

To ensure the accuracy of the reports required under subsection

(a) of this section, the Secretary shall obtain the information

for the reports from one or more sources including -

(A) a consistently representative set of retail transactions;

and

(B) both prices and sales quantities for the transactions.

(2) Source of information

The Secretary may -

(A) obtain the information from retailers or commercial

information sources; and

(B) use valid statistical sampling procedures, if necessary.

(3) Adjustments

In providing information on retail prices under this section,

the Secretary may make adjustments to take into account

differences in -

(A) the geographic location of consumption;

(B) the location of the principal source of supply;

(C) distribution costs; and

(D) such other factors as the Secretary determines reflect a

verifiable comparative retail price for a representative food

product.

(e) Administration

The Secretary -

(1) shall collect information under this section only on a

voluntary basis; and

(2) shall not impose a penalty on a person for failure to

provide the information or otherwise compel a person to provide

the information.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 257, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1204.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 1636g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636g. Suspension authority regarding specific terms of price

reporting requirements

-STATUTE-

(a) In general

The Secretary may suspend any requirement of this subchapter if

the Secretary determines that application of the requirement is

inconsistent with the purposes of this subchapter.

(b) Suspension procedure

(1) Period

A suspension under subsection (a) of this section shall be for

a period of not more than 240 days.

(2) Action by Congress

If an Act of Congress concerning the requirement that is the

subject of the suspension under subsection (a) of this section is

not enacted by the end of the period of the suspension

established under paragraph (1), the Secretary shall implement

the requirement.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 258, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1205.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 1636h 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER II - LIVESTOCK MANDATORY REPORTING

Part E - Administration

-HEAD-

Sec. 1636h. Federal preemption

-STATUTE-

In order to achieve the goals, purposes, and objectives of this

chapter on a nationwide basis and to avoid potentially conflicting

State laws that could impede the goals, purposes, or objectives of

this chapter, no State or political subdivision of a State may

impose a requirement that is in addition to, or inconsistent with,

any requirement of this subchapter with respect to the submission

or reporting of information, or the publication of such

information, on the prices and quantities of livestock or livestock

products.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 259, as added Pub. L.

106-78, title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1205.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

.

-HEAD-

SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

-CITE-

7 USC Sec. 1637 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

-HEAD-

Sec. 1637. Purpose

-STATUTE-

The purpose of this subchapter is to establish a program of

information regarding the marketing of dairy products that -

(1) provides information that can be readily understood by

producers and other market participants, including information

with respect to prices, quantities sold, and inventories of dairy

products;

(2) improves the price and supply reporting services of the

Department of Agriculture; and

(3) encourages competition in the marketplace for dairy

products.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 271, as added Pub. L.

106-532, Sec. 2, Nov. 22, 2000, 114 Stat. 2541.)

-CITE-

7 USC Sec. 1637a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

-HEAD-

Sec. 1637a. Definitions

-STATUTE-

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.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 272, as added Pub. L.

106-532, Sec. 2, Nov. 22, 2000, 114 Stat. 2541; amended Pub. L.

107-171, title I, Sec. 1504, May 13, 2002, 116 Stat. 207.)

-MISC1-

AMENDMENTS

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).

-CITE-

7 USC Sec. 1637b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER III - DAIRY PRODUCT MANDATORY REPORTING

-HEAD-

Sec. 1637b. Mandatory reporting for dairy products

-STATUTE-

(a) Establishment

The Secretary shall establish a program of mandatory dairy

product information reporting that will -

(1) provide timely, accurate, and reliable market information;

(2) facilitate more informed marketing decisions; and

(3) promote competition in the dairy product manufacturing

industry.

(b) Requirements

(1) In general

In establishing the program, the Secretary shall only -

(A)(i) subject to the conditions described in paragraph (2),

require each manufacturer to report to the Secretary

information concerning the price, quantity, and moisture

content of dairy products sold by the manufacturer; and

(ii) modify the format used to provide the information on the

day before November 22, 2000, to ensure that the information

can be readily understood by market participants; and

(B) require each manufacturer and other person storing dairy

products to report to the Secretary, at a periodic interval

determined by the Secretary, information on the quantity of

dairy products stored.

