---
kind: "section"
citation: "7 U.S.C. § 1291"
title: "7"
title_heading: "Agriculture"
number: "1291"
heading: "Adjustments in freight rates"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/1291"
units:
  - "Chapter 35 — Agricultural Adjustment Act of 1938"
  - "Subchapter I — Adjustment in Freight Rates, New Uses and Markets, and Disposition of Surpluses"
---

# §1291. Adjustments in freight rates

- (a) **Complaints by Secretary of Agriculture; notice of hearings—** The [Secretary](/usc/7/1301.md?p=a-7) of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any [person](/usc/7/1301.md?p=a-8) other than the [Secretary](/usc/7/1301.md?p=a-7)) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the [Secretary](/usc/7/1301.md?p=a-7) to be notified, and, upon application by the [Secretary](/usc/7/1301.md?p=a-7), shall permit the [Secretary](/usc/7/1301.md?p=a-7) to appear and be heard.
- (b) **Secretary as party to proceedings—** If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the [Secretary](/usc/7/1301.md?p=a-7), the Board shall make the [Secretary](/usc/7/1301.md?p=a-7) a party to the proceeding. In such case the [Secretary](/usc/7/1301.md?p=a-7) shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board’s determination. The liability of the [Secretary](/usc/7/1301.md?p=a-7) in any such case shall extend only to liability for court costs.
- (c) **Utilization of records, services, etc., of Department of Agriculture—** For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the [Department](/usc/7/1301.md?p=a-7) of Agriculture.
- (d) **Cooperation with complaining farm associations—** The [Secretary](/usc/7/1301.md?p=a-7) is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.

## Source credit

(Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36; Pub. L. 104–88, title III, § 311, Dec. 29, 1995, 109 Stat. 948.)

## Notes

### Editorial Notes

### Amendments

1995—Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” in subsecs. (a), (c), and (d), “Board” for “Commission” wherever appearing in subsecs. (a) and (b), and “Board’s” for “Commission’s” in subsec. (b).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.