7 U.S.C. § 1282 — Declaration of policy

Page 586 TITLE 7—AGRICULTURE § 1282 SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–218, § 1, July 20, 1982, 96 Stat. 197, provided that: ‘‘This Act [enacting sections 1314–1, 1314b–1, 1314b–2, 1445–1, and 1445–2 of this title, amending sec- tions 1301, 1314, 1314b, 1314c, 1314e, 1314f, 1316, 1373, and 1445 of this title, and enacting provisions set out as notes under sections 1314, 1314b, 1445, 1445–1, and 1445–2 of this title, and under section 590h of Title 16, Con- servation] may be cited as the ‘No Net Cost Tobacco Program Act of 1982’.’’ SHORT TITLE OF 1981 AMENDMENT Pub. L. 97–98, § 1, Dec. 22, 1981, 95 Stat. 1213, provided in part that Pub. L. 97–98 [see Tables for classification] be cited as the ‘‘Agriculture and Food Act of 1981’’. SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–113, § 1, Sept. 29, 1977, 91 Stat. 913, provided: ‘‘That this Act [enacting sections 1308 to 1310, 1444c, 1445b to 1445f, 1715, 2027, 2266, 2267, 2281 to 2289, 2669, 2670, 3101 to 3103, 3121 to 3128, 3151 to 3154, 3171 to 3178, 3191 to 3201, 3221, 3222, 3241, 3251, 3252, 3261 to 3263, 3271, 3281, 3282, 3291, 3301 to 3304, 3311 to 3316, and 3401 to 3417 of this title and section 590q–3 of Title 16, Conservation, amending sections 75 to 79b, 84, 87 to 87b, 87e, 87f–1, 87f–2, 87h, 341 to 343, 361c, 390 to 390j, 608e–1, 612c–3, 1011, 1307, 1352, 1358 to 1359, 1373, 1374, 1377, 1385, 1427 to 1428, 1431, 1441, 1444, 1446, 1446a, 1447, 1622, 1702, 1724, 1731 to 1733, 1736b, 1736c, 1781, 1782, 1923, 1929, 1929a, 1932, 1942, 2011 to 2026, 2201, 2204, 2652, 2654, 2662, 2663, 2667, 3104, 3157, 4551, and 4553 of this title, section 714b of Title 15, Commerce and Trade, sections 590h, 590o, 1002, 1005, 1006a, and 1505 of Title 16, and section 6651 of Title 42, The Public Health and Welfare, repealing section 390k of this title, enacting provisions set out as notes under this section, sections 74, 75a, 612c, 1307, 1330, 1331, 1342, 1352, 1353, 1358, 1358a, 1359, 1373, 1377, 1379d, 1385, 1427, 1428, 1441, 1444, 1444b, 1444c, 1445a to 1445c, 1446, 1446d, 1447, 1691, 2011, 2012, 2266, 3101, and 3401 of this title, and section 714b of Title 15, and amending provisions set out as notes under sections 74, 79, 135b, 608c, 612c, 1308, and 2011 of this title and under section 1382e of Title 42] may be cited as the ‘Food and Agriculture Act of 1977’.’’ SHORT TITLE OF 1973 AMENDMENT Pub. L. 93–86, § 6, formerly § 5, Aug. 10, 1973, 87 Stat. 250, as renumbered Pub. L. 95–113, title XIII, § 1304(b)(1), Sept. 29, 1977, 91 Stat. 980, provided that: ‘‘This Act [en- acting sections 612c–2, 612c–3, 1282a, 1427a, 1434, 1441a, 1736e, 2026, and 5942 of this title and sections 1501 to 1510 of Title 16, Conservation, amending sections 608c, 1301, 1305, 1306, 1307, 1334a–1, 1342a, 1344b, 1350, 1374, 1379b, 1379c, 1379g, 1428, 1444, 1444b, 1445a, 1446, 1446a, 1703, 1736c, 1782, 1787, 1925, 1926, 1932, 2012, 2014, 2016, 2019, 2025, 2119, 2651, 2654, 4551, and 4553 of this title, repealing sec- tion 1628 of this title, enacting provisions set out as notes under sections 608c, 612c, 624, 1301, 1305, 1306, 1344b, 1350, 1379b, 1379c, 1379d, 1441, 1444, 1445a, and 1446 of this title, section 142 of Title 13, Census, and section 71 of Title 45, Railroads, and amending provisions set out as notes under sections 135b, 608c, 1305, 1330 to 1336, 1338, 1339, 1342, 1343, 1344, 1344b, 1345, 1346, 1377 to 1379, 1379b, 1379c, 1385, 1427, 1428, 1441, 1445a, 1446, and 1446d of this title] may be cited as the ‘Agriculture and Con- sumer Protection Act of 1973’.’’ SHORT TITLE OF 1970 AMENDMENT Pub. L. 91–524, § 1, Nov. 30, 1970, 84 Stat. 1358, provided: ‘‘That this Act [as amended by section 1 of Pub. L. 93–86, enacting sections 612c–2, 612c-3, 1282a, 1307, 1334a–1, 1339d, 1342a, 1350a, 1427a, 1434, 1441a, 1736e, 1787, 1930, 2119, and 5942 of this title, sections 590q–2 and 1501 to 1510 of Title 16, Conservation, and section 3122 of Title 42, The Public Health and Welfare, amending sec- tions 608c, 1301, 1305, 1306, 1344b, 1350, 1374, 1378, 1379, 1379b, 1379c, 1379d, 1379e, 1379g, 1385, 1427, 1428, 1444, 1444a, 1444b, 1445a, 1446, 1446a, 1703, 1704, 1736, 1736c, 1782, 1787, 1925, 1926, 1932, 2651, 2654, 4551, and 4553 of this title and section 590p of Title 16, Conservation, and enacting provisions set out as notes under sections 135b, 608c, 624, 1301, 1305, 1306, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1338, 1339, 1342, 1342a, 1343, 1344, 1344b, 1345, 1346, 1350, 1359, 1377, 1378, 1379, 1379b to 1379j, 1385, 1427, 1428, 1441, 1444, 1444b, 1445, 1445a, 1446, and 1446d of this title, sec- tion 142 of Title 13, Census, and section 71 of Title 45 Railroads] may be cited as the ‘Agricultural Act of 1970’.’’ SHORT TITLE OF 1964 AMENDMENT Pub. L. 88–297, § 1, Apr. 11, 1964, 78 Stat. 173, provided: ‘‘That this Act [enacting sections 1348 to 1350 of this title, amending sections 1301, 1334, 1336, 1339, 1344, 1376, 1377, 1379b, 1379c, 1379d, 1385, 1421, 1427, 1444, and 1445a of this title, enacting provisions set out as notes under sections 1332 and 1379b of this title, and amending pro- visions set out as a note under section 1441 of this title] may be cited as the ‘Agricultural Act of 1964’.’’ SHORT TITLE OF 1963 AMENDMENT Pub. L. 88–26, § 1, May 20, 1963, 77 Stat. 44, provided: ‘‘That this Act [amending section 1339a of this title and section 590p of Title 16, Conservation, and provisions set out as note under section 1441 of this title] may be cited as the ‘Feed Grain Act of 1963’.’’ SHORT TITLE OF 1962 AMENDMENT Pub. L. 87–703, § 1, Sept. 27, 1962, 76 Stat. 605, provided: ‘‘That this Act [enacting sections 1334b, 1339 to 1339c, 1379a to 1379j, 1431d, 1445a and 1991 of this title and sec- tion 713a–13 of Title 15, Commerce and Trade, amending sections 608c, 1010, 1011, 1301, 1331 to 1334, 1335, 1336, 1340, 1371, 1385, 1427, 1431, 1431b, 1444b, 1697, 1731 to 1733, 1735, 1736, 1923, 1926, 1929, and 1942 of this title and sections 590g, 590h, 590p, 1004 and 1005 of Title 16, Conservation, repealing section 1337 of this title, enacting provisions set out as notes under this section, sections 1301, 1334, and 1441 of this title, and section 590p of Title 16] may be cited as the ‘Food and Agriculture Act of 1962’.’’ SHORT TITLE OF 1958 AMENDMENT Pub. L. 85–835, § 1, Aug. 28, 1958, 72 Stat. 988, provided that: ‘‘This Act [enacting sections 1344 note, 1378, 1431a, 1441 note, 1443, 1444, 1853 note, amending sections 1313, 1334, 1342, 1344, 1347, 1353, 1358, 1423, 1425, 1427, 1441, 1446, 1446a, 1782 to 1784, and repealing section 1301b of this title] may be cited as the ‘Agricultural Act of 1958’ ’’. SHORT TITLE OF 1956 AMENDMENT Act May 28, 1956, ch. 327, § 1, 70 Stat. 188, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Agricultural Act of 1956’.’’ SHORT TITLE OF 1948 AMENDMENT Act July 3, 1948, ch. 827, 62 Stat. 1247, provided in part: ‘‘That this Act [see Tables for classification] may be cited as the ‘Agricultural Act of 1948’.’’ SEPARABILITY Pub. L. 87–703, title IV, § 405, Sept. 27, 1962, 76 Stat. 632, provided that: ‘‘If any provision of this Act [see Short Title of 1962 Amendment note above] is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of this Act and the applicability thereof to other persons and circumstances shall not be af- fected thereby.’’ § 1282. Declaration of policy It is declared to be the policy of Congress to continue the Soil Conservation and Domestic Allotment Act, as amended [16 U.S.C. 590a et seq.], for the purpose of conserving national re- sources, preventing the wasteful use of soil fer- tility, and of preserving, maintaining, and re- building the farm and ranch land resources in Page 587 TITLE 7—AGRICULTURE § 1282 the national public interest; to accomplish these purposes through the encouragement of soil- building and soil-conserving crops and practices; to assist in the marketing of agricultural com- modities for domestic consumption and for ex- port; and to regulate interstate and foreign com- merce in cotton, wheat, corn, and rice to the ex- tent necessary to provide an orderly, adequate, and balanced flow of such commodities in inter- state and foreign commerce through storage of reserve supplies, loans, marketing quotas, as- sisting farmers to obtain insofar as practicable, parity prices for such commodities and parity of income, and assisting consumers to obtain an adequate and steady supply of such commodities at fair prices. (Feb. 16, 1938, ch. 30, § 2, 52 Stat. 31; Pub. L. 108–357, title VI, § 611(e), Oct. 22, 2004, 118 Stat. 1522.) Editorial Notes REFERENCES IN TEXT The Soil Conservation and Domestic Allotment Act, as amended, referred to in text, is act Apr. 27, 1935, ch. 85, 49 Stat. 163, which is classified generally to chapter 3B (§ 590a et seq.) of Title 16, Conservation. For com- plete classification of this Act to the Code, see section 590q of Title 16 and Tables. AMENDMENTS 2004—Pub. L. 108–357 struck out ‘‘tobacco,’’ after ‘‘corn,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under sec- tion 518 of this title. SAVINGS PROVISION Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any pro- vision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. CONGRESSIONAL DECLARATION OF POLICY UNDER AGRICULTURAL ACT OF 1961 Pub. L. 87–128, § 2, Aug. 8, 1961, 75 Stat. 294, provided that: ‘‘In order more fully and effectively to improve, maintain, and protect the prices and incomes of farm- ers, to enlarge rural purchasing power, to achieve a better balance between supplies of agricultural com- modities and the requirements of consumers therefor, to preserve and strengthen the structure of agriculture, and to revitalize and stabilize the overall economy at reasonable costs to the Government, it is hereby de- clared to be the policy of Congress to— ‘‘(a) afford farmers the opportunity to achieve par- ity of income with other economic groups by pro- viding them with the means to develop and strength- en their bargaining power in the Nation’s economy; ‘‘(b) encourage a commodity-by-commodity ap- proach in the solution of farm problems and provide the means for meeting varied and changing condi- tions peculiar to each commodity; ‘‘(c) expand foreign trade in agricultural commod- ities with friendly nations, as defined in section 107 of Public Law 480, 83d Congress, as amended (7 U.S.C. 1707), and in no manner either subsidize the export, sell, or make available any subsidized agricultural commodity to any nations other than such friendly nations and thus make full use of our agricultural abundance; ‘‘(d) utilize more effectively our agricultural pro- ductive capacity to improve the diets of the Nation’s needy persons; ‘‘(e) recognize the importance of the family farm as an efficient unit of production and as an economic base for towns and cities in rural areas and encour- age, promote, and strengthen this form of farm enter- prise; ‘‘(f) facilitate and improve credit services to farm- ers by revising, expanding, and clarifying the laws re- lating to agricultural credit; ‘‘(g) assure consumers of a continuous, adequate, and stable supply of food and fiber at fair and reason- able prices; ‘‘(h) reduce the cost of farm programs, by pre- venting the accumulation of surpluses; and ‘‘(i) use surplus farm commodities on hand as fully as practicable as an incentive to reduce production as may be necessary to bring supplies on hand and firm demand in balance.’’ CONGRESSIONAL DECLARATION OF POLICY FOR YEAR 1949 Act July 3, 1948, ch. 827, title I, § 1(d), 62 Stat. 1248, provided that: ‘‘It is hereby declared to be the policy of the Congress that the lending and purchase operations of the Department of Agriculture (other than those re- ferred to in subsections (a), (b), and (c) hereof [sub- sections (a) and (b) are set out as notes under this sec- tion and subsection (c) is set out as a note under sec- tion 713a–8 of Title 15, Commerce and Trade]) shall be carried out until January 1, 1950, so as to bring the price and income of the producers of other agricultural commodities not covered by subsections (a), (b), and (c) to a fair parity relationship with the commodities in- cluded under subsections (a), (b), and (c), to the extent that funds for such operations are available after tak- ing into account the operations with respect to the commodities covered by subsections (a), (b), and (c). In carrying out the provisions of this subsection the Sec- retary of Agriculture shall have the authority to re- quire compliance with production goals and marketing regulations as a condition to eligibility of producers for price support.’’ STUDY OF PARITY INCOME POSITION OF FARMERS; REPORT TO CONGRESS BY JUNE 30, 1966 Pub. L. 89–321, title VII, § 705, Nov. 3, 1965, 79 Stat. 1210, directed the Secretary of Agriculture to make a study of the parity income position of farmers, and re- port the results of such study to the Congress not later than June 30, 1966. PRICE STABILIZATION DURING YEAR 1950 Act July 3, 1948, ch. 827, title I, § 1(a), (b), 62 Stat. 1247, 1248, as amended June 10, 1949, ch. 191, 63 Stat. 169, au- thorized the Secretary of Agriculture through any in- strumentality or agency within or under the direction of the Department of Agriculture, by loans, purchases, or other operations to support prices received by pro- ducers of cotton, wheat, corn, tobacco, rice, and pea- nuts marketed before June 30, 1950 (Sept. 30, 1950, in the case of Maryland and the cigar-leaf types of tobacco), if producers had not disapproved marketing quotas for such commodity for the marketing year beginning in the calendar year in which the crop is harvested. Act July 3, 1948, ch. 827, title I, § 2, 62 Stat. 1248, au- thorized the Secretary, from any funds available to the Department of Agriculture or any agency operating under its direction for price support operations or for the disposal of agricultural commodities, to use such sums as may be necessary to carry out the provisions of section 1 of the Act (enacting provisions set out as notes under this section and amending provisions set out as a note under section 713a–8 of this title). Page 588 TITLE 7—AGRICULTURE § 1282a Executive Documents TRANSFER OF FUNCTIONS Functions of Agricultural Adjustment Administra- tion transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out under section 610 of this title. Soil Conservation Service and Agricultural Adjust- ment Administration consolidated with other agencies into Agricultural Conservation and Adjustment Admin- istration for duration of war, see Ex. Ord. No. 9069, Feb. 23, 1942, 7 F.R. 1409. Functions of Soil Conservation Service in Depart- ment of Agriculture with respect to soil and moisture conservation operations conducted on lands under ju- risdiction of Department of the Interior transferred to Department of the Interior, to be administered under direction and supervision of Secretary of the Interior through such agency or agencies in Department of the Interior as Secretary shall designate, by 1940 Reorg. Plan No. IV, § 6, eff. June 30, 1940, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. See, also, sections 13 to 15 of said plan for provi- sions relating to transfer of functions of department