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7 U.S.C. § 608b — Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In order to effectuate the declared policy of this chapter, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful: Provided, That no such agreement shall remain in force after the termination of this chapter.
**(b)**
(1) If an agreement with the Secretary is in effect with respect to peanuts pursuant to this section—
(A) all peanuts handled by persons who have not entered into such an agreement with the Secretary shall be subject to inspection to the same extent and manner as is required by such agreement;
(B) no such peanuts shall be sold or otherwise disposed of for human consumption if such peanuts fail to meet the quality requirements of such agreement; and
(C) any assessment (except with respect to any assessment for the indemnification of losses on rejected peanuts) imposed under the agreement shall—
(i) apply to peanut handlers (as defined by the Secretary) who have not entered into such an agreement with the Secretary in addition to those handlers who have entered into the agreement; and
(ii) be paid to the Secretary.
(2) Violation of this subsection by a person who has not entered into such an agreement shall result in the assessment by the Se
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Source location: Title 7, Chapter 26, § 608b; chapter-026-agricultural-adjustment.md
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**(a)** In order to effectuate the declared policy of this chapter, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful: Provided, That no such agreement shall remain in force after the termination of this chapter.
**(b)**
(1) If an agreement with the Secretary is in effect with respect to peanuts pursuant to this section—
(A) all peanuts handled by persons who have not entered into such an agreement with the Secretary shall be subject to inspection to the same extent and manner as is required by such agreement;
(B) no such peanuts shall be sold or otherwise disposed of for human consumption if such peanuts fail to meet the quality requirements of such agreement; and
(C) any assessment (except with respect to any assessment for the indemnification of losses on rejected peanuts) imposed under the agreement shall—
(i) apply to peanut handlers (as defined by the Secretary) who have not entered into such an agreement with the Secretary in addition to those handlers who have entered into the agreement; and
(ii) be paid to the Secretary.
(2) Violation of this subsection by a person who has not entered into such an agreement shall result in the assessment by the Secretary of a penalty equal to 140 percent of the support price for quota peanuts multiplied by the quantity of peanuts sold or disposed of in violation of subsection (b)(1)(B), as determined under section 1445c–3 11 See References in Text note below. of this title, for the marketing year for the crop with respect to which such violation occurs.
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Federal law — U.S. Code and appendices · legal_authorities
It is declared that the disruption of the orderly exchange of commodities in interstate commerce impairs the purchasing power of farmers and destroys the value of agricultural assets which support the national credit structure and that these conditions affect transactions in agricultural commodities with a national public interest, and burden and obstruct the normal channels of interstate commerce.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Investigations; proclamation of findings** — Whenever the Secretary of Agriculture has reason to believe that: (a) The current average farm price for any basic agricultural commodity is less than the fair exchange value thereof, or the average farm price of such commodity is likely to be less than the fair exchange value thereof for the period in which the production of such commodity during the current or next succeeding marketing year is normally marketed, and (b) The conditions of and factors relating to the production, marketing, and consumption of such commodity are such that the exercise of any one or more of the powers conferred upon the Secretary under subsections (2) and (3) of this section would tend to effectuate the declared policy of this chapter, he shall cause an immediate investigation to be made to determine such facts. If, upon the basis of such investigation, the Secretary finds the existence of such facts, he shall proclaim such determination and shall exercise such one or more of the powers conferred upon him under subsections (2) and (3) of this section as he finds, upon the basis of an investigation, administratively practicable and best calculated to effectuate the declared policy of this chapter.
(2) **Agreements for adjustment of acreage or production and for rental or benefit payments** — Subject to the provisions of subsection (1) of this section, the Secretary of Agriculture shall provide, through agreements with producers or by other voluntary methods, (a) For such adjustment in the acreage or in the production for market, or both, of any basic agricultural commodity, as he finds, upon the basis of the investigation made pursuant to subsection (1) of this section, will tend to effectuate the declared policy of this chapter, and to ma
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Issuance by Secretary** — The Secretary of Agriculture shall, subject to the provisions of this section, issue, and from time to time amend, orders applicable to processors, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof specified in subsection (2) of this section. Such persons are referred to in this chapter as “handlers”. Such orders shall regulate, in the manner hereinafter in this section provided, only such handling of such agricultural commodity, or product thereof, as is in the current of interstate or foreign commerce, or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations.
(2) **Commodities to which applicable** — Orders issued pursuant to this section shall be applicable only to (A) the following agricultural commodities and the products thereof (except canned or frozen pea
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Federal law — U.S. Code and appendices · legal_authorities
Page 459
TITLE 7—AGRICULTURE
§ 608b
United States attorneys, in their respective dis-
tricts, under the directions of the Attorney Gen-
eral, to institute proceedings to enforce the
remedies and to collect the forfeitures provided
for in, or pursuant to this chapter. Whenever the
Secretary, or such officer or employee of the De-
partment of Agriculture as he may designate for
the purpose, has reason to believe that any han-
dler has violated, or is violating, the provisions
of any order or amendment thereto issued pur-
suant to this chapter, the Secretary shall have
power to institute an investigation and, after
due notice to such handler, to conduct a hearing
in order to determine the facts for the purpose
of referring the matter to the Attorney General
for appropriate action.
(8) Cumulative remedies
The remedies provided for in this section shall
be in addition to, and not exclusive of, any of
the remedies or penalties provided for elsewhere
in this chapter or now or hereafter existing at
law or in equity.
(9) ‘‘Person’’ defined
The term ‘‘person’’ as used in this chapter in-
cludes an individual, partnership, corporation,
association, and any other business unit.
(May 12, 1933, ch. 25, title I, § 8a, as added May 9,
1934, ch. 263, § 4, 48 Stat. 672; amended Aug. 24,
1935, ch. 641, §§ 8–10, 49 Stat. 762; June 3, 1937, ch.
296, §§ 1, 2(c), 50 Stat. 246, 247; June 25, 1948, ch.
646, § 1, 62 Stat. 909; Pub. L. 87–128, title I, § 141(2),
Aug. 8, 1961, 75 Stat. 304.)
Editorial Notes
CODIFICATION
Provisions of subsecs. (1) to (4), relating to establish-
ment, regulation and determination of sugar quotas,
agreements limiting or regulating child labor, wages,
and adjustment of disputes in the sugar industry, and
prescribing penalties for violati
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