Determination of methods of processing, packaging, marketing, etc.; publication of results
ProvidedTo conduct, assist, and foster research, investigation, and experimentation to determine the best methods of processing, preparation for market, packaging, handling, transporting, storing, distributing, and marketing agricultural products: , That the results of such research shall be made available to the public for the purpose of expanding the use of American agricultural products in such manner as the Secretary of Agriculture may determine.
Determination of costs
To determine costs of marketing agricultural products in their various forms and through the various channels and to foster and assist in the development and establishment of more efficient marketing methods (including analyses of methods and proposed methods), practices, and facilities, for the purpose of bringing about more efficient and orderly marketing, and reducing the price spread between the producer and the consumer.
Improvement of standards of quality, condition, etc.; standard of quality for ice cream
To develop and improve standards of quality, condition, quantity, grade, and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices. Within thirty days after , the Secretary shall by regulation adopt a standard of quality for ice cream which shall provide that ice cream shall contain at least 1.6 pounds of total solids to the gallon, weigh not less than 4.5 pounds to the gallon and contain not less than 20 percent total milk solids, constituted of not less than 10 percent milkfat. In no case shall the content of milk solids not fat be less than 6 percent. Whey shall not, by weight, be more than 25 percent of the milk solids not fat. Only those products which meet the standard issued by the Secretary may bear a symbol thereon indicating that they meet the Department of Agriculture standard for “ice cream”.
Elimination of artificial barriers to free movement
To conduct, assist, foster, and direct studies and informational programs designed to eliminate artificial barriers to the free movement of agricultural products.
Development of new markets
In general
To foster and assist in the development of new or expanded markets (domestic and foreign) and new and expanded uses and in the moving of larger quantities of agricultural products through the private marketing system to consumers in the United States and abroad.
Fees and penalties
In general
In carrying out paragraph (1), the Secretary may assess and collect reasonable fees and late payment penalties to mediate and arbitrate disputes arising between parties in connection with transactions involving agricultural products moving in foreign commerce under the jurisdiction of a multinational entity.
Deposit
Fees and penalties collected under subparagraph (A) shall be deposited into the account that incurred the cost of providing the mediation or arbitration service.
Availability
Fees and penalties collected under subparagraph (A) shall be available to the Secretary without further Act of appropriation and shall remain available until expended to pay the expenses of the Secretary for providing mediation and arbitration services under this paragraph.
No requirement for use of services
No person shall be required by the Secretary to use the mediation and arbitration services provided under this paragraph.
Increasing consumer education
ProvidedTo conduct and cooperate in consumer education for the more effective utilization and greater consumption of agricultural products: , That no money appropriated under the authority of this Act shall be used to pay for newspaper or periodical advertising space or radio time in carrying out the purposes of this section and subsection (e).
Collection and dissemination of marketing information
To collect and disseminate marketing information, including adequate outlook information on a market-area basis, for the purpose of anticipating and meeting consumer requirements, aiding in the maintenance of farm income, and bringing about a balance between production and utilization of agricultural products.
Inspection and certification of products in interstate commerce; credit and future availability of funds; investment; certificates as evidence; penalties
Identification of honey.—
In general .—
Violation .—
Development of facilities for assembling, processing, transporting, etc.
To determine the needs and develop or assist in the development of plans for efficient facilities and methods of operating such facilities for the proper assembly, processing, transportation, storage, distribution, and handling of agricultural products.
Improvement of transportation facilities and rates
To assist in improving transportation services and facilities and in obtaining equitable and reasonable transportation rates and services and adequate transportation facilities for agricultural products and farm supplies by making complaint or petition to the Surface Transportation Board, the Federal Maritime Commission, or other Federal or State transportation regulatory body, or the Secretary of Transportation, with respect to rates, charges, tariffs, practices, and services, or by working directly with individual carriers or groups of carriers.
Collection and dissemination of marketing statistics
To collect, tabulate, and disseminate statistics on marketing agricultural products, including, but not restricted to statistics on market supplies, storage stocks, quantity, quality, and condition of such products in various positions in the marketing channel, utilization of such products, and shipments and unloads thereof.
Development of procurement standards and specifications
To develop and promulgate, for the use and at the request of any Federal agency or State, procurement standards and specifications for agricultural products, and submit such standards and specifications to such agency or State for use or adoption for procurement purposes.
Promotion of research for handling, storing, preserving, etc.
To conduct, assist, encourage, and promote research, investigation, and experimentation to determine the most efficient and practical means, methods, and processes for the handling, storing, preserving, protecting, processing, and distributing of agricultural commodities to the end that such commodities may be marketed in an orderly manner and to the best interest of the producers thereof.
Grading program
General research, services, and activities
To conduct such other research and services and to perform such other activities as will facilitate the marketing, distribution, processing, and utilization of agricultural products through commercial channels.
Aug. 14, 1946, ch. 966 60 Stat. 1087 Aug. 9, 1955, ch. 632, § 1 69 Stat. 553 Pub. L. 95–113, title II, § 20691 Stat. 920 Pub. L. 97–31, § 12(2)95 Stat. 153 Pub. L. 98–403, § 298 Stat. 1480 Pub. L. 98–443, § 9(j)98 Stat. 1708 Pub. L. 105–277, div. A, § 101(a) [title VII, § 755(a)]112 Stat. 2681 Pub. L. 106–472, title III, § 303114 Stat. 2069 Pub. L. 110–234, title X, § 10402(a)122 Stat. 1349 Pub. L. 110–246, § 4(a)122 Stat. 1664 Pub. L. 113–79, title VI, § 6202128 Stat. 856 (, title II, § 203, ; , ; , , ; , , ; , , ; , , ; , , , 2681–34; , , ; , title XI, § 11016(a), , , 1368; , title X, § 10402(a), title XI, § 11016(a), , , 2110, 2130; , title XII, § 12106(a)(4), , , 981.)
