§ 608c. — Orders regulating handling of commodity.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC608c]
TITLE 7--AGRICULTURE
CHAPTER 26--AGRICULTURAL ADJUSTMENT
SUBCHAPTER III--COMMODITY BENEFITS
Sec. 608c. Orders regulating handling of commodity
(1) Issuance by Secretary
The Secretary of Agriculture shall, subject to the provisions of
this section, issue, and from time to time amend, orders applicable to
processors, associations of producers, and others engaged in the
handling of any agricultural commodity or product thereof specified in
subsection (2) of this section. Such persons are referred to in this
chapter as ``handlers.'' Such orders shall regulate, in the manner
hereinafter in this section provided, only such handling of such
agricultural commodity, or product thereof, 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. In carrying out this section, the Secretary shall complete all
informal rulemaking actions necessary to respond to recommendations
submitted by administrative committees for such orders as expeditiously
as possible, but not more than 45 days (to the extent practicable) after
submission of the committee recommendations. The Secretary is authorized
to implement a producer allotment program and a handler withholding
program under the cranberry marketing order in the same crop year
through informal rulemaking based on a recommendation and supporting
economic analysis submitted by the Cranberry Marketing Committee. Such
recommendation and analysis shall be submitted by the Committee no later
than March 1 of each year. The Secretary shall establish time frames for
each office and agency within the Department of Agriculture to consider
the committee recommendations.
(2) Commodities to which applicable; single commodities and separate
agricultural commodities
Orders issued pursuant to this section shall be applicable only to
(A) the following agricultural commodities and the products thereof
(except canned or frozen pears, grapefruit, cherries, apples, or
cranberries, the products of naval stores, and the products of
honeybees), or to any regional, or market classification of any such
commodity or product: Milk, fruits (including filberts, almonds, pecans,
and walnuts but not including apples, other than apples produced in the
States of Washington, Oregon, Idaho, New York, Michigan, Maryland, New
Jersey, Indiana, California, Maine, Vermont, New Hampshire, Rhode
Island, Massachusetts, Connecticut, Colorado, Utah, New Mexico,
Illinois, and Ohio, and not including fruits for canning or freezing
other than pears, olives, grapefruit, cherries, caneberries (including
raspberries, blackberries, and loganberries), cranberries, and apples
produced in the States named above except Washington, Oregon, and
Idaho), tobacco, vegetables (not including vegetables, other than
asparagus, for canning or freezing and not including potatoes for
canning, freezing, or other processing), hops, honeybees, and naval
stores as included in the Naval Stores Act [7 U.S.C. 91 et seq.] and
standards established thereunder (including refined or partially refined
oleoresin): Provided, That no order issued pursuant to this section
shall be effective as to any grapefruit for canning or freezing unless
the Secretary of Agriculture determines, in addition to other findings
and determinations required by this chapter, that the issuance of such
order is approved or favored by the processors who, during a
representative period determined by the Secretary, have been engaged in
canning or freezing such commodity for market and have canned or frozen
for market more than 50 per centum of the total volume of such commodity
canned or frozen for market during such representative period; and (B)
any agricultural commodity (except honey, cotton, rice, wheat, corn,
grain sorghums, oats, barley, rye, sugarcane, sugarbeets, wool, mohair,
livestock, soybeans, cottonseed, flaxseed, poultry (but not excepting
turkeys and not excepting poultry which produce commercial eggs), fruits
and vegetables for canning or freezing, including potatoes for canning,
freezing, or other processing \1\ and apples), or any regional or market
classification thereof, not subject to orders under (A) of this
subdivision, but not the products (including canned or frozen
commodities or products) thereof. No order issued pursuant to this
section shall be effective as to cherries, apples, or cranberries for
canning or freezing unless the Secretary of Agriculture determines, in
addition to other required findings and determinations, that the
issuance of such order is approved or favored by processors who, during
a representative period determined by the Secretary, have engaged in
canning or freezing such commodity for market and have frozen or canned
more than 50 per centum of the total volume of the commodity to be
regulated which was canned or frozen within the production area, or
marketed within the marketing area, defined in such order, during such
representative period. No order issued pursuant to this section shall be
applicable to peanuts produced in more than one of the following
production areas: the Virginia-Carolina production area, the Southeast
production area, and the Southwest production area. If the Secretary
determines that the declared policy of this chapter will be better
achieved thereby (i) the commodities of the same general class and used
wholly or in part for the same purposes may be combined and treated as a
single commodity and (ii) the portion of an agricultural commodity
devoted to or marketed for a particular use or combination of uses, may
be treated as a separate agricultural commodity. All agricultural
commodities and products covered hereby shall be deemed specified herein
for the purposes of subsections (6) and (7) of this section.
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\1\ So in original. Probably should be followed by a comma.
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(3) Notice and hearing
Whenever the Secretary of Agriculture has reason to believe that the
issuance of an order will tend to effectuate the declared policy of this
chapter with respect to any commodity or product thereof specified in
subsection (2) of this section, he shall give due notice of and an
opportunity for a hearing upon a proposed order.
(4) Finding and issuance of order
After such notice and opportunity for hearing, the Secretary of
Agriculture shall issue an order if he finds, and sets forth in such
order, upon the evidence introduced at such hearing (in addition to such
other findings as may be specifically required by this section) that the
issuance of such order and all of the terms and conditions thereof will
tend to effectuate the declared policy of this chapter with respect to
such commodity.
(5) Milk and its products; terms and conditions of orders
In the case of milk and its products, orders issued pursuant to this
section shall contain one or more of the following terms and conditions,
and (except as provided in subsection (7) of this section) no others:
(A) Classifying milk in accordance with the form in which or the
purpose for which it is used, and fixing, or providing a method for
fixing, minimum prices for each such use classification which all
handlers shall pay, and the time when payments shall be made, for milk
purchased from producers or associations of producers. Such prices shall
be uniform as to all handlers, subject only to adjustments for (1)
volume, market, and production differentials customarily applied by the
handlers subject to such order, (2) the grade or quality of the milk
purchased, and (3) the locations at which delivery of such milk, or any
use classification thereof, is made to such handlers. Throughout the 2-
year period beginning on the effective date of this sentence (and
subsequent to such 2-year period unless modified by amendment to the
order involved), the minimum aggregate amount of the adjustments, under
clauses (1) and (2) of the preceding sentence, to prices for milk of the
highest use classification under orders that are in effect under this
section on December 23, 1985, shall be as follows:
Minimum Aggregate Dollar
Amount of Such Adjustments
Marketing Area Per Hundredweight of Milk
Subject to Order Having 3.5 Percent Milkfat
New England......................... $3.24
New York-New Jersey................. 3.14
Middle Atlantic..................... 3.03
Georgia............................. 3.08
Alabama-West Florida................ 3.08
Upper Florida....................... 3.58
Tampa Bay........................... 3.88
Southeastern Florida................ 4.18
Michigan Upper Peninsula............ 1.35
Southern Michigan................... 1.75
Eastern Ohio-Western Pennsylvania... 1.95
Ohio Valley......................... 2.04
Indiana............................. 2.00
Chicago Regional.................... 1.40
Central Illinois.................... 1.61
Southern Illinois................... 1.92
Louisville-Lexington-Evansville..... 2.11
Upper Midwest....................... 1.20
Eastern South Dakota................ 1.50
Black Hills, South Dakota........... 2.05
Iowa................................ 1.55
Nebraska-Western Iowa............... 1.75
Greater Kansas City................. 1.92
Tennessee Valley.................... 2.77
Nashville, Tennessee................ 2.52
Paducah, Kentucky................... 2.39
Memphis, Tennessee.................. 2.77
Central Arkansas.................... 2.77
Fort Smith, Arkansas................ 2.77
Southwest Plains.................... 2.77
Texas Panhandle..................... 2.49
Lubbock-Plainview, Texas............ 2.49
Texas............................... 3.28
Greater Louisiana................... 3.28
New Orleans-Mississippi............. 3.85
Eastern Colorado.................... 2.73
Western Colorado.................... 2.00
Southwestern Idaho-Eastern Oregon... 1.50
Great Basin......................... 1.90
Lake Mead........................... 1.60
Central Arizona..................... 2.52
Rio Grande Valley................... 2.35
Puget Sound-Inland.................. 1.85
Oregon-Washington................... 1.95
Effective at the beginning of such two-year period, the minimum prices
for milk of the highest use classification shall be adjusted for the
locations at which delivery of such milk is made to such handlers.
(B) Providing:
(i) for the payment to all producers and associations of
producers delivering milk to the same handler of uniform prices for
all milk delivered by them: Provided, That, except in the case of
orders covering milk products only, such provision is approved or
favored by at least three-fourths of the producers who, during a
representative period determined by the Secretary of Agriculture,
have been engaged in the production for market of milk covered in
such order or by producers who, during such representative period,
have produced at least three-fourths of the volume of such milk
produced for market during such period; the approval required
hereunder shall be separate and apart from any other approval or
disapproval provided for by this section; or
(ii) for the payment to all producers and associations of
producers delivering milk to all handlers of uniform prices for all
milk so delivered, irrespective of the uses made of such milk by the
individual handler to whom it is delivered;
subject, in either case, only to adjustments for (a) volume, market, and
production differentials customarily applied by the handlers subject to
such order, (b) the grade or quality of the milk delivered, (c) the
locations at which delivery of such milk is made, (d) a further
adjustment to encourage seasonal adjustments in the production of milk
through equitable apportionment of the total value of the milk purchased
by any handler, or by all handlers, among producers on the basis of
their marketings of milk during a representative period of time, which
need not be limited to one year, (e) a provision providing for the
accumulation and disbursement of a fund to encourage seasonal
adjustments in the production of milk may be included in an order, and
(f) a further adjustment, equitably to apportion the total value of milk
purchased by any handler or by all handlers among producers on the basis
of the milk components contained in their marketings of milk.
