7 U.S.C. § 1622 — Duties of Secretary relating to agricul-

Page 897 TITLE 7—AGRICULTURE § 1622 State funds in support of specialty crops grown in that State, rather than replace State funds. ‘‘(e) PLAN REQUIREMENTS.—The State plan shall iden- tify the lead agency charged with the responsibility of carrying out the plan and indicate how the grant funds will be utilized to enhance the competitiveness of spe- cialty crops. ‘‘(f) REVIEW OF APPLICATION.—In reviewing the appli- cation of a State submitted under subsection (d), the Secretary of Agriculture shall ensure that the State plan would carry out the purpose of grant program, as specified in subsection (a). The Secretary may accept or reject applications for a grant under this section. ‘‘(g) EFFECT OF NONCOMPLIANCE.—If the Secretary of Agriculture, after reasonable notice to a State, finds that there has been a failure by the State to comply substantially with any provision or requirement of the State plan, the Secretary may disqualify, for one or more years, the State from receipt of future grants under this section. ‘‘(h) AUDIT REQUIREMENTS.—For each year that a State receives a grant under this section, the State shall conduct an audit of the expenditures of grant funds by the State. Not later than 30 days after the completion of the audit, the State shall submit a copy of the audit to the Secretary of Agriculture. ‘‘(i) REALLOCATION.— ‘‘(1) IN GENERAL.—The Secretary shall reallocate to other States in accordance with paragraph (2) any amounts made available for a fiscal year under this section that are not obligated or expended by a date during that fiscal year determined by the Secretary. ‘‘(2) PRO RATA ALLOCATION.—The Secretary shall al- locate funds described in paragraph (1) pro rata to the remaining States that applied during the specified grant application period. ‘‘(3) USE OF REALLOCATED FUNDS.—Funds allocated to a State under this subsection shall be used by the State only to carry out projects that were previously approved in the State plan of the State. ‘‘(j) MULTISTATE PROJECTS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the effective date of the Agricultural Act of 2014 [Feb. 7, 2014], the Secretary of Agriculture shall issue guid- ance for the purpose of making grants to multistate projects under this section for projects involving— ‘‘(A) food safety; ‘‘(B) plant pests and disease; ‘‘(C) research; ‘‘(D) crop-specific projects addressing common issues; and ‘‘(E) any other area that furthers the purposes of this section, as determined by the Secretary. ‘‘(2) ADMINISTRATION OF MULTISTATE PROJECTS FROM NONPARTICIPATING STATES.—The Secretary of Agri- culture may directly administer all aspects of multistate projects under this subsection for appli- cants in a nonparticipating State. ‘‘(k) ADMINISTRATION.— ‘‘(1) DEPARTMENT.—The Secretary of Agriculture may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. ‘‘(2) STATES.—A State receiving a grant under this section may not use more than 8 percent of the funds received under the grant for a fiscal year for adminis- trative expenses. ‘‘(3) EVALUATION.— ‘‘(A) PERFORMANCE MEASURES AND REVIEW.— ‘‘(i) DEVELOPMENT.—The Secretary of Agri- culture and the State departments of agriculture, in consultation with specialty crop stakeholders, shall develop performance measures to be used as the sole means of performing any evaluation of the grant program established under this section. ‘‘(ii) REVIEW.—The Secretary of Agriculture, in consultation with the State departments of agri- culture, shall periodically evaluate the perform- ance of the grant program established under this section. ‘‘(B) COOPERATIVE AGREEMENTS.—The Secretary of Agriculture may enter into cooperative agree- ments— ‘‘(i) to develop the performance measures under subparagraph (A)(i); or ‘‘(ii) to evaluate the overall performance of the grant program established under this section. ‘‘(l) FUNDING.— ‘‘(1) IN GENERAL.—Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make grants under this section, using— ‘‘(A) $10,000,000 for fiscal year 2008; ‘‘(B) $49,000,000 for fiscal year 2009; ‘‘(C) $55,000,000 for each of fiscal years 2010 through 2012; ‘‘(D) $72,500,000 for each of fiscal years 2014 through 2017; and ‘‘(E) $85,000,000 for fiscal year 2018 and each fiscal year thereafter. ‘‘(2) MULTISTATE PROJECTS.