§ 608e-1. — Import prohibitions on specified foreign produce.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC608e-1]
TITLE 7--AGRICULTURE
CHAPTER 26--AGRICULTURAL ADJUSTMENT
SUBCHAPTER III--COMMODITY BENEFITS
Sec. 608e-1. Import prohibitions on specified foreign produce
(a) Import prohibitions on tomatoes, avocados, limes, etc.
Subject to the provisions of subsections (c) and (d) of this section
and notwithstanding any other provision of law, whenever a marketing
order issued by the Secretary of Agriculture pursuant to section 608c of
this title contains any terms or conditions regulating the grade, size,
quality, or maturity of tomatoes, raisins, olives (other than Spanish-
style green olives), prunes, avocados, mangoes, limes, grapefruit, green
peppers, Irish potatoes, cucumbers, oranges, onions, walnuts, dates,
filberts, table grapes, eggplants, kiwifruit, nectarines, plums,
pistachios, apples, or caneberries (including raspberries, blackberries,
and loganberries) produced in the United States the importation into the
United States of any such commodity, other than dates for processing,
during the period of time such order is in effect shall be prohibited
unless it complies with the grade, size, quality, and maturity
provisions of such order or comparable restrictions promulgated
hereunder: Provided, That this prohibition shall not apply to such
commodities when shipped into continental United States from the
Commonwealth of Puerto Rico or any Territory or possession of the United
States where this chapter has force and effect: Provided further, That
whenever two or more such marketing orders regulating the same
agricultural commodity produced in different areas of the United States
are concurrently in effect, the importation into the United States of
any such commodity, other than dates for processing, shall be prohibited
unless it complies with the grade, size, quality, and maturity
provisions of the order which, as determined by the Secretary of
Agriculture, regulates the commodity produced in the area with which the
imported commodity is in most direct competition. Such prohibition shall
not become effective until after the giving of such notice as the
Secretary of Agriculture determines reasonable, which shall not be less
than three days. In determining the amount of notice that is reasonable
in the case of tomatoes the Secretary of Agriculture shall give due
consideration to the time required for their transportation and entry
into the United States after picking. Whenever the Secretary of
Agriculture finds that the application of the restrictions under a
marketing order to an imported commodity is not practicable because of
variations in characteristics between the domestic and imported
commodity he shall establish with respect to the imported commodity,
other than dates for processing, such grade, size, quality, and maturity
restrictions by varieties, types, or other classifications as he finds
will be equivalent or comparable to those imposed upon the domestic
commodity under such order. The Secretary of Agriculture may promulgate
such rules and regulations as he deems necessary, to carry out the
provisions of this section. Any person who violates any provision if \1\
this section or of any rule, regulation, or order promulgated hereunder
shall be subject to a forfeiture in the amount prescribed in section
608a(5) of this title or, upon conviction, a penalty in the amount
prescribed in section 608c(14) of this title, or to both such forfeiture
and penalty.
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\1\ So in original. Probably should be ``of''.
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(b) Extension of time for marketing order; factors; review
(1) The Secretary may provide for a period of time (not to exceed 35
days) in addition to the period of time covered by a marketing order
during which the marketing order requirements would be in effect for a
particular commodity during any year if the Secretary determines that
such additional period of time is necessary--
(A) to effectuate the purposes of this chapter; and
(B) to prevent the circumvention of the grade, size, quality, or
maturity standards of a seasonal marketing order applicable to a
commodity produced in the United States by imports of such
commodity.
(2) In making the determination required by paragraph (1), the
Secretary, through notice and comment procedures, shall consider--
(A) to what extent, during the previous year, imports of a
commodity that did not meet the requirements of a marketing order
applicable to such commodity were marketed in the United States
during the period that such marketing order requirements were in
effect for available domestic commodities (or would have been
marketed during such time if not for any additional period
established by the Secretary);
(B) if the importation into the United States of such commodity
did, or was likely to, circumvent the grade, size, quality or
maturity standards of a seasonal marketing order applicable to such
commodity produced in the United States; and
(C) the availability and price of commodities of the variety
covered by the marketing order during any additional period the
marketing order requirements are to be in effect.