(C) In order to accomplish the purposes set forth in paragraphs (A)
and (B) of this subsection, providing a method for making adjustments in
payments, as among handlers (including producers who are also handlers),
to the end that the total sums paid by each handler shall equal the
value of the milk purchased by him at the prices fixed in accordance
with paragraph (A) of this subsection.
(D) Providing that, in the case of all milk purchased by handlers
from any producer who did not regularly sell milk during a period of 30
days next preceding the effective date of such order for consumption in
the area covered thereby, payments to such producer, for the period
beginning with the first regular delivery by such producer and
continuing until the end of two full calendar months following the first
day of the next succeeding calendar month, shall be made at the price
for the lowest use classification specified in such order, subject to
the adjustments specified in paragraph (B) of this subsection.
(E) Providing (i) except as to producers for whom such services are
being rendered by a cooperative marketing association, qualified as
provided in paragraph (F) of this subsection, for market information to
producers and for the verification of weights, sampling, and testing of
milk purchased from producers, and for making appropriate deductions
therefor from payments to producers, and (ii) for assurance of, and
security for, the payment by handlers for milk purchased.
(F) Nothing contained in this subsection is intended or shall be
construed to prevent a cooperative marketing association qualified under
the provisions of sections 291 and 292 of this title, engaged in making
collective sales or marketing of milk or its products for the producers
thereof, from blending the net proceeds of all of its sales in all
markets in all use classifications, and making distribution thereof to
its producers in accordance with the contract between the association
and its producers: Provided, That it shall not sell milk or its products
to any handler for use or consumption in any market at prices less than
the prices fixed pursuant to paragraph (A) of this subsection for such
milk.
(G) No marketing agreement or order applicable to milk and its
products in any marketing area shall prohibit or in any manner limit, in
the case of the products of milk, the marketing in that area of any milk
or product thereof produced in any production area in the United States.
(H) Omitted
(I) Establishing or providing for the establishment of research and
development projects, and advertising (excluding brand advertising),
sales promotion, educational, and other programs designed to improve or
promote the domestic marketing and consumption of milk and its products,
to be financed by producers in a manner and at a rate specified in the
order, on all producer milk under the order. Producer contributions
under this subparagraph \2\ may be deducted from funds due producers in
computing total pool value or otherwise computing total funds due
producers and such deductions shall be in addition to the adjustments
authorized by paragraph (B) of this subsection. Provision may be made in
the order to exempt, or allow suitable adjustments or credits in
connection with, milk on which a mandatory checkoff for advertising or
marketing research is required under the authority of any State law.
Such funds shall be paid to an agency organized by milk producers and
producers' cooperative associations in such form and with such methods
of operation as shall be specified in the order. Such agency may expend
such funds for any of the purposes authorized by this subparagraph \2\
and may designate, employ, and allocate funds to persons and
organizations engaged in such programs which meet the standards and
qualifications specified in the order. All funds collected under this
subparagraph \2\ shall be separately accounted for and shall be used
only for the purposes for which they were collected. Programs authorized
by this subparagraph \2\ may be either local or national in scope, or
both, as provided in the order, but shall not be international. Order
provisions under this subparagraph \2\ shall not become effective in any
marketing order unless such provisions are approved by producers
separately from other order provisions, in the same manner provided for
the approval of marketing orders, and may be terminated separately
whenever the Secretary makes a determination with respect to such
provisions as is provided for the termination of an order in subsection
(16)(B) of this section. Disapproval or termination of such order
provisions shall not be considered disapproval of the order or of other
terms of the order. Notwithstanding any other provision of this chapter,
any producer against whose marketings any assessment is withheld or
collected under the authority of this subparagraph,\2\ and who is not in
favor of supporting the research and promotion programs, as provided for
herein, shall have the right to demand and receive a refund of such
assessment pursuant to the terms and conditions specified in the order.
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\2\ So in original. Probably should be ``paragraph''.
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(J) Providing for the payment, from the total sums payable by all
handlers for milk (irrespective of the use classification of such milk)
and before computing uniform prices under paragraph (A) and making
adjustments in payments under paragraph (C), to handlers that are
cooperative marketing associations described in paragraph (F) and to
handlers with respect to which adjustments in payments are made under
paragraph (C), for services of marketwide benefit, including but not
limited to--
(i) providing facilities to furnish additional supplies of milk
needed by handlers and to handle and dispose of milk supplies in
excess of quantities needed by handlers;
(ii) handling on specific days quantities of milk that exceed
the quantities needed by handlers; and
(iii) transporting milk from one location to another for the
purpose of fulfilling requirements for milk of a higher use
classification or for providing a market outlet for milk of any use
classification.
(K)(i) Notwithstanding any other provision of law, milk produced by
dairies--
(I) owned or controlled by foreign persons; and
(II) financed by or with the use of bonds the interest on which
is exempt from Federal income tax under section 103 of title 26;
shall be treated as other-source milk, and shall be allocated as milk
received from producer-handlers for the purposes of classifying producer
milk, under the milk marketing program established under this chapter.
For the purposes of this subparagraph,\2\ the term ``foreign person''
has the meaning given such term under section 3508(3) of this title.
(ii) The Secretary of Agriculture shall prescribe regulations to
carry out this subparagraph.\2\
(iii) This subparagraph \2\ shall not apply with respect to any
dairy that began operation before May 6, 1986.
(L) Providing that adjustments in payments by handlers under
paragraph (A) need not be the same as adjustments to producers under
paragraph (B) with regard to adjustments authorized by subparagraphs (2)
and (3) of paragraph (A) and clauses (b), (c), and (d) of paragraph
(B)(ii).
(6) Other commodities; terms and conditions of orders
In the case of the agricultural commodities and the products
thereof, other than milk and its products, specified in subsection (2)
of this section orders issued pursuant to this section shall contain one
or more of the following terms and conditions, and (except as provided
in subsection (7) of this section), no others:
(A) Limiting, or providing methods for the limitation of, the total
quantity of any such commodity or product, or of any grade, size, or
quality thereof, produced during any specified period or periods, which
may be marketed in or transported to any or all markets in the current
of interstate or foreign commerce or so as directly to burden, obstruct,
or affect interstate or foreign commerce in such commodity or product
thereof, during any specified period or periods by all handlers thereof.
(B) Allotting, or providing methods for allotting, the amount of
such commodity or product, or any grade, size, or quality thereof, which
each handler may purchase from or handle on behalf of any and all
producers thereof, during any specified period or periods, under a
uniform rule based upon the amounts sold by such producers in such prior
period as the Secretary determines to be representative, or upon the
current quantities available for sale by such producers, or both, to the
end that the total quantity thereof to be purchased, or handled during
any specified period or periods shall be apportioned equitably among
producers.
(C) Allotting, or providing methods for allotting, the amount of any
such commodity or product, or any grade, size, or quality thereof, which
each handler may market in or transport to any or all markets in the
current of interstate or foreign commerce or so as directly to burden,
obstruct, or affect interstate or foreign commerce in such commodity or
product thereof, under a uniform rule based upon the amounts which each
such handler has available for current shipment, or upon the amounts
shipped by each such handler in such prior period as the Secretary
determines to be representative, or both, to the end that the total
quantity of such commodity or product, or any grade, size, or quality
thereof, to be marketed in or transported to any or all markets in the
current of interstate or foreign commerce or so as directly to burden,
obstruct, or affect interstate or foreign commerce in such commodity or
product thereof, during any specified period or periods shall be
equitably apportioned among all of the handlers thereof.
(D) Determining, or providing methods for determining, the existence
and extent of the surplus of any such commodity or product, or of any
grade, size, or quality thereof, and providing for the control and
disposition of such surplus, and for equalizing the burden of such
surplus elimination or control among the producers and handlers thereof.
(E) Establishing or providing for the establishment of reserve pools
of any such commodity or product, or of any grade, size, or quality
thereof, and providing for the equitable distribution of the net return
derived from the sale thereof among the persons beneficially interested
therein.
(F) Requiring or providing for the requirement of inspection of any
such commodity or product produced during specified periods and marketed
by handlers.
(G) In the case of hops and their products in addition to, or in
lieu of, the foregoing terms and conditions, orders may contain one or
more of the following:
(i) Limiting, or providing methods for the limitation of, the
total quantity thereof, or of any grade, type, or variety thereof,
produced during any specified period or periods, which all handlers
may handle in the current of or so as directly to burden, obstruct,
or affect interstate or foreign commerce in hops or any product
thereof.
(ii) Apportioning, or providing methods for apportioning, the
total quantity of hops of the production of the then current
calendar year permitted to be handled equitably among all producers
in the production area to which the order applies upon the basis of
one or more or a combination of the following: The total quantity of
hops available or estimated will become available for market by each
producer from his production during such period; the normal
production of the acreage of hops operated by each producer during
such period upon the basis of the number of acres of hops in
production, and the average yield of that acreage during such period
as the Secretary determines to be representative, with adjustments
determined by the Secretary to be proper for age of plantings or
abnormal conditions affecting yield; such normal production or
historical record of any acreage for which data as to yield of hops
are not available or which had no yield during such period shall be
determined by the Secretary on the basis of the yields of other
acreage of hops of similar characteristics as to productivity,
subject to adjustment as just provided for.
