1 So in original. Probably should be followed by a comma.
and apples), or any regional or market classification thereof, not subject to orders under (A) of this subdivision, but not the products (including canned or frozen commodities or products) thereof. No order issued pursuant to this section shall be effective as to cherries, apples, or cranberries for canning or freezing unless the Secretary of Agriculture determines, in addition to other required findings and determinations, that the issuance of such order is approved or favored by processors who, during a representative period determined by the Secretary, have engaged in canning or freezing such commodity for market and have frozen or canned more than 50 per centum of the total volume of the commodity to be regulated which was canned or frozen within the production area, or marketed within the marketing area, defined in such order, during such representative period. No order issued pursuant to this section shall be applicable to peanuts produced in more than one of the following production areas: the Virginia-Carolina production area, the Southeast production area, and the Southwest production area. If the Secretary determines that the declared policy of this chapter will be better achieved thereby (i) the commodities of the same general class and used wholly or in part for the same purposes may be combined and treated as a single commodity and (ii) the portion of an agricultural commodity devoted to or marketed for a particular use or combination of uses, may be treated as a separate agricultural commodity. All agricultural commodities and products covered hereby shall be deemed specified herein for the purposes of subsections (6) and (7).
2 So in original.
[(e) omitted] and (f) a further adjustment, equitably to apportion the total value of milk purchased by any handler or by all handlers among producers on the basis of the milk components contained in their marketings of milk 
3 So in original. Probably should be followed by a period.
4 So in original. Probably should be “paragraph”.
may be deducted from funds due producers in computing total pool value or otherwise computing total funds due producers and such deductions shall be in addition to the adjustments authorized by paragraph (B) of this subsection. Provision may be made in the order to exempt, or allow suitable adjustments or credits in connection with, milk on which a mandatory checkoff for advertising or marketing research is required under the authority of any State law. Such funds shall be paid to an agency organized by milk producers and producers’ cooperative associations in such form and with such methods of operation as shall be specified in the order. Such agency may expend such funds for any of the purposes authorized by this subparagraph 
5 So in original. Probably should be “clause”.
(ii) to each respective producer of hops; such allotment shall constitute an allotment fixed for that handler within the meaning of subsection (5) of
6 So in original. Probably should be capitalized.
a method for fixing the size, capacity, weight, dimensions, or pack of the container, or containers, which may be used in the packaging, transportation, sale, shipment, or handling of any fresh or dried fruits, vegetables, or tree nuts:
7 So in original. Probably should be a period.
8 So in original. Probably should be “Florida-grown”.
strawberries, or cranberries, such proj­ects may provide for any form of marketing promotion including paid advertising and with respect to almonds, filberts (otherwise known as hazelnuts), raisins, walnuts, olives, Florida Indian River grapefruit, and cranberries may provide for crediting the pro rata expense assessment obligations of a handler with all or any portion of his direct expenditures for such marketing promotion including paid advertising as may be authorized by the order and when the handling of any commodity for canning or freezing is regulated, then any such projects may also deal with the commodity or its products in canned or frozen form:
Editorial Notes
References in Text

The Naval Stores Act, referred to in subsec. (2)(A), is act Mar. 3, 1923, ch. 217, 42 Stat. 1435, which is classified generally to chapter 4 (§ 91 et seq.) of this title. For complete classification of this Act to the Code, see section 91 of this title and Tables.

For the effective date of this sentence, referred to in subsec. (5)(A), see section 1403(span) of Puspan. L. 115–334, set out as an Effective Date of 2018 Amendment note below.

The Standard Containers Act of 1916 and the Standard Containers Act of 1928, referred to in subsec. (6)(H), are act Aug. 31, 1916, ch. 426, 39 Stat. 673, as amended, and act May 21, 1928, ch. 664, 45 Stat. 685, as amended, respectively, and were repealed by Puspan. L. 90–628, § 1(a), (span), Oct. 22, 1968, 82 Stat. 1320.

The date of enactment of this subparagraph, referred to in subsec. (17)(B)(i), (iii), is the date of enactment of Puspan. L. 110–246, which was approved June 18, 2008.

Codification

Subsec. 5(B)(e), which permitted a provision for the accumulation and disbursement of a fund to encourage seasonal adjustments in the production of milk to be included in an order, was omitted as terminated. See Effective and Termination Dates of 1981 Amendment note set out below.

Subsec. (5)(H), which permitted marketing orders applicable to milk and its products to be limited in application to milk used for manufacturing, was omitted as terminated. See Termination of 1965 Amendment note set out below.

Phrase “, with the approval of the President,” following “Secretary of Agriculture” in introductory provisions of subsec. (9) of this section, was omitted on the authority of section 102 of 1947 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the function of the President with respect to approving determinations of the Secretary of Agriculture in connection with agricultural marketing orders under this section.

