7 U.S.C. § 608b | Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements

(a)

Provided In order to effectuate the declared policy of this chapter, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful: , That no such agreement shall remain in force after the termination of this chapter.

(b)

(1)

If an agreement with the Secretary is in effect with respect to peanuts pursuant to this section—

(A)

all peanuts handled by persons who have not entered into such an agreement with the Secretary shall be subject to inspection to the same extent and manner as is required by such agreement;

(B)

no such peanuts shall be sold or otherwise disposed of for human consumption if such peanuts fail to meet the quality requirements of such agreement; and

(C)

any assessment (except with respect to any assessment for the indemnification of losses on rejected peanuts) imposed under the agreement shall—

(i)

apply to peanut handlers (as defined by the Secretary) who have not entered into such an agreement with the Secretary in addition to those handlers who have entered into the agreement; and

(ii)

be paid to the Secretary.

(2)

1 See References in Text note below.

Violation of this subsection by a person who has not entered into such an agreement shall result in the assessment by the Secretary of a penalty equal to 140 percent of the support price for quota peanuts multiplied by the quantity of peanuts sold or disposed of in violation of subsection (b)(1)(B), as determined under section 1445c–3  of this title, for the marketing year for the crop with respect to which such violation occurs.

May 12, 1933, ch. 25 48 Stat. 34 Apr. 7, 1934, ch. 103, § 7 48 Stat. 528 Aug. 24, 1935, ch. 641, § 4 49 Stat. 753 June 3, 1937, ch. 296, § 1 50 Stat. 246 June 30, 1947, ch. 166 61 Stat. 208 Pub. L. 101–220, § 4Dec. 12, 1989103 Stat. 1878 Pub. L. 102–237, title I, § 115(1)Dec. 13, 1991105 Stat. 1840 Pub. L. 103–66, title I, § 1109(b)Aug. 10, 1993107 Stat. 326(, title I, § 8b, formerly § 8(2), ; , ; renumbered and amended , ; , ; , title II, § 206(d), ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 1445c–3 of this title Pub. L. 104–127, title I, § 171(b)(2)(E)Apr. 4, 1996110 Stat. 938, referred to in subsec. (b)(2), was repealed by , , .

Codification

May 12, 1933section 608(2) of this titleThe provisions appearing in subsec. (a) of this section except the first sentence, were originally enacted as part of section 8(2) of act , and formerly appeared as .

Amendments

Pub. L. 103–661993—Subsec. (b)(1)(C). added subpar. (C).

Pub. L. 102–237 section 1445c–3 of this title1991—Subsec. (b)(2). made technical amendment to reference to involving corresponding provisions of original Act.

Pub. L. 101–2201989— designated existing provisions as subsec. (a) and added subsec. (b).

June 30, 19471947—Act , repealed provisions providing for loans from Reconstruction Finance Corporation.

Aug. 24, 1935May 12, 19331935—Act , designated subsection 2 of section 8 of act , as section 8b and amended first sentence generally.

Apr. 7, 19341934—Act , empowered Secretary of Agriculture to enter into marketing agreements with individual producers.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 Amendment

Pub. L. 101–220, § 4(c)Dec. 12, 1989103 Stat. 1878

“The amendment made by this section [amending this section] shall be effective with respect to the 1990 and subsequent crops of peanuts.”

, , , provided that:

Validity of Section Affirmed

June 3, 1937section 601 of this titleAct , affirmed and validated, and reenacted without change the provisions of this section. See note set out under .