Notes on 7 U.S.C. § 608c : US Code - Notes

Search Notes on 7 U.S.C. § 608c : US Code - Notes

    (May 12, 1933, ch. 25, title I, Sec. 8c, as added Aug. 24, 1935,
    ch. 641, Sec. 5, 49 Stat. 753; amended June 25, 1936, ch. 804, 49
    Stat. 1921; June 3, 1937, ch. 296, Secs. 1, 2(d)-(f), 50 Stat. 246,
    247; June 3, 1937, ch. 296, Sec. 2(k), (l), as added Aug. 5, 1937,
    ch. 567, 50 Stat. 563; Apr. 13, 1938, ch. 143, Secs. 1, 2, 52 Stat.
    215; May 31, 1939, ch. 157, 53 Stat. 793; Feb. 10, 1942, ch. 52,
    Secs. 2, 3, 56 Stat. 85; 1947 Reorg. Plan No. 1, Sec. 102, eff.
    July 1, 1947, 12 F.R. 4534, 61 Stat. 951; Aug. 1, 1947, ch. 425,
    Secs. 2, 4, 61 Stat. 707, 710; July 3, 1948, ch. 827, title III,
    Sec. 302(b), (c), 62 Stat. 1258; June 29, 1949, ch. 273, 63 Stat.
    282; Aug. 28, 1954, ch. 1041, title IV, Sec. 401(b)-(d), 68 Stat.
    906, 907; Pub. L. 87-128, title I, Sec. 141(3), (4), Aug. 8, 1961,
    75 Stat. 304, 305; Pub. L. 87-703, title IV, Sec. 403, Sept. 27,
    1962, 76 Stat. 632; Pub. L. 89-321, title I, Secs. 101, 102, Nov.
    3, 1965, 79 Stat. 1187; Pub. L. 89-330, Sec. 1(b), Nov. 8, 1965, 79
    Stat. 1270; Pub. L. 91-196, Sec. 1, Feb. 20, 1970, 84 Stat. 14;
    Pub. L. 91-292, Sec. 1(2), June 25, 1970, 84 Stat. 333; Pub. L. 91-
    341, July 18, 1970, 84 Stat. 438; Pub. L. 91-363, July 31, 1970,
    84 Stat. 687; Pub. L. 91-384, Aug. 18, 1970, 84 Stat. 827; Pub. L.
    91-522, Nov. 25, 1970, 84 Stat. 1357; Pub. L. 91-524, title II,
    Sec. 201(a), Nov. 30, 1970, 84 Stat. 1359; Pub. L. 91-670, title I,
    Sec. 101, title II, Sec. 201, Jan. 11, 1971, 84 Stat. 2040, 2041;
    Pub. L. 92-120, Aug. 13, 1971, 85 Stat. 340; Pub. L. 92-233, Feb.
    15, 1972, 86 Stat. 39; Pub. L. 92-466, Oct. 6, 1972, 86 Stat. 780;
    Pub. L. 91-524, title II, Sec. 201(f), Nov. 30, 1970, as added Pub.
    L. 93-86, Sec. 1(2)(B), Aug. 10, 1973, 87 Stat. 222; Pub. L. 93-
    230, Dec. 29, 1973, 87 Stat. 945; Pub. L. 95-279, title IV, Sec.
    401(a), May 15, 1978, 92 Stat. 242; Pub. L. 96-494, title I, Sec.
    101, Dec. 3, 1980, 94 Stat. 2570; Pub. L. 97-98, title I, Sec.
    101(a), Dec. 22, 1981, 95 Stat. 1218; Pub. L. 98-171, Sec. 1, Nov.
    29, 1983, 97 Stat. 1117; Pub. L. 98-180, title III, Sec. 304, Nov.
    29, 1983, 97 Stat. 1151; Pub. L. 99-198, title I, Secs. 131(a),
    133, title XVI, Secs. 1661(a), 1662(a), Dec. 23, 1985, 99 Stat.
    1372, 1373, 1630, 1631; Pub. L. 100-203, title I, Sec. 1501, Dec.
    22, 1987, 101 Stat. 1330-27; Pub. L. 100-418, title IV, Secs. 4601,
    4602, Aug. 23, 1988, 102 Stat. 1407; Pub. L. 101-624, title I,
    Secs. 112, 113, title XIII, Sec. 1306, Nov. 28, 1990, 104 Stat.
    3380, 3561; Pub. L. 102-237, title I, Sec. 115(2), Dec. 13, 1991,
    105 Stat. 1840; Pub. L. 102-553, Sec. 2, Oct. 28, 1992, 106 Stat.
    4141; Pub. L. 106-78, title VII, Secs. 757(a), 760, Oct. 22, 1999,
    113 Stat. 1171, 1173; Pub. L. 107-76, title VII, Sec. 765, Nov. 28,
    2001, 115 Stat. 743; Pub. L. 107-171, title X, Sec. 10601(a), May
    13, 2002, 116 Stat. 511; Pub. L. 108-379, Sec. 1, Oct. 30, 2004,
    118 Stat. 2209; Pub. L. 109-215, Sec. 2(a), (b), Apr. 11, 2006, 120
    Stat. 328, 329; Pub. L. 110-234, title I, Sec. 1504, May 22, 2008,
    122 Stat. 993; Pub. L. 110-246, Sec. 4(a), title I, Sec. 1504, June
    18, 2008, 122 Stat. 1664, 1721.)