The words “(including the district court of the United States for the District of Columbia)” in subsec. (15)(B) following “The District Courts of the United States” have been deleted as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.”, and section 88 of said Title 28 which states in part that “The District of Columbia constitutes one judicial district.”

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2018—Subsec. (5)(A). Puspan. L. 115–334 added third sentence and struck out former third sentence and table which related to minimum aggregate dollar amount of adjustments to prices for milk of the highest use classification under orders that were in effect under this section on Dec. 23, 1985, and fourth sentence which related to adjustment of prices for locations specified in the table at which delivery of such milk was made.

2008—Subsec. (17). Puspan. L. 110–246, § 1504, added subsec. (17) and struck out former subsec. (17). Prior to amendment, text read as follows: “The provisions of this section, section 608d of this title, applicable to orders shall be applicable to amendments to orders: Provided, That notice of a hearing upon a proposed amendment to any order issued pursuant to this section, given not less than three days prior to the date fixed for such hearing, shall be deemed due notice thereof.”

2006—Subsec. (5)(M) to (O). Puspan. L. 109–215, § 2(a), added pars. (M) to (O).

Subsec. (11). Puspan. L. 109–215, § 2(span)(1), which directed striking out last sentence in subpar. (C), was executed by striking out concluding provisions “The price of milk paid by a handler at a plant operating in Clark County, Nevada shall not be subject to any order issued under this section.” which followed subpar. (C) to reflect the probable intent of Congress.

Subsec. (11)(D). Puspan. L. 109–215, § 2(span)(2), added par. (D).

2004—Subsec. (7)(C). Puspan. L. 108–379, in concluding provisions, struck out “or pears” after “grapefruit” and “: Provided, That in a marketing order applicable to pears for canning or freezing the representation of processors and producers on such agency shall be equal” before period at end.

2002—Subsec. (2)(A). Puspan. L. 107–171, § 10601(a)(1), inserted “caneberries (including raspberries, blackberries, and loganberries),” after “other than pears, olives, grapefruit, cherries,”.

Subsec. (6)(I). Puspan. L. 107–171, § 10601(a)(2), substituted “tomatoes, caneberries (including raspberries, blackberries, and loganberries),” for “tomatoes,,” in first proviso.

2001—Subsec. (1). Puspan. L. 107–76, which directed insertion of “The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year.” at end of penultimate sentence of section 8c(1) of the Agricultural Marketing Agreement Act of 1937, was executed to this section, which is section 8c(1) of the Agricultural Adjustment Act, to reflect the probable intent of Congress.

1999—Subsec. (6)(I). Puspan. L. 106–78, § 757(a)(2), substituted “Florida Indian River grapefruit, and cranberries” for “and Florida Indian River grapefruit” in first proviso.

Puspan. L. 106–78, § 757(a)(1), which directed substitution of “, Florida grown strawberries, or cranberries” for “or Florida grown strawberries” in first proviso, was executed by making the substitution for “or Florida-grown strawberries” to reflect the probable intent of Congress.

Subsec. (11). Puspan. L. 106–78, § 760, inserted at end “The price of milk paid by a handler at a plant operating in Clark County, Nevada shall not be subject to any order issued under this section.”

1992—Subsec. (1). Puspan. L. 102–553 inserted at end “In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations.”

1991—Subsec. (5)(B). Puspan. L. 102–237 substituted “, and” for “and,” before cl. (f).

1990—Subsec. (5)(B)(f). Puspan. L. 101–624, § 112, added cl. (f).

Subsec. (5)(L). Puspan. L. 101–624, § 113, added par. (L).

Subsec. (14)(A). Puspan. L. 101–624, § 1306(1), struck out “(other than a provision calling for payment of a pro rata share of expenses)” before “shall, on conviction” and substituted “. If” for “: Provided, That if”.

Subsec. (14)(B). Puspan. L. 101–624, § 1306(2), struck out “(other than a provision calling for payment of a pro rata share of expenses)” before “may be assessed”.

1988—Subsec. (5)(K). Puspan. L. 100–418, § 4601, added par. (K).

Subsec. (6)(I). Puspan. L. 100–418, § 4602, substituted “tomatoes, or Florida-grown strawberries,” for “or tomatoes” in first proviso.

1987—Subsec. (14). Puspan. L. 100–203 designated existing provisions as par. (A) and added par. (B).

1985—Subsec. (5)(A). Puspan. L. 99–198, § 131(a), inserted provisions, with accompanying table, establishing the minimum aggregate amounts of the adjustments under cls. (1) and (2) to prices for milk of the highest use classification under orders in effect on Dec. 23, 1985, and requiring that such prices be adjusted for the locations at which delivery of such milk is made to such handlers.