—Of the funds made available under paragraph (1), the Secretary may use to carry out subsection (j), to remain available until expended— ‘‘(A) $1,000,000 for fiscal year 2014; ‘‘(B) $2,000,000 for fiscal year 2015; ‘‘(C) $3,000,000 for fiscal year 2016; ‘‘(D) $4,000,000 for fiscal year 2017; and ‘‘(E) $5,000,000 for fiscal year 2018 and each fiscal year thereafter.’’ NATIONAL COMMISSION ON FOOD MARKETING Pub. L. 88–354, July 3, 1964, 78 Stat. 269, as amended by Pub. L. 89–20, May 15, 1965, 79 Stat. 111, provided for the establishment of a bipartisan National Commission on Food Marketing composed of fifteen members, five from the Senate, five from the House of Representa- tives and five from outside the Federal Government, to study and appraise the marketing structure of the food industry and to make a final report of its findings and conclusions to the President and to the Congress by July 1, 1966. The Commission ceased to exist ninety days after submission of its final report. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 1622. Duties of Secretary relating to agricul- tural products The Secretary of Agriculture is directed and authorized: (a) Determination of methods of processing, packaging, marketing, etc.; publication of re- sults To conduct, assist, and foster research, inves- tigation, and experimentation to determine the best methods of processing, preparation for mar- ket, packaging, handling, transporting, storing, distributing, and marketing agricultural prod- ucts: Provided, That the results of such research shall be made available to the public for the pur- pose of expanding the use of American agricul- tural products in such manner as the Secretary of Agriculture may determine. (b) Determination of costs To determine costs of marketing agricultural products in their various forms and through the various channels and to foster and assist in the development and establishment of more effi- Page 898 TITLE 7—AGRICULTURE § 1622 cient marketing methods (including analyses of methods and proposed methods), practices, and facilities, for the purpose of bringing about more efficient and orderly marketing, and reducing the price spread between the producer and the consumer. (c) Improvement of standards of quality, condi- tion, etc.; standard of quality for ice cream To develop and improve standards of quality, condition, quantity, grade, and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices. Within thirty days after September 29, 1977, the Secretary shall by regulation adopt a standard of quality for ice cream which shall provide that ice cream shall contain at least 1.6 pounds of total solids to the gallon, weigh not less than 4.5 pounds to the gal- lon and contain not less than 20 percent total milk solids, constituted of not less than 10 per- cent milkfat. In no case shall the content of milk solids not fat be less than 6 percent. Whey shall not, by weight, be more than 25 percent of the milk solids not fat. Only those products which meet the standard issued by the Secretary may bear a symbol thereon indicating that they meet the Department of Agriculture standard for ‘‘ice cream’’. (d) Elimination of artificial barriers to free movement To conduct, assist, foster, and direct studies and informational programs designed to elimi- nate artificial barriers to the free movement of agricultural products. (e) Development of new markets (1) In general To foster and assist in the development of new or expanded markets (domestic and for- eign) and new and expanded uses and in the moving of larger quantities of agricultural products through the private marketing sys- tem to consumers in the United States and abroad. (2) Fees and penalties (A) In general In carrying out paragraph (1), the Sec- retary may assess and collect reasonable fees and late payment penalties to mediate and arbitrate disputes arising between par- ties in connection with transactions involv- ing agricultural products moving in foreign commerce under the jurisdiction of a multi- national entity. (B) Deposit Fees and penalties collected under sub- paragraph (A) shall be deposited into the ac- count that incurred the cost of providing the mediation or arbitration service. (C) Availability Fees and penalties collected under sub- paragraph (A) shall be available to the Sec- retary without further Act of appropriation and shall remain available until expended to pay the expenses of the Secretary for pro- viding mediation and arbitration services under this paragraph. (D) No requirement for use of services No person shall be required by the Sec- retary to use the mediation and arbitration services provided under this paragraph. (f) Increasing