(2) Conditions

The conditions referred to in paragraph (1)(A)(i) are that -

(A) the information referred to in paragraph (1)(A)(i) is

required only with respect to those package sizes actually used

to establish minimum prices for Class III or Class IV milk

under a Federal milk marketing order;

(B) the information referred to in paragraph (1)(A)(i) is

required only to the extent that the information is actually

used to establish minimum prices for Class III or Class IV milk

under a Federal milk marketing order;

(C) the frequency of the required reporting under paragraph

(1)(A)(i) does not exceed the frequency used to establish

minimum prices for Class III or Class IV milk under a Federal

milk marketing order; and

(D) the Secretary may exempt from all reporting requirements

any manufacturer that processes and markets less than 1,000,000

pounds of dairy products per year.

(c) Administration

(1) In general

The Secretary shall promulgate such regulations as are

necessary to ensure compliance with, and otherwise carry out,

this subchapter.

(2) Confidentiality

(A) In general

Except as otherwise directed by the Secretary or the Attorney

General for enforcement purposes, no officer, employee, or

agent of the United States shall make available to the public

information, statistics, or documents obtained from or

submitted by any person under this subchapter other than in a

manner that ensures that confidentiality is preserved regarding

the identity of persons, including parties to a contract, and

proprietary business information.

(B) Relation to other requirements

Notwithstanding any other provision of law, no facts or

information obtained under this subchapter shall be disclosed

in accordance with section 552 of title 5.

(3) Verification

The Secretary shall take such actions as the Secretary

considers necessary to verify the accuracy of the information

submitted or reported under this subchapter.

(4) Enforcement

(A) Unlawful act

It shall be unlawful and a violation of this subchapter for

any person subject to this subchapter to willfully fail or

refuse to provide, or delay the timely reporting of, accurate

information to the Secretary in accordance with this

subchapter.

(B) Order

After providing notice and an opportunity for a hearing to

affected persons, the Secretary may issue an order against any

person to cease and desist from continuing any violation of

this subchapter.

(C) Appeal

(i) In general

The order of the Secretary under subparagraph (B) shall be

final and conclusive unless an affected person files an

appeal of the order of the Secretary in United States

district court not later than 30 days after the date of the

issuance of the order.

(ii) Findings

A finding of the Secretary under this paragraph shall be

set aside only if the finding is found to be unsupported by

substantial evidence.

(D) Noncompliance with order

(i) In general

If a person subject to this subchapter fails to obey an

order issued under this paragraph after the order has become

final and unappealable, or after the appropriate United

States district court has entered a final judgment in favor

of the Secretary, the United States may apply to the

appropriate United States district court for enforcement of

the order.

(ii) Enforcement

If the court determines that the order was lawfully made

and duly served and that the person violated the order, the

court shall enforce the order.

(iii) Civil penalty

If the court finds that the person violated the order, the

person shall be subject to a civil penalty of not more than

$10,000 for each offense.

(5) Fees

The Secretary shall not charge or assess a user fee,

transaction fee, service charge, assessment, reimbursement fee,

or any other fee under this subchapter for -

(A) the submission or reporting of information;

(B) the receipt or availability of, or access to, published

reports or information; or

(C) any other activity required under this subchapter.

(6) Recordkeeping

Each person required to report information to the Secretary

under this subchapter shall maintain, and make available to the

Secretary, on request, original contracts, agreements, receipts,

and other records associated with the sale or storage of any

dairy products during the 2-year period beginning on the date of

the creation of the records.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out this section.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 273, as added Pub. L.

106-532, Sec. 2, Nov. 22, 2000, 114 Stat. 2542.)

-CITE-

7 USC SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

.

-HEAD-

SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-CITE-

7 USC Sec. 1638 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-

Sec. 1638. Definitions

-STATUTE-

In this subchapter:

(1) Beef

The term ''beef'' means meat produced from cattle (including

veal).

(2) Covered commodity

(A) In general

The term ''covered commodity'' means -

(i) muscle cuts of beef, lamb, and pork;

(ii) ground beef, ground lamb, and ground pork;

(iii) farm-raised fish;

(iv) wild fish;

(v) a perishable agricultural commodity; and

(vi) peanuts.