(iii) Allotting, or providing methods for allotting, the
quantity of hops which any handler may handle so that the allotment
fixed for that handler shall be limited to the quantity of hops
apportioned under preceding clause (ii) to each respective producer
of hops; such allotment shall constitute an allotment fixed for that
handler within the meaning of subsection (5) of section 608a of this
title.
(H) Providing a method for fixing the size, capacity, weight,
dimensions, or pack of the container, or containers, which may be used
in the packaging, transportation, sale, shipment, or handling of any
fresh or dried fruits, vegetables, or tree nuts: Provided, however, That
no action taken hereunder shall conflict with the Standard Containers
Act of 1916 (15 U.S.C. 251-256) and the Standard Containers Act of 1928
(15 U.S.C. 257-257i).
(I) Establishing or providing for the establishment of production
research, marketing research and development projects designed to
assist, improve, or promote the marketing, distribution, and consumption
or efficient production of any such commodity or product, the expense of
such projects to be paid from funds collected pursuant to the marketing
order: Provided, That with respect to orders applicable to almonds,
filberts (otherwise known as hazelnuts), California-grown peaches,
cherries, papayas, carrots, citrus fruits, onions, Tokay grapes, pears,
dates, plums, nectarines, celery, sweet corn, limes, olives, pecans,
eggs, avocados, apples, raisins, walnuts, tomatoes, caneberries
(including raspberries, blackberries, and loganberries), Florida grown
\3\ strawberries, or cranberries, such projects may provide for any form
of marketing promotion including paid advertising and with respect to
almonds, filberts (otherwise known as hazelnuts), raisins, walnuts,
olives, Florida Indian River grapefruit, and cranberries may provide for
crediting the pro rata expense assessment obligations of a handler with
all or any portion of his direct expenditures for such marketing
promotion including paid advertising as may be authorized by the order
and when the handling of any commodity for canning or freezing is
regulated, then any such projects may also deal with the commodity or
its products in canned or frozen form: Provided further, That the
inclusion in a Federal marketing order of provisions for research and
marketing promotion, including paid advertising, shall not be deemed to
preclude, preempt or supersede any such provisions in any State program
covering the same commodity.
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\3\ So in original. Probably should be ``Florida-grown''.
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(J) In the case of pears for canning or freezing, any order for a
production area encompassing territory within two or more States or
portions thereof shall provide that the grade, size, quality, maturity,
and inspection regulation under the order applicable to pears grown
within any such State or portion thereof may be recommended to the
Secretary by the agency established to administer the order only if a
majority of the representatives from that State on such agency concur in
the recommendation each year.
(7) Terms common to all orders
In the case of the agricultural commodities and the products thereof
specified in subsection (2) of this section orders shall contain one or
more of the following terms and conditions:
(A) Prohibiting unfair methods of competition and unfair trade
practices in the handling thereof.
(B) Providing that (except for milk and cream to be sold for
consumption in fluid form) such commodity or product thereof, or any
grade, size, or quality thereof shall be sold by the handlers thereof
only at prices filed by such handlers in the manner provided in such
order.
(C) Providing for the selection by the Secretary of Agriculture, or
a method for the selection, of an agency or agencies and defining their
powers and duties, which shall include only the powers:
(i) To administer such order in accordance with its terms and
provisions;
(ii) To make rules and regulations to effectuate the terms and
provisions of such order;
(iii) To receive, investigate, and report to the Secretary of
Agriculture complaints of violations of such order; and
(iv) To recommend to the Secretary of Agriculture amendments to
such order.
No person acting as a member of an agency established pursuant to this
paragraph shall be deemed to be acting in an official capacity, within
the meaning of section 610(g) of this title, unless such person receives
compensation for his personal services from funds of the United States.
There shall be included in the membership of any agency selected to
administer a marketing order applicable to grapefruit or pears for
canning or freezing one or more representatives of processors of the
commodity specified in such order: Provided, That in a marketing order
applicable to pears for canning or freezing the representation of
processors and producers on such agency shall be equal.
(D) Incidental to, and not inconsistent with, the terms and
conditions specified in subsections (5) to (7) of this section and
necessary to effectuate the other provisions of such order.
(8) Orders with marketing agreement
Except as provided in subsection (9) of this section, no order
issued pursuant to this section shall become effective until the
handlers (excluding cooperative associations of producers who are not
engaged in processing, distributing, or shipping the commodity or
product thereof covered by such order) of not less than 50 per centum of
the volume of the commodity or product thereof covered by such order
which is produced or marketed within the production or marketing area
defined in such order have signed a marketing agreement, entered into
pursuant to section 608b of this title, which regulates the handling of
such commodity or product in the same manner as such order, except that
as to citrus fruits produced in any area producing what is known as
California citrus fruits no order issued pursuant to this subsection
shall become effective until the handlers of not less than 80 per centum
of the volume of such commodity or product thereof covered by such order
have signed such a marketing agreement: Provided, That no order issued
pursuant to this subsection shall be effective unless the Secretary of
Agriculture determines that the issuance of such order is approved or
favored:
(A) By at least two-thirds of the producers who (except that as to
citrus fruits produced in any area producing what is known as California
citrus fruits said order must be approved or favored by three-fourths of
the producers), during a representative period determined by the
Secretary, have been engaged, within the production area specified in
such marketing agreement or order, in the production for market of the
commodity specified therein, or who, during such representative period,
have been engaged in the production of such commodity for sale in the
marketing area specified in such marketing agreement, or order, or
(B) By producers who, during such representative period, have
produced for market at least two-thirds of the volume of such commodity
produced for market within the production area specified in such
marketing agreement or order, or who, during such representative period,
have produced at least two-thirds of the volume of such commodity sold
within the marketing area specified in such marketing agreement or
order.
(9) Orders with or without marketing agreement
Any order issued pursuant to this section shall become effective in
the event that, notwithstanding the refusal or failure of handlers
(excluding cooperative associations of producers who are not engaged in
processing, distributing, or shipping the commodity or product thereof
covered by such order) of more than 50 per centum of the volume of the
commodity or product thereof (except that as to citrus fruits produced
in any area producing what is known as California citrus fruits said per
centum shall be 80 per centum) covered by such order which is produced
or marketed within the production or marketing area defined in such
order to sign a marketing agreement relating to such commodity or
product thereof, on which a hearing has been held, the Secretary of
Agriculture determines:
(A) That the refusal or failure to sign a marketing agreement (upon
which a hearing has been held) by the handlers (excluding cooperative
associations of producers who are not engaged in processing,
distributing, or shipping the commodity or product thereof covered by
such order) of more than 50 per centum of the volume of the commodity or
product thereof (except that as to citrus fruits produced in any area
producing what is known as California citrus fruits said per centum
shall be 80 per centum) specified therein which is produced or marketed
within the production or marketing area specified therein tends to
prevent the effectuation of the declared policy of this chapter with
respect to such commodity or product, and
(B) That the issuance of such order is the only practical means of
advancing the interests of the producers of such commodity pursuant to
the declared policy, and is approved or favored:
(i) By at least two-thirds of the producers (except that as to
citrus fruits produced in any area producing what is known as
California citrus fruits said order must be approved or favored by
three-fourths of the producers) who, during a representative period
determined by the Secretary, have been engaged, within the
production area specified in such marketing agreement or order, in
the production for market of the commodity specified therein, or
who, during such representative period, have been engaged in the
production of such commodity for sale in the marketing area
specified in such marketing agreement, or order, or
(ii) By producers who, during such representative period, have
produced for market at least two-thirds of the volume of such
commodity produced for market within the production area specified
in such marketing agreement or order, or who, during such
representative period, have produced at least two-thirds of the
volume of such commodity sold within the marketing area specified in
such marketing agreement or order.
(10) Manner of regulation and applicability
No order shall be issued under this section unless it regulates the
handling of the commodity or product covered thereby in the same manner
as, and is made applicable only to persons in the respective classes of
industrial or commercial activity specified in, a marketing agreement
upon which a hearing has been held. No order shall be issued under this
chapter prohibiting, regulating, or restricting the advertising of any
commodity or product covered thereby, nor shall any marketing agreement
contain any provision prohibiting, regulating, or restricting the
advertising of any commodity, or product covered by such marketing
agreement.
(11) Regional application
(A) No order shall be issued under this section which is applicable
to all production areas or marketing areas, or both, of any commodity or
product thereof unless the Secretary finds that the issuance of several
orders applicable to the respective regional production areas or
regional marketing areas, or both, as the case may be, of the commodity
or product would not effectively carry out the declared policy of this
chapter.
(B) Except in the case of milk and its products, orders issued under
this section shall be limited in their application to the smallest
regional production areas or regional marketing areas, or both, as the
case may be, which the Secretary finds practicable, consistently with
carrying out such declared policy.
(C) All orders issued under this section which are applicable to the
same commodity or product thereof shall, so far as practicable,
prescribe such different terms, applicable to different production areas
and marketing areas, as the Secretary finds necessary to give due
recognition to the differences in production and marketing of such
commodity or product in such areas.
The price of milk paid by a handler at a plant operating in Clark
County, Nevada shall not be subject to any order issued under this
section.
(12) Approval of cooperative association as approval of producers
Whenever, pursuant to the provisions of this section, the Secretary
is required to determine the approval or disapproval of producers with
respect to the issuance of any order, or any term or condition thereof,
or the termination thereof, the Secretary shall consider the approval or
disapproval by any cooperative association of producers, bona fide
engaged in marketing the commodity or product thereof covered by such
order, or in rendering services for or advancing the interests of the
producers of such commodity, as the approval or disapproval of the
producers who are members of, stockholders in, or under contract with,
such cooperative association of producers.
