(Aug. 9, 1939, ch. 615, title IV, § 416, 53 Stat. 1289.) EFFECTIVE DATE See section 1610 of this title. § 1607. Cooperation with other governmental agencies The Secretary of Agriculture is authorized to cooperate with any other department or agency of the Federal Government; or with any State, Territory, District, or possession, or department, agency, or political subdivision thereof; or with any producing, trading, or consuming organization, whether operating in one or more jurisdictions, in carrying out the provisions of this chapter. (Aug. 9, 1939, ch. 615, title IV, § 417, 53 Stat. 1289.) EFFECTIVE DATE See section 1610 of this title. § 1608. Separability of provisions If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provisions to other persons or circumstances, shall not be affected thereby. (Aug. 9, 1939, ch. 615, title IV, § 418, 53 Stat. 1290.) EFFECTIVE DATE See section 1610 of this title. § 1609. Repeals Sections 111 to 116 of this title are repealed on the one hundred and eightieth day after August 9, 1939: Provided, however, That the notices with respect to imported alfalfa and red clover seed promulgated by the Secretary of Agriculture under the authority of sections 111 to 116 of this title, and in effect on August 9, 1939, shall remain with the same full force and effect as if promulgated under this chapter. (Aug. 9, 1939, ch. 615, title IV, § 419, 53 Stat. 1290.) EFFECTIVE DATE See section 1610 of this title. § 1610. Effective date This chapter shall take effect as follows: As to agricultural seeds, and the importation of vegetable seeds, on the one hundred and eightieth day after August 9, 1939; as to vegetable seeds in interstate commerce, one year after August 9, 1939; and as to sections 1591 to 1593 of this title, on August 9, 1939. (Aug. 9, 1939, ch. 615, title IV, § 420, 53 Stat. 1290.) SUBCHAPTER V-SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY § 1611. Illegal sales of uncertified seed It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act [7 U.S.C. 2321 et seq.] specifies sale only as a class of certified seed: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety. (Aug. 9, 1939, ch. 615, title V, § 501, as added Dec. 24, 1970, Pub. L. 91-577, title III, § 142(a), 84 Stat. 1558, and amended Dec. 22, 1981, Pub. L. 97-98, title XI, § 1118, 95 Stat. 1272.) (d) Elimination of artificial barriers to free movement. (e) Development of new markets. (f) Increasing consumer education. (g) Collection and dissemination of marketing information. (h) Inspection and certification of products in interstate commerce; certificates as evidence; penalties. (i) Development of facilities for assembling, processing, transporting, etc. (j) Improvement of transportation facilities and rates. (k) Collection and dissemination of marketing statistics. (1) Development of procurement standards and specifications. (m) Promotion of research for handling, storing, preserving, etc. (n) General research, services, and activities. Sec. 1623. 1623a. 1624. 1625. 1626. 1627. 1628. 1629. 1630. Authorization of appropriations; allotments to States. Minimum sum for contracting. Cooperation with Government and State agencies, private research organizations, etc.; rules and regulations. Transfer and consolidation of functions, powers, bureaus, etc. Definitions. Appointment of personnel; compensation; employment of specialists. Repealed. Establishment of committees to assist in re- CHAPTER REFERRED TO IN OTHER SECTIONS § 1621. Congressional declaration of purpose; use of existing facilities; cooperation with States The Congress declares that a sound, efficient, and privately operated system for distributing and marketing agricultural products is essential to a prosperous agriculture and is indispensable to the maintenance of full employment and to the welfare, prosperity, and health of the Nation. It is further declared to be the policy of Congress to promote through research, study, experimentation, and through cooperation among Federal and State agencies, farm organizations, and private industry a scientific approach to the problems of marketing, transportation, and distribution of agricultural products similar to the scientific methods which have been utilized so successfully during the past eighty-four years in connection with the production of agricultural products so that such products capable of being produced in abundance may be marketed in an orderly manner and efficiently distributed. In order to attain these objectives, it is the intent of Congress to provide for (1) continuous research to improve the marketing, handling, storage, processing, transportation, and distribution of agricultural products; (2) cooperation among Federal and State agencies, producers, industry organizations, and others in the development and effectuation of research and marketing programs to improve the distribution processes; (3) an integrated