§198. Definitions — Inbound Citations

Citations to §198(1)

• 7 U.S.C. § 1a(12)(B)(vi)

  Go to provision →
  (vi) any contract market or derivatives transaction execution facility; and
• 7 U.S.C. § 1a(15)(B)(iii)

  Go to provision →
  (iii) settlement, netting, or novation of obligations resulting from a sale of a commodity in a transaction in the spot market for the commodity.
• 7 U.S.C. § 1a(17)(A)(iii)

  Go to provision →
  (iii) is a dealer that regularly provides risk management or hedging services to, or engages in market-making activities with, the foregoing entities involving transactions to purchase or sell the commodity or derivative agreements, contracts, or transactions in the commodity;
• 7 U.S.C. § 1a(19)(ii)(II)

  Go to provision →
  (II) based solely on one or more commodities that have no cash market;
• 7 U.S.C. § 1a(22)(A)(i)

  Go to provision →
  (i) who, in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged, shall purchase or sell for any other person—

  (I) any commodity for future delivery, security futures product, or swap; or

  (II) any commodity option authorized under section 6c of this title; or
• 7 U.S.C. § 1a(22)(B)

  Go to provision →
  (B) The Commission, by rule or regulation, may include within, or exclude from, the term “floor broker” any person in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged who trades for any other person if the Commission determines that the rule or regulation will effectuate the purposes of this chapter.
• 7 U.S.C. § 1a(23)(A)(i)

  Go to provision →
  (i) who, in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged, purchases, or sells solely for such person’s own account—

  (I) any commodity for future delivery, security futures product, or swap; or

  (II) any commodity option authorized under section 6c of this title; or
• 7 U.S.C. § 1a(23)(B)

  Go to provision →
  (B) The Commission, by rule or regulation, may include within, or exclude from, the term “floor trader” any person in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged who trades solely for such person’s own account if the Commission determines that the rule or regulation will effectuate the purposes of this chapter.
• 7 U.S.C. § 1a(33)(A)(ii)

  Go to provision →
  (ii) whose outstanding swaps create substantial counterparty exposure that could have serious adverse effects on the financial stability of the United States banking system or financial markets; or
• 7 U.S.C. § 1a(34)

  Go to provision →
  (34) The term “member” means, with respect to a registered entity or derivatives transaction execution facility, an individual, association, partnership, corporation, or trust—

  (A) owning or holding membership in, or admitted to membership representation on, the registered entity or derivatives transaction execution facility; or

  (B) having trading privileges on the registered entity or derivatives transaction execution facility.

  A participant in an alternative trading system that is designated as a contract market pursuant to section 7b–1 of this title is deemed a member of the contract market for purposes of transactions in security futures products through the contract market.
• 7 U.S.C. § 1a(35)(B)(i)(III)(bb)

  Go to provision →
  (bb) one of 750 securities with the largest market capitalization; and
• 7 U.S.C. § 1a(35)(B)(ii)

  Go to provision →
  (ii) a board of trade was designated as a contract market by the Commodity Futures Trading Commission with respect to a contract of sale for future delivery on the index, before December 21, 2000;
• 7 U.S.C. § 1a(35)(B)(iii)(I)

  Go to provision →
  (I) a contract of sale for future delivery on the index traded on a designated contract market or registered derivatives transaction execution facility for at least 30 days as a contract of sale for future delivery on an index that was not a narrow-based security index; and
• 7 U.S.C. § 1a(35)(E)(i)

  Go to provision →
  (i) the dollar value of average daily trading volume and the market capitalization shall be calculated as of the preceding 6 full calendar months; and
• 7 U.S.C. § 1a(35)(E)(ii)

  Go to provision →
  (ii) the Commission and the Securities and Exchange Commission shall, by rule or regulation, jointly specify the method to be used to determine market capitalization and dollar value of average daily trading volume.
• 7 U.S.C. § 1a(40)(A)

  Go to provision →
  (A) a board of trade designated as a contract market under section 7 of this title;
• 7 U.S.C. § 1a(40)(C)

  Go to provision →
  (C) a board of trade designated as a contract market under section 7b–1 of this title;
• 7 U.S.C. § 1a(47)(F)(i)

  Go to provision →
  (i) Any foreign exchange swap and any foreign exchange forward that is listed and traded on or subject to the rules of a designated contract market or a swap execution facility, or that is cleared by a derivatives clearing organization, shall not be exempt from any provision of this chapter or amendments made by the Wall Street Transparency and Accountability Act of 2010 prohibiting fraud or manipulation.
• 7 U.S.C. § 1a(49)(A)(ii)

  Go to provision →
  (ii) makes a market in swaps;
• 7 U.S.C. § 1a(49)(A)(iv)

  Go to provision →
  (iv) engages in any activity causing the person to be commonly known in the trade as a dealer or market maker in swaps,
• 7 U.S.C. § 1a(50)(B)

  Go to provision →
  (B) is not a designated contract market.
• 7 U.S.C. § 1b(a)(3)

  Go to provision →
  (3) the extent to which bank regulators of participants in the foreign exchange market provide adequate supervision, including capital and margin requirements;
• 7 U.S.C. § 1b(c)

  Go to provision →
  (c) A determination by the Secretary under subsection (b) shall not exempt any foreign exchange swaps and foreign exchange forwards traded on a designated contract market or swap execution facility from any applicable antifraud and antimanipulation provision under this chapter.¹
• 7 U.S.C. § 2(a)(1)(A)

  Go to provision →
  (A) The Commission shall have exclusive jurisdiction, except to the extent otherwise provided in the Wall Street Transparency and Accountability Act of 2010 (including an amendment made by that Act) and subparagraphs (C), (D), and (I) of this paragraph and subsections (c) and (f), with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an “option”, “privilege”, “indemnity”, “bid”, “offer”, “put”, “call”, “advance guaranty”, or “decline guaranty”), and transactions involving swaps or contracts of sale of a commodity for future delivery (including significant price discovery contracts), traded or executed on a contract market designated pursuant to section 7 of this title or a swap execution facility pursuant to section 7b–3 of this title or any other board of trade, exchange, or market, and transactions subject to regulation by the Commission pursuant to section 23 of this title. Except as hereinabove provided, nothing contained in this section shall (I) supersede or limit the jurisdiction at any time conferred on the Securities and Exchange Commission or other regulatory authorities under the laws of the United States or of any State, or (II) restrict the Securities and Exchange Commission and such other authorities from carrying out their duties and responsibilities in accordance with such laws. Nothing in this section shall supersede or limit the jurisdiction conferred on courts of the United States or any State.
• 7 U.S.C. § 2(a)(1)(C)(i)(I)

  Go to provision →
  (I) Except as provided in subclause (II), this chapter shall not apply to and the Commission shall have no jurisdiction to designate a board of trade as a contract market for any transaction whereby any party to such transaction acquires any put, call, or other option on one or more securities (as defined in section 77b(1)¹ of title 15 or section 3(a)(10) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(10)] on January 11, 1983), including any group or index of such securities, or any interest therein or based on the value thereof.
• 7 U.S.C. § 2(a)(1)(C)(ii)

  Go to provision →
  (ii) This chapter shall apply to and the Commission shall have exclusive jurisdiction with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an “option”, “privilege”, “indemnity”, “bid”, “offer”, “put”, “call”, “advance guaranty”, or “decline guaranty”) and transactions involving, and may designate a board of trade as a contract market in, or register a derivatives transaction execution facility that trades or executes, contracts of sale (or options on such contracts) for future delivery of a group or index of securities (or any interest therein or based upon the value thereof): Provided, however, That no board of trade shall be designated as a contract market with respect to any such contracts of sale (or options on such contracts) for future delivery, and no derivatives transaction execution facility shall trade or execute such contracts of sale (or options on such contracts) for future delivery, unless the board of trade or the derivatives transaction execution facility, and the applicable contract, meet the following minimum requirements:

  (I) Settlement of or delivery on such contract (or option on such contract) shall be effected in cash or by means other than the transfer or receipt of any security, except an exempted security under section 77c of title 15 or section 3(a)(12) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(12)] as in effect on January 11, 1983, (other than any municipal security, as defined in section 3(a)(29) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(29)] on January 11, 1983);

  (II) Trading in such contract (or option on such contract) shall not be readily susceptible to manipulation of the price of such contract (or option on such contract), nor to causing or being used in the manipulation of the price of any underlying security, option on such security or option on a group or index including such securities; and

  (III) Such group or index of securities shall not constitute a narrow-based security index.
• 7 U.S.C. § 2(a)(1)(C)(v)(I)

  Go to provision →
  (I) Notwithstanding any other provision of this chapter, any contract market in a stock index futures contract (or option thereon) other than a security futures product, or any derivatives transaction execution facility on which such contract or option is traded, shall file with the Board of Governors of the Federal Reserve System any rule establishing or changing the levels of margin (initial and maintenance) for such stock index futures contract (or option thereon) other than security futures products.
• 7 U.S.C. § 2(a)(1)(C)(v)(II)

  Go to provision →
  (II) The Board may at any time request any contract market or derivatives transaction execution facility to set the margin for any stock index futures contract (or option thereon), other than for any security futures product, at such levels as the Board in its judgment determines are appropriate to preserve the financial integrity of the contract market or derivatives transaction execution facility, or its clearing system, or to prevent systemic risk. If the contract market or derivatives transaction execution facility fails to do so within the time specified by the Board in its request, the Board may direct the contract market or derivatives transaction execution facility to alter or supplement the rules of the contract market or derivatives transaction execution facility as specified in the request.
• 7 U.S.C. § 2(a)(1)(C)(v)(V)

  Go to provision →
  (V) Nothing in this clause shall supersede or limit the authority granted to the Commission in section 12a(9) of this title to direct a contract market or registered derivatives transaction execution facility, on finding an emergency to exist, to raise temporary margin levels on any futures contract, or option on the contract covered by this clause, or on any security futures product.
• 7 U.S.C. § 2(a)(1)(C)(v)(VI)

  Go to provision →
  (VI) Any action taken by the Board, or by the Commission acting under the delegation of authority under subclause III,³ under this clause directing a contract market to alter or supplement a contract market rule shall be subject to review only in the Court of Appeals where the party seeking review resides or has its principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit. The review shall be based on the examination of all information before the Board or the Commission, as the case may be, at the time the determination was made. The court reviewing the action of the Board or the Commission shall not enter a stay or order of mandamus unless the court has determined, after notice and a hearing before a panel of the court, that the agency action complained of was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
• 7 U.S.C. § 2(a)(1)(D)(i)

  Go to provision →
  (i) Notwithstanding any other provision of this chapter, the Securities and Exchange Commission shall have jurisdiction and authority over security futures as defined in section 3(a)(55) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(55)], section 77b(a)(16) of title 15, section 80a–2(a)(52) of title 15, and section 80b–2(a)(27) of title 15, options on security futures, and persons effecting transactions in security futures and options thereon, and this chapter shall apply to and the Commission shall have jurisdiction with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an “option”, “privilege”, “indemnity”, “bid”, “offer”, “put”, “call”, “advance guaranty”, or “decline guaranty”), contracts, and transactions involving, and may designate a board of trade as a contract market in, or register a derivatives transaction execution facility that trades or executes, a security futures product as defined in section 1a of this title: Provided, however, That, except as provided in clause (vi) of this subparagraph, no board of trade shall be designated as a contract market with respect to, or registered as a derivatives transaction execution facility for, any such contracts of sale for future delivery unless the board of trade and the applicable contract meet the following criteria:

  (I) Except as otherwise provided in a rule, regulation, or order issued pursuant to clause (v) of this subparagraph, any security underlying the security future, including each component security of a narrow-based security index, is registered pursuant to section 12 of the Securities Exchange Act of 1934 [15 U.S.C. 78l].

  (II) If the security futures product is not cash settled, the board of trade on which the security futures product is traded has arrangements in place with a clearing agency registered pursuant to section 17A of the Securities Exchange Act of 1934 [15 U.S.C. 78q–1] for the payment and delivery of the securities underlying the security futures product.

  (III) Except as otherwise provided in a rule, regulation, or order issued pursuant to clause (v) of this subparagraph, the security future is based upon common stock and such other equity securities as the Commission and the Securities and Exchange Commission jointly determine appropriate.

  (IV) The security futures product is cleared by a clearing agency that has in place provisions for linked and coordinated clearing with other clearing agencies that clear security futures products, which permits the security futures product to be purchased on a designated contract market, registered derivatives transaction execution facility, national securities exchange registered under section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)], or national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] and offset on another designated contract market, registered derivatives transaction execution facility, national securities exchange registered under section 6(a) of the Securities Exchange Act of 1934, or national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934.

  (V) Only futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators or associated persons subject to suitability rules comparable to those of a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] solicit, accept any order for, or otherwise deal in any transaction in or in connection with the security futures product.

  (VI) The security futures product is subject to a prohibition against dual trading in section 6j of this title and the rules and regulations thereunder or the provisions of section 11(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78k(a)] and the rules and regulations thereunder, except to the extent otherwise permitted under the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.] and the rules and regulations thereunder.

  (VII) Trading in the security futures product is not readily susceptible to manipulation of the price of such security futures product, nor to causing or being used in the manipulation of the price of any underlying security, option on such security, or option on a group or index including such securities;

  (VIII) The board of trade on which the security futures product is traded has procedures in place for coordinated surveillance among such board of trade, any market on which any security underlying the security futures product is traded, and other markets on which any related security is traded to detect manipulation and insider trading, except that, if the board of trade is an alternative trading system, a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] or national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] of which such alternative trading system is a member has in place such procedures.

  (IX) The board of trade on which the security futures product is traded has in place audit trails necessary or appropriate to facilitate the coordinated surveillance required in subclause (VIII), except that, if the board of trade is an alternative trading system, a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] or national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] of which such alternative trading system is a member has rules to require such audit trails.

  (X) The board of trade on which the security futures product is traded has in place procedures to coordinate trading halts between such board of trade and markets on which any security underlying the security futures product is traded and other markets on which any related security is traded, except that, if the board of trade is an alternative trading system, a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] or national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] of which such alternative trading system is a member has rules to require such coordinated trading halts.

  (XI) The margin requirements for a security futures product comply with the regulations prescribed pursuant to section 7(c)(2)(B) of the Securities Exchange Act of 1934 [15 U.S.C. 78g(c)(2)(B)], except that nothing in this subclause shall be construed to prevent a board of trade from requiring higher margin levels for a security futures product when it deems such action to be necessary or appropriate.
• 7 U.S.C. § 2(a)(1)(D)(i)(IV)

  Go to provision →
  (IV) The security futures product is cleared by a clearing agency that has in place provisions for linked and coordinated clearing with other clearing agencies that clear security futures products, which permits the security futures product to be purchased on a designated contract market, registered derivatives transaction execution facility, national securities exchange registered under section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)], or national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] and offset on another designated contract market, registered derivatives transaction execution facility, national securities exchange registered under section 6(a) of the Securities Exchange Act of 1934, or national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934.
• 7 U.S.C. § 2(a)(1)(D)(i)(VIII)

  Go to provision →
  (VIII) The board of trade on which the security futures product is traded has procedures in place for coordinated surveillance among such board of trade, any market on which any security underlying the security futures product is traded, and other markets on which any related security is traded to detect manipulation and insider trading, except that, if the board of trade is an alternative trading system, a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] or national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] of which such alternative trading system is a member has in place such procedures.
• 7 U.S.C. § 2(a)(1)(D)(i)(X)

  Go to provision →
  (X) The board of trade on which the security futures product is traded has in place procedures to coordinate trading halts between such board of trade and markets on which any security underlying the security futures product is traded and other markets on which any related security is traded, except that, if the board of trade is an alternative trading system, a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] or national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] of which such alternative trading system is a member has rules to require such coordinated trading halts.
• 7 U.S.C. § 2(a)(1)(D)(ii)(I)(aa)

  Go to provision →
  (aa) has been designated by the Commission as a contract market in such security futures product; or
• 7 U.S.C. § 2(a)(1)(D)(ii)(II)

  Go to provision →
  (II) the contract is executed or consummated by, through, or with a member of the contract market or registered derivatives transaction execution facility; and
• 7 U.S.C. § 2(a)(1)(D)(ii)(III)

  Go to provision →
  (III) the security futures product is evidenced by a record in writing which shows the date, the parties to such security futures product and their addresses, the property covered, and its price, and each contract market member or registered derivatives transaction execution facility member shall keep the record for a period of 3 years from the date of the transaction, or for a longer period if the Commission so directs, which record shall at all times be open to the inspection of any duly authorized representative of the Commission.
• 7 U.S.C. § 2(a)(1)(D)(iv)(I)

  Go to provision →
  (I) All relevant records of a futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, associated person exempt from registration pursuant to section 6k(6) of this title, or board of trade designated as a contract market in a security futures product pursuant to section 7b–1 of this title shall be subject to such reasonable periodic or special examinations by representatives of the Commission as the Commission deems necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this chapter, and the Commission, before conducting any such examination, shall give notice to the Securities and Exchange Commission of the proposed examination and consult with the Securities and Exchange Commission concerning the feasibility and desirability of coordinating the examination with examinations conducted by the Securities and Exchange Commission in order to avoid unnecessary regulatory duplication or undue regulatory burdens for the registrant or board of trade.
• 7 U.S.C. § 2(a)(1)(D)(iv)(II)

  Go to provision →
  (II) The Commission shall notify the Securities and Exchange Commission of any examination conducted of any futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, associated person exempt from registration pursuant to section 6k(6) of this title, or board of trade designated as a contract market in a security futures product pursuant to section 7b–1 of this title, and, upon request, furnish to the Securities and Exchange Commission any examination report and data supplied to or prepared by the Commission in connection with the examination.
• 7 U.S.C. § 2(a)(1)(D)(iv)(III)

  Go to provision →
  (III) Before conducting an examination under subclause (I), the Commission shall use the reports of examinations, unless the information sought is unavailable in the reports, of any futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, associated person exempt from registration pursuant to section 6k(6) of this title, or board of trade designated as a contract market in a security futures product pursuant to section 7b–1 of this title that is made by the Securities and Exchange Commission, a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–3(a)), or a national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)).
• 7 U.S.C. § 2(a)(1)(D)(iv)(IV)

  Go to provision →
  (IV) Any records required under this subsection for a futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, associated person exempt from registration pursuant to section 6k(6) of this title, or board of trade designated as a contract market in a security futures product pursuant to section 7b–1 of this title, shall be limited to records with respect to accounts, agreements, contracts, and transactions involving security futures products.
• 7 U.S.C. § 2(a)(1)(D)(v)(I)

  Go to provision →
  (I) The Commission and the Securities and Exchange Commission, by rule, regulation, or order, may jointly modify the criteria specified in subclause (I) or (III) of clause (i), including the trading of security futures based on securities other than equity securities, to the extent such modification fosters the development of fair and orderly markets in security futures products, is necessary or appropriate in the public interest, and is consistent with the protection of investors.
• 7 U.S.C. § 2(a)(1)(D)(v)(II)

  Go to provision →
  (II) The Commission and the Securities and Exchange Commission, by order, may jointly exempt any person from compliance with the criterion specified in clause (i)(IV) to the extent such exemption fosters the development of fair and orderly markets in security futures products, is necessary or appropriate in the public interest, and is consistent with the protection of investors.
• 7 U.S.C. § 2(a)(1)(D)(vi)(III)(aa)

  Go to provision →
  (aa) 180 days after the end of the first full calendar month period in which the average aggregate comparable share volume for all security futures products based on single equity securities traded on all designated contract markets and registered derivatives transaction execution facilities equals or exceeds 10 percent of the average aggregate comparable share volume of options on single equity securities traded on all national securities exchanges registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] and any national securities associations registered pursuant to section 15A(a) of such Act [15 U.S.C. 78o–3(a)]; or
• 7 U.S.C. § 2(a)(1)(E)(i)

  Go to provision →
  (i) To the extent necessary or appropriate in the public interest, to promote fair competition, and consistent with promotion of market efficiency, innovation, and expansion of investment opportunities, the protection of investors, and the maintenance of fair and orderly markets, the Commission and the Securities and Exchange Commission shall jointly issue such rules, regulations, or orders as are necessary and appropriate to permit the offer and sale of a security futures product traded on or subject to the rules of a foreign board of trade to United States persons.
• 7 U.S.C. § 2(a)(1)(E)(ii)

  Go to provision →
  (ii) The rules, regulations, or orders adopted under clause (i) shall take into account, as appropriate, the nature and size of the markets that the securities underlying the security futures product reflects.
• 7 U.S.C. § 2(a)(1)(F)(ii)

  Go to provision →
  (ii) Nothing in this chapter is intended to prohibit any eligible contract participant located in the United States from purchasing or carrying securities futures products traded on or subject to the rules of a foreign board of trade, exchange, or market to the same extent such person may be authorized to purchase or carry other securities traded on a foreign board of trade, exchange, or market so long as any underlying security for such security futures products is traded principally on, by, or through any exchange or market located outside the United States.
• 7 U.S.C. § 2(a)(9)(B)(ii)

  Go to provision →
  (ii) When a board of trade applies for designation or registration as a contract market or derivatives transaction execution facility involving transactions for future delivery of any security issued or guaranteed by the United States or any agency thereof, the Commission shall promptly deliver a copy of such application to the Department of the Treasury and the Board of Governors of the Federal Reserve System. The Commission may not designate or register a board of trade as a contract market or derivatives transaction execution facility based on such application until forty-five days after the date the Commission delivers the application to such agencies or until the Commission receives comments from each of such agencies on the application, whichever period is shorter. Any comments received by the Commission from such agencies shall be included as part of the public record of the Commission’s designation proceeding. In designating, registering, or refusing, suspending, or revoking the designation or registration of, a board of trade as a contract market or derivatives transaction execution facility involving transactions for future delivery referred to in this clause or in considering any possible action under this chapter (including without limitation emergency action under section 12a(9) of this title) with respect to such transactions, the Commission shall take into consideration all comments it receives from the Department of the Treasury and the Board of Governors of the Federal Reserve System and shall consider the effect that any such designation, registration, suspension, revocation, or action may have on the debt financing requirements of the United States Government and the continued efficiency and integrity of the underlying market for government securities.
• 7 U.S.C. § 2(a)(13)(C)(iii)

  Go to provision →
  (iii) With respect to swaps that are not cleared at a registered derivatives clearing organization and which are reported to a swap data repository or the Commission under subsection (h)(6), the Commission shall require real-time public reporting for such transactions, in a manner that does not disclose the business transactions and market positions of any person.
• 7 U.S.C. § 2(a)(13)(E)(ii)

  Go to provision →
  (ii) to specify the criteria for determining what constitutes a large notional swap transaction (block trade) for particular markets and contracts;
• 7 U.S.C. § 2(a)(13)(E)(iv)

  Go to provision →
  (iv) that take into account whether the public disclosure will materially reduce market liquidity.
• 7 U.S.C. § 2(a)(14)(A)(ii)

  Go to provision →
  (ii) the market participants and developments in new products.
• 7 U.S.C. § 2(a)(15)(A)(i)

  Go to provision →
  (i) An Energy and Environmental Markets Advisory Committee is hereby established.
• 7 U.S.C. § 2(a)(15)(A)(iii)(III)

  Go to provision →
  (III) otherwise to serve as a vehicle for discussion and communication on matters of concern to exchanges, firms, end users, and regulators regarding energy and environmental markets and their regulation by the Commission.
• 7 U.S.C. § 2(c)(2)(B)(iii)

  Go to provision →
  (iii) Notwithstanding items (cc) and (gg) of clause (i)(II) of this subparagraph, agreements, contracts, or transactions described in clause (i) of this subparagraph, and accounts or pooled investment vehicles described in clause (vi), shall be subject to subsection (a)(1)(B) of this section and sections 6(b), 6b, 6c(b), 6o, 9, and 13b of this title (except to the extent that sections 9 and 13b of this title prohibit manipulation of the market price of any commodity in interstate commerce, or for future delivery on or subject to the rules of any market), 13a–1, 13a–2, 12(a), 13c(a), and 13c(b) of this title if the agreements, contracts, or transactions are offered, or entered into, by a person that is registered as a futures commission merchant or retail foreign exchange dealer, or an affiliated person of a futures commission merchant registered under this chapter that is not also a person described in any of item (aa), (bb), (ee),¹ or (ff) of clause (i)(II) of this subparagraph.
• 7 U.S.C. § 2(c)(2)(B)(iv)(II)(cc)

  Go to provision →
  (cc) any person who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract market or a derivatives transaction execution facility.
• 7 U.S.C. § 2(c)(2)(B)(iv)(IV)(cc)

  Go to provision →
  (cc) any person who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract market or a derivatives transaction execution facility.
• 7 U.S.C. § 2(c)(2)(C)(ii)(I)

  Go to provision →
  (I) Agreements, contracts, or transactions described in clause (i) of this subparagraph, and accounts or pooled investment vehicles described in clause (vii), shall be subject to subsection (a)(1)(B) of this section and sections 6(b), 6b, 6c(b), 6o, 9, and 13b of this title (except to the extent that sections 9 and 13b of this title prohibit manipulation of the market price of any commodity in interstate commerce, or for future delivery on or subject to the rules of any market), 13a–1, 13a–2, 12(a), 13c(a), and 13c(b) of this title.
• 7 U.S.C. § 2(c)(2)(C)(iii)(II)(cc)

  Go to provision →
  (cc) any person who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract market or a derivatives transaction execution facility.
• 7 U.S.C. § 2(c)(2)(C)(iii)(IV)(cc)

  Go to provision →
  (cc) any person who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract market or a derivatives transaction execution facility.
• 7 U.S.C. § 2(c)(2)(D)(ii)(III)(aa)

  Go to provision →
  (aa) results in actual delivery within 28 days or such other longer period as the Commission may determine by rule or regulation based upon the typical commercial practice in cash or spot markets for the commodity involved; or
• 7 U.S.C. § 2(e)

  Go to provision →
  (e) It shall be unlawful for any person, other than an eligible contract participant, to enter into a swap unless the swap is entered into on, or subject to the rules of, a board of trade designated as a contract market under section 7 of this title.
• 7 U.S.C. § 2(f)(2)(C)

  Go to provision →
  (C) the issuer of the hybrid instrument is not subject by the terms of the instrument to mark-to-market margining requirements; and
• 7 U.S.C. § 2(f)(3)

  Go to provision →
  (3) For the purposes of paragraph (2)(C), mark-to-market margining requirements do not include the obligation of an issuer of a secured debt instrument to increase the amount of collateral held in pledge for the benefit of the purchaser of the secured debt instrument to secure the repayment obligations of the issuer under the secured debt instrument.
• 7 U.S.C. § 2(h)(1)(B)(ii)

  Go to provision →
  (ii) provide for non-discriminatory clearing of a swap (but not a contract of sale of a commodity for future delivery or option on such contract) executed bilaterally or on or through the rules of an unaffiliated designated contract market or swap execution facility.
• 7 U.S.C. § 2(h)(2)(D)(ii)(III)

  Go to provision →
  (III) The effect on the mitigation of systemic risk, taking into account the size of the market for such contract and the resources of the derivatives clearing organization available to clear the contract.
• 7 U.S.C. § 2(h)(8)(A)(i)

  Go to provision →
  (i) execute the transaction on a board of trade designated as a contract market under section 7 of this title; or
• 7 U.S.C. § 5(b)

  Go to provision →
  (b) It is the purpose of this chapter to serve the public interests described in subsection (a) through a system of effective self-regulation of trading facilities, clearing systems, market participants and market professionals under the oversight of the Commission. To foster these public interests, it is further the purpose of this chapter to deter and prevent price manipulation or any other disruptions to market integrity; to ensure the financial integrity of all transactions subject to this chapter and the avoidance of systemic risk; to protect all market participants from fraudulent or other abusive sales practices and misuses of customer assets; and to promote responsible innovation and fair competition among boards of trade, other markets and market participants.
• 7 U.S.C. § 6(a)

  Go to provision →
  (a) Unless exempted by the Commission pursuant to subsection (c) or by subsection (e), it shall be unlawful for any person to offer to enter into, to enter into, to execute, to confirm the execution of, or to conduct any office or business anywhere in the United States, its territories or possessions, for the purpose of soliciting or accepting any order for, or otherwise dealing in, any transaction in, or in connection with, a contract for the purchase or sale of a commodity for future delivery (other than a contract which is made on or subject to the rules of a board of trade, exchange, or market located outside the United States, its territories or possessions) unless—

  (1) such transaction is conducted on or subject to the rules of a board of trade which has been designated or registered by the Commission as a contract market or derivatives transaction execution facility for such commodity;

  (2) such contract is executed or consummated by or through a contract market; and

  (3) such contract is evidenced by a record in writing which shows the date, the parties to such contract and their addresses, the property covered and its price, and the terms of delivery: Provided, That each contract market or derivatives transaction execution facility member shall keep such record for a period of three years from the date thereof, or for a longer period if the Commission shall so direct, which record shall at all times be open to the inspection of any representative of the Commission or the Department of Justice.
• 7 U.S.C. § 6(a)(1)

  Go to provision →
  (1) such transaction is conducted on or subject to the rules of a board of trade which has been designated or registered by the Commission as a contract market or derivatives transaction execution facility for such commodity;
• 7 U.S.C. § 6(a)(2)

  Go to provision →
  (2) such contract is executed or consummated by or through a contract market; and
• 7 U.S.C. § 6(a)(3)

  Go to provision →
  (3) such contract is evidenced by a record in writing which shows the date, the parties to such contract and their addresses, the property covered and its price, and the terms of delivery: Provided, That each contract market or derivatives transaction execution facility member shall keep such record for a period of three years from the date thereof, or for a longer period if the Commission shall so direct, which record shall at all times be open to the inspection of any representative of the Commission or the Department of Justice.
• 7 U.S.C. § 6(b)(1)(B)(ii)(II)

  Go to provision →
  (II) has the authority to require or direct market participants to limit, reduce, or liquidate any position the foreign board of trade (or the foreign futures authority that oversees the foreign board of trade) determines to be necessary to prevent or reduce the threat of price manipulation, excessive speculation as described in section 6a of this title, price distortion, or disruption of delivery or the cash settlement process;
• 7 U.S.C. § 6(b)(2)(A)

  Go to provision →
  (A) The Commission may adopt rules and regulations proscribing fraud and requiring minimum financial standards, the disclosure of risk, the filing of reports, the keeping of books and records, the safeguarding of customers’ funds, and registration with the Commission by any person located in the United States, its territories or possessions, who engages in the offer or sale of any contract of sale of a commodity for future delivery that is made or to be made on or subject to the rules of a board of trade, exchange, or market located outside the United States, its territories or possessions.
• 7 U.S.C. § 6(b)(2)(B)

  Go to provision →
  (B) Rules and regulations described in subparagraph (A) may impose different requirements for such persons depending upon the particular foreign board of trade, exchange, or market involved.
• 7 U.S.C. § 6(b)(2)(C)(i)

  Go to provision →
  (i) requires Commission approval of any contract, rule, regulation, or action of any foreign board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market; or
• 7 U.S.C. § 6(b)(2)(C)(ii)

  Go to provision →
  (ii) governs in any way any rule or contract term or action of any foreign board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market.
• 7 U.S.C. § 6(c)(1)

