7 U.S.C. § 627 — Dairy forward pricing pilot program

Page 513 TITLE 7—AGRICULTURE § 627 DONE at the City of Washington this 11th day of Sep- tember in the year of our Lord nineteen hun- dred and sixty-one, and of the Independence of the United States of America the one hundred and eighty-sixth. [SEAL] JOHN F. KENNEDY. § 625. Repealed. Pub. L. 108–357, title VI, § 611(s), Oct. 22, 2004, 118 Stat. 1523 Section, Pub. L. 98–59, § 3, July 25, 1983, 97 Stat. 296, related to review of the effects of Burley tobacco im- ports on the Department of Agriculture’s Burley to- bacco price-support program. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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 section 518 of this title. SAVINGS PROVISION Repeal not to affect the liability of any person under this section 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. § 626. Import inventory (a) Compilation and report on imports The Secretary of Agriculture, in consultation with the Secretary of Commerce, the Inter- national Trade Commission, the United States Trade Representative, and the heads of all other appropriate Federal agencies, shall compile and report to the public statistics on the total value and quantity of imported raw and processed ag- ricultural products. The report shall be limited to those statistics that such agencies already obtain for other purposes. (b) Compilation and report on consumption The Secretary shall compile and report to the public data on the total quantity of production and consumption of domestically produced raw and processed agricultural products. (c) Issuing of data The reports required by this section shall be made in a format that correlates statistics for the quantity and value of imported agricultural products to the production and consumption of domestic agricultural products. The Secretary shall issue such reports on an annual basis, with the first report required not later than 1 year after August 23, 1988. (Pub. L. 100–418, title IV, § 4502, Aug. 23, 1988, 102 Stat. 1403.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Com- petitiveness and Trade Act of 1988 and also as part of the Omnibus Trade and Competitiveness Act of 1988, and not as part of the Agricultural Adjustment Act which comprises this chapter. § 627. Dairy forward pricing pilot program (a) Pilot program required Not later than 90 days after November 29, 1999, the Secretary of Agriculture shall establish a temporary pilot program under which milk pro- ducers and cooperatives are authorized to volun- tarily enter into forward price contracts with milk handlers. (b) Minimum milk price requirements Payments made by milk handlers to milk pro- ducers and cooperatives, and prices received by milk producers and cooperatives, under the for- ward contracts shall be deemed to satisfy— (1) all regulated minimum milk price re- quirements of paragraphs (B) and (F) of sub- section (5) of section 608c of this title; and (2) the requirement of paragraph (C) of such subsection regarding total payments by each handler. (c) Milk covered by pilot program (1) Covered milk The pilot program shall apply only with re- spect to the marketing of federally regulated milk that— (A) is not classified as Class I milk or oth- erwise intended for fluid use; and (B) is in the current of interstate or for- eign commerce or directly burdens, ob- structs, or affects interstate or foreign com- merce in federally regulated milk. (2) Relation to Class I milk To assist milk handlers in complying with the limitation in paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allocate milk receipts from producers, cooperatives, and other sources that are not subject to a forward contract to satisfy the handler’s obligations with regard to Class I milk usage. (d) Duration The authority of the Secretary of Agriculture to carry out the pilot program shall terminate on December 31, 2004. No forward price contract entered into under the program may extend be- yond that date. (e) Study and report on effect of pilot program (1) Study The Secretary of Agriculture shall conduct a study on forward contracting between milk producers and cooperatives and milk handlers to determine the impact on milk prices paid to producers in the United States. To obtain in- formation for the study, the Secretary may use the authorities available to the Secretary under section 608d of this title, subject to the confidentiality requirements of subsection (2) of such section. (2) Report Not later than April 30, 2002, the Secretary shall submit to the Committee on Agriculture, Nutrition and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report containing the re- sults of the study. (May 12, 1933, ch. 25, title I, § 23, as added Pub. L. 106–113, div. B, § 1000(a)(8) [§ 3], Nov. 29, 1999, 113 Stat. 1536, 1501A–519.) Page 514 TITLE 7—AGRICULTURE §§ 641 to 659 Editorial Notes CODIFICATION Another section 23 of act May 12, 1933 amended former section 781 of Title 12, Banks and Banking. SUBCHAPTER IV—REFUNDS Statutory Notes and Related Subsidiaries APPROPRIATIONS FOR REFUNDS AND PAYMENTS OF PROCESSING AND RELATED TAXES AND LIMITATIONS THEREON Acts June 25, 1938, ch. 681, 52 Stat. 1150; May 6, 1939, ch. 115, § 1, 53 Stat. 661, 662; Feb. 12, 1940, ch. 28, § 1, 54 Stat. 36; Mar. 25, 1940, ch. 71, title I, 54 Stat. 61; May 31, 1941, ch. 156, title I, § 1, 55 Stat. 218; Mar. 10, 1942, ch. 178, title I, § 1, 56 Stat. 156; June 30, 1943, ch. 179, title I, 57 Stat. 257; Apr. 22, 1944, ch. 175, title I, § 1, 58 Stat. 201; Apr. 24, 1945, ch. 92, title I, 59 Stat. 62; July 20, 1946, ch. 588, title I, 60 Stat. 574. §§ 641 to 659. Omitted Editorial Notes CODIFICATION Section 641, act June 22, 1936, ch. 690, § 601, 49 Stat. 1739, related to refunds in cases where