Subsec. (5)(J). Puspan. L. 99–198, § 133, added par. (J).

Subsec. (14). Puspan. L. 99–198, § 1661(a), substituted “$5,000” for “$500”.

Subsec. (16)(A). Puspan. L. 99–198, § 1662(a)(1), designated existing provisions of par. (A) as cl. (i), substituted “Except as provided in clause (ii), the Secretary” for “The Secretary”, and added cl. (ii).

Subsec. (16)(C). Puspan. L. 99–198, § 1662(a)(2), substituted “Except as otherwise provided in this subsection with respect to the termination of an order issued under this section, the termination” for “The termination”.

1983—Subsec. (2)(B). Puspan. L. 98–180, § 304(1), substituted “poultry (but not excepting turkeys and not excepting poultry which produce commercial eggs),” for “poultry (but not excepting turkeys), eggs (but not excepting turkey hatching eggs),”.

Subsec. (6)(I). Puspan. L. 98–180, § 304(2), inserted “eggs,” after “pecans,” in first proviso.

Puspan. L. 98–171 inserted, in first proviso, “filberts (otherwise known as hazelnuts),” after “almonds,” in two places.

1981—Subsec. (5)(B). Puspan. L. 97–98, § 101(a)(1), temporarily added cls. (d) and (e) and struck out former cl. (d) which read as follows: “a further adjustment, equitably to apportion the total value of the milk purchased by any handler, or by all handlers, among producers and associations of producers, on the basis of their marketings of milk during a representative period of time.” See Effective and Termination Dates of 1981 Amendment note below.

Subsec. (17). Puspan. L. 97–98, § 101(a)(2), temporarily struck out period at end and added second proviso related to provisions governing procedures when one-third or more of producers apply in writing for a hearing on a proposed amendment of an order, prohibiting any construction of subsec. (12) in a way which might permit cooperatives to act for their members in applying for hearings, and excusing the Secretary from the requirement of having to call a hearing on proposed amendments to an order in response to an application for such a hearing when the application for such a hearing is received by the Secretary within ninety days after the date on which the Secretary has announced his decision on a previously proposed amendment to such order and the two proposed amendments are essentially the same. See Effective and Termination Dates of 1981 Amendment note below. A substantially identical amendment was temporarily made by Puspan. L. 91–524, § 201(f)(1), as added by Puspan. L. 93–86, see 1970 Amendment note and Termination of 1970 Amendment note below.

Subsec. (18). Puspan. L. 97–98, § 101(a)(3), temporarily inserted “to meet current needs and further to assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs” after “pure and wholesome milk”. See Effective and Termination Dates of 1981 Amendment note below. An identical amendment was temporarily made by Puspan. L. 91–524, § 201(f)(2), as added by Puspan. L. 93–86, see 1970 Amendment note and Termination of 1970 Amendment note below.

1980—Subsec. (6)(I). Puspan. L. 96–494 inserted, in first proviso, “walnuts,” before “or tomatoes” and “walnuts, olives,” before “and Florida Indian River grapefruit”.

1978—Subsec. (6)(I). Puspan. L. 95–279 inserted, in first proviso, “raisins,” after “apples,” and “, raisins,” after “with respect to almonds”.

1973—Subsec. (6)(I). Puspan. L. 93–230 inserted “and Florida Indian River grapefruit” after “with respect to almonds” in first proviso.

Subsec. (17). Puspan. L. 93–86 added Puspan. L. 91–524, § 201(f)(1). See 1970 Amendment note below.

Subsec. (18). Puspan. L. 93–86 added Puspan. L. 91–524, § 201(f)(2). See 1970 Amendment note below.

1972—Subsec. (2)(A). Puspan. L. 92–466, § 1(1), inserted “pears,” after “canned or frozen” the first time appearing and before “olives,”.

Puspan. L. 92–233, § 1(1), inserted “and not including potatoes for canning, freezing, or other processing” after “vegetables (not including vegetables, other than asparagus, for canning or freezing”. The amendment served to make permanent the temporary exemption first inserted by Puspan. L. 91–196, § 1(1). See 1970 Amendment note and Effective Date of 1970 Amendment note below.

Subsec. (2)(B). Puspan. L. 92–233, § 1(2), inserted “including potatoes for canning, freezing, or other processing” after “fruits and vegetables for canning or freezing,”. The amendment served to make permanent the temporary exemption first inserted by Puspan. L. 91–196, § 1(2). See 1970 Amendment note and Effective Date of 1970 Amendment note below.

Subsec. (6)(I). Puspan. L. 92–466, § 1(2), in first proviso, struck out “fresh” before “pears” and inserted at end “and when the handling of any commodity for canning or freezing is regulated, then any such projects may also deal with the commodity or its products in canned or frozen form”.