                            REFERENCES IN TEXT                        
      The Naval Stores Act, referred to in subsec. (2)(A), is act Mar.
    3, 1923, ch. 217, 42 Stat. 1435, as amended, which is classified
    generally to chapter 4 (Sec. 91 et seq.) of this title. For
    complete classification of this Act to the Code, see section 91 of
    this title and Tables.
      For the effective date of this sentence, referred to in subsec.
    (5)(A), see section 131(b) of Pub. L. 99-198, set out as an
    Effective Date of 1985 Amendment note below.
      The Standard Containers Act of 1916 and the Standard Containers
    Act of 1928, referred to in subsec. (6)(H), are act Aug. 31, 1916,
    ch. 426, 39 Stat. 673, as amended, and act May 21, 1928, ch. 664,
    45 Stat. 685, as amended, respectively, and were repealed by Pub.
    L. 90-628, Sec. 1(a), (b), Oct. 22, 1968, 82 Stat. 1320.
      The date of enactment of this subparagraph, referred to in
    subsec. (17)(B)(i), (iii), is the date of enactment of Pub. L. 110-
    246, which was approved June 18, 2008.


                               CODIFICATION                           
      Subsec. 5(B)(e), which permitted a provision for the accumulation
    and disbursement of a fund to encourage seasonal adjustments in the
    production of milk to be included in an order, was omitted as
    terminated. See Effective and Termination Dates of 1981 Amendment
    note set out below.
      Subsec. (5)(H), which permitted marketing orders applicable to
    milk and its products to be limited in application to milk used for
    manufacturing, was omitted as terminated. See Termination of 1965
    Amendment note set out below.
      Phrase ", with the approval of the President," following
    "Secretary of Agriculture" in introductory provisions of subsec.
    (9) of this section, was omitted on the authority of section 102 of
    1947 Reorg. Plan No. 1, set out in the Appendix to Title 5,
    Government Organization and Employees, which abolished the function
    of the President with respect to approving determinations of the
    Secretary of Agriculture in connection with agricultural marketing
    orders under this section.
      The words "(including the district court of the United States for
    the District of Columbia)" in subsec. (15)(B) following "The
    District Courts of the United States" have been deleted as
    superfluous in view of section 132(a) of Title 28, Judiciary and
    Judicial Procedure which states that "There shall be in each
    judicial district a district court which shall be a court of record
    known as the United States District Court for the district.", and
    section 88 of said Title 28 which states in part that "The District
    of Columbia constitutes one judicial district."
      Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
    this section. The amendments by Pub. L. 110-234 were repealed by
    section 4(a) of Pub. L. 110-246.