exports, deliv- eries for charitable distribution or use, manufacture of large cotton bags, or the decrease in rate of processing tax took place prior to January 6, 1936, specified per- sons entitled to refunds, and filing and determination of claims. Section 642, acts June 22, 1936, ch. 690, § 602, 49 Stat. 1740; Aug. 10, 1939, ch. 666, title IX, § 911, 53 Stat. 1402, specified amount of refunds on articles processed whol- ly or in chief value from a commodity subject to proc- essing tax, defined certain terms, prohibited payments with respect to retail floor stocks with some excep- tions, and made final determinations of Commissioner of Internal Revenue with respect to such payments. Section 643, act June 22, 1936, ch. 690, § 603, 49 Stat. 1742, made applicable proclamations, certificates, and regulations of this chapter for purpose of determining amount of refunds or payments authorized by sections 641 and 642. Section 644, acts June 22, 1936, ch. 690, § 902, 49 Stat. 1747; Oct. 21, 1942, ch. 619, title V, §§ 504(a), (c), 510(e), 56 Stat. 957, 968, conditioned allowance of refunds on a showing by claimant that he bore burden of tax or that he repaid such amount unconditionally to his vendee. Section 645, acts June 22, 1936, ch. 690, § 903, 49 Stat. 1747; June 29, 1939, ch. 247, title IV, § 405, 53 Stat. 884, prohibited refunds except where claims were filed after June 22, 1936, and prior to January 1, 1940, and provided for regulations relating to filing of such claims. Section 646, act June 22, 1936, ch. 690, § 904, 49 Stat. 1747, provided that no action could be brought before expiration of eighteen months from date of filing of a claim, or after expiration of two years from date of mailing to claimant of a notice disallowing the claim. Section 647, act June 22, 1936, ch. 690, § 905, 49 Stat. 1748, provided for District Courts of the United States to have concurrent jurisdiction with Court of Claims or refund cases regardless of amount in controversy. Section 648, acts June 22, 1936, ch. 690, § 906, 49 Stat. 1748; Oct. 21, 1942, ch. 619, title V, §§ 504(a), (c), 510(b), (f)(1), (g)–(j), 56 Stat. 957, 967; June 25, 1948, ch. 646, § 32, 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107, re- lated to procedure on claims for refunds of processing taxes, review of actions of Commissioner of Internal Revenue by Tax Court, and review of Tax Court deci- sions by Courts of Appeals. Section 649, act June 22, 1936, ch. 690, § 907, 49 Stat. 1751, related to evidence and presumptions. Section 650, act June 22, 1936, ch. 690, § 908, 49 Stat. 1753, placed limitations on allowance of claims and in- terest. Section 651, act June 22, 1936, ch. 690, § 909, 49 Stat. 1753, provided that, in absence of fraud or mistake, findings of fact and conclusions of law of Commissioner was conclusive on any other administrative or account- ing officer. Section 652, act June 22, 1936, ch. 690, § 910, 49 Stat. 1753, related to liability of collectors. Section 653, act June 22, 1936, ch. 690, § 911, 49 Stat. 1753, made provisions of former sections 644–659 of this title inapplicable to certain refunds. Section 654, act June 22, 1936, ch. 690, § 912, 49 Stat. 1754, provided that suits or proceedings, and claims barred on June 22, 1936, shall remain barred. Section 655, act June 22, 1936, ch. 690, § 913, 49 Stat. 1754, defined ‘‘tax’’, ‘‘processing tax,’’ ‘‘commodity’’, ‘‘article’’, ‘‘refund’’, and ‘‘Agricultural Adjustment Act’’. Section 656, act June 22, 1936, ch. 690, § 914, 49 Stat. 1754, related to authority of Commissioner of Internal Revenue. Section 657, act June 22, 1936, ch. 690, § 915, 49 Stat. 1755, relating to salaries and administrative expenses, made funds available until June 30, 1937, and was not extended. Section 658, act June 22, 1936, ch. 690, § 916, 49 Stat. 1755, provided that Commissioner of Internal Revenue, with approval of Secretary of Agriculture, prescribe rules and regulations for carrying out provisions of sec- tions 644 to 659 of this title. Section 659, act June 22, 1936, ch. 690, § 917, 49 Stat. 1755, related to personnel. CHAPTER 26A—AGRICULTURAL MARKETING AGREEMENTS Sec. 671. Arbitration of disputes concerning milk. 672. Agreements; licenses, regulations, programs, etc., unaffected. 673. Taxes under Agricultural Adjustment Act; laws unaffected. 674. Short title. § 671. Arbitration of disputes concerning milk (a) Application The Secretary of Agriculture, or such officer or employee of the Department of Agriculture as may be designated by him, upon written applica- tion of any cooperative association, incor- porated or otherwise, which is in good faith owned or controlled by producers or organiza- tions thereof, of milk or its products, and which is bona fide engaged in collective processing or preparing for market or handling or marketing (in the current of interstate or foreign com- merce, as defined by section 610(j) of this title), milk or its products, may mediate and, with the consent of all parties, shall arbitrate if the Sec- retary has reason to believe that the declared policy of the Agricultural Adjustment Act [7 U.S.C. 601 et seq.], as amended, would be effec- tuated thereby, bona fide disputes, between such associations and the purchasers or handlers or processors or distributors of milk or its prod- ucts, as to terms and conditions of the sale of milk or its products. The power to arbitrate under this section shall apply only to such sub- jects of the term or condition in dispute as could be regulated under the provisions of the Agricul- tural Adjustment Act, as amended, relating to orders for milk and its products. (b) Conduct of meetings Meetings held pursuant to this section shall be conducted subject to such rules and regulations as the Secretary may prescribe.