consumer education To conduct and cooperate in consumer edu- cation for the more effective utilization and greater consumption of agricultural products: Provided, That no money appropriated under the authority of this Act shall be used to pay for newspaper or periodical advertising space or radio time in carrying out the purposes of this section and subsection (e). (g) Collection and dissemination of marketing in- formation To collect and disseminate marketing infor- mation, including adequate outlook information on a market-area basis, for the purpose of an- ticipating and meeting consumer requirements, aiding in the maintenance of farm income, and bringing about a balance between production and utilization of agricultural products. (h) Inspection and certification of products in interstate commerce; credit and future avail- ability of funds; investment; certificates as evidence; penalties (1) To inspect, certify, and identify the class, quality, quantity, and condition of agricultural products when shipped or received in interstate commerce, under such rules and regulations as the Secretary of Agriculture may prescribe, in- cluding assessment and collection of such fees as will be reasonable and as nearly as may be to cover the cost of the service rendered, to the end that agricultural products may be marketed to the best advantage, that trading may be facili- tated, and that consumers may be able to obtain the quality product which they desire, except that no person shall be required to use the serv- ice authorized by this subsection. (2)(A) Any fees collected under this subsection, late payment penalties, the proceeds from the sales of samples, and interest earned from the investment of such funds shall be credited to the trust fund account that incurs the cost of the services provided under this subsection and shall remain available without fiscal year limitation to pay the expenses of the Secretary incident to providing such services. (B) Such funds may be invested by the Sec- retary in insured or fully collateralized, inter- est-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. (3) Any official certificate issued under the au- thority of this subsection shall be received by all officers and all courts of the United States as prima facie evidence of the truth of the state- ments therein contained. (4) Whoever knowingly shall falsely make, issue, alter, forge, or counterfeit any official certificate, memorandum, mark, or other identi- fication, or device for making such mark or identification, with respect to inspection, class, grade, quality, size, quantity, or condition, issued or authorized under this section or know- ingly cause or procure, or aid, assist in, or be a party to, such false making, issuing, altering, forging, or counterfeiting, or whoever know- Page 899 TITLE 7—AGRICULTURE § 1622 ingly shall possess, without promptly notifying the Secretary of Agriculture or his representa- tive, utter, publish, or use as true, or cause to be uttered, published, or used as true, any such falsely made, altered, forged, or counterfeited official certificate, memorandum, mark, identi- fication, or device, or whoever knowingly rep- resents that an agricultural product has been of- ficially inspected or graded (by an authorized in- spector or grader) under the authority of this section when such commodity has in fact not been so graded or inspected shall be fined not more than $1,000 or imprisoned not more than one year, or both. (5) Shell eggs packed under the voluntary grading program of the Department of Agri- culture shall not have been shipped for sale pre- vious to being packed under the program, as de- termined under a regulation promulgated by the Secretary. (6) IDENTIFICATION OF HONEY.— (A) IN GENERAL.—The use of a label or adver- tising material on, or in conjunction with, packaged honey that bears any official certifi- cate of quality, grade mark or statement, con- tinuous inspection mark or statement, sam- pling mark or statement, or any combination of the certificates, marks, or statements of the Department of Agriculture is hereby pro- hibited under this Act unless there appears legibly and permanently in close proximity (such as on the same side(s) or surface(s)) to the certificate, mark, or statement, and in at least a comparable size, the 1 or more names of the 1 or more countries of origin of the lot or container of honey, preceded by the words ‘‘Product of’’ or other words of similar mean- ing. (B) VIOLATION.