§ 1622. — Duties of Secretary relating to agricultural products.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1622]
TITLE 7--AGRICULTURE
CHAPTER 38--DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1622. Duties of Secretary relating to agricultural products
The Secretary of Agriculture is directed and authorized:
(a) Determination of methods of processing, packaging, marketing, etc.;
publication of results
To 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: Provided, 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.
(b) 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.
(c) 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 September 29, 1977, 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''.
(d) 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.
(e) Development of new markets
(1) 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.
(2) Fees and penalties
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(f) Increasing consumer education
To conduct and cooperate in consumer education for the more
effective utilization and greater consumption of agricultural products:
Provided, That no money appropriated under the authority of this chapter
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) of this section.
(g) 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.
(h) Inspection and certification of products in interstate commerce;
credit and future availability of funds; investment;
certificates as evidence; penalties
To inspect, certify, and identify the class, quality, quantity, and
condition of agricultural products when shipped or received in
interstate commerce, under such rules and regulations as the Secretary
of Agriculture may prescribe, including assessment and collection of
such fees as will be reasonable and as nearly as may be to cover the
cost of the service rendered, to the end that agricultural products may
be marketed to the best advantage, that trading may be facilitated, and
that consumers may be able to obtain the quality product which they
desire, except that no person shall be required to use the service
authorized by this subsection. Any fees collected under this subsection,
late payment penalties, the proceeds from the sales of samples, and
interest earned from the investment of such funds shall be credited to
the trust fund account that incurs the cost of the services provided
under this subsection and shall remain available without fiscal year
limitation to pay the expenses of the Secretary incident to providing
such services. Such funds may be invested by the Secretary in insured or
fully collateralized, interest-bearing accounts or, at the discretion of
the Secretary, by the Secretary of the Treasury in United States
Government debt instruments. Any official certificate issued under the
authority of this subsection shall be received by all officers and all
courts of the United States as prima facie evidence of the truth of the
statements therein contained. Whoever knowingly shall falsely make,
issue, alter, forge, or counterfeit any official certificate,
memorandum, mark, or other identification, or device for making such
mark or identification, with respect to inspection, class, grade,
quality, size, quantity, or condition, issued or authorized under this
section or knowingly cause or procure, or aid, assist in, or be a party
to, such false making, issuing, altering, forging, or counterfeiting, or
whoever knowingly shall possess, without promptly notifying the
Secretary of Agriculture or his representative, utter, publish, or use
as true, or cause to be uttered, published, or used as true, any such
falsely made, altered, forged, or counterfeited official certificate,
memorandum, mark, identification, or device, or whoever knowingly
represents that an agricultural product has been officially inspected or
graded (by an authorized inspector or grader) under the authority of
this section when such commodity has in fact not been so graded or
inspected shall be fined not more than $1,000 or imprisoned not more
than one year, or both. 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.
(i) 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.
(j) 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 Interstate Commerce
Commission, the Maritime Commission,,\1\ 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.
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\1\ So in original.
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(k) 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.
(l) 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.
(m) 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.
(n) 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, title II, Sec. 203, 60 Stat. 1087; Aug. 9,
1955, ch. 632, Sec. 1, 69 Stat. 553; Pub. L. 95-113, title II, Sec. 206,
Sept. 29, 1977, 91 Stat. 920; Pub. L. 97-31, Sec. 12(2), Aug. 6, 1981,
95 Stat. 153; Pub. L. 98-403, Sec. 2, Aug. 28, 1984, 98 Stat. 1480; Pub.
L. 98-443, Sec. 9(j), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 105-277, div.
A, Sec. 101(a) [title VII, Sec. 755(a)], Oct. 21, 1998, 112 Stat. 2681,
2681-34; Pub. L. 106-472, title III, Sec. 303, Nov. 9, 2000, 114 Stat.
2069.)
Amendments
2000--Subsec. (e). Pub. L. 106-472 inserted subsec. heading,
designated existing provisions as par. (1), inserted par. heading, and
added par. (2).
1998--Subsec. (h). Pub. 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). Pub. 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). Pub. L. 98-443 struck out ``the Civil Aeronautics
Board'' after ``the Maritime Commission,''.
1981--Subsec. (j). Pub. L. 97-31 inserted reference to Secretary of
Transportation.
1977--Subsec. (c). Pub. 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.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v)
of Pub. L. 98-443, set out as a note under section 5314 of Title 5,
Government Organization and Employees.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission
transferred, except as otherwise provided in Pub. L. 104-88, to Surface
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49,
Transportation, and section 101 of Pub. L. 104-88, set out as a note
under section 701 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 Pub. L. 104-88, set out as a note under section 701
of Title 49.
Section 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.
Agricultural Processing Equipment; Inspection and Certification; Fee
Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 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:
``(1) carry out the proviso under 7 U.S.C. 1622(f); or
``(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:
Pub. L. 106-78, title VII, Sec. 734, Oct. 22, 1999, 113 Stat. 1165.
Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 747], Oct. 21,
1998, 112 Stat. 2681, 2681-32, as amended by Pub. L. 106-31, title V,
Sec. 5001(c), May 21, 1999, 113 Stat. 109.
Collection and Dissemination of Information on Prices Received for Bulk
Cheese
Pub. L. 105-18, title II, Sec. 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.
Lamb Price and Supply Reporting Services Report and System
Pub. L. 102-237, title I, Sec. 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 lamb 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 lamb 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 lamb 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 lamb 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.
``(b) 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 lamb
market, such as carcass equivalent pricing; and
``(B) establish a price discovery and reporting system for
the lamb market to assist lamb producers to better allocate
their resources and make informed production and marketing
decisions.
``(2) Implementation.--The price discovery and reporting system
for the lamb 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 (b), the Secretary shall consult with lamb
producers and other persons in the national lamb industry.''
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 XIII, subtitle C, Nov. 28, 1990, 104 Stat.
3566, as amended by Pub. L. 102-237, title I, Sec. 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 (b),
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.
``(b) 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.''
Section Referred to in Other Sections
This section is referred to in section 2276 of this title; title 40
section 113.
