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7 USC CHAPTER 63 - FARMER-TO-CONSUMER DIRECT MARKETING 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 63 - FARMER-TO-CONSUMER DIRECT MARKETING

.

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CHAPTER 63 - FARMER-TO-CONSUMER DIRECT MARKETING

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Sec.

3001. Congressional statement of purpose.

3002. Definitions.

3003. Survey.

3004. Direct marketing assistance within the States.

(a) In general.

(b) Development of farmers' markets.

(c) Consideration of consumer preferences.

3005. Farmers' Market Promotion Program.

(a) Establishment.

(b) Program purposes.

(c) Eligible entities.

(d) Criteria and guidelines.

(e) Authorization of appropriations.

3006. Authorization of appropriations.

3007. Seniors farmers' market nutrition program.

(a) Establishment.

(b) Program purposes.

(c) Regulations.

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7 USC Sec. 3001 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 63 - FARMER-TO-CONSUMER DIRECT MARKETING

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Sec. 3001. Congressional statement of purpose

-STATUTE-

It is the purpose of this chapter to promote, through appropriate

means and on an economically sustainable basis, the development and

expansion of direct marketing of agricultural commodities from

farmers to consumers. To accomplish this objective, the Secretary

of Agriculture (hereinafter referred to as the ''Secretary'') shall

initiate and coordinate a program designed to facilitate direct

marketing from farmers to consumers for the mutual benefit of

consumers and farmers.

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(Pub. L. 94-463, Sec. 2, Oct. 8, 1976, 90 Stat. 1982.)

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SHORT TITLE

Section 1 of Pub. L. 94-463 provided: ''That this Act (enacting

this chapter and provisions set out as a note under section 5145 of

Title 42, The Public Health and Welfare) may be cited as the

'Farmer-to-Consumer Direct Marketing Act of 1976'.''

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7 USC Sec. 3002 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 63 - FARMER-TO-CONSUMER DIRECT MARKETING

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Sec. 3002. Definitions

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For purposes of this chapter, the term ''direct marketing from

farmers to consumers'' shall mean the marketing of agricultural

commodities at any marketplace (including, but not limited to,

roadside stands, city markets, and vehicles used for house-to-house

marketing of agricultural commodities) established and maintained

for the purpose of enabling farmers to sell (either individually or

through a farmers' organization directly representing the farmers

who produced the commodities being sold) their agricultural

commodities directly to individual consumers, or organizations

representing consumers, in a manner calculated to lower the cost

and increase the quality of food to such consumers while providing

increased financial returns to the farmers.

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(Pub. L. 94-463, Sec. 3, Oct. 8, 1976, 90 Stat. 1982.)

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7 USC Sec. 3003 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 63 - FARMER-TO-CONSUMER DIRECT MARKETING

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Sec. 3003. Survey

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The Secretary shall provide, through the Economic Research

Service of the United States Department of Agriculture, or whatever

agency or agencies the Secretary considers appropriate, an annual

survey of existing methods of direct marketing from farmers to

consumers in each State.

-SOURCE-

(Pub. L. 94-463, Sec. 4, Oct. 8, 1976, 90 Stat. 1982; Pub. L.

107-171, title X, Sec. 10605(b)(1), May 13, 2002, 116 Stat. 513.)

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AMENDMENTS

2002 - Pub. L. 107-171 substituted ''an annual survey'' for ''a

continuing survey'' and struck out at end ''The initial survey,

which shall be completed no later than one year following October

8, 1976, shall include the number of types of such marketing

methods in existence, the volume of business conducted through each

such marketing method, and the impact of such marketing methods

upon financial returns to farmers (including their impact upon

improving the economic viability of small farmers) and food quality

and costs to consumers.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3006 of this title.

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7 USC Sec. 3004 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 63 - FARMER-TO-CONSUMER DIRECT MARKETING

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Sec. 3004. Direct marketing assistance within the States

-STATUTE-

(a) In general

In order to promote the establishment and operation of direct

marketing from farmers to consumers, the Secretary shall provide

that funds appropriated to carry out this section be utilized by

State departments of agriculture and the Secretary for the purpose

of conducting or facilitating activities which will initiate,

encourage, develop, or coordinate methods of direct marketing from

farmers to consumers within or among the States. Such funds shall

be allocated to a State on the basis of the feasibility of direct

marketing from farmers to consumers within that State as compared

to other States and shall be allocated within a State to the State

department of agriculture and to the Secretary on the basis of the

types of activities which are needed in the State, as determined by

the Secretary. The activities shall include, but shall not be

limited to -

(1) sponsoring conferences which are designed to facilitate the

sharing of information (among farm producers, consumers, and

other interested persons or groups) concerning the establishment

and operation of direct marketing from farmers to consumers;

(2) compiling laws and regulations relevant to the conduct of

the various methods of such direct marketing within the State,

formulating drafts and enabling legislation needed to facilitate

such direct marketing, determining feasible locations for

additional facilities for such direct marketing, and preparing

and disseminating practical information on the establishment and

operation of such direct marketing; and

(3) providing technical assistance for the purpose of aiding

interested individuals or groups in the establishment of

arrangements for direct marketing from farmers to consumers.

(b) Development of farmers' markets

The Secretary shall -

(1) work with the Governor of a State, and a State agency

designated by the Governor, to develop programs to train managers

of farmers' markets;

(2) develop opportunities to share information among managers

of farmers' markets;

(3) establish a program to train cooperative extension service

employees in the development of direct marketing techniques; and

(4) work with producers to develop farmers' markets.