Subsec. (6)(J). Puspan. L. 92–466, § 1(5), added par. (J).

Subsec. (7)(C). Puspan. L. 92–466, § 1(3), inserted “or pears” after “a marketing order applicable to grapefruit”, struck out period at end, and inserted “: Provided, That in a marketing order applicable to pears for canning or freezing the representation of processors and producers on such agency shall be equal.”

Subsec. (19). Puspan. L. 92–466, § 1(4), inserted provision respecting producer or processor referendum for approving order applicable to pears for canning or freezing.

1971—Subsec. (5)(I). Puspan. L. 91–670, § 101, added par. (I).

Subsec. (6)(I). Puspan. L. 92–120 inserted “California-grown peaches,” after “applicable to almonds,” in first proviso.

Puspan. L. 91–670, § 201, substituted “apples, or tomatoes” for “or apples” in first proviso.

1970—Subsec. (2)(A). Puspan. L. 91–341 substituted “Connecticut, Colorado, Utah, New Mexico, Illinois, and Ohio” for “and Connecticut”.

Puspan. L. 91–196, § 1(1), temporarily inserted “and not including potatoes for canning, freezing, or other processing” after “vegetables (not including vegetables, other than asparagus, for canning or freezing”. See Effective Date of 1970 Amendment note below.

Subsec. (2)(B). Puspan. L. 91–196, § 1(2), temporarily inserted “including potatoes for canning, freezing, or other processing,” after “fruits and vegetables for canning or freezing,”. See Effective Date of 1970 Amendment note below.

Subsec. (5)(B). Puspan. L. 91–524, § 201(a), temporarily added cls. (d) to (f) and struck out former cl. (d) and concluding provisions. See Termination of 1970 Amendment note below.

Subsec. (6)(I). Puspan. L. 91–522 inserted “almonds,” before “cherries” in first proviso, inserted at end of first proviso “and with respect to almonds may provide for crediting the pro rata expense assessment obligations of a handler with all or any portion of his direct expenditures for such marketing promotion including paid advertising as may be authorized by the order”, and amended second proviso generally.

Puspan. L. 91–384 inserted “papayas,” after “applicable to cherries,” in first proviso.

Puspan. L. 91–363 substituted “avocados, or apples” for “or avocados” in first proviso.

Puspan. L. 91–292 which directed the insertion of “production research,” after “Establishing or providing for the establishment of”, was executed by making the insertion after “establishing or providing for the establishment of” to reflect the probable intent of Congress, inserted “or efficient production” after “consumption”, and struck out period at end and inserted “: Provided further, That the inclusion in a Federal marketing order of provisions for research shall not be deemed to preclude, preempt or supersede research provisions in any State program covering the same commodity.”

Subsec. (17). Puspan. L. 91–524, § 201(f)(1), as added by Puspan. L. 93–86, temporarily struck out period at end and added second proviso related to provisions governing procedures when one-third or more of producers apply in writing for a hearing on a proposed amendment of an order, prohibiting any construction of subsec. (12) in a way which might permit cooperatives to act for their members in applying for hearings, and excusing the Secretary from the requirement of having to call a hearing on proposed amendments to an order in response to an application for such a hearing when the application for such a hearing is received by the Secretary within ninety days after the date on which the Secretary has announced his decision on a previously proposed amendment to such order and the two proposed amendments are essentially the same. See Termination of 1970 Amendment note below.

Subsec. (18). Puspan. L. 91–524, § 201(f)(2), as added by Puspan. L. 93–86, temporarily inserted “to meet current needs and further to assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs” after “pure and wholesome milk”. See Termination of 1970 Amendment note below.

1965—Subsec. (5)(B). Puspan. L. 89–321, § 101, temporarily added cl. (d) and concluding provisions and struck out former cl. (d). See Termination of 1965 Amendments note below.

Subsec. (5)(H). Puspan. L. 89–321, § 102(a), temporarily added par. (H). See Termination of 1965 Amendments note below.

Subsec. (6)(I). Puspan. L. 89–330 inserted “, carrots, citrus fruits, onions, Tokay grapes, fresh pears, dates, plums, nectarines, celery, sweet corn, limes, olives, pecans, or avocados” after “applicable to cherries” in proviso.

Subsec. (18). Puspan. L. 89–321, § 102(span), temporarily inserted “or, in the case of orders applying only to manufacturing milk, the production area” after “marketing area” in two places. See Termination of 1965 Amendments note below.

1962—Subsec. (6)(I). Puspan. L. 87–703 struck out period at end and inserted “: Provided, That with respect to orders applicable to cherries such projects may provide for any form of marketing promotion including paid advertising.”

