7 U.S.C. § 5601 — Purpose

Page 1756 TITLE 7—AGRICULTURE § 5601 1 So in original. There probably should be a closing paren- thesis. 21, 1978, 92 Stat. 1685, which enacted sections 1707b to 1707d, 1765a to 1765h, 1769, and 2211a of this title, amend- ed sections 1707a, 1761, 1762, 1764, 1765, and 1766b of this title and section 5314 of Title 5, Government Organiza- tion and Employees, redesignated sections 1762(d), (f), and 1763 as sections 1766a to 1766c of this title, and en- acted provisions set out as notes under sections 612c–3, 1761, and 2211a of this title and section 2431 of Title 19, Customs Duties. The Act is shown herein, however, as having been added by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668, because of the extensive amendments, renumbering, reorganization of subject matter, and expansion of the basic Act’s provisions by Pub. L. 101–624. SUBCHAPTER I—GENERAL PROVISIONS § 5601. Purpose It is the purpose of this chapter to increase the profitability of farming and to increase op- portunities for United States farms and agricul- tural enterprises by— (1) increasing the effectiveness of the De- partment of Agriculture in agricultural export policy formulation and implementation; (2) improving the competitiveness of United States agricultural commodities and products in the world market; and (3) providing for the coordination and effi- cient implementation of all agricultural ex- port programs. (Pub. L. 95–501, title I, § 101, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669.) Editorial Notes PRIOR PROVISIONS A prior section 101 of Pub. L. 95–501 amended section 1707a of this title prior to the complete revision of Pub. L. 95–501 by Pub. L. 101–624. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–465, title IV, § 411(a)(1), Dec. 8, 1994, 108 Stat. 4962, provided that: ‘‘This subsection [amending section 5651 of this title] may be cited as the ‘Export Enhancement Program Amendments of 1994’.’’ SHORT TITLE Pub. L. 95–501, § 1, as added by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Agricultural Trade Act of 1978’.’’ § 5602. Definitions As used in this chapter— (1) Agricultural commodity The term ‘‘agricultural commodity’’ means any agricultural commodity, food, feed, fiber, or livestock (including livestock as it is de- fined in section 1471(2) of this title and in- sects), and any product thereof. (2) Developing country The term ‘‘developing country’’ means a country that— (A) has a shortage of foreign exchange earnings and has difficulty accessing suffi- cient commercial credit to meet all of its food needs, as determined by the Secretary; and (B) has the potential to become a commer- cial market for agricultural commodities. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (4) Service The term ‘‘Service’’ means the Foreign Agri- cultural Service of the Department of Agri- culture. (5) Unfair trade practice (A) In general Subject to subparagraph (B), the term ‘‘un- fair trade practice’’ means any act, policy, or practice of a foreign country that— (i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement to which the United States is a party; (ii) in the case of a monopolistic state trading enterprise engaged in the export sale of an agricultural commodity, imple- ments a pricing practice that is incon- sistent with sound commercial practice; (iii) provides a subsidy that— (I) decreases market opportunities for United States exports; or (II) unfairly distorts an agricultural market to the detriment of United States exporters; (iv) imposes an unfair technical barrier to trade, including— (I) a trade restriction or commercial requirement (such as a labeling require- ment) that adversely affects a new tech- nology (including biotechnology); and (II) an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uru- guay Round Agreements, is not based on scientific principles; 1 (v) imposes a rule that unfairly restricts imports of United States agricultural com- modities in the administration of tariff rate quotas; or (vi) fails to adhere to, or circumvents any obligation under, any provision of a trade agreement with the United States. (B) Consistency with 1974 Trade Act Nothing in this chapter may be construed to authorize the Secretary to make any de- termination regarding an unfair trade prac- tice that is inconsistent with section 2411 of title 19. (6) United States The term ‘‘United States’’ includes each of the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (7) United States agricultural commodity The term ‘‘United States agricultural com- modity’’ means— (A) an agricultural commodity or product entirely produced in the United States; or