7 U.S.C. § 2911 — Authorization of appropriations

Page 1548 TITLE 7—AGRICULTURE § 2908 § 2908. Enforcement (a) Restraining order; civil penalty If the Secretary believes that the administra- tion and enforcement of this chapter or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may— (1) issue an order to restrain or prevent a person from violating an order; and (2) assess a civil penalty of not more than $5,000 for violation of such order. (b) Jurisdiction of district court The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from vio- lating, an order or regulation made or issued under this chapter. (c) Civil action to be referred to Attorney Gen- eral A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action. (Pub. L. 94–294, § 9, May 28, 1976, 90 Stat. 534; Pub. L. 95–334, title III, § 302, Aug. 4, 1978, 92 Stat. 433; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1605.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to enforcement for provi- sions relating to referendum and cattle producer ap- proval of orders, reimbursement of expenses by Sec- retary, procedural requirements, and bonding require- ments. 1978—Pub. L. 95–334 substituted ‘‘a majority’’ for ‘‘not less than two-thirds’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title. § 2909. Investigations by Secretary; oaths and af- firmations; subpenas; judicial enforcement; contempt proceedings; service of process The Secretary may make such investigations as the Secretary deems necessary for the effec- tive administration of this chapter or to deter- mine whether any person subject to this chapter has engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, the order, or any rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary may admin- ister oaths and affirmations, subpoena wit- nesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States. In case of contumacy by, or refusal to obey a sub- poena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testi- mony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt there- of. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found. (Pub. L. 94–294, § 10, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to investigations, power to subpoena and take oaths and affirmations, and aid of courts, for provisions relating to termination or sus- pension of orders. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title. § 2910. Preemption of other Federal and State programs; applicability of provisions to amendments to orders (a) Nothing in this chapter may be construed to preempt or supersede any other program re- lating to beef promotion organized and operated under the laws of the United States or any State. (b) The provisions of this chapter applicable to the order shall be applicable to amendments to the order. (Pub. L. 94–294, § 11, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting administrative provisions for provisions re- lating to applicability of provisions to amendments to orders. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title. § 2911. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this chapter. Sums appropriated to carry out this chapter shall not be available for payment of the expenses or expenditures of the Board or the Committee in administering any provisions of the order issued under section 2903(b) of this title. Page 1549 TITLE 7—AGRICULTURE § 3004 (Pub. L. 94–294, § 12, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to authorization of appro- priations for provisions relating to refund of assess- ment from Beef Board. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title. §§ 2912 to 2918. Omitted Editorial Notes CODIFICATION Sections 2912 to 2918 of this title were omitted in the general revision of this chapter by Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1597. Section 2912, Pub. L. 94–294, § 13, May 28, 1976, 90 Stat. 535, related to administrative review of orders, petition for such review, a hearing, and judicial review. Section 2913, Pub. L. 94–294, § 14, May 28, 1976, 90 Stat. 536, related to enforcement of orders, referral of civil actions to Attorney General, penalties for willful viola- tions, and availability of additional remedies. See sec- tion 2908 of this title. Section 2914, Pub. L. 94–294, § 15, May 28, 1976, 90 Stat. 536, related to certification of organizations and con- tents of a factual report as criteria. See section 2905 of this title. Section 2915, Pub. L. 94–294, § 16, May 28, 1976, 90 Stat. 537, provided that nothing in this chapter be construed to interfere with workings of any State beef board, council, or other promotion entity. See section 2910(a) of this title. Section 2916, Pub. L. 94–294, § 17, May 28, 1976, 90 Stat. 537, authorized Secretary to promulgate regulations to carry out this chapter. Section 2917, Pub. L. 94–294, § 18, May 28, 1976, 90 Stat. 537, related to investigations by Secretary, oaths and affirmations, subpenas, judicial enforcement, contempt proceedings, and service of process. See section 2909 of this title. Section 2918, Pub. L. 94–294, § 20, May 28, 1976, 90 Stat. 538, authorized appropriations to carry out this chap- ter. See section 2911 of this title. CHAPTER 63—FARMER–TO–CONSUMER DIRECT MARKETING Sec. 3001. Congressional statement of purpose. 3002. Definitions. 3003. Survey. 3004. Direct marketing assistance within the States. 3005, 3006. Repealed. 3007. Seniors farmers’ market nutrition program. § 3001. Congressional statement of purpose It is the purpose of this chapter to promote, through appropriate means and on an economi- cally sustainable basis, the development and ex- pansion of direct marketing of agricultural com- modities from farmers to consumers. To accom- plish this objective, the Secretary of Agri- culture (hereinafter referred to as the ‘‘Sec- retary’’) shall initiate and coordinate a program designed to facilitate direct marketing from farmers to consumers for the mutual benefit of consumers and farmers. (Pub. L. 94–463, § 2, Oct. 8, 1976, 90 Stat. 1982.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 94–463, § 1, Oct. 8, 1976, 90 Stat. 1982, provided: ‘‘That this Act [enacting this chapter and provisions set out as a note under section 5145 of Title 42, The Public Health and Welfare] may be cited as the ‘Farm- er-to-Consumer Direct Marketing Act of 1976’.’’ § 3002. Definitions For purposes of this chapter, the term ‘‘direct marketing from farmers to consumers’’ shall mean the marketing of agricultural commod- ities at any marketplace (including, but not lim- ited to, roadside stands, city markets, and vehi- cles used for house-to-house marketing of agri- cultural commodities) established and main- tained for the purpose of enabling farmers to sell (either individually or through a farmers’ organization directly representing the farmers who produced the commodities being sold) their agricultural commodities directly to individual consumers, or organizations representing con- sumers, in a manner calculated to lower the cost and increase the quality of food to such con- sumers while providing increased financial re- turns to the farmers. (Pub. L. 94–463, § 3, Oct. 8, 1976, 90 Stat. 1982.) § 3003. Survey (a) In general The Secretary shall provide, through the Eco- nomic Research Service of the United States De- partment of Agriculture, or whatever agency or agencies the Secretary considers appropriate, an annual survey of existing methods of direct mar- keting from farmers to consumers in each State. (b) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 94–463, § 4, Oct. 8, 1976, 90 Stat. 1982; Pub. L. 107–171, title X, § 10605(b)(1), May 13, 2002, 116 Stat. 513; Pub. L. 115–334, title X, § 10102(c)(5)(A), Dec. 20, 2018, 132 Stat. 4898.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2002—Pub. L. 107–171 substituted ‘‘an annual survey’’ for ‘‘a continuing survey’’ and struck out at end ‘‘The initial survey, which shall be completed no later than one year following October 8, 1976, shall include the number of types of such marketing methods in exist- ence, the volume of business conducted through each such marketing method, and the impact of such mar- keting methods upon financial returns to farmers (in- cluding their impact upon improving the economic via- bility of small farmers) and food quality and costs to consumers.’’ § 3004. Direct marketing assistance within the States (a) In general In order to promote the establishment and op- eration of direct marketing from farmers to con-