§ 499b-1. — Products produced in distinct geographic areas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC499b-1]
TITLE 7--AGRICULTURE
CHAPTER 20A--PERISHABLE AGRICULTURAL COMMODITIES
Sec. 499b-1. Products produced in distinct geographic areas
(a) In general
In the case of a perishable agricultural commodity (as defined under
the Perishable Agricultural Commodity Act (7 U.S.C. 499a(4))-- \1\
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\1\ See References in Text note below.
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(1) subject to a Federal marketing order under the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.);
(2) traditionally identified as being produced in a distinct
geographic area, State, or region; and
(3) the unique identity, based on such distinct geographic area,
of which has been promoted with funds collected through producer
contributions pursuant to such marketing order,
no person may use the unique name or geographical designation of such
commodity to promote the sale of a similar commodity produced outside
such area, State, or region.
(b) Penalties
A violation of this section shall be considered a violation of
paragraphs (4) and (5) of section 2 of the Perishable Agricultural
Commodities Act (7 U.S.C. 499b(4) and (5)).
(c) Reimbursement
A person bringing a complaint under this section shall reimburse the
Secretary of Agriculture for any and all costs associated with the
enforcement of this section.
(d) Prohibition
The Secretary of Agriculture shall not increase any fees charged
under the Perishable Agricultural Commodities Act [7 U.S.C. 499a et
seq.] to offset costs associated with the operation of this section.
(e) Regulations
The Secretary shall promulgate regulations to carry out this
section.
(Pub. L. 101-624, title XIII, Sec. 1309, Nov. 28, 1990, 104 Stat. 3562.)
References in Text
The Perishable Agricultural Commodity Act, and the Perishable
Agricultural Commodities Act, referred to in subsecs. (a), (b), and (d),
probably mean the Perishable Agricultural Commodities Act, 1930, act
June 10, 1930, ch. 436, 46 Stat. 531, as amended, which is classified
generally to this chapter (Sec. 499a et seq.). For complete
classification of this Act to the Code, see section 499a(a) of this
title and Tables.
7 U.S.C. 499a(4), referred to in subsec. (a), was redesignated 7
U.S.C. 499a(b)(4) by Pub. L. 102-237, title X, Sec. 1011(1)(A), Dec. 13,
1991, 105 Stat. 1898.
The Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.), referred to in subsec. (a)(1), is act June 3, 1937, ch. 296, 50
Stat. 246, as amended, which is classified principally to chapter 26A
(Sec. 671 et seq.) of this title. For complete classification of this
Act to the Code, see section 674 of this title and Tables. The
Agricultural Marketing Agreement Act of 1937 reenacted and amended the
Agricultural Adjustment Act, title I of act May 12, 1933, ch. 25, 48
Stat. 31, as amended, which is classified generally to chapter 26
(Sec. 601 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 601 of this
title and Tables.
Codification
Section was enacted as part of the Food, Agriculture, Conservation,
and Trade Act of 1990, and not as part of the Perishable Agricultural
Commodities Act, 1930 which comprises this chapter.
