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Title 7 — Agriculture

Chapter 101 — Agricultural Promotion

§ 7416a. Confirmation of authority of Secretary of Agriculture to collect State commodity assessments

Statutory text

(a)

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.

(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.

(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 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.

  1. 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. 3894

    Enacted 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.

  2. 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”; and

    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. 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
  1. 2004Pub. L. 108–470, § 1, , 118 Stat. 3894
  2. 2008Pub. L. 110–234, title I, § 1616, , 122 Stat. 1021
  3. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s7416a