  Go to provision →
  (1) In order to promote responsible economic or financial innovation and fair competition, the Commission by rule, regulation, or order, after notice and opportunity for hearing, may (on its own initiative or on application of any person, including any board of trade designated or registered as a contract market or derivatives transaction execution facility for transactions for future delivery in any commodity under section 7 of this title) exempt any agreement, contract, or transaction (or class thereof) that is otherwise subject to subsection (a) (including any person or class of persons offering, entering into, rendering advice or rendering other services with respect to, the agreement, contract, or transaction), either unconditionally or on stated terms or conditions or for stated periods and either retroactively or prospectively, or both, from any of the requirements of subsection (a), or from any other provision of this chapter (except subparagraphs (C)(ii) and (D) of section 2(a)(1) of this title,² except that—

  (A) unless the Commission is expressly authorized by any provision described in this subparagraph to grant exemptions, with respect to amendments made by subtitle A of the Wall Street Transparency and Accountability Act of 2010—

  (i) with respect to—

  (I) paragraphs (2), (3), (4), (5), and (7), paragraph (18)(A)(vii)(III), paragraphs (23), (24), (31), (32), (38), (39), (41), (42), (46), (47), (48), and (49) of section 1a of this title, and sections 2(a)(13), 2(c)(1)(D), 6a(a), 6a(b), 6d(c), 6d(d), 6r, 6s, 7a–1(a), 7a–1(b), 7(d), 7(g), 7(h),³ 7a–1(c), 7a–1(i), 12(e),⁴ and 24a of this title; and

  (II) section 206(e)⁵ of the Gramm-Leach-Bliley Act (Public Law 106–102; 15 U.S.C. 78c note); and

  (ii) in sections 721(c) and 742 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and

  (B) the Commission and the Securities and Exchange Commission may by rule, regulation, or order jointly exclude any agreement, contract, or transaction from section 2(a)(1)(D) of this title)⁶ if the Commissions determine that the exemption would be consistent with the public interest.
• 7 U.S.C. § 6(c)(2)(B)(ii)

  Go to provision →
  (ii) will not have a material adverse effect on the ability of the Commission or any contract market or derivatives transaction execution facility to discharge its regulatory or self-regulatory duties under this chapter.
• 7 U.S.C. § 6(e)(2)

  Go to provision →
  (2) Nothing in this subsection shall be construed as implying or creating any presumption that a board of trade, exchange, or market is located outside the United States, or its territories or possessions, for purposes of subsection (a).
• 7 U.S.C. § 6a(a)(1)

  Go to provision →
  (1) Excessive speculation in any commodity under contracts of sale of such commodity for future delivery made on or subject to the rules of contract markets or derivatives transaction execution facilities, or swaps that perform or affect a significant price discovery function with respect to registered entities causing sudden or unreasonable fluctuations or unwarranted changes in the price of such commodity, is an undue and unnecessary burden on interstate commerce in such commodity. For the purpose of diminishing, eliminating, or preventing such burden, the Commission shall, from time to time, after due notice and opportunity for hearing, by rule, regulation, or order, proclaim and fix such limits on the amounts of trading which may be done or positions which may be held by any person, including any group or class of traders, under contracts of sale of such commodity for future delivery on or subject to the rules of any contract market or derivatives transaction execution facility, or swaps traded on or subject to the rules of a designated contract market or a swap execution facility, or swaps not traded on or subject to the rules of a designated contract market or a swap execution facility that performs a significant price discovery function with respect to a registered entity, as the Commission finds are necessary to diminish, eliminate, or prevent such burden. In determining whether any person has exceeded such limits, the positions held and trading done by any persons directly or indirectly controlled by such person shall be included with the positions held and trading done by such person; and further, such limits upon positions and trading shall apply to positions held by, and trading done by, two or more persons acting pursuant to an expressed or implied agreement or understanding, the same as if the positions were held by, or the trading were done by, a single person. Nothing in this section shall be construed to prohibit the Commission from fixing different trading or position limits for different commodities, markets, futures, or delivery months, or for different number of days remaining until the last day of trading in a contract, or different trading limits for buying and selling operations, or different limits for the purposes of paragraphs (1) and (2) of subsection (b) of this section, or from exempting transactions normally known to the trade as “spreads” or “straddles” or “arbitrage” or from fixing limits applying to such transactions or positions different from limits fixed for other transactions or positions. The word “arbitrage” in domestic markets shall be defined to mean the same as “spread” or “straddle”. The Commission is authorized to define the term “international arbitrage”.
• 7 U.S.C. § 6a(a)(2)(A)

  Go to provision →
  (A) In accordance with the standards set forth in paragraph (1) of this subsection and consistent with the good faith exception cited in subsection (b)(2), with respect to physical commodities other than excluded commodities as defined by the Commission, the Commission shall by rule, regulation, or order establish limits on the amount of positions, as appropriate, other than bona fide hedge positions, that may be held by any person with respect to contracts of sale for future delivery or with respect to options on the contracts or commodities traded on or subject to the rules of a designated contract market.
• 7 U.S.C. § 6a(a)(3)(B)(ii)

  Go to provision →
  (ii) to deter and prevent market manipulation, squeezes, and corners;
• 7 U.S.C. § 6a(a)(3)(B)(iii)

  Go to provision →
  (iii) to ensure sufficient market liquidity for bona fide hedgers; and
• 7 U.S.C. § 6a(a)(3)(B)(iv)

  Go to provision →
  (iv) to ensure that the price discovery function of the underlying market is not disrupted.
• 7 U.S.C. § 6a(a)(4)

  Go to provision →
  (4) In making a determination whether a swap performs or affects a significant price discovery function with respect to regulated markets, the Commission shall consider, as appropriate:

  (A) The extent to which the swap uses or otherwise relies on a daily or final settlement price, or other major price parameter, of another contract traded on a regulated market based upon the same underlying commodity, to value a position, transfer or convert a position, financially settle a position, or close out a position.

  (B) The extent to which the price for the swap is sufficiently related to the price of another contract traded on a regulated market based upon the same underlying commodity so as to permit market participants to effectively arbitrage between the markets by simultaneously maintaining positions or executing trades in the swaps on a frequent and recurring basis.

  (C) The extent to which, on a frequent and recurring basis, bids, offers, or transactions in a contract traded on a regulated market are directly based on, or are determined by referencing, the price generated by the swap.

  (D) The extent to which the volume of swaps being traded in the commodity is sufficient to have a material effect on another contract traded on a regulated market.

  (E) Such other material factors as the Commission specifies by rule or regulation as relevant to determine whether a swap serves a significant price discovery function with respect to a regulated market.
• 7 U.S.C. § 6a(a)(4)(A)

  Go to provision →
  (A) The extent to which the swap uses or otherwise relies on a daily or final settlement price, or other major price parameter, of another contract traded on a regulated market based upon the same underlying commodity, to value a position, transfer or convert a position, financially settle a position, or close out a position.
• 7 U.S.C. § 6a(a)(4)(B)

  Go to provision →
  (B) The extent to which the price for the swap is sufficiently related to the price of another contract traded on a regulated market based upon the same underlying commodity so as to permit market participants to effectively arbitrage between the markets by simultaneously maintaining positions or executing trades in the swaps on a frequent and recurring basis.
• 7 U.S.C. § 6a(a)(4)(C)

  Go to provision →
  (C) The extent to which, on a frequent and recurring basis, bids, offers, or transactions in a contract traded on a regulated market are directly based on, or are determined by referencing, the price generated by the swap.
• 7 U.S.C. § 6a(a)(4)(D)

  Go to provision →
  (D) The extent to which the volume of swaps being traded in the commodity is sufficient to have a material effect on another contract traded on a regulated market.
• 7 U.S.C. § 6a(a)(4)(E)

  Go to provision →
  (E) Such other material factors as the Commission specifies by rule or regulation as relevant to determine whether a swap serves a significant price discovery function with respect to a regulated market.
• 7 U.S.C. § 6a(a)(5)(A)

  Go to provision →
  (A) Notwithstanding any other provision of this section, the Commission shall establish limits on the amount of positions, including aggregate position limits, as appropriate, other than bona fide hedge positions, that may be held by any person with respect to swaps that are economically equivalent to contracts of sale for future delivery or to options on the contracts or commodities traded on or subject to the rules of a designated contract market subject to paragraph (2).
• 7 U.S.C. § 6a(a)(6)(A)

  Go to provision →
  (A) contracts listed by designated contract markets;
• 7 U.S.C. § 6a(b)(1)

  Go to provision →
  (1) directly or indirectly to buy or sell, or agree to buy or sell, under contracts of sale of such commodity for future delivery on or subject to the rules of the contract market or markets, or swap execution facility or facilities with respect to a significant price discovery contract, to which the rule, regulation, or order applies, any amount of such commodity during any one business day in excess of any trading limit fixed for one business day by the Commission in such rule, regulation, or order for or with respect to such commodity; or
• 7 U.S.C. § 6a(b)(2)

  Go to provision →
  (2) directly or indirectly to hold or control a net long or a net short position in any commodity for future delivery on or subject to the rules of any contract market or swap execution facility with respect to a significant price discovery contract in excess of any position limit fixed by the Commission for or with respect to such commodity: Provided, That such position limit shall not apply to a position acquired in good faith prior to the effective date of such rule, regulation, or order.
• 7 U.S.C. § 6a(c)(1)

  Go to provision →
  (1) No rule, regulation, or order issued under subsection (a) of this section shall apply to transactions or positions which are shown to be bona fide hedging transactions or positions as such terms shall be defined by the Commission by rule, regulation, or order consistent with the purposes of this chapter. Such terms may be defined to permit producers, purchasers, sellers, middlemen, and users of a commodity or a product derived therefrom to hedge their legitimate anticipated business needs for that period of time into the future for which an appropriate futures contract is open and available on an exchange. To determine the adequacy of this chapter and the powers of the Commission acting thereunder to prevent unwarranted price pressures by large hedgers, the Commission shall monitor and analyze the trading activities of the largest hedgers, as determined by the Commission, operating in the cattle, hog, or pork belly markets and shall report its findings and recommendations to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Agriculture in its annual reports for at least two years following January 11, 1983.
• 7 U.S.C. § 6a(e)

  Go to provision →
  (e) Nothing in this section shall prohibit or impair the adoption by any contract market, derivatives transaction execution facility, or by any other board of trade licensed, designated, or registered by the Commission or by any electronic trading facility of any bylaw, rule, regulation, or resolution fixing limits on the amount of trading which may be done or positions which may be held by any person under contracts of sale of any commodity for future delivery traded on or subject to the rules of such contract market or derivatives transaction execution facility or on an electronic trading facility, or under options on such contracts or commodities traded on or subject to the rules of such contract market, derivatives transaction execution facility, or electronic trading facility or such board of trade: Provided, That if the Commission shall have fixed limits under this section for any contract or under section 6c of this title for any commodity option, then the limits fixed by the bylaws, rules, regulations, and resolutions adopted by such contract market, derivatives transaction execution facility, or electronic trading facility or such board of trade shall not be higher than the limits fixed by the Commission. It shall be a violation of this chapter for any person to violate any bylaw, rule, regulation, or resolution of any contract market, derivatives transaction execution facility, or other board of trade licensed, designated, or registered by the Commission or electronic trading facility with respect to a significant price discovery contract fixing limits on the amount of trading which may be done or positions which may be held by any person under contracts of sale of any commodity for future delivery or under options on such contracts or commodities, if such bylaw, rule, regulation, or resolution has been approved by the Commission or certified by a registered entity pursuant to section 7a–2(c)(1) of this title: Provided, That the provisions of section 13(a)(5) of this title shall apply only to those who knowingly violate such limits.
• 7 U.S.C. § 6b(a)(1)

  Go to provision →
  (1) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity in interstate commerce or for future delivery that is made, or to be made, on or subject to the rules of a designated contract market, for or on behalf of any other person; or
• 7 U.S.C. § 6b(a)(2)

  Go to provision →
  (2) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery, or swap, that is made, or to be made, for or on behalf of, or with, any other person, other than on or subject to the rules of a designated contract market—

  (A) to cheat or defraud or attempt to cheat or defraud the other person;

  (B) willfully to make or cause to be made to the other person any false report or statement or willfully to enter or cause to be entered for the other person any false record;

  (C) willfully to deceive or attempt to deceive the other person by any means whatsoever in regard to any order or contract or the disposition or execution of any order or contract, or in regard to any act of agency performed, with respect to any order or contract for or, in the case of paragraph (2), with the other person; or

  (i) to bucket an order if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market; or

  (ii) to fill an order by offset against the order or orders of any other person, or willfully and knowingly and without the prior consent of the other person to become the buyer in respect to any selling order of the other person, or become the seller in respect to any buying order of the other person, if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market unless the order is executed in accordance with the rules of the designated contract market.
• 7 U.S.C. § 6b(a)(2)(D)(i)

  Go to provision →
  (i) to bucket an order if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market; or
• 7 U.S.C. § 6b(a)(2)(D)(ii)

  Go to provision →
  (ii) to fill an order by offset against the order or orders of any other person, or willfully and knowingly and without the prior consent of the other person to become the buyer in respect to any selling order of the other person, or become the seller in respect to any buying order of the other person, if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market unless the order is executed in accordance with the rules of the designated contract market.
• 7 U.S.C. § 6b(b)

  Go to provision →
  (b) Subsection (a)(2) of this section shall not obligate any person, in or in connection with a transaction in a contract of sale of a commodity for future delivery, or swap, with another person, to disclose to the other person nonpublic information that may be material to the market price, rate, or level of the commodity or transaction, except as necessary to make any statement made to the other person in or in connection with the transaction not misleading in any material respect.
• 7 U.S.C. § 6b(c)

  Go to provision →
  (c) Nothing in this section or in any other section of this chapter shall be construed to prevent a futures commission merchant or floor broker who shall have in hand, simultaneously, buying and selling orders at the market for different principals for a like quantity of a commodity for future delivery in the same month executing such buying and selling orders at the market price: Provided, That any such execution shall take place on the floor of the exchange where such orders are to be executed at public outcry across the ring and shall be duly reported, recorded, and cleared in the same manner as other orders executed on such exchange: And provided further, That such transactions shall be made in accordance with such rules and regulations as the Commission may promulgate regarding the manner of the execution of such transactions.
• 7 U.S.C. § 6b(d)

  Go to provision →
  (d) Nothing in this section shall apply to any activity that occurs on a board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market, located outside the United States, or territories or possessions of the United States, involving any contract of sale of a commodity for future delivery that is made, or to be made, on or subject to the rules of such board of trade, exchange, or market.
• 7 U.S.C. § 6c(b)

  Go to provision →
  (b) No person shall offer to enter into, enter into or confirm the execution of, any transaction involving any commodity regulated under this chapter which is of the character of, or is commonly known to the trade as, an “option”, “privilege”, “indemnity”, “bid”, “offer”, “put”, “call”, “advance guaranty”, or “decline guaranty”, contrary to any rule, regulation, or order of the Commission prohibiting any such transaction or allowing any such transaction under such terms and conditions as the Commission shall prescribe. Any such order, rule, or regulation may be made only after notice and opportunity for hearing, and the Commission may set different terms and conditions for different markets.
• 7 U.S.C. § 6c(c)(1)

  Go to provision →
  (1) to eliminate the pilot status of its program for commodity option transactions involving the trading of options on contract markets, including any numerical restrictions on the number of commodities or option contracts for which a contract market may be designated; and
• 7 U.S.C. § 6c(g)

  Go to provision →
  (g) The Commission shall adopt rules requiring that a contemporaneous written record be made, as practicable, of all orders for execution on the floor or subject to the rules of each contract market or derivatives transaction execution facility placed by a member of the contract market or derivatives transaction execution facility who is present on the floor at the time such order is placed.
• 7 U.S.C. § 6d(a)(2)

  Go to provision →
  (2) such person shall, whether a member or nonmember of a contract market or derivatives transaction execution facility, treat and deal with all money, securities, and property received by such person to margin, guarantee, or secure the trades or contracts of any customer of such person, or accruing to such customer as the result of such trades or contracts, as belonging to such customer. Such money, securities, and property shall be separately accounted for and shall not be commingled with the funds of such commission merchant or be used to margin or guarantee the trades or contracts, or to secure or extend the credit, of any customer or person other than the one for whom the same are held: Provided, however, That such money, securities, and property of the customers of such futures commission merchant may, for convenience, be commingled and deposited in the same account or accounts with any bank or trust company or with the clearing house organization of such contract market or derivatives transaction execution facility, and that such share thereof as in the normal course of business shall be necessary to margin, guarantee, secure, transfer, adjust, or settle the contracts or trades of such customers, or resulting market positions, with the clearinghouse organization of such contract market or derivatives transaction execution facility or with any member of such contract market or derivatives transaction execution facility, may be withdrawn and applied to such purposes, including the payment of commissions, brokerage, interest, taxes, storage, and other charges, lawfully accruing in connection with such contracts and trades: Provided further, That in accordance with such terms and conditions as the Commission may prescribe by rule, regulation, or order, such money, securities, and property of the customers of such futures commission merchant may be commingled and deposited as provided in this section with any other money, securities, and property received by such futures commission merchant and required by the Commission to be separately accounted for and treated and dealt with as belonging to the customers of such futures commission merchant: Provided further, That such money may be invested in obligations of the United States, in general obligations of any State or of any political subdivision thereof, and in obligations fully guaranteed as to principal and interest by the United States, such investments to be made in accordance with such rules and regulations and subject to such conditions as the Commission may prescribe.
• 7 U.S.C. § 6d(b)

  Go to provision →
  (b) It shall be unlawful for any person, including but not limited to any clearing agency of a contract market or derivatives transaction execution facility and any depository, that has received any money, securities, or property for deposit in a separate account as provided in paragraph (2) of this section,¹ to hold, dispose of, or use any such money, securities, or property as belonging to the depositing futures commission merchant or any person other than the customers of such futures commission merchant.
• 7 U.S.C. § 6d(c)(1)

  Go to provision →
  (1) establish structural and institutional safeguards to ensure that the activities of any person within the firm relating to research or analysis of the price or market for any commodity are separated by appropriate informational partitions within the firm from the review, pressure, or oversight of persons whose involvement in trading or clearing activities might potentially bias the judgment or supervision of the persons; and
• 7 U.S.C. § 6e

  Go to provision →
  It shall be unlawful for any person to act as floor trader in executing purchases and sales, or as floor broker in executing any orders for the purchase or sale, of any commodity for future delivery, or involving any contracts of sale of any commodity for future delivery, on or subject to the rules of any contract market or derivatives transaction execution facility unless such person shall have registered, under this chapter, with the Commission as such floor trader or floor broker and such registration shall not have expired nor been suspended nor revoked.
• 7 U.S.C. § 6f(a)(2)(A)

  Go to provision →
  (A) the broker or dealer limits its solicitation of orders, acceptance of orders, or execution of orders, or placing of orders on behalf of others involving any contracts of sale of any commodity for future delivery, on or subject to the rules of any contract market or registered derivatives transaction execution facility to security futures products;
• 7 U.S.C. § 6f(a)(3)(B)

  Go to provision →
  (B) the floor broker or floor trader limits its solicitation of orders, acceptance of orders, or execution of orders, or placing of orders on behalf of others involving any contracts of sale of any commodity for future delivery, on or subject to the rules of any contract market to security futures products; and
• 7 U.S.C. § 6f(b)

  Go to provision →
  (b) Notwithstanding any other provisions of this chapter, no person desiring to register as futures commission merchant or as introducing broker shall be so registered unless he meets such minimum financial requirements as the Commission may by regulation prescribe as necessary to insure his meeting his obligation as a registrant, and each person so registered shall at all times continue to meet such prescribed minimum financial requirements: Provided, That such minimum financial requirements will be considered met if the applicant for registration or registrant is a member of a contract market or derivatives transaction execution facility and conforms to minimum financial standards and related reporting requirements set by such contract market or derivatives transaction execution facility in its bylaws, rules, regulations, or resolutions and approved by the Commission as adequate to effectuate the purposes of this subsection.
• 7 U.S.C. § 6f(c)(3)(A)

  Go to provision →
  (A) ,¹ If, as a result of adverse market conditions or based on reports provided to the Commission pursuant to paragraph (2) or other available information, the Commission reasonably concludes that the Commission has concerns regarding the financial or operational condition of any registered futures commission merchant, the Commission may require the futures commission merchant to make reports concerning the futures and other financial activities of any of such person’s affiliated persons, other than a natural person, whose business activities are reasonably likely to have a material impact on the financial or operational condition of the futures commission merchant.
• 7 U.S.C. § 6f(c)(3)(B)

  Go to provision →
  (B) The Commission, in requiring reports pursuant to this paragraph, shall specify the information required, the period for which it is required, the time and date on which the information must be furnished, and whether the information is to be furnished directly to the Commission or to a contract market or derivatives transaction execution facility or other self-regulatory organization with primary responsibility for examining the registered futures commission merchant’s financial and operational condition.
• 7 U.S.C. § 6f(c)(5)(B)

  Go to provision →
  (B) consult with the agency to determine whether the information required is available from the agency and for other purposes, unless the Commission determines that any delay resulting from the consultation would be inconsistent with ensuring the financial and operational condition of the futures commission merchant or the stability or integrity of the futures markets.
• 7 U.S.C. § 6f(c)(9)(E)

  Go to provision →
  (E) with respect to the registered futures commission merchant and its affiliated persons, on a consolidated basis, the amount and proportion of assets devoted to, and revenues derived from activities in the United States futures markets.
• 7 U.S.C. § 6i

  Go to provision →
  It shall be unlawful for any person to make any contract for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market or derivatives transaction execution facility, or any significant price discovery contract traded or executed on an electronic trading facility or any agreement, contract, or transaction that is treated by a derivatives clearing organization, whether registered or not registered, as fungible with a significant price discovery contract—
• 7 U.S.C. § 6j(a)

  Go to provision →
  (a) The Commission shall issue regulations to prohibit the privilege of dual trading in security futures products on each contract market and registered derivatives transaction execution facility. The regulations issued by the Commission under this section—

  (1) shall provide that the prohibition of dual trading thereunder shall take effect upon issuance of the regulations; and

  (2) shall provide exceptions, as the Commission determines appropriate, to ensure fairness and orderly trading in security futures product markets, including—

  (A) exceptions for spread transactions and the correction of trading errors;

  (B) allowance for a customer to designate in writing not less than once annually a named floor broker to execute orders for such customer, notwithstanding the regulations to prohibit the privilege of dual trading required under this section; and

  (C) other measures reasonably designed to accommodate unique or special characteristics of individual boards of trade or contract markets, to address emergency or unusual market conditions, or otherwise to further the public interest consistent with the promotion of market efficiency, innovation, and expansion of investment opportunities, the protection of investors, and with the purposes of this section.
• 7 U.S.C. § 6j(a)(2)

  Go to provision →
  (2) shall provide exceptions, as the Commission determines appropriate, to ensure fairness and orderly trading in security futures product markets, including—

  (A) exceptions for spread transactions and the correction of trading errors;

  (B) allowance for a customer to designate in writing not less than once annually a named floor broker to execute orders for such customer, notwithstanding the regulations to prohibit the privilege of dual trading required under this section; and

  (C) other measures reasonably designed to accommodate unique or special characteristics of individual boards of trade or contract markets, to address emergency or unusual market conditions, or otherwise to further the public interest consistent with the promotion of market efficiency, innovation, and expansion of investment opportunities, the protection of investors, and with the purposes of this section.
• 7 U.S.C. § 6j(a)(2)(C)

  Go to provision →
  (C) other measures reasonably designed to accommodate unique or special characteristics of individual boards of trade or contract markets, to address emergency or unusual market conditions, or otherwise to further the public interest consistent with the promotion of market efficiency, innovation, and expansion of investment opportunities, the protection of investors, and with the purposes of this section.
• 7 U.S.C. § 6j(b)

  Go to provision →
  (b) As used in this section, the term “dual trading” means the execution of customer orders by a floor broker during the same trading session in which the floor broker executes any trade in the same contract market or registered derivatives transaction execution facility for—

  (1) the account of such floor broker;

  (2) an account for which such floor broker has trading discretion; or

  (3) an account controlled by a person with whom such floor broker has a relationship through membership in a broker association.
• 7 U.S.C. § 6j(c)

  Go to provision →
  (c) As used in this section, the term “broker association” shall include two or more contract market members or registered derivatives transaction execution facility members with floor trading privileges of whom at least one is acting as a floor broker, who—

  (1) engage in floor brokerage activity on behalf of the same employer,

  (2) have an employer and employee relationship which relates to floor brokerage activity,

  (3) share profits and losses associated with their brokerage or trading activity, or

  (4) regularly share a deck of orders.
• 7 U.S.C. § 6k(6)

  Go to provision →
  (6) Any associated person of a broker or dealer that is registered with the Securities and Exchange Commission, and who limits its solicitation of orders, acceptance of orders, or execution of orders, or placing of orders on behalf of others involving any contracts of sale of any commodity for future delivery or any option on such a contract, on or subject to the rules of any contract market or registered derivatives transaction execution facility to security futures products, shall be exempt from the following provisions of this chapter and the rules thereunder:

  (A) Subsections (b), (d), (e), and (g) of section 6c of this title.

  (B) Sections 6d, 6e, and 6h of this title.

  (C) Subsections (b) and (c) of section 6f of this title.

  (D) Section 6j of this title.

  (E) Paragraph (1) of this section.

  (F) Section 6p of this title.

  (G) Section 13a–2 of this title.

  (H) Subsections (d) and (g) of section 12 of this title.

  (I) Section 20 of this title.
• 7 U.S.C. § 6l(2)

  Go to provision →
  (2) their advice, counsel, publications, writings, analyses, and reports customarily relate to and their operations are directed toward and cause the purchase and sale of commodities for future delivery on or subject to the rules of contract markets or derivatives transaction execution facilities; and
• 7 U.S.C. § 6l(3)

  Go to provision →
  (3) the foregoing transactions occur in such volume as to affect substantially transactions on contract markets or derivatives transaction execution facilities.
• 7 U.S.C. § 6m(1)

  Go to provision →
  (1) It shall be unlawful for any commodity trading advisor or commodity pool operator, unless registered under this chapter, to make use of the mails or any means or instrumentality of interstate commerce in connection with his business as such commodity trading advisor or commodity pool operator: Provided, That the provisions of this section shall not apply to any commodity trading advisor who, during the course of the preceding twelve months, has not furnished commodity trading advice to more than fifteen persons and who does not hold himself out generally to the public as a commodity trading advisor. The provisions of this section shall not apply to any commodity trading advisor who is a (1) dealer, processor, broker, or seller in cash market transactions of any commodity specifically set forth in section 2(a) of this title prior to October 23, 1974, (or products thereof) or (2) nonprofit, voluntary membership, general farm organization, who provides advice on the sale or purchase of any commodity specifically set forth in section 2(a) of this title prior to October 23, 1974; if the advice by the person described in clause (1) or (2) of this sentence as a commodity trading advisor is solely incidental to the conduct of that person’s business: Provided, That such person shall be subject to proceedings under section 18 of this title.
• 7 U.S.C. § 6n(3)(B)

  Go to provision →
  (B) Unless otherwise authorized by the Commission by rule or regulation, all commodity trading advisors and commodity pool operators shall make a full and complete disclosure to their subscribers, clients, or participants of all futures market positions taken or held by the individual principals of their organization.
• 7 U.S.C. § 6p(a)

  Go to provision →
  (a) The Commission may specify by rules and regulations appropriate standards with respect to training, experience, and such other qualifications as the Commission finds necessary or desirable to insure the fitness of persons required to be registered with the Commission. In connection therewith, the Commission may prescribe by rules and regulations the adoption of written proficiency examinations to be given to applicants for registration and the establishment of reasonable fees to be charged to such applicants to cover the administration of such examinations. The Commission may further prescribe by rules and regulations that, in lieu of examinations administered by the Commission, futures associations registered under section 21 of this title, contract markets, or derivatives transaction execution facilities may adopt written proficiency examinations to be given to applicants for registration and charge reasonable fees to such applicants to cover the administration of such examinations. Notwithstanding any other provision of this section, the Commission may specify by rules and regulations such terms and conditions as it deems appropriate to protect the public interest wherein exception to any written proficiency examination shall be made with respect to individuals who have demonstrated, through training and experience, the degree of proficiency and skill necessary to protect the interests of customers, clients, pool participants, or other members of the public with whom such individuals deal.
• 7 U.S.C. § 6p(b)

  Go to provision →
  (b) The Commission shall issue regulations to require new registrants, within six months after receiving such registration, to attend a training session, and all other registrants to attend periodic training sessions, to ensure that registrants understand their responsibilities to the public under this chapter, including responsibilities to observe just and equitable principles of trade, any rule or regulation of the Commission, any rule of any appropriate contract market, derivatives transaction execution facility, registered futures association, or other self-regulatory organization, or any other applicable Federal or state¹ law, rule or regulation.
• 7 U.S.C. § 6q(a)(1)

  Go to provision →
  (1) prescribe procedures under which each contract market is to provide for orderly delivery, including temporary storage costs, of any agricultural commodity enumerated in section 1a(9) of this title which is the subject of a contract for purchase or sale for future delivery;
• 7 U.S.C. § 6q(a)(2)

  Go to provision →
  (2) increase the ease with which domestic agricultural producers may participate in contract markets, including by addressing cost and margin requirements, so as to better enable the producers to hedge price risk associated with their production;
• 7 U.S.C. § 6q(a)(3)

  Go to provision →
  (3) provide flexibility in the minimum quantities of such agricultural commodities that may be the subject of a contract for purchase or sale for future delivery that is traded on a contract market, to better allow domestic agricultural producers to hedge such price risk; and
• 7 U.S.C. § 6q(a)(4)

  Go to provision →
  (4) encourage contract markets to provide information and otherwise facilitate the participation of domestic agricultural producers in contract markets.
• 7 U.S.C. § 6q(b)

  Go to provision →
  (b) Within 1 year after December 21, 2000, the Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the steps it has taken to implement this section and on the activities of contract markets pursuant to this section.
• 7 U.S.C. § 6s(e)(3)(C)(i)

  Go to provision →
  (i) preserving the financial integrity of markets trading swaps; and
• 7 U.S.C. § 6s(j)(5)(A)

  Go to provision →
  (A) establish structural and institutional safeguards to ensure that the activities of any person within the firm relating to research or analysis of the price or market for any commodity or swap or acting in a role of providing clearing activities or making determinations as to accepting clearing customers are separated by appropriate informational partitions within the firm from the review, pressure, or oversight of persons whose involvement in pricing, trading, or clearing activities might potentially bias their judgment or supervision and contravene the core principles of open access and the business conduct standards described in this chapter; and
• 7 U.S.C. § 6t(a)(2)(B)

  Go to provision →
  (B) in accordance with the rules and regulations of the Commission, the person keeps books and records of all such swaps and any transactions and positions in any related commodity traded on or subject to the rules of any designated contract market or swap execution facility, and of cash or spot transactions in, inventories of, and purchase and sale commitments of, such a commodity.
• 7 U.S.C. § 7(a)

  Go to provision →
  (a) A board of trade applying to the Commission for designation as a contract market shall submit an application to the Commission that includes any relevant materials and records the Commission may require consistent with this chapter.
• 7 U.S.C. § 7(c)

  Go to provision →
  (c) A board of trade that is designated as a contract market on December 21, 2000, shall be considered to be a designated contract market under this section.
• 7 U.S.C. § 7(d)(1)(A)

  Go to provision →
  (A) To be designated, and maintain a designation, as a contract market, a board of trade shall comply with—

  (i) any core principle described in this subsection; and

  (ii) any requirement that the Commission may impose by rule or regulation pursuant to section 12a(5) of this title.
• 7 U.S.C. § 7(d)(2)(A)

  Go to provision →
  (A) The board of trade shall establish, monitor, and enforce compliance with the rules of the contract market, including—

  (i) access requirements;