(13) Retailer and producer exemption
(A) No order issued under subsection (9) of this section shall be
applicable to any person who sells agricultural commodities or products
thereof at retail in his capacity as such retailer, except to a retailer
in his capacity as a retailer of milk and its products.
(B) No order issued under this chapter shall be applicable to any
producer in his capacity as a producer.
(14) Violation of order; penalty
(A) Any handler subject to an order issued under this section, or
any officer, director, agent, or employee of such handler, who violates
any provision of such order shall, on conviction, be fined not less than
$50 or more than $5,000 for each such violation, and each day during
which such violation continues shall be deemed a separate violation. If
the court finds that a petition pursuant to subsection (15) of this
section was filed and prosecuted by the defendant in good faith and not
for delay, no penalty shall be imposed under this subsection for such
violations as occurred between the date upon which the defendant's
petition was filed with the Secretary, and the date upon which notice of
the Secretary's ruling thereon was given to the defendant in accordance
with regulations prescribed pursuant to subsection (15) of this section.
(B) Any handler subject to an order issued under this section, or
any officer, director, agent, or employee of such handler, who violates
any provision of such order may be assessed a civil penalty by the
Secretary not exceeding $1,000 for each such violation. Each day during
which such violation continues shall be deemed a separate violation,
except that if the Secretary finds that a petition pursuant to paragraph
(15) was filed and prosecuted by the handler in good faith and not for
delay, no civil penalty may be assessed under this paragraph for such
violations as occurred between the date on which the handler's petition
was filed with the Secretary, and the date on which notice of the
Secretary's ruling thereon was given to the handler in accordance with
regulations prescribed pursuant to paragraph (15). The Secretary may
issue an order assessing a civil penalty under this paragraph only after
notice and an opportunity for an agency hearing on the record. Such
order shall be treated as a final order reviewable in the district
courts of the United States in any district in which the handler subject
to the order is an inhabitant, or has the handler's principal place of
business. The validity of such order may not be reviewed in an action to
collect such civil penalty.
(15) Petition by handler for modification of order or exemption; court
review of ruling of Secretary
(A) Any handler subject to an order may file a written petition with
the Secretary of Agriculture, stating that any such order or any
provision of any such order or any obligation imposed in connection
therewith is not in accordance with law and praying for a modification
thereof or to be exempted therefrom. He shall thereupon be given an
opportunity for a hearing upon such petition, in accordance with
regulations made by the Secretary of Agriculture, with the approval of
the President. After such hearing, the Secretary shall make a ruling
upon the prayer of such petition which shall be final, if in accordance
with law.
(B) The District Courts of the United States in any district in
which such handler is an inhabitant, or has his principal place of
business, are vested with jurisdiction in equity to review such ruling,
provided a bill in equity for that purpose is filed within twenty days
from the date of the entry of such ruling. Service of process in such
proceedings may be had upon the Secretary by delivering to him a copy of
the bill of complaint. If the court determines that such ruling is not
in accordance with law, it shall remand such proceedings to the
Secretary with directions either (1) to make such ruling as the court
shall determine to be in accordance with law, or (2) to take such
further proceedings as, in its opinion, the law requires. The pendency
of proceedings instituted pursuant to this subsection (15) shall not
impede, hinder, or delay the United States or the Secretary of
Agriculture from obtaining relief pursuant to section 608a(6) of this
title. Any proceedings brought pursuant to section 608a(6) of this title
(except where brought by way of counterclaim in proceedings instituted
pursuant to this subsection (15)) shall abate whenever a final decree
has been rendered in proceedings between the same parties, and covering
the same subject matter, instituted pursuant to this subsection (15).
(16) Termination of orders and marketing agreements
(A)(i) Except as provided in clause (ii), the Secretary of
Agriculture shall, whenever he finds that any order issued under this
section, or any provision thereof, obstructs or does not tend to
effectuate the declared policy of this chapter, terminate or suspend the
operation of such order or such provision thereof.
(ii) The Secretary may not terminate any order issued under this
section for a commodity for which there is no Federal program
established to support the price of such commodity unless the Secretary
gives notice of, and a statement of the reasons relied upon by the
Secretary for, the proposed termination of such order to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the Committee
on Agriculture of the House of Representatives not later than 60 days
before the date such order will be terminated.
(B) The Secretary shall terminate any marketing agreement entered
into under section 608b of this title, or order issued under this
section, at the end of the then current marketing period for such
commodity, specified in such marketing agreement or order, whenever he
finds that such termination is favored by a majority of the producers
who, during a representative period determined by the Secretary, have
been engaged in the production for market of the commodity specified in
such marketing agreement or order, within the production area specified
in such marketing agreement or order, or who, during such representative
period, have been engaged in the production of such commodity for sale
within the marketing area specified in such marketing agreement or
order: Provided, That such majority have, during such representative
period, produced for market more than 50 per centum of the volume of
such commodity produced for market within the production area specified
in such marketing agreement or order, or have, during such
representative period, produced more than 50 per centum of the volume of
such commodity sold in the marketing area specified in such marketing
agreement or order, but such termination shall be effective only if
announced on or before such date (prior to the end of the then current
marketing period) as may be specified in such marketing agreement or
order.
(C) Except as otherwise provided in this subsection with respect to
the termination of an order issued under this section, the termination
or suspension of any order or amendment thereto or provision thereof,
shall not be considered an order within the meaning of this section.
(17) Provisions applicable to amendments
The provisions of this section and section 608d of this title
applicable to orders shall be applicable to amendments to orders:
Provided, That notice of a hearing upon a proposed amendment to any
order issued pursuant to this section, given not less than three days
prior to the date fixed for such hearing, shall be deemed due notice
thereof: Provided further, That if one-third or more of the producers as
defined in a milk order apply in writing for a hearing on a proposed
amendment of such order, the Secretary shall call such a hearing if the
proposed amendment is one that may legally be made to such order.
Subsection (12) of this section shall not be construed to permit any
cooperative to act for its members in an application for a hearing under
the foregoing proviso and nothing in such proviso shall be construed to
preclude the Secretary from calling an amendment hearing as provided in
subsection (3) of this section. The Secretary shall not be required to
call a hearing on any proposed amendment to an order in response to an
application for a hearing on such proposed amendment if the application
requesting the hearing is received by the Secretary within ninety days
after the date on which the Secretary has announced the decision on a
previously proposed amendment to such order and the two proposed
amendments are essentially the same.
(18) Milk prices
The Secretary of Agriculture, prior to prescribing any term in any
marketing agreement or order, or amendment thereto, relating to milk or
its products, if such term is to fix minimum prices to be paid to
producers or associations of producers, or prior to modifying the price
fixed in any such term, shall ascertain the parity prices of such
commodities. The prices which it is declared to be the policy of
Congress to establish in section 602 of this title shall, for the
purposes of such agreement, order, or amendment, be adjusted to reflect
the price of feeds, the available supplies of feeds, and other economic
conditions which affect market supply and demand for milk or its
products in the marketing area to which the contemplated marketing
agreement, order, or amendment relates. Whenever the Secretary finds,
upon the basis of the evidence adduced at the hearing required by
section 608b of this title or this section, as the case may be, that the
parity prices of such commodities are not reasonable in view of the
price of feeds, the available supplies of feeds, and other economic
conditions which affect market supply and demand for milk and its
products in the marketing area to which the contemplated agreement,
order, or amendment relates, he shall fix such prices as he finds will
reflect such factors, insure a sufficient quantity of pure and wholesome
milk to meet current needs and further to assure a level of farm income
adequate to maintain productive capacity sufficient to meet anticipated
future needs, and be in the public interest. Thereafter, as the
Secretary finds necessary on account of changed circumstances, he shall,
after due notice and opportunity for hearing, make adjustments in such
prices.
(19) Producer or processor referendum for approving order
For the purpose of ascertaining whether the issuance of an order is
approved or favored by producers or processors, as required under the
applicable provisions of this chapter, the Secretary may conduct a
referendum among producers or processors and in the case of an order
other than an amendatory order shall do so. The requirements of approval
or favor under any such provision shall be held to be complied with if,
of the total number of producers or processors, or the total volume of
production, as the case may be, represented in such referendum, the
percentage approving or favoring is equal to or in excess of the
percentage required under such provision. The terms and conditions of
the proposed order shall be described by the Secretary in the ballot
used in the conduct of the referendum. The nature, content, or extent of
such description shall not be a basis for attacking the legality of the
order or any action relating thereto. Nothing in this subsection shall
be construed as limiting representation by cooperative associations as
provided in subsection (12) of this section. For the purpose of
ascertaining whether the issuance of an order applicable to pears for
canning or freezing is approved or favored by producers as required
under the applicable provisions of this chapter, the Secretary shall
conduct a referendum among producers in each State in which pears for
canning or freezing are proposed to be included within the provisions of
such marketing order and the requirements of approval or favor under any
such provisions applicable to pears for canning or freezing shall be
held to be complied with if, of the total number of producers, or the
total volume of production, as the case may be, represented in such
referendum, the percentage approving or favoring is equal to or in
excess of 66\2/3\ per centum except that in the event that pear
producers in any State fail to approve or favor the issuance of any such
marketing order, it shall not be made effective in such State.
(May 12, 1933, ch. 25, title I, Sec. 8c, as added Aug. 24, 1935, ch.
641, Sec. 5, 49 Stat. 753; amended June 25, 1936, ch. 804, 49 Stat.
1921; June 3, 1937, ch. 296, Secs. 1, 2(d), (e), (f), (k), (l), (m), 50
Stat. 246, 247; Aug. 5, 1937, ch. 567, 50 Stat. 563; Apr. 13, 1938, ch.
