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7 U.S.C. § 1907 — Practices involving nonambulatory live-
Federal law — U.S. Code and appendices · legal_authorities
Page 1053
TITLE 7—AGRICULTURE
§ 1907
during the period from June 30, 1960, to August 30, 1960,
to contract for or procure livestock products produced
or processed by a slaughterer or processor which
slaughters or handles for slaughter livestock by meth-
ods other than those designated and approved by the
Secretary of Agriculture if such slaughterer or proc-
essor has contracted for the purchase of the equipment
necessary to enable him to adopt such methods but
such equipment has not been delivered to him.
§ 1904. Methods research; designation of methods
In furtherance of the policy expressed herein
the Secretary is authorized and directed—
(a) to conduct, assist, and foster research,
investigation, and experimentation to develop
and determine methods of slaughter and the
handling of livestock in connection with
slaughter which are practicable with reference
to the speed and scope of slaughtering oper-
ations and humane with reference to other ex-
isting methods and then current scientific
knowledge; and
(b) on or before March 1, 1959, and at such
times thereafter as he deems advisable, to des-
ignate methods of slaughter and of handling in
connection with slaughter which, with respect
to each species of livestock, conform to the
policy stated in this chapter. If he deems it
more effective, the Secretary may make any
such designation by designating methods
which are not in conformity with such policy.
Designations by the Secretary subsequent to
March 1, 1959, shall become effective 180 days
after their publication in the Federal Register.
(Pub. L. 85–765, § 4, Aug. 27, 1958, 72 Stat. 863;
Pub. L. 95–445, § 5(b)–(e), Oct. 10, 1978, 92 Stat.
1069.)
Editorial Notes
AMENDMENTS
1978—Par. (a). Pub. L. 95–445, § 5(d), inserted ‘‘and’’
after the s
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Page 1053
TITLE 7—AGRICULTURE
§ 1907
during the period from June 30, 1960, to August 30, 1960,
to contract for or procure livestock products produced
or processed by a slaughterer or processor which
slaughters or handles for slaughter livestock by meth-
ods other than those designated and approved by the
Secretary of Agriculture if such slaughterer or proc-
essor has contracted for the purchase of the equipment
necessary to enable him to adopt such methods but
such equipment has not been delivered to him.
§ 1904. Methods research; designation of methods
In furtherance of the policy expressed herein
the Secretary is authorized and directed—
(a) to conduct, assist, and foster research,
investigation, and experimentation to develop
and determine methods of slaughter and the
handling of livestock in connection with
slaughter which are practicable with reference
to the speed and scope of slaughtering oper-
ations and humane with reference to other ex-
isting methods and then current scientific
knowledge; and
(b) on or before March 1, 1959, and at such
times thereafter as he deems advisable, to des-
ignate methods of slaughter and of handling in
connection with slaughter which, with respect
to each species of livestock, conform to the
policy stated in this chapter. If he deems it
more effective, the Secretary may make any
such designation by designating methods
which are not in conformity with such policy.
Designations by the Secretary subsequent to
March 1, 1959, shall become effective 180 days
after their publication in the Federal Register.
(Pub. L. 85–765, § 4, Aug. 27, 1958, 72 Stat. 863;
Pub. L. 95–445, § 5(b)–(e), Oct. 10, 1978, 92 Stat.
1069.)
Editorial Notes
AMENDMENTS
1978—Par. (a). Pub. L. 95–445, § 5(d), inserted ‘‘and’’
after the semicolon at end.
Par. (b). Pub. L. 95–445, § 5(c), (e), struck out ‘‘for pur-
poses of section 1903 of this title’’ before ‘‘180 days’’,
and substituted a period for the semicolon at end.
Par. (c). Pub. L. 95–445, § 5(b), repealed par. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–445 effective one year after
Oct. 10, 1978, and nonapplicability during not to exceed
additional 18 months in hardship cases, see sec. 7 of
Pub. L. 95–445 set out as a note under section 603 of
Title 21, Food and Drugs.