1961—Subsec. (2). Puspan. L. 87–128, § 141(3), designated provisions after “applicable only to” as par. (A), inserted “cherries, apples, or cranberries,” after “grapefruit,” the first time appearing, substituted “Idaho, New York, Michigan, Maryland, New Jersey, Indiana, California, Maine, Vermont, New Hampshire, Rhode Island, Massachusetts, and Connecticut, and not including fruits for canning or freezing other than olives, grapefruit, cherries, cranberries, and apples produced in the States named above except Washington, Oregon, and Idaho)” for “and Idaho, and not including fruits, other than olives and grapefruit, for canning or freezing)”, struck out “soybeans,” before “hops, honeybees”, and added par. (B).

Subsec. (19). Puspan. L. 87–128, § 141(4), amended text generally.

1954—Subsec. (2). Act Aug. 28, 1954, § 401(span), amended text generally.

Subsec. (6). Act Aug. 28, 1954, § 401(c), added introductory provisions and struck out former introductory provisions and added pars. (H) and (I).

Subsec. (7)(C). Act Aug. 28, 1954, § 401(d), inserted at end “There shall be included in the membership of any agency selected to administer a marketing order applicable to grapefruit for canning or freezing one or more representatives of processors of the commodity specified in such order.”

1949—Subsecs. (2), (6). Act June 29, 1949, inserted “filberts, almonds,” before “pecans and walnuts” in subsec. (2) and in introductory provisions of subsec. (6).

1948—Subsec. (17). Act July 3, 1948, § 302(c), struck out “and section 608e of this title”.

Subsec. (18). Act July 3, 1948, § 302(span), amended text generally.

1947—Subsec. (2). Act Aug. 1, 1947, § 4, inserted “or freezing” after “canning” in two places.

Subsec. (6). Act Aug. 1, 1947, § 2, amended text generally.

1942—Subsec. (6). Act Fespan. 10, 1942, substituted “hops and their products,” for “hops,” in introductory provisions and added par. (F).

1939—Subsecs. (2), (6). Act May 31, 1939, made technical amendment to Act June 3, 1937, § 2, by adding a subsection (m) designation at the end thereof and amended this section by inserting “, other than apples produced in the States of Washington, Oregon, and Idaho,” after “apples” in subsec. (2) and in introductory provisions of subsec. (6).

1938—Subsec. (2). Act Apr. 13, 1938, § 1, inserted “, hops,” after “soybeans”.

Subsec. (6). Act Apr. 13, 1938, § 2, inserted “, hops,” after “soybeans and their products” in introductory provisions.

1937—Act June 3, 1937, § 1, affirmed, validated, and reenacted provisions of section. See Validity of Section Affirmed note below.

Subsec. (2). Act Aug. 5, 1937, amended act June 3, 1937, by adding thereto subsec. (k), which in turn directed the insertion of “and the products of honeybees” after “except the products of naval stores”, which was executed by making the insertion after “except products of naval stores”, to reflect the probable intent of Congress and inserted “, honeybees” after “soybeans”.

Subsec. (5)(B)(d). Act June 3, 1937, § 2(d), substituted “marketings of milk” for “production of milk”.

Subsec. (6). Act Aug. 5, 1937, amended act June 3, 1937, by adding subsec. (l), which in turn amended subsec. (6) by inserting “honeybees,” after “soybeans and their products,” in introductory provisions.

Subsec. (6)(B). Act June 3, 1937, § 2(e), struck out “produced or” before “sold by such producers” and substituted “quantities available for sale by” for “production or sales of”.

Subsecs. (18), (19). Act June 3, 1937, § 2(f), added subsecs. (18) and (19).

1936—Subsec. (15)(B). Act June 25, 1936, provided that the Supreme Court of the District of Columbia should thereafter be known as the “district court of the United States for the District of Columbia”. See Codification note above.

1935—Act Aug. 24, 1935, added section to the Agricultural Adjustment Act and struck out former section 608(3) of this title.

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Puspan. L. 115–334, title I, § 1403(span), Dec. 20, 2018, 132 Stat. 4518, provided that:

“(1)Effective date.—The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning more than 120 days after the date of enactment of this Act [Dec. 20, 2018].
“(2)Implementation.—Implementation of the amendment made by subsection (a) shall not be subject to any of the following:
“(A) The notice and comment provisions of section 553 of title 5, United States Code.
“(B) The notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 [act June 3, 1937].
“(C) The order amendment requirements of section 8c(17) of that Act (7 U.S.C. 608c(17)).
“(D) A referendum under section 8c(19) of that Act (7 U.S.C. 608c(19)).”