(B) Exclusions

The term ''covered commodity'' does not include an item

described in subparagraph (A) if the item is an ingredient in a

processed food item.

(3) Farm-raised fish

The term ''farm-raised fish'' includes -

(A) farm-raised shellfish; and

(B) fillets, steaks, nuggets, and any other flesh from a

farm-raised fish or shellfish.

(4) Food service establishment

The term ''food service establishment'' means a restaurant,

cafeteria, lunch room, food stand, saloon, tavern, bar, lounge,

or other similar facility operated as an enterprise engaged in

the business of selling food to the public.

(5) Lamb

The term ''lamb'' means meat, other than mutton, produced from

sheep.

(6) Perishable agricultural commodity; retailer

The terms ''perishable agricultural commodity'' and

''retailer'' have the meanings given the terms in section 499a(b)

of this title.

(7) Pork

The term ''pork'' means meat produced from hogs.

(8) Secretary

The term ''Secretary'' means the Secretary of Agriculture,

acting through the Agricultural Marketing Service.

(9) Wild fish

(A) In general

The term ''wild fish'' means naturally-born or

hatchery-raised fish and shellfish harvested in the wild.

(B) Inclusions

The term ''wild fish'' includes a fillet, steak, nugget, and

any other flesh from wild fish or shellfish.

(C) Exclusions

The term ''wild fish'' excludes net-pen aquacultural or other

farm-raised fish.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 281, as added Pub. L.

107-171, title X, Sec. 10816, May 13, 2002, 116 Stat. 533.)

-CITE-

7 USC Sec. 1638a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-

Sec. 1638a. Notice of country of origin

-STATUTE-

(a) In general

(1) Requirement

Except as provided in subsection (b) of this section, a

retailer of a covered commodity shall inform consumers, at the

final point of sale of the covered commodity to consumers, of the

country of origin of the covered commodity.

(2) United States country of origin

A retailer of a covered commodity may designate the covered

commodity as having a United States country of origin only if the

covered commodity -

(A) in the case of beef, is exclusively from an animal that

is exclusively born, raised, and slaughtered in the United

States (including from an animal exclusively born and raised in

Alaska or Hawaii and transported for a period not to exceed 60

days through Canada to the United States and slaughtered in the

United States);

(B) in the case of lamb and pork, is exclusively from an

animal that is exclusively born, raised, and slaughtered in the

United States;

(C) in the case of farm-raised fish, is hatched, raised,

harvested, and processed in the United States;

(D) in the case of wild fish, is -

(i) harvested in the United States, a territory of the

United States, or a State, or by a vessel that is documented

under chapter 121 of title 46 or registered in the United

States; and

(ii) processed in the United States, a territory of the

United States, or a State, including the waters thereof, or

aboard a vessel that is documented under chapter 121 of title

46 or registered in the United States; and

(E) in the case of a perishable agricultural commodity or

peanuts, is exclusively produced in the United States.

(3) Wild fish and farm-raised fish

The notice of country of origin for wild fish and farm-raised

fish shall distinguish between wild fish and farm-raised fish.

(b) Exemption for food service establishments

Subsection (a) of this section shall not apply to a covered

commodity if the covered commodity is -

(1) prepared or served in a food service establishment; and

(2)(A) offered for sale or sold at the food service

establishment in normal retail quantities; or

(B) served to consumers at the food service establishment.

(c) Method of notification

(1) In general

The information required by subsection (a) of this section may

be provided to consumers by means of a label, stamp, mark,

placard, or other clear and visible sign on the covered commodity

or on the package, display, holding unit, or bin containing the

commodity at the final point of sale to consumers.

(2) Labeled commodities

If the covered commodity is already individually labeled for

retail sale regarding country of origin, the retailer shall not

be required to provide any additional information to comply with

this section.

(d) Audit verification system

The Secretary may require that any person that prepares, stores,

handles, or distributes a covered commodity for retail sale

maintain a verifiable recordkeeping audit trail that will permit

the Secretary to verify compliance with this subchapter (including

the regulations promulgated under section 1638c(b)) of this title.

