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12 U.S.C. § 1141j — Miscellaneous provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a) “Cooperative association” defined** As used in this chapter, the term “cooperative association” means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm supplies and/or farm business services: Provided, however, That such associations are operated for the mutual benefit of the members thereof as such producers or purchasers and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; and Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in farm products, farm supplies, and farm business services with or for nonmembers in an amount greater in value than the total amount of such business transacted by it with or for members. All business transacted by any cooperative association for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of member and nonmember business transacted by such association.
**(b) Speculation prohibited** It shall be unlawful for the governor, or any officer or employee of the Farm Credit Administration to speculate directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such c
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Source location: Title 12, Chapter 7A, § 1141j; chapter-7a-agricultural-marketing.md
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**(a) “Cooperative association” defined** As used in this chapter, the term “cooperative association” means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm supplies and/or farm business services: Provided, however, That such associations are operated for the mutual benefit of the members thereof as such producers or purchasers and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; and Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in farm products, farm supplies, and farm business services with or for nonmembers in an amount greater in value than the total amount of such business transacted by it with or for members. All business transacted by any cooperative association for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of member and nonmember business transacted by such association.
**(b) Speculation prohibited** It shall be unlawful for the governor, or any officer or employee of the Farm Credit Administration to speculate directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity or product. Any person violating this subdivision shall upon conviction thereof be fined not more than $10,000, or imprisoned not more than ten years, or both.
**(c) Confidential information; disclosure prohibited** It shall be unlawful (1) for any cooperative association, stabilization corporation, clearing-house association, or commodity committee, or (2) for any director, officer, employee, or member or person acting on behalf of any such association, corporation, or committee, to which or to whom information has been imparted in confidence by the administration, to disclose such information in violation of any regulation of the administration. Any such association, corporation, or committee, or director, officer, employee, or member thereof, violating this subdivision, shall be fined not more than $5,000, or imprisoned not more than five years, or both.
**(d) Separability clause** If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person, circumstance, commodity, or class of transactions with respect to any commodity is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons, circumstances, commodities, and classes of transactions shall not be affected thereby.
**(e) Citation of chapter** This chapter may be cited as the “Agricultural Marketing Act.”
**(f) “Agricultural commodity” defined** As used in this chapter, the term “agricultural commodity” includes, in addition to other agricultural commodities, crude gum (oleoresin) from a living tree, and the following products as processed by the original producer of the crude gum (oleoresin) from which derived: Gum spirits of turpentine and gum rosin, as defined in [section 92 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section92&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** “Naval stores” means spirits of turpentine and rosin.
**(b)** “Spirits of turpentine” includes gum spirits of turpentine and wood turpentine.
**(c)** “Gum spirits of turpentine” means spirits of turpentine made from gum (oleoresin) from a living tree.
**(d)** “Wood turpentine” includes steam distilled wood turpentine and destructively distilled wood turpentine.
**(e)** “Steam distilled wood turpentine” means wood turpentine distilled with steam from the oleoresin within or extracted from the wood.
**(f)** “Destructively distilled wood turpentine” means wood turpentine obtained in the destructive distillation of the wood.
**(g)** “Rosin” includes gum rosin and wood rosin.
**(h)** “Gum rosin” means rosin remaining after the distillation of gum spirits of turpentine.
**(i)** “Wood rosin” means rosin remaining after the distillation of steam distilled wood turpentine.
**(j)** “Package” means any container of naval stores, and includes barrel, tank, tank car, or other receptacle.
**(k)** “Person” includes partnerships, associations, and corporations, as well as individuals.
**(l)** The term “commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession or the District of Columbia.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 92–181, title V, § 5.0, Dec. 10, 1971, 85 Stat. 614; Pub. L. 96–592, title V, § 501, Dec. 24, 1980, 94 Stat. 3448; Pub. L. 99–205, title II, § 205(g)(1), Dec. 23, 1985, 99 Stat. 1706; Pub. L. 100–233, title VIII, § 805(v), Jan. 6, 1988, 101 Stat. 1716; Pub. L. 100–399, title IX, § 901(q), (r), Aug. 17, 1988, 102 Stat. 1008, which related to creation of districts, was transferred to section 1.2(b) of Pub. L. 92–181 by section 901(r) of Pub. L. 100–399 and is classified to [section 2002(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2002/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business concerns**
(1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.