143, Secs. 1, 2, 52 Stat. 215; May 31, 1939, ch. 157, 53 Stat. 793; Feb.
10, 1942, ch. 52, Secs. 2, 3, 56 Stat. 85; 1947 Reorg. Plan No. 1,
Sec. 102, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; Aug. 1, 1947,
ch. 425, Secs. 2, 4, 61 Stat. 707, 710; July 3, 1948, ch. 827, title
III, Sec. 302(b), (c), 62 Stat. 1258; June 29, 1949, ch. 273, 63 Stat.
282; Aug. 28, 1954, ch. 1041, title IV, Sec. 401(b)-(d), 68 Stat. 906,
907; Pub. L. 87-128, title I, Sec. 141(3), (4), Aug. 8, 1961, 75 Stat.
304, 305; Pub. L. 87-703, title IV, Sec. 403, Sept. 27, 1962, 76 Stat.
632; Pub. L. 89-321, title I, Secs. 101, 102, Nov. 3, 1965, 79 Stat.
1187; Pub. L. 89-330, Sec. 1(b), Nov. 8, 1965, 79 Stat. 1270; Pub. L.
91-196, Sec. 1, Feb. 20, 1970, 84 Stat. 14; Pub. L. 91-292, Sec. 1(2),
June 25, 1970, 84 Stat. 333; Pub. L. 91-341, July 18, 1970, 84 Stat.
438; Pub. L. 91-363, July 31, 1970, 84 Stat. 687; Pub. L. 91-384, Aug.
18, 1970, 84 Stat. 827; Pub. L. 91-522, Nov. 25, 1970, 84 Stat. 1357;
Pub. L. 91-524, title II, Sec. 201(a), Nov. 30, 1970, 84 Stat. 1359;
Pub. L. 91-670, title I, Sec. 101, title II, Sec. 201, Jan. 11, 1971, 84
Stat. 2040, 2041; Pub. L. 92-120, Aug. 13, 1971, 85 Stat. 340; Pub. L.
92-233, Feb. 15, 1972, 86 Stat. 39; Pub. L. 92-466, Oct. 6, 1972, 86
Stat. 780; Pub. L. 91-524, title II, Sec. 201(f), Nov. 30, 1970, as
added Pub. L. 93-86, Sec. 1(2)(B), Aug. 10, 1973, 87 Stat. 222; Pub. L.
93-230, Dec. 29, 1973, 87 Stat. 945; Pub. L. 95-279, title IV,
Sec. 401(a), May 15, 1978, 92 Stat. 242; Pub. L. 96-494, title I,
Sec. 101, Dec. 3, 1980, 94 Stat. 2570; Pub. L. 97-98, title I,
Sec. 101(a), Dec. 22, 1981, 95 Stat. 1218; Pub. L. 98-171, Sec. 1, Nov.
29, 1983, 97 Stat. 1117; Pub. L. 98-180, title III, Sec. 304, Nov. 29,
1983, 97 Stat. 1151; Pub. L. 99-198, title I, Secs. 131(a), 133, title
XVI, Secs. 1661(a), 1662(a), Dec. 23, 1985, 99 Stat. 1372, 1373, 1630,
1631; Pub. L. 100-203, title I, Sec. 1501, Dec. 22, 1987, 101 Stat.
1330-27; Pub. L. 100-418, title IV, Secs. 4601, 4602, Aug. 23, 1988, 102
Stat. 1407; Pub. L. 101-624, title I, Secs. 112, 113, title XIII,
Sec. 1306, Nov. 28, 1990, 104 Stat. 3380, 3561; Pub. L. 102-237, title
I, Sec. 115(2), Dec. 13, 1991, 105 Stat. 1840; Pub. L. 102-553, Sec. 2,
Oct. 28, 1992, 106 Stat. 4141; Pub. L. 106-78, title VII, Secs. 757(a),
760, Oct. 22, 1999, 113 Stat. 1171, 1173; Pub. L. 107-76, title VII,
Sec. 765, Nov. 28, 2001, 115 Stat. 743; Pub. L. 107-171, title X,
Sec. 10601(a), May 13, 2002, 116 Stat. 511.)
Amendment of Section
For termination of amendment by section 101(b) of Pub. L. 97-98,
see Effective and Termination Dates of 1981 Amendment note below.
References in Text
The Naval Stores Act, referred to in subsec. (2), is act Mar. 3,
1923, ch. 217, 42 Stat. 1435, as amended, which is classified generally
to chapter 4 (Sec. 91 et seq.) of this title. For complete
classification of this Act to the Code, see section 91 of this title and
Tables.
For the effective date of this sentence, referred to in subsec.
(5)(A), see Effective Date of 1985 Amendment note below.
The Standard Containers Act of 1916 and the Standard Containers Act
of 1928, referred to in subsec. (6)(H), are act Aug. 31, 1916, ch. 426,
39 Stat. 673, as amended, and act May 21, 1928, ch. 664, 45 Stat. 685,
as amended, respectively, and were repealed by Pub. L. 90-628,
Sec. 1(a), (b), Oct. 22, 1968, 82 Stat. 1320.
Codification
Subsec. (5)(H), which permitted marketing orders applicable to milk
and its products to be limited in application to milk used for
manufacturing, was omitted as terminated. See Termination of 1965
Amendments note set out below.
Phrase ``with the approval of the President,'' following ``Secretary
of Agriculture'' in opening par. of subsec. (9) of this section was
omitted on the authority of 1947 Reorg. Plan No. 1, set out in the
Appendix to Title 5, Government Organization and Employees, which
abolished the function of the President with respect to approving
determinations of the Secretary of Agriculture in connection with
agricultural marketing orders under this section.
The words ``(including the district court of the United States for
the District of Columbia)'' in subsec. (15)(B) following ``The District
Courts of the United States'' have been deleted as superfluous in view
of section 132(a) of Title 28, Judiciary and Judicial Procedure which
states that ``There should be in each judicial district a district court
which shall be a court of record known as the United States District
Court for the district'', and section 88 of said Title 28 which states
that ``The District of Columbia constitutes one judicial district.''
In subsec. (18), ``or, in the case of orders applying only to
manufacturing milk, the production area'' following ``marketing area''
in two places, was deleted from the Code. See Termination of 1965
Amendments note set out below.
Amendments
2002--Par. (2)(A). Pub. L. 107-171, Sec. 10601(a)(1), inserted
``caneberries (including raspberries, blackberries, and loganberries),''
after ``other than pears, olives, grapefruit, cherries,''.
Par. (6)(I). Pub. L. 107-171, Sec. 10601(a)(2), substituted
``tomatoes, caneberries (including raspberries, blackberries, and
loganberries),'' for ``tomatoes,,''.
2001--Par. (1). Pub. L. 107-76, which directed insertion of ``The
Secretary is authorized to implement a producer allotment program and a
handler withholding program under the cranberry marketing order in the
same crop year through informal rulemaking based on a recommendation and
supporting economic analysis submitted by the Cranberry Marketing
Committee. Such recommendation and analysis shall be submitted by the
Committee no later than March 1 of each year.'' at end of penultimate
sentence of section 8c(1) of the Agricultural Marketing Agreement Act of
1937, was executed to this section, which is section 8c(1) of the
Agricultural Adjustment Act, to reflect the probable intent of Congress.
1999--Subsec. (6)(I). Pub. L. 106-78, Sec. 757(a)(2), substituted
``Florida Indian River grapefruit, and cranberries'' for ``and Florida
Indian River grapefruit''.
Pub. L. 106-78, Sec. 757(a)(1), which directed substitution of ``,
Florida grown strawberries, or cranberries'' for ``or Florida grown
strawberries'', was executed by making the substitution for ``or
Florida-grown strawberries'' to reflect the probable intent of Congress.
Subsec. (11). Pub. L. 106-78, Sec. 760, inserted at end ``The price
of milk paid by a handler at a plant operating in Clark County, Nevada
shall not be subject to any order issued under this section.''
1992--Subsec. (1). Pub. L. 102-553 inserted at end ``In carrying out
this section, the Secretary shall complete all informal rulemaking
actions necessary to respond to recommendations submitted by
administrative committees for such orders as expeditiously as possible,
but not more than 45 days (to the extent practicable) after submission
of the committee recommendations. The Secretary shall establish time
frames for each office and agency within the Department of Agriculture
to consider the committee recommendations.''
1991--Subsec. (5)(B). Pub. L. 102-237 substituted ``, and'' for
``and,'' before cl. (f) in last sentence.
1990--Subsec. (5)(B)(f). Pub. L. 101-624, Sec. 112, added cl. (f).
Subsec. (5)(L). Pub. L. 101-624, Sec. 113, added par. (L).
Subsec. (14)(A). Pub. L. 101-624, Sec. 1306(1), struck out ``(other
than a provision calling for payment of a pro rata share of expenses)''
before ``shall, on conviction'' and substituted ``. If'' for ``:
Provided, That if''.
Subsec. (14)(B). Pub. L. 101-624, Sec. 1306(2), struck out ``(other
than a provision calling for payment of a pro rata share of expenses)''
before ``may be assessed''.
1988--Subsec. (5)(K). Pub. L. 100-418, Sec. 4601, added par. (K).
Subsec. (6)(I). Pub. L. 100-418, Sec. 4602, substituted ``tomatoes,
or Florida-grown strawberries,'' for ``or tomatoes''.
1987--Subsec. (14). Pub. L. 100-203 designated existing provisions
as par. (A) and added par. (B).
1985--Subsec. (5)(A). Pub. L. 99-198, Sec. 131(a), inserted
provisions, with accompanying table, establishing the minimum aggregate
amounts of the adjustments under cls. (1) and (2) to prices for milk of
the highest use classification under orders in effect on Dec. 23, 1985,
and requiring that such prices be adjusted for the locations at which
delivery of such milk is made to such handlers.