  (ii) the terms and conditions of any contracts to be traded on the contract market; and

  (iii) rules prohibiting abusive trade practices on the contract market.
• 7 U.S.C. § 7(d)(2)(A)(ii)

  Go to provision →
  (ii) the terms and conditions of any contracts to be traded on the contract market; and
• 7 U.S.C. § 7(d)(2)(A)(iii)

  Go to provision →
  (iii) rules prohibiting abusive trade practices on the contract market.
• 7 U.S.C. § 7(d)(2)(B)

  Go to provision →
  (B) The board of trade shall have the capacity to detect, investigate, and apply appropriate sanctions to any person that violates any rule of the contract market.
• 7 U.S.C. § 7(d)(2)(C)

  Go to provision →
  (C) The rules of the contract market shall provide the board of trade with the ability and authority to obtain any necessary information to perform any function described in this subsection, including the capacity to carry out such international information-sharing agreements as the Commission may require.
• 7 U.S.C. § 7(d)(3)

  Go to provision →
  (3) The board of trade shall list on the contract market only contracts that are not readily susceptible to manipulation.
• 7 U.S.C. § 7(d)(4)

  Go to provision →
  (4) The board of trade shall have the capacity and responsibility to prevent manipulation, price distortion, and disruptions of the delivery or cash-settlement process through market surveillance, compliance, and enforcement practices and procedures, including—

  (A) methods for conducting real-time monitoring of trading; and

  (B) comprehensive and accurate trade reconstructions.
• 7 U.S.C. § 7(d)(5)(A)

  Go to provision →
  (A) To reduce the potential threat of market manipulation or congestion (especially during trading in the delivery month), the board of trade shall adopt for each contract of the board of trade, as is necessary and appropriate, position limitations or position accountability for speculators.
• 7 U.S.C. § 7(d)(6)(C)

  Go to provision →
  (C) to require market participants in any contract to meet special margin requirements.
• 7 U.S.C. § 7(d)(7)

  Go to provision →
  (7) The board of trade shall make available to market authorities, market participants, and the public accurate information concerning—

  (A) the terms and conditions of the contracts of the contract market; and

  (i) the rules, regulations, and mechanisms for executing transactions on or through the facilities of the contract market; and

  (ii) the rules and specifications describing the operation of the contract market’s—

  (I) electronic matching platform; or

  (II) trade execution facility.
• 7 U.S.C. § 7(d)(7)(A)

  Go to provision →
  (A) the terms and conditions of the contracts of the contract market; and
• 7 U.S.C. § 7(d)(7)(B)(i)

  Go to provision →
  (i) the rules, regulations, and mechanisms for executing transactions on or through the facilities of the contract market; and
• 7 U.S.C. § 7(d)(7)(B)(ii)

  Go to provision →
  (ii) the rules and specifications describing the operation of the contract market’s—

  (I) electronic matching platform; or

  (II) trade execution facility.
• 7 U.S.C. § 7(d)(8)

  Go to provision →
  (8) The board of trade shall make public daily information on settlement prices, volume, open interest, and opening and closing ranges for actively traded contracts on the contract market.
• 7 U.S.C. § 7(d)(9)(A)

  Go to provision →
  (A) The board of trade shall provide a competitive, open, and efficient market and mechanism for executing transactions that protects the price discovery process of trading in the centralized market of the board of trade.
• 7 U.S.C. § 7(d)(9)(B)(iii)

  Go to provision →
  (iii) a futures commission merchant, acting as principal or agent, to enter into or confirm the execution of a contract for the purchase or sale of a commodity for future delivery if the contract is reported, recorded, or cleared in accordance with the rules of the contract market or a derivatives clearing organization.
• 7 U.S.C. § 7(d)(10)

  Go to provision →
  (10) The board of trade shall maintain rules and procedures to provide for the recording and safe storage of all identifying trade information in a manner that enables the contract market to use the information—

  (A) to assist in the prevention of customer and market abuses; and

  (B) to provide evidence of any violations of the rules of the contract market.
• 7 U.S.C. § 7(d)(10)(A)

  Go to provision →
  (A) to assist in the prevention of customer and market abuses; and
• 7 U.S.C. § 7(d)(10)(B)

  Go to provision →
  (B) to provide evidence of any violations of the rules of the contract market.
• 7 U.S.C. § 7(d)(11)(A)

  Go to provision →
  (A) rules and procedures for ensuring the financial integrity of transactions entered into on or through the facilities of the contract market (including the clearance and settlement of the transactions with a derivatives clearing organization); and
• 7 U.S.C. § 7(d)(12)(A)

  Go to provision →
  (A) to protect markets and market participants from abusive practices committed by any party, including abusive practices committed by a party acting as an agent for a participant; and
• 7 U.S.C. § 7(d)(12)(B)

  Go to provision →
  (B) to promote fair and equitable trading on the contract market.
• 7 U.S.C. § 7(d)(13)

  Go to provision →
  (13) The board of trade shall establish and enforce disciplinary procedures that authorize the board of trade to discipline, suspend, or expel members or market participants that violate the rules of the board of trade, or similar methods for performing the same functions, including delegation of the functions to third parties.
• 7 U.S.C. § 7(d)(14)

  Go to provision →
  (14) The board of trade shall establish and enforce rules regarding, and provide facilities for alternative dispute resolution as appropriate for, market participants and any market intermediaries.
• 7 U.S.C. § 7(d)(15)

  Go to provision →
  (15) The board of trade shall establish and enforce appropriate fitness standards for directors, members of any disciplinary committee, members of the contract market, and any other person with direct access to the facility (including any party affiliated with any person described in this paragraph).
• 7 U.S.C. § 7(d)(16)(A)

  Go to provision →
  (A) to minimize conflicts of interest in the decision-making process of the contract market; and
• 7 U.S.C. § 7(d)(17)

  Go to provision →
  (17) The governance arrangements of the board of trade shall be designed to permit consideration of the views of market participants.
• 7 U.S.C. § 7(d)(18)

  Go to provision →
  (18) The board of trade shall maintain records of all activities relating to the business of the contract market—

  (A) in a form and manner that is acceptable to the Commission; and

  (B) for a period of at least 5 years.
• 7 U.S.C. § 7(d)(19)(B)

  Go to provision →
  (B) impose any material anticompetitive burden on trading on the contract market.
• 7 U.S.C. § 7(d)(20)(C)

  Go to provision →
  (C) periodically conduct tests to verify that backup resources are sufficient to ensure continued order processing and trade matching, price reporting, market surveillance, and maintenance of a comprehensive and accurate audit trail.
• 7 U.S.C. § 7(d)(21)(B)

  Go to provision →
  (B) The financial resources of the board of trade shall be considered to be adequate if the value of the financial resources exceeds the total amount that would enable the contract market to cover the operating costs of the contract market for a 1-year period, as calculated on a rolling basis.
• 7 U.S.C. § 7(e)(1)

  Go to provision →
  (1) Subject to paragraph (2) of this subsection, a contract for purchase or sale for future delivery of an agricultural commodity enumerated in section 1a(9) of this title that is available for trade on a contract market, as of December 21, 2000, may be traded only on a contract market designated under this section.
• 7 U.S.C. § 7a–1(c)(2)(B)(ii)(I)

  Go to provision →
  (I) enable the organization to meet its financial obligations to its members and participants notwithstanding a default by the member or participant creating the largest financial exposure for that organization in extreme but plausible market conditions; and
• 7 U.S.C. § 7a–1(c)(2)(D)(iv)

  Go to provision →
  (iv) The margin required from each member and participant of a derivatives clearing organization shall be sufficient to cover potential exposures in normal market conditions.
• 7 U.S.C. § 7a–1(c)(2)(F)(iii)

  Go to provision →
  (iii) Funds and assets invested by a derivatives clearing organization shall be held in instruments with minimal credit, market, and liquidity risks.
• 7 U.S.C. § 7a–1(c)(2)(L)(i)

  Go to provision →
  (i) Each derivatives clearing organization shall provide to market participants sufficient information to enable the market participants to identify and evaluate accurately the risks and costs associated with using the services of the derivatives clearing organization.
• 7 U.S.C. § 7a–1(c)(2)(L)(ii)

  Go to provision →
  (ii) Each derivatives clearing organization shall make information concerning the rules and operating and default procedures governing the clearing and settlement systems of the derivatives clearing organization available to market participants.
• 7 U.S.C. § 7a–1(c)(2)(Q)

  Go to provision →
  (Q) Each derivatives clearing organization shall ensure that the composition of the governing board or committee of the derivatives clearing organization includes market participants.
• 7 U.S.C. § 7a–1(d)

  Go to provision →
  (d) A derivatives clearing organization shall be deemed to be registered under this section to the extent that the derivatives clearing organization clears agreements, contracts, or transactions for a board of trade that has been designated by the Commission as a contract market for such agreements, contracts, or transactions before December 21, 2000.
• 7 U.S.C. § 7a–2(b)(1)

  Go to provision →
  (1) A contract market, derivatives transaction execution facility, or electronic trading facility with respect to a significant price discovery contract may comply with any applicable core principle through delegation of any relevant function to a registered futures association or a registered entity that is not an electronic trading facility.
• 7 U.S.C. § 7a–2(b)(2)

  Go to provision →
  (2) A contract market, derivatives transaction execution facility, or electronic trading facility that delegates a function under paragraph (1) shall remain responsible for carrying out the function.
• 7 U.S.C. § 7a–2(b)(3)

  Go to provision →
  (3) If a contract market, derivatives transaction execution facility, or electronic trading facility that delegates a function under paragraph (1) becomes aware that a delegated function is not being performed as required under this chapter, the contract market, derivatives transaction execution facility, or electronic trading facility shall promptly take steps to address the noncompliance.
• 7 U.S.C. § 7a–2(c)(4)(B)

  Go to provision →
  (B) Notwithstanding any other provision of this section, a designated contract market shall submit to the Commission for prior approval each rule amendment that materially changes the terms and conditions, as determined by the Commission, in any contract of sale for future delivery of a commodity specifically enumerated in section 1a(10)¹ of this title (or any option thereon) traded through its facilities if the rule amendment applies to contracts and delivery months which have already been listed for trading and have open interest.
• 7 U.S.C. § 7a–2(c)(5)(C)(i)

  Go to provision →
  (i) In connection with the listing of agreements, contracts, transactions, or swaps in excluded commodities that are based upon the occurrence, extent of an occurrence, or contingency (other than a change in the price, rate, value, or levels of a commodity described in section 1a(2)(i)² of this title), by a designated contract market or swap execution facility, the Commission may determine that such agreements, contracts, or transactions are contrary to the public interest if the agreements, contracts, or transactions involve—

  (I) activity that is unlawful under any Federal or State law;

  (II) terrorism;

  (III) assassination;

  (IV) war;

  (V) gaming; or

  (VI) other similar activity determined by the Commission, by rule or regulation, to be contrary to the public interest.
• 7 U.S.C. § 7a–2(f)

  Go to provision →
  (f) Consistent with this chapter, each designated contract market and registered derivatives transaction execution facility shall issue such rules as are necessary to avoid duplicative or conflicting rules applicable to any futures commission merchant registered with the Commission pursuant to section 6f(a) of this title (except paragraph (2) thereof), that is also registered with the Securities and Exchange Commission pursuant to section 78o(b) of title 15 (except paragraph (11) thereof) with respect to the application of—

  (1) rules of such designated contract market or registered derivatives transaction execution facility of the type specified in section 6d(e) of this title involving security futures products; and

  (2) similar rules of national securities associations registered pursuant to section 78o–3(a) of title 15 and national securities exchanges registered pursuant to section 78f(g) of title 15 involving security futures products.
• 7 U.S.C. § 7a–2(f)(1)

  Go to provision →
  (1) rules of such designated contract market or registered derivatives transaction execution facility of the type specified in section 6d(e) of this title involving security futures products; and
• 7 U.S.C. § 7b–1(a)

  Go to provision →
  (a) Any board of trade that is registered with the Securities and Exchange Commission as a national securities exchange, is a national securities association registered pursuant to section 78o–3(a) of title 15, or is an alternative trading system shall be a designated contract market in security futures products if—

  (1) such national securities exchange, national securities association, or alternative trading system lists or trades no other contracts of sale for future delivery, except for security futures products;

  (2) such national securities exchange, national securities association, or alternative trading system files written notice with the Commission in such form as the Commission, by rule, may prescribe containing such information as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of customers; and

  (3) the registration of such national securities exchange, national securities association, or alternative trading system is not suspended pursuant to an order by the Securities and Exchange Commission.

  Such designation shall be effective contemporaneously with the submission of notice, in written or electronic form, to the Commission.
• 7 U.S.C. § 7b–1(b)(1)

  Go to provision →
  (1) A national securities exchange, national securities association, or alternative trading system that is designated as a contract market pursuant to this section shall be exempt from the following provisions of this chapter and the rules thereunder:

  (A) Subsections (c), (e), and (g) of section 6c of this title.

  (B) Section 6j of this title.

  (C) Section 7 of this title.

  (D) Section 7a–2 of this title.

  (E) Section 10a of this title.

  (F) Section 12(d) of this title.

  (G) Section 13(f)¹ of this title.

  (H) Section 20 of this title.
• 7 U.S.C. § 7b–1(b)(2)

  Go to provision →
  (2) An alternative trading system that is a designated contract market under this section shall be required to be a member of a futures association registered under section 21 of this title and shall be exempt from any provision of this chapter that would require such alternative trading system to—

  (A) set rules governing the conduct of subscribers other than the conduct of such subscribers’ trading on such alternative trading system; or

  (B) discipline subscribers other than by exclusion from trading.
• 7 U.S.C. § 7b–1(b)(4)(A)

  Go to provision →
  (A) Except as provided in subparagraph (B), but notwithstanding any other provision of this chapter, the Commission, by rule, regulation, or order, may conditionally or unconditionally exempt any designated contract market in security futures subject to the designation requirement of this section from any provision of this chapter or of any rule or regulation thereunder, to the extent such exemption is necessary or appropriate in the public interest and is consistent with the protection of investors.
• 7 U.S.C. § 7b–1(b)(4)(C)

  Go to provision →
  (C) An alternative trading system shall not be deemed to be an exchange for any purpose as a result of the designation of such alternative trading system as a contract market under this section.
• 7 U.S.C. § 7b–3(a)(1)

  Go to provision →
  (1) No person may operate a facility for the trading or processing of swaps unless the facility is registered as a swap execution facility or as a designated contract market under this section.
• 7 U.S.C. § 7b–3(c)

  Go to provision →
  (c) A board of trade that operates a contract market shall, to the extent that the board of trade also operates a swap execution facility and uses the same electronic trade execution system for listing and executing trades of swaps on or through the contract market and the swap execution facility, identify whether the electronic trading of such swaps is taking place on or through the contract market or the swap execution facility.
• 7 U.S.C. § 7b–3(e)

  Go to provision →
  (e) The goal of this section is to promote the trading of swaps on swap execution facilities and to promote pre-trade price transparency in the swaps market.
• 7 U.S.C. § 7b–3(f)(2)(B)(i)

  Go to provision →
  (i) to provide market participants with impartial access to the market; and
• 7 U.S.C. § 7b–3(f)(6)(A)

  Go to provision →
  (A) To reduce the potential threat of market manipulation or congestion, especially during trading in the delivery month, a swap execution facility that is a trading facility shall adopt for each of the contracts of the facility, as is necessary and appropriate, position limitations or position accountability for speculators.
• 7 U.S.C. § 7b–3(f)(14)(C)(iii)

  Go to provision →
  (iii) market surveillance and
• 7 U.S.C. § 8(a)

  Go to provision →
  (a) Any person desiring to be designated or registered as a contract market or derivatives transaction execution facility shall make application to the Commission for the designation or registration and accompany the same with a showing that it complies with the conditions set forth in this chapter, and with a sufficient assurance that it will continue to comply with the the¹ requirements of this chapter. The Commission shall approve or deny an application for designation or registration as a contract market or derivatives transaction execution facility within 180 days of the filing of the application. If the Commission notifies the person that its application is materially incomplete and specifies the deficiencies in the application, the running of the 180-day period shall be stayed from the time of such notification until the application is resubmitted in completed form: Provided, That the Commission shall have not less than sixty days to approve or deny the application from the time the application is resubmitted in completed form. If the Commission denies an application, it shall specify the grounds for the denial. In the event of a refusal to designate or register as a contract market or derivatives transaction execution facility any person that has made application therefor, the person shall be afforded an opportunity for a hearing on the record before the Commission, with the right to appeal an adverse decision after such hearing to the court of appeals as provided for in other cases in subsection (b) of this section.
• 7 U.S.C. § 8(b)

  Go to provision →
  (b) The Commission is authorized to suspend for a period not to exceed 6 months or to revoke the designation or registration of any contract market or derivatives transaction execution facility on a showing that the contract market or derivatives transaction execution facility is not enforcing or has not enforced its rules of government, made a condition of its designation or registration as set forth in sections 7 through 7a–1 of this title or section 7b–1 of this title, or that the contract market or derivatives transaction execution facility or electronic trading facility, or any director, officer, agent, or employee thereof, otherwise is violating or has violated any of the provisions of this chapter or any of the rules, regulations, or orders of the Commission thereunder. Such suspension or revocation shall only be made after a notice to the officers of the contract market or derivatives transaction execution facility or electronic trading facility affected and upon a hearing on the record: Provided, That such suspension or revocation shall be final and conclusive, unless within fifteen days after such suspension or revocation by the Commission such person appeals to the court of appeals for the circuit in which it has its principal place of business, by filing with the clerk of such court a written petition praying that the order of the Commission be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such person will pay the costs of the proceedings if the court so directs. The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Commission and file in the court the record in such proceedings, as provided in section 2112 of title 28. The testimony and evidence taken or submitted before the Commission, duly filed as aforesaid as a part of the record, shall be considered by the court of appeals as the evidence in the case. Such a court may affirm or set aside the order of the Commission or may direct it to modify its order. No such order of the Commission shall be modified or set aside by the court of appeals unless it is shown by the person that the order is unsupported by the weight of the evidence or was issued without due notice and a reasonable opportunity having been afforded to such person for a hearing, or infringes the Constitution of the United States, or is beyond the jurisdiction of the Commission.
• 7 U.S.C. § 9(1)

  Go to provision →
  (1) It shall be unlawful for any person, directly or indirectly, to use or employ, or attempt to use or employ, in connection with any swap, or a contract of sale of any commodity in interstate commerce, or for future delivery on or subject to the rules of any registered entity, any manipulative or deceptive device or contrivance, in contravention of such rules and regulations as the Commission shall promulgate by not later than 1 year after July 21, 2010, provided no rule or regulation promulgated by the Commission shall require any person to disclose to another person nonpublic information that may be material to the market price, rate, or level of the commodity transaction, except as necessary to make any statement made to the other person in or in connection with the transaction not misleading in any material respect.

  (A) Unlawful manipulation for purposes of this paragraph shall include, but not be limited to, delivering, or causing to be delivered for transmission through the mails or interstate commerce, by any means of communication whatsoever, a false or misleading or inaccurate report concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce, knowing, or acting in reckless disregard of the fact that such report is false, misleading or inaccurate.

  (B) Nothing in this paragraph shall affect, or be construed to affect, the applicability of section 13(a)(2) of this title.

  (C) Mistakenly transmitting, in good faith, false or misleading or inaccurate information to a price reporting service would not be sufficient to violate paragraph (1)(A).
• 7 U.S.C. § 9(1)(A)

  Go to provision →
  (A) Unlawful manipulation for purposes of this paragraph shall include, but not be limited to, delivering, or causing to be delivered for transmission through the mails or interstate commerce, by any means of communication whatsoever, a false or misleading or inaccurate report concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce, knowing, or acting in reckless disregard of the fact that such report is false, misleading or inaccurate.
• 7 U.S.C. § 9b(2)(B)

  Go to provision →
  (B) such a rule promulgated by the Commission is not necessary or appropriate in the public interest, or for the protection of customers in the futures and options markets, or would be inconsistent with the maintenance of fair and orderly markets.
• 7 U.S.C. § 9c

  Go to provision →
  The Commission shall provide the Securities and Exchange Commission with notice of the commencement of any proceeding and a copy of any order entered by the Commission pursuant to section 9 and 13b of this title against any futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, any floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, any associated person exempt from registration pursuant to section 6k(6) of this title, or any board of trade designated as a contract market pursuant to section 7b–1 of this title.
• 7 U.S.C. § 10a(a)

  Go to provision →
  (a) No board of trade which has been designated or registered as a contract market or a derivatives transaction execution facility exclude¹ from membership in, and all privileges on, such board of trade, any association or corporation engaged in cash commodity business having adequate financial responsibility which is organized under the cooperative laws of any State, or which has been recognized as a cooperative association of producers by the United States Government or by any agency thereof, if such association or corporation complies and agrees to comply with such terms and conditions as are or may be imposed lawfully upon other members of such board, and as are or may be imposed lawfully upon a cooperative association of producers engaged in cash commodity business, unless such board of trade is authorized by the commission to exclude such association or corporation from membership and privileges after hearing held upon at least three days’ notice subsequent to the filing of complaint by the board of trade: Provided, however, That if any such association or corporation shall fail to meet its obligations with any established clearing house or clearing agency of any contract market, such association or corporation shall be ipso facto debarred from further trading on such contract market, except such trading as may be necessary to close open trades and to discharge existing contracts in accordance with the rules of such contract market applicable in such cases. Such commission may prescribe that such association or corporation shall have and retain membership and privileges, with or without imposing conditions, or it may permit such board of trade immediately to bar such association or corporation from membership and privileges. Any order of said commission entered hereunder shall be reviewable by the court of appeals for the circuit in which such association or corporation, or such board of trade, has its principal place of business, on written petition either of such association or corporation, or of such board of trade, under the procedure provided in section 8(b) of this title, but such order shall not be stayed by the court pending review.
• 7 U.S.C. § 10a(b)

  Go to provision →
  (b) No rule of any board of trade designated or registered as a contract market or a derivatives transaction execution facility shall forbid or be construed to forbid the payment of compensation on a commodity-unit basis, or otherwise, by any federated cooperative association to its regional member-associations for services rendered or to be rendered in connection with any organization work, educational activity, or procurement of patronage, provided no part of any such compensation is returned to patrons (whether members or nonmembers) of such cooperative association, or of its regional or local member-associations, otherwise than as a dividend on capital stock or as a patronage dividend out of the net earnings or surplus of such federated cooperative association.
• 7 U.S.C. § 12(a)(1)

  Go to provision →
  (1) For the efficient execution of the provisions of this chapter, and in order to provide information for the use of Congress, the Commission may make such investigations as it deems necessary to ascertain the facts regarding the operations of boards of trade and other persons subject to the provisions of this chapter. The Commission may publish from time to time the results of any such investigation and such general statistical information gathered therefrom as it deems of interest to the public: Provided, That except as otherwise specifically authorized in this chapter, the Commission may not publish data and information that would separately disclose the business transactions or market positions of any person and trade secrets or names of customers: Provided further, That the Commission may withhold from public disclosure any data or information concerning or obtained in connection with any pending investigation of any person. The Commission shall not be compelled to disclose any information or data obtained from a foreign futures authority if—

  (A) the foreign futures authority has in good faith determined and represented to the Commission that disclosure of such information or data by that foreign futures authority would violate the laws applicable to that foreign futures authority; and

  (B) the Commission obtains such information pursuant to—

  (i) such procedure as the Commission may authorize for use in connection with the administration or enforcement of this chapter; or

  (ii) a memorandum of understanding with that foreign futures authority;

  except that nothing in this subsection shall prevent the Commission from disclosing publicly any information or data obtained by the Commission from a foreign futures authority when such disclosure is made in connection with a congressional proceeding, an administrative or judicial proceeding commenced by the United States or the Commission, in any receivership proceeding involving a receiver appointed in a judicial proceeding commenced by the United States or the Commission, or in any proceeding under title 11 in which the Commission has intervened or in which the Commission has the right to appear and be heard. Nothing in this subsection shall be construed to authorize the Commission to withhold information or data from Congress. For purposes of section 552 of title 5, this subsection shall be considered a statute described in subsection (b)(3)(B) of section 552.
• 7 U.S.C. § 12(a)(3)

  Go to provision →
  (3) The Commission shall provide the Securities and Exchange Commission with notice of the commencement of any proceeding and a copy of any order entered by the Commission against any futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, any floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, any associated person exempt from registration pursuant to section 6k(6) of this title, or any board of trade designated as a contract market pursuant to section 7b–1 of this title.
• 7 U.S.C. § 12(b)

  Go to provision →
  (b) The Commission may disclose publicly any data or information that would separately disclose the market positions, business transactions, trade secrets, or names of customers of any person when such disclosure is made in connection with a congressional proceeding, in an administrative or judicial proceeding brought under this chapter, in any receivership proceeding involving a receiver appointed in a judicial proceeding brought under this chapter, or in any bankruptcy proceeding in which the Commission has intervened or in which the Commission has the right to appear and be heard under title 11. This subsection shall not apply to the disclosure of data or information obtained by the Commission from a foreign futures authority.
• 7 U.S.C. § 12(d)

  Go to provision →
  (d) The Commission, upon its own initiative or in cooperation with existing governmental agencies, shall investigate the marketing conditions of commodities and commodity products and byproducts, including supply and demand for these commodities, cost to the consumer, and handling and transportation charges. It shall also compile and furnish to producers, consumers, and distributors, by means of regular or special reports, or by such other methods as it deems most effective, information respecting the commodity markets, together with information on supply, demand, prices, and other conditions in this and other countries that affect the markets.
• 7 U.S.C. § 12(e)

  Go to provision →
  (e) The Commission may disclose and make public, where such information has previously been disclosed publicly in accordance with the provisions of this section, the names and addresses of all traders on the boards of trade on the commodity markets with respect to whom the Commission has information, and any other information in the possession of the Commission relating to the amount of commodities purchased or sold by each such trader. Upon the request of any committee of either House of Congress, acting within the scope of its jurisdiction, the Commission shall furnish to such committee the names and addresses of all traders on such boards of trade with respect to whom the Commission has information, and any other information in the possession of the Commission relating to the amount of any commodity purchased or sold by each such trader. Upon the request of any department or agency of the Government of the United States, acting within the scope of its jurisdiction, the Commission may furnish to such department or agency any information in the possession of the Commission obtained in connection with the administration of this chapter. However, any information furnished under this subsection to any Federal department or agency shall not be disclosed by such department or agency except in any action or proceeding under the laws of the United States to which it, the Commission, or the United States is a party. Upon the request of any department or agency of any State or any political subdivision thereof, acting within the scope of its jurisdiction, any foreign futures authority, or any department or agency of any foreign government or any political subdivision thereof, acting within the scope of its jurisdiction, the Commission may furnish to such foreign futures authority, department or agency any information in the possession of the Commission obtained in connection with the administration of this chapter. Any information furnished to any department or agency of any State or political subdivision thereof shall not be disclosed by such department or agency except in connection with an adjudicatory action or proceeding brought under this chapter or the laws of such State or political subdivision to which such State or political subdivision or any department or agency thereof is a party. The Commission shall not furnish any information to a foreign futures authority or to a department, central bank and ministries, or agency of a foreign government or political subdivision thereof unless the Commission is satisfied that the information will not be disclosed by such foreign futures authority, department, central bank and ministries, or agency except in connection with an adjudicatory action or proceeding brought under the laws of such foreign government or political subdivision to which such foreign government or political subdivision or any department, central bank and ministries, or agency thereof, or foreign futures authority, is a party.
• 7 U.S.C. § 12a(6)

  Go to provision →
  (6) to communicate to the proper committee or officer of any registered entity, registered futures association, or self-regulatory organization as defined in section 3(a)(26) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(26)], notwithstanding the provisions of section 12 of this title, the full facts concerning any transaction or market operation, including the names of parties thereto, which in the judgment of the Commission disrupts or tends to disrupt any market or is otherwise harmful or against the best interests of producers, consumers, or investors, or which is necessary or appropriate to effectuate the purposes of this chapter: Provided, That any information furnished by the Commission under this paragraph shall not be disclosed by such registered entity, registered futures association, or self-regulatory organization except in any self-regulatory action or proceeding;
• 7 U.S.C. § 12a(9)

  Go to provision →
  (9) to direct the registered entity, whenever it has reason to believe that an emergency exists, to take such action as in the Commission’s judgment is necessary to maintain or restore orderly trading in or liquidation of any futures contract, including, but not limited to, the setting of temporary emergency margin levels on any futures contract, and the fixing of limits that may apply to a market position acquired in good faith prior to the effective date of the Commission’s action. The term “emergency” as used herein shall mean, in addition to threatened or actual market manipulations and corners, any act of the United States or a foreign government affecting a commodity or any other major market disturbance which prevents the market from accurately reflecting the forces of supply and demand for such commodity. Any action taken by the Commission under this paragraph shall be subject to review only in the United States Court of Appeals for the circuit in which the party seeking review resides or has its principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit. Such review shall be based upon an examination of all the information before the Commission at the time the determination was made. The court reviewing the Commission’s action shall not enter a stay or order of mandamus unless it has determined, after notice and hearing before a panel of the court, that the agency action complained of was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Nothing herein shall be deemed to limit the meaning or interpretation given by a registered entity to the terms “market emergency”, “emergency”, or equivalent language in its own bylaws, rules, regulations, or resolutions;
• 7 U.S.C. § 12a(11)(A)

  Go to provision →
  (A) by written notice served on the person and pursuant to such rules, regulations, and orders as the Commission may adopt, to suspend or modify the registration of any person registered under this chapter who is charged (in any information, indictment, or complaint authorized by a United States attorney or an appropriate official of any State) with the commission of or participation in a crime involving a violation of this chapter, or a violation of any other provision of Federal or State law that would reflect on the honesty or the fitness of the person to act as a fiduciary (including an offense specified in subparagraph (D) or (E) of paragraph (2)) that is punishable by imprisonment for a term exceeding one year, if the Commission determines that continued registration of the person may pose a threat to the public interest or may threaten to impair public confidence in any market regulated by the Commission.
• 7 U.S.C. § 12a(11)(B)

  Go to provision →
  (B) Prior to the suspension or modification of the registration of a person under this paragraph, the person shall be afforded an opportunity for a hearing at which the Commission shall have the burden of showing that the continued registration of the person does, or is likely to, pose a threat to the public interest or threaten to impair public confidence in any market regulated by the Commission.
• 7 U.S.C. § 12d

  Go to provision →
  The Commission may, in accordance with the procedures provided for in this chapter, refuse to register, register conditionally, or suspend, place restrictions upon, or revoke the registration of, any person, and may bar for any period as it deems appropriate any person from using or participating in any manner in any market regulated by the Commission, if such person is subject to a final decision or order of any court of competent jurisdiction or agency of the United States finding such person to have knowingly violated any provision of the export sales reporting requirements of section 612c–3¹ of this title, or of any regulation issued thereunder.
• 7 U.S.C. § 13(a)(1)

  Go to provision →
  (1) Any person registered or required to be registered under this chapter, or any employee or agent thereof, to embezzle, steal, purloin, or with criminal intent convert to such person’s use or to the use of another, any money, securities, or property having a value in excess of $100, which was received by such person or any employee or agent thereof to margin, guarantee, or secure the trades or contracts of any customer or accruing to such customer as a result of such trades or contracts or which otherwise was received from any customer, client, or pool participant in connection with the business of such person. The word “value” as used in this paragraph means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.
• 7 U.S.C. § 13(a)(2)

