7 U.S.C. § 7958 — Miscellaneous provisions

Page 2141 TITLE 7—AGRICULTURE § 7958 (A) the payment rate determined under paragraph (3) for peanuts; by (B) the quantity of the peanuts produced by the producers, excluding any quantity for which the producers obtain a marketing as- sistance loan under subsection (a). (3) Payment rate For purposes of this subsection, the payment rate shall be the amount by which— (A) the loan rate established under sub- section (b); exceeds (B) the rate at which a loan may be repaid under subsection (d). (4) Effective date for payment rate determina- tion (A) In general The Secretary shall determine the amount of the loan deficiency payment to be made under this subsection to the producers on a farm with respect to a quantity of peanuts using the payment rate in effect under para- graph (3) as of the date the producers request the payment. (B) Special rule for 2002 crop year For the 2002 crop year only, the Secretary shall determine the amount of the loan defi- ciency payment to be made under this sub- section to the producers on a farm with re- spect to a quantity of peanuts using the pay- ment rate in effect under paragraph (3) as of the earlier of the following: (i) The date on which the producers mar- keted or otherwise lost beneficial interest in the crop, as determined by the Sec- retary. (ii) The date the producers request the payment. (f) Compliance with conservation and wetlands requirements As a condition of the receipt of a marketing assistance loan under subsection (a), the pro- ducer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.) during the term of the loan. (g) Reimbursable agreements and payment of ad- ministrative expenses The Secretary may implement any reimburs- able agreements or provide for the payment of administrative expenses under this subchapter only in a manner that is consistent with such activities in regard to other commodities. (Pub. L. 107–171, title I, § 1307, May 13, 2002, 116 Stat. 175.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in subsec. (f), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Sub- titles B and C of title XII of the Act are classified gen- erally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively, of chapter 58 of Title 16, Conserva- tion. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. This subchapter, referred to in subsec. (g), was in the original ‘‘this subtitle’’, meaning subtitle C (§§ 1301–1310) of Pub. L. 107–171, title I, May 13, 2002, 116 Stat. 166, which is classified principally to this sub- chapter. For complete classification of subtitle C to the Code, see References in Text note set out under section 7951 of this title and Tables. § 7958. Miscellaneous provisions (a) Mandatory inspection All peanuts marketed in the United States shall be officially inspected and graded by Fed- eral or Federal-State inspectors. (b) Termination of Peanut Administrative Com- mittee The Peanut Administrative Committee estab- lished under Marketing Agreement No. 146 issued pursuant to the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amend- ments by the Agricultural Marketing Agree- ment Act of 1937, is terminated. (c) Peanut Standards Board (1) Establishment and purpose The Secretary shall establish a Peanut Standards Board for the purpose of advising the Secretary regarding the establishment of quality and handling standards for domesti- cally produced and imported peanuts. (2) Membership and appointment (A) Total members The Board shall consist of 18 members, with representation equally divided between peanut producers and peanut industry rep- resentatives. (B) Appointment process for producers The Secretary shall appoint— (i) 3 producers from the Southeast (Ala- bama, Georgia, and Florida) peanut pro- ducing region; (ii) 3 producers from the Southwest (Texas, Oklahoma, and New Mexico) pea- nut producing region; and (iii) 3 producers from the Virginia/Caro- lina (Virginia, North Carolina, and South Carolina) peanut producing region. (C) Appointment process for industry rep- resentatives The Secretary shall appoint 3 peanut in- dustry representatives from each of the 3 peanut producing regions in the United States. (3) Terms (A) In general A member of the Board shall serve a 3-year term. (B) Initial appointment In making the initial appointments to the Board, the Secretary shall stagger the terms of the members so that— (i) 1 producer member and peanut indus- try member from each peanut producing region serves a 1-year term; (ii) 1 producer member and peanut indus- try member from each peanut producing region serves a 2-year term; and Page 