—A violation of the require- ments of subparagraph (A) may be deemed by the Secretary to be sufficient cause for debar- ment from the benefits of this Act only with respect to honey. (i) Development of facilities for assembling, proc- essing, transporting, etc. To determine the needs and develop or assist in the development of plans for efficient facili- ties and methods of operating such facilities for the proper assembly, processing, transportation, storage, distribution, and handling of agricul- tural products. (j) Improvement of transportation facilities and rates To assist in improving transportation services and facilities and in obtaining equitable and rea- sonable transportation rates and services and adequate transportation facilities for agricul- tural products and farm supplies by making complaint or petition to the Surface Transpor- tation Board, the Federal Maritime Commis- sion, or other Federal or State transportation regulatory body, or the Secretary of Transpor- tation, with respect to rates, charges, tariffs, practices, and services, or by working directly with individual carriers or groups of carriers. (k) Collection and dissemination of marketing statistics To collect, tabulate, and disseminate statis- tics on marketing agricultural products, includ- ing, but not restricted to statistics on market supplies, storage stocks, quantity, quality, and condition of such products in various positions in the marketing channel, utilization of such products, and shipments and unloads thereof. (l) Development of procurement standards and specifications To develop and promulgate, for the use and at the request of any Federal agency or State, pro- curement standards and specifications for agri- cultural products, and submit such standards and specifications to such agency or State for use or adoption for procurement purposes. (m) Promotion of research for handling, storing, preserving, etc. To conduct, assist, encourage, and promote re- search, investigation, and experimentation to determine the most efficient and practical means, methods, and processes for the handling, storing, preserving, protecting, processing, and distributing of agricultural commodities to the end that such commodities may be marketed in an orderly manner and to the best interest of the producers thereof. (n) Grading program To establish within the Department of Agri- culture a voluntary fee based grading program for— (1) all fish of the order Siluriformes; and (2) any additional species of farm-raised fish or farm-raised shellfish— (A) for which the Secretary receives a peti- tion requesting such voluntary fee based grading; and (B) that the Secretary considers appro- priate. (o) General research, services, and activities To conduct such other research and services and to perform such other activities as will fa- cilitate the marketing, distribution, processing, and utilization of agricultural products through commercial channels. (Aug. 14, 1946, ch. 966, title II, § 203, 60 Stat. 1087; Aug. 9, 1955, ch. 632, § 1, 69 Stat. 553; Pub. L. 95–113, title II, § 206, Sept. 29, 1977, 91 Stat. 920; Pub. L. 97–31, § 12(2), Aug. 6, 1981, 95 Stat. 153; Pub. L. 98–403, § 2, Aug. 28, 1984, 98 Stat. 1480; Pub. L. 98–443, § 9(j), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 105–277, div. A, § 101(a) [title VII, § 755(a)], Oct. 21, 1998, 112 Stat. 2681, 2681–34; Pub. L. 106–472, title III, § 303, Nov. 9, 2000, 114 Stat. 2069; Pub. L. 110–234, title X, § 10402(a), title XI, § 11016(a), May 22, 2008, 122 Stat. 1349, 1368; Pub. L. 110–246, § 4(a), title X, § 10402(a), title XI, § 11016(a), June 18, 2008, 122 Stat. 1664, 2110, 2130; Pub. L. 113–79, title VI, § 6202, title XII, § 12106(a)(4), Feb. 7, 2014, 128 Stat. 856, 981.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (f) and (h)(6), is act Aug. 14, 1946, ch. 966, 60 Stat. 1082, which enacted this chapter and sections 427h, 427j, and 3105 of this title and amended section 3104 of this title. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. Page 900 TITLE 7—AGRICULTURE § 1622 L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2014—Subsec. (j). Pub. L. 113–79, § 6202, substituted ‘‘the Surface Transportation Board, the Federal Mari- time Commission,’’ for ‘‘the Interstate Commerce Com- mission, the Maritime Commission,,’’. Subsec. (n)(1). Pub. L. 113–79, § 12106(a)(4), added par. (1) and struck out former par. (1) which read as follows: ‘‘catfish (as defined by the Secretary under paragraph (2) of section 601(w) of title 21); and’’. 