administration of all laws enacted by Congress to aid the distribution of agricultural products through research, market aids and services, and regulatory activities, to the end that marketing methods and facilities may be improved, that distribution costs may be reduced and the price spread between the producer and consumer may be narrowed, that dietary and nutritional standards may be improved, that new and wider markets for American agricultural products may be developed, both in the United States and in other countries, with a view to making it possible for the full production of American farms to be disposed of usefully, economically, profitably, and in an orderly manner. In effectuating the purposes of this chapter, maximum use shall be made of existing research facilities owned or controlled by the Federal Government or by State agricultural experiment stations and of the facilities of the Federal and State extension services. To the maximum extent practicable marketing re search work done under this chapter in cooperation with the States shall be done in cooperation with the State agricultural experiment stations; marketing educational and demonstrational work done under this chapter in cooperation with the States shall be done in cooperation with the State agricultural extension service; market information, inspection, regulatory work and other marketing service done under this chapter in cooperation with the State agencies shall be done in cooperation with the State departments of agriculture, and State bureaus and departments of markets. (Aug. 14, 1946, ch. 966, title II, § 202, 60 Stat. 1087.) SHORT TITLE Section 201 of act Aug. 14, 1946, provided that: "This title [enacting this chapter] may be cited as the ‘Agricultural Marketing Act of 1946'." TRANSFER OF FUNCTIONS All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. NATIONAL COMMISSION ON FOOD MARKETING Pub. L. 88-354, July 3, 1964, 78 Stat. 269, as amended by Pub. L. 89-20, May 15, 1965, 79 Stat. 111, provided for the establishment of a bipartisan National Commission on Food Marketing composed of fifteen members, five from the Senate, five from the House of Representatives and five from outside the federal government, to study and appraise the marketing structure of the food industry and to make a final report of its findings and conclusions to the President and to the Congress by July 1, 1966. The Commission ceased to exist ninety days after submission of its final report. CROSS REFERENCES Marketing of agricultural products, cooperation with state agencies in administration and enforcement of laws relating to, see section 450 of this title. Poultry and poultry products inspection, see section 451 et seq. of Title 21, Food and Drugs. § 1622. Duties of Secretary relating to agricultural products The Secretary of Agriculture is directed and authorized: (a) Determination of methods of processing, packaging, marketing, etc.; publication of results To conduct, assist, and foster research, investigation, and experimentation to determine the best methods of processing, preparation for market, packaging, handling, transporting, storing, distributing, and marketing agricultural products: Provided, That the results of such research shall be made available to the public for the purpose of expanding the use of American agricultural products in such manner as the Secretary of Agriculture may determine. (b) Determination of costs To determine costs of marketing agricultural products in their various forms and through the various channels and to foster and assist in the development and establishment of more ef ficient marketing methods (including analyses of methods and proposed methods), practices, and facilities, for the purpose of bringing about more efficient and orderly marketing, and reducing the price spread between the producer and the consumer. (c) Improvement of standards of quality, condition, etc.; standard of quality for ice cream To develop and improve standards of quality, condition, quantity, grade, and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices. Within thirty days after September 29, 1977, the Secretary shall by regulation adopt a standard of quality for ice cream which shall provide that ice cream shall contain at least 1.6 pounds of total solids to the gallon, weigh not less than 4.5 pounds to the gallon and contain not less than 20 percent total milk solids, constituted of not less than 10 percent milkfat. In no case shall the content of milk solids not fat be less than 6 percent. Whey shall not, by weight, be more than 25 percent of the milk solids not fat. Only those products which meet the standard issued by the Secretary may bear a symbol thereon indicating that they meet the Department of Agriculture standard for "ice cream". (d) Elimination of artificial barriers to free movement To conduct, assist, foster, and direct studies and