§ 5602. Definitions

Footnotes

1. 1 So in original. There probably should be a closing parenthesis.

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.

1. 1990

   Agricultural Trade Act of 1978

   Pub. L. 95–501 title I § 102 · 92 Stat. 1685

   Enacted · 7 U.S.C. § 5602

   Pub. L. 95–501, title I, § 102, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669

   Source evidence

   Code source credit
   Pub. L. 95–501, title I, § 102, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669

2. 1992

   Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992

   Pub. L. 102–511 § 702(a) · 106 Stat. 3320

   Substituted · 7 U.S.C. § 5602(1)

   Pub. L. 102–511, § 702(a), substituted “feed, fiber, or livestock (including livestock as it is defined in section 1471(2) of this title and insects)” for “feed, or fiber”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 102–511, § 702(a), substituted “feed, fiber, or livestock (including livestock as it is defined in section 1471(2) of this title and insects)” for “feed, or fiber”.

   Enacted provision · exact public law section
   (a) Agricultural Commodity.— Section 102(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)) is amended by striking “feed, or fiber” and inserting “feed, fiber, or livestock (including livestock as it is defined in section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 1471(2)) and insects)”.

3. 1992

   Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992

   Pub. L. 102–511 § 702(b) · 106 Stat. 3320

   Added · 7 U.S.C. § 5602(8)

   Pub. L. 102–511, § 702(b), added par. (8)

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 102–511, § 702(b), added par. (8).

   Enacted provision · exact public law section
   (b) Independent States of the Former Soviet Union.— Section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602) is amended by adding at the end the following: “(8) Independent states of the former soviet union.— The term ‘independent states of the former Soviet Union’ means the following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.”.

4. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title II § 243(c) · 110 Stat. 888

   1. Added · 7 U.S.C. § 5602(7)

      Pub. L. 104–127 added subpars. (A) and (B)

   2. Struck · 7 U.S.C. § 5602(7)

      Pub. L. 104–127 struck out former subpars. (A) and (B) which read as follows:

   Source evidence

   Code amendment note
   Par. (7). Pub. L. 104–127 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

   “(A) with respect to any agricultural commodity other than a product of an agricultural commodity, an agricultural commodity entirely produced in the United States; and “(B) with respect to a product of an agricultural commodity— “(i) a product all of the agricultural components of which are entirely produced in the United States; or “(ii) any other product the Secretary may designate that contains any agricultural component that is not entirely produced in the United States if— “(I) such component is an added, de minimis component, “(II) such component is not commercially produced in the United States, and “(III) there is no acceptable substitute for such component that is commercially produced in the United States.”

   Enacted provision · exact public law section
   (c) Definition of United States Agricultural Commodity.— Section 102(7) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(7)) is amended by striking subparagraphs (A) and (B) and inserting the following: “(A) an agricultural commodity or product entirely produced in the United States; or “(B) a product of an agricultural commodity— “(i) 90 percent or more of the agricultural components of which by weight, excluding packaging and added water, is entirely produced in the United States; and “(ii) that the Secretary determines to be a high value agricultural product.”.

5. 2002

   Pub. L. 107–171 title III § 3104(b) · 116 Stat. 134

   1. Added · 7 U.S.C. § 5602(5)(A)(ii)(vi)

      Pub. L. 107–171 added cls. (ii) to (vi)

   2. Struck · 7 U.S.C. § 5602(5)(A)(ii)(vi)

      Pub. L. 107–171 struck out former cl. (ii) which read as follows: “is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce.”

   Source evidence

   Code amendment note
   Par. (5)(A)(ii) to (vi). Pub. L. 107–171 added cls. (ii) to (vi) and struck out former cl. (ii) which read as follows: “is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce.”

   Enacted provision · exact public law section
   (b) Unfair Trade Practices.— Section 102(5)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(5)(A)) is amended— (1) in clause (i), by striking “or” at the end; and (2) by striking clause (ii) and inserting the following: “(ii) in the case of a monopolistic state trading enterprise engaged in the export sale of an agricultural commodity, implements a pricing practice that is inconsistent with sound commercial practice; “(iii) provides a subsidy that— “(I) decreases market opportunities for United States exports; or “(II) unfairly distorts an agricultural market to the detriment of United States exporters; “(iv) imposes an unfair technical barrier to trade, including— “(I) a trade restriction or commercial requirement (such as a labeling requirement) that adversely affects a new technology (including biotechnology); and “(II) an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uruguay Round Agreements, is not based on scientific principles; “(v) imposes a rule that unfairly restricts imports of United States agricultural commodities in the administration of tariff rate quotas; or “(vi) fails to adhere to, or circumvents any obligation under, any provision of a trade agreement with the United States.”.

6 of 7 references resolved to an enrolled provision · 1 partial