§ 1905. Repealed. Pub. L. 95–445, § 5(b), Oct. 10,
1978, 92 Stat. 1069
Section, Pub. L. 85–765, § 5, Aug. 27, 1958, 72 Stat. 863,
related to establishment, composition, functions, com-
pensation, meetings, and reports of advisory commit-
tees.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective one year after Oct. 10, 1978, and non-
applicability during not to exceed additional 18 months
in hardship cases, see sec. 7 of Pub. L. 95–445 set out as
an Effective Date of 1978 Amendment note under sec-
tion 603 of Title 21, Food and Drugs.
§ 1906. Exemption of ritual slaughter
Nothing in this chapter shall be construed to
prohibit, abridge, or in any way hinder the reli-
gious freedom of any person or group. Notwith-
standing any other provision of this chapter, in
order to protect freedom of religion, ritual
slaughter and the handling or other preparation
of livestock for ritual slaughter are exempted
from the terms of this chapter. For the purposes
of this section the term ‘‘ritual slaughter’’
means slaughter in accordance with section
1902(b) of this title.
(Pub. L. 85–765, § 6, Aug. 27, 1958, 72 Stat. 864.)
§ 1907. Practices involving nonambulatory live-
stock
(a) Report
The Secretary of Agriculture shall investigate
and submit to Congress a report on—
(1) the scope of nonambulatory livestock;
(2) the causes that render livestock non-
ambulatory;
(3) the humane treatment of nonambulatory
livestock; and
(4) the extent to which nonambulatory live-
stock may present handling and disposition
problems for stockyards, market agencies, and
dealers.
(b) Authority
Based on the findings of the report, if the Sec-
retary determines it necessary, the Secretary
shall promulgate regulations to provide for the
humane treatment, handling, and disposition of
nonambulatory livestock by stockyards, market
agencies, and dealers.
(c) Administration and enforcement
For the purpose of administering and enforc-
ing any regulations promulgated under sub-
section (b), the authorities provided under sec-
tions 10414 [7 U.S.C. 8313] and 10415 [7 U.S.C. 8314]
shall apply to the regulations in a similar man-
ner as those sections apply to the Animal Health
Protection Act [7 U.S.C. 8301 et seq.]. Any person
that violates regulations promulgated under
subsection (b) shall be subject to penalties pro-
vided in section 10414.
(Pub. L. 107–171, title X, § 10815, May 13, 2002, 116
Stat. 532.)
Editorial Notes
REFERENCES IN TEXT
The Animal Health Protection Act, referred to in
subsec. (c), is subtitle E (§§ 10401–10418) of title X of Pub.
L. 107–171, May 13, 2002, 116 Stat. 494, which is classified
principally to chapter 109 (§ 8301 et seq.) of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 8301 of this title
and Tables.
CODIFICATION
Section was enacted as part of the Farm Security and
Rural Investment Act of 2002 and not as part of Pub. L.
85–765, which comprises this chapter.
Page 1054
TITLE 7—AGRICULTURE
§ 1911
CHAPTER 49—CONSULTATION ON
AGRICULTURAL PROGRAMS
Sec.
1911.
Consultation of Secretary of Agriculture with
farmers, farm and commodity organizations
and other persons and organizations; travel
and per diem expenses.
1912.
Submission of legislative proposals.
1913.
Authority of Secretary of Agriculture under
other provisions of law and to establish and
consult with advisory committees.
§ 1911. Consultation of Secretary of Agriculture
with farmers, farm and commodity organiza-
tions and other persons and organizations;
travel and per diem expenses
(a) Notwithstanding any other provision of
law, whenever the Secretary of Agriculture de-
termines that additional legislative authority is
necessary to develop new agricultural programs
involving supply adjustments or marketing reg-
ulations through marketing orders, marketing
quotas, or price support programs with respect
to any agricultural commodity, or to make sub-
stantial revisions in any existing agricultural
legislation or programs, he may consult and ad-
vise with farmers, farm organizations, and ap-
propriate commodity organizations, if any, for
the commodity involved, to review the problems
involved, the need for new legislation, and the
provisions which should be included in any such
proposed legislation.
(b) In addition, whenever and to the extent he
deems such action necessary or desirable, the
Secretary of Agriculture may consult and advise
with any person or group of persons, or organi-
zations, including farmers, handlers, processors,
or others connected with the production, proc-
essing, handling, or use of the commodity in-
volved, with respect to the problems involved
and need for legislation and the provisions
which should be included in any such proposed
legislation.