informational programs designed to eliminate artificial barriers to the free movement of agricultural products. (e) Development of new markets To foster and assist in the development of new or expanded markets (domestic and foreign) and new and expanded uses and in the moving of larger quantities of agricultural products through the private marketing system to consumers in the United States and abroad. (f) Increasing consumer education To conduct and cooperate in consumer education for the more effective utilization and greater consumption of agricultural products: Provided, That no money appropriated under the authority of this chapter shall be used to pay for newspaper or periodical advertising space or radio time in carrying out the purposes of this section and subsection (e) of this section. (g) Collection and dissemination of marketing information To collect and disseminate marketing information, including adequate outlook information on a market-area basis, for the purpose of anticipating and meeting consumer requirements, aiding in the maintenance of farm income, and bringing about a balance between production and utilization of agricultural products. (h) Inspection and certification of products in interstate commerce; certificates as evidence; penalties To inspect, certify, and identify the class, quality, quantity, and condition of agricultural products when shipped or received in interstate commerce, under such rules and regulations as the Secretary of Agriculture may prescribe, including assessment and collection of such fees as will be reasonable and as nearly as may be to cover the cost of the service rendered, to the end that agricultural products may be marketed to the best advantage, that trading may be facilitated, and that consumers may be able to obtain the quality product which they desire, except that no person shall be required to use the service authorized by this subsection. Any official certificate issued under the authority of this subsection shall be received by all officers and all courts of the United States as prima facie evidence of the truth of the statements therein contained. Whoever knowingly shall falsely make, issue, alter, forge, or counterfeit any official certificate, memorandum, mark, or other identification, or device for making such mark or identification, with respect to inspection, class, grade, quality, size, quantity, or condition, issued or authorized under this section or knowingly cause or procure, or aid, assist in, or be a party to, such false making, issuing, altering, forging, or counterfeiting, or whoever knowingly shall possess, without promptly notifying the Secretary of Agriculture or his representative, utter, publish, or use as true, or cause to be uttered, published, or used as true, any such falsely made, altered, forged, or counterfeited official certificate, memorandum, mark, identification, or device, or whoever knowingly represents that an agricultural product has been officially inspected or graded (by an authorized inspector or grader) under the authority of this section when such commodity has in fact not been so graded or inspected shall be fined not more than $1,000 or imprisoned not more than one year, or both. (i) Development of facilities for assembling, processing, transporting, etc. To determine the needs and develop or assist in the development of plans for efficient facilities and methods of operating such facilities for the proper assembly, processing, transportation, storage, distribution, and handling of agricultural products. (j) Improvement of transportation facilities and rates To assist in improving transportation services and facilities and in obtaining equitable and reasonable transportation rates and services and adequate transportation facilities for agricultural products and farm supplies by making complaint or petition to the Interstate Commerce Commission, the Maritime Commission, the Civil Aeronautics Board, or other Federal or State transportation regulatory body, or the Secretary of Transportation, with respect to rates, charges, tariffs, practices, and services, or by working directly with individual carriers or groups of carriers. (k) Collection and dissemination of marketing statistics To collect, tabulate, and disseminate statistics on marketing agricultural products, including, but not restricted to statistics on market supplies, storage stocks, quantity, quality, and condition of such products in various positions in the marketing channel, utilization of such products, and shipments and unloads thereof. (2) Development of procurement standards and specifications To develop and promulgate, for the use and at the request of any Federal agency or State, procurement standards and specifications for agricultural products, and submit such standards and specifications to such agency or State for use or adoption for procurement purposes. (m) Promotion