7 USC § 608b - Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements | Title 7 - Agriculture | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) In order to effectuate the declared policy of this chapter, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful: Provided, That no such agreement shall remain in force after the termination of this chapter.

(b)

(1) If an agreement with the Secretary is in effect with respect to peanuts pursuant to this section—

(A) all peanuts handled by persons who have not entered into such an agreement with the Secretary shall be subject to inspection to the same extent and manner as is required by such agreement;

(B) no such peanuts shall be sold or otherwise disposed of for human consumption if such peanuts fail to meet the quality requirements of such agreement; and

(C) any assessment (except with respect to any assessment for the indemnification of losses on rejected peanuts) imposed under the agreement shall—

(i) apply to peanut handlers (as defined by the Secretary) who have not entered into such an agreement with the Secretary in addition to those handlers who have entered into the agreement; and

(ii) be paid to the Secretary.

(2) Violation of this subsection by a person who has not entered into such an agreement shall result in the assessment by the Secretary of a penalty equal to 140 percent of the support price for quota peanuts multiplied by the quantity of peanuts sold or disposed of in violation of subsection (b)(1)(B) of this section, as determined under section 1445c–3 ^[1] of this title, for the marketing year for the crop with respect to which such violation occurs.

[1] See References in Text note below.

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(a) In order to effectuate the declared policy of this chapter, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful: Provided, That no such agreement shall remain in force after the termination of this chapter.

(b)

(1) If an agreement with the Secretary is in effect with respect to peanuts pursuant to this section—

(A) all peanuts handled by persons who have not entered into such an agreement with the Secretary shall be subject to inspection to the same extent and manner as is required by such agreement;

(B) no such peanuts shall be sold or otherwise disposed of for human consumption if such peanuts fail to meet the quality requirements of such agreement; and

(C) any assessment (except with respect to any assessment for the indemnification of losses on rejected peanuts) imposed under the agreement shall—

(i) apply to peanut handlers (as defined by the Secretary) who have not entered into such an agreement with the Secretary in addition to those handlers who have entered into the agreement; and

(ii) be paid to the Secretary.

(2) Violation of this subsection by a person who has not entered into such an agreement shall result in the assessment by the Secretary of a penalty equal to 140 percent of the support price for quota peanuts multiplied by the quantity of peanuts sold or disposed of in violation of subsection (b)(1)(B) of this section, as determined under section 1445c–3 ^[1] of this title, for the marketing year for the crop with respect to which such violation occurs.

[1] See References in Text note below.

Source

(May 12, 1933, ch. 25, title I, § 8b, formerly § 8(2),48 Stat. 34; Apr. 7, 1934, ch. 103, § 7,48 Stat. 528; renumbered and amended Aug. 24, 1935, ch. 641, § 4,49 Stat. 753; June 3, 1937, ch. 296, § 1,50 Stat. 246; June 30, 1947, ch. 166, title II, § 206(d),61 Stat. 208; Pub. L. 101–220, § 4,Dec. 12, 1989, 103 Stat. 1878; Pub. L. 102–237, title I, § 115(1),Dec. 13, 1991, 105 Stat. 1840; Pub. L. 103–66, title I, § 1109(b),Aug. 10, 1993, 107 Stat. 326.)

References in Text

Section 1445c–3 of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 104–127, title I, § 171(b)(2)(E),Apr. 4, 1996, 110 Stat. 938.

Codification

The provisions appearing in subsec. (a) of this section except the first sentence, were originally enacted as part of section 8(2) of act May 12, 1933, and formerly appeared as section 608 (2) of this title.

Amendments

1993—Subsec. (b)(1)(C). Pub. L. 103–66added subpar. (C).

1991—Subsec. (b)(2). Pub. L. 102–237made technical amendment to reference to section 1445c–3 of this title involving corresponding provisions of original Act.

1989—Pub. L. 101–220designated existing provisions as subsec. (a) and added subsec. (b).

1947—Act June 30, 1947, repealed provisions providing for loans from Reconstruction Finance Corporation.

1935—Act Aug. 24, 1935, designated subsection 2 ofsection 8 of act May 12, 1933, as section 8b and amended first sentence generally.

1934—Act Apr. 7, 1934, empowered Secretary of Agriculture to enter into marketing agreements with individual producers.

Effective Date of 1989 Amendment

Section 4(c) ofPub. L. 101–220provided that: “The amendment made by this section [amending this section] shall be effective with respect to the 1990 and subsequent crops of peanuts.”