  Go to provision →
  (2) Any person to manipulate or attempt to manipulate the price of any commodity in interstate commerce, or for future delivery on or subject to the rules of any registered entity, or of any swap, or to corner or attempt to corner any such commodity or knowingly to deliver or cause to be delivered for transmission through the mails or interstate commerce by telegraph, telephone, wireless, or other means of communication false or misleading or knowingly inaccurate reports concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce, or knowingly to violate the provisions of section 6, section 6b, subsections (a) through (e) of subsection¹ 6c, section 6h, section 6o(1), or section 23 of this title.
• 7 U.S.C. § 13(b)

  Go to provision →
  (b) Any person convicted of a felony under this section shall be suspended from registration under this chapter and shall be denied registration or reregistration for five years or such longer period as the Commission may determine, and barred from using, or participating in any manner in, any market regulated by the Commission for five years or such longer period as the Commission shall determine, on such terms and conditions as the Commission may prescribe, unless the Commission determines that the imposition of such suspension, denial of registration or reregistration, or market bar is not required to protect the public interest. The Commission may upon petition later review such disqualification and market bar and for good cause shown reduce the period thereof.
• 7 U.S.C. § 13a–1(h)

  Go to provision →
  (h) The Commission shall provide the Securities and Exchange Commission with notice of the commencement of any proceeding and a copy of any order entered by the Commission against any futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, any floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, any associated person exempt from registration pursuant to section 6k(6) of this title, or any board of trade designated as a contract market pursuant to section 7b–1 of this title.
• 7 U.S.C. § 13a–2(1)

  Go to provision →
  (1) Whenever it shall appear to the attorney general of any State, the administrator of the securities laws of any State, or such other official as a State may designate, that the interests of the residents of that State have been, are being, or may be threatened or adversely affected because any person (other than a contract market, derivatives transaction execution facility, clearinghouse, floor broker, or floor trader) has engaged in, is engaging or is about to engage in, any act or practice constituting a violation of any provision of this chapter or any rule, regulation, or order of the Commission thereunder, the State may bring a suit in equity or an action at law on behalf of its residents to enjoin such act or practice, to enforce compliance with this chapter, or any rule, regulation, or order of the Commission thereunder, to obtain damages on behalf of their residents, or to obtain such further and other relief as the court may deem appropriate.
• 7 U.S.C. § 15b(c)(1)

  Go to provision →
  (1) The term “cotton futures contract” means any contract of sale of cotton for future delivery made at, on, or in any exchange, board of trade, or similar institution or place of business which has been designated a “contract market” by the Commodity Futures Trading Commission pursuant to the Commodity Exchange Act [7 U.S.C. 1 et seq.] and the term “contract of sale” as so used shall be held to include sales, agreements of sale, and agreements to sell, except that—

  (A) any cotton futures contract that, by its terms, is settled in cash is excluded from the coverage of this paragraph and section; and

  (B) any cotton futures contract that permits tender of cotton grown outside of the United States is excluded from the coverage of this paragraph and section to the extent that the cotton grown outside of the United States is tendered for delivery under the cotton futures contract.
• 7 U.S.C. § 15b(d)(1)

  Go to provision →
  (1) For purposes of this section, the only markets which shall be considered bona fide spot markets shall be those which the Secretary shall, from time to time, after investigation, determine and designate to be such, and of which he shall give public notice.
• 7 U.S.C. § 15b(d)(2)

  Go to provision →
  (2) In determining, pursuant to the provisions of this section, what markets are bona fide spot markets, the Secretary is directed to consider only markets in which spot cotton is sold in such volume and under such conditions as customarily to reflect accurately the value of middling cotton and the differences between the prices or values of middling cotton and of other grades of cotton for which standards shall have been established by the Secretary; except that if there are not sufficient places, in the markets of which are made bona fide sales of spot cotton of grades for which standards are established by the Secretary, to enable him to designate at least five spot markets in accordance with subsection (f)(3), he shall, from data as to spot sales collected by him, make rules and regulations for determining the actual commercial differences in the value of spot cotton of the grades established by him as reflected by bona fide sales of spot cotton, of the same or different grades, in the market selected and designated by him, from time to time, for that purpose, and in that event differences in value of cotton of various grades involved in contracts made pursuant to subsection (f)(1) and (2) shall be determined in compliance with such rules and regulations. It shall be the duty of any person engaged in the business of dealing in cotton, when requested by the Secretary or any agent acting under his instructions, to answer correctly to the best of his knowledge, under oath or otherwise, all questions touching his knowledge of the number of bales, the classification, the price or bona fide price offered, and other terms of purchase or sale, of any cotton involved in any transaction participated in by him, or to produce all books, letters, papers, or documents in his possession or under his control relating to such matter. A person complying with the preceding sentence shall not be liable for any loss or damage arising or resulting from such compliance.
• 7 U.S.C. § 15b(f)(3)

  Go to provision →
  (3) For the purpose of this subsection, the differences above or below the contract price which the receiver shall pay for cotton of grades above or below the basic¹ grade in the settlement of a contract of sale for the future delivery of cotton shall be determined by the actual commercial differences in value thereof upon the sixth business day prior to the day fixed, in accordance with paragraph (1)(F), for the delivery of cotton on the contract, established by the sale of spot cotton in the spot markets of not less than five places designated for the purpose from time to time by the Secretary, as such values were established by the sales of spot cotton, in such designated five or more markets. For purposes of this paragraph, such values in the such spot markets shall be based upon the standards for grades of cotton established by the Secretary. Whenever the value of one grade is to be determined from the sale or sales of spot cotton of another grade or grades, such value shall be fixed in accordance with rules and regulations which shall be prescribed for the purpose by the Secretary.
• 7 U.S.C. § 15b(l)

  Go to provision →
  (l) The provisions of this section shall not apply to any cotton futures contract entered into prior to the effective date of this section or to any act or failure to act by any person prior to such effective date and all such prior contracts, acts or failure to act shall continue to be governed by the applicable provisions of the Internal Revenue Code of 1954² as in effect prior to the enactment of this section. All designations of bona fide spot markets and all rules and regulations issued by the Secretary pursuant to the applicable provisions of the Internal Revenue Code of 1954² which were in effect on the effective date of this section, shall remain fully effective as designations and regulations under this section until superseded, amended, or terminated by the Secretary.
• 7 U.S.C. § 16(e)(1)(B)(ii)

  Go to provision →
  (ii) (except as otherwise specified by the Commission by rule or regulation) that is not conducted on or subject to the rules of any board of trade, exchange, or market located outside the United States, its territories or possessions; or
• 7 U.S.C. § 18(e)

  Go to provision →
  (e) Any order of the Commission entered hereunder shall be reviewable on petition of any party aggrieved thereby, by the United States Court of Appeals for any circuit in which a hearing was held, or if no hearing was held, any circuit in which the appellee is located, under the procedure provided in section 9 of this title. Such appeal shall not be effective unless within 30 days from and after the date of the reparation order the appellant also files with the clerk of the court a bond in double the amount of the reparation awarded against the appellant conditioned upon the payment of the judgment entered by the court, plus interest and costs, including a reasonable attorney’s fee for the appellee, if the appellee shall prevail. Such bond shall be in the form of cash, negotiable securities having a market value at least equivalent to the amount of bond prescribed, or the undertaking of a surety company on the approved list of sureties issued by the Treasury Department of the United States. The appellee shall not be liable for costs in said court. If the appellee prevails, he shall be allowed a reasonable attorney’s fee to be taxed and collected as a part of his costs.
• 7 U.S.C. § 19(a)(2)(A)

  Go to provision →
  (A) considerations of protection of market participants and the public;
• 7 U.S.C. § 19(a)(2)(B)

  Go to provision →
  (B) considerations of the efficiency, competitiveness, and financial integrity of futures markets;
• 7 U.S.C. § 19(b)

  Go to provision →
  (b) The Commission shall take into consideration the public interest to be protected by the antitrust laws and endeavor to take the least anticompetitive means of achieving the objectives of this chapter, as well as the policies and purposes of this chapter, in issuing any order or adopting any Commission rule or regulation (including any exemption under section 6(c) or 6c(b) of this title), or in requiring or approving any bylaw, rule, or regulation of a contract market or registered futures association established pursuant to section 21 of this title.
• 7 U.S.C. § 20(a)

  Go to provision →
  (a) The Commission may conduct regular investigations of the markets for goods, articles, services, rights, and interests which are the subject of futures contracts, and furnish reports of the findings of these investigations to the public on a regular basis. These market reports shall, where appropriate, include information on the supply, demand, prices, and other conditions in the United States and other countries with respect to such goods, articles, services, rights, interests, and information respecting the futures markets.
• 7 U.S.C. § 20(b)

  Go to provision →
  (b) The Commission shall cooperate with the Department of Agriculture and any other Department or Federal agency which makes market investigations to avoid unnecessary duplication of information-gathering activities.
• 7 U.S.C. § 20(c)

  Go to provision →
  (c) The Department of Agriculture and any other Department or Federal agency which has market information sought by the Commission shall furnish it to the Commission upon the request of any authorized employee of the Commission. The Commission shall abide by any rules of confidentiality applying to such information.
• 7 U.S.C. § 20(d)

  Go to provision →
  (d) The Commission shall not disclose in such reports data and information which would separately disclose the business transactions or market positions of any person and trade secrets or names of customers except as provided in section 12 of this title.
• 7 U.S.C. § 22(a)

  Go to provision →
  (a) The Commission shall establish and maintain, as part of its ongoing operations, research and information programs to (1) determine the feasibility of trading by computer, and the expanded use of modern information system technology, electronic data processing, and modern communication systems by commodity exchanges, boards of trade, and by the Commission itself for purposes of improving, strengthening, facilitating, or regulating futures trading operations; (2) assist in the development of educational and other informational materials regarding futures trading for dissemination and use among producers, market users, and the general public; and (3) carry out the general purposes of this chapter.
• 7 U.S.C. § 25(a)(6)

  Go to provision →
  (6) A contract of sale of a commodity for future delivery traded or executed on or through the facilities of a board of trade, exchange, or market located outside the United States for purposes of section 6(a) of this title shall not be void, voidable, or unenforceable, and a party to such a contract shall not be entitled to rescind or recover any payment made with respect to the contract, based on the failure of the foreign board of trade to comply with any provision of this chapter.
• 7 U.S.C. § 26(h)(2)(C)(iii)(I)(bb)

  Go to provision →
  (bb) on what impact the exemption has had on the public’s ability to access information about the Commission’s regulation of commodity futures and option markets; and
• 7 U.S.C. § 27c(b)(3)

  Go to provision →
  (3) the issuer of the hybrid instrument is not subject by the terms of the instrument to mark-to-market margining requirements; and
• 7 U.S.C. § 27c(c)

  Go to provision →
  (c) For purposes of subsection (b)(3) of this title, mark-to-market margining requirements shall not include the obligation of an issuer of a secured debt instrument to increase the amount of collateral held in pledge for the benefit of the purchaser of the secured debt instrument to secure the repayment obligations of the issuer under the secured debt instrument.
• 7 U.S.C. § 74(b)(3)(D)

  Go to provision →
  (D) provide the framework necessary for markets to establish grain quality improvement incentives;
• 7 U.S.C. § 76(b)(2)(A)(i)(II)

  Go to provision →
  (II) result in the maintenance or expansion of the United States export market share for wheat, corn, barley, sorghum and soybeans;
• 7 U.S.C. § 79(j)(2)

  Go to provision →
  (2) Each designated official agency and each State agency to which authority has been delegated under subsection (e) of this section shall pay to the Secretary fees in such amount as the Secretary determines fair and reasonable and as will cover the estimated costs incurred by the Secretary relating to supervision of official agency personnel and supervision by the Secretary of the Secretary’s field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 85, 86, and 87c of this title. The fees shall be payable after the services are performed at such times as specified by the Secretary and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Secretary, of the fee currently due plus interest and any further expenses incurred by the Secretary because of such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary and adjusted to the nearest one-eighth of 1 per centum.
• 7 U.S.C. § 79a(l)(2)

  Go to provision →
  (2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Secretary fees in such amount as the Secretary determines fair and reasonable and as will cover the costs incurred by the Secretary relating to supervision of the agency personnel and supervision by the Secretary of the Secretary’s field office personnel incurred as a result of the functions performed by such agencies, except costs incurred under sections 79(g)(3), 85, 86, and 87c of this title. The fees shall be payable after the services are performed at such times as specified by the Secretary and shall be deposited in the fund created in section 79(j) of this title. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Secretary, of the fee currently due plus interest and any further expenses incurred by the Secretary because of such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum.
• 7 U.S.C. § 87a(b)

  Go to provision →
  (b) Every official agency, every State agency delegated authority under this chapter, and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this chapter required to maintain records under this section shall keep such records for a period of five years after the inspection, weighing, or transaction, which is the subject of the record, occurred: Provided, That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Secretary, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Secretary to be maintained for not more than three years in addition to the five-year period whenever in the judgment of the Secretary the retention of such records for the longer period is necessary for the effective administration and enforcement of this chapter.
• 7 U.S.C. § 97

  Go to provision →
  The Secretary of Agriculture is hereby authorized to purchase from time to time in open market samples of spirits of turpentine and of anything offered for sale as such for the purpose of analysis, classification, or grading and of detecting any violation of this chapter. He shall report to the Department of Justice for appropriate action any violation of this chapter coming to his knowledge. He is also authorized to publish from time to time results of any analysis, classification, or grading of spirits of turpentine and of anything offered for sale as such made by him under any provision of this chapter.
• 7 U.S.C. § 136h(a)

  Go to provision →
  (a) In submitting data required by this subchapter, the applicant may (1) clearly mark any portions thereof which in the applicant’s opinion are trade secrets or commercial or financial information and (2) submit such market material separately from other material required to be submitted under this subchapter.
• 7 U.S.C. § 136m(c)(1)

  Go to provision →
  (1) The amount of an indemnity payment under subsection (a) or (b) to any person shall be determined on the basis of the cost of the pesticide owned by the person (other than the cost of transportation, if any) immediately before the issuance of the notice to the registrant referred to in subsection (a)(1)(A), (b)(1)(A), or (b)(2)(B)(i), except that in no event shall an indemnity payment to any person exceed the fair market value of the pesticide owned by the person immediately before the issuance of the notice.
• 7 U.S.C. § 178c(b)(9)

  Go to provision →
  (9) studying the economic feasibility of developing other native agricultural crops (in addition to Parthenium and other hydrocarbon-containing plants, and including hemp (as defined in section 1639o of this title)) that would supply critical agricultural materials for strategic and industrial purposes, carrying out demonstration projects to promote the development or commercialization of such crops (including projects designed to expand domestic or foreign markets for such crops), and, to the extent appropriate, carrying out research activities with respect to such crops in the manner specified in paragraphs (1) through (8).
• 7 U.S.C. § 202(a)

  Go to provision →
  (a) When used in this subchapter the term “stockyard” means any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce.
• 7 U.S.C. § 208(b)

  Go to provision →
  (b) It shall be the responsibility and right of every stockyard owner to manage and regulate his stockyard in a just, reasonable, and nondiscriminatory manner, to prescribe rules and regulations and to require those persons engaging in or attempting to engage in the purchase, sale, or solicitation of livestock at such stockyard to conduct their operations in a manner which will foster, preserve, or insure an efficient, competitive public market. Such rules and regulations shall not prevent a registered market agency or dealer from rendering service on other markets or in occasional and incidental off-market transactions.
• 7 U.S.C. § 228d(3)

  Go to provision →
  (3) identifies market operations or activities in those industries that appear to raise concerns under this chapter.
• 7 U.S.C. § 291

  Go to provision →
  Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in interstate and foreign commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however, That such associations are operated for the mutual benefit of the members thereof, as such producers, and conform to one or both of the following requirements:
• 7 U.S.C. § 398

  Go to provision →
  The Secretary of Agriculture may purchase in the open market from applicable appropriations samples of all tuberculin, serums, antitoxins, or analogous products, of foreign or domestic manufacture, which are sold in the United States, for the detection, prevention, treatment, or cure of diseases of domestic animals, test the same, and disseminate the results of said tests in such manner as he may deem best.
• 7 U.S.C. § 453(b)(3)

  Go to provision →
  (3) To make surveys and analyses if deemed advisable of the accounts and business practices of representative cooperative associations upon their request; to report to the association so surveyed the results thereof; and with the consent of the association so surveyed to publish summaries of the results of such surveys, together with similar facts, for the guidance of cooperative associations and for the purpose of assisting cooperative associations in developing methods of business and market analysis.
• 7 U.S.C. § 453(b)(4)

  Go to provision →
  (4) To confer and advise with committees or groups of producers, if deemed advisable, that may be desirous of forming a cooperative association and to make an economic survey and analysis of the facts surrounding the production and marketing of the agricultural product or products which the association, if formed, would handle or market.
• 7 U.S.C. § 455

  Go to provision →
  Persons engaged, as original producers of agricultural products, such as farmers, planters, ranchmen, dairymen, nut or fruit growers, acting together in associations, corporate or otherwise, in collectively processing, preparing for market, handling, and marketing in interstate and/or foreign commerce such products of persons so engaged, may acquire, exchange, interpret, and disseminate past, present, and prospective crop, market, statistical, economic, and other similar information by direct exchange between such persons, and/or such associations or federations thereof, and/or by and through a common agent created or selected by them.
• 7 U.S.C. § 473b

  Go to provision →
  The Secretary of Agriculture is also authorized and directed to collect, authenticate, publish, and distribute, by telegraph, radio, mail, or otherwise, timely information on the market supply, demand, location, condition, and market prices for cotton, and to cause to be prepared regularly and distributed for posting at gins, in post offices, or in other public or conspicuous places in cotton-growing communities, information on prices for the various grades and staple lengths of cotton.
• 7 U.S.C. § 499g(c)

  Go to provision →
  (c) Either party adversely affected by the entry of a reparation order by the Secretary may, within thirty days from and after the date of such order, appeal therefrom to the district court of the United States for the district in which said hearing was held: Provided, That in cases handled without a hearing in accordance with subsections (c) and (d) of section 499f of this title or in which a hearing has been waived by agreement of the parties, appeal shall be to the district court of the United States for the district in which the party complained against is located. Such appeal shall be perfected by the filing with the clerk of said court a notice of appeal, together with a petition in duplicate which shall recite prior proceedings before the Secretary and shall state the grounds upon which the petitioner relies to defeat the right of the adverse party to recover the damages claimed, with proof of service thereof upon the adverse party. Such appeal shall not be effective unless within thirty days from and after the date of the reparation order the appellant also files with the clerk a bond in double the amount of the reparation awarded against the appellant conditioned upon the payment of the judgment entered by the court, plus interest and costs, including a reasonable attorney’s fee for the appellee, if the appellee shall prevail. Such bond shall be in the form of cash, negotiable securities having a market value at least equivalent to the amount of bond prescribed, or the undertaking of a surety company on the approved list of sureties issued by the Treasury Department of the United States. The clerk of court shall immediately forward a copy thereof to the Secretary of Agriculture, who shall forthwith prepare, certify, and file in said court a true copy of the Secretary’s decision, findings of fact, conclusions, and order in said case, together with copies of the pleadings upon which the case was heard and submitted to the Secretary. Such suit in the district court shall be a trial de novo and shall proceed in all respects like other civil suits for damages, except that the findings of fact and order or orders of the Secretary shall be prima-facie evidence of the facts therein stated. Appellee shall not be liable for costs in said court and if appellee prevails he shall be allowed a reasonable attorney’s fee to be taxed and collected as a part of his costs. Such petition and pleadings certified by the Secretary upon which decision was made by him shall upon filing in the district court constitute the pleadings upon which said trial de novo shall proceed subject to any amendment allowed in that court.
• 7 U.S.C. § 499n(a)

  Go to provision →
  (a) The Secretary is authorized, independently and in cooperation with other branches of the Government, State, or municipal agencies and/or any person, whether operating in one or more jurisdictions, to employ and/or license inspectors to inspect and certify, without regard to the filing of a complaint under this chapter, to any interested person the class, quality, and/or condition of any lot of any perishable agricultural commodity when offered for interstate or foreign shipment or when received at places where the Secretary shall find it practicable to provide such service, under such rules and regulations as he may prescribe, including the payment of such fees and expenses as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That fees for inspections made by a licensed inspector, less the percentage thereof which he is allowed by the terms of his contract of employment with the Secretary as compensation for his services, shall be deposited into the Treasury of the United States as miscellaneous receipts; and fees for inspections made by an inspector acting under a cooperative agreement with a State, municipality, or other person shall be disposed of in accordance with the terms of such agreement: Provided further, That expenses for travel and subsistence incurred by inspectors shall be paid by the applicant for inspection to the United States Department of Agriculture to be credited to the appropriation for carrying out the purposes of this chapter: And provided further, That official inspection certificates for fresh fruits and vegetables issued by the Secretary of Agriculture pursuant to any law shall be received by all officers and all courts of the United States, in all proceedings under this chapter, and in all transactions upon contract markets under Commodities Exchange Act (7 U.S.C. 1 et seq.), as prima-facie evidence of the truth of the statements therein contained.
• 7 U.S.C. § 511(g)

  Go to provision →
  (g) “Auction market” means a market or place to which tobacco is delivered by the producers thereof, or their agents, for sale at auction through a warehouseman or commission merchant.
• 7 U.S.C. § 511d

  Go to provision →
  The Secretary is authorized to designate those auction markets where tobacco bought and sold thereon at auction, or the products customarily manufactured therefrom, moves in commerce. Before any market is designated by the Secretary under this section he shall determine by referendum the desire of tobacco growers who sold tobacco at auction on such market during the preceding marketing season. The Secretary may at his discretion hold one referendum for two or more markets or for all markets in a type area. No market or group of markets shall be designated by the Secretary unless two-thirds of the growers voting favor it. The Secretary shall have access to the tobacco records of the Collector of Internal Revenue and of the several collectors of internal revenue for the purpose of obtaining the names and addresses of growers who sold tobacco on any auction market, and the Secretary shall determine from said records the eligibility of such grower to vote in such referendum, and no grower shall be eligible to vote in more than one referendum. After public notice of not less than thirty days that any auction market has been so designated by the Secretary, no tobacco shall be offered for sale at auction on such market until it shall have been inspected and certified by an authorized representative of the Secretary according to the standards established under this chapter, except that the Secretary may temporarily suspend the requirement of inspection and certification at any designated market whenever he finds it impracticable to provide for such inspection and certification because competent inspectors are not obtainable or because the quantity of tobacco available for inspection is insufficient to justify the cost of such service: Provided, That, in the event competent inspectors are not available, or for other reasons, the Secretary is unable to provide for such inspection and certification at all auction markets within a type area, he shall first designate those auction markets where the greatest number of growers may be served with the facilities available to him. The Secretary shall by regulation fix and collect fees and charges for inspection and certification, the establishment of standards, and other services under this section at designated auction markets. The fees and charges authorized by this section shall, as nearly as practicable, cover the costs of the services, including the administrative and supervisory costs customarily included by the Secretary in user fee calculations. The fees and charges, late payment penalties, and interest earned from the investment of such funds, when collected, shall be credited to the current appropriation account that incurs the cost and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing services under this chapter. Any funds realized from the collection of fees or charges authorized under this section and section 511e of this title and credited to the current appropriation account incurring the cost of services provided under this section and section 511e of this title, late payment penalties, and interest earned from the investment of such funds may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. Any income realized from this activity may be used to pay the expenses of the Secretary of Agriculture incident to providing services under this chapter or reinvested in the manner authorized in the preceding sentence. The fees and charges authorized in this section shall be assessed against the warehouse operator, irrespective of ownership or interest in the tobacco, and shall be collected by the warehouse operator from the sellers of the tobacco. The inspection and related services under this section shall be suspended or denied if the warehouse operator fails to collect or otherwise pay the fees and charges imposed under this section. Tobacco inspection or certification services provided to designated auction markets shall take precedence over such services, other than reinspection, requested under the authority contained in section 511e of this title or any other provision of law. In accordance with chapter 10 of title 5, the Secretary shall establish a national advisory committee of tobacco producers, and advisory subcommittees for each major kind of tobacco, to advise the Secretary with regard to the level of inspection and related services and the fees and charges therefor. The advisory committee and subcommittees established under this section shall be of permanent duration. The committees shall meet at the call of the Secretary.
• 7 U.S.C. § 511h

  Go to provision →
  The Secretary is authorized to collect, publish, and distribute, by telegraph, mail, or otherwise without cost to the grower, timely information on the market supply and demand, location, disposition, quality, condition, and market prices for tobacco.
• 7 U.S.C. § 518d(a)(3)

  Go to provision →
  (3) The term “market share” means the share of each manufacturer or importer of a class of tobacco product (expressed as a decimal to the fourth place) of the total volume of domestic sales of the class of tobacco product during the base period for a fiscal year for an assessment under this section.
• 7 U.S.C. § 518d(d)(2)(D)

  Go to provision →
  (D) The volume of gross sales of the applicable class of tobacco product treated as made by the manufacturer or importer for purposes of calculating the manufacturer’s or importer’s market share under subsection (f).
• 7 U.S.C. § 518d(d)(2)(E)

  Go to provision →
  (E) The total volume of gross sales of the applicable class of tobacco product that the Secretary treated as made by all manufacturers and importers for purposes of calculating the manufacturer’s or importer’s market share under subsection (f).
• 7 U.S.C. § 518d(d)(2)(F)

  Go to provision →
  (F) The manufacturer’s or importer’s market share of the applicable class of tobacco product, as determined by the Secretary under subsection (f).
• 7 U.S.C. § 518d(d)(2)(G)

  Go to provision →
  (G) The market share, as determined by the Secretary under subsection (f), of each other manufacturer and importer, for each applicable class of tobacco product.
• 7 U.S.C. § 518d(f)(1)

  Go to provision →
  (1) the market share of the manufacturer or importer, as calculated with respect to that payment period, of the class of tobacco product; by
• 7 U.S.C. § 518e(c)(3)(B)

  Go to provision →
  (B) by purchase of outstanding obligations at the market price.
• 7 U.S.C. § 518e(c)(4)

  Go to provision →
  (4) Any obligation acquired by the Tobacco Trust Fund may be sold by the Commodity Credit Corporation at the market price.
• 7 U.S.C. § 602(2)

  Go to provision →
  (2) To protect the interest of the consumer by (a) approaching the level of prices which it is declared to be the policy of Congress to establish in subsection (1) of this section by gradual correction of the current level at as rapid a rate as the Secretary of Agriculture deems to be in the public interest and feasible in view of the current consumptive demand in domestic and foreign markets, and (b) authorizing no action under this chapter which has for its purpose the maintenance of prices to farmers above the level which it is declared to be the policy of Congress to establish in subsection (1) of this section.
• 7 U.S.C. § 602(4)

  Go to provision →
  (4) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for any agricultural commodity enumerated in section 608c(2) of this title as will provide, in the interests of producers and consumers, an orderly flow of the supply thereof to market throughout its normal marketing season to avoid unreasonable fluctuations in supplies and prices.
• 7 U.S.C. § 603(a)

  Go to provision →
  (a) To sell to the Secretary of Agriculture at such price as may be agreed upon, not in excess of the market price, all cotton now owned by them.
• 7 U.S.C. § 604(c)

  Go to provision →
  (c) The funds authorized by subsection (b) of this section shall be made available to the Secretary of Agriculture from time to time upon his request and with the approval of the Secretary of the Treasury. Each such request shall be accompanied by a statement showing by weight and average grade and staple the quantity of cotton held by the Secretary of Agriculture and the approximate aggregate market value thereof.
• 7 U.S.C. § 608(7)

  Go to provision →
  (7) In the case of sugar beets or sugarcane, in the event that it shall be established to the satisfaction of the Secretary of Agriculture that returns to growers or producers, under the contracts for the 1933–1934 crop of sugar beets or sugarcane, entered into by and between the processors and producers and/or growers thereof, were reduced by reason of the payment of the processing tax, and/or the corresponding floor stocks tax, on sugar beets or sugarcane, in addition to the foregoing rental or benefit payments, the Secretary of Agriculture shall make such payments, representing in whole or in part such tax, as the Secretary deems fair and reasonable, to producers who agree, or have agreed, to participate in the program for reduction in the acreage or reduction in the production for market, or both, of sugar beets or sugarcane.
• 7 U.S.C. § 608a(5)

  Go to provision →
  (5) Any person exceeding any quota or allotment fixed for him under this chapter by the Secretary of Agriculture and any other person knowingly participating or aiding in the exceeding of such quota or allotment shall forfeit to the United States a sum equal to the value of such excess at the current market price for such commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States.
• 7 U.S.C. § 608c(2)

  Go to provision →
  (2) Orders issued pursuant to this section shall be applicable only to (A) the following agricultural commodities and the products thereof (except canned or frozen pears, grapefruit, cherries, apples, or cranberries, the products of naval stores, and the products of honeybees), or to any regional, or market classification of any such commodity or product: Milk, fruits (including filberts, almonds, pecans and walnuts but not including apples, other than apples produced in the States of Washington, Oregon, Idaho, New York, Michigan, Maryland, New Jersey, Indiana, California, Maine, Vermont, New Hampshire, Rhode Island, Massachusetts, Connecticut, Colorado, Utah, New Mexico, Illinois, and Ohio, and not including fruits for canning or freezing other than pears, olives, grapefruit, cherries, caneberries (including raspberries, blackberries, and loganberries), cranberries, and apples produced in the States named above except Washington, Oregon, and Idaho), tobacco, vegetables (not including vegetables, other than asparagus, for canning or freezing and not including potatoes for canning, freezing, or other processing), hops, honeybees and naval stores as included in the Naval Stores Act [7 U.S.C. 91 et seq.] and standards established thereunder (including refined or partially refined oleoresin): Provided, That no order issued pursuant to this section shall be effective as to any grapefruit for canning or freezing unless the Secretary of Agriculture determines, in addition to other findings and determinations required by this chapter, that the issuance of such order is approved or favored by the processors who, during a representative period determined by the Secretary, have been engaged in canning or freezing such commodity for market and have canned or frozen for market more than 50 per centum of the total volume of such commodity canned or frozen for market during such representative period; and (B) any agricultural commodity (except honey, cotton, rice, wheat, corn, grain sorghums, oats, barley, rye, sugarcane, sugarbeets, wool, mohair, livestock, soybeans, cottonseed, flaxseed, poultry (but not excepting turkeys and not excepting poultry which produce commercial eggs), fruits and vegetables for canning or freezing, including potatoes for canning, freezing, or other processing¹ and apples), or any regional or market classification thereof, not subject to orders under (A) of this subdivision, but not the products (including canned or frozen commodities or products) thereof. No order issued pursuant to this section shall be effective as to cherries, apples, or cranberries for canning or freezing unless the Secretary of Agriculture determines, in addition to other required findings and determinations, that the issuance of such order is approved or favored by processors who, during a representative period determined by the Secretary, have engaged in canning or freezing such commodity for market and have frozen or canned more than 50 per centum of the total volume of the commodity to be regulated which was canned or frozen within the production area, or marketed within the marketing area, defined in such order, during such representative period. No order issued pursuant to this section shall be applicable to peanuts produced in more than one of the following production areas: the Virginia-Carolina production area, the Southeast production area, and the Southwest production area. If the Secretary determines that the declared policy of this chapter will be better achieved thereby (i) the commodities of the same general class and used wholly or in part for the same purposes may be combined and treated as a single commodity and (ii) the portion of an agricultural commodity devoted to or marketed for a particular use or combination of uses, may be treated as a separate agricultural commodity. All agricultural commodities and products covered hereby shall be deemed specified herein for the purposes of subsections (6) and (7).
• 7 U.S.C. § 608c(5)(A)

