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Title 7 — Agriculture

Chapter 106 — Commodity Programs

§ 7958. Miscellaneous provisions

Statutory text

(a)

Mandatory inspection

All peanuts marketed in the United States shall be officially inspected and graded by Federal or Federal-State inspectors.

(b)

Termination of Peanut Administrative Committee

The Peanut Administrative Committee established under Marketing Agreement No. 146 issued pursuant to the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is terminated.

(c)

Peanut Standards Board

(1)

Establishment and purpose

The Secretary shall establish a Peanut Standards Board for the purpose of advising the Secretary regarding the establishment of quality and handling standards for domestically produced and imported peanuts.

(2)

Membership and appointment

(A)

Total members

The Board shall consist of 18 members, with representation equally divided between peanut producers and peanut industry representatives.

(B)

Appointment process for producers

The Secretary shall appoint—

(i)

3 producers from the Southeast (Alabama, Georgia, and Florida) peanut producing region;

(ii)

3 producers from the Southwest (Texas, Oklahoma, and New Mexico) peanut producing region; and

(iii)

3 producers from the Virginia/Carolina (Virginia, North Carolina, and South Carolina) peanut producing region.

(C)

Appointment process for industry representatives

The Secretary shall appoint 3 peanut industry representatives from each of the 3 peanut producing regions in the United States.

(3)

Terms

(A)

In general

A member of the Board shall serve a 3-year term.

(B)

Initial appointment

In making the initial appointments to the Board, the Secretary shall stagger the terms of the members so that—

(i)

1 producer member and peanut industry member from each peanut producing region serves a 1-year term;

(ii)

1 producer member and peanut industry member from each peanut producing region serves a 2-year term; and

(iii)

1 producer member and peanut industry member from each peanut producing region serves a 3-year term.

(4)

Consultation required

The Secretary shall consult with the Board in advance whenever the Secretary establishes or changes, or considers the establishment of or a change to, quality and handling standards for peanuts.

(5)

Chapter 10 of title 5

Chapter 10 of title 5 shall not apply to the Board.

(d)

Priority

The Secretary shall make identifying and combating the presence of all quality concerns related to peanuts a priority in the development of quality and handling standards for peanuts and in the inspection of domestically produced and imported peanuts. The Secretary shall consult with appropriate Federal and State agencies to provide adequate safeguards against all quality concerns related to peanuts.

(e)

Consistent standards

Imported peanuts shall be subject to the same quality and handling standards as apply to domestically produced peanuts.

(f)

Authorization of appropriations

(1)

In general

In addition to other funds that are available to carry out this section, there is authorized to be appropriated such sums as are necessary to carry out this section.

(2)

Treatment of Board expenses

The expenses of the Peanut Standards Board shall not be counted toward any general limitation on the expenses of advisory committees, panels, commissions, and task forces of the Department of Agriculture, whether enacted before, on, or after , unless the limitation specifically refers to this paragraph and specifically includes the Peanut Standards Board within the general limitation.

(g)

Transition rule

(1)

Temporary designation of Peanut Administrative Committee members

Notwithstanding the appointment process specified in subsection (c) for the Peanut Standards Board, during the transition period, the Secretary may designate persons serving as members of the Peanut Administrative Committee on the day before , to serve as members of the Peanut Standards Board for the purpose of carrying out the duties of the Board described in this section.

(2)

Funds

The Secretary may transfer any funds available to carry out the activities of the Peanut Administrative Committee to the Peanut Standards Board to carry out the duties of the Board described in this section.

(3)

Transition period

In paragraph (1), the term “transition period” means the period beginning on , and ending on the earlier of—

(A)

the date the Secretary appoints the members of the Peanut Standards Board pursuant to subsection (c); or

(B)

180 days after .

(h)

Effective date

This section shall take effect with the 2002 crop of peanuts.

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. 107–171 title I § 1308 · 116 Stat. 134

    Enacted · 7 U.S.C. § 7958

    Pub. L. 107–171, title I, § 1308, May 13, 2002, 116 Stat. 178

    Source evidence

    Code source credit
    Pub. L. 107–171, title I, § 1308, May 13, 2002, 116 Stat. 178