(c) In order that the Secretary of Agriculture
may be assured of being able to obtain the ad-
vice of any such person or organization, he is au-
thorized, whenever he determines such action
necessary, to pay for each day’s attendance at
meetings and while traveling to and from such
meetings, transportation expenses and in lieu of
subsistence, a per diem in the amount author-
ized under subchapter I of chapter 57 of title 5
for Federal employees. No salary or other com-
pensation shall be paid.
(Pub. L. 87–128, title I, § 102, Aug. 8, 1961, 75 Stat.
295.)
Editorial Notes
CODIFICATION
In subsec. (c), ‘‘subchapter I of chapter 57 of title 5’’
substituted for ‘‘the Travel Expense Act of 1949’’ on au-
thority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government
Organization and Employees.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 87–128, § 1, Aug. 8, 1961, 75 Stat. 294, provided:
‘‘That this Act [enacting this section and sections
1013a, 1912, 1913, 1921 to 1933, 1941 to 1947, 1961 to 1968,
1969, 1970, 1971, 1981 to 1993, and 2261 of this title, amend-
ing sections 602, 608a, 608c, 608e–1, 1334, 1335, 1336, 1340,
1444b, 1446a, 1701, 1703, 1704, 1706, 1709, 1723, 1724, and 1782
of this title and section 590p of Title 16, Conservation,
repealing sections 1001 to 1005d, 1006c to 1006e, 1007, 1008,
1009, 1014 to 1025, 1027 to 1029 of this title, sections
1148a–1 to 1148a–3 of Title 12, Banks and Banking, and
sections 590r to 590x–4 of Title 16, and enacting provi-
sions set out as notes under this section and sections
1282, 1334, 1335, 1441, 1446, 1703, and 1921 of this title and
section 590p of Title 16, and repealing Act Aug. 31, 1954,
ch. 1145, 68 Stat. 999, set out as a note under former sec-
tion 1148a–1 of Title 12], may be cited as the ‘Agricul-
tural Act of 1961’.’’
Pub. L. 87–128, title I, § 101, Aug. 8, 1961, 75 Stat. 295,
provided that: ‘‘This title [enacting this section and
sections 1912 and 1913, amending sections 602, 608a, 608c,
608e–1, 1334, 1335, 1336, 1340, and 1782 of this title and sec-
tion 590p of Title 16, Conservation, and enacting provi-
sions set out as notes under sections 1334, 1340, 1441, and
1911 of this title and section 590p of Title 16] may be
cited as the ‘Agricultural Enabling Amendments Act of
1961’.’’
§ 1912. Submission of legislative proposals
If the Secretary of Agriculture, after such con-
sultation and receipt of such advice as provided
in section 1911 of this title, determines that ad-
ditional legislative authority is necessary to de-
velop agricultural programs involving supply
adjustments or marketing regulations through
the use of marketing orders, marketing quotas
or price-support programs, he shall formulate
specific recommendations in the form of pro-
posed legislation which shall be submitted to
the Congress together with a statement setting
forth the purpose and need for such proposed
legislation.
(Pub. L. 87–128, title I, § 103, Aug. 8, 1961, 75 Stat.
295.)
§ 1913. Authority of Secretary of Agriculture
under other provisions of law and to estab-
lish and consult with advisory committees
Nothing in this Act shall be deemed to limit
the authority of the Secretary of Agriculture
under other provision of law or to establish or
consult with advisory committees.
(Pub. L. 87–128, title I, § 104, Aug. 8, 1961, 75 Stat.
295.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 87–128,
Aug. 8, 1961, 75 Stat. 294, known as the Agricultural Act
of 1961. For complete classification of this Act to the
Code, see Short Title note set out under section 1911 of
this title and Tables.
CHAPTER 50—AGRICULTURAL CREDIT
Sec.
1921.
Congressional findings.
SUBCHAPTER I—REAL ESTATE LOANS
1922.
Persons eligible for real estate loans.
1923.
Purposes of loans.
1924.
Conservation loan and loan guarantee pro-
gram.
1925.
Limitations on amount of farm ownership
loans.
1926.
Water and waste facility loans and grants.
