Title 7 — Agriculture
Chapter 101 — Agricultural Promotion
§ 7416a. Confirmation of authority of Secretary of Agriculture to collect State commodity assessments
Statutory text
Collection from marketing assistance loans
The Secretary of Agriculture shall collect commodity assessments from the proceeds of a marketing assistance loan for a producer if the assessment is required to be paid by the producer or the first purchaser of a commodity pursuant to a State law or pursuant to an authority administered by the Secretary. This collection authority does not extend to a State tax or other revenue collection activity by a State.
Collection pursuant to agreement
The collection of an assessment under subsection (a) shall be made as specified in an agreement between the Secretary of Agriculture and the State requesting the collection.
Prohibition on charging certain fees
The Secretary may not charge any fees or related costs for the collection of commodity assessments pursuant to this section.
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. 108–470 § 1 · 118 Stat. 3894
Enacted · 7 U.S.C. § 7416a
Pub. L. 108–470, § 1, Dec. 21, 2004, 118 Stat. 3894
Source evidence
Code source credit
Pub. L. 108–470, § 1, Dec. 21, 2004, 118 Stat. 3894Enacted provision · exact public law section
SECTION 1. CONFIRMATION OF AUTHORITY OF SECRETARY OF AGRICULTURE TO COLLECT STATE COMMODITY ASSESSMENTS. (a) Collection From Marketing Assistance Loans.— The Secretary of Agriculture may collect commodity assessments from the proceeds of a marketing assistance loan for a producer if the assessment is required to be paid by the producer or the first purchaser of a commodity pursuant to a State law or pursuant to an authority administered by the Secretary. This collection authority does not extend to a State tax or other revenue collection activity by a State. (b) Collection Pursuant to Agreement.— The collection of an assessment under subsection (a) shall be made as specified in an agreement between the Secretary of Agriculture and the State requesting the collection.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 1616(1) · 122 Stat. 1651
Substituted · 7 U.S.C. § 7416a(a)
Pub. L. 110–246, § 1616(1), substituted “shall” for “may”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–246, § 1616(1), substituted “shall” for “may”.Enacted provision · exact public law section
(1) in subsection (a), by striking “may” and inserting “shall”; andEffective date note
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.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 1616(2) · 122 Stat. 1651
Added · 7 U.S.C. § 7416a(c)
Pub. L. 110–246, § 1616(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–246, § 1616(2), added subsec. (c).Enacted provision · exact public law section
(2) by adding at the end the following: “(c) Prohibition on Charging Certain Fees.— The Secretary may not charge any fees or related costs for the collection of commodity assessments pursuant to this Act.” .Effective date note
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.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Codification
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.
Section was not enacted as part of the Commodity Promotion, Research, and Information Act of 1996 which comprises this subchapter.
Amendments
2008—Subsec. (a). Pub. L. 110–246, § 1616(1), substituted “shall” for “may”.
Subsec. (c). Pub. L. 110–246, § 1616(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , 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.
Credits
2004–2008 · 3 acts
- 2004Pub. L. 108–470, § 1, , 118 Stat. 3894
- 2008Pub. L. 110–234, title I, § 1616, , 122 Stat. 1021
- 2008Pub. L. 110–246, § 4(a), title I, § 1616, , 122 Stat. 1664, 1749.
Show as published
(Pub. L. 108–470, § 1, , 118 Stat. 3894; Pub. L. 110–234, title I, § 1616, , 122 Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1616, , 122 Stat. 1664, 1749.)