                                AMENDMENTS                            
      2008 - Subsec. (17). Pub. L. 110-246, Sec. 1504, added subsec.
    (17) and struck out former subsec. (17). Prior to amendment, text
    read as follows: "The provisions of this section, section 608d of
    this title, applicable to orders shall be applicable to amendments
    to orders: Provided, That notice of a hearing upon a proposed
    amendment to any order issued pursuant to this section, given not
    less than three days prior to the date fixed for such hearing,
    shall be deemed due notice thereof."
      2006 - Subsec. (5)(M) to (O). Pub. L. 109-215, Sec. 2(a), added
    pars. (M) to (O).
      Subsec. (11). Pub. L. 109-215, Sec. 2(b)(1), which directed
    striking out last sentence in subpar. (C), was executed by striking
    out concluding provisions "The price of milk paid by a handler at a
    plant operating in Clark County, Nevada shall not be subject to any
    order issued under this section." which followed subpar. (C) to
    reflect the probable intent of Congress.
      Subsec. (11)(D). Pub. L. 109-215, Sec. 2(b)(2), added par. (D).
      2004 - Subsec. (7)(C). Pub. L. 108-379, in concluding provisions,
    struck out "or pears" after "grapefruit" and ": Provided, That in a
    marketing order applicable to pears for canning or freezing the
    representation of processors and producers on such agency shall be
    equal" before period at end.
      2002 - Subsec. (2)(A). Pub. L. 107-171, Sec. 10601(a)(1),
    inserted "caneberries (including raspberries, blackberries, and
    loganberries)," after "other than pears, olives, grapefruit,
    cherries,".
      Subsec. (6)(I). Pub. L. 107-171, Sec. 10601(a)(2), substituted
    "tomatoes, caneberries (including raspberries, blackberries, and
    loganberries)," for "tomatoes,," in first proviso.
      2001 - Subsec. (1). Pub. L. 107-76, which directed insertion of
    "The Secretary is authorized to implement a producer allotment
    program and a handler withholding program under the cranberry
    marketing order in the same crop year through informal rulemaking
    based on a recommendation and supporting economic analysis
    submitted by the Cranberry Marketing Committee. Such recommendation
    and analysis shall be submitted by the Committee no later than
    March 1 of each year." at end of penultimate sentence of section
    8c(1) of the Agricultural Marketing Agreement Act of 1937, was
    executed to this section, which is section 8c(1) of the
    Agricultural Adjustment Act, to reflect the probable intent of
    Congress.
      1999 - Subsec. (6)(I). Pub. L. 106-78, Sec. 757(a)(2),
    substituted "Florida Indian River grapefruit, and cranberries" for
    "and Florida Indian River grapefruit" in first proviso.
      Pub. L. 106-78, Sec. 757(a)(1), which directed substitution of ",
    Florida grown strawberries, or cranberries" for "or Florida grown
    strawberries" in first proviso, was executed by making the
    substitution for "or Florida-grown strawberries" to reflect the
    probable intent of Congress.
      Subsec. (11). Pub. L. 106-78, Sec. 760, inserted at end "The
    price of milk paid by a handler at a plant operating in Clark
    County, Nevada shall not be subject to any order issued under this
    section."
      1992 - Subsec. (1). Pub. L. 102-553 inserted at end "In carrying
    out this section, the Secretary shall complete all informal
    rulemaking actions necessary to respond to recommendations
    submitted by administrative committees for such orders as
    expeditiously as possible, but not more than 45 days (to the extent
    practicable) after submission of the committee recommendations. The
    Secretary shall establish time frames for each office and agency
    within the Department of Agriculture to consider the committee
    recommendations."
      1991 - Subsec. (5)(B). Pub. L. 102-237 substituted ", and" for
    "and," before cl. (f).
      1990 - Subsec. (5)(B)(f). Pub. L. 101-624, Sec. 112, added cl.
    (f).
      Subsec. (5)(L). Pub. L. 101-624, Sec. 113, added par. (L).
      Subsec. (14)(A). Pub. L. 101-624, Sec. 1306(1), struck out
    "(other than a provision calling for payment of a pro rata share of
    expenses)" before "shall, on conviction" and substituted ". If" for
    ": Provided, That if".
      Subsec. (14)(B). Pub. L. 101-624, Sec. 1306(2), struck out
    "(other than a provision calling for payment of a pro rata share of
    expenses)" before "may be assessed".
      1988 - Subsec. (5)(K). Pub. L. 100-418, Sec. 4601, added par.
    (K).
      Subsec. (6)(I). Pub. L. 100-418, Sec. 4602, substituted
    "tomatoes, or Florida-grown strawberries," for "or tomatoes" in
    first proviso.
      1987 - Subsec. (14). Pub. L. 100-203 designated existing
    provisions as par. (A) and added par. (B).
      1985 - Subsec. (5)(A). Pub. L. 99-198, Sec. 131(a), inserted
    provisions, with accompanying table, establishing the minimum
    aggregate amounts of the adjustments under cls. (1) and (2) to
    prices for milk of the highest use classification under orders in
    effect on Dec. 23, 1985, and requiring that such prices be adjusted
    for the locations at which delivery of such milk is made to such
    handlers.
      Subsec. (5)(J). Pub. L. 99-198, Sec. 133, added par. (J).
      Subsec. (14). Pub. L. 99-198, Sec. 1661(a), substituted "$5,000"
    for "$500".
      Subsec. (16)(A). Pub. L. 99-198, Sec. 1662(a)(1), designated
    existing provisions of par. (A) as cl. (i), substituted "Except as
    provided in clause (ii), the Secretary" for "The Secretary", and
    added cl. (ii).
      Subsec. (16)(C). Pub. L. 99-198, Sec. 1662(a)(2), substituted
    "Except as otherwise provided in this subsection with respect to
    the termination of an order issued under this section, the
    termination" for "The termination".
      1983 - Subsec. (2)(B). Pub. L. 98-180, Sec. 304(1), substituted
    "poultry (but not excepting turkeys and not excepting poultry which
    produce commercial eggs)," for "poultry (but not excepting
    turkeys), eggs (but not excepting turkey hatching eggs),".
      Subsec. (6)(I). Pub. L. 98-180, Sec. 304(2), inserted "eggs,"
    after "pecans," in first proviso.
      Pub. L. 98-171 inserted, in first proviso, "filberts (otherwise
    known as hazelnuts)," after "almonds," in two places.
      1981 - Subsec. (5)(B). Pub. L. 97-98, Sec. 101(a)(1), temporarily
    added cls. (d) and (e) and struck out former cl. (d) which read as
    follows: "a further adjustment, equitably to apportion the total
    value of the milk purchased by any handler, or by all handlers,
    among producers and associations of producers, on the basis of
    their marketings of milk during a representative period of time."
    See Effective and Termination Dates of 1981 Amendment note below.
      Subsec. (17). Pub. L. 97-98, Sec. 101(a)(2), temporarily struck
    out period at end and added second proviso related to provisions
    governing procedures when one-third or more of producers apply in
    writing for a hearing on a proposed amendment of an order,
    prohibiting any construction of subsec. (12) in a way which might
    permit cooperatives to act for their members in applying for
    hearings, and excusing the Secretary from the requirement of having
    to call a hearing on proposed amendments to an order in response to
    an application for such a hearing when the application for such a
    hearing is received by the Secretary within ninety days after the
    date on which the Secretary has announced his decision on a
    previously proposed amendment to such order and the two proposed
    amendments are essentially the same. See Effective and Termination
    Dates of 1981 Amendment note below. A substantially identical
    amendment was temporarily made by Pub. L. 91-524, Sec. 201(f)(1),
    as added by Pub. L. 93-86, see 1970 Amendment note and Termination
    of 1970 Amendment note below.
      Subsec. (18). Pub. L. 97-98, Sec. 101(a)(3), temporarily inserted
    "to meet current needs and further to assure a level of farm income
    adequate to maintain productive capacity sufficient to meet
    anticipated future needs" after "pure and wholesome milk". See
    Effective and Termination Dates of 1981 Amendment note below. An
    identical amendment was temporarily made by Pub. L. 91-524, Sec.
    201(f)(2), as added by Pub. L. 93-86, see 1970 Amendment note and
    Termination of 1970 Amendment note below.
      1980 - Subsec. (6)(I). Pub. L. 96-494 inserted, in first proviso,
    "walnuts," before "or tomatoes" and "walnuts, olives," before "and
    Florida Indian River grapefruit".
      1978 - Subsec. (6)(I). Pub. L. 95-279 inserted, in first proviso,
    "raisins," after "apples," and ", raisins," after "with respect to
    almonds".
      1973 - Subsec. (6)(I). Pub. L. 93-230 inserted "and Florida
    Indian River grapefruit" after "with respect to almonds" in first
    proviso.
      Subsec. (17). Pub. L. 93-86 added Pub. L. 91-524, Sec. 201(f)(1).
    See 1970 Amendment note below.
      Subsec. (18). Pub. L. 93-86 added Pub. L. 91-524, Sec. 201(f)(2).
    See 1970 Amendment note below.
      1972 - Subsec. (2)(A). Pub. L. 92-466, Sec. 1(1), inserted
    "pears," after "canned or frozen" the first time appearing and
    before "olives,".
      Pub. L. 92-233, Sec. 1(1), inserted "and not including potatoes
    for canning, freezing, or other processing" after "vegetables (not
    including vegetables, other than asparagus, for canning or
    freezing". The amendment served to make permanent the temporary
    exemption first inserted by Pub. L. 91-196, Sec. 1(1). See 1970
    Amendment note and Effective Date of 1970 Amendment note below.
      Subsec. (2)(B). Pub. L. 92-233, Sec. 1(2), inserted "including
    potatoes for canning, freezing, or other processing" after "fruits
    and vegetables for canning or freezing,". The amendment served to
    make permanent the temporary exemption first inserted by Pub. L. 91-
