Page (g) Provides for suspension and revocation of license for flagrant or repeated violation of the Act. (h) Provides for criminal, civil, and monetary penalties for certain violations of the Act. 143 (7 U.S.C. 491, 493–497) Produce Agency Act Prohibits destruction or dumping by commission merchants. Potato Research and Promotion Act (7 U.S.C. 2611-2627) Provides authority to establish a "Plan" to collect assessments at the rate of one cent per hundred-weight on potatoes produced in the 48 contiguous States of the United States. Funds would be used to administer the Plan and to finance a program of research development, advertising, and promotion of potatoes and potato products. A public hearing would be required to consider any Plan, and such Plan, to be adopted, would have to be favored by at least two-thirds of the producers voting in a referendum, or by two-thirds of their production and a majority of those voting who have been engaged in potato production in a representative period. Provides for the establishment of a National Potato Promotion Board to be selected by the Secretary from nominations made by producers. Handlers of potatoes are responsible for paying assessments but are permitted to deduct such amounts from payments to producers. Producers who do not go along with the plan can apply for and receive a refund on their assessments. SUBPART D. GRAIN; SEED; EGGS; BEEF; WOOL Federal Seed Act (7 U.S.C. 1551-1611) (a) Prohibits transportation or delivery for transportation in interstate commerce of agricultural or vegetable seeds unless each container bears a label giving information prescribed by regulations. (b) Establishes that only those seeds properly certified by the seed certifying agency (as defined in the Act) shall bear label or advertising to that effect. (c) Requires all persons except carriers transporting or delivering for transportation agricultural seeds in interstate commerce to keep a complete record of origin, treatment, germination and purity of such seed for a period of 3 years. (d) Authorizes inspection of such records by the Secretary or his agents. (e) Makes unlawful advertising by way of the U.S. mails, or in interstate commerce by any means. (f) Prohibits transportation of certain described seeds and prescribes procedures relating to importations. (g) Authorizes promulgation of rules and regulations by the Secretary and by the Secretary of the Treasury jointly or severally after notice and public hearing. (h) Prohibits alteration, defacement, or destruction of labels and authorizes seizure and disposition by the U.S. Courts of seed in interstate or foreign commerce in violation of the provisions of the Act. (i) Provides criminal and civil penalties for violation of the Act but requires that notice and an opportunity to present his views be afforded a person against whom institution of a criminal or civil proceeding is contemplated before a violation is reported to a U.S. attorney. (j) Provides for issuance of a cease-and-desist order against a violator after written complaint served upon him and opportunity to be heard upon specific charges. (k) Makes unlawful in the U.S. or in interstate or foreign commerce the sale of uncertified seed of protected variety under the Plant Variety Protection Act. Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401-3417) Authorizes the Secretary to hold hearings and conduct a referendum among eligible end-product manufacturers prior to the adoption of an 145 153 177 order to establish a program of research and nutrition education for wheat and wheat foods among wheat producers, processors, end-product manufacturers and consumers. Authorizes the nutrition education portion to be carried out both within the United States and in international markets. Provides for the program to be administered by a Wheat Industry Council comprised of no more than 20 members equally represented from eligible producer, processor, end-product manufacturer, and consumer organizations. Funding of the program to come from assessments, not to exceed 5 cents per hundredweight of processed wheat purchased or transferred, from eligible end-product manufacturers. Provides for a refund procedure for those eligible end-product manufacturers who do not wish to participate in the program. Authorizes the council to invest funds that are collected and pending disbursement. Provides for the reimbursement from assessment funds of Department expenses incurred in carrying out the responsibilities under the Act, including the cost of the referendum. Plant Variety Protection Act (7 U.S.C. 2321-2331, 2351-2357, 2371-2372, 2401-2404, 2421-2427, Provides for the issuance of "certificates of plant variety protection" assuring the developers of novel varieties of sexually reproduced plants exclusive rights to sell, reproduce, import or export such varieties, or use them in the production of hybrids or different varieties, for a period of 17 years. Authorizes the establishment of a Plant Variety Protection Office in the Department of Agriculture to administer the Act. The Act provides that fees shall be collected and recovered to the Treasury of the United States and that the cost of administration shall be borne through the regular appropriations process. Egg Research and Consumer Information Act (7 U.S.C. 2701-2718) Provides for the Secretary to issue an order providing for the establishment of an Egg Board of not more than 18 members composed of egg producers or representatives of egg producers appointed by the Secretary, with such representation reflecting the proportion of eggs produced in each geographic area of the United States. The Board is responsible for developing and submitting for the Secretary's approval a program to enable egg producers to establish, finance, and carry out a coordinated program of research, producer and consumer education, and promotion to