2008—Subsec. (a). Pub. L. 110–246 inserted “(including commodities that are organically produced (as defined in section 6502 of this title))” after “agricultural commodities”.
1996—Pub. L. 104–127, § 244(a)(1)(A), substituted “access” for “promotion” in section catchline.
Subsecs. (e)(2)(B), (f)(2)(B), (C). Pub. L. 104–127, § 244(a)(1)(B), substituted “market access program” for “marketing promotion program”.
Subsec. (f)(4). Pub. L. 104–127, § 244(b), added par. (4).
1994—Subsec. (c). Pub. L. 103–465, § 411(d)(1), struck out par. (1) designation and heading, redesignated subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, and realigned margins, and struck out former par. (2) which related to assistance to counter or offset adverse effects of subsidy, import quota, or other unfair trade practice of foreign country, except in the case of activities conducted by small entities operating through regional State-related organizations.
Subsec. (f)(2)(C) to (E). Pub. L. 103–465, § 411(d)(2), inserted “or” at end of subpar. (C), redesignated subpar. (E) as (D), and struck out former subpar. (D) which read as follows: “the unfair trade practice that was the basis of the provision of assistance has been discontinued and marketing assistance is no longer required to offset its effects; or”.
1993—Subsec. (c)(2). Pub. L. 103–66 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall provide export assistance under this section on a priority basis in the case of an unfair trade practice.”
1991—Subsec. (g)(3). Pub. L. 102–237 substituted “November 28, 1990,” for “the date of enactment of this Act”.
Prohibition on Assistance to Mink Associations
Pub. L. 105–277, div. A, § 101(a) [title VII, § 718], Oct. 21, 1998, 112 Stat. 2681, 2681–27, as amended by Pub. L. 106–31, title V, § 5001(b), May 21, 1999, 113 Stat. 109, provided that:
“Hereafter, none of the funds made available in annual appropriations Acts
may be used to provide assistance to, or to pay the salaries of personnel to carry out a market
access program pursuant to section 203 of the Agricultural Trade Act of 1978
(7 U.S.C. 5623
) that provides assistance to the United States
Mink Export Development Council or any mink industry trade association.”
Secretarial Actions To Achieve Savings in Market Access Program; Regulations
Pub. L. 103–66, title I, § 1302(b), (c), Aug. 10, 1993, 107 Stat. 330, 331, as amended by Pub. L. 104–127, title II, § 244(a)(2)(A)(ii), Apr. 4, 1996, 110 Stat. 968, provided that:
“(b)Secretarial Actions To Achieve Savings.—In order to enable the Secretary of Agriculture to achieve the savings required in the market access program established by section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) as a result of the amendments made by this section [amending this section and section 5641 of this title]:
“(1)Unfair trade practices.—
[Amended subsec. (c)(2) of this section.]
“(2)Guidelines.—The Secretary of Agriculture should implement changes in the market access program established by section 203 of such Act, beginning with fiscal year 1994, in order to improve the effectiveness of the program and to meet the following objectives:
In providing assistance for branded promotion, the Secretary
should give priority to small-sized entities.
should not provide assistance under the program to promote a specific branded product
in a single market
for more than 5 years unless the Secretary
determines that further assistance is necessary in order to meet the objectives of the program.
“(C) Contribution level.—
should require a minimum contribution level of 10 percent from an eligible trade organization that receives assistance for nonbranded promotion.
“(ii)Increases in contribution level.—
may increase the contribution level in any subsequent year that an eligible trade organization receives assistance for nonbranded promotion.
should require each participant in the program to certify that any Federal funds received supplement, but do not supplant, private or third party participant funds or other contributions to program activities.
If as a result of an evaluation or audit of activities of a participant under the program, the Secretary
determines that a further review is justified in order to ensure compliance with the requirements of the program, the Secretary
should require the participant to contract for an independent audit of the program activities, including activities of any subcontractor.
No funds made available under the market
access program may be used for activities to develop, maintain, or expand foreign markets
Not later than 90 days after the date of enactment of this Act
[Aug. 10, 1993
], the Secretary
of Agriculture shall issue regulations to implement this section [amending this section and section 5641 of this title
] and the amendments made by this section.”