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Effective Date of 2006 Amendment

Puspan. L. 109–215, § 2(d), Apr. 11, 2006, 120 Stat. 330, provided that: “The amendments made by this section [amending this section] take effect on the first day of the first month beginning more than 15 days after the date of the enactment of this Act [Apr. 11, 2006]. To accomplish the expedited implementation of these amendments, effective on the date of the enactment of this Act, the Secretary of Agriculture shall include in the pool distributing plant provisions of each Federal milk marketing order issued under subparagraph (B) of section 8c(5) of the Agriculture Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agriculture [Agricultural] Marketing Agreement Act of 1937, a provision that a handler described in subparagraph (M) of such section, as added by subsection (a) of this section, will be fully regulated by the order in which the handler’s distributing plant is located. These amendments shall not be subject to a referendum under section 8c(19) of such Act (7 U.S.C. 608c(19)).”

Effective Date of 1999 Amendment

Puspan. L. 106–78, title VII, § 760, Oct. 22, 1999, 113 Stat. 1173, provided that the amendment made by section 760 is effective Oct. 1, 1999.

Effective Date of 1990 Amendment

Amendments by sections 112 and 113 of Puspan. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Puspan. L. 101–624, set out as a note under section 1421 of this title.

Effective Dates of 1985 Amendment

Puspan. L. 99–198, title I, § 131(span), Dec. 23, 1985, 99 Stat. 1373, provided that: “The amendment made by this section [amending this section] shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act [Dec. 23, 1985].”

Puspan. L. 99–198, title I, § 133, Dec. 23, 1985, 99 Stat. 1373, provided that the amendment made by that section is effective Jan. 1, 1986.

Puspan. L. 99–198, title XVI, § 1661(span), Dec. 23, 1985, 99 Stat. 1630, provided that: “The amendment made by subsection (a) [amending this section] shall not apply with respect to any violation described in section 8c(14) of the Agricultural Adjustment Act [subsec. (14) of this section] occurring before the date of the enactment of this Act [Dec. 23, 1985].”

Effective and Termination Dates of 1981 Amendment

Puspan. L. 97–98, title I, § 101(span), Dec. 22, 1981, 95 Stat. 1219, as amended by Puspan. L. 99–198, title I, § 132, Dec. 23, 1985, 99 Stat. 1373; Puspan. L. 101–624, title I, § 108, Nov. 28, 1990, 104 Stat. 3380; Puspan. L. 103–66, title I, § 1105(span), Aug. 10, 1993, 107 Stat. 317, provided that: “The provisions of subsection (a) [amending this section] shall become effective January 1, 1982, and shall terminate December 31, 1996.”

Effective Date of 1978 Amendment

Puspan. L. 95–279, title IV, § 401(a), May 15, 1978, 92 Stat. 242, provided that the amendment made by that section is effective Oct. 1, 1978.

Effective Date of 1970 Amendment

Puspan. L. 91–196, § 2, Fespan. 20, 1970, 84 Stat. 14, provided that: “The amendments made by this Act [amending this section] shall be effective only during the period beginning with the date of enactment of this Act [Fespan. 20, 1970] and ending two years after such date.”The limited effective period beginning Fespan. 20, 1970, and ending two years after such date for the amendments made by Puspan. L. 91–196 was removed as a result of the enactment of Puspan. L. 92–233, Fespan. 15, 1972, 86 Stat. 39, which made amendments to the section substantively identical to those made by Puspan. L. 91–196 but without a time limit on such amendments of the type which had limited the duration of such earlier Puspan. L. 91–196 amendments.

Termination of 1970 Amendment; Savings Provision

Puspan. L. 91–524, title II, § 201(e), Nov. 30, 1970, 84 Stat. 1361, as amended by Puspan. L. 93–86, § 1(2)(A), Aug. 10, 1973, 87 Stat. 222; Puspan. L. 95–113, title II, § 201, Sept. 29, 1977, 91 Stat. 919, provided that: “The provisions of this section [amending this section] shall not be effective after December 31, 1981, except with respect to orders providing for class I base plans issued prior to such date, but in no event shall any order so issued extend or be effective beyond December 31, 1984.”

Termination of 1965 Amendment; Reversion of Status of Producer Handlers of Milk to Pre-Amendment Status

Puspan. L. 89–321, title I, §§ 103, 104, Nov. 3, 1965, 79 Stat. 1188, as amended by Puspan. L. 90–559, § 1(3), Oct. 11, 1968, 82 Stat. 996, provided that:

“Sec. 103. The provisions of this title [amending this section] shall not be effective after December 31, 1970.
“Sec. 104. The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, shall be the same subsequent to the adoption of the amendments made by this title [amending this section] as it was prior thereto.”

Effective Date of 1948 Amendment

Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title.