improve, maintain, and develop markets for eggs, egg products, spent fowl, and products of spent fowl. Effectuation of the order requires approval by not less than two-thirds of the producers voting or by a majority of the producers voting if such majority produced not less than two-thirds of eggs produced during a representative period. Provision is also included for termination of the order. Certain small egg producers are exempt. The program is self-financing. The rate of assessment paid by producers shall not exceed 5 cents per 30-dozen case of commercial eggs. Producers not favoring the program have a right to demand and receive a refund. Provides that USDA administrative costs be defrayed by assessment (except for initial conduct of the referendum). Beef Research and Information Act (7 U.S.C. 2901-2918) Authorizes the Secretary to issue orders: (1) providing for the establishment and administration of plans for advertising, sales promotion, and consumer information with respect to the use of cattle, beef, or beef products and for the disbursement of necessary funds for such purposes; (2) providing for research and studies with respect to sale, distribution, marketing, utilization, or production of cattle, beef, or beef products; and (3) providing that slaughterers maintain and make available for inspection such books and records as may be required by any order issued pursuant to this Act. Provides for the establishment of a Beef Board. Sets forth the duties and responsibilities of the Beef Board. Requires that the Beef Board ap Page 189 209 219 point an executive committee. Provides that the Board, subject to the provisions of this Act, submit to the Secretary for his approval budgets on a fiscal year basis of its anticipated expenses and disbursements in the administration of the order. Requires the Secretary to conduct a referendum among cattle producers who have been engaged in the production of cattle for the purpose of ascertaining whether the issuance of an order is approved or favored by such producers. Requires the Secretary to establish a procedure whereby all producers are notified of the referendum. Provides that no order issued pursuant to this Act shall be effective unless the Secretary determines that votes were cast by at least 50 percent of the registered producers and that the issuance of such order is approved or favored by a majority of the producers voting in such referendum. National Wool Act of 1954 (7 U.S.C. 1781-1787) Provides for an incentive program to increase the annual domestic production of wool, as a measure for national security and in promotion of the general welfare. Payments are set at a level to bring the national average price received by all producers up to the national price of 72 cents per pound, shorn wool, grease basis and 80.2 cents per pound to mohair, grease basis. Payments for pulled wool will be at a comparable rate to shorn wool. Wool Standards Act (7 U.S.C. 415b-415d) Page 229 233 Authorizes the use of certain funds for wool standardization and grading work. SUBPART E. PACKERS AND STOCKYARDS Packers and Stockyards Act, 1921 (7 U.S.C. 181-229) (a) Makes unlawful any unfair, unjustly discriminatory practice or device on the part of packers, live poultry dealers or handlers, operators of stockyards and commission men, as well as dealers buying and selling livestock for their own accounts or as agents. It provides an administrative procedure to determine whether there has been a violation and the issuance of ceaseand-desist orders in proper cases. Supplementary legislation added July 12, 1943 (ch. 215, sec. 57 Stat. 422), authorizes the Secretary to require reasonable bonds from dealers and market agencies and to suspend registrations of such persons on account of insolvency or violation of the Act. (b) Provides for determination by the Secretary as to which yards come within the definition of "stockyard" and public notice thereof by posting copies of the notice in the stockyard and in such other manner as he may determine. ((c) Authorizes a stockyard owner in accordance with statutory criteria, to prevent persons from acting as market agencies or dealers at his stockyard; and prescribe rules and regulations for the conduct of his yard and operations conducted there. (d) Requires that all rates and charges for stockyard services and rates and charges of licenses be just and reasonable and that printed schedules be filed with the Secretary and kept open to inspection at the stockyard or licensee's place of business showing all rates and charges for services furnished. Such rates and charges may be on a per head or percentage basis. (e) Authorizes the Secretary to determine and prescribe manner and form of preparation of schedules, change requirements from time to time, and reject or refuse to file any schedule for cause. (f) Establishes administrative procedure to determine lawfulness or rates and charges, regulations and practices and empowers Secretary to suspend operation of a schedule after hearing make an appropriate order fixing rates. (g) Creates liability in damages to persons injured by unreasonable, unjust, or discriminatory practices on the part of stockyard operators, commission men, or dealers and provides for administrative action to establish 235 the injury and its extent, as well as an action in a U.S. district court to enforce the Secretary's determination. (h) Authorizes the Secretary to designate cities where unfair, deceptive, and fraudulent practices exist and, when such action shall have been taken, forbids all persons from dealing in or handling live poultry in or near such designated cities without a license. (i) Directs the Secretary to issue licenses to applicants who comply with requirements of the regulations unless he finds after opportunity for a hearing, that the applicant is unfit because of having engaged in a prohibited practice within