    196, Sec. 1(2). See 1970 Amendment note and Effective Date of 1970
    Amendment note below.
      Subsec. (6)(I). Pub. L. 92-466, Sec. 1(2), in first proviso,
    struck out "fresh" before "pears" and inserted at end "and when the
    handling of any commodity for canning or freezing is regulated,
    then any such projects may also deal with the commodity or its
    products in canned or frozen form".
      Subsec. (6)(J). Pub. L. 92-466, Sec. 1(5), added par. (J).
      Subsec. (7)(C). Pub. L. 92-466, Sec. 1(3), inserted "or pears"
    after "a marketing order applicable to grapefruit", struck out
    period at end, and inserted ": Provided, That in a marketing order
    applicable to pears for canning or freezing the representation of
    processors and producers on such agency shall be equal."
      Subsec. (19). Pub. L. 92-466, Sec. 1(4), inserted provision
    respecting producer or processor referendum for approving order
    applicable to pears for canning or freezing.
      1971 - Subsec. (5)(I). Pub. L. 91-670, Sec. 101, added par. (I).
      Subsec. (6)(I). Pub. L. 92-120 inserted "California-grown
    peaches," after "applicable to almonds," in first proviso.
      Pub. L. 91-670, Sec. 201, substituted "apples, or tomatoes" for
    "or apples" in first proviso.
      1970 - Subsec. (2)(A). Pub. L. 91-341 substituted "Connecticut,
    Colorado, Utah, New Mexico, Illinois, and Ohio" for "and
    Connecticut".
      Pub. L. 91-196, Sec. 1(1), temporarily inserted "and not
    including potatoes for canning, freezing, or other processing"
    after "vegetables (not including vegetables, other than asparagus,
    for canning or freezing". See Effective Date of 1970 Amendment note
    below.
      Subsec. (2)(B). Pub. L. 91-196, Sec. 1(2), temporarily inserted
    "including potatoes for canning, freezing, or other processing,"
    after "fruits and vegetables for canning or freezing,". See
    Effective Date of 1970 Amendment note below.
      Subsec. (5)(B). Pub. L. 91-524, Sec. 201(a), temporarily added
    cls. (d) to (f) and struck out former cl. (d) and concluding
    provisions. See Termination of 1970 Amendment note below.
      Subsec. (6)(I). Pub. L. 91-522 inserted "almonds," before
    "cherries" in first proviso, inserted at end of first proviso "and
    with respect to almonds may provide for crediting the pro rata
    expense assessment obligations of a handler with all or any portion
    of his direct expenditures for such marketing promotion including
    paid advertising as may be authorized by the order", and amended
    second proviso generally.
      Pub. L. 91-384 inserted "papayas," after "applicable to
    cherries," in first proviso.
      Pub. L. 91-363 substituted "avocados, or apples" for "or
    avocados" in first proviso.
      Pub. L. 91-292 which directed the insertion of "production
    research," after "Establishing or providing for the establishment
    of", was executed by making the insertion after "establishing or
    providing for the establishment of" to reflect the probable intent
    of Congress, inserted "or efficient production" after
    "consumption", and struck out period at end and inserted ":
    Provided further, That the inclusion in a Federal marketing order
    of provisions for research shall not be deemed to preclude, preempt
    or supersede research provisions in any State program covering the
    same commodity."
      Subsec. (17). Pub. L. 91-524, Sec. 201(f)(1), as added by Pub. L.
    93-86, temporarily struck out period at end and added second
    proviso related to provisions governing procedures when one-third
    or more of producers apply in writing for a hearing on a proposed
    amendment of an order, prohibiting any construction of subsec. (12)
    in a way which might permit cooperatives to act for their members
    in applying for hearings, and excusing the Secretary from the
    requirement of having to call a hearing on proposed amendments to
    an order in response to an application for such a hearing when the
    application for such a hearing is received by the Secretary within
    ninety days after the date on which the Secretary has announced his
    decision on a previously proposed amendment to such order and the
    two proposed amendments are essentially the same. See Termination
    of 1970 Amendment note below.
      Subsec. (18). Pub. L. 91-524, Sec. 201(f)(2), as added by Pub. L.
    93-86, temporarily inserted "to meet current needs and further to
    assure a level of farm income adequate to maintain productive
    capacity sufficient to meet anticipated future needs" after "pure
    and wholesome milk". See Termination of 1970 Amendment note below.
      1965 - Subsec. (5)(B). Pub. L. 89-321, Sec. 101, temporarily
    added cl. (d) and concluding provisions and struck out former cl.
    (d). See Termination of 1965 Amendments note below.
      Subsec. (5)(H). Pub. L. 89-321, Sec. 102(a), temporarily added
    par. (H). See Termination of 1965 Amendments note below.
      Subsec. (6)(I). Pub. L. 89-330 inserted ", carrots, citrus
    fruits, onions, Tokay grapes, fresh pears, dates, plums,
    nectarines, celery, sweet corn, limes, olives, pecans, or avocados"
    after "applicable to cherries" in proviso.
      Subsec. (18). Pub. L. 89-321, Sec. 102(b), temporarily inserted
    "or, in the case of orders applying only to manufacturing milk, the
    production area" after "marketing area" in two places. See
    Termination of 1965 Amendments note below.
      1962 - Subsec. (6)(I). Pub. L. 87-703 struck out period at end
    and inserted ": Provided, That with respect to orders applicable to
    cherries such projects may provide for any form of marketing
    promotion including paid advertising."
      1961 - Subsec. (2). Pub. L. 87-128, Sec. 141(3), designated
    provisions after "applicable only to" as par. (A), inserted
    "cherries, apples, or cranberries," after "grapefruit," the first
    time appearing, substituted "Idaho, New York, Michigan, Maryland,
    New Jersey, Indiana, California, Maine, Vermont, New Hampshire,
    Rhode Island, Massachusetts, and Connecticut, and not including
    fruits for canning or freezing other than olives, grapefruit,
    cherries, cranberries, and apples produced in the States named
    above except Washington, Oregon, and Idaho)" for "and Idaho, and
    not including fruits, other than olives and grapefruit, for canning
    or freezing)", struck out "soybeans," before "hops, honeybees", and
    added par. (B).
      Subsec. (19). Pub. L. 87-128, Sec. 141(4), amended text
    generally.
      1954 - Subsec. (2). Act Aug. 28, 1954, Sec. 401(b), amended text
    generally.
      Subsec. (6). Act Aug. 28, 1954, Sec. 401(c), added introductory
    provisions and struck out former introductory provisions and added
    pars. (H) and (I).
      Subsec. (7)(C). Act Aug. 28, 1954, Sec. 401(d), inserted at end
    "There shall be included in the membership of any agency selected
    to administer a marketing order applicable to grapefruit for
    canning or freezing one or more representatives of processors of
    the commodity specified in such order."
      1949 - Subsecs. (2), (6). Act June 29, 1949, inserted "filberts,
    almonds," before "pecans and walnuts" in subsec. (2) and in
    introductory provisions of subsec. (6).
      1948 - Subsec. (17). Act July 3, 1948, Sec. 302(c), struck out
    "and section 608e of this title".
      Subsec. (18). Act July 3, 1948, Sec. 302(b), amended text
    generally.
      1947 - Subsec. (2). Act Aug. 1, 1947, Sec. 4, inserted "or
    freezing" after "canning" in two places.
      Subsec. (6). Act Aug. 1, 1947, Sec. 2, amended text generally.
      1942 - Subsec. (6). Act Feb. 10, 1942, substituted "hops and
    their products," for "hops," in introductory provisions and added
    par. (F).
      1939 - Subsecs. (2), (6). Act May 31, 1939, made technical
    amendment to Act June 3, 1937, Sec. 2, by adding a subsection (m)
    designation at the end thereof and amended this section by
    inserting ", other than apples produced in the States of
    Washington, Oregon, and Idaho," after "apples" in subsec. (2) and
    in introductory provisions of subsec. (6).
      1938 - Subsec. (2). Act Apr. 13, 1938, Sec. 1, inserted ", hops,"
    after "soybeans".
      Subsec. (6). Act Apr. 13, 1938, Sec. 2, inserted ", hops," after
    "soybeans and their products" in introductory provisions.
      1937 - Act June 3, 1937, Sec. 1, affirmed, validated, and
    reenacted provisions of section. See Validity of Section Affirmed
    note below.
      Subsec. (2). Act Aug. 5, 1937, amended act June 3, 1937, by
    adding thereto subsec. (k), which in turn directed the insertion of
    "and the products of honeybees" after "except the products of naval
    stores", which was executed by making the insertion after "except
    products of naval stores", to reflect the probable intent of
    Congress and inserted ", honeybees" after "soybeans".
      Subsec. (5)(B)(d). Act June 3, 1937, Sec. 2(d), substituted
    "marketings of milk" for "production of milk".
      Subsec. (6). Act Aug. 5, 1937, amended act June 3, 1937, by
    adding subsec. (l), which in turn amended subsec. (6) by inserting
    "honeybees," after "soybeans and their products," in introductory
    provisions.
      Subsec. (6)(B). Act June 3, 1937, Sec. 2(e), struck out "produced
    or" before "sold by such producers" and substituted "quantities
    available for sale by" for "production or sales of".
      Subsecs. (18), (19). Act June 3, 1937, Sec. 2(f), added subsecs.
    (18) and (19).
      1936 - Subsec. (15)(B). Act June 25, 1936, provided that the
    Supreme Court of the District of Columbia should thereafter be
    known as the "district court of the United States for the District
    of Columbia". See Codification note above.
      1935 - Section added to the Agricultural Adjustment Act by act
    Aug. 24, 1935, which also struck out former section 608(3) of this
    title.