2142 TITLE 7—AGRICULTURE § 7959 (iii) 1 producer member and peanut in- dustry member from each peanut pro- ducing region serves a 3-year term. (4) Consultation required The Secretary shall consult with the Board in advance whenever the Secretary establishes or changes, or considers the establishment of or a change to, quality and handling standards for peanuts. (5) Chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Board. (d) Priority The Secretary shall make identifying and combating the presence of all quality concerns related to peanuts a priority in the development of quality and handling standards for peanuts and in the inspection of domestically produced and imported peanuts. The Secretary shall con- sult with appropriate Federal and State agen- cies to provide adequate safeguards against all quality concerns related to peanuts. (e) Consistent standards Imported peanuts shall be subject to the same quality and handling standards as apply to do- mestically produced peanuts. (f) Authorization of appropriations (1) In general In addition to other funds that are available to carry out this section, there is authorized to be appropriated such sums as are necessary to carry out this section. (2) Treatment of Board expenses The expenses of the Peanut Standards Board shall not be counted toward any general limi- tation on the expenses of advisory commit- tees, panels, commissions, and task forces of the Department of Agriculture, whether en- acted before, on, or after May 13, 2002, unless the limitation specifically refers to this para- graph and specifically includes the Peanut Standards Board within the general limita- tion. (g) Transition rule (1) Temporary designation of Peanut Adminis- trative Committee members Notwithstanding the appointment process specified in subsection (c) for the Peanut Standards Board, during the transition period, the Secretary may designate persons serving as members of the Peanut Administrative Committee on the day before May 13, 2002, to serve as members of the Peanut Standards Board for the purpose of carrying out the du- ties of the Board described in this section. (2) Funds The Secretary may transfer any funds avail- able to carry out the activities of the Peanut Administrative Committee to the Peanut Standards Board to carry out the duties of the Board described in this section. (3) Transition period In paragraph (1), the term ‘‘transition pe- riod’’ means the period beginning on May 13, 2002, and ending on the earlier of— (A) the date the Secretary appoints the members of the Peanut Standards Board pursuant to subsection (c); or (B) 180 days after May 13, 2002. (h) Effective date This section shall take effect with the 2002 crop of peanuts. (Pub. L. 107–171, title I, § 1308, May 13, 2002, 116 Stat. 178; Pub. L. 115–334, title XII, § 12517, Dec. 20, 2018, 132 Stat. 5000; Pub. L. 117–286, § 4(a)(41), Dec. 27, 2022, 136 Stat. 4309.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, referred to in subsec. (b), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, which is classified gen- erally to chapter 26 (§ 601 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Ta- bles. AMENDMENTS Subsec. (c)(5). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2018—Subsec. (c)(2)(B)(iii). Pub. L. 115–334 substituted ‘‘Virginia, North Carolina, and South Carolina’’ for ‘‘Virginia and North Carolina’’. § 7959. Termination of marketing quota programs for peanuts and compensation to peanut quota holders for loss of quota asset value (a) Repeal of marketing quota (1) Omitted (2) Treatment of 2001 crop Part VI of subtitle B of title III of the Agri- cultural Adjustment Act of 1938 (7 U.S.C. 1357–1359a), as in effect on the day before May 13, 2002, shall continue to apply with respect to the 2001 crop of peanuts notwithstanding the amendment made by paragraph (1). Section 7958(g)(2) of this title shall also apply to the 2001 crop of peanuts. (b) Compensation contract required (1) In general The Secretary shall offer to enter into a con- tract with each person that the Secretary de- termines is an eligible peanut quota holder under subsection (f) for the purpose of pro- viding compensation for the lost value of the quota on account of the repeal of the mar- keting quota program for peanuts under sub- section (a). (2) Payment period The Secretary shall make payments under the contracts during fiscal years 2002 through 2006. (c) Time for payment (1) Payment in installments The payments required under the contracts shall be provided in 5 equal installments not later than September 30 of each of fiscal years 2002 through 2006.