Browse Arkansas Code titles and sections
7 U.S.C. § 1359kk — Regulations; violations; publication of Secretary’s determinations; jurisdiction of the courts; United States attorneys
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations** The Secretary or the Commodity Credit Corporation, as appropriate, shall issue such regulations as may be necessary to carry out the authority vested in the Secretary in administering this subpart.
**(b) Violation** Any person knowingly violating any regulation of the Secretary issued under subsection (a) shall be subject to a civil penalty of not more than $5,000 for each violation.
**(c) Publication in Federal Register** Each determination issued by the Secretary to establish, adjust, or suspend allotments under this subpart shall be promptly published in the Federal Register and shall be accompanied by a statement of the reasons for the determination.
**(d) Jurisdiction of courts; United States attorneys**
(1) **Jurisdiction of courts** — The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, this subpart or any regulation issued thereunder.
(2) **United States attorneys** — Whenever the Secretary shall so request, it shall be the duty of the several United States attorneys, in their respective districts, to institute proceedings to enforce the remedies and to collect the penalties provided for in this subpart. The Secretary may elect not to refer to a United States attorney any violation of this subpart or regulation when the Secretary determines that the administration and enforcement of this subpart would be adequately served by written notice or warning to any person committing the violation.
**(e) Nonexclusivity of remedies** The remedies and penalties provided for in this subpart shall be in addition to, and not exclusive of, any remedies or penalties existing at law or in equity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1359kk
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: f67b25d7cb99482df4366d564a082a921800199e50ff0bcff47e8ba684d6bcc7. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_3794cd838723cadc570a92c7
Source file: Laws/federal/codes/united-states-code/title-7/section-1359kk-regulations-violations-publication-of-secretarys-determinations-jurisdic--30d0be9f02.md
Pages: Not recorded – Not recorded
Passage SHA-256: 04340b492b6595422d24e04097cd103d238082ef0957e14dddee2a2c916b2497
Source location: Title 7, Chapter 35, § 1359kk; chapter-035-agricultural-adjustment-act-of-1938.md
Stored source content
**(a) Regulations** The Secretary or the Commodity Credit Corporation, as appropriate, shall issue such regulations as may be necessary to carry out the authority vested in the Secretary in administering this subpart.
**(b) Violation** Any person knowingly violating any regulation of the Secretary issued under subsection (a) shall be subject to a civil penalty of not more than $5,000 for each violation.
**(c) Publication in Federal Register** Each determination issued by the Secretary to establish, adjust, or suspend allotments under this subpart shall be promptly published in the Federal Register and shall be accompanied by a statement of the reasons for the determination.
**(d) Jurisdiction of courts; United States attorneys**
(1) **Jurisdiction of courts** — The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, this subpart or any regulation issued thereunder.
(2) **United States attorneys** — Whenever the Secretary shall so request, it shall be the duty of the several United States attorneys, in their respective districts, to institute proceedings to enforce the remedies and to collect the penalties provided for in this subpart. The Secretary may elect not to refer to a United States attorney any violation of this subpart or regulation when the Secretary determines that the administration and enforcement of this subpart would be adequately served by written notice or warning to any person committing the violation.
**(e) Nonexclusivity of remedies** The remedies and penalties provided for in this subpart shall be in addition to, and not exclusive of, any remedies or penalties existing at law or in equity.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Adjustment authority** Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors.
**(b) Manner of adjustment** The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitles B through E.11 See References in Text note below.
**(c) Adjustment on county basis**
(1) **In general** — The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.
(2) **Prohibition** — Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
**(d) Adjustment in loan rate for cotton**
(1) **In general** — The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors.
(2) **Revisions to quality adjustments for upland cotton**
(A) *In general* — Not later than 180 days after the date of enactment of this Act, the Secretary shall implement revisions in the administration of the marketing assistance loan program for upland cotton to more accurately and efficiently reflect market values for upland cotton.
(B) *Mandatory revisions* — Revisions under subparagraph (A) shall include—
(i) the elimination of warehouse location differentials;
(ii) the establishment of differentials for the various quality factor
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8752
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Adjustment authority** The Secretary may make appropriate adjustments in the loan rates for peanuts for differences in grade, type, quality, location, and other factors.
**(b) Manner of adjustment** The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for peanuts will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subchapter and subtitles B, D, and E.
**(c) Adjustment on county basis**
(1) **In general** — Subject to paragraph (2), the Secretary may establish loan rates for a crop of peanuts for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.
(2) **Prohibition** — Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8772
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 673
TITLE 7—AGRICULTURE
§ 1359kk
made. The Secretary shall deliver a copy of
any notice of appeal to each person shown by
the records of the Secretary to be adversely
affected by reason of the decision appealed,
and shall at all times thereafter permit any
such person to inspect and make copies of ap-
pellant’s reasons for the appeal and shall on
application permit the person to intervene in
the appeal.
(2) Hearing
The Secretary shall provide each appellant
an opportunity for a hearing before an admin-
istrative law judge in accordance with sec-
tions 554 and 556 of title 5. The expenses for
conducting the hearing shall be reimbursed by
the Commodity Credit Corporation.
(Feb. 16, 1938, ch. 30, title III, § 359i, as added
Pub. L. 107–171, title I, § 1403, May 13, 2002, 116
Stat. 202; amended Pub. L. 110–234, title I,
§ 1403(h), May 22, 2008, 122 Stat. 988; Pub. L.
110–246, § 4(a), title I, § 1403(h), June 18, 2008, 122
Stat. 1664, 1716.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
PRIOR PROVISIONS
A prior section 1359ii, act Feb. 16, 1938, ch. 30, title III,
§ 359i, as added Pub. L. 101–624, title IX, § 902, Nov. 28,
1990, 104 Stat. 3487; amended Pub. L. 102–237, title I,
§ 111(k), Dec. 13, 1991, 105 Stat. 1836, related to appeals,
prior to the general amendment of this subpart by Pub.
L. 107–171.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–246, § 1403(h)(1), inserted
‘‘or 1359gg(d)’’ after ‘‘1359ff’’.
Subsec. (c). Pub. L. 110–246, § 1403(h)(2), struck out
subsec. (c) which related to special appeal process re-
garding beet sugar allocations.
Statutory Notes and Related Subsidiaries
EFFE
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1359kk
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.