Subsec. (5)(J). Pub. L. 99-198, Sec. 133, added par. (J).
Subsec. (14). Pub. L. 99-198, Sec. 1661(a), substituted ``$5,000''
for ``$500''.
Subsec. (16)(A). Pub. L. 99-198, Sec. 1662(a)(1), designated
existing provisions of par. (A) as cl. (i), substituted ``Except as
provided in clause (ii), the Secretary'' for ``The Secretary'', and
added cl. (ii).
Subsec. (16)(C). Pub. L. 99-198, Sec. 1662(a)(2), substituted
``Except as otherwise provided in this subsection with respect to the
termination of an order issued under this section, the termination'' for
``The termination''.
1983--Subsec. (2). Pub. L. 98-180, Sec. 304(1), substituted
``poultry (but not excepting turkeys and not excepting poultry which
produce commercial eggs),'' for ``poultry (but not excepting turkeys),
eggs (but not excepting turkey hatching eggs),''.
Subsec. (6)(I). Pub. L. 98-180, Sec. 304(2), inserted ``eggs,''
after ``pecans,''.
Pub. L. 98-171 inserted ``filberts (otherwise known as hazelnuts),''
after ``almonds,'' in two places.
1981--Subsec. (5)(B). Pub. L. 97-98, Sec. 101(a)(1), struck out cl.
(f) which extended authority for Class I Base Plans, provided for a
representative Class I base period of one to three years to be
automatically updated each year, inserted provisions to automatically
keep the total of bases closely related to changing levels of market
utilization, provided authorization for transfers of Class I bases on
such terms and conditions as prescribed in the order by the Secretary,
added authority to make provision in the order for the alleviation of
hardship and inequity among producers including abnormally low
production during a base forming period due to circumstances beyond his
control, operation during part but not all of a base period, acts of
God, and reduced marketing due to diseases, pesticides, residues, and
condemnation of milk, and removed provision under which the
participation of new producers in the market's Class I sales was
confined to increases in such sales with defined exceptions.
Subsec. (17). Pub. L. 97-98, Sec. 101(a)(2), inserted provisions
governing procedures when one-third or more of producers apply in
writing for a hearing on a proposed amendment of an order, prohibiting
any construction of subsec. (12) in a way which might permit
cooperatives to act for their members in applying for hearings, and
excusing the Secretary from the requirement of having to call a hearing
on proposed amendments to an order in response to an application for
such a hearing when the application for such a hearing is received by
the Secretary within ninety days after the date on which the Secretary
has announced his decision on a previously proposed amendment to such
order and the two proposed amendments are essentially the same. An
identical amendment was made by Pub. L. 91-524, Sec. 201(f)(1), as added
by Pub. L. 93-86, see Termination of 1970 Amendment note set out below.
Subsec. (18). Pub. L. 97-98, Sec. 101(a)(3), inserted ``to meet
current needs and further to assure a level of farm income adequate to
maintain productive capacity sufficient to meet anticipated future
needs'' after ``pure and wholesome milk''. An identical amendment was
made by Pub. L. 91-524, Sec. 201(f)(2), as added by Pub. L. 93-86, see
Termination of 1970 Amendment note set out below.
1980--Subsec. (6)(I). Pub. L. 96-494 inserted ``walnuts'' before
``or tomatoes'' and substituted ``walnuts, olives, and Florida Indian
River grapefruit'' for ``Florida Indian River grapefruit''.
1978--Subsec. (6)(I). Pub. L. 95-279 inserted ``raisins'' after
``apples'' and after ``with respect to almonds''.
1973--Subsec. (6)(I). Pub. L. 93-230 inserted ``and Florida Indian
River grapefruit'' after ``with respect to almonds''.
Subsec. (17). Pub. L. 91-524, Sec. 201(f)(1), as added by Pub. L.
93-86, inserted provisions governing procedures when one-third or more
of producers apply in writing for a hearing on a proposed amendment of
an order, prohibiting any construction of subsec. (12) in a way which
might permit cooperatives to act for their members in applying for
hearings, and excusing the Secretary from the requirement of having to
call a hearing on proposed amendments to an order in response to an
application for such a hearing when the application for such a hearing
is received by the Secretary within ninety days after the date on which
the Secretary has announced his decision on a previously proposed
amendment to such order and the two proposed amendments are essentially
the same.
Subsec. (18). Pub. L. 91-524, Sec. 201(f)(2), as added by Pub. L.
93-86, inserted ``to meet current needs and further to assure a level of
farm income adequate to maintain productive capacity sufficient to meet
anticipated future needs'' after ``insure a sufficient quantity of pure
and wholesome milk''.
1972--Subsec. (2). Pub. L. 92-233 inserted potatoes for canning,
freezing or other processing to the agricultural commodities excluded
from the categories of commodities which the Secretary may regulate. The
amendment served to make permanent the temporary exemption first
inserted by Pub. L. 91-196. See 1970 Amendment note and Effective Date
of 1970 Amendment note.
Subsec. (2)(A). Pub. L. 92-466, Sec. 1(1), inserted ``pears,'' after
``except canned or frozen'' and after ``canning or freezing other
than''.
Subsec. (6)(I). Pub. L. 92-466, Sec. 1(2), struck out ``fresh''
before ``pears'' and provided that when the handling of any commodity
for canning or freezing is regulated, then any projects may also deal
with the commodity or its products in canned or frozen form.
Subsec. (6)(J). Pub. L. 92-466, Sec. 1(5), added par. (J).
Subsec. (7)(C). Pub. L. 92-466, Sec. 1(3), inserted ``or pears''
after ``marketing order applicable to grapefruit'' and inserted proviso
that in a marketing order applicable to pears for canning or freezing
the representation of processors and producers on the agency shall be
equal.
Subsec. (19). Pub. L. 92-466, Sec. 1(4), inserted provision
respecting producer or processor referendum for approving order
applicable to pears for canning or freezing.
1971--Subsec. (5)(I). Pub. L. 91-670, Sec. 101, added par. (I).
Subsec. (6)(I). Pub. L. 92-120 inserted reference to ``California-
grown peaches'' in proviso.
Pub. L. 91-670, Sec. 201, inserted reference to ``tomatoes'' in
proviso.
1970--Subsec. (2). Pub. L. 91-196 inserted potatoes for canning,
freezing or other processing to the category of agricultural commodities
excluded from the Secretary's power to issue orders to regulate the
handling of such commodities.
Subsec. (2)(A). Pub. L. 91-341 inserted provision for marketing
orders for apples produced in Colorado, Utah, New Mexico, Illinois and
Ohio.
Subsec. (5)(B). Pub. L. 91-524 retained and separately stated the
existing authority for base-surplus or base-excess provisions in milk
marketing orders in cl. (d), clarified and reaffirmed, in cl. (e), the
authority for plans under which leveling of spring and fall production
is encouraged by withholding from sums paid for milk in the spring and
subsequently paying the same sums to producers in the fall, and, in cl.
(f), extended the authority for Class I Base Plans, provided for a
representative Class I base period of one to three years to be
automatically updated each year, inserted provisions to automatically
keep the total of bases closely related to changing levels of market
utilization, provided authorization for transfers of Class I bases on
such terms and conditions as prescribed in the order by the Secretary,
added authority to make provision in the order for the alleviation of
hardship and inequity among producers including abnormally low
production during a base forming period due to circumstances beyond his
control, operation during part but not all of a base period, acts of
God, and reduced marketing due to diseases, pesticides, residues, and
condemnation of milk, and removed provision under which the
participation of new producers in the market's Class I sales was
confined to increases in such sales with defined exceptions.
Subsec. (6)(I). Pub. L. 91-522 in first proviso inserted
applicability to almonds and provisions authorizing with respect to
almonds the crediting of the pro rata expense assessment obligations of
a handler with all or any portion of his direct expenditures for
marketing promotion including paid advertising as authorized by the
order, and in second proviso inserted provisions relating to marketing
promotion, including paid advertising, in Federal marketing orders.
Pub. L. 91-384 inserted ``papayas,'' after ``applicable to
cherries,''.
Pub. L. 91-363 substituted ``avocados, or apples'' for ``or
avocados'' in proviso.
Pub. L. 91-292 authorized the establishment of production research,
inserted efficient production to the enumeration of aims to be served by
established projects, and inserted proviso that the inclusion in a
Federal marketing order of provisions for research not be deemed to
preclude, preempt, or supersede research provisions in any State program
covering the same commodity.
1965--Subsec. (5). Pub. L. 89-321, Secs. 101, 102, inserted ``,
which may be adjusted to reflect sales of such milk by any handler or by
all handlers in any classification or classifications,'' before ``during
a representative period of time'' in cl. (d) of par. (B) and, after
``representative period of time'', inserted ``which need not be limited
to one year'' in completion of first sentence of cl. (d) as well as all
the remaining sentences in completion of cl. (d), and added par. (H).
Subsec. (6)(I). Pub. L. 89-330 inserted ``carrots, citrus fruits,
onions, Tokay grapes, fresh pears, dates, plums, nectarines, celery,
sweet corn, limes, olives, pecans, or avocados'' in proviso.
Subsec. (18). Pub. L. 89-321, Sec. 102, inserted ``or, in the case
of orders applying only to manufacturing milk, the production area''
after ``marketing area'' wherever occurring.
1962--Subsec. (6)(I). Pub. L. 87-703 inserted the cherry marketing
order provisions for advertising.
