§ 608b. Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements

Footnotes

1. 1 See References in Text note below.

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. 1933

   Pub. L. 73–25 · 48 Stat. 31

   Enacted · 7 U.S.C. § 608b

   May 12, 1933, ch. 25, title I, § 8b, formerly § 8(2), 48 Stat. 34

   Source evidence

   Code source credit
   May 12, 1933, ch. 25, title I, § 8b, formerly § 8(2), 48 Stat. 34

2. 1989

   Pub. L. 101–220 § 4 · 103 Stat. 1876

   1. Amended · 7 U.S.C. § 608b

      Pub. L. 101–220 designated existing provisions as subsec. (a)

   2. Added · 7 U.S.C. § 608b

      Pub. L. 101–220 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 101–220 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 4. PEANUTS. Section 8b of the Agricultural Adjustment Act (7 U.S.C. 608b), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) by inserting “(a)” after the section designation; and (2) by adding at the end the following: “(b) (1) If an agreement with the Secretary is in effect with respect to peanuts pursuant to this section— “(A) all peanuts handled by persons who have not entered into such an agreement with the Secretary shall be subject to inspection to the same extent and manner as is required by such agreement; and “(B) no such peanuts shall be sold or otherwise disposed of for human consumption if such peanuts fail to meet the quality requirements of such agreement. “(2) Violation of this subsection by a person who has not entered into such an agreement shall result in the assessment by the Secretary of a penalty equal to 140 percent of the support price for quota peanuts multiplied by the quantity of peanuts sold or disposed of in violation of subsection (b)(1)(B), as determined under section 108B of the Agricultural Act of 1949 (7 U.S.C. 1445c–2), for the marketing year for the crop with respect to which such violation occurs.”. (c) Effective Date.— The amendment made by this section shall be effective with respect to the 1990 and subsequent crops of peanuts.

   Effective date note
   Pub. L. 101–220, § 4(c), Dec. 12, 1989, 103 Stat. 1878, provided that: “The amendment made by this section [amending this section] shall be effective with respect to the 1990 and subsequent crops of peanuts.”

3. 1991

   Pub. L. 102–237 title I § 115(1) · 105 Stat. 1818

   Changed · 7 U.S.C. § 608b(b)(2)

   Pub. L. 102–237 made technical amendment to reference to section 1445c–3 of this title involving corresponding provisions of original Act

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 102–237 made technical amendment to reference to section 1445c–3 of this title involving corresponding provisions of original Act.

   Enacted provision · exact public law section
   (1) in section 8b(b)(2) (7 U.S.C. 608b03)(2)), by striking “(7 U.S.C. 1445C–2)” and inserting “(7 U.S.C. 1445c–3)”; and

4. 1993

   Agricultural Reconciliation Act of 1993

   Pub. L. 103–66 title I § 1109(b) · 107 Stat. 312

   Added · 7 U.S.C. § 608b(b)(1)(C)

   Pub. L. 103–66 added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C). Pub. L. 103–66 added subpar. (C).

   Enacted provision · exact public law section
   (b) Assessment Under Peanut Marketing Agreement.— Section 8b(b)(1) of the Agricultural Adjustment Act (7 U.S.C. 608b(b)(1)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) by striking “and” at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(C) any assessment (except with respect to any assessment for the indemnification of losses on rejected peanuts) imposed under the agreement shall— “(i) apply to peanut handlers (as defined by the Secretary) who have not entered into such an agreement with the Secretary in addition to those handlers who have entered into the agreement; and “(ii) be paid to the Secretary.”

4 of 5 references resolved to an enrolled provision · 1 partial