  Go to provision →
  (A) Classifying milk in accordance with the form in which or the purpose for which it is used, and fixing, or providing a method for fixing, minimum prices for each such use classification which all handlers shall pay, and the time when payments shall be made, for milk purchased from producers or associations of producers. Such prices shall be uniform as to all handlers, subject only to adjustments for (1) volume, market, and production differentials customarily applied by the handlers subject to such order, (2) the grade or quality of the milk purchased, and (3) the locations at which delivery of such milk, or any use classification thereof, is made to such handlers. Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period unless modified by amendment to the order involved), for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulations), shall be the sum of the adjusted Class I differential specified in section 1000.52 of such title 7 (or successor regulations), plus the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor regulations), plus the simple average of the advanced pricing factors computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulations), plus $0.74.
• 7 U.S.C. § 608c(5)(B)

  Go to provision →
  (B) Providing:

  (i) for the payment to all producers and associations of producers delivering milk to the same handler of uniform prices for all milk delivered by them: Provided, That, except in the case of orders covering milk products only, such provision is approved or favored by at least three-fourths of the producers who, during a representative period determined by the Secretary of Agriculture, have been engaged in the production for market of milk covered in such order or by producers who, during such representative period, have produced at least three-fourths of the volume of such milk produced for market during such period; the approval required hereunder shall be separate and apart from any other approval or disapproval provided for by this section; or

  (ii) for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered;

  subject, in either case, only to adjustments for (a) volume, market, and production differentials customarily applied by the handlers subject to such order, (b) the grade or quality of the milk delivered, (c) the locations at which delivery of such milk is made, and (d) a further adjustment, equitably to apportion the total value of the milk purchased by any handler, or by all handlers, among producers and associations of producers, on the basis of their marketings of milk during a representative period of time.,² [(e) omitted] and (f) a further adjustment, equitably to apportion the total value of milk purchased by any handler or by all handlers among producers on the basis of the milk components contained in their marketings of milk³
• 7 U.S.C. § 608c(5)(B)(i)

  Go to provision →
  (i) for the payment to all producers and associations of producers delivering milk to the same handler of uniform prices for all milk delivered by them: Provided, That, except in the case of orders covering milk products only, such provision is approved or favored by at least three-fourths of the producers who, during a representative period determined by the Secretary of Agriculture, have been engaged in the production for market of milk covered in such order or by producers who, during such representative period, have produced at least three-fourths of the volume of such milk produced for market during such period; the approval required hereunder shall be separate and apart from any other approval or disapproval provided for by this section; or
• 7 U.S.C. § 608c(5)(E)

  Go to provision →
  (E) Providing (i) except as to producers for whom such services are being rendered by a cooperative marketing association, qualified as provided in paragraph (F) of this subsection, for market information to producers and for the verification of weights, sampling, and testing of milk purchased from producers, and for making appropriate deductions therefor from payments to producers, and (ii) for assurance of, and security for, the payment by handlers for milk purchased.
• 7 U.S.C. § 608c(5)(F)

  Go to provision →
  (F) Nothing contained in this subsection is intended or shall be construed to prevent a cooperative marketing association qualified under the provisions of sections 291 and 292 of this title, engaged in making collective sales or marketing of milk or its products for the producers thereof, from blending the net proceeds of all of its sales in all markets in all use classifications, and making distribution thereof to its producers in accordance with the contract between the association and its producers: Provided, That it shall not sell milk or its products to any handler for use or consumption in any market at prices less than the prices fixed pursuant to paragraph (A) of this subsection for such milk.
• 7 U.S.C. § 608c(5)(J)(iii)

  Go to provision →
  (iii) transporting milk from one location to another for the purpose of fulfilling requirements for milk of a higher use classification or for providing a market outlet for milk of any use classification.
• 7 U.S.C. § 608c(6)(A)

  Go to provision →
  (A) Limiting, or providing methods for the limitation of, the total quantity of any such commodity or product, or of any grade, size, or quality thereof, produced during any specified period or periods, which may be marketed in or transported to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, during any specified period or periods by all handlers thereof.
• 7 U.S.C. § 608c(6)(C)

  Go to provision →
  (C) Allotting, or providing methods for allotting, the amount of any such commodity or product, or any grade, size, or quality thereof, which each handler may market in or transport to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, under a uniform rule based upon the amounts which each such handler has available for current shipment, or upon the amounts shipped by each such handler in such prior period as the Secretary determines to be representative, or both, to the end that the total quantity of such commodity or product, or any grade, size, or quality thereof, to be marketed in or transported to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, during any specified period or periods shall be equitably apportioned among all of the handlers thereof.
• 7 U.S.C. § 608c(6)(G)(ii)

  Go to provision →
  (ii) Apportioning, or providing methods for apportioning, the total quantity of hops of the production of the then current calendar year permitted to be handled equitably among all producers in the production area to which the order applies upon the basis of one or more or a combination of the following: The total quantity of hops available or estimated will become available for market by each producer from his production during such period; the normal production of the acreage of hops operated by each producer during such period upon the basis of the number of acres of hops in production, and the average yield of that acreage during such period as the Secretary determines to be representative, with adjustments determined by the Secretary to be proper for age of plantings or abnormal conditions affecting yield; such normal production or historical record of any acreage for which data as to yield of hops are not available or which had no yield during such period shall be determined by the Secretary on the basis of the yields of other acreage of hops of similar characteristics as to productivity, subject to adjustment as just provided for.
• 7 U.S.C. § 608c(8)(A)

  Go to provision →
  (A) By at least two-thirds of the producers who (except that as to citrus fruits produced in any area producing what is known as California citrus fruits said order must be approved or favored by three-fourths of the producers), during a representative period determined by the Secretary, have been engaged, within the production area specified in such marketing agreement or order, in the production for market of the commodity specified therein, or who, during such representative period, have been engaged in the production of such commodity for sale in the marketing area specified in such marketing agreement, or order, or
• 7 U.S.C. § 608c(8)(B)

  Go to provision →
  (B) By producers who, during such representative period, have produced for market at least two-thirds of the volume of such commodity produced for market within the production area specified in such marketing agreement or order, or who, during such representative period, have produced at least two-thirds of the volume of such commodity sold within the marketing area specified in such marketing agreement or order.
• 7 U.S.C. § 608c(9)(B)(i)

  Go to provision →
  (i) By at least two-thirds of the producers (except that as to citrus fruits produced in any area producing what is known as California citrus fruits said order must be approved or favored by three-fourths of the producers) who, during a representative period determined by the Secretary, have been engaged, within the production area specified in such marketing agreement or order, in the production for market of the commodity specified therein, or who, during such representative period, have been engaged in the production of such commodity for sale in the marketing area specified in such marketing agreement, or order, or
• 7 U.S.C. § 608c(9)(B)(ii)

  Go to provision →
  (ii) By producers who, during such representative period, have produced for market at least two-thirds of the volume of such commodity produced for market within the production area specified in such marketing agreement or order, or who, during such representative period, have produced at least two-thirds of the volume of such commodity sold within the marketing area specified in such marketing agreement or order.
• 7 U.S.C. § 608c(16)(B)

  Go to provision →
  (B) The Secretary shall terminate any marketing agreement entered into under section 608b of this title, or order issued under this section, at the end of the then current marketing period for such commodity, specified in such marketing agreement or order, whenever he finds that such termination is favored by a majority of the producers who, during a representative period determined by the Secretary, have been engaged in the production for market of the commodity specified in such marketing agreement or order, within the production area specified in such marketing agreement or order, or who, during such representative period, have been engaged in the production of such commodity for sale within the marketing area specified in such marketing agreement or order: Provided, That such majority have, during such representative period, produced for market more than 50 per centum of the volume of such commodity produced for market within the production area specified in such marketing agreement or order, or have, during such representative period, produced more than 50 per centum of the volume of such commodity sold in the marketing area specified in such marketing agreement or order, but such termination shall be effective only if announced on or before such date (prior to the end of the then current marketing period) as may be specified in such marketing agreement or order.
• 7 U.S.C. § 608c(18)

  Go to provision →
  (18) The Secretary of Agriculture, prior to prescribing any term in any marketing agreement or order, or amendment thereto, relating to milk or its products, if such term is to fix minimum prices to be paid to producers or associations of producers, or prior to modifying the price fixed in any such term, shall ascertain the parity prices of such commodities. The prices which it is declared to be the policy of Congress to establish in section 602 of this title shall, for the purposes of such agreement, order, or amendment, be adjusted to reflect the price of feeds, the available supplies of feeds, and other economic conditions which affect market supply and demand for milk or its products in the marketing area to which the contemplated marketing agreement, order, or amendment relates. Whenever the Secretary finds, upon the basis of the evidence adduced at the hearing required by section 608b of this title or this section, as the case may be, that the parity prices of such commodities are not reasonable in view of the price of feeds, the available supplies of feeds, and other economic conditions which affect market supply and demand for milk and its products in the marketing area to which the contemplated agreement, order, or amendment relates, he shall fix such prices as he finds will reflect such factors, insure a sufficient quantity of pure and wholesome milk, and be in the public interest. Thereafter, as the Secretary finds necessary on account of changed circumstances, he shall, after due notice and opportunity for hearing, make adjustments in such prices.
• 7 U.S.C. § 609(d)(1)

  Go to provision →
  (1) In case of wheat, rye, barley and corn, the term “processing” means the milling or other processing (except cleaning and drying) of wheat, rye, barley or corn for market, including custom milling for toll as well as commercial milling, but shall not include the grinding or cracking thereof not in the form of flour for feed purposes only.
• 7 U.S.C. § 611

  Go to provision →
  As used in this chapter, the term “basic agricultural commodity” means wheat, rye, flax, barley, cotton, field corn, grain sorghums, hogs, cattle, rice, potatoes, tobacco, sugar beets and sugarcane, peanuts, and milk and its products, and any regional or market classification, type, or grade thereof; but the Secretary of Agriculture shall exclude from the operation of the provisions of this chapter, during any period, any such commodity or classification, type, or grade thereof if he finds, upon investigation at any time and after due notice and opportunity for hearing to interested parties, that the conditions of production, marketing, and consumption are such that during such period this chapter can not be effectively administered to the end of effectuating the declared policy with respect to such commodity or classification, type, or grade thereof. As used in this chapter, the term “potatoes” means all varieties of potatoes included in the species Solanum tuberosum.
• 7 U.S.C. § 612(a)

  Go to provision →
  (a) There is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000,000 to be available to the Secretary of Agriculture for administrative expenses under this chapter, and for payments authorized to be made under section 608 of this title. Such sum shall remain available until expended.

  To enable the Secretary of Agriculture to finance under such terms and conditions as he may prescribe, surplus reductions with respect to the dairy- and beef-cattle industries, and to carry out any of the purposes described in subsections (a) and (b) of this section and to support and balance the markets for the dairy and beef cattle industries, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000,000: Provided, That not more than 60 per centum of such amount shall be used for either of such industries.
• 7 U.S.C. § 615(b–1)

  Go to provision →
  (b–1) The Secretary of Agriculture is authorized and directed to issue tax-payment warrants, with respect to rough rice produced in 1933 and 1934 (provided the processing of such rice is not exempt from the tax, and provided no tax payment warrant has been previously issued with respect thereto or previously applied for by application then pending, sufficient to cover the tax with respect to the processing thereof at the rate in effect at the time of such issuance, to any processor with respect to any such rice which he had in his possession on March 31, 1935, and to, or at the direction of any other person with respect to any such rice which, on or after April 1, 1935, he delivers for processing or sells to a processor: Provided, That in case any such processor or other person is the producer of such rice (or has received such rice by gift, bequest, or descent from the producer thereof) that such processor or other person is, if eligible, a cooperating producer: And provided further, That in case such processor or other person is not the producer thereof (nor a person who has received such rice by gift, bequest, or descent from the producer thereof), (a) that, if the title to such rice was transferred from the producer thereof, whether by operation of law or otherwise, prior to April 1, 1935, such producer received the price prescribed in any marketing agreement, license, regulation, or administrative ruling, pursuant to this chapter, applicable to the sale of such rice by the producer, and (b) that, if the title to such rice was transferred from the producer thereof, whether by operation of law or otherwise, on or after April 1, 1935, such producer received at least the full market price therefor plus an amount equal to 99 per centum of the face value of tax-payment warrants sufficient to cover the tax on the processing of such rice at rate in effect at the time title was so transferred, and was, if eligible, a cooperating producer.
• 7 U.S.C. § 615(f)

  Go to provision →
  (f) The President, in his discretion, is authorized by proclamation to decree that all or part of the taxes collected from the processing of sugar beets or sugarcane in Puerto Rico, the Territory of Hawaii, the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam (if the provisions of this chapter are made applicable thereto), and/or upon the processing in continental United States of sugar produced in, or coming from, said areas, shall not be covered into the general fund of the Treasury of the United States but shall be held as a separate fund, in the name of the respective area to which related, to be used and expended for the benefit of agriculture and/or paid as rental or benefit payments in connection with the reduction in the acreage, or reduction in the production for market, or both, of sugar beets and/or sugarcane, and/or used and expended for expansion of markets and for removal of surplus agricultural products in such areas, respectively, as the Secretary of Agriculture, with the approval of the President, shall direct.
• 7 U.S.C. § 616(d)

  Go to provision →
  (d) The Secretary of Agriculture is authorized to purchase, out of such proceeds of taxes as are available therefor, during the period this chapter is in effect with respect to sugar beets and sugarcane, not in excess of three hundred thousand tons of sugar raw value from the surplus stocks of direct-consumption sugar produced in the United States beet-sugar area, at a price not in excess of the market price for direct consumption sugar on the date of purchase, and to dispose of such sugar by sale or otherwise, including distribution to any organization for the relief of the unemployed, under such conditions and at such times as will tend to effectuate the declared policy of section 608a of this title. The sugar so purchased shall not be included in the quota for the United States beet-sugar area. All proceeds received by the Secretary of Agriculture, in the exercise of the powers granted, are appropriated to be available to the Secretary of Agriculture for the purposes described in subsections (a) and (b) of section 612 of this title.
• 7 U.S.C. § 620(a)

  Go to provision →
  (a) Whoever in connection with the purchase of, or offer to purchase, any commodity, subject to any tax under this chapter, or which is to be subjected to any tax under this chapter, makes any statement, written or oral, (1) intended or calculated to lead any person to believe that any amount deducted from the market price or the agreed price of the commodity consists of a tax imposed under this chapter, or (2) ascribing a particular part of the deduction from the market price or the agreed price of the commodity, to a tax imposed under this chapter, knowing that such statement is false or that the tax is not so great as the amount deducted from the market price or the agreed price of the commodity, ascribed to such tax, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment for not exceeding six months, or both.
• 7 U.S.C. § 671(a)

  Go to provision →
  (a) The Secretary of Agriculture, or such officer or employee of the Department of Agriculture as may be designated by him, upon written application of any cooperative association, incorporated or otherwise, which is in good faith owned or controlled by producers or organizations thereof, of milk or its products, and which is bona fide engaged in collective processing or preparing for market or handling or marketing (in the current of interstate or foreign commerce, as defined by section 610(j) of this title), milk or its products, may mediate and, with the consent of all parties, shall arbitrate if the Secretary has reason to believe that the declared policy of the Agricultural Adjustment Act [7 U.S.C. 601 et seq.], as amended, would be effectuated thereby, bona fide disputes, between such associations and the purchasers or handlers or processors or distributors of milk or its products, as to terms and conditions of the sale of milk or its products. The power to arbitrate under this section shall apply only to such subjects of the term or condition in dispute as could be regulated under the provisions of the Agricultural Adjustment Act, as amended, relating to orders for milk and its products.
• 7 U.S.C. § 934(a)

  Go to provision →
  (a) The Secretary is authorized to make and issue interim notes to the Secretary of the Treasury for the purpose of obtaining funds necessary for discharging obligations of the fund and for making loans, advances and authorized expenditures out of the fund. Such notes shall be in such form and denominations and have such maturities and be subject to such terms and conditions as may be agreed upon by the Secretary and the Secretary of the Treasury. Such notes shall bear interest at a rate fixed by the Secretary of the Treasury, taking into consideration the current average market yield of outstanding marketable obligations of the United States having maturities comparable to the notes issued by the Secretary under this section. The Secretary of the Treasury is authorized and directed to purchase any notes of the Secretary issued hereunder, and, for that purpose, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which such securities may be issued under such chapter are extended to include the purchase of notes issued by the Secretary. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes shall be treated as public debt transactions of the United States: Provided, however, That such interim notes to the Secretary of the Treasury shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States.
• 7 U.S.C. § 934(c)

  Go to provision →
  (c) The Secretary may, on an insured basis or otherwise, sell and assign any notes in the fund or sell certificates of beneficial ownership therein to the Secretary of the Treasury or in the private market. Any sale by the Secretary of notes individually or in blocks shall be treated as a sale of assets for the purposes of chapter 11 of title 31, notwithstanding the fact that the Secretary, under an agreement with the purchaser or purchasers, holds the debt instruments evidencing the loans and holds or reinvests payments thereon as trustee and custodian for the purchaser or purchasers of the individual note or of the certificate of beneficial ownership in a number of such notes. Security instruments taken by the Secretary in connection with any notes in the fund may constitute liens running to the United States notwithstanding the fact that such notes may be thereafter held by purchasers thereof.
• 7 U.S.C. § 935(c)(2)(B)(i)(I)

  Go to provision →
  (I) the interest rate determined by the Secretary to be equal to the current market yield on outstanding municipal obligations with remaining periods to maturity similar to the term selected by the applicant pursuant to subparagraph (C), but not greater than the rate determined under section 1927(a)(3)(A) of this title that is based on the current market yield on outstanding municipal obligations; plus
• 7 U.S.C. § 950bb(d)(3)(B)(i)

  Go to provision →
  (i) The Secretary may require an entity that proposes to have a subscriber projection of more than 20 percent of the broadband service market in a rural area to submit to the Secretary a market survey.
• 7 U.S.C. § 950bb(d)(3)(B)(ii)

  Go to provision →
  (ii) The Secretary may not require an entity that proposes to have a subscriber projection of less than 20 percent of the broadband service market in a rural area to submit to the Secretary a market survey.
• 7 U.S.C. § 950bb(g)(1)(A)(ii)

  Go to provision →
  (ii) in the case of a guaranteed loan, the current applicable market rate for a loan of comparable maturity; and
• 7 U.S.C. § 1011(e)

  Go to provision →
  (e) To cooperate with Federal, State, territorial, and other public agencies and local nonprofit organizations in developing plans for a program of land conservation and land utilization or plans for the conservation, development and utilization of water for aquacultural purposes, to assist in carrying out such plans by means of loans to State and local public agencies and local nonprofit organizations designated by the State legislature or the Governor, to conduct surveys and investigations relating to conditions and factors affecting, and the methods of accomplishing most effectively the purposes of this subchapter, and to disseminate information concerning these activities. As used in this subsection, the term “aquaculture” means the culture or husbandry of aquatic animals or plants. Loans to State and local public agencies and to local nonprofit organizations shall be made only if such plans have been submitted to, and not disapproved within 45 days by, the State agency having supervisory responsibility over such plans, or by the Governor if there is no such State agency. No appropriation shall be made for any single loan under this subsection in excess of $500,000 unless such loan has been approved by resolutions adopted by the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. A loan under this subsection shall be made under a contract that provides, under such terms and conditions as the Secretary considers appropriate, for the repayment of the loan in not more than 30 years, with interest at a rate not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, adjusted to the nearest ⅛ of 1 percent. Repayment of principal and interest on such loans shall begin within 5 years. In providing assistance for carrying out plans developed under this subchapter, the Secretary shall be authorized to bear such proportionate share of the costs of installing any works of improvement applicable to public water-based fish and wildlife or recreational development as is determined by him to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs: Provided, That all engineering and other technical assistance costs relating to such development may be borne by the Secretary: Provided further, That when a State or other public agency or local nonprofit organization participating in a plan developed under this subchapter agrees to operate and maintain any reservoir or other area included in a plan for public waterbased fish and wildlife or recreational development, the Secretary shall be authorized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-of-way acquired or to be acquired by the State or other public agency or local nonprofit organization for such reservoir or other area, and (b) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes: Provided further, That in no event shall the Secretary share any portion of the cost of installing more than one such work of improvement for each seventy-five thousand acres in any project; and that any such public water-based fish and wildlife or recreational development shall be consistent with any existing comprehensive statewide outdoor recreation plan found adequate for purposes of chapter 2003 of title 54; and that such cost-sharing assistance for any such development shall be authorized only if the Secretary determines that it cannot be provided under other existing authority.

  The Secretary shall also be authorized in providing assistance for carrying out plans developed under this subchapter:

  (1) To provide technical and other assistance, and to pay for any storage of water for present or anticipated future demands or needs for rural community water supply included in any reservoir structure constructed or modified pursuant to such plans: Provided, That the cost of water storage to meet future demands may not exceed 30 per centum of the total estimated cost of such reservoir structure and the public agency or local nonprofit organization shall give reasonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment of the cost of such water supply storage within the life of the reservoir structure: Provided further, That the public agency or local nonprofit organization prior to initiation or construction or modification of any reservoir structure including water supply storage, make provision satisfactory to the Secretary to pay for not less than 50 per centum of the cost of storage for present water supply demands, and all of the cost of storage for anticipated future demands: And provided further, That the cost to be borne by the public agency or local nonprofit organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for anticipated future water supply demands except that (1) no payment on account of such cost need be made until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest on the unpaid balance shall be the average rate, as determined by the Secretary of the Treasury, payable by the Treasury upon its marketable public obligations outstanding at the beginning of the fiscal year in which the advancement for such water supply is first made, which are neither due nor callable for redemption for fifteen years from date of issue;

  (2) To provide, for the benefit of rural communities, technical and other assistance and such proportionate share of the costs of installing measures and facilities for water quality management, for the control and abatement of agriculture-related pollution, for the disposal of solid wastes, and for the storage of water in reservoirs, farm ponds, or other impoundments, together with necessary water withdrawal appurtenances, for rural fire protection, as is determined by the Secretary to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs.
• 7 U.S.C. § 1012a

  Go to provision →
  When the Secretary of Agriculture determines that a tract of National Forest System land in Alaska or in the eleven contiguous Western States is located adjacent to or contiguous to an established community, and that transfer of such land would serve indigenous community objectives that outweigh the public objectives and values which would be served by maintaining such tract in Federal ownership, he may, upon application, set aside and designate as a townsite an area of not to exceed six hundred and forty acres of National Forest System land for any one application. After public notice, and satisfactory showing of need therefor by any county, city, or other local governmental subdivision, the Secretary may offer such area for sale to a governmental subdivision at a price not less than the fair market value thereof: Provided, however, That the Secretary may condition conveyances of townsites upon the enactment, maintenance, and enforcement of a valid ordinance which assures any land so conveyed will be controlled by the governmental subdivision so that use of the area will not interfere with the protection, management, and development of adjacent or contiguous National Forest System lands.
• 7 U.S.C. § 1035

  Go to provision →
  In areas where the Secretary determines after consultation with the Department of the Interior and competent local authorities that there is no active mineral development or leasing, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary after taking into consideration such appraisals as he deems necessary or appropriate. Area determinations made by the Secretary pursuant to this section may be revised from time to time and the consideration to be obtained for the mineral interests in connection with any particular tract of land shall be determined by the rule applicable to the area in which the tract is located at the time of the application therefor: Provided, That, in the event any mineral interests covered by sections 1033 to 1039 of this title are not sold as provided herein pursuant to application filed within seven years from September 6, 1950, or within seven years from the date of acquisition of the mineral interests of the United States, whichever date is later, the Secretary shall forthwith transfer title to such mineral interests, with the exception of those which were a part of or derived from the assets transferred pursuant to transfer agreements with State rural rehabilitation corporations, to the Secretary of the Interior to be administered under the mineral laws of the United States.
• 7 U.S.C. § 1421(b)

  Go to provision →
  (b) Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
• 7 U.S.C. § 1421d(b)(1)(A)

  Go to provision →
  (A) 25 fresh market vegetables;
• 7 U.S.C. § 1423(b)

  Go to provision →
  (b) The Secretary may make appropriate adjustments in the support price for cotton for differences in quality factors and location. Beginning with the 1991 crop, the quality differences (premiums and discounts for quality factors) for the upland cotton loan program shall be established by the Secretary by giving equal weight to (1) loan differences for the preceding crop, and (2) market differences for such crop in the designated United States spot markets.
• 7 U.S.C. § 1425(a)

  Go to provision →
  (a) Except as otherwise provided in section 1425a of this title, no producer shall be personally liable for any deficiency arising from the sale of the collateral securing any loan made under authority of this Act unless such loan was obtained through fraudulent representations by the producer. This provision shall not, however, be construed to prevent the Commodity Credit Corporation or the Secretary from requiring producers to assume liability for deficiencies in the grade, quality, or quantity of commodities stored on the farm or delivered by them, for failure properly to care for and preserve commodities, or for failure or refusal to deliver commodities in accordance with the requirements of the program. There is authorized to be included in the terms and conditions of any such nonrecourse loan a provision whereby on and after the maturity of the loan or any extension thereof Commodity Credit Corporation shall have the right to acquire title to the unredeemed collateral without obligation to pay for any market value which such collateral may have in excess of the loan indebtedness.
• 7 U.S.C. § 1427(c)(1)(A)

  Go to provision →
  (A) the current national average price support loan rate for the commodity adjusted for the current market differentials reflecting grade, quality, location, reasonable carrying charges, and other factors determined appropriate by the Corporation; or
• 7 U.S.C. § 1427(c)(2)

  Go to provision →
  (2) The Corporation may sell extra long staple cotton for unrestricted use at such price as the Corporation determines is appropriate to maintain and expand export and domestic markets.
• 7 U.S.C. § 1427(c)(3)(A)

  Go to provision →
  (A) 105 percent of the current national average price support loan rate for the oilseed, adjusted for the current market differentials reflecting grade, quality, location, reasonable carrying charges, and other factors determined appropriate by the Corporation; or
• 7 U.S.C. § 1427(f)(2)

  Go to provision →
  (2) The sales shall be offset (if necessary) by the purchases of commodities as the Corporation determines is appropriate to prevent the sales from substantially impairing any price support program or unduly affecting market prices, except that the purchase price shall not exceed the Corporation’s minimum sales price for the commodities for unrestricted use.
• 7 U.S.C. § 1431(b)(5)(B)

  Go to provision →
  (B) The Commodity Credit Corporation may pay the processing and domestic handling costs incurred, as authorized under this subsection, in the form of eligible commodities, as defined in paragraph (2)(A), if the Secretary determines that such in-kind payment will not disrupt domestic markets.
• 7 U.S.C. § 1441–1a(a)

  Go to provision →
  (a) Notwithstanding any other provision of law, whenever, during the period beginning August 1, 1986, and ending July 31, 1991, the world price for a class of rice (adjusted to United States qualities and location), as determined by the Secretary of Agriculture, is below the current loan repayment rate for that class of rice, to make United States rice competitive in world markets and to maintain and expand exports of rice produced in the United States, the Commodity Credit Corporation, under such regulations as the Secretary may prescribe, shall make payments, through the issuance of negotiable marketing certificates, to persons who have entered into an agreement with the Commodity Credit Corporation to participate in the program established under this section. Such payments shall be made in such monetary amounts and subject to such terms and conditions as the Secretary determines will make rice produced in the United States available at competitive prices consistent with the purposes of this section, including such payments as may be necessary to make rice in inventory on August 1, 1986, available on the same basis.
• 7 U.S.C. § 1441–1a(b)(2)

  Go to provision →
  (2) the prevailing world market price for the class of rice, as determined by the Secretary of Agriculture under a published formula submitted for public comment before its adoption.
• 7 U.S.C. § 1444(d)(2)

  Go to provision →
  (2) Price support for each such crop of upland cotton shall be made available to cooperators through loans at such level, not exceeding a level which will reflect for Middling one-inch upland cotton at average location in the United States 90 per centum of the estimated average world market price for Middling one-inch upland cotton for the marketing year for such crop, as the Secretary determines will provide orderly marketing of cotton during the harvest season and will retain an adequate share of the world market for cotton produced in the United States taking into consideration the factors specified in section 1421(b) of this title: Provided, That the national average loan rate for the 1966 crop shall reflect 21 cents per pound for Middling one-inch upland cotton.
• 7 U.S.C. § 1444(d)(12)

  Go to provision →
  (12) Notwithstanding any other provision of this Act, if, as a result of limitations hereafter enacted with respect to price support under this subsection, the Secretary is unable to make available to all cooperators the full amount of price support to which they would otherwise be entitled under paragraphs (2) and (3) of this subsection for any crop of upland cotton, (A) price support to cooperators shall be made available for such crop (if marketing quotas have not been disapproved) through loans or purchases at such level not less than 65 per centum nor more than 90 per centum of the parity price therefor as the Secretary determines appropriate; (B) in order to keep upland cotton to the maximum extent practicable in the normal channels of trade, such price support may be carried out through the simultaneous purchase of cotton at the support price therefor and resale at a lower price or through loans under which the cotton would be redeemable by payment of a price therefor lower than the amount of the loan thereon; and (C) such resale or redemption price shall be such as the Secretary determines will provide orderly marketing of cotton during the harvest season and will retain an adequate share of the world market for cotton produced in the United States.
• 7 U.S.C. § 1444(e)(1)

  Go to provision →
  (1) The Secretary shall upon presentation of warehouse receipts reflecting accrued storage charges of not more than 60 days make available for the 1971 through 1977 crops of upland cotton to cooperators nonrecourse loans for a term of ten months from the first day of the month in which the loan is made at such level as will reflect the Middling one-inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States 90 per centum of the average price of American cotton in world markets for such cotton for the three-year period ending July 31 in the year in which the loan level is announced, except that if the loan rate so calculated is higher than the then current level of average world prices for American cotton of such quality, the Secretary is authorized to adjust the current calculated loan rate for cotton to 90 per centum of the then current average world price. The average world price for such cotton for such preceding three-year period shall be determined by the Secretary annually pursuant to a published regulation which shall specify the procedures and the factors to be used by the Secretary in making the world price determination. The loan level for any crop of upland cotton shall be determined and announced not later than November 1 of the calendar year preceding the marketing year for which such loan is to be effective. Notwithstanding the foregoing, if the carryover of upland cotton as of the beginning of the marketing year for any of the 1972 or 1973 crops exceeds 7.2 million bales, producers on any farm harvesting cotton of such crop from an acreage in excess of the base acreage allotment for such farm shall be entitled to loans and purchases only on an amount of the cotton of such crop produced on such farm determined by multiplying the yield used in computing payments for such farm by the base acreage allotment for such farm.
• 7 U.S.C. § 1444(h)(3)(A)(i)

  Go to provision →
  (i) the average market price received by farmers for extra long staple cotton during the first eight months of the marketing year for such crop, as determined by the Secretary, or
• 7 U.S.C. § 1445e(e)

  Go to provision →
  (e) Notwithstanding any other provision of law, the Secretary may require producers to repay loans made under this section, plus accrued interest and such other charges as may be required by regulation prior to the maturity date thereof, if the Secretary determines that emergency conditions exist that require that the commodity be made available in the market to meet urgent domestic or international needs and the Secretary reports the determination and the reasons for the determination to the President, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate at least 14 days before taking the action.
• 7 U.S.C. § 1445e(g)(2)(A)

  Go to provision →
  (A) the Secretary determines that the average market price for wheat or corn, respectively, for the 90-day period prior to the dates specified in paragraph (1) is less than 120 percent of the current loan rate for wheat or corn, respectively; or
• 7 U.S.C. § 1445e(j)

