7 U.S.C. § 608a — Enforcement of chapter

Page 458 TITLE 7—AGRICULTURE § 608–1 section, upon such terms and conditions as the Secretary determines will best effectuate the declared policy of this chapter, that the pro- ducer may pledge for production credit in whole or in part his right to any rental or benefit pay- ments under the terms of such agreement and that such producer may designate therein a payee to receive such rental or benefit pay- ments. (9) Advances of payments on stored nonperish- able commodity Under regulations of the Secretary of Agri- culture requiring adequate facilities for the storage of any nonperishable agricultural com- modity on the farm, inspection and measure- ment of any such commodity so stored, and the locking and sealing thereof, and such other reg- ulations as may be prescribed by the Secretary of Agriculture for the protection of such com- modity and for the marketing thereof, a reason- able percentage of any benefit payment may be advanced on any such commodity so stored. In any such case such deduction may be made from the amount of the benefit payment as the Sec- retary of Agriculture determines will reasonably compensate for the cost of inspection and seal- ing but no deduction may be made for interest. (May 12, 1933, ch. 25, title I, § 8, 48 Stat. 34; Apr. 7, 1934, ch. 103, § 7, 48 Stat. 528; May 9, 1934, ch. 263, § 14, 48 Stat. 676; Mar. 18, 1935, ch. 32, § 7, 49 Stat. 46; Aug. 24, 1935, ch. 641, §§ 2, 4–7, 49 Stat. 751, 753–762.) Editorial Notes CODIFICATION Section as originally enacted consisted of subsections (1) to (5). Act Aug. 24, 1935, amended section by striking out or amending and redesignating the various sub- sections. AMENDMENTS 1935—Subsec. (1) was, together with subsecs. (2) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935, which also struck out former (1) as amended by acts May 9, 1934, and March 18, 1935. Subsec. (2) was, together with subsecs. (1) and (3) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. Former subsec. (2), as amended by act Apr. 7, 1934, was designated section 8b of the Agricultural Ad- justment Act, section 608b of this title, and amended by section 4 of said act Aug. 24, 1935. Subsec. (3) was, together with subsecs. (1), (2), and (4) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. Former subsec. (3) was struck out by sec- tion 5 of said act Aug. 24, 1935, which also added section 8c to the Agricultural Adjustment Act, section 608c of this title. Subsec. (4) was, together with subsecs. (1) to (3) and (5) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. Former subsec. (4) was struck out by section 6 of said act Aug. 24, 1935, which also added sec- tions 8d and 8e to the Agricultural Adjustment Act, section 608d and former section 608e, respectively, of this title. Subsec. (5) was, together with subsecs. (1) to (4) and (6) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. Former subsec. (5) was designated sec- tion 8f of the Agricultural Adjustment Act, section 608f of this title, and amended by section 7 of said act Aug. 24, 1935. Subsecs. (6) to (9) were, together with subsecs. (1) to (5), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. 1934—Act May 9, 1934, amended subsec. (1) generally. Act Apr. 7, 1934, amended subsec. (2) by striking out proviso. Statutory Notes and Related Subsidiaries VALIDITY OF AGREEMENTS AND LICENSES PRESERVED UNDER 1935 ACT Act Aug. 24, 1935, ch. 641, § 38, 49 Stat. 776, provided that: ‘‘Nothing contained in this Act [see Tables for classification] shall (a), invalidate any marketing agreement or license in existence on the date of the en- actment hereof [Aug. 24, 1935], or any provision thereof, or any act done pursuant thereto, either before or after the enactment of this Act, or (b) impair any remedy provided for on the date of the enactment thereof for the enforcement of any such marketing agreement or license, or (c) invalidate any agreement entered into pursuant to section 8(1) of the Agricultural Adjustment Act prior to the enactment of this Act, or subsequent to the enactment of this Act in connection with a pro- gram the initiation of which has been formally ap- proved by the Secretary of Agriculture under such sec- tion 8(1) prior to the enactment of this Act, or any act done or agreed to be done or any payment made or agreed to be made in pursuance of any such agreement, either before or after the enactment of this Act, or any change in the terms and conditions of any such agree- ment, or any voluntary arrangements or further agree- ments which the Secretary finds necessary or desirable in order to complete or terminate such program pursu- ant to the declared policy of the Agricultural Adjust- ment Act [this chapter]; Provided, That the Secretary shall not prescribe, pursuant to any such agreement or voluntary arrangement, any adjustment in the acreage or in the production for market of any basic agricul- tural commodity to be made after July 1, 1937, except pursuant to the provisions of section 8 of the Agricul- tural Adjustment Act as amended by this Act.’’ § 608–1. Omitted Editorial Notes CODIFICATION Section, act July 2, 1940, ch. 521, § 9, 54 Stat. 729, which related to adjustments between payee and third persons, was omitted as executed. § 608a. Enforcement of chapter (1) to (4) Omitted (5) Forfeitures Any person exceeding any quota or allotment fixed for him under this chapter by the Sec- retary of Agriculture and any other person knowingly participating or aiding in the exceed- ing of such quota or allotment shall forfeit to the United States a sum equal to the value of such excess at the current market price for such commodity at the time of violation, which for- feiture shall be recoverable in a civil suit brought in the name of the United States. (6) Jurisdiction of district courts The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any per- son from violating any order, regulation, or agreement, heretofore or hereafter made or issued pursuant to this chapter, in any pro- ceeding now pending or hereafter brought in said courts. (7) Duties of United States attorneys; investiga- tion of violations by Secretary; hearings Upon the request of the Secretary of Agri- culture, it shall be the duty of the several 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 violations thereof, were omit- ted since they ceased to apply on Sept. 1, 1937, in ac- cordance with the provisions of section 510 of the Sugar Act of 1937, act Sept. 1, 1937, ch. 898, 50 Stat. 916. Sec- tion 510 of act Sept. 1, 1937, provided in part that: ‘‘The provisions of the Agricultural Adjustment Act, as amended [this chapter], shall cease to apply to sugar upon the enactment of this Act [Sept. 1, 1937]’’. Provi- sions similar to former subsecs. (1) to (4) were con- tained in the Sugar Act of 1948, section 1100 et seq. of this title, which expired on Dec. 31, 1974. AMENDMENTS 1961—Subsec. (5). Pub. L. 87–128 struck out ‘‘willfully’’ after ‘‘Any person’’ and substituted provision for for- feiture of a sum equal to the value of the excess at the current market price for the commodity at the time of violation for provision for forfeiture of a sum equal to three times the current market value of the excess. 1937—Subsec. (6). Act June 3, 1937, § 2(c), struck out ‘‘the provisions of this section, or of’’. 1935—Subsec. (1). Act Aug. 24, 1935, § 8, substituted ‘‘persons engaged in handling’’ for ‘‘handlers’’ wherever appearing; struck out ‘‘or in competition with,’’ in par. (B); inserted ‘‘directly’’ before ‘‘to burden’’ in par. (B); and struck out ‘‘in any way’’ in par. (B). Subsec. (6). Act Aug. 24, 1935, § 9, inserted ‘‘or’’ after ‘‘regulation,’’ and struck out ‘‘or license’’. Subsec. (7). Act Aug. 24, 1935, § 10, inserted last sen- tence. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorneys’’ for ‘‘district attorneys’’ in subsec. (7). See section 541 of Title 28, Judiciary and Ju- dicial Procedure, and Historical and Revision Notes thereunder. VALIDITY OF SECTION AFFIRMED Act June 3, 1937, affirmed and validated, and reen- acted without change the provisions of subsections (5), (6), (7), (8), and (9) of this section, except for the amend- ment to subsection (6) by section 2 of the act. See note set out under section 601 of this title. Executive Documents ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accom- plished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding 491 of Title 48, Territories and Insular Possessions. § 608a–1. Repealed. Sept. 1, 1937, ch. 898, title V, § 510, 50 Stat. 916 Section, act June 19, 1936, ch. 612, § 2, 49 Stat. 1539, re- lated to additional provisions regulating the sugar quotas. § 608b. Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements (a) In order to effectuate the declared policy of this chapter, the Secretary of Agriculture shall have the power, after due notice and oppor- tunity for hearing, to enter into marketing agreements with processors, producers, associa- tions of producers, and others engaged in the handling of any agricultural commodity or prod- uct thereof, only with respect to such handling as is in the current of interstate or foreign com- merce 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 termi- nation 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 other- wise disposed of for human consumption if such peanuts fail to meet the quality require- ments 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 ad-