Title 7 — Agriculture
Chapter 113 — Agricultural Commodity Support Programs
§ 8790. Signature authority
Statutory text
In general
In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature.
Affirmation
In general
Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a).
No retroactive effect
A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers—
relied on the prior approval by the Secretary of the documents in good faith; and
substantively complied with all program requirements 1
Footnotes
- 1 So in original. Probably should be followed by a period.
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. 110–234 title I § 1617 · 122 Stat. 923
Enacted · 7 U.S.C. § 8790
Pub. L. 110–234, title I, § 1617, May 22, 2008, 122 Stat. 1021
Source evidence
Code source credit
Pub. L. 110–234, title I, § 1617, May 22, 2008, 122 Stat. 1021Enacted provision · exact public law section
SEC. 1617. SIGNATURE AUTHORITY. (a) In General.— In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature. (b) Affirmation.— (1) In general.— Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a). (2) No retroactive effect.— A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers— (A) relied on the prior approval by the Secretary of the documents in good faith; and (B) substantively complied with all program requirements
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This title and title II, referred to in subsec. (a), are titles I and II of Pub. L. 110–246, , 122 Stat. 1664, 1753, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of titles I and II to the Code, see Tables.
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Enactment 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 a note under section 8701 of this title.
Credits
2008 · 2 acts
- 2008Pub. L. 110–234, title I, § 1617, , 122 Stat. 1021
- 2008Pub. L. 110–246, § 4(a), title I, § 1617, , 122 Stat. 1664, 1750.
Show as published
(Pub. L. 110–234, title I, § 1617, , 122 Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1617, , 122 Stat. 1664, 1750.)