                     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, see section 4 of Pub. L. 110-246, set out as an Effective
    Date note under section 8701 of this title.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-215, Sec. 2(d), Apr. 11, 2006, 120 Stat. 330,
    provided that: "The amendments made by this section [amending this
    section] take effect on the first day of the first month beginning
    more than 15 days after the date of the enactment of this Act [Apr.
    11, 2006]. To accomplish the expedited implementation of these
    amendments, effective on the date of the enactment of this Act, the
    Secretary of Agriculture shall include in the pool distributing
    plant provisions of each Federal milk marketing order issued under
    subparagraph (B) of section 8c(5) of the Agriculture Adjustment Act
    (7 U.S.C. 608c(5)), reenacted with amendments by the Agriculture
    [Agricultural] Marketing Agreement Act of 1937, a provision that a
    handler described in subparagraph (M) of such section, as added by
    subsection (a) of this section, will be fully regulated by the
    order in which the handler's distributing plant is located. These
    amendments shall not be subject to a referendum under section
    8c(19) of such Act (7 U.S.C. 608c(19))."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-78, title VII, Sec. 760, Oct. 22, 1999, 113 Stat.
    1173, provided that the amendment made by section 760 is effective
    Oct. 1, 1999.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendments by sections 112 and 113 of Pub. L. 101-624 effective
    beginning with 1991 crop of an agricultural commodity, with
    provision for prior crops, see section 1171 of Pub. L. 101-624, set
    out as a note under section 1421 of this title.