    Enacted provision · exact public law section
    SEC. 1308. MISCELLANEOUS PROVISIONS. (a) Mandatory Inspection.— All peanuts marketed in the United States shall be officially inspected and graded by Federal or Federal-State inspectors. (b) Termination of Peanut Administrative Committee.— The Peanut Administrative Committee established under Marketing Agreement No. 146 issued pursuant to the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is terminated. (c) Peanut Standards Board.— (1) Establishment and purpose.— The Secretary shall establish a Peanut Standards Board for the purpose of advising the Secretary regarding the establishment of quality and handling standards for domestically produced and imported peanuts. (2) Membership and appointment.— (A) Total members.— The Board shall consist of 18 members, with representation equally divided between peanut producers and peanut industry representatives. (B) Appointment process for producers.— The Secretary shall appoint— (i) 3 producers from the Southeast (Alabama, Georgia, and Florida) peanut producing region; (ii) 3 producers from the Southwest (Texas, Oklahoma, and New Mexico) peanut producing region; and (iii) 3 producers from the Virginia/Carolina (Virginia and North Carolina) peanut producing region. (C) Appointment process for industry representatives.— The Secretary shall appoint 3 peanut industry representatives from each of the 3 peanut producing regions in the United States. (3) Terms.— (A) In general.— A member of the Board shall serve a 3-year term. (B) Initial appointment.— In making the initial appointments to the Board, the Secretary shall stagger the terms of the members so that— (i) 1 producer member and peanut industry member from each peanut producing region serves a 1-year term; (ii) 1 producer member and peanut industry member from each peanut producing region serves a 2-year term; and (iii) 1 producer member and peanut industry member from each peanut producing region serves a 3-year term. (4) Consultation required.— The Secretary shall consult with the Board in advance whenever the Secretary establishes or changes, or considers the establishment of or a change to, quality and handling standards for peanuts. (5) Federal advisory committee act.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. (d) Priority.— The Secretary shall make identifying and combating the presence of all quality concerns related to peanuts a priority in the development of quality and handling standards for peanuts and in the inspection of domestically produced and imported peanuts. The Secretary shall consult with appropriate Federal and State agencies to provide adequate safeguards against all quality concerns related to peanuts. (e) Consistent Standards.— Imported peanuts shall be subject to the same quality and handling standards as apply to domestically produced peanuts. (f) Authorization of Appropriations.— (1) In general.— In addition to other funds that are available to carry out this section, there is authorized to be appropriated such sums as are necessary to carry out this section. (2) Treatment of board expenses.— The expenses of the Peanut Standards Board shall not be counted toward any general limitation on the expenses of advisory committees, panels, commissions, and task forces of the Department of Agriculture, whether enacted before, on, or after the date of enactment of this Act, unless the limitation specifically refers to this paragraph and specifically includes the Peanut Standards Board within the general limitation. (g) Transition Rule.— (1) Temporary designation of peanut administrative committee members.— Notwithstanding the appointment process specified in subsection (c) for the Peanut Standards Board, during the transition period, the Secretary may designate persons serving as members of the Peanut Administrative Committee on the day before the date of enactment of this Act to serve as members of the Peanut Standards Board for the purpose of carrying out the duties of the Board described in this section. (2) Funds.— The Secretary may transfer any funds available to carry out the activities of the Peanut Administrative Committee to the Peanut Standards Board to carry out the duties of the Board described in this section. (3) Transition period.— In paragraph (1), the term “transition period” means the period beginning on the date of enactment of this Act and ending on the earlier of— (A) the date the Secretary appoints the members of the Peanut Standards Board pursuant to subsection (c); or (B) 180 days after the date of enactment of this Act. (h) Effective Date.— This section shall take effect with the 2002 crop of peanuts.

  2. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title XII § 12517 · 132 Stat. 4490

    Substituted · 7 U.S.C. § 7958(c)(2)(B)(iii)

    Pub. L. 115–334 substituted “Virginia, North Carolina, and South Carolina” for “Virginia and North Carolina”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B)(iii). Pub. L. 115–334 substituted “Virginia, North Carolina, and South Carolina” for “Virginia and North Carolina”.

    Enacted provision · exact public law section
    SEC. 12517. SOUTH CAROLINA INCLUSION IN VIRGINIA/CAROLINA PEANUT PRODUCING REGION.   Section 1308(c)(2)(B)(iii) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by striking “Virginia and North Carolina” and inserting “Virginia, North Carolina, and South Carolina”.

  3. Pub. L. 117–286 § 4(a)(41) · 136 Stat. 4196

    1. Substituted · 7 U.S.C. § 7958(c)(5)

      Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in text

    2. Substituted · 7 U.S.C. § 7958(c)(5)

      Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

    Enacted provision · exact public law section
    (41) Section 1308(c)(5) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7958(c)(5)) is amended— (A) in the paragraph heading, by striking “Federal advisory committee act” and inserting “Chapter 10 of title 5, united states code”; and (B) in text, by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5, United States Code,”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

References in Text

The Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, referred to in subsec. (b), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, which is classified generally to chapter 26 (§ 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables.

Amendments

Subsec. (c)(5). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

2018—Subsec. (c)(2)(B)(iii). Pub. L. 115–334 substituted “Virginia, North Carolina, and South Carolina” for “Virginia and North Carolina”.

Credits

2002–2022 · 3 acts
  1. 2002Pub. L. 107–171, title I, § 1308, , 116 Stat. 178
  2. 2018Pub. L. 115–334, title XII, § 12517, , 132 Stat. 5000
  3. 2022Pub. L. 117–286, § 4(a)(41), , 136 Stat. 4309.
Show as published

(Pub. L. 107–171, title I, § 1308, , 116 Stat. 178; Pub. L. 115–334, title XII, § 12517, , 132 Stat. 5000; Pub. L. 117–286, § 4(a)(41), , 136 Stat. 4309.)

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