
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1622]

 
                          TITLE 7--AGRICULTURE
 
     CHAPTER 38--DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 1622. Duties of Secretary relating to agricultural products

    The Secretary of Agriculture is directed and authorized:

(a) Determination of methods of processing, packaging, marketing, etc.; 
        publication of results

    To conduct, assist, and foster research, investigation, and 
experimentation to determine the best methods of processing, preparation 
for market, packaging, handling, transporting, storing, distributing, 
and marketing agricultural products: Provided, That the results of such 
research shall be made available to the public for the purpose of 
expanding the use of American agricultural products in such manner as 
the Secretary of Agriculture may determine.

(b) Determination of costs

    To determine costs of marketing agricultural products in their 
various forms and through the various channels and to foster and assist 
in the development and establishment of more efficient marketing methods 
(including analyses of methods and proposed methods), practices, and 
facilities, for the purpose of bringing about more efficient and orderly 
marketing, and reducing the price spread between the producer and the 
consumer.

(c) Improvement of standards of quality, condition, etc.; standard of 
        quality for ice cream

    To develop and improve standards of quality, condition, quantity, 
grade, and packaging, and recommend and demonstrate such standards in 
order to encourage uniformity and consistency in commercial practices. 
Within thirty days after September 29, 1977, the Secretary shall by 
regulation adopt a standard of quality for ice cream which shall provide 
that ice cream shall contain at least 1.6 pounds of total solids to the 
gallon, weigh not less than 4.5 pounds to the gallon and contain not 
less than 20 percent total milk solids, constituted of not less than 10 
percent milkfat. In no case shall the content of milk solids not fat be 
less than 6 percent. Whey shall not, by weight, be more than 25 percent 
of the milk solids not fat. Only those products which meet the standard 
issued by the Secretary may bear a symbol thereon indicating that they 
meet the Department of Agriculture standard for ``ice cream''.

(d) Elimination of artificial barriers to free movement

    To conduct, assist, foster, and direct studies and informational 
programs designed to eliminate artificial barriers to the free movement 
of agricultural products.

(e) Development of new markets

                           (1) In general

        To foster and assist in the development of new or expanded 
    markets (domestic and foreign) and new and expanded uses and in the 
    moving of larger quantities of agricultural products through the 
    private marketing system to consumers in the United States and 
    abroad.

                       (2) Fees and penalties

        (A) In general

            In carrying out paragraph (1), the Secretary may assess and 
        collect reasonable fees and late payment penalties to mediate 
        and arbitrate disputes arising between parties in connection 
        with transactions involving agricultural products moving in 
        foreign commerce under the jurisdiction of a multinational 
        entity.

        (B) Deposit

            Fees and penalties collected under subparagraph (A) shall be 
        deposited into the account that incurred the cost of providing 
        the mediation or arbitration service.

        (C) Availability

            Fees and penalties collected under subparagraph (A) shall be 
        available to the Secretary without further Act of appropriation 
        and shall remain available until expended to pay the expenses of 
        the Secretary for providing mediation and arbitration services 
        under this paragraph.

        (D) No requirement for use of services

            No person shall be required by the Secretary to use the 
        mediation and arbitration services provided under this 
        paragraph.

(f) Increasing consumer education

    To conduct and cooperate in consumer education for the more 
effective utilization and greater consumption of agricultural products: 
Provided, That no money appropriated under the authority of this chapter 
shall be used to pay for newspaper or periodical advertising space or 
radio time in carrying out the purposes of this section and subsection 
(e) of this section.

(g) Collection and dissemination of marketing information

    To collect and disseminate marketing information, including adequate 
outlook information on a market-area basis, for the purpose of 
anticipating and meeting consumer requirements, aiding in the 
maintenance of farm income, and bringing about a balance between 
production and utilization of agricultural products.

