§ 228. — Authority of Secretary.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC228]
TITLE 7--AGRICULTURE
CHAPTER 9--PACKERS AND STOCKYARDS
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 228. Authority of Secretary
(a) Rules, regulations, and expenditures; appropriations
The Secretary may make such rules, regulations, and orders as may be
necessary to carry out the provisions of this chapter and may cooperate
with any department or agency of the Government, any State, Territory,
District, or possession, or department, agency, or political subdivision
thereof, or any person; and shall have the power to appoint, remove, and
fix the compensation of such officers and employees, not in conflict
with existing law, and make such expenditures for rent outside the
District of Columbia, printing, telegrams, telephones, law books, books
of reference, periodicals, furniture, stationery, office equipment,
travel, and other supplies and expenses as shall be necessary to the
administration of this chapter in the District of Columbia and
elsewhere, and as may be appropriated for by Congress, and there is
authorized to be appropriated, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary for such purpose.
(b) Deductions from proceeds for financing promotional, educational, and
research activities
Notwithstanding any other provision of law, the authority of the
Secretary under this chapter shall not apply to deductions made from
sales proceeds for the purpose of financing promotion and research
activities, including educational activities relating to livestock,
meat, and other products covered by the chapter.
(c) Budget estimate; testimony of Secretary before Congressional
committees
On or before February 15 of each calendar year beginning with
calendar year 1977, or such other date as may be specified by the
appropriate committee, the Secretary of Agriculture shall testify before
the Senate Committee on Agriculture, Nutrition, and Forestry and the
House Committee on Agriculture and provide justification in detail of
the amount requested in the budget to be appropriated for the next
fiscal year for the purposes authorized in this chapter.
(d) Development and promulgation of rules governing hearings
The Secretary shall, not later than sixty days after September 13,
1976, prescribe and implement rules to assure that any hearing from
which any order may issue under this chapter or any hearing the expenses
of which are paid from funds authorized to be appropriated under this
chapter shall--
(1) if such hearing concerns a single unit of local government
or the residents thereof, be held within the boundaries of such
unit;
(2) if such hearing concerns a single geographic area within a
State or the residents thereof, be held within the boundaries of
such area; or
(3) if such hearing concerns a single State or the residents
thereof, be held within such State.
(e) Definitions
For the purposes of subsection (d) of this section--
(1) the term ``unit of local government'' means a county,
municipality, town, township, village, or other unit of general
government below the State level; and
(2) the term ``geographic area within a State'' means a special
purpose district or other region recognized for governmental
purposes within such State which is not a unit of local government.
(Aug. 15, 1921, ch. 64, title IV, Sec. 407, 42 Stat. 169; Pub. L. 85-
909, Sec. 4, Sept. 2, 1958, 72 Stat. 1750; Pub. L. 88-61, July 8, 1963,
77 Stat. 79; Pub. L. 94-410, Sec. 11, Sept. 13, 1976, 90 Stat. 1252;
Pub. L. 103-354, title II, Sec. 293(b), Oct. 13, 1994, 108 Stat. 3237;
Pub. L. 103-437, Sec. 4(a)(2), Nov. 2, 1994, 108 Stat. 4581.)
Amendments
1994--Subsec. (b). Pub. L. 103-354, Sec. 293(b)(1), (2),
redesignated subsec. (c) as (b) and struck out former subsec. (b) which
read as follows: ``The Secretary shall maintain within the Department of
Agriculture a separate enforcement unit to administer and enforce
subchapter II of this chapter.''
Subsec. (c). Pub. L. 103-437, which directed the amendment of
subsec. (d) by substituting ``Committee on Agriculture, Nutrition, and
Forestry'' for ``Committee on Agriculture and Forestry'', was executed
by making the amendment to subsec. (c) to reflect the probable intent of
Congress and the intervening redesignation of subsec. (d) as (c) by Pub.
L. 103-354. See below.
Pub. L. 103-354, Sec. 293(b)(2), redesignated subsec. (d) as (c).
Former subsec. (c) redesignated (b).
Subsecs. (d) to (f). Pub. L. 103-354, Sec. 293(b)(2), (3),
redesignated subsecs. (d) to (f) as (c) to (e), respectively, and in
subsec. (e) substituted ``subsection (d)'' for ``subsection (e)''.
1976--Subsecs. (d) to (f). Pub. L. 94-410 added subsecs. (d) to (f).
1963--Subsec. (c). Pub. L. 88-61 added subsec. (c).
1958--Pub. L. 85-909 designated existing provisions as subsec. (a)
and added subsec. (b).
