-CITE-

7 USC CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING

PRODUCERS OF AGRICULTURAL PRODUCTS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF

AGRICULTURAL PRODUCTS

.

-HEAD-

CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF

AGRICULTURAL PRODUCTS

-MISC1-

Sec.

2301. Congressional findings and declaration of policy.

2302. Definitions.

2303. Prohibited practices.

2304. Disclaimer of intention to prohibit normal dealing.

2305. Enforcement provisions.

(a) Civil actions by persons aggrieved; preventive

relief; attorneys' fees; security.

(b) Civil actions by Attorney General; Federal

jurisdiction; complaint; preventive relief.

(c) Suits by persons injured; Federal jurisdiction;

amount of recovery; attorneys' fees; limitation

of actions.

(d) Federal jurisdiction; exhaustion of other

remedies; State laws and jurisdiction

unaffected.

2306. Separability.

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7 USC Sec. 2301 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF

AGRICULTURAL PRODUCTS

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Sec. 2301. Congressional findings and declaration of policy

-STATUTE-

Agricultural products are produced in the United States by many

individual farmers and ranchers scattered throughout the various

States of the Nation. Such products in fresh or processed form move

in large part in the channels of interstate and foreign commerce,

and such products which do not move in these channels directly

burden or affect interstate commerce. The efficient production and

marketing of agricultural products by farmers and ranchers is of

vital concern to their welfare and to the general economy of the

Nation. Because agricultural products are produced by numerous

individual farmers, the marketing and bargaining position of

individual farmers will be adversely affected unless they are free

to join together voluntarily in cooperative organizations as

authorized by law. Interference with this right is contrary to the

public interest and adversely affects the free and orderly flow of

goods in interstate and foreign commerce.

It is, therefore, declared to be the policy of Congress and the

purpose of this chapter to establish standards of fair practices

required of handlers in their dealings in agricultural products.

-SOURCE-

(Pub. L. 90-288, Sec. 2, Apr. 16, 1968, 82 Stat. 93.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 90-288 provided that: ''This Act (enacting

this chapter) shall be known as the 'Agricultural Fair Practices

Act of 1967'.''

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7 USC Sec. 2302 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF

AGRICULTURAL PRODUCTS

-HEAD-

Sec. 2302. Definitions

-STATUTE-

When used in this chapter -

(a) The term ''handler'' means any person engaged in the business

or practice of (1) acquiring agricultural products from producers

or associations of producers for processing or sale; or (2)

grading, packaging, handling, storing, or processing agricultural

products received from producers or associations of producers; or

(3) contracting or negotiating contracts or other arrangements,

written or oral, with or on behalf of producers or associations of

producers with respect to the production or marketing of any

agricultural product; or (4) acting as an agent or broker for a

handler in the performance of any function or act specified in

clause (1), (2), or (3) of this paragraph.

(b) The term ''producer'' means a person engaged in the

production of agricultural products as a farmer, planter, rancher,

dairyman, fruit, vegetable, or nut grower.

(c) The term ''association of producers'' means any association

of producers of agricultural products engaged in marketing,

bargaining, shipping, or processing as defined in section 1141j(a)

of title 12, or in section 291 of this title.

(d) The term ''person'' includes individuals, partnerships,

corporations, and associations.

(e) The term ''agricultural products'' shall not include cotton

or tobacco or their products.

-SOURCE-

(Pub. L. 90-288, Sec. 3, Apr. 16, 1968, 82 Stat. 94.)

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7 USC Sec. 2303 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF

AGRICULTURAL PRODUCTS

-HEAD-

Sec. 2303. Prohibited practices

-STATUTE-

It shall be unlawful for any handler knowingly to engage or

permit any employee or agent to engage in the following practices:

(a) To coerce any producer in the exercise of his right to join

and belong to or to refrain from joining or belonging to an

association of producers, or to refuse to deal with any producer

because of the exercise of his right to join and belong to such an

association; or

(b) To discriminate against any producer with respect to price,

quantity, quality, or other terms of purchase, acquisition, or

other handling of agricultural products because of his membership

in or contract with an association of producers; or

(c) To coerce or intimidate any producer to enter into, maintain,

breach, cancel, or terminate a membership agreement or marketing

contract with an association of producers or a contract with a

handler; or

(d) To pay or loan money, give any thing of value, or offer any

other inducement or reward to a producer for refusing to or ceasing

to belong to an association of producers; or

(e) To make false reports about the finances, management, or

activities of associations of producers or handlers; or

(f) To conspire, combine, agree, or arrange with any other person

to do, or aid or abet the doing of, any act made unlawful by this

chapter.

