7 U.S.C. § 4209 — Prohibition on maintenance of actions

Page 1683 TITLE 7—AGRICULTURE § 4301 Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 substituted ‘‘On January 1, 1987, and at the beginning of each subsequent calendar year.’’ for ‘‘Within one year after December 22, 1981,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under sec- tion 4201 of this title. § 4208. Limitations (a) This chapter does not authorize the Fed- eral Government in any way to regulate the use of private or non-Federal land, or in any way af- fect the property rights of owners of such land. (b) None of the provisions or other require- ments of this chapter shall apply to the acquisi- tion or use of farmland for national defense pur- poses during a national emergency. (Pub. L. 97–98, title XV, § 1547, Dec. 22, 1981, 95 Stat. 1344; Pub. L. 101–624, title XXV, § 2502, Nov. 28, 1990, 104 Stat. 4066.) Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–624 inserted before pe- riod at end ‘‘during a national emergency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under sec- tion 4201 of this title. § 4209. Prohibition on maintenance of actions This chapter shall not be deemed to provide a basis for any action, either legal or equitable, by any person or class of persons challenging a Fed- eral project, program, or other activity that may affect farmland: Provided, That the Gov- ernor of an affected State where a State policy or program exists to protect farmland may bring an action in the Federal district court of the district where a Federal program is proposed to enforce the requirements of section 4202 of this title and regulations issued pursuant thereto. (Pub. L. 97–98, title XV, § 1548, Dec. 22, 1981, 95 Stat. 1344; Pub. L. 99–198, title XII, § 1255(b), Dec. 23, 1985, 99 Stat. 1518.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 substituted ‘‘by any person’’ for ‘‘by any State, local unit of government, or any per- son’’ and inserted proviso. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under sec- tion 4201 of this title. CHAPTER 74—FLORAL RESEARCH AND CONSUMER INFORMATION Sec. 4301. Congressional findings and declaration of pol- icy. Sec. 4302. Definitions. 4303. Floral research and promotion orders. 4304. Notice and hearing. 4305. Finding and issuance of orders. 4306. Required terms in orders. 4307. Permissive terms in orders. 4308. Referendum; necessity, etc. 4309. Suspension and termination of orders. 4310. Amendments to orders. 4311. Exemption from assessments. 4312. Refund of assessments. 4313. Administrative and judicial review; proce- dures applicable. 4314. Enforcement of provisions. 4315. Certification of organizations; applicable cri- teria and considerations. 4316. Regulations. 4317. Investigations; subpena powers, etc.; enforce- ment. 4318. Separability. 4319. Authorization of appropriations. § 4301. Congressional findings and declaration of policy Flowers and plants are an integral part of American life, contributing a natural and beau- tiful element, especially in urban areas, to what is increasingly a manmade, artificial environ- ment for this country’s citizens. Providing com- fort and pleasure for many special occasions as well as for everyday living, flowers and plants work against visual pollution and, in the case of green plants, generate oxygen within their envi- ronment. The flowers and plants to which this chapter refers are cut flowers, potted flowering plants, and foliage plants. These flowers and plants are produced by many individual pro- ducers throughout the United States and in for- eign countries. These products move in inter- state and foreign commerce, and those that do not move in such channels of commerce directly burden or affect interstate commerce of these products. The maintenance and expansion of ex- isting markets and the development of new or improved markets and uses are vital to the wel- fare of flower and plant producers, brokers, wholesalers, and retailers throughout the Na- tion. The floral industry within the United States is comprised mainly of small- and me- dium-sized businesses. The producers are pri- marily agriculturally-oriented companies rather than promotion-oriented companies. The devel- opment and implementation of coordinated pro- grams of research and promotion necessary for the maintenance of markets and the develop- ment of new markets have been inadequate. Without cooperative action in providing for and financing such programs, individual flower and plant producers, wholesalers, and retailers are unable to implement programs of research, con- sumer and producer information, and promotion necessary to maintain and improve markets for these products. It is widely recognized that it is in the public interest to provide an adequate, steady supply of fresh flowers and plants to the consumers of the Nation. The American con- sumer requires a continuing supply of quality and affordable flowers and plants as an impor- tant element in the quality of life. It is, there- fore, declared to be the policy of Congress and the purpose of this chapter that it is essential and in the public interest to authorize the estab-