Short Title

Puspan. L. 89–321, § 1, Nov. 3, 1965, 79 Stat. 1187, provided: “That this Act [enacting sections 1305, 1306, 1316, 1344span, 1379, 1446a–1, and 1838 of this title, amending this section and sections 1301, 1314span, 1332, 1333, 1334, 1335, 1339, 1339a, 1339c, 1340, 1346, 1348, 1350, 1353, 1374, 1379span, 1379c, 1379d, 1379e, 1379g, 1379i, 1423, 1427, 1428, 1444, 1445a, and 1782 of this title and section 590p of Title 16, Conservation, repealing sections 1801 to 1816, 1821 to 1824, 1831, and 1832 to 1837 of this title, enacting provisions set out as notes under this section and sections 1282, 1301, 1332, 1334, 1339, 1350, 1359, 1379span, 1379c, 1379d, 1379i, 1428, 1441, and 1445a of this title and section 590p of Title 16, and amending provisions set out as notes under sections 1339, 1379c, and 1427 of this title] may be cited as the ‘Food and Agriculture Act of 1965’.”

Expedited Marketing Order for Hass Avocados for Grades and Standards and Other Purposes

Puspan. L. 110–234, title X, § 10108, May 22, 2008, 122 Stat. 1338, and Puspan. L. 110–246, § 4(a), title X, § 10108, June 18, 2008, 122 Stat. 1664, 2099, provided that:

“(a)In General.—The Secretary [of Agriculture] shall initiate procedures under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to determine whether it would be appropriate to establish a Federal marketing order for Hass avocados relating to grades and standards and for other purposes under that Act.
“(span)Expedited Procedures.—
“(1)Proposal for an order.—An organization of domestic avocado producers in existence on the date of enactment of this Act [June 18, 2008] may request the issuance of, and submit to the Secretary a proposal for, an order described in subsection (a).
“(2)Publication of proposal.—Not later than 60 days after the date on which the Secretary receives a proposed order under paragraph (1), the Secretary shall initiate procedures described in subsection (a) to determine whether the proposed order should proceed.
“(c)Effective Date.—Any order issued under this section shall become effective not later than 15 months after the date on which the Secretary initiates procedures under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.”

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of this title.]

Records and Facility Requirements

Puspan. L. 109–215, § 2(c), Apr. 11, 2006, 120 Stat. 330, provided that: “Notwithstanding any other provision of this section [amending this section and enacting provisions set out as notes under this section and section 601 of this title], or the amendments made by this section, a milk handler (including a producer-handler or a producer operating as a handler) that is subject to regulation under this section or an amendment made by this section shall comply with the requirements of section 1000.27 of title 7, Code of Federal Regulations, or a successor regulation, relating to handler responsibility for records or facilities.”

Minnesota-Wisconsin Price Series Reform

Puspan. L. 101–624, title I, § 103, Nov. 28, 1990, 104 Stat. 3379, required the Secretary of Agriculture to consider alternative pricing formula recommendations as they related to the Minnesota-Wisconsin price series used to determine the minimum prices paid under milk marketing orders, to hold a national hearing on proposed replacements of that price series, and to report to Congress on issuance of a final decision on the hearing proposals.

Hearings on Federal Milk Marketing Orders

Puspan. L. 101–624, title I, § 104, Nov. 28, 1990, 104 Stat. 3379, required the Secretary of Agriculture to conclude national hearings on possible changes in the pricing provisions of Federal milk marketing orders by Mar. 29, 1990, and to effect any system-wide changes in the Federal orders setting minimum prices that milk processors must pay for Grade A milk received from producers, by Jan. 1, 1992.

Status of Producer Handlers

Puspan. L. 101–624, title I, § 115, Nov. 28, 1990, 104 Stat. 3381, provided that: “The legal status of producer handlers of milk under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, shall be the same after the amendments made by this title [enacting section 1446e of this title and amending this section and sections 1446a and 4553 of this title, section 713a–14 of Title 15, Commerce and Trade, and provisions set out as notes under this section and section 1731 of this title] take effect as it was before the effective date of the amendments [see Effective Date of 1990 Amendment note set out under section 1421 of this title].”

Multiple Component Pricing Study

Puspan. L. 101–624, title I, § 116, Nov. 28, 1990, 104 Stat. 3381, required the Secretary of Agriculture to initiate a study to determine whether, and to what extent, milkfat is being produced in the United States in excess of commercial market needs as a result of any provision of law, regulation, or order that affects the manner in which producers receive payment for milk on the basis of the milk components contained in their marketings of milk under any Federal or State milk pricing program, to report to Congress on the study not later than 180 days after Nov. 28, 1990, and to announce a hearing on multiple component pricing provisions in individual Federal milk marketing orders issued under this section.

