
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC228]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
Sec. 228. Authority of Secretary


(a) Rules, regulations, and expenditures; appropriations

    The Secretary may make such rules, regulations, and orders as may be 
necessary to carry out the provisions of this chapter and may cooperate 
with any department or agency of the Government, any State, Territory, 
District, or possession, or department, agency, or political subdivision 
thereof, or any person; and shall have the power to appoint, remove, and 
fix the compensation of such officers and employees, not in conflict 
with existing law, and make such expenditures for rent outside the 
District of Columbia, printing, telegrams, telephones, law books, books 
of reference, periodicals, furniture, stationery, office equipment, 
travel, and other supplies and expenses as shall be necessary to the 
administration of this chapter in the District of Columbia and 
elsewhere, and as may be appropriated for by Congress, and there is 
authorized to be appropriated, out of any money in the Treasury not 
otherwise appropriated, such sums as may be necessary for such purpose.

(b) Deductions from proceeds for financing promotional, educational, and 
        research activities

    Notwithstanding any other provision of law, the authority of the 
Secretary under this chapter shall not apply to deductions made from 
sales proceeds for the purpose of financing promotion and research 
activities, including educational activities relating to livestock, 
meat, and other products covered by the chapter.

(c) Budget estimate; testimony of Secretary before Congressional 
        committees

    On or before February 15 of each calendar year beginning with 
calendar year 1977, or such other date as may be specified by the 
appropriate committee, the Secretary of Agriculture shall testify before 
the Senate Committee on Agriculture, Nutrition, and Forestry and the 
House Committee on Agriculture and provide justification in detail of 
the amount requested in the budget to be appropriated for the next 
fiscal year for the purposes authorized in this chapter.

(d) Development and promulgation of rules governing hearings

    The Secretary shall, not later than sixty days after September 13, 
1976, prescribe and implement rules to assure that any hearing from 
which any order may issue under this chapter or any hearing the expenses 
of which are paid from funds authorized to be appropriated under this 
chapter shall--
        (1) if such hearing concerns a single unit of local government 
    or the residents thereof, be held within the boundaries of such 
    unit;
        (2) if such hearing concerns a single geographic area within a 
    State or the residents thereof, be held within the boundaries of 
    such area; or
        (3) if such hearing concerns a single State or the residents 
    thereof, be held within such State.

(e) Definitions

    For the purposes of subsection (d) of this section--
        (1) the term ``unit of local government'' means a county, 
    municipality, town, township, village, or other unit of general 
    government below the State level; and
        (2) the term ``geographic area within a State'' means a special 
    purpose district or other region recognized for governmental 
    purposes within such State which is not a unit of local government.

(Aug. 15, 1921, ch. 64, title IV, Sec. 407, 42 Stat. 169; Pub. L. 85-
909, Sec. 4, Sept. 2, 1958, 72 Stat. 1750; Pub. L. 88-61, July 8, 1963, 
77 Stat. 79; Pub. L. 94-410, Sec. 11, Sept. 13, 1976, 90 Stat. 1252; 
Pub. L. 103-354, title II, Sec. 293(b), Oct. 13, 1994, 108 Stat. 3237; 
Pub. L. 103-437, Sec. 4(a)(2), Nov. 2, 1994, 108 Stat. 4581.)


                               Amendments

    1994--Subsec. (b). Pub. L. 103-354, Sec. 293(b)(1), (2), 
redesignated subsec. (c) as (b) and struck out former subsec. (b) which 
read as follows: ``The Secretary shall maintain within the Department of 
Agriculture a separate enforcement unit to administer and enforce 
subchapter II of this chapter.''
    Subsec. (c). Pub. L. 103-437, which directed the amendment of 
subsec. (d) by substituting ``Committee on Agriculture, Nutrition, and 
Forestry'' for ``Committee on Agriculture and Forestry'', was executed 
by making the amendment to subsec. (c) to reflect the probable intent of 
Congress and the intervening redesignation of subsec. (d) as (c) by Pub. 
L. 103-354. See below.
    Pub. L. 103-354, Sec. 293(b)(2), redesignated subsec. (d) as (c). 
Former subsec. (c) redesignated (b).
    Subsecs. (d) to (f). Pub. L. 103-354, Sec. 293(b)(2), (3), 
redesignated subsecs. (d) to (f) as (c) to (e), respectively, and in 
subsec. (e) substituted ``subsection (d)'' for ``subsection (e)''.
    1976--Subsecs. (d) to (f). Pub. L. 94-410 added subsecs. (d) to (f).
    1963--Subsec. (c). Pub. L. 88-61 added subsec. (c).
    1958--Pub. L. 85-909 designated existing provisions as subsec. (a) 
and added subsec. (b).
