7 U.S.C. § 614 — Separability

Page 500 TITLE 7—AGRICULTURE § 613 2 See References in Text note below. on the preceding November 30 in the Con- sumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; and (B) any transfers for the fiscal year from section 32 to the Department of Commerce under the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.). (c) Fresh fruit and vegetable program Of amounts made available to carry out sec- tion 32 under subsection (b)(2)(A), the Secretary shall transfer for use to carry out the fresh fruit and vegetable program under section 19 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1769a] the amounts specified in sub- section (i) of that section. (d) Whole grain products Of amounts made available to carry out sec- tion 32 under subsection (b)(2)(A), the Secretary shall use to carry out section 1755a of title 42 $4,000,000 for fiscal year 2009. (e) Maintenance of funding The funding provided under subsections (c) and (d) shall supplement (and not supplant) other Federal funding (including section 32 fund- ing) for programs carried out under— (1) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except for section 19 of that Act [42 U.S.C. 1769a]; (2) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.); and (3) section 2036 2 of this title. (Pub. L. 110–234, title XIV, § 14222, May 22, 2008, 122 Stat. 1483; Pub. L. 110–246, § 4(a), title XIV, § 14222, June 18, 2008, 122 Stat. 1664, 2245; Pub. L. 112–55, div. A, title IV, Nov. 18, 2011, 125 Stat. 574.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsecs. (b)(1) and (e)(1), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1751 of Title 42 and Tables. The Child Nutrition Act of 1966, referred to in subsec. (b)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables. The Fish and Wildlife Act of 1956, referred to in sub- sec. (b)(2)(B), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119, which is classified generally to sections 742a to 742d and 742e to 742j–2 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 742a of Title 16 and Tables. The Emergency Food Assistance Act of 1983, referred to in subsec. (e)(2), is Pub. L. 98–8, title II, Mar. 24, 1983, 97 Stat. 35, which is classified principally to chapter 102 (§ 7501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7501 of this title and Tables. Section 2036 of this title, referred to in subsec. (e)(3), was in the original ‘‘section 27 of the Food Stamp Act of 1977’’, and was translated as meaning section 27 of Pub. L. 88–525, the Food and Nutrition Act of 2008, to reflect the probable intent of Congress and the renam- ing of the Act by Pub. L. 110–246, title IV, § 4001(a), June 18, 2008, 122 Stat. 1853. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of the Ag- ricultural Adjustment Act which comprises this chap- ter. AMENDMENTS 2011—Subsec. (b)(1). Pub. L. 112–55 inserted ‘‘except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 8701 of this title. § 613. Termination date; investigations and re- ports This chapter shall cease to be in effect when- ever the President finds and proclaims that the national economic emergency in relation to ag- riculture has been ended; and pending such time the President shall by proclamation terminate with respect to any basic agricultural com- modity such provisions of this chapter as he finds are not requisite to carrying out the de- clared policy with respect to such commodity. In the case of sugar beets and sugarcane, the taxes provided by this chapter shall cease to be in effect, and the powers vested in the President or in the Secretary of Agriculture shall termi- nate on December 31, 1937 unless this chapter ceases to be in effect at an earlier date, as here- inabove provided. The Secretary of Agriculture shall make such investigations and reports thereon to the President as may be necessary to aid him in executing this section. (May 12, 1933, ch. 25, title I, § 13, 48 Stat. 39; May 9, 1934, ch. 263, § 15, 48 Stat. 677; Aug. 24, 1935, ch. 641, § 20(a), 49 Stat. 768.) Editorial Notes AMENDMENTS 1935—Act Aug. 24, 1935, substituted ‘‘on December 31, 1937’’ for ‘‘at the end of three years after the adoption of this amendment’’. 1934—Act May 9, 1934, inserted second sentence relat- ing to taxes on sugar beets and sugarcane. § 613a. Repealed. Sept. 1, 1937, ch. 898, title V, § 510, 50 Stat. 916 Section, act June 19, 1936, ch. 612, § 1, 49 Stat. 1539, re- lated to termination of taxes on sugar beets and sugar- cane. § 614. Separability If any provision of this chapter is declared un- constitutional, or the applicability thereof to Page 501 TITLE 7—AGRICULTURE § 615 any person, circumstance, or commodity is held invalid the validity of the remainder of this chapter and the applicability thereof to other persons, circumstances, or commodities shall not be affected thereby. (May 12, 1933, ch. 25, title I, § 14, 48 Stat. 39; June 3, 1937, ch. 296, § 1, 50 Stat. 246.) Statutory Notes and Related Subsidiaries VALIDITY OF SECTION AFFIRMED Act June 3, 1937, § 1, affirmed and validated, and reen- acted without change the provisions of this section. See note set out under section 601 of this title. § 615. Refunds of tax; exemptions from tax; com- pensating tax; compensating tax on foreign goods; covering into Treasury (a) If at any time the Secretary of Agriculture finds, upon investigation and after due notice and opportunity for hearing to interested par- ties, that any class of products of any com- modity is of such low value, considering the quantity of the commodity used for their manu- facture, that