Editorial Notes
References in TextThis Act, referred to in subsecs. (f) and (h)(6), is act Aug. 14, 1946, ch. 966, 60 Stat. 1082, which enacted this chapter and sections 427h, 427j, and 3105 of this title and amended section 3104 of this title. For complete classification of this Act to the Code, see Tables.
CodificationPuspan. 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 L. 110–234 were repealed by section 4(a) of Puspan.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.
Amendments2014—Subsec. (j). Puspan. L. 113–79, § 6202, substituted “the Surface Transportation Board, the Federal Maritime Commission,” for “the Interstate Commerce Commission, the Maritime Commission,,”.
Subsec. (n)(1). Puspan. L. 113–79, § 12106(a)(4), added par. (1) and struck out former par. (1) which read as follows: “catfish (as defined by the Secretary under paragraph (2) of section 601(w) of title 21); and”.
2008—Subsec. (h). Puspan. L. 110–246, § 10402(a), designated the first to sixth sentences of existing provisions as pars. (1), (2)(A), (2)(B), and (3) to (5), respectively, and added par. (6).
Subsecs. (n), (o). Puspan. L. 110–246, § 11016(a), added subsec. (n) and redesignated former subsec. (n) as (o).
2000—Subsec. (e). Puspan. L. 106–472 inserted subsec. span, designated existing provisions as par. (1), inserted par. span, and added par. (2).
1998—Subsec. (h). Puspan. 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). Puspan. 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). Puspan. L. 98–443 struck out “the Civil Aeronautics Board” after “the Maritime Commission,”.
1981—Subsec. (j). Puspan. L. 97–31 inserted reference to Secretary of Transportation.
1977—Subsec. (c). Puspan. 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by section 12106(a)(4) of Puspan. L. 113–79 effective as if enacted as part of section 11016(span) of Puspan. L. 110–246, see section 12106(c) of Puspan. L. 113–79, set out as a note under section 601 of Title 21, Food and Drugs.
Effective Date of 2008 AmendmentAmendment 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, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Puspan. L. 110–234, title X, § 10402(span), May 22, 2008, 122 Stat. 1349, and Puspan. L. 110–246, § 4(a), title X, § 10402(span), June 18, 2008, 122 Stat. 1664, 2111, provided that: “The amendments made by subsection (a) [amending this section] take effect on the date that is 1 year after the date of enactment of this Act [June 18, 2008].”
[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.]
Effective Date of 1984 AmendmentAmendment by Puspan. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Puspan. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.
Effective Date of 1977 AmendmentAmendment by Puspan. L. 95–113 effective Oct. 1, 1977, see section 1901 of Puspan. L. 95–113, set out as a note under section 1307 of this title.
Transfer of FunctionsInterstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Puspan. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Puspan. L. 104–88, set out as a note under section 1301 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 Puspan. L. 104–88, set out as a note under section 1301 of Title 49.
Regional Cattle and Carcass Grading Correlation and Training CentersPuspan. L. 115–334, title XII, § 12108, Dec. 20, 2018, 132 Stat. 4943, provided that:“(a)In General.—The Secretary [of Agriculture] shall establish not more than 3 regional centers, to be known as Cattle and Carcass Grading Correlation and Training Centers (referred to in this section as the ‘Centers’), to provide education and training for cattle and carcass beef graders of the Agricultural Marketing Service, cattle producers, and other professionals involved in the reporting, delivery, and grading of feeder cattle, live cattle, and carcasses—“(1) to limit the subjectivity in the application of beef grading standards;
“(2) to provide producers with greater confidence in the price of the producers’ cattle; and
“(3) to provide investors with both long and short positions more assurance in the cattle delivery system.
“(span)Location.—The Centers shall be located near cattle feeding and slaughter populations and areas shall be strategically identified in order to capture regional variances in cattle production.
“(c)Administration.—Each Center shall be organized and administered by offices of the Department of Agriculture in operation on the date on which the respective Center is established, or in coordination with other appropriate Federal agencies or academic institutions.
“(d)Training Program.—The Centers shall offer intensive instructional programs involving classroom and field training work for individuals described in subsection (a).
“(e)Coordination of Resources.—Each Center, in carrying out the functions of the Center, shall make use of information generated by the Department of Agriculture, the State agricultural extension and research stations, relevant designated contract markets, and the practical experience of area cattle producers, especially cattle producers cooperating in on-farm demonstrations, correlations, and research projects.
“(f)Prohibition on Construction.—Funds made available to carry out this section shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement, and architect fees). Notwithstanding the preceding sentence, the Secretary may use funds made available to carry out this section to provide a Center with payment for the cost of the rental of a space determined to be necessary by the Center for conducting training under this section and may accept donations (including in-kind contributions) to cover such cost.”
Agricultural Processing Equipment; Inspection and Certification; FeePuspan. L. 106–387, § 1(a) [title VII, § 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:“(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:
Puspan. L. 106–78, title VII, § 734, Oct. 22, 1999, 113 Stat. 1165.
Puspan. L. 105–277, div. A, § 101(a) [title VII, § 747], Oct. 21, 1998, 112 Stat. 2681, 2681–32, as amended by Puspan. L. 106–31, title V, § 5001(c), May 21, 1999, 113 Stat. 109.
Collection and Dissemination of Information on Prices Received for Bulk CheesePuspan. L. 105–18, title II, § 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.
Lamspan Price and Supply Reporting Services Report and SystemPuspan. L. 102–237, title I, § 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 lamspan 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 lamspan 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 lamspan 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 lamspan 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.
“(span)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 lamspan market, such as carcass equivalent pricing; and
“(B) establish a price discovery and reporting system for the lamspan market to assist lamspan producers to better allocate their resources and make informed production and marketing decisions.
“(2)Implementation.—The price discovery and reporting system for the lamspan 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 (span), the Secretary shall consult with lamspan producers and other persons in the national lamspan industry.”
Research To Investigate Extent to Which Grade Standards Governing Cosmetic Appearance Affect Pesticide Use in Production of Perishable Commodities; Advisory Committee; ReportPuspan. L. 101–624, title XIII, subtitle C, Nov. 28, 1990, 104 Stat. 3566, as amended by Puspan. L. 102–237, title I, § 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 (span), 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. “(span)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.”
Executive Documents
Transfer of FunctionsSection 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.