2008—Subsec. (h). Pub. L. 110–246, § 10402(a), designated the first to sixth sentences of existing provisions as pars. (1), (2)(A), (2)(B), and (3) to (5), respectively, and added par. (6). Subsecs. (n), (o). Pub. L. 110–246, § 11016(a), added sub- sec. (n) and redesignated former subsec. (n) as (o). 2000—Subsec. (e). Pub. L. 106–472 inserted subsec. heading, designated existing provisions as par. (1), in- serted par. heading, and added par. (2). 1998—Subsec. (h). Pub. L. 105–277 inserted at end ‘‘Shell eggs packed under the voluntary grading pro- gram of the Department of Agriculture shall not have been shipped for sale previous to being packed under the program, as determined under a regulation promul- gated by the Secretary.’’ 1984—Subsec. (h). Pub. L. 98–403 inserted provisions relating to the credit of certain funds to the trust fund account which incurs the cost of services provided under this subsection, the future availability of those funds, and investment thereof by the Secretary of Agri- culture or the Secretary of the Treasury. Subsec. (j). Pub. L. 98–443 struck out ‘‘the Civil Aero- nautics Board’’ after ‘‘the Maritime Commission,’’. 1981—Subsec. (j). Pub. L. 97–31 inserted reference to Secretary of Transportation. 1977—Subsec. (c). Pub. L. 95–113 inserted provisions relating to the setting of a standard of quality for ice cream. 1955—Subsec. (h). Act Aug. 9, 1955, inserted sentence to provide penalties for forgery or alteration of inspec- tion certificates, unauthorized use of official grade marks or designations, and false or deceptive reference to United States grade standards or services. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by section 12106(a)(4) of Pub. L. 113–79 ef- fective as if enacted as part of section 11016(b) of Pub. L. 110–246, see section 12106(c) of Pub. L. 113–79, set out as a note under section 601 of Title 21, Food and Drugs. EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Pub. L. 110–234, title X, § 10402(b), May 22, 2008, 122 Stat. 1349, and Pub. L. 110–246, § 4(a), title X, § 10402(b), June 18, 2008, 122 Stat. 1664, 2111, provided that: ‘‘The amendments made by subsection (a) [amending this section] take effect on the date that is 1 year after the date of enactment of this Act [June 18, 2008].’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. REGIONAL CATTLE AND CARCASS GRADING CORRELATION AND TRAINING CENTERS Pub. L. 115–334, title XII, § 12108, Dec. 20, 2018, 132 Stat. 4943, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Agriculture] shall establish not more than 3 regional centers, to be known as Cattle and Carcass Grading Correlation and Training Centers (referred to in this section as the ‘Centers’), to provide education and training for cattle and carcass beef graders of the Agricultural Marketing Service, cattle producers, and other professionals in- volved in the reporting, delivery, and grading of feeder cattle, live cattle, and carcasses— ‘‘(1) to limit the subjectivity in the application of beef grading standards; ‘‘(2) to provide producers with greater confidence in the price of the producers’ cattle; and ‘‘(3) to provide investors with both long and short positions more assurance in the cattle delivery sys- tem. ‘‘(b) LOCATION.—The Centers shall be located near cattle feeding and slaughter populations and areas shall be strategically identified in order to capture re- gional variances in cattle production. ‘‘(c) ADMINISTRATION.—Each Center shall be organized and administered by offices of the Department of Agri- culture in operation on the date on which the respec- tive Center is established, or in coordination with other appropriate Federal agencies or academic institutions. ‘‘(d) TRAINING PROGRAM.—The Centers shall offer in- tensive instructional programs involving classroom and field training work for individuals described in sub- section (a). ‘‘(e) COORDINATION OF RESOURCES.—Each Center, in carrying out the functions of the Center, shall make use of information generated by the Department of Ag- riculture, the State agricultural extension and research stations, relevant designated contract markets, and the practical experience of area cattle producers, especially cattle producers cooperating in on-farm demonstra- tions, correlations, and research projects. ‘‘(f) PROHIBITION ON CONSTRUCTION.