the imposition of the processing tax would prevent in whole or in large part the use of the commodity in the manufacture of such products and thereby substantially reduce consumption and increase the surplus of the commodity, then the Secretary of Agriculture shall so certify to the Secretary of the Treasury, specifying whether such results will in his judg- ment most effectively be prevented by a suspen- sion of the imposition of the processing tax or a refund of the tax paid, with respect to such amount of the commodity or any product there- of as is used in the manufacture of such prod- ucts, and thereafter, as shall be specified in such certification, (1) the imposition of the proc- essing tax shall be suspended with respect to such amount of the commodity as is used in the manufacture of such products, and thereafter, as shall be specified in such certification, (2) the imposition of the processing tax shall be sus- pended with respect to such amount of the com- modity as is used in the manufacture of such products until such time as the Secretary of Ag- riculture, after further investigation and due notice and opportunity for hearing to interested parties, revokes his certification to the Sec- retary of the Treasury, or (3) the Secretary of the Treasury shall refund (in accordance with the provisions of, to such persons and in such manner as shall be specified in, such certifi- cation) the amount of any tax paid (prior to the date of any revocation by the Secretary of Agri- culture of his certification to the Secretary of the Treasury, upon further investigation and after due notice and opportunity for hearing to interested parties) under this chapter with re- spect to such amount of the commodity or any product thereof as is used after the date of such certification in the manufacture of such prod- ucts, or shall credit against any tax due and payable under this chapter the amount of tax which would be refundable. During the period in which any certificate under this section is effec- tive, the provisions of subsection (e) of this sec- tion shall be suspended with respect to all im- ported articles of the kind described in such cer- tificate; and notwithstanding the provisions of section 623 of this title, any compensating taxes, which have heretofore, during the period in which any certificate under this section has been effective, become due and payable upon im- ported articles of the kind described in such cer- tificate, shall be refunded by the Secretary of the Treasury if the same have been paid, or, if the same have not been paid the amount thereof shall be abated. Notwithstanding the provisions of section 623 of this title, the Secretary of the Treasury shall refund or credit any processing tax paid on or before June 12, 1934, with respect to such amount of cotton as was used in the manufacture of large cotton bags (as defined in the Certificate of the Secretary of Agriculture, dated June 12, 1934) between June 13, and July 7, 1934, both inclusive. (b) No tax shall be required to be paid on the processing of any commodity by or for the pro- ducer thereof for consumption by his own fam- ily, employees, or household; and the Secretary of Agriculture is authorized, by regulations, to exempt from the payment of the processing tax the processing of commodities by or for the pro- ducer thereof for sale by him where, in the judg- ment of the Secretary, the imposition of a proc- essing tax with respect thereto is unnecessary to effectuate the declared policy. (b–1) The Secretary of Agriculture is author- ized and directed to issue tax-payment warrants, with respect to rough rice produced in 1933 and 1934 (provided the processing of such rice is not exempt from the tax, and provided no tax pay- ment warrant has been previously issued with respect thereto or previously applied for by ap- plication then pending, sufficient to cover the tax with respect to the processing thereof at the rate in effect at the time of such issuance, to any processor with respect to any such rice which he had in his possession on March 31, 1935, and to, or at the direction of any other person with respect to any such rice which, on or after April 1, 1935, he delivers for processing or sells to a processor: Provided, That in case any such processor or other person is the producer of such rice (or has received such rice by gift, bequest, or descent from the producer thereof) that such processor or other person is, if eligible, a cooper- ating producer: And provided further, That in case such processor or other person is not the producer thereof (nor a person who has received such rice by gift, bequest, or descent from the producer thereof), (a) that, if the title to such rice was transferred from the producer thereof, whether by operation of law or otherwise, prior to April 1, 1935, such producer received the price prescribed in any marketing agreement, license, regulation, or administrative ruling, pursuant to this chapter, applicable to the sale of such rice by the producer, and (b) that, if the title to such rice was transferred from the producer thereof, whether by operation of law or other- wise, on or after April 1, 1935, such producer re- ceived at least the full market price therefor plus an amount equal to 99 per centum of the face value of tax-payment warrants sufficient to cover the tax on the processing of such rice at rate in effect at the time title was so trans- ferred, and was, if eligible, a cooperating pro- ducer. (b–2) The warrants authorized and directed to be issued by subsection (b–1) of this section—