                     EFFECTIVE DATES OF 1985 AMENDMENT                 
      Pub. L. 99-198, title I, Sec. 131(b), Dec. 23, 1985, 99 Stat.
    1373, provided that: "The amendment made by this section [amending
    this section] shall take effect on the first day of the first month
    beginning more than 120 days after the date of the enactment of
    this Act [Dec. 23, 1985]."
      Pub. L. 99-198, title I, Sec. 133, Dec. 23, 1985, 99 Stat. 1373,
    provided that the amendment made by that section is effective Jan.
    1, 1986.
      Pub. L. 99-198, title XVI, Sec. 1661(b), Dec. 23, 1985, 99 Stat.
    1630, provided that: "The amendment made by subsection (a)
    [amending this section] shall not apply with respect to any
    violation described in section 8c(14) of the Agricultural
    Adjustment Act [subsec. (14) of this section] occurring before the
    date of the enactment of this Act [Dec. 23, 1985]."

             EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT         
      Pub. L. 97-98, title I, Sec. 101(b), Dec. 22, 1981, 95 Stat.
    1219, as amended by Pub. L. 99-198, title I, Sec. 132, Dec. 23,
    1985, 99 Stat. 1373; Pub. L. 101-624, title I, Sec. 108, Nov. 28,
    1990, 104 Stat. 3380; Pub. L. 103-66, title I, Sec. 1105(b), Aug.
    10, 1993, 107 Stat. 317, provided that: "The provisions of
    subsection (a) [amending this section] shall become effective
    January 1, 1982, and shall terminate December 31, 1996."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Pub. L. 95-279, title IV, Sec. 401(a), May 15, 1978, 92 Stat.
    242, provided that the amendment made by that section is effective
    Oct. 1, 1978.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Pub. L. 91-196, Sec. 2, Feb. 20, 1970, 84 Stat. 14, provided
    that: "The amendments made by this Act [amending this section]
    shall be effective only during the period beginning with the date
    of enactment of this Act [Feb. 20, 1970] and ending two years after
    such date." The limited effective period beginning Feb. 20, 1970,
    and ending two years after such date for the amendments made by
    Pub. L. 91-196 was removed as a result of the enactment of Pub. L.
    92-233, Feb. 15, 1972, 86 Stat. 39, which made amendments to the
    section substantively identical to those made by Pub. L. 91-196 but
    without a time limit on such amendments of the type which had
    limited the duration of such earlier Pub. L. 91-196 amendments.

             TERMINATION OF 1970 AMENDMENT; SAVINGS PROVISION         
      Pub. L. 91-524, title II, Sec. 201(e), Nov. 30, 1970, 84 Stat.
    1361, as amended by Pub. L. 93-86, Sec. 1(2)(A), Aug. 10, 1973, 87
    Stat. 222; Pub. L. 95-113, title II, Sec. 201, Sept. 29, 1977, 91
    Stat. 919, provided that: "The provisions of this section [amending
    this section] shall not be effective after December 31, 1981,
    except with respect to orders providing for class I base plans
    issued prior to such date, but in no event shall any order so
    issued extend or be effective beyond December 31, 1984."

      TERMINATION OF 1965 AMENDMENT; REVERSION OF STATUS OF PRODUCER
                 HANDLERS OF MILK TO PRE-AMENDMENT STATUS
      Pub. L. 89-321, title I, Secs. 103, 104, Nov. 3, 1965, 79 Stat.
    1188, as amended by Pub. L. 90-559, Sec. 1(3), Oct. 11, 1968, 82
    Stat. 996, provided that:
      "Sec. 103. The provisions of this title [amending this section]
    shall not be effective after December 31, 1970.
      "Sec. 104. The legal status of producer handlers of milk under
    the provisions of the Agricultural Adjustment Act, as reenacted and
    amended by the Agricultural Marketing Agreement Act of 1937, as
    amended, shall be the same subsequent to the adoption of the
    amendments made by this title [amending this section] as it was
    prior thereto."

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act July 3, 1948, effective Jan. 1, 1950, see
    section 303 of act July 3, 1948, set out as a note under section
    1301 of this title.

                                SHORT TITLE                            
      Pub. L. 89-321, Sec. 1, Nov. 3, 1965, 79 Stat. 1187, provided:
    "That this Act [enacting sections 1305, 1306, 1316, 1344b, 1379,
    1446a-1, and 1838 of this title, amending this section and sections
    1301, 1314b, 1332, 1333, 1334, 1335, 1339, 1339a, 1339c, 1340,
    1346, 1348, 1350, 1353, 1374, 1379b, 1379c, 1379d, 1379e, 1379g,
    1379i, 1423, 1427, 1428, 1444, 1445a, and 1782 of this title and
    section 590p of Title 16, Conservation, repealing sections 1801 to
    1816, 1821 to 1824, 1831, and 1832 to 1837 of this title, enacting
    provisions set out as notes under this section and sections 1282,
    1301, 1332, 1334, 1339, 1350, 1359, 1379b, 1379c, 1379d, 1379i,
    1428, 1441, and 1445a of this title and section 590p of Title 16,
    and amending provisions set out as notes under sections 1339,
    1379c, and 1427 of this title] may be cited as the 'Food and
    Agriculture Act of 1965'."

