United States Code

USC most recently checked for updates: Jan 24, 2020

§ 499b–1.
Products produced in distinct geographic areas
(a)
In general
In the case of a perishable agricultural commodity (as defined under the Perishable Agricultural Commodity Act (7 U.S.C. 499a(4))— 1
1
 See References in Text note below.
(1)
subject to a Federal marketing order under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.);
(2)
traditionally identified as being produced in a distinct geographic area, State, or region; and
(3)
the unique identity, based on such distinct geographic area, of which has been promoted with funds collected through producer contributions pursuant to such marketing order,
no person may use the unique name or geographical designation of such commodity to promote the sale of a similar commodity produced outside such area, State, or region.
(b)
Penalties

A violation of this section shall be considered a violation of paragraphs (4) and (5) of section 2 of the Perishable Agricultural Commodities Act (7 U.S.C. 499b(4) and (5)).

(c)
Reimbursement

A person bringing a complaint under this section shall reimburse the Secretary of Agriculture for any and all costs associated with the enforcement of this section.

(d)
Prohibition

The Secretary of Agriculture shall not increase any fees charged under the Perishable Agricultural Commodities Act [7 U.S.C. 499a et seq.] to offset costs associated with the operation of this section.

(e)
Regulations

The Secretary shall promulgate regulations to carry out this section.

(Pub. L. 101–624, title XIII, § 1309, Nov. 28, 1990, 104 Stat. 3562.)
cite as: 7 USC 499b-1