1961--Subsec. (2). Pub. L. 87-128, Sec. 141(3), designated existing
provisions as par. (A), included in exception provision thereof
cherries, apples, and cranberries, substituted ``Idaho, New York,
Michigan, Maryland, New Jersey, Indiana, California, Maine, Vermont, New
Hampshire, Rhode Island, Massachusetts, and Connecticut, and not
including fruits for canning or freezing other than olives, grapefruit,
cherries, cranberries, and apples produced in the States named above
except Washington, Oregon, and Idaho)'' for ``and Idaho, and not
including fruits, other than olives and grapefruit, for canning or
freezing)'', struck out ``soybeans'' before ``, hops, honeybees'', and
added par. (B) and provisions respecting the effectiveness of orders as
to cherries, apples and cranberries for canning or freezing, the
applicability of orders to peanuts, the treatment of commodities as
single commodities and separate agricultural commodities, and the
deeming of the covered agricultural commodities and products as
specified in the subsection.
Subsec. (19). Pub. L. 87-128, Sec. 141(4), provided for processor
referendum for approving order, required referendum in case of an order
other than an amendatory order, and a description of the terms and
conditions of the proposed order in the ballot used in the conduct of
the referendum, and prohibited the use of such description as a basis
for attacking legality of orders or any action relating thereto.
1954--Subsec. (2). Act Aug. 28, 1954, Sec. 401(b), made grapefruit
for canning and freezing (but not the canned or frozen product) subject
to its provisions, and inserted proviso.
Subsec. (6). Act Aug. 28, 1954, Sec. 401(c), brought within its
scope all agricultural commodities specified in subsec. (2) of this
section, and added pars. (H) and (I).
Subsec. (7)(C). Act Aug. 28, 1954, Sec. 401(d), provided for the
appointment of representatives from the grapefruit for canning
processors.
1949--Subsecs. (2), (6). Act June 29, 1949, made section applicable
to filberts and almonds.
1948--Subsec. (17). Act July 3, 1948, Sec. 302(c), struck out
``section 608e of this title''.
Subsec. (18). Act July 3, 1948, Sec. 302(b), made definition of
``parity'' conform to definition stated in section 1301(a)(1) of this
title.
1947--Subsec. (2). Act Aug. 1, 1947, inserted ``or freezing'' after
``canning'' in two places.
Subsec. (6). Act Aug. 1, 1947, in opening par., inserted ``or
freezing'' after ``canning'' in two places, reenacted pars. (A) to (E)
without change, inserted par. (F), redesignated former par. (F) as (G)
and reenacted such par. without further change.
1942--Subsec. (6), opening par. Act Feb. 10, 1942, Sec. 2, inserted
``and their products'' after ``hops''.
Subsec. (6)(F). Act Feb. 10, 1942, Sec. 3, added par. (F).
1939--Subsecs. (2), (6). Act May 31, 1939, amended Act June 3, 1937,
Sec. 2, by adding subsection (m) thereto, which in turn amended subsecs.
(2) and (6) of this section.
1938--Subsec. (2). Act Apr. 13, 1938, Sec. 1, inserted ``hops''
after ``soybeans''.
Subsec. (6). Act Apr. 13, 1938, Sec. 2, inserted ``hops'' after
``soybeans and their products''.
1937--Subsec. (2). Act Aug. 5, 1937, amended act June 3, 1937, by
adding thereto subsec. (k), which in turn amended subsec. (2) by
inserting ``and the products of honeybees'' after ``except the products
of naval stores'' and ``, honeybees'' after ``soybeans''.
Subsec. (5)(B)(d). Act June 3, 1937, Sec. 2(d), substituted
``marketings'' for ``production''.
Subsec. (6). Act Aug. 5, 1937, amended act June 3, 1937, by adding
subsec. (l), which in turn amended subsec. (6) by inserting
``honeybees'' after ``soybeans and their products,''.
Subsec. (6)(B). Act June 3, 1937, Sec. 2(e), struck out ``produced
or'' and ``production or sales of'' and inserted in lieu thereof
``quantities available for sale by''.
Subsecs. (18), (19). Act June 3, 1937, Sec. 2(f), added subsecs.
(18) and (19). See note set out under section 601 of this title.
1936--Act June 25, 1936, provided that the Supreme Court of the
District of Columbia should thereafter be known as the ``district court
of the United States for the District of Columbia''.
1935--Section added to the Agricultural Adjustment Act by act Aug.
24, 1935, which also struck out former section 608(3) of this title.
Effective Date of 1999 Amendment
Pub. L. 106-78, title VII, Sec. 760, Oct. 22, 1999, 113 Stat. 1173,
provided that the amendment made by section 760 is effective Oct. 1,
1999.
Effective Date of 1990 Amendment
Amendments by sections 112 and 113 of Pub. L. 101-624 effective
beginning with 1991 crop of an agricultural commodity, with provision
for prior crops, see section 1171 of Pub. L. 101-624, set out as a note
under section 1421 of this title.
Effective Date of 1985 Amendment
Section 131(b) of Pub. L. 99-198 provided that: ``The amendment made
by this section [amending this section] shall take effect on the first
day of the first month beginning more than 120 days after the date of
the enactment of this Act [Dec. 23, 1985].''
Section 133 of Pub. L. 99-198 provided that the amendment made by
that section is effective Jan. 1, 1986.
Section 1661(b) of Pub. L. 99-198 provided that: ``The amendment
made by subsection (a) [amending this section] shall not apply with
respect to any violation described in section 8c(14) of the Agricultural
Adjustment Act [subsec. (14) of this section] occurring before the date
of the enactment of this Act [Dec. 23, 1985].''
Effective and Termination Dates of 1981 Amendment
Section 101(b) of Pub. L. 97-98, as amended by Pub. L. 99-198, title
I, Sec. 132, Dec. 23, 1985, 99 Stat. 1373; Pub. L. 101-624, title I,
Sec. 108, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 103-66, title I,
Sec. 1105(b), Aug. 10, 1993, 107 Stat. 317, provided that: ``The
provisions of subsection (a) [amending this section] shall become
effective January 1, 1982, and shall terminate December 31, 1996.''
Effective Date of 1978 Amendment
Section 401(a) of Pub. L. 95-279 provided that the amendment made by
that section is effective Oct. 1, 1978.
Effective Date of 1970 Amendment
Section 2 of Pub. L. 91-196 provided that: ``The amendments made by
this Act [amending this section] shall be effective only during the
period beginning with the date of enactment of this Act [Feb. 20, 1970]
and ending two years after such date.'' The limited effective period
beginning Feb. 20, 1970, and ending two years after such date for the
amendment made by Pub. L. 91-196 was removed as a result of the
enactment of Pub. L. 92-233, Feb. 15, 1972, 86 Stat. 39, which made an
amendment to the section identical to that made by Pub. L. 91-196 but
without a time limit on such amendment of the type which had limited the
duration of such earlier Pub. L. 91-196 amendment.
Effective Date of 1948 Amendment
Amendment by act July 3, 1948, effective Jan. 1, 1950, see section
303 of act July 3, 1948, set out as a note under section 1301 of this
title.
Termination of 1970 Amendment; Savings Provision
Section 201(e) of Pub. L. 91-524, as amended by Pub. L. 93-86,
Sec. 1(2)(A), Aug. 10, 1973, 87 Stat. 222; Pub. L. 95-113, title II,
Sec. 201, Sept. 29, 1977, 91 Stat. 919, provided that: ``The provisions
of this section [amending this section] shall not be effective after
December 31, 1981, except with respect to orders providing for class I
base plans issued prior to such date, but in no event shall any order so
issued extend or be effective beyond December 31, 1984.''
Termination of 1965 Amendments; Reversion of Status of Producer Handlers
of Milk to Pre-Amendment Status
Sections 103 and 104 of Pub. L. 89-321, as amended by Pub. L. 90-
559, Sec. 1(3), Oct. 11, 1968, 82 Stat. 996, provided that:
``Sec. 103. The provisions of this title [amending this section]
shall not be effective after December 31, 1970.
``Sec. 104. The legal status of producer handlers of milk under the
provisions of the Agricultural Adjustment Act, as reenacted and amended
by the Agricultural Marketing Agreement Act of 1937, as amended, shall
be the same subsequent to the adoption of the amendments made by this
title [amending this section] as it was prior thereto.''
Short Title
Section 1 of Pub. L. 89-321 provided: ``That this Act [enacting
sections 1305, 1306, 1316, 1344b, 1379, 1446a-1, and 1838 of this title,
amending this section and sections 1301, 1314b, 1332, 1333, 1334, 1335,
1339, 1339a, 1339c, 1340, 1346, 1348, 1350, 1353, 1374, 1379b, 1379c,
1379d, 1379e, 1379g, 1379i, 1423, 1427, 1428, 1444, 1445a, and 1782 of
this title and section 590p of Title 16, Conservation, repealing
sections 1801 to 1816, 1821 to 1824, 1831, and 1832 to 1837 of this
title, enacting provisions set out as notes under this section and
sections 1282, 1301, 1332, 1334, 1339, 1350, 1359, 1379b, 1379c, 1379d,
1379i, 1428, 1441, and 1445a of this title and section 590p of Title 16,
and amending provisions set out as notes under sections 1339, 1379c, and
1427 of this title] may be cited as the `Food and Agriculture Act of
1965'.''
Minnesota-Wisconsin Price Series Reform
Section 103 of Pub. L. 101-624 provided that:
``(a) In General.--Within 60 days of the date of enactment of this
Act [Nov. 28, 1990], the Secretary of Agriculture shall commence to
accept alternative pricing formula recommendations, as they may relate
to the Minnesota-Wisconsin price series used to determine the minimum
prices paid under milk marketing orders, in order to amend such milk
marketing orders authorized under section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937. Among the alternative
pricing formulas to be considered by the Secretary shall be a price
series based on prices paid by milk processors for Grade A milk and
manufacturing grade milk that is used in the manufacture of dairy
products.