heads, records, property, personnel, and funds. § 1282a. Emergency supply of agricultural prod- ucts (a) Establishment of prices to insure orderly, adequate and steady supply of products Notwithstanding any other provision of law, the Secretary of Agriculture shall assist farm- ers, processors, and distributors in obtaining such prices for agricultural products that an or- derly, adequate and steady supply of such prod- ucts will exist for the consumers of this nation. (b) Adjustments in maximum price of products subject to any price control or freeze order or regulation to increase supply The President shall make appropriate adjust- ments in the maximum price which may be charged under the provisions of Executive Order 11723 (dated June 13, 1973) or any subsequent Ex- ecutive Order for any agricultural products (at any point in the distribution chain) as to which the Secretary of Agriculture certifies to the President that the supply of the product will be reduced to unacceptably low levels as a result of any price control or freeze order or regulation and that alternative means for increasing the supply are not available. (c) ‘‘Agricultural products’’ defined Under this section, the term ‘‘agricultural products’’ shall include meat, poultry, vegeta- bles, fruits and all other agricultural commod- ities in raw or processed form, except forestry products or fish or fishery products. (d) Implementation of policies to encourage full production in periods of short supply at fair and reasonable prices The Secretary of Agriculture is directed to im- plement policies under this Act which are de- signed to encourage American farmers to produce to their full capabilities during periods of short supply to assure American consumers with an adequate supply of food and fiber at fair and reasonable prices. (Pub. L. 91–524, title VIII, § 815, as added Pub. L. 93–86, § 1(27)(B), Aug. 10, 1973, 87 Stat. 240.) Editorial Notes REFERENCES IN TEXT Executive Order 11723 (dated June 13, 1973), referred to in subsec. (b), was revoked by Ex. Ord. No. 11788, June 18, 1974, 39 F.R. 22113. This Act, referred to in subsec. (d), is Pub. L. 91–524, Nov. 30, 1970, 84 Stat. 1358, known as the Agricultural Act of 1970. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under section 1281 of this title and Tables. CODIFICATION Section was enacted as part of the Agricultural Act of 1970 as added by the Agriculture and Consumer Pro- tection Act of 1973, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. SUBCHAPTER I—ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS, AND DISPOSITION OF SURPLUSES § 1291. Adjustments in freight rates (a) Complaints by Secretary of Agriculture; no- tice of hearings The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any com- plaint (filed by any person other than the Sec- retary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Sec- retary to be notified, and, upon application by the Secretary, shall permit the Secretary to ap- pear and be heard. (b) Secretary as party to proceedings If such rate, charge, tariff, or practice com- plained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the pro- ceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board’s determination. The liability of the Sec- retary in any such case shall extend only to li- ability for court costs. (c) Utilization of records, services, etc., of De- partment of Agriculture For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture. (d) Cooperation with complaining farm associa- tions The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transpor- tation Board with respect to rates, charges, tar- iffs, and practices relating to the transportation of farm products. (Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36; Pub. L. 104–88, title III, § 311, Dec. 29, 1995, 109 Stat. 948.)