        EXPEDITED MARKETING ORDER FOR HASS AVOCADOS FOR GRADES AND
                       STANDARDS AND OTHER PURPOSES
      Pub. L. 110-234, title X, Sec. 10108, May 22, 2008, 122 Stat.
    1338, and Pub. L. 110-246, Sec. 4(a), title X, Sec. 10108, June 18,
    2008, 122 Stat. 1664, 2099, provided that:
      "(a) In General. - The Secretary [of Agriculture] shall initiate
    procedures under the Agricultural Adjustment Act (7 U.S.C. 601 et
    seq.), reenacted with amendments by the Agricultural Marketing
    Agreement Act of 1937, to determine whether it would be appropriate
    to establish a Federal marketing order for Hass avocados relating
    to grades and standards and for other purposes under that Act.
      "(b) Expedited Procedures. - 
        "(1) Proposal for an order. - An organization of domestic
      avocado producers in existence on the date of enactment of this
      Act [June 18, 2008] may request the issuance of, and submit to
      the Secretary a proposal for, an order described in subsection
      (a).
        "(2) Publication of proposal. - Not later than 60 days after
      the date on which the Secretary receives a proposed order under
      paragraph (1), the Secretary shall initiate procedures described
      in subsection (a) to determine whether the proposed order should
      proceed.
      "(c) Effective Date. - Any order issued under this section shall
    become effective not later than 15 months after the date on which
    the Secretary initiates procedures under the Agricultural
    Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by
    the Agricultural Marketing Agreement Act of 1937."
      [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.]

                     RECORDS AND FACILITY REQUIREMENTS                 
      Pub. L. 109-215, Sec. 2(c), Apr. 11, 2006, 120 Stat. 330,
    provided that: "Notwithstanding any other provision of this section
    [amending this section and enacting provisions set out as notes
    under this section and section 601 of this title], or the
    amendments made by this section, a milk handler (including a
    producer-handler or a producer operating as a handler) that is
    subject to regulation under this section or an amendment made by
    this section shall comply with the requirements of section 1000.27
    of title 7, Code of Federal Regulations, or a successor regulation,
    relating to handler responsibility for records or facilities."

                  MINNESOTA-WISCONSIN PRICE SERIES REFORM              
      Pub. L. 101-624, title I, Sec. 103, Nov. 28, 1990, 104 Stat.
    3379, required the Secretary of Agriculture to consider alternative
    pricing formula recommendations as they related to the Minnesota-
    Wisconsin price series used to determine the minimum prices paid
    under milk marketing orders, to hold a national hearing on proposed
    replacements of that price series, and to report to Congress on
    issuance of a final decision on the hearing proposals.

                 HEARINGS ON FEDERAL MILK MARKETING ORDERS             
      Pub. L. 101-624, title I, Sec. 104, Nov. 28, 1990, 104 Stat.
    3379, required the Secretary of Agriculture to conclude national
    hearings on possible changes in the pricing provisions of Federal
    milk marketing orders by Mar. 29, 1990, and to effect any system-
    wide changes in the Federal orders setting minimum prices that
    milk processors must pay for Grade A milk received from producers,
    by Jan. 1, 1992.

                        STATUS OF PRODUCER HANDLERS                    
      Pub. L. 101-624, title I, Sec. 115, Nov. 28, 1990, 104 Stat.
    3381, provided that: "The legal status of producer handlers of milk
    under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
    reenacted with amendments by the Agricultural Marketing Agreement
    Act of 1937, shall be the same after the amendments made by this
    title [enacting section 1446e of this title and amending this
    section and sections 450l and 1446a of this title, section 713a-14
    of Title 15, Commerce and Trade, and provisions set out as notes
    under this section and section 1731 of this title] take effect as
    it was before the effective date of the amendments [see Effective
    Date of 1990 Amendment note set out under section 1421 of this
    title]."

                     MULTIPLE COMPONENT PRICING STUDY                 
      Pub. L. 101-624, title I, Sec. 116, Nov. 28, 1990, 104 Stat.
    3381, required the Secretary of Agriculture to initiate a study to
    determine whether, and to what extent, milkfat is being produced in
    the United States in excess of commercial market needs as a result
    of any provision of law, regulation, or order that affects the
    manner in which producers receive payment for milk on the basis of
    the milk components contained in their marketings of milk under any
    Federal or State milk pricing program, to report to Congress on the
    study not later than 180 days after Nov. 28, 1990, and to announce
    a hearing on multiple component pricing provisions in individual
    Federal milk marketing orders issued under this section.

                        MARKETWIDE SERVICE PAYMENTS                    
      Pub. L. 99-260, Sec. 9, Mar. 20, 1986, 100 Stat. 51, provided
    that:
      "(a) Hearing. - Not later than 90 days after receipt of a
    proposal to amend a milk marketing order in accordance with section
    8c(5)(J) of the Agricultural Adjustment Act, reenacted with
    amendments by the Agricultural Marketing Agreement Act of 1937 (7
    U.S.C. 608c(5)(J)) (as added by section 133 of the Food Security
    Act of 1985), the Secretary of Agriculture shall conduct a hearing
    on the proposal.
      "(b) Implementation. - Not later than 120 days after a hearing is
    conducted under subsection (a), the Secretary shall implement, in
    accordance with the Agricultural Adjustment Act [this chapter], a
    marketwide service payment program under section 8c(5)(J) of such
    Act that meets the requirements of such Act."

                      TERMINATION OF MARKETING ORDERS                  
      Pub. L. 99-198, title XVI, Sec. 1662(b), Dec. 23, 1985, 99 Stat.
    1631, provided that: "The Secretary of Agriculture may not
    terminate any marketing order under section 8c(16) of the of the
    [so in original] Agricultural Adjustment Act (7 U.S.C. 608c(16)),
    reenacted with amendments by the Agricultural Marketing Agreement
    Act of 1937, if such termination becomes effective before January
    16, 1986."