of research for handling, storing, preserving, etc. To conduct, assist, encourage, and promote research, investigation, and experimentation to determine the most efficient and practical means, methods, and processes for the handling, storing, preserving, protecting, processing, and distributing of agricultural commodities to the end that such commodities may be marketed in an orderly manner and to the best interest of the producers thereof. (n) General research, services, and activities To conduct such other research and services and to perform such other activities as will facilitate the marketing, distribution, processing, and utilization of agricultural products through commercial channels. (Aug. 14, 1946, ch. 966, title II, § 203, 60 Stat. 1087; Aug. 9, 1955, ch. 632, § 1, 69 Stat. 553; Sept. 29, 1977, Pub. L. 95-113, title II, § 206, 91 Stat. 920; Aug. 6, 1981, Pub. L. 97-31, § 12(2), 95 Stat. 153.) Section 304 of 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5, Government Organization and Employees, abolished the Federal Maritime Board, including the offices of the members of the Board. Functions of the Board were transferred either to the Federal Maritime Commission or to the Secretary of Commerce by sections 103 and 202 of 1961 Reorg. Plan No. 7. The United States Maritime Commission was abolished by 1950 Reorg. Plan No. 21, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix of Title 5, Government Organization and Employees, which transferred part of its functions and part of the functions of its Chairman to the Federal Maritime Board and the Chairman thereof, such Board having created by that Plan as an agency within the Department of Commerce with an independent status in some respects, and transferred the remainder of such Commission's functions and the functions of its Chairman to the Secretary of Commerce, with power vested in the Secretary to authorize their performance by the Maritime Administrator, the head of the Maritime Administration, which likewise was established by the Plan in the Department of Commerce with the provision that the chairman of said Federal Maritime Board should, ex officio, be such Administrator. All executive and administrative functions of the Maritime Commission were transferred to the Chairman of the Maritime Commission by 1949 Reorg. Plan No. 6, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1069, set out in the Appendix to Title 5. All functions, powers, and duties of the Civil Aeronautics Board and of the chairman, members, officers, and offices under titles VI and VII of the Federal Aviation Act of 1958, as amended, [49 U.S.C. §§ 1421 et seq. and 1441 et seq.] were transferred to the National Transportation Safety Board by Pub. L. 89-670, § 6, Oct. 15, 1966, 80 Stat. 937. See section 1655(d) of Title 49, Transportation. EXCEPTION FROM TRANSFER OF FUNCTIONS Functions of the Civil Aeronautics Board, referred to in this section, were not included in the functions of officers, agencies and employees of the Department of Commerce which were transferred to the Secretary of Commerce by 1950 Reorg. Plan No. 5, § 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employ ees. CROSS REFERENCES Investigation of quality and condition of produce received in interstate commerce, see section 499n of this title. Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 474. § 1623. Authorization of appropriations; allotments to States (a) In order to conduct research and service work in connection with the preparation for market, processing, packaging, handling, storing, transporting, distributing, and marketing of agricultural products as authorized by this chapter, there is hereby authorized to be appropriated the following sums: (1) $2,500,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year. (2) An additional $2,500,000 for the fiscal year ending June 30, 1948, and each subsequent fiscal year. (3) An additional $5,000,000 for the fiscal year ending June 30, 1949, and each subsequent fiscal year. (4) An additional $5,000,000 for the fiscal year ending June 30, 1950, and each subsequent fiscal year. (5) An additional $5,000,000 for the fiscal year ending June 30, 1951, and each subsequent fiscal year. (6) In addition to the foregoing, such additional funds beginning with the fiscal year ending June 30, 1952, and thereafter, as the Congress may deem necessary. Such sums appropriated in pursuance of this chapter shall be in addition to, and not in substitution for, sums appropriated or otherwise made available to the Department of Agriculture. (b) The Secretary of Agriculture is authorized to make available from such funds such sums as he may deem appropriate for allotment to State departments of agriculture, State bureaus and departments of markets, State agricultural experiment stations, and other appropriate State agencies for cooperative projects in marketing service and in