What US Agricultural Marketing Agreement Act / Marketing Orders (7 USC 608c): Handler Regulation and Milk Orders requires
The Agricultural Marketing Agreement Act of 1937, building on the marketing-order provisions of the Agricultural Adjustment Act codified in 7 U.S.C. Chapter 26 (with section 674 supplying the 1937 Act's short title), authorizes the Secretary of Agriculture to issue federal marketing orders and agreements regulating the handling of certain agricultural commodities, administered by the USDA Agricultural Marketing Service. Section 601 declares the conditions and section 602 the policy of the Act. Section 608c is the core provision: the Secretary is authorized to issue, and from time to time amend, orders applicable to processors, associations of producers, and others engaged in the handling of a covered agricultural commodity in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects such commerce. Section 608c(2) lists the commodities to which orders may apply, including milk, fruits, vegetables, hops, honeybees and naval stores, with specified carve-outs. Section 608c(5) sets out the detailed terms applicable to milk and its products, including the classification of milk by use and the establishment of minimum prices by class, the uniform payment to producers (pooling), and adjustments for quality, location and components. Marketing orders are funded through assessments on handlers, and handlers within the production or marketing area are bound by the order whether or not they signed a marketing agreement. Section 608c(14) sets the penalties for handler violations of an order: any handler who violates an order shall, on conviction, be fined not less than $50 or more than $5,000 for each such violation, and the Secretary may, in addition, assess a civil penalty of not more than $1,000 for each such violation. Section 608a provides for enforcement of the chapter. Penalty figures are subject to inflation adjustment by regulation.
Pillar: Agriculture & Agritech · Authority: US Congress / USDA Agricultural Marketing Service · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title7/html/USCODE-2022-title7-chap26.htm
SHA-256 integrity: da2d705cff80d9c202932fe136f3bb66e827dfefba20617ca57bac4f89ec8ea4
Primary Citations — 8 traced to source
- Agricultural Adjustment Act / Agricultural Marketing Agreement Act, 7 U.S.C. 601 - declaration of conditions.
- Agricultural Adjustment Act / Agricultural Marketing Agreement Act, 7 U.S.C. 602 - declaration of policy.
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