-SOURCE-

(Pub. L. 90-288, Sec. 4, Apr. 16, 1968, 82 Stat. 94.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2305 of this title.

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7 USC Sec. 2304 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF

AGRICULTURAL PRODUCTS

-HEAD-

Sec. 2304. Disclaimer of intention to prohibit normal dealing

-STATUTE-

Nothing in this chapter shall prevent handlers and producers from

selecting their customers and suppliers for any reason other than a

producer's membership in or contract with an association of

producers, nor require a handler to deal with an association of

producers.

-SOURCE-

(Pub. L. 90-288, Sec. 5, Apr. 16, 1968, 82 Stat. 95.)

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7 USC Sec. 2305 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF

AGRICULTURAL PRODUCTS

-HEAD-

Sec. 2305. Enforcement provisions

-STATUTE-

(a) Civil actions by persons aggrieved; preventive relief;

attorneys' fees; security

Whenever any handler has engaged or there are reasonable grounds

to believe that any handler is about to engage in any act or

practice prohibited by section 2303 of this title, a civil action

for preventive relief, including an application for a permanent or

temporary injunction, restraining order, or other order, may be

instituted by the person aggrieved. In any action commenced

pursuant hereto, the court, in its discretion, may allow the

prevailing party a reasonable attorney's fee as part of the costs.

The court may provide that no restraining order or preliminary

injunction shall issue except upon the giving of security by the

applicant, in such sum as the court deems proper, for the payment

of such costs and damages as may be incurred or suffered by any

party who is found to have been wrongfully enjoined or restrained.

(b) Civil actions by Attorney General; Federal jurisdiction;

complaint; preventive relief

Whenever the Secretary of Agriculture has reasonable cause to

believe that any handler, or group of handlers, has engaged in any

act or practice prohibited by section 2303 of this title, he may

request the Attorney General to bring civil action in his behalf in

the appropriate district court of the United States by filing with

it a complaint (1) setting forth facts pertaining to such act or

practice, and (2) requesting such preventive relief, including an

application for a permanent or temporary injunction, restraining

order, or other order against the handler, or handlers, responsible

for such acts or practices. Upon receipt of such request, the

Attorney General is authorized to file such complaint.

(c) Suits by persons injured; Federal jurisdiction; amount of

recovery; attorneys' fees; limitation of actions

Any person injured in his business or property by reason of any

violation of, or combination or conspiracy to violate, any

provision of section 2303 of this title may sue therefor in the

appropriate district court of the United States without respect to

the amount in controversy, and shall recover damages sustained. In

any action commenced pursuant to this subsection, the court may

allow the prevailing party a reasonable attorney's fee as a part of

the costs. Any action to enforce any cause of action under this

subsection shall be forever barred unless commenced within two

years after the cause of action accrued.

(d) Federal jurisdiction; exhaustion of other remedies; State laws

and jurisdiction unaffected

The district courts of the United States shall have jurisdiction

of proceedings instituted pursuant to this section and shall

exercise the same without regard to whether the aggrieved party

shall have exhausted any administrative or other remedies that may

be provided by law.

The provisions of this chapter shall not be construed to change

or modify existing State law nor to deprive the proper State courts

of jurisdiction.

-SOURCE-

(Pub. L. 90-288, Sec. 6, Apr. 16, 1968, 82 Stat. 95.)

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7 USC Sec. 2306 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 56 - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF

AGRICULTURAL PRODUCTS

-HEAD-

Sec. 2306. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, the validity of the

remainder of the chapter and of the application of such provision

to other persons and circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 90-288, Sec. 7, Apr. 16, 1968, 82 Stat. 95.)

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