§ 7958. Miscellaneous provisions

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(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 May 13, 2002, 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 May 13, 2002, 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 May 13, 2002, 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 May 13, 2002.

(h)Effective date This section shall take effect with the 2002 crop of peanuts.

(Pub. L. 107–171, title I, § 1308, May 13, 2002, 116 Stat. 178; Pub. L. 115–334, title XII, § 12517, Dec. 20, 2018, 132 Stat. 5000; Pub. L. 117–286, § 4(a)(41), Dec. 27, 2022, 136 Stat. 4309.)

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public-private-law

U.S. Code

§ 7959
Termination of marketing quota programs for peanuts and compensation to peanut quota holders for loss of quota asset value

statutes-at-large

statute-compilations

bill

Traces to 3 documents

U.S. Code

Declaration of conditions
§ 601

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6 references not yet in our index

Pub. L. 107–171, title I, § 1308
116 Stat. 178
132 Stat. 5000
136 Stat. 4309
act May 12, 1933, ch. 25
48 Stat. 31

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cites case law

§ 7958

Miscellaneous provisions

Fed. Reg.×45

Bills×14

Stat.×3

Pub. L.×2

Stat. Comp.×2

U.S.C.×1

U.S.C.§ 601

Pub. L.Public Law 115-334

Pub. L.Public Law 117-286

Pub. L.Pub. L. 107–171, title I, § 1308

Stat.116 Stat. 178

Stat.132 Stat. 5000

Stat.136 Stat. 4309

Actact May 12, 1933, ch. 25

Cites 9 · showing 8Cited by 67 across 6 sources