(h) Inspection and certification of products in interstate commerce; 
        credit and future availability of funds; investment; 
        certificates as evidence; penalties

    To inspect, certify, and identify the class, quality, quantity, and 
condition of agricultural products when shipped or received in 
interstate commerce, under such rules and regulations as the Secretary 
of Agriculture may prescribe, including assessment and collection of 
such fees as will be reasonable and as nearly as may be to cover the 
cost of the service rendered, to the end that agricultural products may 
be marketed to the best advantage, that trading may be facilitated, and 
that consumers may be able to obtain the quality product which they 
desire, except that no person shall be required to use the service 
authorized by this subsection. Any fees collected under this subsection, 
late payment penalties, the proceeds from the sales of samples, and 
interest earned from the investment of such funds shall be credited to 
the trust fund account that incurs the cost of the services provided 
under this subsection and shall remain available without fiscal year 
limitation to pay the expenses of the Secretary incident to providing 
such services. Such funds may be invested by the Secretary in insured or 
fully collateralized, interest-bearing accounts or, at the discretion of 
the Secretary, by the Secretary of the Treasury in United States 
Government debt instruments. Any official certificate issued under the 
authority of this subsection shall be received by all officers and all 
courts of the United States as prima facie evidence of the truth of the 
statements therein contained. Whoever knowingly shall falsely make, 
issue, alter, forge, or counterfeit any official certificate, 
memorandum, mark, or other identification, or device for making such 
mark or identification, with respect to inspection, class, grade, 
quality, size, quantity, or condition, issued or authorized under this 
section or knowingly cause or procure, or aid, assist in, or be a party 
to, such false making, issuing, altering, forging, or counterfeiting, or 
whoever knowingly shall possess, without promptly notifying the 
Secretary of Agriculture or his representative, utter, publish, or use 
as true, or cause to be uttered, published, or used as true, any such 
falsely made, altered, forged, or counterfeited official certificate, 
memorandum, mark, identification, or device, or whoever knowingly 
represents that an agricultural product has been officially inspected or 
graded (by an authorized inspector or grader) under the authority of 
this section when such commodity has in fact not been so graded or 
inspected shall be fined not more than $1,000 or imprisoned not more 
than one year, or both. Shell eggs packed under the voluntary grading 
program of the Department of Agriculture shall not have been shipped for 
sale previous to being packed under the program, as determined under a 
regulation promulgated by the Secretary.

(i) Development of facilities for assembling, processing, transporting, 
        etc.

    To determine the needs and develop or assist in the development of 
plans for efficient facilities and methods of operating such facilities 
for the proper assembly, processing, transportation, storage, 
distribution, and handling of agricultural products.

(j) Improvement of transportation facilities and rates

    To assist in improving transportation services and facilities and in 
obtaining equitable and reasonable transportation rates and services and 
adequate transportation facilities for agricultural products and farm 
supplies by making complaint or petition to the Interstate Commerce 
Commission, the Maritime Commission,,\1\ or other Federal or State 
transportation regulatory body, or the Secretary of Transportation, with 
respect to rates, charges, tariffs, practices, and services, or by 
working directly with individual carriers or groups of carriers.
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    \1\ So in original.
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(k) Collection and dissemination of marketing statistics

    To collect, tabulate, and disseminate statistics on marketing 
agricultural products, including, but not restricted to statistics on 
market supplies, storage stocks, quantity, quality, and condition of 
such products in various positions in the marketing channel, utilization 
of such products, and shipments and unloads thereof.

(l) Development of procurement standards and specifications

    To develop and promulgate, for the use and at the request of any 
Federal agency or State, procurement standards and specifications for 
agricultural products, and submit such standards and specifications to 
such agency or State for use or adoption for procurement purposes.

(m) Promotion of research for handling, storing, preserving, etc.

    To conduct, assist, encourage, and promote research, investigation, 
and experimentation to determine the most efficient and practical means, 
methods, and processes for the handling, storing, preserving, 
protecting, processing, and distributing of agricultural commodities to 
the end that such commodities may be marketed in an orderly manner and 
to the best interest of the producers thereof.

(n) General research, services, and activities

    To conduct such other research and services and to perform such 
other activities as will facilitate the marketing, distribution, 
processing, and utilization of agricultural products through commercial 
channels.

(Aug. 14, 1946, ch. 966, title II, Sec. 203, 60 Stat. 1087; Aug. 9, 
1955, ch. 632, Sec. 1, 69 Stat. 553; Pub. L. 95-113, title II, Sec. 206, 
Sept. 29, 1977, 91 Stat. 920; Pub. L. 97-31, Sec. 12(2), Aug. 6, 1981, 
95 Stat. 153; Pub. L. 98-403, Sec. 2, Aug. 28, 1984, 98 Stat. 1480; Pub. 
L. 98-443, Sec. 9(j), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 105-277, div. 
A, Sec. 101(a) [title VII, Sec. 755(a)], Oct. 21, 1998, 112 Stat. 2681, 
2681-34; Pub. L. 106-472, title III, Sec. 303, Nov. 9, 2000, 114 Stat. 
2069.)