(2) **Establishment of size standards**
(A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act.
(B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors.
(C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—
(i) is proposed after an opportunity for public notice and comment;
(ii) provides for determining—
(I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months;
(II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Wages** For purposes of this chapter, the term “wages” means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include—
(1) in the case of the taxes imposed by sections 3101(a) and 3111(a) that part of the remuneration which, after remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) with respect to employment has been paid to an individual by an employer during the calendar year with respect to which such contribution and benefit base is effective, is paid to such individual by such employer during such calendar year. If an employer (hereinafter referred to as successor employer) during any calendar year acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining whether the successor employer has paid remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) to such individual during such calendar year, any remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment paid (or considered under this paragraph as h
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections, act June 15, 1929, ch. 24, §§ 1–15, 46 Stat. 11, as amended, were omitted or transferred as set forth below.
Section 521, which related to declaration of policy, effective merchandising of agricultural commodities, speculation, cooperative marketing, surpluses and administration of the chapter, was transferred to [section 1141 of Title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141&num=0&edition=prelim), Banks and Banking.
Section 522, which related to appointment, compensation, qualifications, term of office, and expenses of Governor of Farm Credit Administration, was transferred to [section 1141a of Title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141a&num=0&edition=prelim), and was repealed by act Aug. 6, 1953, ch. 335, § 19, 67 Stat. 400. See section 2244 et seq. of Title 12.
Section 523, which related to designation of agricultural commodities and establishment of advisory commodity committees, was omitted.
Section 524, which related to general powers of Farm Credit Administration, was transferred to [section 1141b of Title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141b&num=0&edition=prelim), and was subsequently repealed by Pub. L. 115–334.
Section 525, which related to special powers of Administration, was transferred to [section 1141c of Title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141c&num=0&edition=prelim), and was subsequently repealed by Pub. L. 115–334.
Section 526, which related to authorization of a revolving fund, was transferred to [section 1141d of Title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141d&num=0
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Commodity Credit Corporation** Except as otherwise provided in this chapter, 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 the date of enactment of this Act, 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 shall be made without regard to—
(A) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”);
(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(C) 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).
(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).
(4) **Interim regulations** — Notwithstanding paragraphs (1) and (2), the Secretary shall implement the amendments made by sections 1603 and 1604 for the 2009 crop, fiscal, or program year, as appropriate, through the promulgation of an
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Federal law — U.S. Code and appendices · legal_authorities
Page 273
TITLE 12—BANKS AND BANKING
§ 1141j
whole or any part of (1) any office, bureau, serv-
ice, division, commission, or board in the Execu-
tive branch of the Government engaged in sci-
entific or extension work, or the furnishing of
services, with respect to the marketing of agri-
cultural commodities, (2) its functions per-
taining to such work or services, and (3) the rec-
ords, property, including office equipment, per-
sonnel, and unexpended balances of appropria-
tion, pertaining to such work or services.
(June 15, 1929, ch. 24, § 13, 46 Stat. 17; Ex. Ord. No.
6084, Mar. 27, 1933.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 533 of Title
7, Agriculture.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Administration’’ substituted in text for ‘‘board’’
pursuant to Ex. Ord. No. 6084, set out preceding section
2241 of this title.
TRANSFER OF FUNCTIONS
Establishment of Farm Credit Administration as an
independent agency, composition of Farm Credit Ad-
ministration, appointment of Governor of Farm Credit
Administration, and duties thereof, including duty to
perform functions, etc., of Farm Credit Administration,
see section 2241 et seq. of this title.
Executive Documents
EXCEPTIONS FROM TRANSFER OF FUNCTIONS
Functions of Farm Credit Administration or any
agency, officer, or entity of, under, or subject to super-
vision of said Administration excepted from functions
of officers, agencies, and employees transferred to Sec-
retary of Agriculture by Reorg. Plan No. 2 of 1953, § 1,
eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the
Appendix to Title 5, Government Organization and Em-
ployees.
§ 1141i. Repealed. Pub. L. 115–334, title V,
§ 5411(57), Dec. 20, 2018, 132 Stat. 4685
Section, act June 1
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