``(b) Availability of Data.--The Secretary shall compile and make
available to the public the historical and current data used to compare
the alternative pricing formulas submitted and recommended as provided
in subsection (a) with the existing Minnesota-Wisconsin price series.
``(c) Implementation in Federal Marketing Orders.--
``(1) Announcement of hearing.--Not later than October 1, 1991,
the Secretary shall--
``(A) announce a national hearing to consider the proposed
replacement of the Minnesota-Wisconsin price series in Federal
milk marketing orders; and
``(B) invite industry and consumer proposals on the specific
provisions to be considered for each order.
``(2) Report to congress.--On issuance of the final decision on
the hearing proposals, the Secretary shall report the decision to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
``(3) Opportunity for public comment.--The opportunity for
public comment on the recommended decision shall not be less than 30
legislative days. For purposes of this paragraph, the term
`legislative day' means a day on which either House of Congress is
in session.''
Hearings on Federal Milk Marketing Orders
Section 104 of Pub. L. 101-624 provided that: ``The Secretary of
Agriculture shall--
``(1) conclude the national hearings announced by the Secretary
on March 29, 1990, regarding possible changes in the pricing
provisions of Federal milk marketing orders; and
``(2) to the maximum extent practicable consistent with
applicable laws, effect any resulting system-wide changes in the
Federal orders setting minimum prices that milk processors must pay
for Grade A milk received from producers, by January 1, 1992.''
Status of Producer Handlers
Section 115 of title I of Pub. L. 101-624 provided that: ``The legal
status of producer handlers of milk under the Agricultural Adjustment
Act (7 U.S.C. 601 et seq.), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, shall be the same after
the amendments made by this title [enacting section 1446e of this title
and amending sections 450l, 608c, and 1446a of this title, section 713a-
14 of Title 15, Commerce and Trade, and provisions set out as notes
under sections 608c and 1731 of this title] take effect as it was before
the effective date of the amendments [see Effective Date of 1990
Amendment note set out under section 1421 of this title].''
Multiple Component Pricing Study
Section 116 of Pub. L. 101-624 provided that:
``(a) In General.--Not later than 60 days after the date of
enactment of this Act [Nov. 28, 1990], the Secretary of Agriculture
shall initiate a study to determine whether, and to what extent, milkfat
is being produced in the United States in excess of commercial market
needs as a result of any provision of law, regulation, or order that
affects the manner in which producers receive payment for milk on the
basis of the milk components contained in their marketings of milk under
any Federal or State milk pricing program.
``(b) Study.--In conducting the study, the Secretary shall assess
the potential impact on achieving balance in the production, marketing,
and domestic commercial use of milkfat through adoption of multiple
component pricing programs under Federal and State milk pricing
programs.
``(c) Report.--Not later that 180 days after the date of enactment
of this Act [Nov. 28, 1990], the Secretary shall--
``(1) report the results of the study conducted under subsection
(a), together with associated recommendations, to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate; and
``(2) publish the results of the study.
``(d) Implementation in Federal Marketing Orders.--On completion and
publication of the study described in this section, the Secretary
shall--
``(1) announce a national hearing to consider the adoption of
multiple component pricing provisions in individual Federal milk
marketing orders issued under section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937; and
``(2) invite industry and consumer proposals on the specific
provisions to be considered for each order.''
Marketwide Service Payments
Pub. L. 99-260, Sec. 9, Mar. 20, 1986, 100 Stat. 51, provided that:
``(a) Hearing.--Not later than 90 days after receipt of a proposal
to amend a milk marketing order in accordance with section 8c(5)(J) of
the Agricultural Adjustment Act, reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(5)(J)) (as
added by section 133 of the Food Security Act of 1985), the Secretary of
Agriculture shall conduct a hearing on the proposal.
``(b) Implementation.--Not later than 120 days after a hearing is
conducted under subsection (a), the Secretary shall implement, in
accordance with the Agricultural Adjustment Act [this chapter], a
marketwide service payment program under section 8c(5)(J) of such Act
that meets the requirements of such Act.''
Termination of Marketing Orders
Section 1662(b) of Pub. L. 99-198 provided that: ``The Secretary of
Agriculture may not terminate any marketing order under section 8c(16)
of the of the [so in original] Agricultural Adjustment Act (7 U.S.C.
608c(16)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, if such termination becomes effective before
January 16, 1986.''
Report to Houses of Congress Regarding Implementation of Provisions
Relating to Handling of Commodities
Section 401(b) of Pub. L. 95-279 provided that: ``Within a period of
sixty days following the second anniversary of the implementation of
this section, the Secretary of Agriculture shall submit to the Committee
on Agriculture of the House of Representatives and to the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that shall
describe in detail how this section has been implemented including, but
not limited to, information as to the issuance or amendment of any
affected order, the annual amount of assessments collected, in the
aggregate and by size and class of handler, the manner in which such
assessments were collected, the amount of direct expenditures credited
against the pro rata expense assessment obligations of each handler, and
the purpose to which such assessments and such direct expenditures of
each such handler were devoted.''
Retention of Status of Producer Handlers of Milk at Pre-1985 Amendment
Status
Section 134 of Pub. L. 99-198 provided that: ``The legal status of
producer handlers of milk under the Agricultural Adjustment Act (7
U.S.C. 601 et seq.), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, shall be the same after the amendments
made by this title [probably means this subtitle, subtitle C (Secs. 131-
134) of title I of Pub. L. 99-198, amending subsec. (5) of this section
and provisions set out as a note above] take effect as it was before the
effective date of such amendments.''
Retention of Status of Producer Handlers of Milk at Pre-1981 Amendment
Status
Section 102 of Pub. L. 97-98 provided that: ``The legal status of
producer handlers of milk under the provisions of the Agricultural
Adjustment Act, as reenacted and amended by the Agricultural Marketing
Agreement Act of 1937 [this chapter] shall be the same subsequent to the
adoption of the amendment made by the Agriculture and Food Act of 1981
[see Tables] as it was prior thereto.''
Retention of Status of Producer Handlers of Milk at Pre-1977 Amendment
Status
Pub. L. 95-113, title II, Sec. 202, Sept. 29, 1977, 91 Stat. 919,
provided that: ``The legal status of producer handlers of milk under the
provisions of the Agricultural Adjustment Act [see Short Title note set
out under section 601 of this title], as reenacted and amended by the
Agricultural Marketing Agreement Act of 1937, as amended [act June 3,
1937, ch. 296, 50 Stat. 246, set out as a note under section 601 of this
title] shall be the same subsequent to the adoption of the amendment
made by the Food and Agriculture Act of 1977 [see Short Title of 1977
Amendment note set out under section 1281 of this title] as it was prior
thereto.''
Retention of Status of Producer Handlers of Milk at Pre-1973 Amendment
Status
Section 206 of Pub. L. 91-524, as added by Pub. L. 93-86, Sec. 1(6),
Aug. 10, 1973, 87 Stat. 224; amended Pub. L. 93-125, Sec. 1(a)(iii),
Oct. 18, 1973, 87 Stat. 450, provided that: ``The legal status of
producer handlers of milk under the provisions of the Agricultural
Adjustment Act, as reenacted and amended by the Agricultural Marketing
Agreement Act of 1937, as amended, shall be the same subsequent to the
adoption of the amendments made by the Agriculture and Consumer
Protection Act of 1973 [amending this section and sections 450l, 1446,
and 1446a of this title] as it was prior thereto.''
Retention of Status of Producer Handlers of Milk at Pre-1970 Amendment
Status
Section 201(b) of Pub. L. 91-524 provided that: ``The legal status
of producer handlers of milk under the provisions of the Agricultural
Adjustment Act, as reenacted and amended by the Agricultural Marketing
Agreement Act of 1937, as amended, shall be the same subsequent to the
adoption of the amendments made by this Act [amending subsec. (5)(B) of
this section] as it was prior thereto.''
Ratification, Legalization, Confirmation, and Extension of Class I Base
Plan Provisions in Marketing Orders Issued Prior to Nov. 30, 1970
Section 201(c) of Pub. L. 91-524 provided that: ``Nothing in
subsection (a) of this section 201 [amending subsec. (5)(B) of this
section] shall be construed as invalidating any class I base plan
provisions of any marketing order previously issued by the Secretary of
Agriculture pursuant to authority contained in the Food and Agriculture
Act of 1965 (79 Stat. 1187), but such provisions are expressly ratified,
legalized, and confirmed and may be extended through and including
December 31, 1971.''
Reaffirmation of Subsec. (5)(G) of This Section
Section 201(d) of Pub. L. 91-524 provided that: ``It is not intended
that existing law be in any way altered, rescinded, or amended with
respect to section 8c(5)(G) of the Agricultural Adjustment Act, as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended [subsec. (5)(G) of this section], and such section
8c(5)(G) is fully reaffirmed.''
Validity of Section Affirmed
Act June 3, 1937, affirmed and validated, and reenacted without
change the provisions of this section, except for the amendments to
subsections (5)(B)(d) and (6)(B) by section 2 of the act, and the
addition of subsections (18) and (19) by said section 2. See note set
out under section 601 of this title.
Section Referred to in Other Sections
This section is referred to in sections 602, 608d, 608e-1, 610, 627,
672, 673, 853, 855, 1392, 1637a, 6409, 7253, 7256, 7401, 7982, 7983 of
this title.