(c) Consideration of consumer preferences

In the implementation of this section, the Secretary shall take

into account consumer preferences and needs which may bear upon the

establishment and operation of arrangements for direct marketing

from farmers to consumers.

-SOURCE-

(Pub. L. 94-463, Sec. 5, Oct. 8, 1976, 90 Stat. 1982; Pub. L.

107-171, title X, Sec. 10605(b)(2), May 13, 2002, 116 Stat. 513.)

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AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171, Sec. 10605(b)(2)(A),

substituted ''Secretary for the purpose'' for ''Extension Service

of the United States Department of Agriculture for the purpose'',

''Secretary on the basis'' for ''Extension Service on the basis'',

and '', as determined by the Secretary'' for ''and on the basis of

which of these two agencies, or combination thereof, can best

perform these activities''.

Subsecs. (b), (c). Pub. L. 107-171, Sec. 10605(b)(2)(B), (C),

added subsec. (b) and redesignated former subsec. (b) as (c).

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3006 of this title.

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7 USC Sec. 3005 01/06/03

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Sec. 3005. Farmers' Market Promotion Program

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(a) Establishment

The Secretary shall carry out a program, to be known as the

''Farmers' Market Promotion Program'' (referred to in this section

as the ''Program''), to make grants to eligible entities for

projects to establish, expand, and promote farmers' markets.

(b) Program purposes

(1) In general

The purposes of the Program are -

(A) to increase domestic consumption of agricultural

commodities by improving and expanding, or assisting in the

improvement and expansion of, domestic farmers' markets,

roadside stands, community-supported agriculture programs, and

other direct producer-to-consumer market opportunities; and

(B) to develop, or aid in the development of, new farmers'

markets, roadside stands, community-supported agriculture

programs, and other direct producer-to-consumer infrastructure.

(2) Limitations

An eligible entity may not use a grant or other assistance

provided under the Program for the purchase, construction, or

rehabilitation of a building or structure.

(c) Eligible entities

An entity shall be eligible to receive a grant under the Program

if the entity is -

(1) an agricultural cooperative;

(2) a local government;

(3) a nonprofit corporation;

(4) a public benefit corporation;

(5) an economic development corporation;

(6) a regional farmers' market authority; or

(7) such other entity as the Secretary may designate.

(d) Criteria and guidelines

The Secretary shall establish criteria and guidelines for the

submission, evaluation, and funding of proposed projects under the

Program.

(e) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out this section for each of fiscal years 2002

through 2007.

-SOURCE-

(Pub. L. 94-463, Sec. 6, as added Pub. L. 107-171, title X, Sec.

10605(a), May 13, 2002, 116 Stat. 513.)

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PRIOR PROVISIONS

A prior section 3005, Pub. L. 94-463, Sec. 6, Oct. 8, 1976, 90

Stat. 1983; Pub. L. 103-437, Sec. 4(a)(8), Nov. 2, 1994, 108 Stat.

4582, related to review of activities by Secretary and annual

report to Congress, prior to repeal by Pub. L. 105-362, title I,

Sec. 101(d)(1), Nov. 10, 1998, 112 Stat. 3281.

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7 USC Sec. 3006 01/06/03

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Sec. 3006. Authorization of appropriations

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(a) For purposes of carrying out section 3003 of this title,

there are authorized to be appropriated such sums as are necessary.

(b) For purposes of carrying out the provisions of section 3004

of this title, there is authorized to be appropriated $1,500,000

for each of the fiscal years ending September 30, 1977, and

September 30, 1978.

-SOURCE-

(Pub. L. 94-463, Sec. 7, Oct. 8, 1976, 90 Stat. 1983; Pub. L.

105-362, title I, Sec. 101(d)(2), Nov. 10, 1998, 112 Stat. 3281.)

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AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-362 substituted ''section 3003''

for ''the provisions of sections 3003 and 3005''.

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7 USC Sec. 3007 01/06/03

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CHAPTER 63 - FARMER-TO-CONSUMER DIRECT MARKETING

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Sec. 3007. Seniors farmers' market nutrition program

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(a) Establishment

The Secretary of Agriculture shall use $5,000,000 for fiscal year

2002, and $15,000,000 for each of fiscal years 2003 through 2007,

of the funds available to the Commodity Credit Corporation to carry

out and expand a seniors farmers' market nutrition program.

(b) Program purposes

The purposes of the seniors farmers' market nutrition program are

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(1) to provide resources in the form of fresh, nutritious,

unprepared, locally grown fruits, vegetables, and herbs from

farmers' markets, roadside stands, and community supported

agriculture programs to low-income seniors;

(2) to increase the domestic consumption of agricultural

commodities by expanding or aiding in the expansion of domestic

farmers' markets, roadside stands, and community supported

agriculture programs; and

(3) to develop or aid in the development of new and additional

farmers' markets, roadside stands, and community supported

agriculture programs.

(c) Regulations

The Secretary may issue such regulations as the Secretary

considers necessary to carry out the seniors farmers' market

nutrition program.

-SOURCE-

(Pub. L. 107-171, title IV, Sec. 4402, May 13, 2002, 116 Stat.

334.)

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CODIFICATION

Section was enacted as part of the Food Stamp Reauthorization Act

of 2002 and also as part of the Farm Security and Rural Investment

Act of 2002, and not as part of the Farmer-to-Consumer Direct

Marketing Act of 1976 which comprises this chapter.

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EFFECTIVE DATE

Section effective Oct. 1, 2002, except as otherwise provided, see

section 4405 of Pub. L. 107-171, set out as a note under section

1161 of Title 2, The Congress.

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