—Funds made available to carry out this section shall not be used for the construction of a new building or facility or the ac- quisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement, and architect fees). Notwithstanding the preceding sentence, the Secretary may use funds made available to carry out this section to provide a Center with payment for the cost of the rental of a space de- termined to be necessary by the Center for conducting training under this section and may accept donations (including in-kind contributions) to cover such cost.’’ AGRICULTURAL PROCESSING EQUIPMENT; INSPECTION AND CERTIFICATION; FEE Pub. L. 106–387, § 1(a) [title VII, § 729], Oct. 28, 2000, 114 Stat. 1549, 1549A–33, provided that: ‘‘Hereafter, none of the funds appropriated by this Act or any other Act may be used to: ‘‘(1) carry out the proviso under 7 U.S.C. 1622(f); or ‘‘(2) carry out 7 U.S.C. 1622(h) unless the Secretary of Agriculture inspects and certifies agricultural processing equipment, and imposes a fee for the in- spection and certification, in a manner that is simi- lar to the inspection and certification of agricultural Page 901 TITLE 7—AGRICULTURE § 1622 products under that section, as determined by the Secretary: Provided, That this provision shall not af- fect the authority of the Secretary to carry out the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 106–78, title VII, § 734, Oct. 22, 1999, 113 Stat. 1165. Pub. L. 105–277, div. A, § 101(a) [title VII, § 747], Oct. 21, 1998, 112 Stat. 2681, 2681–32, as amended by Pub. L. 106–31, title V, § 5001(c), May 21, 1999, 113 Stat. 109. COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES RECEIVED FOR BULK CHEESE Pub. L. 105–18, title II, § 1001, June 12, 1997, 111 Stat. 172, provided that not later than 30 days after June 12, 1997, Secretary of Agriculture was to collect and dis- seminate, on weekly basis, statistically reliable infor- mation, obtained from cheese manufacturing areas in United States, on prices received and terms of trade in- volving bulk cheese, including information on national average price for bulk cheese sold through spot and for- ward contract transactions, and further provided for confidentiality of information provided to, or acquired by, Secretary, report to Congress not later than 150 days after June 12, 1997, on rate of reporting compli- ance by cheese manufacturers with respect to informa- tion collected, and for termination of authority to col- lect information on Apr. 5, 1999. LAMB PRICE AND SUPPLY REPORTING SERVICES REPORT AND SYSTEM Pub. L. 102–237, title I, § 124, Dec. 13, 1991, 105 Stat. 1844, provided that: ‘‘(a) REPORT.—Not later than 90 days after the date of enactment of this Act [Dec. 13, 1991], the Secretary of Agriculture shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on measures that are necessary to improve the lamb price and supply reporting services of the De- partment of Agriculture, including recommendations to establish a complete information gathering system that reflects the market structure of the national lamb industry. In preparing the report, the Secretary shall examine measures to improve information on— ‘‘(1) price reporting series of wholesale, retail, box, carcass, pelt, offal, and live lamb sales in the United States, including markets in— ‘‘(A) California (including San Francisco); ‘‘(B) the East Coast region (including Wash- ington, D.C.); ‘‘(C) the Midwest region (including Chicago, Illi- nois); ‘‘(D) Texas; ‘‘(E) the Rocky Mountain region; and ‘‘(F) Florida; ‘‘(2) sheep and lamb inventories, including on-feed reports; ‘‘(3) the price and supply relationships between re- tailers and breakers; ‘‘(4) the viability of voluntary or mandatory report- ing for sheep prices; and ‘‘(5) information on the import and export of sheep, analyzed by cut, carcass, box, breeder stock, and sex. ‘‘(b) PRICE DISCOVERY AND REPORTING SYSTEM.— ‘‘(1) SYSTEM REQUIRED.—Based on the report re- quired under subsection (a), the Secretary shall— ‘‘(A) develop a price discovery system formula for the lamb market, such as carcass equivalent pric- ing; and ‘‘(B) establish a price discovery and reporting sys- tem for the lamb market to assist lamb producers to better allocate their resources and make in- formed production and marketing decisions. ‘‘(2) IMPLEMENTATION.—The price discovery and re- porting system for the lamb market shall be imple- mented by the Secretary not later than 180 days after the date of the submission of the report. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to develop and establish the system re- quired under this subsection. ‘‘(c) CONSULTATION.