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7 U.S.C. § 9071 — Administration and enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out dairy margin coverage.
**(b) Reconstitution** The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving dairy margin coverage payments.
**(c) Administrative appeals** Using authorities under [section 1308(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/h&num=0&edition=prelim) and subtitle H of the Department of Agriculture Reorganization Act ([7 U.S.C. 6991](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6991&num=0&edition=prelim) et seq.), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of dairy margin coverage.
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Stable record: federal_law:legal_authorities:record_usc_aabceba2c9640768f51ef685
Source file: Laws/federal/codes/united-states-code/title-7/section-9071-administration-and-enforcement--e59ff213ee.md
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Source location: Title 7, Chapter 115, § 9071; chapter-115-agricultural-commodity-policy-and-programs.md
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**(a) In general** The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out dairy margin coverage.
**(b) Reconstitution** The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving dairy margin coverage payments.
**(c) Administrative appeals** Using authorities under [section 1308(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/h&num=0&edition=prelim) and subtitle H of the Department of Agriculture Reorganization Act ([7 U.S.C. 6991](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6991&num=0&edition=prelim) et seq.), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of dairy margin coverage.
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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 subchapter and subtitle C.
**(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) **Types of adjustments** — Loan rate adjustments under paragraph (1) may include—
(A) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;
(B) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and
(C) such other adjustments as the Secretary determines appropr
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9051
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established in the Department of Agriculture the position of Under Secretary of Agriculture for Food Safety. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals with specialized training or significant experience in food safety or public health programs.
**(b) Functions of Under Secretary**
(1) **Principal functions** — The Secretary shall delegate to the Under Secretary of Agriculture for Food Safety those functions and duties under the jurisdiction of the Department that are primarily related to food safety.
(2) **Additional functions** — The Under Secretary of Agriculture for Food Safety shall perform such other functions and duties as may be required by law or prescribed by the Secretary.
**(c) Omitted**
**(d) Technical and scientific review groups** The Secretary, acting through the Under Secretary for Research, Education, and Economics, may, without regard to the provisions of title 5 governing appointment in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates—
(1) establish such technical and scientific review groups as are needed to carry out the functions of the Department; and
(2) appoint and pay the members of the groups, except that officers and employees of the United States shall not receive additional compensation for service as a member of a group.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6991
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amendment of orders**
(1) **Required consolidation** — The Secretary shall amend Federal milk marketing orders issued under [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim) to limit the number of Federal milk marketing orders to not less than 10 and not more than 14 orders.
(2) **Inclusion of California as separate order** — Upon the petition and approval of California dairy producers in the manner provided in [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim), the Secretary shall designate the State of California as a separate Federal milk marketing order. The order covering California shall have the right to reblend and distribute order receipts to recognize quota value. Subsection (b) does not apply to the authority of the Secretary under this subsection.
(3) **Related issues addressed in consolidation** — Among the issues the Secretary is authorized to implement as part of the consolidation of Federal milk marketing orders are the following:
(A) The use of utilization rates and multiple basing points for the pricing of fluid milk.
(B) The use of uniform multiple component pricing when developing 1 or more basic formula prices for manufacturing milk.
(4) **Effect of existing law** — In implementing the consolidation of Federal milk marketing orders and related reforms under this subsection, the Secretary may not consider, or base any decision on, the table contained in [section 608c(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c/5/A&num=0&edition=prelim).
**(b) Expedited process**
(1) **Use of informal rulemaking** — To implement the con
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7253
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Eligible land** — Notwithstanding sections 3839aa–21(4) and 3839aa–22(b)(2) of this title, the term “eligible land” means cropland on a farm for which base acres have been maintained by the Secretary under [section 9012(d)(3) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9012/d/3&num=0&edition=prelim).
(2) **Initiative** — The term “initiative” means the grassland conservation initiative established under subsection (b).
**(b) Establishment and purpose** The Secretary shall establish within the program a grassland conservation initiative for the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and achieving related conservation values by conserving eligible land through grassland conservation contracts under subsection (e).
**(c) Election** Beginning in fiscal year 2019, the Secretary shall provide a 1-time election to enroll eligible land in the initiative under a contract described in subsection (e).
**(d) Method of enrollment** The Secretary shall—
(1) notwithstanding subsection (b) of [section 3839aa–23 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3839aa-23&num=0&edition=prelim), determine under subsection (c) of that section that eligible land ranks sufficiently high under the evaluation criteria described in subsection (b) of that section; and
(2) enroll the eligible land in the initiative under a contract described in subsection (e).
**(e) Grassland conservation contract**
(1) **In general** — Notwithstanding [section 3839aa–23(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3839aa–23/a/1&num=0&edition=preli
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3839aa–25
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Eligible dairy organization** — The term “eligible dairy organization” has the meaning given the term in [section 9071(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9071/a&num=0&edition=prelim).
(2) **Eligible dairy product** — The term “eligible dairy product” means a product primarily made from milk, including fluid milk, that is produced and processed in the United States.
(3) **Eligible distributor** — The term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families.
(4) **Eligible partnership** — The term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor.
**(b) Establishment and purposes** Not later than 60 days after December 27, 2020, the Secretary shall establish and administer a dairy donation program for the purposes of—
(1) facilitating the timely donation of eligible dairy products; and
(2) preventing and minimizing food waste.