(3) An additional period established by the Secretary in accordance
with this subsection shall be--
(A) announced not later than 30 days before the date such
additional period is to be in effect; and
(B) reviewed by the Secretary on request, through notice and
comment procedures, at least every 3 years in order to determine if
the additional period is still needed to prevent circumvention of
the seasonal marketing order by imported commodities.
(4) For the purposes of carrying out this subsection, the Secretary
is authorized to make such reasonable inspections as may be necessary.
(c) Notification of United States Trade Representative of import
restrictions; advisement of Secretary of Agriculture
Prior to any import prohibition or regulation under this section
being made effective with respect to any commodity--
(1) the Secretary of Agriculture shall notify the United States
Trade Representative of such import prohibition or regulation; and
(2) the United States Trade Representative shall advise the
Secretary of Agriculture, within 60 days of the notification under
paragraph (1), to ensure that the application of the grade, size,
quality, and maturity provisions of the relevant marketing order, or
comparable restrictions, to imports is not inconsistent with United
States international obligations under any trade agreement,
including the General Agreement on Tariffs and Trade.
(d) Proposed prohibition or regulation; authority of Secretary of
Agriculture to proceed
The Secretary may proceed with the proposed prohibition or
regulation if the Secretary receives the advice and concurrence of the
United States Trade Representative within 60 days of the notification
under subsection (c)(1) of this section.
(May 12, 1933, ch. 25, title I, Sec. 8e, as added Aug. 28, 1954, ch.
1041, title IV, Sec. 401(e), 68 Stat. 907; amended Aug. 31, 1954, ch.
1172, Sec. 3(a), 68 Stat. 1047; Pub. L. 87-128, title I, Sec. 141(5),
Aug. 8, 1961, 75 Stat. 305; Pub. L. 91-670, title IV, Sec. 401, Jan. 11,
1971, 84 Stat. 2047; Pub. L. 95-113, title X, Sec. 1006, Sept. 29, 1977,
91 Stat. 951; Pub. L. 97-312, Sec. 2, Oct. 14, 1982, 96 Stat. 1461; Pub.
L. 100-418, title IV, Sec. 4603, Aug. 23, 1988, 102 Stat. 1407; Pub. L.
101-624, title XIII, Secs. 1307, 1308, Nov. 28, 1990, 104 Stat. 3561;
Pub. L. 107-171, title X, Sec. 10601(b), May 13, 2002, 116 Stat. 511.)
Amendments
2002--Subsec. (a). Pub. L. 107-171 substituted ``apples, or
caneberries (including raspberries, blackberries, and loganberries)''
for ``or apples'' in first sentence.
1990--Subsec. (a). Pub. L. 101-624, Secs. 1307, 1308(1), substituted
``Subject to the provisions of subsections (c) and (d) of this section
and notwithstanding any other provision of law,'' for ``Notwithstanding
any other provision of law,'' and ``eggplants, kiwifruit, nectarines,
plums, pistachios, or apples'' for ``or eggplants''.
Subsecs. (c), (d). Pub. L. 101-624, Sec. 1308(2), added subsecs. (c)
and (d).
1988--Pub. L. 100-418 designated existing provisions as subsec. (a)
and added subsec. (b).
1982--Pub. L. 97-312 extended import prohibition to table grapes.
1977--Pub. L. 95-113 extended import prohibition to filberts.
1971--Pub. L. 91-670 extended import prohibition to raisins, olives
(other than Spanish-style green olives), and prunes.
1961--Pub. L. 87-128 extended importation prohibition to oranges,
onions, walnuts and dates, other than dates for processing.
1954--Act Aug. 31, 1954, made section applicable to mangoes.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Effective Date of 1954 Amendment
Section 3(b) of act Aug. 31, 1954, provided that: ``The amendment
made by this section [amending this section] shall become effective upon
the enactment of this Act [Aug. 31, 1954] or upon the enactment of the
Agricultural Act of 1954 [Aug. 28, 1954], whichever occurs later.''