—In preparing the report required under subsection (a) and establishing the price dis- covery and reporting system required under subsection (b), the Secretary shall consult with lamb producers and other persons in the national lamb industry.’’ RESEARCH TO INVESTIGATE EXTENT TO WHICH GRADE STANDARDS GOVERNING COSMETIC APPEARANCE AF- FECT PESTICIDE USE IN PRODUCTION OF PERISHABLE COMMODITIES; ADVISORY COMMITTEE; REPORT Pub. L. 101–624, title XIII, subtitle C, Nov. 28, 1990, 104 Stat. 3566, as amended by Pub. L. 102–237, title I, § 114(a)(3), Dec. 13, 1991, 105 Stat. 1838, provided that: ‘‘SEC. 1351. DEFINITION. ‘‘As used in this subtitle, the term ‘cosmetic appear- ance’ means the exterior appearance of an agricultural commodity, including changes to that appearance re- sulting from superficial damage or other alteration that do not significantly affect yield, taste, or nutri- tional value. ‘‘SEC. 1352. RESEARCH. ‘‘(a) REQUIREMENT.—The Secretary of Agriculture shall conduct research to examine the effects, to the extent listed in subsection (b), of grade standards and other regulations, as developed and promulgated pursu- ant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.), and other statutes governing cosmetic ap- pearance. ‘‘(b) SCOPE OF RESEARCH.—The primary goal of this research is to investigate the extent to which grade standards and other regulations governing cosmetic ap- pearance affect pesticide use in the production of per- ishable commodities. The research shall also— ‘‘(1) determine pesticide application levels for United States perishable commodity production and assess trends, and factors influencing those trends, of pesticide application levels since 1975; ‘‘(2) determine the extent to which Federal grade standards and other regulations affect pesticide use in agriculture for cosmetic appearance; ‘‘(3) determine the effect of reducing emphasis on cosmetic appearance in grade standards and other regulations on— ‘‘(A) the application and availability of pesticides in agriculture; ‘‘(B) the adoption of agricultural practices that result in reduced pesticide use; ‘‘(C) production and marketing costs; ‘‘(D) domestic and international markets and trade for perishable commodities; ‘‘(4) determine the extent to which grade standards and other regulations reflect consumer preferences; ‘‘(5) develop options for implementation of food marketing policies and practices that will remove ob- stacles that may exist to pesticide use reduction, based on the findings of research conducted under this section. ‘‘(c) FIELD RESEARCH.— ‘‘(1) LENGTH OF PROJECTS.—The Secretary of Agri- culture shall implement, not later than 12 months after the date of enactment of this Act [Nov. 28, 1990], a minimum of three, 2-year market research projects, in at least three States, to demonstrate and evaluate the feasibility of consumer education and informa- tion programs. ‘‘(2) SCOPE OF FIELD RESEARCH.—Research under paragraph (1) shall be conducted to evaluate pro- grams designed to— ‘‘(A) offer consumers choices among perishable commodities produced with different production practices; ‘‘(B) provide consumers with information about agricultural practices used in the production of per- ishable commodities; or Page 902 TITLE 7—AGRICULTURE § 1622a ‘‘(C) educate the public about the relationship, as determined in the research conducted under this subtitle, between the cosmetic appearance of per- ishable commodities and pesticide use. ‘‘(d) DISSEMINATION OF RESULTS.—The Secretary of Agriculture shall disseminate to concerned parties the results obtained from prior scientifically valid research concerning Federal marketing policies and practices described in this section to avoid any duplication of ef- fort and to ensure that current knowledge concerning such policies and practices is enhanced. ‘‘(e) ADVISORY COMMITTEE.— ‘‘(1) ESTABLISHMENT.—The Secretary of Agriculture shall establish an advisory committee for the purpose of providing ongoing review of the implementation of the requirements in this section and providing the Secretary of Agriculture with recommendations re- garding the implementation of those requirements. ‘‘(2) MEMBERSHIP.—The Advisory Committee shall consist of 12 members comprised of three representa- tives from not-for-profit consumer organizations, three representatives from not-for-profit environ- mental organizations, three representatives from pro- duction agriculture and the perishable commodity grower and shipper community, and three representa- tives from the food retailing sector, each with experi- ence in the policy issues discussed in this section. ‘‘(f) REPORT.