Title 7 — Agriculture
Chapter 21A — Tobacco Inspection
§ 511s. Grading of tobacco
Statutory text
In general
Not later than , the Secretary of Agriculture (referred to in this section as the “Secretary”) shall conduct referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine whether such producers favor the mandatory grading of that kind of tobacco by the Secretary.
Mandatory grading
In general
If the Secretary determines that mandatory grading is favored by a majority of the producers of a kind of tobacco voting in the referendum, the Secretary is authorized and directed to ensure that the kind of tobacco is graded at the time of sale effective for the 2002 and subsequent marketing years.
Fees
To the maximum extent practicable, the Secretary shall establish, collect, and use fees for the grading of tobacco required under this section in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act (7 U.S.C. 511 et seq.).
Judicial review
A determination by the Secretary under this section shall not be subject to judicial review.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 107–76 title VII § 759(a) · 115 Stat. 704
Enacted · 7 U.S.C. § 511s
(Pub. L. 107–76, title VII, § 759(a), Nov. 28, 2001, 115 Stat. 741.)
Source evidence
Code source credit
(Pub. L. 107–76, title VII, § 759(a), Nov. 28, 2001, 115 Stat. 741.)Enacted provision · exact public law section
(a) Grading of Tobacco.— (1) In general.— Not later than March 31, 2002, the Secretary of Agriculture (referred to in this section as the “Secretary”) shall conduct referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine whether such producers favor the mandatory grading of that kind of tobacco by the Secretary. (2) Mandatory grading.— (A) In general.— If the Secretary determines that mandatory grading is favored by a majority of the producers of a kind of tobacco voting in the referendum, the Secretary is authorized and directed to ensure that the kind of tobacco is graded at the time of sale effective for the 2002 and subsequent marketing years. (B) Fees.— To the maximum extent practicable, the Secretary shall establish, collect, and use fees for the grading of tobacco required under this subsection in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act(7 U.S.C. 511 et seq.). (3) Judicial review.— A determination by the Secretary under this subsection shall not be subject to judicial review.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Agricultural Act of 1949, referred to in par. (1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
The Tobacco Inspection Act, referred to in par. (2)(B), is act Aug. 23, 1935, ch. 623, 49 Stat. 731, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 511q of this title and Tables.
Codification
Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002, and not as part of The Tobacco Inspection Act which comprises this chapter.