§ 608b. — Marketing agreements; exemption from antitrust laws; inspection requirements for handlers not subject to agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC608b]
TITLE 7--AGRICULTURE
CHAPTER 26--AGRICULTURAL ADJUSTMENT
SUBCHAPTER III--COMMODITY BENEFITS
Sec. 608b. Marketing agreements; exemption from anti-trust laws;
inspection requirements for handlers not subject to agreements
(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.
---------------------------------------------------------------------------
(May 12, 1933, ch. 25, title I, Sec. 8b, formerly Sec. 8(2), 48 Stat.
34; Apr. 7, 1934, ch. 103, Sec. 7, 48 Stat. 528; renumbered and amended
Aug. 24, 1935, ch. 641, Sec. 4, 49 Stat. 753; June 3, 1937, ch. 296,
Sec. 1, 50 Stat. 246; June 30, 1947, ch. 166, title II, Sec. 206(d), 61
Stat. 208; Pub. L. 101-220, Sec. 4, Dec. 12, 1989, 103 Stat. 1878; Pub.
L. 102-237, title I, Sec. 115(1), Dec. 13, 1991, 105 Stat. 1840; Pub. L.
103-66, title I, Sec. 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, Sec. 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. 103-66 added subpar. (C).
1991--Subsec. (b)(2). Pub. L. 102-237 made technical amendment to
reference to section 1445c-3 of this title involving corresponding
provisions of original Act.
1989--Pub. L. 101-220 designated 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 of section 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) of Pub. L. 101-220 provided 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.
Section Referred to in Other Sections
This section is referred to in sections 608c, 672, 673, 1392 of this
title; title 12 section 1150a.