—The Secretary of Agriculture shall re- port to Congress on the research conducted under this section no later than September 30, 1992. The Secretary shall report on the research conducted under sub- section (c) no later than September 30, 1993. ‘‘SEC. 1353. CHANGES IN PROCEDURAL REGULA- TIONS. ‘‘With regard to Federal grade standards developed and promulgated pursuant to the Agricultural Mar- keting Act of 1946 (7 U.S.C. 1621 et seq.), the Secretary of Agriculture shall: ‘‘(1) Take into account the impact of those stand- ards on the ability of perishable commodity growers to reduce the use of pesticides. ‘‘(2) Provide for citizens outside of the perishable commodity industry fair and reasonable opportunity to formally petition a change in grade standards. ‘‘(3) Provide for a comment period after a formal petition to change grade standards has been made to enable all interested parties to submit information. The Secretary of Agriculture shall evaluate the infor- mation and consider it in the revision process. ‘‘(4) Provide interested parties with annual status reports during the period 1992 through 1994, updated upon request, on all pending grade standard changes the Department of Agriculture is considering. ‘‘SEC. 1354. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out the activities required under this subtitle, $4,000,000 for each fiscal year.’’ Executive Documents TRANSFER OF FUNCTIONS Section 304 of 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5, Government Organization and Employees, abol- ished Federal Maritime Board, including offices of members of Board. Functions of Board transferred ei- ther to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of 1961 Reorg. Plan No. 7. United States Maritime Commission abolished by 1950 Reorg. Plan No. 21, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix of Title 5, Govern- ment Organization and Employees, which transferred part of its functions and part of functions of its Chair- man to Federal Maritime Board and Chairman thereof, such Board having created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of such Commission’s functions and functions of its Chair- man to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator, head of Maritime Administration, which likewise was established by Plan in Department of Commerce with provision that chairman of said Fed- eral Maritime Board should, ex officio, be such Admin- istrator. Executive and administrative functions of Maritime Commission transferred to Chairman of Maritime Com- mission by 1949 Reorg. Plan No. 6, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1069, set out in the Appendix to Title 5. § 1622a. Authority to assist farmers and elevator operators The Secretary may provide technical assist- ance (including information on such financial assistance as may be available) to grain pro- ducers and elevator operators to assist such pro- ducers and operators in installing or improving grain cleaning, drying or storage equipment. (Pub. L. 101–624, title XX, § 2014, Nov. 28, 1990, 104 Stat. 3933.) Editorial Notes CODIFICATION Section was enacted as part of the Grain Quality In- centives Act of 1990, and also as part of the Food, Agri- culture, Conservation, and Trade Act of 1990, and not as part of the Agricultural Marketing Act of 1946 which comprises this chapter. § 1622b. Specialty crops market news allocation (a) In general The Secretary shall— (1) carry out market news activities to pro- vide timely price and shipment information of specialty crops in the United States; and (2) use funds made available under sub- section (b) to increase the reporting levels for specialty crops in effect on the date of enact- ment of this Act. (b) Authorization of appropriations In addition to any other funds made available through annual appropriations for market news services, there is authorized to be appropriated to carry out this section $9,000,000 for each of fis- cal years 2008 through 2023, to remain available until expended. (Pub. L. 110–234, title X, § 10107, May 22, 2008, 122 Stat. 1337; Pub. L. 110–246, § 4(a), title X, § 10107, June 18, 2008, 122 Stat. 1664, 2099; Pub. L. 113–79, title X, § 10001, Feb. 7, 2014, 128 Stat. 939; Pub. L. 115–334, title X, § 10101, Dec. 20, 2018, 132 Stat. 4888.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (a)(2), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. 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-