Collapse to view only § 2302. Definitions

§ 2301. Congressional findings and declaration of policy

Agricultural products are produced in the United States by many individual farmers and ranchers scattered throughout the various States of the Nation. Such products in fresh or processed form move in large part in the channels of interstate and foreign commerce, and such products which do not move in these channels directly burden or affect interstate commerce. The efficient production and marketing of agricultural products by farmers and ranchers is of vital concern to their welfare and to the general economy of the Nation. Because agricultural products are produced by numerous individual farmers, the marketing and bargaining position of individual farmers will be adversely affected unless they are free to join together voluntarily in cooperative organizations as authorized by law. Interference with this right is contrary to the public interest and adversely affects the free and orderly flow of goods in interstate and foreign commerce.

It is, therefore, declared to be the policy of Congress and the purpose of this chapter to establish standards of fair practices required of handlers in their dealings in agricultural products.

(Pub. L. 90–288, § 2, Apr. 16, 1968, 82 Stat. 93.)
§ 2302. Definitions
In this chapter:
(1) Agricultural products
(2)
(2) 1
1 So in original.
Association of producers
(A) In general
(B) Inclusion
(3)
(3) 1 Handler
(A) In general
(B) Exclusion
(4) Producer
(Pub. L. 90–288, § 3, Apr. 16, 1968, 82 Stat. 94; Pub. L. 110–234, title XI, § 11003, May 22, 2008, 122 Stat. 1354; Pub. L. 110–246, § 4(a), title XI, § 11003, June 18, 2008, 122 Stat. 1664, 2116.)
§ 2303. Prohibited practices
It shall be unlawful for any handler knowingly to engage or permit any employee or agent to engage in the following practices:
(a) To coerce any producer in the exercise of his right to join and belong to or to refrain from joining or belonging to an association of producers, or to refuse to deal with any producer because of the exercise of his right to join and belong to such an association; or
(b) To discriminate against any producer with respect to price, quantity, quality, or other terms of purchase, acquisition, or other handling of agricultural products because of his membership in or contract with an association of producers; or
(c) To coerce or intimidate any producer to enter into, maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers or a contract with a handler; or
(d) To pay or loan money, give any thing of value, or offer any other inducement or reward to a producer for refusing to or ceasing to belong to an association of producers; or
(e) To make false reports about the finances, management, or activities of associations of producers or handlers; or
(f) To conspire, combine, agree, or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by this chapter.
(Pub. L. 90–288, § 4, Apr. 16, 1968, 82 Stat. 94.)
§ 2304. Disclaimer of intention to prohibit normal dealing

Nothing in this chapter shall prevent handlers and producers from selecting their customers and suppliers for any reason other than a producer’s membership in or contract with an association of producers, nor require a handler to deal with an association of producers.

(Pub. L. 90–288, § 5, Apr. 16, 1968, 82 Stat. 95.)
§ 2305. Enforcement provisions
(a) Civil actions by persons aggrieved; preventive relief; attorneys’ fees; security
(b) Civil actions by Attorney General; Federal jurisdiction; complaint; preventive relief
(c) Suits by persons injured; Federal jurisdiction; amount of recovery; attorneys’ fees; limitation of actions
(d) Federal jurisdiction; exhaustion of other remedies; State laws and jurisdiction unaffected
(Pub. L. 90–288, § 6, Apr. 16, 1968, 82 Stat. 95.)
§ 2306. Separability

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.

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