Validity of Section Affirmed

Act June 3, 1937, affirmed and validated, and reenacted without change the provisions of this section. See note set out under section 601 of this title.

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The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

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7 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

7 CFR - Agriculture

7 CFR Part 900 - GENERAL REGULATIONS

7 CFR Part 905 - ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA

7 CFR Part 906 - ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS

7 CFR Part 915 - AVOCADOS GROWN IN SOUTH FLORIDA

7 CFR Part 916 - NECTARINES GROWN IN CALIFORNIA

7 CFR Part 917 - FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

7 CFR Part 920 - KIWIFRUIT GROWN IN CALIFORNIA

7 CFR Part 922 - APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON

7 CFR Part 923 - SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON

7 CFR Part 924 - FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON AND IN UMATILLA COUNTY, OREGON

7 CFR Part 925 - GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA

7 CFR Part 926 - DATA COLLECTION, REPORTING AND RECORDKEEPING REQUIREMENTS APPLICABLE TO CRANBERRIES NOT SUBJECT TO THE CRANBERRY MARKETING ORDER

7 CFR Part 927 - PEARS GROWN IN OREGON AND WASHINGTON

7 CFR Part 929 - CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND, CONNECTICUT, NEW JERSEY, WISCONSIN, MICHIGAN, MINNESOTA, OREGON, WASHINGTON, AND LONG ISLAND IN THE STATE OF NEW YORK

7 CFR Part 930 - TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN

7 CFR Part 932 - OLIVES GROWN IN CALIFORNIA

7 CFR Part 944 - FRUITS; IMPORT REGULATIONS

7 CFR Part 945 - IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON

7 CFR Part 946 - IRISH POTATOES GROWN IN WASHINGTON

7 CFR Part 947 - IRISH POTATOES GROWN IN MODOC AND SISKIYOU COUNTIES, CALIF., AND IN ALL COUNTIES IN OREGON, EXCEPT MALHEUR COUNTY

7 CFR Part 948 - IRISH POTATOES GROWN IN COLORADO

7 CFR Part 953 - IRISH POTATOES GROWN IN SOUTHEASTERN STATES

7 CFR Part 955 - VIDALIA ONIONS GROWN IN GEORGIA

7 CFR Part 956 - SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST WASHINGTON AND NORTHEAST OREGON

7 CFR Part 958 - ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON

7 CFR Part 959 - ONIONS GROWN IN SOUTH TEXAS

7 CFR Part 966 - TOMATOES GROWN IN FLORIDA

7 CFR Part 980 - VEGETABLES; IMPORT REGULATIONS

7 CFR Part 981 - ALMONDS GROWN IN CALIFORNIA

7 CFR Part 982 - HAZELNUTS GROWN IN OREGON AND WASHINGTON

7 CFR Part 983 - PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, AND NEW MEXICO

7 CFR Part 984 - WALNUTS GROWN IN CALIFORNIA

7 CFR Part 985 - MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL PRODUCED IN THE FAR WEST

7 CFR Part 987 - DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA

7 CFR Part 989 - RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA

7 CFR Part 993 - DRIED PRUNES PRODUCED IN CALIFORNIA

7 CFR Part 999 - SPECIALTY CROPS; IMPORT REGULATIONS

7 CFR Part 1000 - GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS

7 CFR Part 1001 - MILK IN THE NORTHEAST MARKETING AREA

7 CFR Part 1005 - MILK IN THE APPALACHIAN MARKETING AREA

7 CFR Part 1006 - MILK IN THE FLORIDA MARKETING AREA

7 CFR Part 1007 - MILK IN THE SOUTHEAST MARKETING AREA

7 CFR Part 1030 - MILK IN THE UPPER MIDWEST MARKETING AREA

7 CFR Part 1032 - MILK IN THE CENTRAL MARKETING AREA

7 CFR Part 1033 - MILK IN THE MIDEAST MARKETING AREA

7 CFR 1046

7 CFR Part 1124 - MILK IN THE PACIFIC NORTHWEST MARKETING AREA

7 CFR Part 1126 - MILK IN THE SOUTHWEST MARKETING AREA

7 CFR Part 1131 - MILK IN THE ARIZONA MARKETING AREA

7 CFR Part 1135 - MILK IN THE WESTERN MARKETING AREA

7 USC § 608b - Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements

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