7 U.S.C. § 291 — Authorization of associations; powers

Page 364 TITLE 7—AGRICULTURE § 283 against the United States for characterization as a mis- demeanor, increased maximum fine to $1,000 from $500 and struck out provision relating to discretion of the court. § 283. Propagation of stock and release of germ plasm The Secretary of Agriculture may propagate bee-breeding stock and may release bee germ plasm to the public. (Sept. 21, 1944, ch. 412, title I, § 103, 58 Stat. 735; Oct. 31, 1951, ch. 654, § 3(1), 65 Stat. 708; Pub. L. 97–98, title XI, § 1120, Dec. 22, 1981, 95 Stat. 1273.) Editorial Notes CODIFICATION This section was not enacted as part of act Aug. 31, 1922, which comprises this chapter. Provisions similar to this section were contained in the following prior Department of Agriculture Appro- priation Acts: June 28, 1944, ch. 296, 58 Stat. 439. July 12, 1943, ch. 215, 57 Stat. 407. AMENDMENTS 1981—Pub. L. 97–98 inserted ‘‘and may release bee germ plasm to the public’’. 1951—Act Oct. 31, 1951, struck out provisions relating to sale of surplus bee-breeding stock, and the fixing of rates and disposition of proceeds in connection there- with. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective on Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. § 284. Eradication and control of undesirable spe- cies and subspecies (a) Operations in United States The Secretary of Agriculture either independ- ently or in cooperation with States or political subdivisions thereof, farmers’ associations, and similar organizations and individuals, is author- ized to carry out operations or measures in the United States to eradicate, suppress, control, and to prevent or retard the spread of undesir- able species and subspecies of honeybees. (b) Cooperation with certain foreign govern- ments; measure and character; consultation with Secretary of State The Secretary of Agriculture is authorized to cooperate with the Governments of Canada, Mexico, Guatemala, Belize, Honduras, El Sal- vador, Nicaragua, Costa Rica, Panama, and Co- lombia, or the local authorities thereof, in car- rying out necessary research, surveys, and con- trol operations in those countries in connection with the eradication, suppression, control, and prevention or retardation of the spread of unde- sirable species and subspecies of honeybees, in- cluding but not limited to Apis mellifera adansonii, commonly known as the African or Brazilian honeybee. The measure and character of cooperation carried out under this subsection on the part of such countries, including the ex- penditure or use of funds appropriated pursuant to this chapter, shall be such as may be pre- scribed by the Secretary of Agriculture. Ar- rangements for the cooperation authorized by this subsection shall be made through and in consultation with the Secretary of State. (c) Responsibility for authority to carry out oper- ations In performing the operations or measures au- thorized in this chapter, the cooperating foreign country, State, or local agency shall be respon- sible for the authority to carry out such oper- ations or measures on all lands and properties within the foreign country or State, other than those owned or controlled by the Federal Gov- ernment of the United States, and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. (Aug. 31, 1922, ch. 301, § 3, as added Pub. L. 94–319, § 3, June 25, 1976, 90 Stat. 709.) Statutory Notes and Related Subsidiaries INDEMNIFICATION FOR BEEKEEPERS Pub. L. 91–524, title VIII, § 804, Nov. 30, 1970, 84 Stat. 1382, as amended by Pub. L. 93–86, § 1(27)(A), Aug. 10, 1973, 87 Stat. 237; Pub. L. 95–113, title II, § 207, Sept. 29, 1977, 91 Stat. 921, authorized the Secretary of Agri- culture to make indemnity payments, based on net loss, to beekeepers who through no fault of their own lost honey bees after Jan. 1, 1967, as a result of utiliza- tion of economic poisons, registered and approved for use by the Federal Government, near or adjacent to the beehives, with this section expired after Sept. 30, 1981. § 285. Uses of funds Funds appropriated to carry out the provisions of this chapter may also be used for printing and binding without regard to section 501 of title 44 for employment, by contract or otherwise, of ci- vilian nationals of Canada, Mexico, Guatemala, Belize, Honduras, El Salvador, Nicaragua, Costa Rica, Panama, and Colombia for services abroad, and for the construction and operation of re- search laboratories, quarantine stations, and other buildings and facilities. (Aug. 31, 1922, ch. 301, § 4, as added Pub. L. 94–319, § 3, June 25, 1976, 90 Stat. 710.) § 286. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the provisions of this chapter. (Aug. 31, 1922, ch. 301, § 5, as added Pub. L. 94–319, § 3, June 25, 1976, 90 Stat. 710.) CHAPTER 12—ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS Sec. 291. Authorization of associations; powers. 292. Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure. § 291. Authorization of associations; powers Persons engaged in the production of agricul- tural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively proc- essing, preparing for market, handling, and mar- Page 365 TITLE 7—AGRICULTURE § 292 keting in interstate and foreign commerce, such products of persons so engaged. Such associa- tions may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however, That such associations are operated for the mutual benefit of the members thereof, as such pro- ducers, and conform to one or both of the fol- lowing requirements: First. That no member of the association is al- lowed more than one vote because of the amount of stock or membership capital he may own therein, or, Second. That the association does not pay dividends on stock or membership capital in ex- cess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members. (Feb. 18, 1922, ch. 57, § 1, 42 Stat. 388.) § 292. Monopolizing or restraining trade and un- duly enhancing prices prohibited; remedy and procedure If the Secretary of Agriculture shall have rea- son to believe that any such association monop- olizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such associa- tion a complaint stating his charge in that re- spect, to which complaint shall be attached, or contained therein, a notice of hearing, speci- fying a day and place not less than thirty days after the service thereof, requiring the associa- tion to show cause why an order should not be made directing it to cease and desist from mo- nopolization or restraint of trade. An associa- tion so complained of may at the time and place so fixed show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the Secretary of Agriculture may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Sec- retary of Agriculture shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced thereby, he shall issue and cause to be served upon the associa- tion an order reciting the facts found by him, di- recting such association to cease and desist from monopolization or restraint of trade. On the request of such association or if such asso- ciation fails or neglects for thirty days to obey such order, the Secretary of Agriculture shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all the records in the proceeding, together with a petition asking that the order be enforced, and shall give notice to the Attorney General and to said association of such filing. Such district court shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in con- sidering such order. The place of trial may, for cause or by consent of parties, be changed as in other causes. The facts found by the Secretary of Agri- culture and recited or set forth in said order shall be prima facie evidence of such facts, but either party may adduce additional evidence. The Department of Justice shall have charge of the enforcement of such order. After the order is so filed in such district court and while pending for review therein the court may issue a tem- porary writ of injunction forbidding such asso- ciation from violating such order or any part thereof. The court may, upon conclusion of its hearing, enforce its decree by a permanent in- junction or other appropriate remedy. Service of such complaint and of all notices may be made upon such association by service upon any offi- cer or agent thereof engaged in carrying on its business, or on any attorney authorized to ap- pear in such proceedings for such association, and such service shall be binding upon such as- sociation, the officers, and members thereof. (Feb. 18, 1922, ch. 57, § 2, 42 Stat. 388.) Statutory Notes and Related Subsidiaries RESTRICTION ON USE OF FUNDS RESPECTING STUDY, IN- VESTIGATION, OR PROSECUTION OF ANY AGRICULTURAL COOPERATIVE OR STUDY OR INVESTIGATION OF ANY AGRICULTURAL MARKETING ORDERS For provisions restricting the use of funds authorized to be appropriated to carry out section 41 et seq. of Title 15, Commerce and Trade, for fiscal year 1980, 1981, or 1982, for the purpose of conducting any study, inves- tigation, or prosecution of any provisions of this chap- ter, see section 20 of Pub. L. 96–252, set out as a note under section 57c of Title 15. CHAPTER 13—AGRICULTURAL AND MECHANICAL COLLEGES SUBCHAPTER I—COLLEGE-AID LAND APPROPRIATION Sec. 301. Land grant aid of colleges. 302. Method of apportionment and selection; issuance of land scrip. 303. Management expenses paid by State. 304. Investment of proceeds of sale of land or scrip. 305. Conditions of grant. 306. Repealed. 307. Fees for locating land scrip. 308. Reports by State governors of sale of scrip. 309. Land grants in the State of North Dakota. SUBCHAPTER II—COLLEGE-AID ANNUAL APPROPRIATION 321. Secretary of Agriculture to administer an- nual college-aid appropriation. 322. Annual appropriation. 323. Racial discrimination by colleges restricted. 324. Time, manner, etc., of annual payments. 325. State to replace funds misapplied, etc.; re- strictions on use of funds; reports by col- leges. 326. Ascertainment and certification of amounts due States; certificates withheld from States; appeal to Congress. 326a. Annual appropriations for Puerto Rico, Vir- gin Islands, American Samoa, Guam, North- ern Mariana Islands, Federated States of Micronesia, Republic of the Marshall Is- lands, and Republic of Palau.