the 2 years preceding his application or because the applicant is financially unable to fulfill the obligations which he would incur. (j) Incorporates certain provisions of Fed. Trade Commission Act p. 287. SUBPART F. TOBACCO; NAVAL STORES The Tobacco Inspection Act (7 U.S.C. 511–511q) (a) Authorizes (i) the promulgation and establishment of Official U.S. Standard Grades, (ii) the designation of auction markets for free and mandatory inspection after approval by growers in a referendum, (iii) permissive inspection upon request of owners or other financially interested persons and the fixing and collection of fees for such inspection, and (iv) employing and licensing of persons as samplers to take official samples of tobacco or as weighers to weigh and certify the weight of tobacco or as inspectors to inspect tobacco. (b) Directs warehousemen to provide space on tickets, tags, or labels to show certified grades. Page 255 (c) Prohibits many practices designed to result in improper certification of tobacco. Tobacco Seed and Plant Exportation Act 261 (7 U.S.C. 516-517) Prohibits exportation of tobacco seed or live tobacco plants unless such action is in pursuance of a written permit by the Secretary. Tobacco Statistics 261 (7 U.S.C. 501-508) The Act of January 14, 1929, provides for the collection of statistics on stocks of leaf tobacco held by dealers and manufacturers and publication of these and other statistics for tobacco. The Naval Stores Act (7 U.S.C. 91-99) Provides for defining and establishing standards, establishing methods for analysis, inspection, sampling, and grading of naval stores products; and regulating the labeling, advertising, and packing of such products for sale in commerce. Turpentine and Rosin Statistics (7 U.S.C. 2248) The Act of August 15, 1935, provides for compilation and publication of statistics and essential information relating to spirits of turpentine and rosin. 265 269 SUBPART G. TRANSPORTATION; WAREHOUSE Transportation Provisions of Agricultural Adjustment Act of 1938 (7 U.S.C. 1291) (a) Authorizes complaints and prosecution of complaints before Interstate Commerce Commission with respect to rates, charges, tariffs, and practices relating to the transportation of farm products. (b) Requires the Commission to make the Secretary a party to the proceeding. (c) Provides for cooperation between the Department and the Commission and the Department and cooperative associations of farmers. 271 Page NOTE: Somewhat broader authority in connection with transportation is found in the Agricultural Marketing Act of 1946 (see Subpart A of this Part). Rural Transportation Advisory Task Force (49 U.S.C. 1653 note) Provides for a 16-member Rural Transportation Task Force, to be chaired jointly by the Secretary of Agriculture and the Secretary of Transportation. The Task Force is required to publish, within 180 days after the date of enactment of this Act, an initial report containing the recommendations for determining the essential transportation needs of agriculture on a continuing basis, for establishing a national agricultural transportation policy, and for methods of identifying impediments to a railroad transportation system adequate to meet the needs of the agricultural industry of the United States. After holding public hearings, the Task Force is required to publish, within 420 days after date of enactment of this Act, a final report which contains the same issues provided for in the initial report and which contains recommendations for a railroad system adequate to meet the needs of American agriculture. United States Warehouse Act (7 U.S.C. 241-273) (a) Authorizes (i) investigation of the storage, warehousing, classifying according to grade and otherwise, weighing, and certification of agricultural products, (ii) inspection of licensed warehouses and warehouses for which an application for a license has been filed, (iii) determination as to whether warehouses are suitable for the proper storage of any agricultural product, (iv) classification of warehouse in accordance with ownership, location, surrounding, etc., as to the kind of licenses issued or to be issued, (v) prescription of duties of warehousemen conducting licensed warehouses, (vi) issuance of licenses, upon application, for conduct of a warehouse in accordance with rules and regulations, (vii) suspension or revocation of licenses after opportunity for a hearing for failure to comply with requirements of the statute including unreasonable or exorbitant charges for services, (viii) issuance of licenses to inspect, classify or sample agricultural products stored in a licensed warehouse and certificate the grade, class, condition or weight thereof under prescribed regulations or rules, (ix) suspension or revocation of licenses issued to inspect, sample, classify or weigh after opportunity for a hearing, (x) modification or extension of existing licenses, (xi) examination of products stored in licensed warehouses, and (xii) examination of all books, papers, and accounts of licensed warehousemen. (b) Requires each warehouseman to file a bond, issue prescribed receipts, make delivery without unnecessary delay upon proper demand, cancel receipts upon delivery of products covered thereby, keep prescribed books and records and conduct the warehouse in compliance with the statute and rules and regulations thereunder. (c) Prohibits (i) issuance of further receipt with original outstanding (ii) discrimination between persons desiring to use warehouse, (iii) mingling except fungibles, and (iv) designation of warehouse as bonded under Act until bond has been filed and accepted. PART III 273 277 SECTION 32 AND MISCELLANEOUS SUBPART A. SECTION 32 AND RELATED STATUTES Section 32 (7 U.S.C. 612c) Appropriates funds each fiscal year in an amount equal to 30 percent of the gross receipts from duties collected under the customs laws during 285 |