(e) Information

Any person engaged in the business of supplying a covered

commodity to a retailer shall provide information to the retailer

indicating the country of origin of the covered commodity.

(f) Certification of origin

(1) Mandatory identification

The Secretary shall not use a mandatory identification system

to verify the country of origin of a covered commodity.

(2) Existing certification programs

To certify the country of origin of a covered commodity, the

Secretary may use as a model certification programs in existence

on May 13, 2002, including -

(A) the carcass grading and certification system carried out

under this chapter;

(B) the voluntary country of origin beef labeling system

carried out under this chapter;

(C) voluntary programs established to certify certain premium

beef cuts;

(D) the origin verification system established to carry out

the child and adult care food program established under section

1766 of title 42; or

(E) the origin verification system established to carry out

the market access program under section 5623 of this title.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 282, as added Pub. L.

107-171, title X, Sec. 10816, May 13, 2002, 116 Stat. 533; amended

Pub. L. 107-206, title I, Sec. 208, Aug. 2, 2002, 116 Stat. 833.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (f)(2)(A), (B), was in the

original ''this Act'', and was translated as reading ''this

title'', meaning title II of act Aug. 14, 1946, ch. 966, 60 Stat.

1087, as amended, known as the Agricultural Marketing Act of 1946,

which is classified generally to this chapter, to reflect the

probable intent of Congress.

-COD-

CODIFICATION

May 13, 2002, referred to in subsec. (f)(2), was in the original

''the date of enactment of this Act'', which was translated as

meaning the date of enactment of Pub. L. 107-171, which enacted

this subchapter, to reflect the probable intent of Congress.

-MISC3-

AMENDMENTS

2002 - Subsec. (a)(2)(D). Pub. L. 107-206 amended subpar. (D)

generally. Prior to amendment, subpar. (D) read as follows: ''in

the case of wild fish, is -

''(i) harvested in waters of the United States, a territory of

the United States, or a State; and

''(ii) processed in the United States, a territory of the

United States, or a State, including the waters thereof; and''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1638b, 1638c of this

title.

-CITE-

7 USC Sec. 1638b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-

Sec. 1638b. Enforcement

-STATUTE-

(a) In general

Except as provided in subsections (b) and (c) of this section,

section 1636b of this title shall apply to a violation of this

subchapter.

(b) Warnings

If the Secretary determines that a retailer is in violation of

section 1638a of this title, the Secretary shall -

(1) notify the retailer of the determination of the Secretary;

and

(2) provide the retailer a 30-day period, beginning on the date

on which the retailer receives the notice under paragraph (1)

from the Secretary, during which the retailer may take necessary

steps to comply with section 1638a of this title.

(c) Fines

If, on completion of the 30-day period described in subsection

(b)(2) of this section, the Secretary determines that the retailer

has willfully violated section 1638a of this title, after providing

notice and an opportunity for a hearing before the Secretary with

respect to the violation, the Secretary may fine the retailer in an

amount of not more than $10,000 for each violation.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 283, as added Pub. L.

107-171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535.)

-CITE-

7 USC Sec. 1638c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-

Sec. 1638c. Regulations

-STATUTE-

(a) Guidelines

Not later than September 30, 2002, the Secretary shall issue

guidelines for the voluntary country of origin labeling of covered

commodities based on the requirements of section 1638a of this

title.

(b) Regulations

Not later than September 30, 2004, the Secretary shall promulgate

such regulations as are necessary to implement this subchapter.

(c) Partnerships with States

In promulgating the regulations, the Secretary shall, to the

maximum extent practicable, enter into partnerships with States

with enforcement infrastructure to assist in the administration of

this subchapter.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 284, as added Pub. L.

107-171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1638a of this title.

-CITE-

7 USC Sec. 1638d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 38 - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS

SUBCHAPTER IV - COUNTRY OF ORIGIN LABELING

-HEAD-

Sec. 1638d. Applicability

-STATUTE-

This subchapter shall apply to the retail sale of a covered

commodity beginning September 30, 2004.

-SOURCE-

(Aug. 14, 1946, ch. 966, title II, Sec. 285, as added Pub. L.

107-171, title X, Sec. 10816, May 13, 2002, 116 Stat. 535.)

-CITE-