                               Amendments

    2000--Subsec. (e). Pub. L. 106-472 inserted subsec. heading, 
designated existing provisions as par. (1), inserted par. heading, and 
added par. (2).
    1998--Subsec. (h). Pub. L. 105-277 inserted at end ``Shell eggs 
packed under the voluntary grading program of the Department of 
Agriculture shall not have been shipped for sale previous to being 
packed under the program, as determined under a regulation promulgated 
by the Secretary.''
    1984--Subsec. (h). Pub. L. 98-403 inserted provisions relating to 
the credit of certain funds to the trust fund account which incurs the 
cost of services provided under this subsection, the future availability 
of those funds, and investment thereof by the Secretary of Agriculture 
or the Secretary of the Treasury.
    Subsec. (j). Pub. L. 98-443 struck out ``the Civil Aeronautics 
Board'' after ``the Maritime Commission,''.
    1981--Subsec. (j). Pub. L. 97-31 inserted reference to Secretary of 
Transportation.
    1977--Subsec. (c). Pub. L. 95-113 inserted provisions relating to 
the setting of a standard of quality for ice cream.
    1955--Subsec. (h). Act Aug. 9, 1955, inserted sentence to provide 
penalties for forgery or alteration of inspection certificates, 
unauthorized use of official grade marks or designations, and false or 
deceptive reference to United States grade standards or services.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) 
of Pub. L. 98-443, set out as a note under section 5314 of Title 5, 
Government Organization and Employees.


                    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.

                          Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 of Title 49. References to Interstate Commerce 
Commission deemed to refer to Surface Transportation Board, a member or 
employee of the Board, or Secretary of Transportation, as appropriate, 
see section 205 of Pub. L. 104-88, set out as a note under section 701 
of Title 49.
    Section 304 of 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, 26 F.R. 
7315, 75 Stat. 840, set out in the Appendix to Title 5, Government 
Organization and Employees, abolished Federal Maritime Board, including 
offices of members of Board. Functions of Board transferred either to 
Federal Maritime Commission or to Secretary of Commerce by sections 103 
and 202 of 1961 Reorg. Plan No. 7.
    United States Maritime Commission abolished by 1950 Reorg. Plan No. 
21, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the 
Appendix of Title 5, Government Organization and Employees, which 
transferred part of its functions and part of functions of its Chairman 
to Federal Maritime Board and Chairman thereof, such Board having 
created by that Plan as an agency within Department of Commerce with an 
independent status in some respects, and transferred remainder of such 
Commission's functions and functions of its Chairman to Secretary of 
Commerce, with power vested in Secretary to authorize their performance 
by Maritime Administrator, head of Maritime Administration, which 
likewise was established by Plan in Department of Commerce with 
provision that chairman of said Federal Maritime Board should, ex 
officio, be such Administrator.
    Executive and administrative functions of Maritime Commission 
transferred to Chairman of Maritime Commission by 1949 Reorg. Plan No. 
6, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1069, set out in the 
Appendix to Title 5.


  Agricultural Processing Equipment; Inspection and Certification; Fee

    Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 729], Oct. 28, 2000, 114 
Stat. 1549, 1549A-33, provided that: ``Hereafter, none of the funds 
appropriated by this Act or any other Act may be used to:
        ``(1) carry out the proviso under 7 U.S.C. 1622(f); or
        ``(2) carry out 7 U.S.C. 1622(h) unless the Secretary of 
    Agriculture inspects and certifies agricultural processing 
    equipment, and imposes a fee for the inspection and certification, 
    in a manner that is similar to the inspection and certification of 
    agricultural products under that section, as determined by the 
    Secretary: Provided, That this provision shall not affect the 
    authority of the Secretary to carry out the Federal Meat Inspection 
    Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 
    U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 
    1031 et seq.).''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 106-78, title VII, Sec. 734, Oct. 22, 1999, 113 Stat. 1165.
    Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 747], Oct. 21, 
1998, 112 Stat. 2681, 2681-32, as amended by Pub. L. 106-31, title V, 
Sec. 5001(c), May 21, 1999, 113 Stat. 109.