  Go to provision →
  (j) Whenever grain is stored under this section, the Secretary may buy and sell at an equivalent price, allowing for the customary location and grade differentials, substantially equivalent quantities of grain in different locations or warehouses to the extent needed to properly handle, rotate, distribute, and locate the commodities that the Commodity Credit Corporation owns or controls. The purchases to offset sales shall be made within 2 market days following the sales. The Secretary shall make a daily list available showing the price, location, and quantity of the transactions.
• 7 U.S.C. § 1446(d)(2)(C)

  Go to provision →
  (C) The funds represented by the reduction in price, required under this paragraph to be applied to the marketings of milk by a producer, shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Secretary, by each person making payment to a producer for milk purchased from such producer, except that in the case of a producer who markets milk of the producer’s own production directly to consumers, such funds shall be remitted directly to the Corporation by such producer.
• 7 U.S.C. § 1446(d)(4)

  Go to provision →
  (4) Each producer who markets milk and each person required to make payment to the Corporation under this subsection shall keep such records and make such reports, in such manner, as the Secretary determines necessary to carry out this subsection. The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this subsection or to determine whether any person subject to the provisions of this subsection has engaged or is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of this subsection or regulation issued under this subsection. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of records. Such court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony on the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district of which such person is an inhabitant or wherever such person may be found.
• 7 U.S.C. § 1446a–1

  Go to provision →
  The Secretary of Agriculture is hereby authorized to use funds of the Commodity Credit Corporation to purchase sufficient supplies of dairy products at market prices to meet the requirements of any programs for the schools (other than fluid milk in the case of schools), domestic relief distribution, community action, and such other programs as are authorized by law, when there are insufficient stocks of dairy products in the hands of Commodity Credit Corporation available for these purposes.
• 7 U.S.C. § 1446c–1

  Go to provision →
  The Secretary of Agriculture shall utilize, to the fullest extent practicable, the authorities under the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.] (including exportation of dairy products at not less than prevailing world market prices), the Food for Peace Act [7 U.S.C. 1691 et seq.], and other authorities available to the Secretary to reduce inventories of dairy products held by the Commodity Credit Corporation so as to reduce net Commodity Credit Corporation expenditures to the estimated outlays for the milk price support program used in developing budget outlays under the Congressional Budget Act of 1974 for the appropriate fiscal year.
• 7 U.S.C. § 1471d(a)(2)(B)

  Go to provision →
  (B) with respect to such assistance provided for any other livestock emergency, 50 percent of the average market price in the county or area involved, as determined by the Secretary.
• 7 U.S.C. § 1471j

  Go to provision →
  A person that disposes of any feed made available to a livestock producer under this subchapter other than as authorized by the Secretary shall be (1) subject to a civil penalty equal to the market value of the feed involved, to be recovered by the Secretary in a civil suit brought for that purpose, and (2) guilty of a misdemeanor and, on conviction thereof, subject to a fine of not more than $1,000, or imprisonment for not more than one year, or both.
• 7 U.S.C. § 1502(d)(1)(B)

  Go to provision →
  (B) be considered to be accounts, agreements (including any transaction that is of the character of, or is commonly known to the trade as, an “option”, “privilege”, “indemnity”, “bid”, “offer”, “put”, “call”, “advance guaranty”, or “decline guaranty”), or transactions involving contracts of sale of a commodity for future delivery, traded or executed on a contract market for the purposes of the Commodity Exchange Act (7 U.S.C. 1 et seq.).
• 7 U.S.C. § 1502(d)(2)

  Go to provision →
  (2) Nothing in this subchapter affects the jurisdiction of the Commodity Futures Trading Commission or the applicability of the Commodity Exchange Act (7 U.S.C. 1 et seq.) to any transaction conducted on a contract market under that Act by an approved insurance provider to offset the approved insurance provider’s risk under a plan or policy of insurance under this subchapter.
• 7 U.S.C. § 1508(b)(2)(A)(i)

  Go to provision →
  (i) in the case of each of the 1995 through 1998 crop years, catastrophic risk protection shall offer a producer coverage for a 50 percent loss in yield, on an individual yield or area yield basis, indemnified at 60 percent of the expected market price, or a comparable coverage (as determined by the Corporation); and
• 7 U.S.C. § 1508(b)(2)(A)(ii)

  Go to provision →
  (ii) in the case of each of the 1999 and subsequent crop years, catastrophic risk protection shall offer a producer coverage for a 50 percent loss in yield, on an individual yield or area yield basis, indemnified at 55 percent of the expected market price, or a comparable coverage (as determined by the Corporation).
• 7 U.S.C. § 1508(c)(5)(A)

  Go to provision →
  (A) For the purposes of this subchapter, the Corporation shall establish or approve the price level (referred to in this subchapter as the “expected market price”) of each agricultural commodity for which insurance is offered.
• 7 U.S.C. § 1508(c)(5)(B)

  Go to provision →
  (B) Except as otherwise provided in subparagraph (C), the expected market price of an agricultural commodity shall be not less than the projected market price of the agricultural commodity, as determined by the Corporation.
• 7 U.S.C. § 1508(c)(5)(C)

  Go to provision →
  (C) The expected market price of an agricultural commodity—

  (i) may be based on the actual market price of the agricultural commodity at the time of harvest, as determined by the Corporation;

  (ii) in the case of revenue and other similar plans of insurance, may be the actual market price of the agricultural commodity, as determined by the Corporation;

  (iii) in the case of cost of production or similar plans of insurance, shall be the projected cost of producing the agricultural commodity, as determined by the Corporation; or

  (iv) in the case of other plans of insurance, may be an appropriate amount, as determined by the Corporation.
• 7 U.S.C. § 1508(c)(5)(C)(i)

  Go to provision →
  (i) may be based on the actual market price of the agricultural commodity at the time of harvest, as determined by the Corporation;
• 7 U.S.C. § 1508(c)(5)(C)(ii)

  Go to provision →
  (ii) in the case of revenue and other similar plans of insurance, may be the actual market price of the agricultural commodity, as determined by the Corporation;
• 7 U.S.C. § 1508(c)(5)(D)(i)(I)

  Go to provision →
  (I) not later than 60 days after the date of enactment of this subparagraph, make available all methods and data, including data from the Economic Research Service, used by the Corporation to develop the expected market prices for grain sorghum under the production and revenue-based plans of insurance of the Corporation; and
• 7 U.S.C. § 1508(c)(5)(D)(ii)(I)

  Go to provision →
  (I) Not later than 120 days after the date of enactment of this subparagraph, the Corporation shall contract individually with 5 expert reviewers described in subclause (II) to develop and recommend a methodology for determining an expected market price for sorghum for both the production and revenue-based plans of insurance to more accurately reflect the actual price at harvest.
• 7 U.S.C. § 1508(c)(5)(D)(ii)(II)

  Go to provision →
  (II) The expert reviewers under subclause (I) shall be comprised of agricultural economists with experience in grain sorghum and corn markets, of whom—

  (aa) 2 shall be agricultural economists of institutions of higher education;

  (bb) 2 shall be economists from within the Department; and

  (cc) 1 shall be an economist nominated by the grain sorghum industry.
• 7 U.S.C. § 1508(c)(5)(D)(iii)(II)

  Go to provision →
  (II) The Corporation shall consider the recommendations under subclause (I) when determining the appropriate pricing methodology to determine the expected market price for grain sorghum under both the production and revenue-based plans of insurance.
• 7 U.S.C. § 1508(c)(5)(D)(iv)(II)

  Go to provision →
  (II) Until the date on which the new pricing methodology is implemented, the Corporation may continue to use the pricing methodology that the Corporation determines best establishes the expected market price.
• 7 U.S.C. § 1508(c)(5)(D)(iv)(III)

  Go to provision →
  (III) On an annual basis, the Corporation shall make available the pricing methodology and data used to determine the expected market prices for grain sorghum under the production and revenue-based plans of insurance, including any changes to the methodology used to determine the expected market prices for grain sorghum from the previous year.
• 7 U.S.C. § 1508(c)(6)(C)

  Go to provision →
  (C) The Corporation shall, as the Corporation determines practicable, offer producers different price elections for classes of wheat and malting barley (including contract prices in the case of malting barley), in addition to the standard price election, that reflect different market prices, as determined by the Corporation. The Corporation shall, as the Corporation determines practicable, offer additional coverage for each class determined under this subparagraph and charge a premium for each class that is actuarially sound.
• 7 U.S.C. § 1508(c)(7)

  Go to provision →
  (7) For levels of additional coverage equal to 65 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, a producer may elect to delete from the additional coverage any coverage against damage caused by fire and hail if the producer obtains an equivalent or greater dollar amount of coverage for damage caused by fire and hail from an approved insurance provider. On written notice of the election to the company issuing the policy providing additional coverage and submission of evidence of substitute coverage on the commodity insured, the premium of the producer shall be reduced by an amount determined by the Corporation to be actuarially appropriate, taking into account the actuarial value of the remaining coverage provided by the Corporation. In no event shall the producer be given credit for an amount of premium determined to be greater than the actuarial value of the protection against losses caused by fire and hail that is included in the additional coverage for the crop.
• 7 U.S.C. § 1508(c)(9)

  Go to provision →
  (9) The Board may limit the availability of additional coverage under this subsection in any county or area, or on any farm, on the basis of the insurance risk involved. The Board shall not offer additional coverage equal to less than 50 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage.
• 7 U.S.C. § 1508(d)(2)(B)

  Go to provision →
  (B) In the case of additional coverage equal to or greater than 50 percent of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount of the premium shall—

  (i) be sufficient to cover anticipated losses and a reasonable reserve; and

  (ii) include an amount for operating and administrative expenses, as determined by the Corporation, on an industry-wide basis as a percentage of the amount of the premium used to define loss ratio.
• 7 U.S.C. § 1508(e)(2)(B)

  Go to provision →
  (B) In the case of additional coverage equal to or greater than 50 percent, but less than 55 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of—

  (i) 67 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(2)(C)

  Go to provision →
  (C) In the case of additional coverage equal to or greater than 55 percent, but less than 65 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of—

  (i) 69 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(2)(D)

  Go to provision →
  (D) In the case of additional coverage equal to or greater than 65 percent, but less than 75 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of—

  (i) 64 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(2)(E)

  Go to provision →
  (E) In the case of additional coverage equal to or greater than 75 percent, but less than 80 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of—

  (i) 60 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(2)(F)

  Go to provision →
  (F) In the case of additional coverage equal to or greater than 80 percent, but less than 85 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of—

  (i) 51 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(2)(G)

  Go to provision →
  (G) Subject to subsection (c)(4), in the case of additional coverage equal to or greater than 85 percent of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of—

  (i) 41 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(6)(A)

  Go to provision →
  (A) In the case of additional area coverage equal to or greater than 70 percent, but less than 75 percent, of the recorded county yield indemnified at not greater than 100 percent of the expected market price, the amount shall be equal to the sum of—

  (i) 59 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(6)(B)

  Go to provision →
  (B) In the case of additional area coverage equal to or greater than 75 percent, but less than 85 percent, of the recorded county yield indemnified at not greater than 100 percent of the expected market price, the amount shall be equal to the sum of—

  (i) 55 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(6)(C)

  Go to provision →
  (C) In the case of additional area coverage equal to or greater than 85 percent, but less than 90 percent, of the recorded county yield indemnified at not greater than 100 percent of the expected market price, the amount shall be equal to the sum of—

  (i) 49 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(6)(D)

  Go to provision →
  (D) In the case of additional area coverage equal to or greater than 90 percent of the recorded county yield indemnified at not greater than 100 percent of the expected market price, the amount shall be equal to the sum of—

  (i) 44 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(7)(A)

  Go to provision →
  (A) In the case of additional area coverage equal to or greater than 70 percent, but less than 80 percent, of the recorded county yield indemnified at not greater than 100 percent of the expected market price, the amount shall be equal to the sum of—

  (i) 59 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(7)(B)

  Go to provision →
  (B) In the case of additional area coverage equal to or greater than 80 percent, but less than 90 percent, of the recorded county yield indemnified at not greater than 100 percent of the expected market price, the amount shall be equal to the sum of—

  (i) 55 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(e)(7)(C)

  Go to provision →
  (C) In the case of additional area coverage equal to or greater than 90 percent,¹ of the recorded county yield indemnified at not greater than 100 percent of the expected market price, the amount shall be equal to the sum of—

  (i) 51 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

  (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.
• 7 U.S.C. § 1508(h)(2)

  Go to provision →
  (2) A policy or other material submitted to the Board under this subsection may be prepared without regard to the limitations contained in this subchapter, including the requirements concerning the levels of coverage and rates and the requirement that a price level for each commodity insured must equal the expected market price for the commodity as established by the Board.
• 7 U.S.C. § 1508(h)(4)(E)(iii)

  Go to provision →
  (iii) In evaluating whether the interests of producers are adequately protected pursuant to paragraph (3) with respect to a submission made under this subsection, the Board shall review the information provided pursuant to clause (ii) to determine if the submission will create adverse market distortions with respect to the production of commodities that are the subject of the submission.
• 7 U.S.C. § 1508(m)(5)

  Go to provision →
  (5) The Corporation shall promulgate special provisions under this subsection specific to malting barley, taking into consideration any changes in quality factors, as required by applicable market conditions.
• 7 U.S.C. § 1508(m)(6)(B)

  Go to provision →
  (B) As soon as practicable after February 7, 2014, the Corporation shall implement subparagraph (A) on a regional basis based on market conditions and the interests of producers.
• 7 U.S.C. § 1515(h)(3)(B)(ii)

  Go to provision →
  (ii) The Agricultural Market Transition Act (7 U.S.C. 7201 et seq.), including the noninsured crop disaster assistance program under section 196 of that Act (7 U.S.C. 7333).
• 7 U.S.C. § 1522(c)(7)(B)

  Go to provision →
  (B) The Corporation shall permit producers (including direct-to-consumer marketers and producers servicing local and regional and farm identity-preserved markets) who produce multiple agricultural commodities, including specialty crops, industrial crops, livestock, and aquaculture products, to participate in the plan developed under subparagraph (A) in lieu of any other plan under this subchapter.
• 7 U.S.C. § 1522(c)(8)(B)

  Go to provision →
  (B) the requirement that the price level for each insured agricultural commodity must equal the expected market price for the agricultural commodity, as established by the Board.
• 7 U.S.C. § 1522(c)(18)(A)(i)(II)

  Go to provision →
  (II) that is targeted toward local consumers and markets.
• 7 U.S.C. § 1522(c)(18)(B)

  Go to provision →
  (B) The feasibility study described in subparagraph (A)(i) shall evaluate the effectiveness of policies for production targeted toward local consumers and markets, including policies that—

  (i) consider small-scale production in various areas, including urban, suburban, and rural areas;

  (ii) consider a variety of marketing strategies;

  (iii) allow for production in soil and in alternative systems such as vertical systems, greenhouses, rooftops, or hydroponic systems;

  (iv) consider the price premium when accounting for production or revenue losses;

  (v) consider whether to provide coverage—

  (I) for various types of production under 1 policy; and

  (II) for 1 species or type of plant per policy; and

  (vi) have streamlined reporting and paperwork requirements.
• 7 U.S.C. § 1523(d)(1)

  Go to provision →
  (1) The purpose of the pilot program established under this subsection is to determine whether approved insurance providers will compete to market policies or plans of insurance with reduced rates of premium, in a manner that maintains the financial soundness of approved insurance providers and is consistent with the integrity of the Federal crop insurance program.
• 7 U.S.C. § 1524(a)(2)(A)

  Go to provision →
  (A) The Secretary, acting through the National Institute of Food and Agriculture, shall establish a program under which competitive grants are made to qualified public and private entities (including land grant colleges, cooperative extension services, and colleges or universities), as determined by the Secretary, for the purpose of educating agricultural producers and providing technical assistance to agricultural producers on a full range of farm viability and risk management activities, including futures, options, agricultural trade options, crop insurance, business planning, enterprise analysis, transfer and succession planning, management coaching, market assessment, cash flow analysis, cash forward contracting, debt reduction, production diversification, farm resources risk reduction, farm financial benchmarking, conservation activities, and other risk management strategies.
• 7 U.S.C. § 1524(a)(3)

  Go to provision →
  (3) In carrying out the program established under paragraph (2), the Secretary shall place special emphasis on farm viability and risk management strategies (including farm financial benchmarking, business planning and technical assistance, market assessment, transfer and succession planning, and crop insurance participation), education, and outreach specifically targeted at—

  (A) beginning farmers or ranchers;

  (B) legal immigrant farmers or ranchers that are attempting to become established producers in the United States;

  (C) socially disadvantaged farmers or ranchers;

  (D) farmers or ranchers that—

  (i) are preparing to retire;

  (ii) are using transition strategies to help new farmers or ranchers get started;¹

  (iii) are converting production and marketing systems to pursue new markets; and²

  (E) producers that are underserved by the Federal crop insurance program established under this subchapter, as determined by the Corporation; and

  (F) veteran farmers or ranchers.
• 7 U.S.C. § 1524(a)(3)(D)(iii)

  Go to provision →
  (iii) are converting production and marketing systems to pursue new markets; and²
• 7 U.S.C. § 1531(a)(8)(A)

  Go to provision →
  (A) The term “eligible producer on a farm” means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock.
• 7 U.S.C. § 1531(b)(4)(A)(i)(II)

  Go to provision →
  (II) subject to subparagraphs (B) and (C), to the extent practicable, the national average market price received for the marketing year, as determined by the Secretary;
• 7 U.S.C. § 1531(b)(4)(B)

  Go to provision →
  (B) The Secretary shall adjust the average market price received by the eligible producer on a farm—

  (i) to reflect the average quality discounts applied to the local or regional market price of a crop or mechanically harvested forage due to a reduction in the intrinsic characteristics of the production resulting from adverse weather, as determined annually by the State office of the Farm Service Agency;

  (ii) to account for a crop the value of which is reduced due to excess moisture resulting from a disaster-related condition; and

  (iii) as the Secretary determines appropriate, to reflect regional variations in a manner consistent with the operation of the crop insurance program under subchapter I and the noninsured crop assistance program.
• 7 U.S.C. § 1531(b)(4)(B)(i)

  Go to provision →
  (i) to reflect the average quality discounts applied to the local or regional market price of a crop or mechanically harvested forage due to a reduction in the intrinsic characteristics of the production resulting from adverse weather, as determined annually by the State office of the Farm Service Agency;
• 7 U.S.C. § 1531(b)(4)(C)

  Go to provision →
  (C) With respect to a crop for which an eligible producer on a farm receives assistance under the noninsured crop assistance program, the national average market price received during the marketing year shall be an amount not more than 100 percent of the price of the crop established under the noninsured crop assistance program.
• 7 U.S.C. § 1531(c)(2)

  Go to provision →
  (2) Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary.
• 7 U.S.C. § 1531(g)(7)(A)(ii)(I)

  Go to provision →
  (I) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under subchapter I (excluding a crop insurance pilot program under that subchapter) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and
• 7 U.S.C. § 1531(g)(7)(B)(i)

  Go to provision →
  (i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and
• 7 U.S.C. § 1621

  Go to provision →
  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 research 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.
• 7 U.S.C. § 1622(a)

  Go to provision →
  (a) 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.
• 7 U.S.C. § 1622(e)(1)

  Go to provision →
  (1) 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.
• 7 U.S.C. § 1622(g)

  Go to provision →
  (g) 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.
• 7 U.S.C. § 1622(k)

  Go to provision →
  (k) 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.
• 7 U.S.C. § 1622b(a)(1)

  Go to provision →
  (1) carry out market news activities to provide timely price and shipment information of specialty crops in the United States; and
• 7 U.S.C. § 1622b(b)

  Go to provision →
  (b) In addition to any other funds made available through annual appropriations for market news services, there is authorized to be appropriated to carry out this section $9,000,000 for each of fiscal years 2008 through 2023, to remain available until expended.
• 7 U.S.C. § 1623(a)

  Go to provision →
  (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.
• 7 U.S.C. § 1623(b)

  Go to provision →
  (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.
• 7 U.S.C. § 1627b(c)(3)

  Go to provision →
  (3) provide assistance to meet the needs of the sheep or goat industry for infrastructure development, business development, production, resource development, and market and environmental research;
• 7 U.S.C. § 1627b(e)(3)(G)(v)

  Go to provision →
  (v) guarantee or purchase insurance for local obligations to improve credit market access or reduce interest rates for a project that is in accordance with the strategic plan;
• 7 U.S.C. § 1627b(e)(4)(A)

  Go to provision →
  (A) A loan from the Fund may be made at an interest rate that is below the market rate or may be interest free.
• 7 U.S.C. § 1627c(a)(6)

  Go to provision →
  (6) The term “mid-tier value chain” means a local or regional supply network that links independent producers with businesses and cooperatives that market value-added agricultural products in a manner that—

  (A) targets and strengthens the profitability and competitiveness of small and medium-sized farms and ranches that are structured as a family farm; and

  (B) obtains agreement from an eligible agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture that is engaged in the value chain on a marketing strategy.
• 7 U.S.C. § 1627c(a)(8)

  Go to provision →
  (8) The term “Program” means the Local Agriculture Market Program established under subsection (b).
• 7 U.S.C. § 1627c(a)(9)

  Go to provision →
  (9) The term “regional food chain coordination” means coordination and collaboration along the supply chain to increase connections between producers and markets.
• 7 U.S.C. § 1627c(b)

  Go to provision →
  (b) The Secretary shall establish a program, to be known as the “Local Agriculture Market Program”, that—

  (1) supports the development, coordination, and expansion of—

  (A) direct producer-to-consumer marketing;

  (B) local and regional food markets and enterprises; and

  (C) value-added agricultural products;

  (2) connects and cultivates regional food economies through public-private partnerships;

  (3) supports the development of business plans, feasibility studies, and strategies for value-added agricultural production and local and regional food system infrastructure;

  (4) strengthens capacity and regional food system development through community collaboration and expansion of mid-tier value chains;

  (5) improves income and economic opportunities for producers and food businesses through job creation; and

  (6) simplifies the application processes and the reporting processes for the Program.
• 7 U.S.C. § 1627c(b)(1)(B)

  Go to provision →
  (B) local and regional food markets and enterprises; and
• 7 U.S.C. § 1627c(c)(2)

  Go to provision →
  (2) connect producers with local food markets and value-added agricultural product opportunities;
• 7 U.S.C. § 1627c(d)(2)(A)(ii)

  Go to provision →
  (ii) farmers’ markets;
• 7 U.S.C. § 1627c(d)(2)(F)

  Go to provision →
  (F) to develop marketing strategies for producers of local food products and value-added agricultural products in new and existing markets;
• 7 U.S.C. § 1627c(d)(6)(B)(vi)

  Go to provision →
  (vi) a regional farmers’ market authority;
• 7 U.S.C. § 1627c(e)(1)(A)(xi)

  Go to provision →
  (xi) a regional farmers’ market authority.
• 7 U.S.C. § 1627c(h)(1)(A)

  Go to provision →
  (A) measures the economic impact of the Program on new and existing market outcomes;
• 7 U.S.C. § 1631(a)(3)

  Go to provision →
  (3) the exposure of purchasers of farm products to double payment inhibits free competition in the market for farm products; and
• 7 U.S.C. § 1632a(a)

  Go to provision →
  (a) The Secretary shall not use more than 2.5 percent of the funds made available to carry out the Local Agriculture Market Program established under section 1627c of this title to establish a pilot project (to be known as the “Agricultural Marketing Resource Center”) at an eligible institution described in subsection (b) that will—

  (1) develop a resource center with electronic capabilities to coordinate and provide to independent producers and processors (as determined by the Secretary) of value-added agricultural commodities and products of agricultural commodities information regarding research, business, legal, financial, or logistical assistance; and

  (2) develop a strategy to establish a nationwide market information and coordination system.
• 7 U.S.C. § 1632a(a)(2)

  Go to provision →
  (2) develop a strategy to establish a nationwide market information and coordination system.
• 7 U.S.C. § 1632b(a)(2)

  Go to provision →
  (2) assistance in marketing, market development, and business planning; and
• 7 U.S.C. § 1632b(d)(1)(B)(iii)

  Go to provision →
  (iii) the goals of the entity for increasing and improving the ability of local agricultural producers to develop markets and processes for value-added agricultural commodities or products;
• 7 U.S.C. § 1632b(d)(1)(C)

  Go to provision →
  (C) the entity demonstrates that adequate resources (in cash or in kind) are available, or have been committed to be made available, to the entity, to increase and improve the ability of local agricultural producers to develop markets and processes for value-added agricultural commodities or products; and
• 7 U.S.C. § 1632c(a)(3)

  Go to provision →
  (3) Market promotion for maple syrup and maple-sap products.
• 7 U.S.C. § 1632d(a)(1)

  Go to provision →
  (1) The term “dairy business” means a business that develops, produces, markets, or distributes dairy products.
• 7 U.S.C. § 1632d(b)(1)

  Go to provision →
  (1) diversifying dairy product markets to reduce risk and develop higher-value uses for dairy products;
• 7 U.S.C. § 1632d(f)(2)(B)

  Go to provision →
  (B) marketing and branding assistance, including market messaging, packaging innovation, consumer assessments, innovation in emerging market opportunities, and evaluation of regional, national, and international markets;
• 7 U.S.C. § 1632e

  Go to provision →
  There is hereby appropriated $1,000,000, to remain available until September 30, 2023, for a Cattle Contracts Library pilot program that the Agricultural Marketing Service shall develop and maintain within the Livestock, Poultry, and Grain Market News Division. This program shall be similar, as determined by the Secretary, to the swine contract library the U.S. Department of Agriculture currently maintains pursuant to section 198a of this title. The promulgation of the regulations and administration of this section shall be made without regard to: (1) the notice and comment provisions of section 553 of title 5; and (2) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”).
• 7 U.S.C. § 1635(1)

  Go to provision →
  (1) provides information that can be readily understood by producers, packers, and other market participants, including information with respect to the pricing, contracting for purchase, and supply and demand conditions for livestock, livestock production, and livestock products;
• 7 U.S.C. § 1635a(8)

  Go to provision →
  (8) The term “negotiated purchase” means a cash or spot market purchase by a packer of livestock from a producer under which—

  (A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and

  (B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer.
• 7 U.S.C. § 1635a(9)

  Go to provision →
  (9) The term “negotiated sale” means a cash or spot market sale by a producer of livestock to a packer under which—

  (A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and

  (B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer.
• 7 U.S.C. § 1635d(8)(B)

  Go to provision →
  (B) a formula market arrangement; and
• 7 U.S.C. § 1635e(a)(1)

  Go to provision →
  (1) provide timely, accurate, and reliable market information;
• 7 U.S.C. § 1635e(b)(1)(A)

  Go to provision →
  (A) the prices or quantities, as applicable, of the cattle purchased in the domestic market; and
• 7 U.S.C. § 1635i(6)

  Go to provision →
  (6) The term “formula price” means a price determined by a mathematical formula under which the price established for a specified market serves as the basis for the formula.
• 7 U.S.C. § 1635i(11)(A)

  Go to provision →
  (A) The term “other market formula purchase” means a purchase of swine by a packer in which the pricing mechanism is a formula price based on any market other than the market for swine, pork, or a pork product.
• 7 U.S.C. § 1635i(22)

  Go to provision →
  (22) The term “swine or pork market formula purchase” means a purchase of swine by a packer in which the pricing mechanism is a formula price based on a market for swine, pork, or a pork product, other than a future or option for swine, pork, or a pork product.
• 7 U.S.C. § 1635j(a)(1)

  Go to provision →
  (1) provide timely, accurate, and reliable market information;
• 7 U.S.C. § 1635j(c)(1)(A)(ii)

  Go to provision →
  (ii) provide for the timely access to the information by producers, packers, and other market participants.
• 7 U.S.C. § 1635j(d)(1)(B)

  Go to provision →
  (B) provide for the timely access to the information by producers, packers, and other market participants.
• 7 U.S.C. § 1635m(a)(1)

  Go to provision →
  (1) provide timely, accurate, and reliable market information;
• 7 U.S.C. § 1636(e)

  Go to provision →
  (e) Prior to the publication of any information required under this subchapter, the Secretary may make reasonable adjustments in information reported by packers to reflect price aberrations or other unusual or unique occurrences that the Secretary determines would distort the published information to the detriment of producers, packers, or other market participants.
• 7 U.S.C. § 1636(g)(2)(A)(i)

  Go to provision →
  (i) present information in a format that can be readily understood by producers, packers, and other market participants;
• 7 U.S.C. § 1636(g)(2)(B)

  Go to provision →
  (B) The Secretary shall carry out a market news education program to educate the public and persons in the livestock and meat industries about—

  (i) usage of the system developed under subparagraph (A); and

  (ii) interpreting and understanding information collected and disseminated through such system.
• 7 U.S.C. § 1637(1)

  Go to provision →
  (1) provides information that can be readily understood by producers and other market participants, including information with respect to prices, quantities sold, and inventories of dairy products;
• 7 U.S.C. § 1637b(a)(1)

  Go to provision →
  (1) provide timely, accurate, and reliable market information;
• 7 U.S.C. § 1637b(b)(1)(A)(ii)

  Go to provision →
  (ii) modify the format used to provide the information on the day before November 22, 2000, to ensure that the information can be readily understood by market participants; and
• 7 U.S.C. § 1637b(b)(2)(D)

  Go to provision →
  (D) the Secretary may exempt from all reporting requirements any manufacturer that processes and markets less than 1,000,000 pounds of dairy products per year.
• 7 U.S.C. § 1637b(c)(3)(B)

  Go to provision →
  (B) The Secretary shall quarterly conduct an audit of information submitted or reported under this subchapter and compare such information with other related dairy market statistics.
• 7 U.S.C. § 1638a(f)(2)(C)

  Go to provision →
  (C) the origin verification system established to carry out the market access program under section 5623(b) of this title.
• 7 U.S.C. § 1639b(b)(3)

  Go to provision →
  (3) For the purpose of regulations promulgated and food disclosures made pursuant to paragraph (2), a bioengineered food that has successfully completed the pre-market Federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart of the food solely because the food is bioengineered or produced or developed with the use of bioengineering.
• 7 U.S.C. § 1642(d)

  Go to provision →
  (d) Any person who knowingly and willfully exports wheat or wheat-flour from the United States, or who knowingly and willfully imports wheat or wheat-flour into the United States for consumption therein, in excess of the quantity of wheat or wheat-flour permitted to be exported or imported, as the case may be, under regulations issued by the President shall forfeit to the United States a sum equal to two times the market value at the time of the commission of any such act, of the quantity of wheat or wheat-flour by which any such exportation or importation exceeds the authorized amount which forfeiture shall be recoverable in a civil suit brought in the name of the United States.
• 7 U.S.C. § 1691a(b)(1)(C)(ii)

  Go to provision →
  (ii) is provided in a manner that avoids disincentives to local agricultural production and marketing and with minimal potential for disruption of commercial markets; and
• 7 U.S.C. § 1726c(c)(1)

  Go to provision →
  (1) Any eligible commodity that is procured for a field-based project carried out under subsection (b) shall be procured through any approach or methodology that the Secretary considers to be an effective approach or methodology to provide adequate information regarding the manner by which to expedite, to the maximum extent practicable, the provision of food aid to affected populations without significantly increasing commodity costs for low-income consumers who procure commodities sourced from the same markets at which the eligible commodity is procured.
• 7 U.S.C. § 1726c(c)(2)(C)(ii)