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) Report** The Secretary of Agriculture shall investigate and submit to Congress a report on—
(1) the scope of nonambulatory livestock;
(2) the causes that render livestock nonambulatory;
(3) the humane treatment of nonambulatory livestock; and
(4) the extent to which nonambulatory livestock may present handling and disposition problems for stockyards, market agencies, and dealers.
**(b) Authority** Based on the findings of the report, if the Secretary determines it necessary, the Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of nonambulatory livestock by stockyards, market agencies, and dealers.
**(c) Administration and enforcement** For the purpose of administering and enforcing any regulations promulgated under subsection (b), the authorities provided under sections 10414 [[7 U.S.C. 8313](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8313&num=0&edition=prelim)] and 10415 [[7 U.S.C. 8314](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8314&num=0&edition=prelim)] shall apply to the regulations in a similar manner as those sections apply to the Animal Health Protection Act [[7 U.S.C. 8301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8301&num=0&edition=prelim) et seq.]. Any person that violates regulations promulgated under subsection (b) shall be subject to penalties provided in section 10414.
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds that—
(1) the prevention, detection, control, and eradication of diseases and pests of animals are essential to protect—
(A) animal health;
(B) the health and welfare of the people of the United States;
(C) the economic interests of the livestock and related industries of the United States;
(D) the environment of the United States; and
(E) interstate commerce and foreign commerce of the United States in animals and other articles;
(2) animal diseases and pests are primarily transmitted by animals and articles regulated under this chapter;
(3) the health of animals is affected by the methods by which animals and articles are transported in interstate commerce and foreign commerce;
(4) the Secretary must continue to conduct research on animal diseases and pests that constitute a threat to the livestock of the United States; and
(5)
(A) all animals and articles regulated under this chapter are in or affect interstate commerce or foreign commerce; and
(B) regulation by the Secretary and cooperation by the Secretary with foreign countries, States or other jurisdictions, or persons are necessary—
(i) to prevent and eliminate burdens on interstate commerce and foreign commerce;
(ii) to regulate effectively interstate commerce and foreign commerce; and
(iii) to protect the agriculture, environment, economy, and health and welfare of the people of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2185
TITLE 7—AGRICULTURE
§ 8301
1 See References in Text note below.
tled to receive payments under this chapter may
not exceed 500 acres.
(c) Regulations
The Secretary shall promulgate regulations—
(1) defining the term ‘‘person’’ for the pur-
poses of this chapter, which shall conform, to
the maximum extent practicable, to the regu-
lations defining the term ‘‘person’’ promul-
gated under section 1308 of this title (before
the amendment made by section 1603(a) 1 of the
Food, Conservation, and Energy Act of 2008);
and
(2) promulgating such regulations as the
Secretary determines necessary to ensure a
fair and reasonable application of the limita-
tion established under this section.
(Pub. L. 107–171, title X, § 10204, May 13, 2002, 116
Stat. 491; Pub. L. 110–234, title I, § 1603(g)(4), May
22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title
I, § 1603(g)(4), June 18, 2008, 122 Stat. 1664, 1740;
Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128
Stat. 709.)
Editorial Notes
REFERENCES IN TEXT
Section 1308 of this title (before the amendment made
by section 1603(a) of the Food, Conservation, and En-
ergy Act of 2008), referred to in subsec. (c)(1), means
section 1308 of this title before the amendment by sec-
tion 1603(a) of Pub. L. 110–246, which amended the defi-
nition of ‘‘covered commodity’’ in section 1308(a)(1).
Section 1603(b) of Pub. L. 110–246 amended section 1308
by, among other things, adding subsec. (a)(4) which de-
fined ‘‘person’’ and striking out subsec. (e) which re-
lated to issuance of regulations defining ‘‘person’’. The
amendments by section 1603 of Pub. L. 110–246 to sec-
tion 1308 were effective May 22, 2008.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amen
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalties**
(1) **Offenses**
(A) *In general* — A person that knowingly violates this chapter, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter shall be fined under title 18, imprisoned not more than 1 year, or both.
(B) *Distribution or sale* — A person that knowingly imports, enters, exports, or moves any animal or article, for distribution or sale, in violation of this chapter, shall be fined under title 18, imprisoned not more than 5 years, or both.
(2) **Multiple violations** — On the second and any subsequent conviction of a person of a violation of this chapter under paragraph (1), the person shall be fined under title 18, imprisoned not more than 10 years, or both.