Editorial Notes
References in Text
act Aug. 14, 1946, ch. 966 60 Stat. 1082 section 3104 of this titleThis Act, referred to in subsecs. (f) and (h)(6), is , , which enacted this chapter and sections 427h, 427j, and 3105 of this title and amended . For complete classification of this Act to the Code, see Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Amendments
Pub. L. 113–79, § 62022014—Subsec. (j). , substituted “the Surface Transportation Board, the Federal Maritime Commission,” for “the Interstate Commerce Commission, the Maritime Commission,,”.
Pub. L. 113–79, § 12106(a)(4)section 601(w) of title 21Subsec. (n)(1). , added par. (1) and struck out former par. (1) which read as follows: “catfish (as defined by the Secretary under paragraph (2) of ); and”.
Pub. L. 110–246, § 10402(a)2008—Subsec. (h). , 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).
oPub. L. 110–246, § 11016(a)oSubsecs. (n), (). , added subsec. (n) and redesignated former subsec. (n) as ().
Pub. L. 106–4722000—Subsec. (e). inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Pub. L. 105–2771998—Subsec. (h). 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.”
Pub. L. 98–4031984—Subsec. (h). 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.
Pub. L. 98–443Subsec. (j). struck out “the Civil Aeronautics Board” after “the Maritime Commission,”.
Pub. L. 97–311981—Subsec. (j). inserted reference to Secretary of Transportation.
Pub. L. 95–1131977—Subsec. (c). inserted provisions relating to the setting of a standard of quality for ice cream.
1955—Subsec. (h). Act , 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 Amendment
section 12106(a)(4) of Pub. L. 113–79section 11016(b) of Pub. L. 110–246section 12106(c) of Pub. L. 113–79section 601 of Title 21Amendment by effective as if enacted as part of , see , set out as a note under , Food and Drugs.
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under .
Pub. L. 110–234, title X, § 10402(b)122 Stat. 1349 Pub. L. 110–246, § 4(a)122 Stat. 1664
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246section 8701 of this title[ and enacted identical provisions. was repealed by , set out as a note under .]
Effective Date of 1984 Amendment
Pub. L. 98–443section 9(v) of Pub. L. 98–443section 5314 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.
Effective Date of 1977 Amendment
Pub. L. 95–113section 1901 of Pub. L. 95–113section 1307 of this titleAmendment by effective , see , set out as a note under .
Transfer of Functions
Pub. L. 104–88section 1302 of Title 49section 101 of Pub. L. 104–88section 1301 of Title 49section 205 of Pub. L. 104–88section 1301 of Title 49Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in , to Surface Transportation Board effective , by , Transportation, and , set out as a note under . 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 , set out as a note under .
Regional Cattle and Carcass Grading Correlation and Training Centers
Pub. L. 115–334, title XII, § 12108132 Stat. 4943
In General .—
Location .—
Administration .—
Training Program .—
Coordination of Resources .—
Prohibition on Construction .—
Agricultural Processing Equipment; Inspection and Certification; Fee
Pub. L. 106–387, § 1(a) [title VII, § 729]114 Stat. 1549
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 106–78, title VII, § 734113 Stat. 1165 , , .
Pub. L. 105–277, div. A, § 101(a) [title VII, § 747]112 Stat. 2681 Pub. L. 106–31, title V, § 5001(c)113 Stat. 109 , , , 2681–32, as amended by , , .
Collection and Dissemination of Information on Prices Received for Bulk Cheese
Pub. L. 105–18, title II, § 1001111 Stat. 172 , , , provided that not later than 30 days after , 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 , on rate of reporting compliance by cheese manufacturers with respect to information collected, and for termination of authority to collect information on .
Lamb Price and Supply Reporting Services Report and System
Pub. L. 102–237, title I, § 124105 Stat. 1844
Report .—
Price Discovery and Reporting System .—
System required .—
Implementation .—
Authorization of appropriations .—
Consultation .—
Research To Investigate Extent to Which Grade Standards Governing Cosmetic Appearance Affect Pesticide Use in Production of Perishable Commodities; Advisory Committee; Report
Pub. L. 101–624, title XIII104 Stat. 3566 Pub. L. 102–237, title I, § 114(a)(3)105 Stat. 1838
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.
RESEARCH.
Requirement .—
Scope of Research .—
Field Research.—
Length of projects .—
Scope of field research .—
Dissemination of Results .—
Advisory Committee.—
Establishment .—
Membership .—
Report .—
CHANGES IN PROCEDURAL REGULATIONS.
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 Functions
75 Stat. 840 Section 304 of 1961 Reorg. Plan No. 7, eff. , 26 F.R. 7315, , 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.
64 Stat. 1273 United States Maritime Commission abolished by 1950 Reorg. Plan No. 21, eff. , 15 F.R. 3178, , 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.
63 Stat. 1069 Executive and administrative functions of Maritime Commission transferred to Chairman of Maritime Commission by 1949 Reorg. Plan No. 6, eff. , 14 F.R. 5228, , set out in the Appendix to Title 5.