marketing research to effectuate the purposes of this chapter: Provided, That no such allotment and no payment under any such allotment shall be made for any fiscal year to any State agency in excess of the amount which such State agency makes available out of its own funds for such research. The funds which State agencies are required to make available in order to qualify for such an allotment shall be in addition to any funds now available to such agencies for marketing services and for marketing research. The allotments authorized under this section shall be made to the agency or agencies best equipped and qualified to conduct the specific project to be undertaken. Such allotments shall be covered by cooperative agreements between the Secretary of Agriculture and the cooperating agency and shall include appropriate provisions for preventing duplication or overlapping of work within the State or States cooperating. Should duplication or overlapping occur subsequent to approval of a cooperative project or allotment of funds, the Secretary of Agriculture is authorized and directed to withhold unexpended balances on such projects notwithstanding the prior approval thereof. (Aug. 14, 1946, ch. 966, title II, § 204, 60 Stat. 1089.) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1982, 1983, AND 1984 Pub. L. 97-35, title I, § 120, Aug. 13, 1981, 95 Stat. 367, provided in part that, notwithstanding any other provision of law, there was authorized to be appropriated for payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)) not to exceed: $1,571,000 for fiscal year 1982, $1,651,000 for fiscal year 1983, and $1,723,000 for fiscal year 1984. FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED FISCAL YEAR Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed fiscal year for purposes of subsec. (b) of this section, see section 201(2) of Pub. L. 94-274, set out as a note under section 343 of this title. § 1623a. Minimum sum for contracting Not less than $1,500,000 of the appropriations of the Department of Agriculture for research and service work authorized by this chapter and sections 427 and 427i(e) of this title, and sections 1891 and 1892 of title 42, shall be available for contracting in accordance with this chapter and sections 427 and 4271(e) of this title, and sections 1891, 1892 of title 42. (Dec. 18, 1982, Pub. L. 97-370, title VI, § 604, 96 Stat. 1810.) REFERENCES IN TEXT Sections 1891 and 1892 of title 42, referred to in text, were repealed by Pub. L. 95-224, § 10(a), Feb. 3, 1978, 92 Stat. 6, effective one year after Feb. 3, 1978. CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Agricultural Marketing Act of 1946 which comprises this chapter. SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Dec. 23, 1981, Pub. L. 97-103, title VI, § 604, 95 Stat. 1487. Dec. 15, 1980, Pub. L. 96-528, title VI, § 604, 94 Stat. 3116. Nov. 9, 1979, Pub. L. 96-108, title VI, § 603, 93 Stat. 840. Oct. 11, 1978, Pub. L. 95-448, title VI, § 603, 92 Stat. 1092. Aug. 12, 1977, Pub. L. 95-97, title VI, § 603, 91 Stat. 828. July 12, 1976, Pub. L. 94-351, title VI, § 603, 90 Stat. 868. · Oct. 21, 1975, Pub. L. 94-122, title VI, § 605, 89 Stat. 667. Dec. 31, 1974, Pub. L. 93-563, title V, § 505, 88 Stat. 1842. Oct. 24, 1973, Pub. L. 93-135, title V, § 506, 87 Stat. 490. Aug. 22, 1972, Pub. L. 92-399, title V, § 506, 86 Stat. 611. Aug. 10, 1971, Pub. L. 92-73, title V, § 506, 85 Stat. 201. Dec. 22, 1970, Pub. L. 91-566, title V, § 506, 84 Stat. 1496. Nov. 26, 1969, Pub. L. 91-127, title V, § 506, 83 Stat. 260. Aug. 8, 1968, Pub. L. 90-463, title V, § 506, 82 Stat. 653. Oct. 24, 1967, Pub. L. 90-113, title V, § 506, 81 Stat. 335. Sept. 7, 1966, Pub. L. 89-556, title V, § 506, 80 Stat. 704. Nov. 2, 1965, Pub. L. 89-316, title V, § 506, 79 Stat. 1179. Sept. 2, 1964, Pub. L. 88-573, title V, § 506, 78 Stat. 876. Dec. 30, 1963, Pub. L. 88-250, title VI, § 606, 77 Stat. 833. Oct. 24, 1962, Pub. L. 87-879, title VI, § 606, 76 Stat. 1215. July 26, 1961, Pub. L. 87-112, title V, § 506, 75 Stat. 241. June 29, 1960, Pub. L. 86-532, title IV, § 406, 74 Stat. 244. July 8, 1959, Pub. L. 86-80, title IV, § 406, 73 Stat. 180. June 13, 1958, Pub. L. 86-459, title IV, § 406, 72 Stat. 299. Aug. 2, 1957, Pub. L. 85-118, title V, § 506, 71 Stat. 340. June 4, 1956, ch. 355, Title V, § 506, 70 Stat. 241. § 1624. Cooperation with Government and State agencies, private research organizations, etc.; rules and regulations (a) In carrying out the provisions of this chapter, the Secretary of Agriculture may cooperate with other branches of the Government, State agencies, private research organizations, purchasing and consuming organizations, boards of trade, chambers of commerce, other associations of business or trade organizations, transportation and storage agencies and organizations, or other persons or corporations engaged in the production, transportation, stor |