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Title 7 — Agriculture

Chapter 113 — Agricultural Commodity Support Programs

§ 8790. Signature authority

Statutory text

(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

Footnotes

  1. 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.

  1. 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. 1021

    Enacted 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

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
  1. 2008Pub. L. 110–234, title I, § 1617, , 122 Stat. 1021
  2. 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.)

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USLM identifier /us/usc/t7/s8790