    REPORT TO HOUSES OF CONGRESS REGARDING IMPLEMENTATION OF PROVISIONS
                    RELATING TO HANDLING OF COMMODITIES
      Pub. L. 95-279, title IV, Sec. 401(b), May 15, 1978, 92 Stat.
    243, provided that, within a period of 60 days following the second
    anniversary of the implementation of section 401 of Pub. L. 95-279,
    the Secretary of Agriculture was to submit to Congress a report
    describing how section 401 was implemented.

       RETENTION OF STATUS OF PRODUCER HANDLERS OF MILK AT PRE-1985
                             AMENDMENT STATUS
      Pub. L. 99-198, title I, Sec. 134, Dec. 23, 1985, 99 Stat. 1373,
    provided that: "The legal status of producer handlers of milk under
    the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted
    with amendments by the Agricultural Marketing Agreement Act of
    1937, shall be the same after the amendments made by this title
    [probably means this subtitle, subtitle C (Secs. 131-134) of title
    I of Pub. L. 99-198, amending subsec. (5) of this section and
    provisions set out as a note above] take effect as it was before
    the effective date of such amendments."

       RETENTION OF STATUS OF PRODUCER HANDLERS OF MILK AT PRE-1981
                             AMENDMENT STATUS
      Pub. L. 97-98, title I, Sec. 102, Dec. 22, 1981, 95 Stat. 1219,
    provided that: "The legal status of producer handlers of milk under
    the provisions of the Agricultural Adjustment Act, as reenacted and
    amended by the Agricultural Marketing Agreement Act of 1937 [this
    chapter] shall be the same subsequent to the adoption of the
    amendment made by the Agriculture and Food Act of 1981 [see Tables]
    as it was prior thereto."

       RETENTION OF STATUS OF PRODUCER HANDLERS OF MILK AT PRE-1977
                             AMENDMENT STATUS
      Pub. L. 95-113, title II, Sec. 202, Sept. 29, 1977, 91 Stat. 919,
    provided that: "The legal status of producer handlers of milk under
    the provisions of the Agricultural Adjustment Act [see Short Title
    note set out under section 601 of this title], as reenacted and
    amended by the Agricultural Marketing Agreement Act of 1937, as
    amended [act June 3, 1937, ch. 296, 50 Stat. 246, set out as a note
    under section 601 of this title] shall be the same subsequent to
    the adoption of the amendment made by the Food and Agriculture Act
    of 1977 [see Short Title of 1977 Amendment note set out under
    section 1281 of this title] as it was prior thereto."

       RETENTION OF STATUS OF PRODUCER HANDLERS OF MILK AT PRE-1973
                             AMENDMENT STATUS
      Pub. L. 91-524, title II, Sec. 206, as added by Pub. L. 93-86,
    Sec. 1(6), Aug. 10, 1973, 87 Stat. 224; amended Pub. L. 93-125,
    Sec. 1(a)(iii), Oct. 18, 1973, 87 Stat. 450, provided that: "The
    legal status of producer handlers of milk under the provisions of
    the Agricultural Adjustment Act, as reenacted and amended by the
    Agricultural Marketing Agreement Act of 1937, as amended, shall be
    the same subsequent to the adoption of the amendments made by the
    Agriculture and Consumer Protection Act of 1973 [Pub. L. 93-86,
    amending this section and sections 450l, 1446, and 1446a of this
    title] as it was prior thereto."

       RETENTION OF STATUS OF PRODUCER HANDLERS OF MILK AT PRE-1970
                             AMENDMENT STATUS
      Pub. L. 91-524, title II, Sec. 201(b), Nov. 30, 1970, 84 Stat.
    1361, provided that the legal status of producer handlers of milk
    under the Agricultural Adjustment Act shall be the same subsequent
    to the adoption of the amendments made by Pub. L. 91-524 as it was
    prior thereto. For termination of this provision, see Termination
    of 1970 Amendment note above.

    RATIFICATION, LEGALIZATION, CONFIRMATION, AND EXTENSION OF CLASS I
     BASE PLAN PROVISIONS IN MARKETING ORDERS ISSUED PRIOR TO NOV. 30,
                                   1970
      Pub. L. 91-524, title II, Sec. 201(c), Nov. 30, 1970, 84 Stat.
    1361, validated and expressly ratified, legalized, and confirmed
    class I base plan provisions of marketing orders previously issued
    by the Secretary of Agriculture. For termination of this provision,
    see Termination of 1970 Amendment note above.

              REAFFIRMATION OF SUBSEC. (5)(G) OF THIS SECTION          
      Pub. L. 91-524, title II, Sec. 201(d), Nov. 30, 1970, 84 Stat.
    1361, clarified Congressional intent that subsection (5)(G) be
    fully reaffirmed and in no way altered, rescinded, or amended. For
    termination of this provision, see Termination of 1970 Amendment
    note above.

                       VALIDITY OF SECTION AFFIRMED                   
      Act June 3, 1937, ch. 296, Sec. 1, 50 Stat. 246, affirmed and
    validated, and reenacted without change the provisions of this
    section, except for the amendments to subsections (5)(B)(d) and
    (6)(B) by section 2 of the act, and the addition of subsections
    (18) and (19) by said section 2. See Validity of Certain Sections
    Affirmed note set out under section 601 of this title.


    (footnote 1) So in original. Probably should be followed by a comma.

               

    (footnote 2) So in original.

    (footnote 3) So in original. Probably should be followed by a period.

    (footnote 4) So in original. Probably should be "paragraph".

    (footnote 5) So in original. Probably should be "clause".

               

    (footnote 6) So in original. Probably should be capitalized.

    (footnote 7) So in original. Probably should be a period.

    (footnote 8) So in original. Probably should be "Florida-grown".