**(c) Donation and distribution plans**
(1) **In general** — To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products.
(2) **Review and approval**
(A) *In general* — Not later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall—
(i) review that plan; and
(ii) issue an approval or disapproval of that plan.
(B) *Emergency and disaster-related prioritization*
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9081
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Commodity Credit Corporation** The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.
**(b) Determinations by Secretary** A determination made by the Secretary under this chapter shall be final and conclusive.
**(c) Regulations**
(1) **In general** — Except as otherwise provided in this subsection, not later than 90 days after February 7, 2014, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter.
(2) **Procedure** — The promulgation of the regulations and administration of this chapter and the amendments made by this chapter, sections 11003 and 11017, title I of the Agriculture Improvement Act of 2018 and the amendments made by that title, and section 10109 of that Act shall be made without regard to—
(A) the notice and comment provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim); and
(B) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”).
(3) **Congressional review of agency rulemaking** — In carrying out this subsection, the Secretary shall use the authority provided under [section 808 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section808&num=0&edition=prelim).
**(d) Adjustment authority related to trade agreements compliance**
(1) **Required determination; adjustment** — If the Secretary determines that expenditures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in [section 3501 of title 19](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9092
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Federal law — U.S. Code and appendices · legal_authorities
Page 1948
TITLE 7—AGRICULTURE
§ 6972
Subsec. (f)(1)(D)(iv). Pub. L. 115–334, § 12301(a)(2)(B),
added cl. (iv) and struck out former cl. (iv) which read
as follows: ‘‘The program providing grants for begin-
ning farmer and rancher development established under
section 3319f of this title.’’
Subsec. (f)(5)(B). Pub. L. 115–334, § 12411(b)(1), sub-
stituted ‘‘Office of the Chief Scientist’’ for ‘‘Research,
Education and Extension Office’’.
2014—Subsec. (f)(1)(C)(vi). Pub. L. 113–79, § 7111(b)(2),
inserted ‘‘except for the competitive grant program
under section 1433(b)’’ before period at end.
Subsec. (f)(1)(D)(xi) to (xiii). Pub. L. 113–79, § 7212(b),
redesignated cls. (xii) and (xiii) as (xi) and (xii), respec-
tively, and struck out former cl. (xi) which read as fol-
lows: ‘‘The administration and management of the Ag-
ricultural Bioenergy Feedstock and Energy Efficiency
Research and Extension Initiative carried out under
section 5925e of this title.’’
2008—Subsec. (a). Pub. L. 110–246, § 7511(a)(1), inserted
‘‘(referred to in this section as the ‘Under Secretary’)’’
before period at end.
Subsecs. (b) to (f). Pub. L. 110–246, § 7511(a)(2), (4),
added subsecs. (b) to (f) and struck out former subsecs.
(b) to (d) which related to Senate confirmation, func-
tions of the Under Secretary, and establishment and
functions of the Cooperative State Research, Edu-
cation, and Extension Service.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under
section 8701 of this title.
§ 6972. Repealed. Pub. L. 115–334, title XII,
§ 1241
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 6991
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Federal law — U.S. Code and appendices · legal_authorities
Page 2290
TITLE 7—AGRICULTURE
§ 9059
mium payments for participation in dairy mar-
gin coverage.
(Pub. L. 113–79, title I, § 1408, Feb. 7, 2014, 128
Stat. 693; Pub. L. 115–334, title I, § 1401(k)(9), Dec.
20, 2018, 132 Stat. 4517.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a)(2). Pub. L. 115–334, § 1401(k)(9)(A),
substituted ‘‘dairy margin coverage’’ for ‘‘margin pro-
tection’’.
Subsec. (b). Pub. L. 115–334, § 1401(k)(9)(B), substituted
‘‘dairy margin coverage’’ for ‘‘the margin protection
program’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–334 effective on Jan. 1,
2019, see section 1401(m) of Pub. L. 115–334, set out as a
note under section 9051 of this title.
§ 9059. Duration
Dairy margin coverage shall end on December
31, 2025.
(Pub. L. 113–79, title I, § 1409, Feb. 7, 2014, 128
Stat. 693; Pub. L. 115–334, title I, § 1401(l), Dec. 20,
2018, 132 Stat. 4518; Pub. L. 118–22, div. B, title I,
§ 102(c)(2)(B)(i), Nov. 17, 2023, 137 Stat. 115; Pub.
L. 118–158, div. D, § 4101(c)(4)(A)(i), Dec. 21, 2024,
138 Stat. 1768.)
Editorial Notes
AMENDMENTS
2024—Pub. L. 118–158 substituted ‘‘December 31, 2025’’
for ‘‘December 31, 2024’’.
2023—Pub. L. 118–22 substituted ‘‘2024’’ for ‘‘2023’’.
2018—Pub. L. 115–334 substituted ‘‘Dairy margin cov-
erage’’ for ‘‘The margin protection program’’ and
‘‘2023’’ for ‘‘2018’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2024 AMENDMENT
Amendment by Pub. L. 118–158 to be applied and ad-
ministered as if enacted on Sept. 30, 2024, see section
4101(g) of Pub. L. 118–158, set out in an Extension of Ag-
ricultural Programs note under section 9001 of this
title.
EFFECTIVE DATE OF 2023 AMENDMENT
Amendment by Pub. L. 118–22 to be applied and ad-
minist
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9071
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.