Collection and Dissemination of Information on Prices Received for Bulk 
                                 Cheese

    Pub. L. 105-18, title II, Sec. 1001, June 12, 1997, 111 Stat. 172, 
provided that not later than 30 days after June 12, 1997, Secretary of 
Agriculture was to collect and disseminate, on weekly basis, 
statistically reliable information, obtained from cheese manufacturing 
areas in United States, on prices received and terms of trade involving 
bulk cheese, including information on national average price for bulk 
cheese sold through spot and forward contract transactions, and further 
provided for confidentiality of information provided to, or acquired by, 
Secretary, report to Congress not later than 150 days after June 12, 
1997, on rate of reporting compliance by cheese manufacturers with 
respect to information collected, and for termination of authority to 
collect information on Apr. 5, 1999.


       Lamb Price and Supply Reporting Services Report and System

    Pub. L. 102-237, title I, Sec. 124, Dec. 13, 1991, 105 Stat. 1844, 
provided that:
    ``(a) Report.--Not later than 90 days after the date of enactment of 
this Act [Dec. 13, 1991], the Secretary of Agriculture shall submit a 
report to the Committee on Agriculture of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry of the Senate 
on measures that are necessary to improve the lamb price and supply 
reporting services of the Department of Agriculture, including 
recommendations to establish a complete information gathering system 
that reflects the market structure of the national lamb industry. In 
preparing the report, the Secretary shall examine measures to improve 
information on--
        ``(1) price reporting series of wholesale, retail, box, carcass, 
    pelt, offal, and live lamb sales in the United States, including 
    markets in--
            ``(A) California (including San Francisco);
            ``(B) the East Coast region (including Washington, D.C.);
            ``(C) the Midwest region (including Chicago, Illinois);
            ``(D) Texas;
            ``(E) the Rocky Mountain region; and
            ``(F) Florida;
        ``(2) sheep and lamb inventories, including on-feed reports;
        ``(3) the price and supply relationships between retailers and 
    breakers;
        ``(4) the viability of voluntary or mandatory reporting for 
    sheep prices; and
        ``(5) information on the import and export of sheep, analyzed by 
    cut, carcass, box, breeder stock, and sex.
    ``(b) Price Discovery and Reporting System.--
        ``(1) System required.--Based on the report required under 
    subsection (a), the Secretary shall--
            ``(A) develop a price discovery system formula for the lamb 
        market, such as carcass equivalent pricing; and
            ``(B) establish a price discovery and reporting system for 
        the lamb market to assist lamb producers to better allocate 
        their resources and make informed production and marketing 
        decisions.
        ``(2) Implementation.--The price discovery and reporting system 
    for the lamb market shall be implemented by the Secretary not later 
    than 180 days after the date of the submission of the report.
        ``(3) Authorization of appropriations.--There are authorized to 
    be appropriated such sums as may be necessary to develop and 
    establish the system required under this subsection.
    ``(c) Consultation.--In preparing the report required under 
subsection (a) and establishing the price discovery and reporting system 
required under subsection (b), the Secretary shall consult with lamb 
producers and other persons in the national lamb industry.''


   Research To Investigate Extent to Which Grade Standards Governing 
  Cosmetic Appearance Affect Pesticide Use in Production of Perishable 
                 Commodities; Advisory Committee; Report