Marketwide Service Payments

Puspan. L. 99–260, § 9, Mar. 20, 1986, 100 Stat. 51, provided that:

“(a)Hearing.—Not later than 90 days after receipt of a proposal to amend a milk marketing order in accordance with section 8c(5)(J) of the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(5)(J)) (as added by section 133 of the Food Security Act of 1985), the Secretary of Agriculture shall conduct a hearing on the proposal.
“(span)Implementation.—Not later than 120 days after a hearing is conducted under subsection (a), the Secretary shall implement, in accordance with the Agricultural Adjustment Act [this chapter], a marketwide service payment program under section 8c(5)(J) of such Act that meets the requirements of such Act.”

Termination of Marketing Orders

Puspan. L. 99–198, title XVI, § 1662(span), Dec. 23, 1985, 99 Stat. 1631, provided that: “The Secretary of Agriculture may not terminate any marketing order under section 8c(16) of the of the [so in original] Agricultural Adjustment Act (7 U.S.C. 608c(16)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, if such termination becomes effective before January 16, 1986.”

Report to Houses of Congress Regarding Implementation of Provisions Relating to Handling of Commodities

Puspan. L. 95–279, title IV, § 401(span), May 15, 1978, 92 Stat. 243, provided that, within a period of 60 days following the second anniversary of the implementation of section 401 of Puspan. L. 95–279, the Secretary of Agriculture was to submit to Congress a report describing how section 401 was implemented.

Retention of Status of Producer Handlers of Milk at Pre-1985 Amendment Status

Puspan. L. 99–198, title I, § 134, Dec. 23, 1985, 99 Stat. 1373, provided that: “The legal status of producer handlers of milk under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, shall be the same after the amendments made by this title [probably means this subtitle, subtitle C (§§ 131–134) of title I of Puspan. L. 99–198, amending subsec. (5) of this section and provisions set out as a note above] take effect as it was before the effective date of such amendments.”

Retention of Status of Producer Handlers of Milk at Pre-1981 Amendment Status

Puspan. L. 97–98, title I, § 102, Dec. 22, 1981, 95 Stat. 1219, provided that: “The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 [this chapter] shall be the same subsequent to the adoption of the amendment made by the Agriculture and Food Act of 1981 [see Tables] as it was prior thereto.”

Retention of Status of Producer Handlers of Milk at Pre-1977 Amendment Status

Puspan. L. 95–113, title II, § 202, Sept. 29, 1977, 91 Stat. 919, provided that: “The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act [see Short Title note set out under section 601 of this title], as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended [act June 3, 1937, ch. 296, 50 Stat. 246, set out as a note under section 601 of this title] shall be the same subsequent to the adoption of the amendment made by the Food and Agriculture Act of 1977 [see Short Title of 1977 Amendment note set out under section 1281 of this title] as it was prior thereto.”

Retention of Status of Producer Handlers of Milk at Pre-1973 Amendment Status

Puspan. L. 91–524, title II, § 206, as added by Puspan. L. 93–86, § 1(6), Aug. 10, 1973, 87 Stat. 224; amended Puspan. L. 93–125, § 1(a)(iii), Oct. 18, 1973, 87 Stat. 450, provided that: “The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, shall be the same subsequent to the adoption of the amendments made by the Agriculture and Consumer Protection Act of 1973 [Puspan. L. 93–86, amending this section and sections 1446, 1446a, and 4553 of this title] as it was prior thereto.”

Retention of Status of Producer Handlers of Milk at Pre-1970 Amendment Status

Puspan. L. 91–524, title II, § 201(span), Nov. 30, 1970, 84 Stat. 1361, provided that the legal status of producer handlers of milk under the Agricultural Adjustment Act shall be the same subsequent to the adoption of the amendments made by Puspan. L. 91–524 as it was prior thereto. For termination of this provision, see Termination of 1970 Amendment note above.

Ratification, Legalization, Confirmation, and Extension of Class I Base Plan Provisions in Marketing Orders Issued Prior to Nov. 30, 1970

Puspan. L. 91–524, title II, § 201(c), Nov. 30, 1970, 84 Stat. 1361, validated and expressly ratified, legalized, and confirmed class I base plan provisions of marketing orders previously issued by the Secretary of Agriculture. For termination of this provision, see Termination of 1970 Amendment note above.

Reaffirmation of Subsec. (5)(G) of This Section

Puspan. L. 91–524, title II, § 201(d), Nov. 30, 1970, 84 Stat. 1361, clarified Congressional intent that subsection (5)(G) be fully reaffirmed and in no way altered, rescinded, or amended. For termination of this provision, see Termination of 1970 Amendment note above.

Validity of Section Affirmed

Act June 3, 1937, ch. 296, § 1, 50 Stat. 246, affirmed and validated, and reenacted without change the provisions of this section, except for the amendments to subsections (5)(B)(d) and (6)(B) by section 2 of the act, and the addition of subsections (18) and (19) by said section 2. See Validity of Certain Sections Affirmed note set out under section 601 of this title.