**(b) Civil penalties**
(1) **In general** — Except as provided in [section 8309(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8309/d&num=0&edition=prelim), any person that violates this chapter, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of—
(A)
(i) $50,000 in the case of any individual, except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regulated articles not for monetary gain;
(ii) $250,000 in the case of any other person for each violation; and
(iii) for all violations adjudicated in a single proceeding—
(I) $500,000 if the
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Federal law — U.S. Code and appendices · legal_authorities
Page 2197
TITLE 7—AGRICULTURE
§ 8313
(A) be credited to the account that incurs
the costs; and
(B) remain available until expended, with-
out fiscal year limitation.
(Pub. L. 107–171, title X, § 10412, May 13, 2002, 116
Stat. 503; Pub. L. 114–125, title VIII, § 818(b), Feb.
24, 2016, 130 Stat. 222.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(1), was in the
original
‘‘this
subtitle’’,
meaning
subtitle
E
(§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002,
116 Stat. 494, which is classified principally to this
chapter. For complete classification of subtitle E to
the Code, see Short Title note set out under section
8301 of this title and Tables.
AMENDMENTS
2016—Subsec. (b). Pub. L. 114–125 amended subsec. (b)
generally. Prior to amendment, text read as follows:
‘‘Funds collected for preclearance activities shall—
‘‘(1) be credited to accounts that may be established
by the Secretary for carrying out this section; and
‘‘(2) remain available until expended for the
preclearance activities, without fiscal year limita-
tion.’’
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of functions of the Secretary of Agri-
culture relating to agricultural import and entry in-
spection activities under this chapter to the Secretary
of Homeland Security, and for treatment of related ref-
erences, see sections 231, 551(d), 552(d), and 557 of Title
6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.
§ 8312. Administration and claims
(a) Administration
To carry out this chapter, the Secretary
may—
(1) acquire and maintain real or personal
property;
(2) employ a person;
(3) ma
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Collection of information**
(1) **In general** — The Secretary may gather and compile information and conduct any inspection or investigation that the Secretary considers to be necessary for the administration or enforcement of this chapter.
(2) **Subpoenas**
(A) *In general* — The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter 11 See References in Text note below. or any matter under investigation in connection with this chapter.1
(B) *Location of production* — The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.
(C) *Enforcement*
(i) *In general* — In case of disobedience to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States within the jurisdiction in which the investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, to require the attendance and testimony of any witness, the production of evidence, or the inspection of premises.
(ii) *Noncompliance* — In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary and give evidence concerning the matter in question, produce evidence, or permit the inspection of premises.
(iii) *Contempt* — Any failure to obey the order of the court may be pun
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Federal law — U.S. Code and appendices · legal_authorities
Page 2198
TITLE 7—AGRICULTURE
§ 8314
1 See References in Text note below.
unauthorized use, alteration, defacing or de-
struction of a certificate, permit, or other
document provided under this chapter that
results in the person’s deriving pecuniary
gain or causing pecuniary loss to another
person.
(2) Factors in determining civil penalty
In determining the amount of a civil pen-
alty, the Secretary shall take into account the
nature, circumstance, extent, and gravity of
the violation or violations and the Secretary
may consider, with respect to the violator—
(A) the ability to pay;
(B) the effect on ability to continue to do
business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) such other factors as the Secretary
considers to be appropriate.
(3) Settlement of civil penalties
The Secretary may compromise, modify, or
remit, with or without conditions, any civil
penalty that may be assessed under this sub-
section.
(4) Finality of orders
(A) Final order
The order of the Secretary assessing a
civil penalty shall be treated as a final order
reviewable under chapter 158 of title 28.
(B) Review
The validity of the order of the Secretary
may not be reviewed in an action to collect
the civil penalty.
(C) Interest
Any civil penalty not paid in full when due
under an order assessing the civil penalty
shall thereafter accrue interest until paid at
the rate of interest applicable to civil judg-
ments of the courts of the United States.
(c) Liability for acts of agents
In the construction and enforcement of this
chapter, the act, omission, or failure of any offi-
cer, agent, or person acting for or employed by
any other person within the scope of the em-
ployment or office of the officer, agent, or per-
son, shall
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