    Pub. L. 101-624, title XIII, subtitle C, Nov. 28, 1990, 104 Stat. 
3566, as amended by Pub. L. 102-237, title I, Sec. 114(a)(3), Dec. 13, 
1991, 105 Stat. 1838, provided that:
``SEC. 1351. DEFINITION.
    ``As used in this subtitle, the term `cosmetic appearance' means the 
exterior appearance of an agricultural commodity, including changes to 
that appearance resulting from superficial damage or other alteration 
that do not significantly affect yield, taste, or nutritional value.
``SEC. 1352. RESEARCH.
    ``(a) Requirement.--The Secretary of Agriculture shall conduct 
research to examine the effects, to the extent listed in subsection (b), 
of grade standards and other regulations, as developed and promulgated 
pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
seq.), and other statutes governing cosmetic appearance.
    ``(b) Scope of Research.--The primary goal of this research is to 
investigate the extent to which grade standards and other regulations 
governing cosmetic appearance affect pesticide use in the production of 
perishable commodities. The research shall also--
        ``(1) determine pesticide application levels for United States 
    perishable commodity production and assess trends, and factors 
    influencing those trends, of pesticide application levels since 
    1975;
        ``(2) determine the extent to which Federal grade standards and 
    other regulations affect pesticide use in agriculture for cosmetic 
    appearance;
        ``(3) determine the effect of reducing emphasis on cosmetic 
    appearance in grade standards and other regulations on--
            ``(A) the application and availability of pesticides in 
        agriculture;
            ``(B) the adoption of agricultural practices that result in 
        reduced pesticide use;
            ``(C) production and marketing costs;
            ``(D) domestic and international markets and trade for 
        perishable commodities;
        ``(4) determine the extent to which grade standards and other 
    regulations reflect consumer preferences;
        ``(5) develop options for implementation of food marketing 
    policies and practices that will remove obstacles that may exist to 
    pesticide use reduction, based on the findings of research conducted 
    under this section.
    ``(c) Field Research.--
        ``(1) Length of projects.--The Secretary of Agriculture shall 
    implement, not later than 12 months after the date of enactment of 
    this Act [Nov. 28, 1990], a minimum of three, 2-year market research 
    projects, in at least three States, to demonstrate and evaluate the 
    feasibility of consumer education and information programs.
        ``(2) Scope of field research.--Research under paragraph (1) 
    shall be conducted to evaluate programs designed to--
            ``(A) offer consumers choices among perishable commodities 
        produced with different production practices;
            ``(B) provide consumers with information about agricultural 
        practices used in the production of perishable commodities; or
            ``(C) educate the public about the relationship, as 
        determined in the research conducted under this subtitle, 
        between the cosmetic appearance of perishable commodities and 
        pesticide use.
    ``(d) Dissemination of Results.--The Secretary of Agriculture shall 
disseminate to concerned parties the results obtained from prior 
scientifically valid research concerning Federal marketing policies and 
practices described in this section to avoid any duplication of effort 
and to ensure that current knowledge concerning such policies and 
practices is enhanced.
    ``(e) Advisory Committee.--
        ``(1) Establishment.--The Secretary of Agriculture shall 
    establish an advisory committee for the purpose of providing ongoing 
    review of the implementation of the requirements in this section and 
    providing the Secretary of Agriculture with recommendations 
    regarding the implementation of those requirements.
        ``(2) Membership.--The Advisory Committee shall consist of 12 
    members comprised of three representatives from not-for-profit 
    consumer organizations, three representatives from not-for-profit 
    environmental organizations, three representatives from production 
    agriculture and the perishable commodity grower and shipper 
    community, and three representatives from the food retailing sector, 
    each with experience in the policy issues discussed in this section.
    ``(f) Report.--The Secretary of Agriculture shall report to Congress 
on the research conducted under this section no later than September 30, 
1992. The Secretary shall report on the research conducted under 
subsection (c) no later than September 30, 1993.
``SEC. 1353. CHANGES IN PROCEDURAL REGULATIONS.
    ``With regard to Federal grade standards developed and promulgated 
pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
seq.), the Secretary of Agriculture shall:
        ``(1) Take into account the impact of those standards on the 
    ability of perishable commodity growers to reduce the use of 
    pesticides.
        ``(2) Provide for citizens outside of the perishable commodity 
    industry fair and reasonable opportunity to formally petition a 
    change in grade standards.
        ``(3) Provide for a comment period after a formal petition to 
    change grade standards has been made to enable all interested 
    parties to submit information. The Secretary of Agriculture shall 
    evaluate the information and consider it in the revision process.
        ``(4) Provide interested parties with annual status reports 
    during the period 1992 through 1994, updated upon request, on all 
    pending grade standard changes the Department of Agriculture is 
    considering.
``SEC. 1354. AUTHORIZATION OF APPROPRIATIONS.
    ``There are authorized to be appropriated to carry out the 
activities required under this subtitle, $4,000,000 for each fiscal 
year.''

                  Section Referred to in Other Sections

    This section is referred to in section 2276 of this title; title 40 
section 474.