  Go to provision →
  (ii) The procurement of any eligible commodity shall be made at a reasonable market price with respect to the economy of the country in which the eligible commodity is procured, as determined by the Secretary.
• 7 U.S.C. § 1726c(e)(3)(A)(ii)

  Go to provision →
  (ii) markets and consumers, including low-income consumers; and
• 7 U.S.C. § 1727e(a)(4)

  Go to provision →
  (4) the promotion of free and open markets through specific policies and programs;
• 7 U.S.C. § 1731(b)

  Go to provision →
  (b) Subsection (a)(1) shall not be construed to prohibit representatives of the United States wine, beer, distilled spirits, or other alcoholic beverage industry from participating in agricultural market development activities carried out by the Secretary with foreign currencies made available under subchapter II of this chapter.
• 7 U.S.C. § 1733(e)(2)

  Go to provision →
  (2) Sales of agricultural commodities described in paragraph (1) shall be made at a reasonable market price in the economy where the agricultural commodity is to be sold, as determined by the Secretary or the Administrator, as appropriate.
• 7 U.S.C. § 1734(d)(2)

  Go to provision →
  (2) promoting free and open markets for food and agricultural producers; and
• 7 U.S.C. § 1736e(a)(2)(D)

  Go to provision →
  (D) even though such an agreement, program, facility, or arrangement is not in effect, the country is pursuing national economic policy reforms that would promote democratic, market-oriented, and long term economic development.
• 7 U.S.C. § 1736f(d)

  Go to provision →
  (d) Notwithstanding any other provision of law, in determining the reimbursement due the Commodity Credit Corporation for all expenses incurred under this chapter, commodities from the inventory of the Commodity Credit Corporation that were acquired under dairy price support operations shall be valued at a price not greater than the export market price for such commodities, as determined by the Secretary, as of the time such commodity is made available under this chapter.
• 7 U.S.C. § 1736f–1(b)(1)(D)(ii)

  Go to provision →
  (ii) as a result of an exchange of any commodity held in the trust for an equivalent amount of funds from the market, if the Secretary determines that such a sale of the commodity on the market will not unduly disrupt domestic markets; or
• 7 U.S.C. § 1736f–1(b)(2)(A)(i)(II)

  Go to provision →
  (II) in the market, if the Secretary determines that the purchases will not unduly disrupt the market; or
• 7 U.S.C. § 1736f–1(b)(2)(B)

  Go to provision →
  (B) Any funds used to acquire eligible commodities through purchases from producers or in the market to replenish the trust shall be derived—

  (i) with respect to fiscal years 2000 through 2023 from funds made available to carry out the Food for Peace Act (7 U.S.C. 1691 et seq.) that are used to repay or reimburse the Commodity Credit Corporation for the release of eligible commodities under subsections (c)(1) and (f)(2), except that, of such funds, not more than $20,000,000 may be expended for this purpose in each of the fiscal years 2000 through 2023;

  (ii) from funds authorized for that use by an appropriations Act; or

  (iii) from funds accrued through the management of the trust under subsection (d).
• 7 U.S.C. § 1736f–1(c)(1)(A)(ii)(IV)

  Go to provision →
  (IV) severe food access or availability conditions resulting from sudden economic shocks, market failure, or economic collapse, that result in an erosion of the ability of communities and vulnerable populations to meet food needs.
• 7 U.S.C. § 1736f–1(f)(2)(B)(ii)

  Go to provision →
  (ii) the export market price of the eligible commodity (as determined by the Secretary) as of the time the eligible commodity is released from the trust.
• 7 U.S.C. § 1736g–1(a)

  Go to provision →
  (a) Local currencies that are made available for use under this chapter may not be used to finance the production for export of agricultural commodities (or products thereof) that would compete in the world market with similar agricultural commodities (or products thereof) produced in the United States, if such competition would cause substantial injury to the United States producers, as determined by the President.
• 7 U.S.C. § 1736o(d)

  Go to provision →
  (d) In determining whether to enter into an agreement under this section, the Secretary shall consider whether a potential recipient country is committed to carry out, or is carrying out, policies that promote economic freedom, private, domestic production of eligible commodities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of such eligible commodities. Such policies may provide for, among other things—

  (1) access, on the part of farmers in the country, to private, competitive markets for their product;

  (2) market pricing of eligible commodities to foster adequate private sector incentives to individual farmers to produce food on a regular basis for the country’s domestic needs;

  (3) establishment of market-determined foreign exchange rates;

  (4) timely availability of production inputs (such as seed, fertilizer, or pesticides) to farmers;

  (5) access to technologies appropriate to the level of agricultural development in the country; and

  (6) construction of facilities and distribution systems necessary to handle perishable products.
• 7 U.S.C. § 1736o(d)(1)

  Go to provision →
  (1) access, on the part of farmers in the country, to private, competitive markets for their product;
• 7 U.S.C. § 1736o(d)(2)

  Go to provision →
  (2) market pricing of eligible commodities to foster adequate private sector incentives to individual farmers to produce food on a regular basis for the country’s domestic needs;
• 7 U.S.C. § 1736o(d)(3)

  Go to provision →
  (3) establishment of market-determined foreign exchange rates;
• 7 U.S.C. § 1736o(l)(3)

  Go to provision →
  (3) The Secretary may use the assistance provided under this subsection and proceeds derived from the sale of eligible commodities under paragraph (2) to design, monitor, and administer activities undertaken with such assistance, for the purpose of strengthening or creating the capacity of recipient country private enterprises to undertake commercial transactions, with the overall goal of increasing potential markets for United States agricultural eligible commodities.
• 7 U.S.C. § 1736p(1)

  Go to provision →
  (1) be the premier supplier of agricultural and food products to world markets and expand exports of high value products;
• 7 U.S.C. § 1736r(a)(5)

  Go to provision →
  (5) the Uruguay Round Agreement on Agriculture made significant progress in the attainment of increased market access opportunities for United States exports of agricultural products, for the first time—

  (A) restraining foreign trade-distorting domestic support and export subsidy programs; and

  (B) developing common rules for the application of sanitary and phytosanitary restrictions;

  that should result in increased exports of United States agricultural products, jobs, and income growth in the United States;
• 7 U.S.C. § 1736r(b)(3)

  Go to provision →
  (3) ending the practice of export dumping by eliminating all trade distorting export subsidies and disciplining state trading entities so that they do not (except in cases of bona fide food aid) sell in foreign markets at prices below domestic market prices or prices below their full costs of acquiring and delivering agricultural products to the foreign markets; and
• 7 U.S.C. § 1736u(a)

  Go to provision →
  (a) It is the sense of Congress that the cooperator market development program of the Foreign Agricultural Service should be continued to help develop new markets and expand and maintain existing markets for United States agricultural commodities, using nonprofit agricultural trade organizations to the maximum extent practicable.
• 7 U.S.C. § 1736u(b)

  Go to provision →
  (b) The cooperator market development program shall be exempt from the requirements of Circular A 110 issued by the Office of Management and Budget.
• 7 U.S.C. § 1737(a)(2)

  Go to provision →
  (2) The term “emerging market” means a country that the Secretary determines—

  (A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of the country; and

  (B) has the potential to provide a viable and significant market for United States agricultural commodities or products of United States agricultural commodities.
• 7 U.S.C. § 1737(a)(2)(A)

  Go to provision →
  (A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of the country; and
• 7 U.S.C. § 1737(a)(2)(B)

  Go to provision →
  (B) has the potential to provide a viable and significant market for United States agricultural commodities or products of United States agricultural commodities.
• 7 U.S.C. § 1737(b)

  Go to provision →
  (b) Notwithstanding section 1342 of title 31 or any other provision of law, to further assist developing countries, middle-income countries, emerging markets, sub-Saharan African countries, and Caribbean Basin countries to increase farm production and farmer incomes, the President may—

  (1) establish and administer a program, to be known as the “John Ogonowski and Doug Bereuter Farmer-to-Farmer Program”, of farmer-to-farmer technical assistance between the United States and such countries to assist in—

  (A) increasing food production and distribution; and

  (B) improving the effectiveness of the farming and marketing operations of agricultural producers in those countries;

  (2) use United States agricultural producers, agriculturalists, colleges and universities (including historically black colleges and universities, land grant colleges or universities, and foundations maintained by colleges or universities), private agribusinesses, private organizations (including grassroots organizations with an established and demonstrated capacity to carry out such a bilateral exchange program), private corporations, employees or staff of a State cooperative institution (as such term is defined in paragraph 18 of section 3103 of this title, except that subparagraphs (E), (F), and (G) of such paragraph shall not apply), and nonprofit farm organizations to work in conjunction with agricultural producers and farm organizations in those countries, on a voluntary basis—

  (A) to improve agricultural and agribusiness operations and agricultural systems in those countries, including improving—

  (i) animal care and health;

  (ii) field crop cultivation;

  (iii) fruit and vegetable growing;

  (iv) livestock operations;

  (v) food processing and packaging;

  (vi) farm credit;

  (vii) marketing;

  (viii) inputs¹

  (ix) agricultural education and extension;

  (x) selection of seed varieties and plant stocks;

  (xi) knowledge of insecticide and sanitation procedures to prevent crop destruction;

  (xii) use and maintenance of agricultural equipment and irrigation systems; and

  (xiii) selection of fertilizers and methods of soils treatment; and

  (B) to strengthen cooperatives and other agricultural groups in those countries;

  (3) transfer the knowledge and expertise of United States agricultural producers and businesses, on an individual basis, to those countries while enhancing the democratic process by supporting private and public agriculturally related organizations that request and support technical assistance activities through cash and in-kind services;

  (4) to the maximum extent practicable, make grants to or enter into contracts or other cooperative agreements with private voluntary organizations, cooperatives, land grant universities, private agribusiness, or nonprofit farm organizations to carry out this section (except that any such contract or other agreement may obligate the United States to make outlays only to the extent that the budget authority for such outlays is available under subsection (d) or has otherwise been provided in advance in appropriation Acts);

  (5) coordinate programs established under this section with other foreign assistance programs and activities carried out by the United States; and

  (6) to the extent that local currencies can be used to meet the costs of a program established under this section, augment funds of the United States that are available for such a program through the use, within the country in which the program is being conducted, of—

  (A) foreign currencies that accrue from the sale of agricultural commodities and products under this chapter; and

  (B) local currencies generated from other types of foreign assistance activities.
• 7 U.S.C. § 1737(e)(1)(B)

  Go to provision →
  (B) $5,000,000 for other developing or middle-income countries or emerging markets not described in subparagraph (A).
• 7 U.S.C. § 1738a

  Go to provision →
  The purpose of this subchapter is to encourage and support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with inter-related actions to promote debt reduction, investment reforms, and community-based conservation and sustainable use of the environment. The Facility will support such objectives through the administration of debt reduction operations relating to those countries that meet investment reform and other policy conditions provided for in this subchapter.
• 7 U.S.C. § 1743(a)

  Go to provision →
  (a) Such commodity set-aside shall be reduced by disposals made in accordance with the directions of the President as follows:

  (1) Donation, sale, or other disposition for disaster or other relief purposes outside the United States pursuant to and subject to the limitations of subchapter III of chapter 41 of this title;

  (2) Sale or barter (including barter for strategic materials) to develop new or expanded markets for American agricultural commodities, including but not limited to disposition pursuant to and subject to the limitations of subchapter II of chapter 41 of this title;

  (3) Donation to school-lunch programs;

  (4) Transfer to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), without reimbursement from funds appropriated for the purposes of that Act;

  (5) Donation, sale, or other disposition for research, experimental, or educational purposes;

  (6) Donation, sale, or other disposition for disaster relief purposes in the United States or to meet any national emergency declared by the President; and

  (7) Sale for unrestricted use to meet a need for increased supplies at not less than 105 per centum of the parity price in the case of agricultural commodities and a price reflecting 105 per centum of the parity price of the agricultural commodity in the case of products of agricultural commodities.

  The President shall prescribe such terms and conditions for the disposal of commodities in the commodity set-aside as he determines will provide adequate safeguards against interference with normal marketings of the supplies of such commodities outside the commodity set-aside. Strategic materials acquired by the Commodity Credit Corporation under paragraph (2) of this subsection shall be transferred to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act [50 U.S.C. 98 et seq.], and the Commodity Credit Corporation shall be reimbursed for the value of the commodities bartered for such strategic materials from funds appropriated for purposes of that Act. For the purpose of such reimbursement, the value of any commodity so bartered shall be the lower of the domestic market price or the Commodity Credit Corporation’s investment therein as of the date of such barter, as determined by the Secretary of Agriculture.
• 7 U.S.C. § 1743(a)(2)

  Go to provision →
  (2) Sale or barter (including barter for strategic materials) to develop new or expanded markets for American agricultural commodities, including but not limited to disposition pursuant to and subject to the limitations of subchapter II of chapter 41 of this title;
• 7 U.S.C. § 1747

  Go to provision →
  In order to make payment to the Commodity Credit Corporation for any commodities transferred to the national stockpile pursuant to section 1743(a)(4) of this title, there are authorized to be appropriated amounts equal to the value of any commodities so transferred. The value of any commodity so transferred, for the purpose of this section, shall be the lower of the domestic market price or the Commodity Credit Corporation’s investment therein as of the date of transfer to the stockpile, as determined by the Secretary of Agriculture
• 7 U.S.C. § 1762(b)(1)

  Go to provision →
  (1) to which a substantial number of governments with which the United States competes directly for agricultural markets in such nation assign agricultural representatives with the diplomatic status of counselor or its equivalent; or
• 7 U.S.C. § 1762(b)(2)(A)

  Go to provision →
  (A) the potential is great for long-term expansion of a market for United States agricultural commodities, and
• 7 U.S.C. § 1762(b)(2)(B)

  Go to provision →
  (B) competition with other nations for existing and potential agricultural markets is extremely intense.
• 7 U.S.C. § 1765a(a)

  Go to provision →
  (a) For the purpose of developing, maintaining, and expanding international markets for United States agricultural commodities, the Secretary of Agriculture, after consultation with the Secretary of State, shall establish not less than six nor more than twenty-five United States Agricultural Trade Offices in other nations.
• 7 U.S.C. § 1765b(1)

  Go to provision →
  (1) increase the effectiveness of agricultural export promotion efforts through consolidation of activities, providing services and facilities for foreign buyers and United States trade representatives, and coordination of market development activities sponsored by the Department of Agriculture;
• 7 U.S.C. § 1765b(2)

  Go to provision →
  (2) establish goals by nation or region and agricultural commodity for developing, expanding, and maintaining markets for United States agricultural commodities;
• 7 U.S.C. § 1765b(4)

  Go to provision →
  (4) maintain facilities for use by nonresident cooperators, private trade groups, and other individuals engaged in the import and export of United States agricultural commodities where the use of such facilities would aid in the conduct of market development activities, and cooperate, to the maximum extent practicable, with such cooperators, groups, and individuals to expand the level of United States agricultural exports;
• 7 U.S.C. § 1765b(7)

  Go to provision →
  (7) provide practical assistance for the use of the programs under the Food for Peace Act [7 U.S.C. 1691 et seq.], the export credit sales program, the export incentives program, and related programs of the United States Government where use of such programs will serve as a market development tool for United States agriculture;
• 7 U.S.C. § 1856(c)

  Go to provision →
  (c) In order to reimburse the Commodity Credit Corporation for materials transferred to the supplemental stockpile there are hereby authorized to be appropriated amounts equal to the value of any materials so transferred. The value of any such material for the purpose of this subsection, shall be the lower of the domestic market price or the Commodity Credit Corporation’s investment therein as of the date of such transfer as determined by the Secretary of Agriculture.
• 7 U.S.C. § 1907(a)(4)

  Go to provision →
  (4) the extent to which nonambulatory livestock may present handling and disposition problems for stockyards, market agencies, and dealers.
• 7 U.S.C. § 1907(b)

  Go to provision →
  (b) Based on the findings of the report, if the Secretary determines it necessary, the Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of nonambulatory livestock by stockyards, market agencies, and dealers.
• 7 U.S.C. § 1927(a)(2)

  Go to provision →
  (2) Except as otherwise provided in paragraphs (3), (4), (5), and (6) of this subsection, the interest rates on loans under this subchapter shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus not to exceed 1 per centum, as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum.
• 7 U.S.C. § 1927(a)(3)(A)

  Go to provision →
  (A) Notwithstanding the provisions of the constitution or laws of any State limiting the rate or amount of interest that may be charged, taken, received, or reserved, except as provided in paragraph (6), the interest rates on loans (other than guaranteed loans), to public bodies or nonprofit associations (including Indian tribes on Federal and State reservations and other federally recognized Indian tribal groups) for water and waste disposal facilities and essential community facilities shall be set by the Secretary at rates not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for such loans, and adjusted to the nearest one-eighth of 1 per centum; and not in excess of 5 per centum per annum for any such loans which are for the upgrading of existing facilities or construction of new facilities as required to meet applicable health or sanitary standards in areas where the median household income of the persons to be served by such facility is below the higher of 80 per centum of the statewide nonmetropolitan median household income or the poverty line established by the Office of Management and Budget, as revised under section 9902(2) of title 42 and in other areas as the Secretary may designate where a significant percentage of the persons to be served by such facilities are of low income, as determined by the Secretary; and not in excess of 7 per centum per annum on loans for such facilities that do not qualify for the 5 per centum per annum interest rate but are located in areas where the median household income of the persons to be served by the facility does not exceed 100 per centum of the statewide nonmetropolitan median household income.
• 7 U.S.C. § 1927(a)(3)(B)(i)(I)

  Go to provision →
  (I) an amount that does not exceed one-half of the current average market yield on outstanding marketable obligations of the United States with maturities of 5 years; and
• 7 U.S.C. § 1927(a)(3)(E)(i)(I)

  Go to provision →
  (I) in the case of a loan that would be subject to the 5 percent interest rate limitation under subparagraph (A), the Secretary shall establish the interest rate at a rate that is equal to 60 percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan, adjusted to the nearest ⅛ of 1 percent; and
• 7 U.S.C. § 1927(a)(3)(E)(i)(II)

  Go to provision →
  (II) in the case of a loan that would be subject to the 7 percent limitation under subparagraph (A), the Secretary shall establish the interest rate at a rate that is equal to 80 percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan, adjusted to the nearest ⅛ of 1 percent.
• 7 U.S.C. § 1927(a)(4)

  Go to provision →
  (4) Except as provided in paragraph (6), the interest rates on loans under sections 1926(a)(1) and 1932 of this title (other than guaranteed loans and loans as described in paragraph (3) of this subsection) shall be as determined by the Secretary, but not less than such rates as determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted in the judgment of the Secretary of the Treasury to provide for rates comparable to the rates prevailing in the private market for similar loans and considering the Secretary’s insurance of the loans, plus an additional charge, prescribed by the Secretary, to cover the Secretary’s losses and cost of administration, which charge shall be deposited in the Rural Development Insurance Fund, and further adjusted to the nearest one-eighth of 1 per centum.
• 7 U.S.C. § 1929(c)

  Go to provision →
  (c) The Secretary is authorized to make and issue notes to the Secretary of the Treasury for the purpose of obtaining funds necessary for discharging obligations under this section and for authorized expenditures out of the fund. Such notes shall be in such form and denominations and have such maturities and be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes shall bear interest at a rate fixed by the Secretary of the Treasury, taking into consideration the current average market yield of outstanding marketable obligations of the United States having maturities comparable to the notes issued by the Secretary under this subchapter. The Secretary of the Treasury is authorized and directed to purchase any notes of the Secretary issued hereunder, and, for that purpose, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which such securities may be issued under such chapter are extended to include the purchase of notes issued by the Secretary. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes shall be treated as public debt transactions of the United States.
• 7 U.S.C. § 1929(h)(2)

  Go to provision →
  (2) The interest rate payable by a borrower on the portion of a guaranteed loan that is sold by a lender to the secondary market under this chapter may be lower than the interest rate charged on the portion retained by the lender, but shall not exceed the average interest rate charged by the lender on loans made to farm and ranch borrowers.
• 7 U.S.C. § 1929a(d)

  Go to provision →
  (d) The Secretary is authorized to make and issue notes to the Secretary of the Treasury for the purpose of obtaining funds necessary for discharging obligations under this section and for making loans, advances, and authorized expenditures out of the Insurance Fund. Such notes shall be in such form and denominations and have such maturities and be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes shall bear interest at a rate fixed by the Secretary of the Treasury, taking into consideration the current average market yield of outstanding marketable obligations of the United States having maturities comparable to the average maturities of rural development loans made, guaranteed, or insured under this chapter. The Secretary of the Treasury is authorized and directed to purchase any notes of the Secretary issued hereunder, and, for that purpose, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which such securities may be issued under such chapter are extended to include the purchase of notes issued by the Secretary hereunder. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes shall be treated as public debt transactions of the United States.
• 7 U.S.C. § 1929b

  Go to provision →
  The Secretary may purchase, on such terms and conditions as the Secretary deems appropriate, the guaranteed portion of any loan guaranteed under this chapter: Provided, That the Secretary may not pay for any such guaranteed portion of a loan in excess of an amount equal to the unpaid principal balance and accrued interest on the guaranteed portion of the loan. The Secretary may use for such purchases funds from the Rural Development Insurance Fund with respect to rural development loans as defined in section 1929a(a) of this title and funds from the Agricultural Credit Insurance Fund with respect to all other loans under this chapter. This authority may be exercised only if the Secretary determines that an adequate secondary market is not available in the private sector.
• 7 U.S.C. § 1932(c)(3)(A)(v)

  Go to provision →
  (v) establish centers for training, technology, and trade that will provide training to rural businesses in the use of interactive communications technologies to develop international trade opportunities and markets; or
• 7 U.S.C. § 1932(g)(7)(A)

  Go to provision →
  (A) In determining whether a cooperative organization is eligible for a guaranteed business and industry loan, the Secretary may consider the market value of a properly appraised brand name, patent, or trademark of the cooperative.
• 7 U.S.C. § 1932(g)(9)(A)(ii)(I)

  Go to provision →
  (I) limited access to affordable, healthy foods, including fresh fruits and vegetables, in grocery retail stores or farmer-to-consumer direct markets; and
• 7 U.S.C. § 1932(g)(9)(B)(i)

  Go to provision →
  (i) The Secretary shall make or guarantee loans to individuals, cooperatives, cooperative organizations, businesses, and other entities to establish and facilitate enterprises that process, distribute, aggregate, store, and market locally or regionally produced agricultural food products to support community development and farm and ranch income.
• 7 U.S.C. § 1932(i)(1)(D)

  Go to provision →
  (D) expands markets for the agricultural commodities produced by producers through the use of practices that enhance the environment, natural resource base, and quality of life; and
• 7 U.S.C. § 1932(i)(2)(D)

  Go to provision →
  (D) expand markets for agricultural commodities produced by the producers by using practices that enhance the environment, natural resource base, and quality of life.
• 7 U.S.C. § 1946(a)(1)

  Go to provision →
  (1) The Secretary shall make all loans under this subchapter upon the full personal liability of the borrower and upon such security as the Secretary may prescribe. The interest rates on such loans, except for guaranteed loans and loans as provided in paragraphs (2) and (3),¹ shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus an additional charge not to exceed 1 per centum as determined by the Secretary, which charge shall be deposited in the Rural Development Insurance Fund or the Agricultural Credit Insurance Fund, as appropriate, and adjusted to the nearest one-eighth of 1 per centum. The interest rate on any guaranteed loan made under this subchapter shall be such rate as may be agreed upon by the borrower and lender, but not in excess of a rate as may be determined by the Secretary.
• 7 U.S.C. § 1946(a)(2)(A)(i)

  Go to provision →
  (i) an amount that does not exceed one-half of the current average market yield on outstanding marketable obligations of the United States with maturities of 5 years; and
• 7 U.S.C. § 1961(b)(3)(A)(i)(III)

  Go to provision →
  (III) obtains, for the term of the loan, hazard insurance for the full market value of the chicken house; and
• 7 U.S.C. § 1961(b)(3)(B)(i)(III)

  Go to provision →
  (III) the farmer obtains, for the term of the loan, hazard insurance for the full market value of the chicken house; and
• 7 U.S.C. § 1964(b)(2)

  Go to provision →
  (2) For loans or portions of loans in excess of the amount of the applicant’s actual loss caused by the disaster, as limited under subsection (a)(1) of this section, (A) the interest for insured loans shall be at rates prevailing in the private market for similar loans, as determined by the Secretary, and (B) the interest for guaranteed loans shall be at rates agreed on by the borrower and lender, but not in excess of such rates as may be determined by the Secretary.
• 7 U.S.C. § 1985(c)(1)(B)(i)

  Go to provision →
  (i) Not later than 135 days after acquiring real property, the Secretary shall offer to sell the property to a qualified beginning farmer or rancher or a socially disadvantaged farmer or rancher at current market value based on a current appraisal.
• 7 U.S.C. § 1985(e)(1)(A)(ix)

  Go to provision →
  (ix) Notwithstanding any other clause of this subparagraph, the Indian tribe having jurisdiction over the Indian reservation within which the real property described in clause (i) is located may, at any time after the real property has been transferred to the Secretary of the Interior under clause (v), offer to pay the remaining amount on the lien, or the fair market value of the real property, whichever is less. Upon payment of such amount, title to such real property shall be held by the United States in trust for the tribe and such trust or restricted lands that have been acquired by the Secretary under foreclosure or voluntary transfer under a loan made or insured under this chapter and transferred to an Indian person, entity, or tribe under the provisions of this subparagraph shall be deemed to have never lost trust or restricted status.
• 7 U.S.C. § 1985(e)(1)(A)(vii)(II)

  Go to provision →
  (II) the fair market value of the real property, as of the date of the transfer to the Secretary of the Interior; or
• 7 U.S.C. § 1985(e)(1)(D)(iii)(II)(cc)

  Go to provision →
  (cc) the Secretary must offer a bid for the property that is equal to the fair market value of the property or the outstanding principal and interest of the loan, whichever is higher;
• 7 U.S.C. § 1985(e)(1)(D)(v)(II)(bb)

  Go to provision →
  (bb) the fair market value of the property; and
• 7 U.S.C. § 1985(e)(1)(D)(v)(III)(bb)

  Go to provision →
  (bb) the loan shall be for the lesser of the outstanding principal and interest of the loan or the fair market value of the property; and
• 7 U.S.C. § 1985(e)(1)(D)(vi)(I)(aa)

  Go to provision →
  (aa) the fair market value of the property; or
• 7 U.S.C. § 1985(e)(2)

  Go to provision →
  (2) The Secretary shall not offer for sale or sell any such farmland if the placing of such farmland on the market will have a detrimental effect on the value of farmland in the area.
• 7 U.S.C. § 1988(b)(1)(B)

  Go to provision →
  (B) After a loan is sold in the secondary market, the lender shall remain obligated under its guarantee agreement with the Secretary, and shall continue to service the loan in accordance with the terms and conditions of such agreement.
• 7 U.S.C. § 1988(b)(1)(C)

  Go to provision →
  (C) The Secretary shall develop such procedures as are necessary for the facilitation, administration, and promotion of secondary market operations, and for determining the increase of farmers’ access to capital at reasonable rates and terms as a result of secondary market operations.
• 7 U.S.C. § 1988(b)(2)(A)

  Go to provision →
  (A) The Secretary may, directly or through a market maker approved by the Secretary, issue pool certificates representing ownership of part or all of the guaranteed portion of any loan guaranteed by the Secretary under this chapter. Such certificates shall be based on and backed by a pool established or approved by the Secretary and composed solely of the entire guaranteed portion of such loans.
• 7 U.S.C. § 1988(b)(2)(B)

  Go to provision →
  (B) The Secretary may, on such terms and conditions as the Secretary deems appropriate, guarantee the timely payment of the principal and interest on pool certificates issued on behalf of the Secretary by approved market makers for purposes of this subsection. Such guarantee shall be limited to the extent of principal and interest on the guaranteed portions of loans that compose the pool. If a loan in such pool is prepaid, either voluntarily or by reason of default, the guarantee of timely payment of principal and interest on the pool certificates shall be reduced in proportion to the amount of principal and interest such prepaid loan represents in the pool. Interest on prepaid or defaulted loans shall accrue and be guaranteed by the Secretary only through the date of payment on the guarantee. During the term of the pool certificate, the certificate may be called for redemption due to prepayment or default of all loans constituting the pool.
• 7 U.S.C. § 1988(b)(2)(C)

  Go to provision →
  (C) The full faith and credit of the United States is pledged to the payment of all amounts that may be required to be paid under any guarantee of such pool certificates issued by approved market makers under this subsection. The Secretary may expend amounts in the Agricultural Credit Insurance Fund to make payments on such guarantees.
• 7 U.S.C. § 1988(b)(3)(A)

  Go to provision →
  (A) Provide for the central collection of registration information from all participating market makers for all loans and pool certificates sold under paragraphs (1) and (2). Such information shall include, with respect to each original sale and any subsequent sale, identification of the interest rate paid by the borrower to the lender, the lender’s servicing fee, whether interest on the loan is at a fixed or variable rate, identification of each purchaser of a pool certificate, the interest rate paid on the certificate, and such other information as the Secretary deems appropriate.
• 7 U.S.C. § 1988(b)(3)(E)

  Go to provision →
  (E) Require each market maker—

  (i) to service all pools formed, and participations sold, by the market maker; and

  (ii) to provide the Secretary with information relating to the collection and disbursement of all periodic payments, prepayments, and default funds from lenders, to or from the reserve fund that the Secretary shall establish to enable the timely payment guarantee to be self-funding, and from all beneficial holders.
• 7 U.S.C. § 1988(b)(3)(E)(i)

  Go to provision →
  (i) to service all pools formed, and participations sold, by the market maker; and
• 7 U.S.C. § 1988(b)(3)(F)

  Go to provision →
  (F) Regulate market makers in pool certificates sold under this subsection.
• 7 U.S.C. § 1993(b)(4)

  Go to provision →
  (4) the market placement program established by section 2006d of this title; and
• 7 U.S.C. § 2000(c)(4)(B)

  Go to provision →
  (B) At any time during the period of occupancy of a borrower-owner who is a socially disadvantaged farmer or rancher (as defined in section 2003(e)(2) of this title), the borrower-owner or a member of the immediate family of the borrower-owner shall have a right of first refusal to reacquire the homestead property on such terms and conditions as the Secretary shall determine, except that the Secretary may not demand a payment for the homestead property that is in excess of the current market value of the homestead property as established by an independent appraisal. The independent appraisal shall be conducted by an appraiser selected by the borrower-owner or immediate family member, as the case may be, from a list of three appraisers approved by the county supervisor.
• 7 U.S.C. § 2001(c)(6)(C)

  Go to provision →
  (C) not later than 90 days after receipt of the notification described in paragraph (4)(B), the borrower pays (or obtains third-party financing to pay) the Secretary an amount equal to the current market value.
• 7 U.S.C. § 2006d

  Go to provision →
  The Secretary shall establish a market placement program for qualified beginning farmers and ranchers and other borrowers of farmer program loans that the Secretary believes have a reasonable chance of qualifying for commercial credit with a guarantee provided under this chapter.
• 7 U.S.C. § 2008q–1(b)(2)(B)

  Go to provision →
  (B) the provision of agricultural labor market information;
• 7 U.S.C. § 2008s(b)(4)(A)(i)(I)

  Go to provision →
  (I) provide training, operational support, business planning, and market development assistance, and other related services to rural microentrepreneurs; and
• 7 U.S.C. § 2008w(b)(3)(D)

  Go to provision →
  (D) the ability of the partnership to link rural communities to markets, networks, industry clusters, and other regional opportunities and assets;
• 7 U.S.C. § 2008w(d)(1)(B)(i)

  Go to provision →
  (i) linking rural communities and entrepreneurs to markets, networks, industry clusters, and other regional opportunities to support high-wage job creation, new business formation, business expansion, and economic growth;
• 7 U.S.C. § 2009bb–1a(a)(1)

  Go to provision →
  (1) to develop a regional transmission system for movement of renewable energy to markets outside the region;
• 7 U.S.C. § 2012(o)(4)

  Go to provision →
  (4) any private nonprofit cooperative food purchasing venture, including those in which the members pay for food purchased prior to the receipt of such food, or agricultural producers who market agricultural products directly to consumers; and
• 7 U.S.C. § 2012(u)(1)(A)

  Go to provision →
  (A) the relevant market baskets of the thrifty food plan shall only be changed pursuant to paragraph (4);
• 7 U.S.C. § 2012(u)(4)(A)

  Go to provision →
  (A) Not earlier than October 1, 2027, the Secretary may re-evaluate the market baskets of the thrifty food plan based on current food prices, food composition data, consumption patterns, and dietary guidance.
• 7 U.S.C. § 2014(g)(2)(B)(iv)

  Go to provision →
  (iv) subject to subparagraphs (C) and (D), any licensed vehicle that is used for household transportation or to obtain or continue employment to the extent that the fair market value of the vehicle exceeds $4,650; and
• 7 U.S.C. § 2015(d)(4)(I)(i)(II)

  Go to provision →
  (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the participation of an individual in the program (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act [42 U.S.C. 601 et seq.] is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. Individuals subject to the program under this paragraph may not be required to participate if dependent costs exceed the limit established by the State agency under this subclause or other actual costs exceed any limit established under subclause (I).
• 7 U.S.C. § 2016(f)(2)(B)(i)

  Go to provision →
  (i) farmers’ markets and other direct-to-consumer markets, military commissaries, nonprofit food buying cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 2012(k) of this title; and
• 7 U.S.C. § 2016(f)(5)(C)

  Go to provision →
  (C) A farmers’ market or direct marketing farmer that is exempt under paragraph (2)(B)(i) shall be allowed to operate an individual electronic benefit transfer point of sale device at more than 1 location under the same supplemental nutrition assistance program authorization, if—

  (i) the farmers’ market or direct marketing farmer provides to the Secretary information on location and hours of operation at each location; and

  (I) the point of sale device used by the farmers’ market or direct marketing farmer is capable of providing location information of the device through the electronic benefit transfer system; or

  (II) if the Secretary determines that the technology is not available for a point of sale device to meet the requirement under subclause (I), the farmers’ market or direct marketing farmer provides to the Secretary any other information, as determined by the Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.
• 7 U.S.C. § 2016(f)(5)(C)(i)

  Go to provision →
  (i) the farmers’ market or direct marketing farmer provides to the Secretary information on location and hours of operation at each location; and
• 7 U.S.C. § 2016(f)(5)(C)(ii)(I)

  Go to provision →
  (I) the point of sale device used by the farmers’ market or direct marketing farmer is capable of providing location information of the device through the electronic benefit transfer system; or
• 7 U.S.C. § 2016(f)(5)(C)(ii)(II)

  Go to provision →
  (II) if the Secretary determines that the technology is not available for a point of sale device to meet the requirement under subclause (I), the farmers’ market or direct marketing farmer provides to the Secretary any other information, as determined by the Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.
• 7 U.S.C. § 2025(h)(3)

  Go to provision →
  (3) The Secretary shall also reimburse each State agency in an amount equal to 50 per centum of the total amount of payments made or costs incurred by the State agency in connection with transportation costs and other expenses reasonably necessary and directly related to participation in an employment and training program under section 2015(d)(4) of this title or a pilot project under paragraph (1)(F), except that the amount of the reimbursement for dependent care expenses shall not exceed an amount equal to the payment made under section 2015(d)(4)(I)(i)(II) of this title but not more than the applicable local market rate, and such reimbursement shall not be made out of funds allocated under paragraph (1).
• 7 U.S.C. § 2026(h)

  Go to provision →
  (h) The Secretary shall conduct a sufficient number of demonstration projects to evaluate the effects, in both rural and urban areas, of including in financial resources under section 2014(g) of this title the fair market value of licensed vehicles to the extent the value of each vehicle exceeds $4,500, but excluding the value of—

  (1) any licensed vehicle that is used to produce earned income, necessary for transportation of an elderly or physically disabled household member, or used as the household’s home; and

  (2) one licensed vehicle used to obtain, continue, or seek employment (including travel to and from work), used to pursue employment-related education or training, or used to secure food or the benefits of the supplemental nutrition assistance program.
• 7 U.S.C. § 2026(k)(3)(B)

  Go to provision →
  (B) increase access to farmers² markets by participating households through the electronic redemption of supplemental nutrition assistance program benefits at farmers’ markets;
• 7 U.S.C. § 2034(c)(1)(A)

  Go to provision →
  (A) community food work, particularly concerning small and medium-sized farms, including the provision of food to people in low-income communities and the development of new markets in low-income communities for agricultural producers;
• 7 U.S.C. § 2036(b)(1)

  Go to provision →
  (1) agricultural market conditions;
• 7 U.S.C. § 2101

  Go to provision →
  Cotton is the basic natural fiber of the Nation. It is produced by many individual cottongrowers throughout the various cotton-producing States of the Nation and also outside the United States. Cotton moves in the channels of interstate and foreign commerce and such cotton which does not move in such channels directly burdens or affects interstate commerce in cotton and cotton products. The efficient production of cotton and the maintenance and expansion of existing markets and the development of new or improved markets and uses is vital to the welfare of cottongrowers and those concerned with marketing, using, and processing cotton as well as the general economy of the Nation. The great inroads on the market and uses for cotton which have been made by manmade fibers have been largely the result of extensive research and promotion which have not been effectively matched by cotton research and promotion. The production and marketing of cotton by numerous individual farmers have prevented the development and carrying out of adequate and coordinated programs of research and promotion necessary to the maintenance and improvement of the competitive position of, and markets for, cotton. Without an effective and coordinated method for assuring cooperative and collective action in providing for, and financing such programs, individual cotton farmers are unable adequately to provide or obtain the research and promotion necessary to maintain and improve markets for cotton.
• 7 U.S.C. § 2204h(a)(3)(B)

  Go to provision →
  (B) barriers to local and regional market access due to Federal regulation of small-scale production; and
• 7 U.S.C. § 2204h(b)(3)(B)

  Go to provision →
  (B) the level of participation in the Local Agriculture Market Program established under section 1627c of this title, including the percentage of projects funded in comparison to applicants and the types of eligible entities receiving funds;
• 7 U.S.C. § 2204h(b)(4)(B)

  Go to provision →
  (B) access to local and regional fruit and vegetable markets, including for new and beginning small commercial producers; and
• 7 U.S.C. § 2241

  Go to provision →
  The Secretary of Agriculture is authorized to sell in the open market or to exchange for other livestock such animals or animal products as cease to be needed in the work of the department, and all moneys received from the sale of such animals or animal products or as a bonus in the exchange of the same shall be deposited in the Treasury of the United States as miscellaneous receipts.
• 7 U.S.C. § 2259

  Go to provision →
  Market-inspection certificates issued by authorized agents of the Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained.
• 7 U.S.C. § 2261

  Go to provision →
  In the conduct of foreign market development programs, the Secretary of Agriculture is authorized to credit contributions from individuals, firms, associations, agencies, and other groups, and the proceeds received from space rentals, and sales of products and materials at exhibitions, to the appropriations charged with the cost of acquiring such space, products, and materials.
• 7 U.S.C. § 2271a

  Go to provision →
  The Secretary of Agriculture may establish a program to train farmers and ranchers in advanced techniques for the marketing of agricultural commodities, livestock, and aquacultural products produced by such farmers and ranchers, including (where appropriate as determined by the Secretary) training in the use of futures and options markets.
• 7 U.S.C. § 2279h

  Go to provision →
  On and after November 10, 2005, the Chief Financial Officer shall actively market and expand cross-servicing activities of the National Finance Center.
• 7 U.S.C. § 2541(a)(1)

  Go to provision →
  (1) sell or market the protected variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it;
• 7 U.S.C. § 2611

  Go to provision →
  Potatoes are a basic food in the United States and foreign countries. They are produced by many individual potato growers in every State in the United States and imported into the United States from foreign countries. In 1966, there were one million four hundred and ninety-seven thousand acres of cropland in the United States devoted to the production of potatoes.
• 7 U.S.C. § 2618(f)

  Go to provision →
  (f) Providing for authority to use funds collected herein, with the approval of the Secretary, for the development and expansion of potato and potato product sales in foreign markets.
• 7 U.S.C. § 2669(a)

  Go to provision →
  (a) The Secretary is authorized and directed to formulate and carry out a pilot program for the production and marketing of industrial hydrocarbons derived from agricultural commodities and forest products for the purpose of stabilizing and expanding the market for such commodities and products and expanding the Nation’s supply of industrial hydrocarbons.
• 7 U.S.C. § 2701

  Go to provision →
  Eggs constitute one of the basic, natural foods in the diet. They are produced by many individual egg producers throughout the United States. Egg products, spent fowl, and products of spent fowl are derivatives of egg production. These products move in interstate and foreign commerce and those which do not move in such channels of commerce directly burden or affect interstate commerce of these products. The maintenance and expansion of existing markets and the development of new or improved markets and uses are vital to the welfare of egg producers and those concerned with marketing, using, and processing eggs as well as the general economy of the Nation. The production and marketing of these products by numerous individual egg producers have prevented the development and carrying out of adequate and coordinated programs of research and promotion necessary for the maintenance of markets and the development of new products of, and markets for, eggs, egg products, spent fowl, and products of spent fowl. Without an effective and coordinated method of assuring cooperative and collective action in providing for and financing such programs, individual egg producers are unable to provide, obtain, or carry out the research, consumer and producer information, and promotion necessary to maintain and improve markets for any or all of these products.
• 7 U.S.C. § 2702(t)

  Go to provision →
  (t) The term “handler” means any person, specified in the order or the rules and regulations issued thereunder, who receives or otherwise acquires eggs from an egg producer, and processes, prepares for marketing, or markets, such eggs, including eggs of his own production.
• 7 U.S.C. § 2703

  Go to provision →
  To effectuate the declared policy of this chapter, the Secretary shall, subject to the provisions of this chapter, issue and from time to time amend, orders applicable to persons engaged in the hatching and/or sale of egg-type baby chicks and started pullets, persons engaged in the production of commercial eggs and persons who receive or otherwise acquire eggs from such persons and who process, prepare for market, or market such eggs, including eggs of their own production, and persons engaged in the purchase, sale or processing of spent fowl. Such orders shall be applicable to all production or marketing areas, or both, in the United States.
• 7 U.S.C. § 2706(c)

  Go to provision →
  (c) Providing that hatchery operators, persons engaged in the sale of egg-type baby chicks and started pullet dealers, persons engaged in the production of commercial eggs and persons who receive or otherwise acquire eggs from such persons and who process, prepare for market, or market such eggs, including eggs of their own production, and persons engaged in the purchase, sale, or processing of spent fowl, maintain and make available for the inspection such books and records as may be required by any order issued pursuant to this chapter and for the filing of reports by such persons at the time, in the manner, and having content prescribed by the order, to the end that information and data shall be made available to the Egg Board and to the Secretary which is appropriate or necessary to the effectuation, administration or enforcement of this chapter, or of any order or regulation issued pursuant to this chapter: Provided, however, That all information so obtained shall be kept confidential by all officers and employees of the Department of Agriculture, the Egg Board, and by all officers and employees of contracting agencies having access to such information, and only such information so furnished or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Secretary, or to which he or any officer of the United States is a party, and involving the order with reference to which the information so to be disclosed was furnished or acquired. Nothing in this section shall be deemed to prohibit (1) the issuance of general statements based upon the reports of the number of persons subject to an order or statistical data collected therefrom, which statements do not identify the information furnished by any person, (2) the publication, by the direction of the Secretary, of general statements relating to refunds made by the Egg Board during any specific period, or (3) the publication by direction of the Secretary of the name of any person violating any order, together with a statement of the particular provisions of the order violated by such person. Any such officer or employee violating the provision of this subsection shall, upon conviction, be subjected to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and if an officer or employee of the Egg Board or Department of Agriculture shall be removed from office.
• 7 U.S.C. § 2901(a)(4)

  Go to provision →
  (4) the maintenance and expansion of existing markets for beef and beef products are vital to the welfare of beef producers and those concerned with marketing, using, and producing beef products, as well as to the general economy of the Nation;
• 7 U.S.C. § 2901(b)

  Go to provision →
  (b) It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all cattle sold in the United States and on cattle, beef, and beef products imported into the United States) and carrying out a coordinated program of promotion and research designed to strengthen the beef industry’s position in the marketplace and to maintain and expand domestic and foreign markets and uses for beef and beef products. Nothing in this chapter shall be construed to limit the right of individual producers to raise cattle.
• 7 U.S.C. § 2902(9)

  Go to provision →
  (9) the term “industry information” means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency, and activities to enhance the image of the cattle industry;
• 7 U.S.C. § 2902(15)

  Go to provision →
  (15) the term “research” means studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef products, other related food science research, and new product development;
• 7 U.S.C. § 3002

  Go to provision →
  For purposes of this chapter, the term “direct marketing from farmers to consumers” shall mean the marketing of agricultural commodities at any marketplace (including, but not limited to, roadside stands, city markets, and vehicles used for house-to-house marketing of agricultural commodities) established and maintained for the purpose of enabling farmers to sell (either individually or through a farmers’ organization directly representing the farmers who produced the commodities being sold) their agricultural commodities directly to individual consumers, or organizations representing consumers, in a manner calculated to lower the cost and increase the quality of food to such consumers while providing increased financial returns to the farmers.
• 7 U.S.C. § 3004(b)(1)

  Go to provision →
  (1) work with the Governor of a State, and a State agency designated by the Governor, to develop programs to train managers of farmers’ markets;
• 7 U.S.C. § 3004(b)(2)

  Go to provision →
  (2) develop opportunities to share information among managers of farmers’ markets;
• 7 U.S.C. § 3004(b)(4)

  Go to provision →
  (4) work with producers to develop farmers’ markets.
• 7 U.S.C. § 3007(a)

  Go to provision →
  (a) Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out and expand the seniors farmers’ market nutrition program $20,600,000 for each of fiscal years 2008 through 2023.
• 7 U.S.C. § 3007(b)

  Go to provision →
  (b) The purposes of the seniors farmers’ market nutrition program are—

  (1) to provide resources in the form of fresh, nutritious, unprepared, locally grown fruits, vegetables, honey, and herbs from farmers’ markets, roadside stands, and community supported agriculture programs to low-income seniors;

  (2) to increase the domestic consumption of agricultural commodities by expanding or aiding in the expansion of domestic farmers’ markets, roadside stands, and community supported agriculture programs; and

  (3) to develop or aid in the development of new and additional farmers’ markets, roadside stands, and community supported agriculture programs.
• 7 U.S.C. § 3007(b)(1)

  Go to provision →
  (1) to provide resources in the form of fresh, nutritious, unprepared, locally grown fruits, vegetables, honey, and herbs from farmers’ markets, roadside stands, and community supported agriculture programs to low-income seniors;
• 7 U.S.C. § 3007(b)(2)

  Go to provision →
  (2) to increase the domestic consumption of agricultural commodities by expanding or aiding in the expansion of domestic farmers’ markets, roadside stands, and community supported agriculture programs; and
• 7 U.S.C. § 3007(b)(3)

  Go to provision →
  (3) to develop or aid in the development of new and additional farmers’ markets, roadside stands, and community supported agriculture programs.
• 7 U.S.C. § 3007(c)

  Go to provision →
  (c) The value of any benefit provided to any eligible seniors farmers’ market nutrition program recipient under this section shall not be considered to be income or resources for any purposes under any Federal, State, or local law.
• 7 U.S.C. § 3007(d)

  Go to provision →
  (d) Each State shall ensure that no State or local tax is collected within the State on a purchase of food with a benefit distributed under the seniors farmers’ market nutrition program.
• 7 U.S.C. § 3007(e)

  Go to provision →
  (e) The Secretary may promulgate such regulations as the Secretary considers to be necessary to carry out the seniors farmers’ market nutrition program.
• 7 U.S.C. § 3103(9)(M)

  Go to provision →
  (M) Expansion of domestic and international markets for agricultural commodities and products, including agricultural trade barrier identification and analysis.
• 7 U.S.C. § 3104

  Go to provision →
  It is declared to be the policy of the Congress to promote the efficient production and utilization of products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum employment and national prosperity. It is also the intent of Congress to assure agriculture a position in research equal to that of industry which will aid in maintaining an equitable balance between agriculture and other sections of our economy. For the attainment of these objectives, the Secretary of Agriculture is authorized and directed to conduct and to stimulate research into the laws and principles underlying the basic problems of agriculture in its broadest aspects, including but not limited to: Research relating to the improvement of the quality of, and the development of new and improved methods of the production, marketing, distribution, processing, and utilization of plant and animal commodities at all stages from the original producer through to the ultimate consumer; research into the problems of human nutrition and the nutritive value of agricultural commodities, with particular reference to their content of vitamins, minerals, amino and fatty acids, and all other constituents that may be found necessary for the health of the consumer and to the gains or losses in nutritive value that may take place at any stage in their production, distribution, processing, and preparation for use by the consumer; research relating to the development of present, new, and extended uses and markets for agricultural commodities and byproducts as food or in commerce, manufacture, or trade, both at home and abroad, with particular reference to those foods and fibers for which our capacity to produce exceeds or may exceed existing economic demand; research to encourage the discovery, introduction, and breeding of new and useful agricultural crops, plants, and animals, both foreign and native, particularly for those crops and plants which may be adapted to utilization in chemical and manufacturing industries; research relating to new and more profitable uses for our resources of agricultural manpower, soils, plants, animals, and equipment than those to which they are now, or may hereafter be, devoted; research relating to the conservation, development, and use of land, forest, and water resources for agricultural purposes; research relating to the design, development, and the more efficient and satisfactory use of farm buildings, farm homes, farm machinery, including the application of electricity and other forms of power; research and development relating to uses of solar energy with respect to farm buildings, farm homes, and farm machinery (including equipment used to dry and cure crops and provide irrigation); applied research to develop agricultural, forestry, and rural energy conservation and biomass energy production and use; research relating to the diversification of farm enterprises, both as to the type of commodities produced, and as to the types of operations performed, on the individual farm; research relating to any other laws and principles that may contribute to the establishment and maintenance of a permanent and effective agricultural industry including such investigations as have for their purpose the development and improvement of the rural home and rural life, and the maximum contribution by agriculture to the welfare of the consumer and the maintenance of maximum employment and national prosperity; and such other researches or experiments bearing on the agricultural industry or on rural homes of the United States as may in each case be deemd¹ advisable, having due regard to the varying conditions and needs of Puerto Rico, the respective States, and Territories. In effectuating the purposes of this section, 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. Research authorized under this section shall be in addition to research provided for under existing law (but both activities shall be coordinated so far as practicable). For purposes of this title,² the term “solar energy” means energy derived from sources (other than fossil fuels) and technologies included in the Federal Non-Nuclear³ Energy Research and Development Act of 1974, as amended [42 U.S.C. 5901 et seq.].
• 7 U.S.C. § 3105(d)

  Go to provision →
  (d) The “Special research fund, Department of Agriculture,” provided by section 427c¹ of this title, shall continue to be available solely for research into laws and principles underlying basic problems of agriculture in its broadest aspects; research relating to the improvement of the quality of, and the development of, new and improved methods of production of, distribution of, and new and extended uses and markets for, agricultural commodities and byproducts and manufactures thereof; and research relating to the conservation, development, and use of land and water resources for agricultural purposes. Such research shall be in addition to research provided for under other law (but both activities shall be coordinated so far as practicable) and shall be conducted by such agencies of the Department of Agriculture as the Secretary of Agriculture may designate or establish.
• 7 U.S.C. § 3123(b)(3)(D)(i)

  Go to provision →
  (i) entities engaged in transportation of food and agricultural products to domestic and foreign markets;
• 7 U.S.C. § 3155(c)(1)

  Go to provision →
  (1) extensive databases, models, and demonstrated experience in providing Congress with agricultural market projections, rural development analysis, agricultural policy analysis, and baseline projections at the farm, multiregional, national, and international levels; or
• 7 U.S.C. § 3157(b)(2)(F)

  Go to provision →
  (F) Markets, trade, economics, and policy, including—

  (i) strategies for entering into and being competitive in domestic and overseas markets;

  (ii) farm efficiency and profitability, including the viability and competitiveness of small and medium-sized dairy, livestock, crop and other commodity operations;

  (iii) new decision tools for farm and market systems;

  (iv) choices and applications of technology;

  (v) the economic costs, benefits, and viability of producers adopting conservation practices and technologies designed to improve water quality;

  (vi) technology assessment;

  (vii) new approaches to rural development, including rural entrepreneurship; and

  (viii) barriers and bridges to entry and farm viability for young, beginning, socially disadvantaged, veteran, and immigrant farmers and ranchers, including farm succession, transition, transfer, entry, and profitability issues.
• 7 U.S.C. § 3157(b)(2)(F)(i)

  Go to provision →
  (i) strategies for entering into and being competitive in domestic and overseas markets;
• 7 U.S.C. § 3157(b)(2)(F)(iii)

  Go to provision →
  (iii) new decision tools for farm and market systems;
• 7 U.S.C. § 3292b(a)

  Go to provision →
  (a) The Secretary may make competitive grants to colleges and universities in order to strengthen United States economic competitiveness and to promote international market development.
• 7 U.S.C. § 3292b(b)(5)

  Go to provision →
  (5) enhance the capability of United States colleges and universities, in cooperation with other Federal agencies, to provide leadership and educational programs that will assist United States natural resources and food production, processing, and distribution businesses and industries to compete internationally, including product market identification, international policies limiting or enhancing market production, development of new or enhancement of existing markets, and production efficiencies.
• 7 U.S.C. § 3293(b)(5)

  Go to provision →
  (5) Any emerging market, as defined in section 1542(e).
• 7 U.S.C. § 3319d(c)(3)(C)

  Go to provision →
  (C) to develop and expand domestic and export markets for such crops;
• 7 U.S.C. § 3319g

  Go to provision →
  In fiscal year 2003 and thereafter, the agency is authorized to charge fees, commensurate with the fair market value, for any permit, easement, lease, or other special use authorization for the occupancy or use of land and facilities (including land and facilities at the Beltsville Agricultural Research Center) issued by the agency, as authorized by law, and such fees shall be credited to this account, and shall remain available until expended for authorized purposes.
• 7 U.S.C. § 3402(d)

  Go to provision →
  (d) The term “wheat producer” means any person who grows wheat within the United States for market.
• 7 U.S.C. § 3404(a)

  Go to provision →
  (a) providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for nutrition education, both within the United States and in international markets with respect to wheat, processed wheat, and end products, and for the disbursement of necessary funds for such purposes: Provided, That in carrying out any such plan or project, no reference to a private brand or trade name shall be made if the Secretary determines that such reference will result in undue discrimination against wheat, processed wheat, and end products of other persons: Provided further, That no such plans or projects shall make use of unfair or deceptive acts or practices in behalf of wheat, processed wheat, and end products or unfair or deceptive acts or practices with respect to quality, value, or use of any competing product;
• 7 U.S.C. § 3502(b)

  Go to provision →
  (b) The amount of any civil penalty imposed by the Secretary under subsection (a) of this section shall be such amount as the Secretary determines to be appropriate to carry out the purposes of this chapter, except that such amount shall not exceed 25 percent of the fair market value, on the date of the assessment of such penalty, of the interest in agricultural land with respect to which such violation occurred.
• 7 U.S.C. § 3701(4)

  Go to provision →
  (4) the location of such facilities must be carefully planned to assure maximum benefits to producers of agricultural commodities and unprocessed agricultural products and utilization of the most efficient means of transporting bulk agricultural commodities for domestic and export markets.
• 7 U.S.C. § 3703(a)(4)

  Go to provision →
  (4) The State or regional plan shall prescribe in detail the actions such State or region proposes to take in order to (A) facilitate the efficient and competitive movement of bulk agricultural commodities from the points of production within such State or region to major market or export points, (B) provide adequate storage facilities for such commodities between points of production and market, (C) provide adequate receiving, storage, and loading facilities for any bulk agricultural commodity, and (D) assure that such facilities will be located at sites that will result in maximum benefits to local producers.
• 7 U.S.C. § 4001(b)

  Go to provision →
  (b) Within thirty days after the export of any agricultural commodity to a country or area is suspended or restricted as described in subsection (a) of this section, the Secretary of Agriculture shall announce whether a gasohol feedstock reserve or a food security reserve of the commodity, or both, will be established under this section and shall include in such announcement the amount of the commodity that will be placed in such reserves, which shall be that portion of the estimated exports of the commodity affected by the suspension or restriction, as determined by the Secretary, that should be removed from the market to prevent the accumulation of a surplus supply of the commodity that will adversely affect prices producers receive for the commodity.
• 7 U.S.C. § 4001(c)(1)

  Go to provision →
  (1) To establish a gasohol feedstock reserve under this section, the Secretary of Agriculture may acquire agricultural commodities (the export of which is suspended or restricted as described in subsection (a) of this section) that are suitable for use in the production of alcohol for motor fuel through purchases from producers or in the market and by designation by the Secretary of stocks of the commodities held by the Commodity Credit Corporation, and to pay such storage, transportation, and related costs as may be necessary to permit maintenance of the commodities in the reserve for the purposes of this section and disposition of the commodities as provided in paragraph (2) of this subsection.
• 7 U.S.C. § 4001(c)(2)(B)

  Go to provision →
  (B) for any other use, when sales for use under clause (A) of this paragraph are impracticable, (i) if there is a producer storage program in effect for the commodity, at not less than 110 per centum of the then current level at which the Secretary may encourage repayment of producer storage loans on the commodity prior to the maturity dates of the loans, as determined under clause (5) of the third sentence of section 1445e(b)¹ of this title, or, (ii) if there is no producer storage program in effect for the commodity, at not less than the average market price producers received for the commodity at the time the trade suspension was imposed.
• 7 U.S.C. § 4001(d)(1)

  Go to provision →
  (1) To establish a food security reserve under this section, the Secretary of Agriculture may acquire agricultural commodities (the export of which is suspended or restricted as described in subsection (a) of this section) that are suitable for use in providing emergency food assistance and urgent humanitarian relief through purchases from producers or in the market and by designation by the Secretary of stocks of the commodities held by the Commodity Credit Corporation, and to pay such storage, transportation, and related costs as may be necessary to permit maintenance of the commodities in the reserve for the purposes of this section and disposition of the commodities as provided in paragraph (2) of this subsection.
• 7 U.S.C. § 4001(f)

  Go to provision →
  (f) The Secretary of Agriculture shall establish safeguards to ensure that stocks of agricultural commodities held in the reserves established under this section shall not be used in any manner or under any circumstance to unduly depress, manipulate, or curtail the free market.
• 7 U.S.C. § 4002(f)

  Go to provision →
  (f) Grain on which an eligible processor has received a loan under this section may not be used for any purpose other than the manufacture of alcohol for use as a fuel, and the Secretary shall establish such safeguards as the Secretary deems necessary to assure that such grain is not used for any other purpose and is not used in any manner that would unduly depress, manipulate, or curtail the free market in such grain.
• 7 U.S.C. § 4003(a)

  Go to provision →
  (a) The Secretary of Agriculture, in consultation with the United States Trade Representative and any other appropriate agency of the United States Government as determined by the Secretary, shall perform a study of the potential for expansion of United States agricultural export markets and the use of agricultural exports in obtaining natural resources or other commodities and products needed by the United States. The Secretary shall complete the study and submit to the President and Congress a report on the study before June 30, 1981.
• 7 U.S.C. § 4003(b)(3)

  Go to provision →
  (3) potential new or expanded foreign markets for United States agricultural products;
• 7 U.S.C. § 4201(a)(3)

  Go to provision →
  (3) continued decrease in the Nation’s farmland base may threaten the ability of the United States to produce food and fiber in sufficient quantities to meet domestic needs and the demands of our export markets;
• 7 U.S.C. § 4301

  Go to provision →
  Flowers and plants are an integral part of American life, contributing a natural and beautiful element, especially in urban areas, to what is increasingly a manmade, artificial environment for this country’s citizens. Providing comfort and pleasure for many special occasions as well as for everyday living, flowers and plants work against visual pollution and, in the case of green plants, generate oxygen within their environment. The flowers and plants to which this chapter refers are cut flowers, potted flowering plants, and foliage plants. These flowers and plants are produced by many individual producers throughout the United States and in foreign countries. These products move in interstate and foreign commerce, and those that do not move in such channels of commerce directly burden or affect interstate commerce of these products. The maintenance and expansion of existing markets and the development of new or improved markets and uses are vital to the welfare of flower and plant producers, brokers, wholesalers, and retailers throughout the Nation. The floral industry within the United States is comprised mainly of small- and medium-sized businesses. The producers are primarily agriculturally-oriented companies rather than promotion-oriented companies. The development and implementation of coordinated programs of research and promotion necessary for the maintenance of markets and the development of new markets have been inadequate. Without cooperative action in providing for and financing such programs, individual flower and plant producers, wholesalers, and retailers are unable to implement programs of research, consumer and producer information, and promotion necessary to maintain and improve markets for these products. It is widely recognized that it is in the public interest to provide an adequate, steady supply of fresh flowers and plants to the consumers of the Nation. The American consumer requires a continuing supply of quality and affordable flowers and plants as an important element in the quality of life. It is, therefore, declared to be the policy of Congress and the purpose of this chapter that it is essential and in the public interest to authorize the establishment of an orderly procedure for the development and financing, through an adequate assessment, of an effective and coordinated program of research, consumer and producer education, and promotion designed to strengthen the floral industry’s position in the marketplace and maintain, develop, and expand markets for flowers, plants, and flowering plants. Nothing in this chapter may be construed to dictate quality standards or provide for control of production or otherwise limit the right of individual flower and plant producers to produce commercial flowers and plants. Nothing in this chapter may be construed as a trade barrier to flowers and plants produced in foreign countries, and this chapter treats foreign producers equitably.
• 7 U.S.C. § 4501(a)(4)

  Go to provision →
  (4) the maintenance and expansion of existing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using, and producing dairy products, as well as to the general economy of the Nation; and
• 7 U.S.C. § 4501(b)

  Go to provision →
  (b) It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all milk produced in the United States for commercial use and on imported dairy products) and carrying out a coordinated program of promotion designed to strengthen the dairy industry’s position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products. Nothing in this subchapter may be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk or the right of any person to import dairy products.
• 7 U.S.C. § 4502(j)

  Go to provision →
  (j) the term “research” means studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of milk and dairy products, and other related efforts to expand demand for milk and dairy products;
• 7 U.S.C. § 4504(b)(6)(B)

  Go to provision →
  (B) At least once every 3 years after the initial appointment of importer representatives under subparagraph (A), the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous 3 years and, on the basis of that review, shall reapportion importer representation on the Board to reflect the proportional share of the United States market by domestic production and imported dairy products.
• 7 U.S.C. § 4504(e)(2)

  Go to provision →
  (2) The order shall authorize the Board to expend in the maintenance and expansion of foreign markets an amount not to exceed the amount collected from United States producers for a fiscal year. Of those funds, for each of the 2002 through 2023 fiscal years, the Board’s budget may provide for the expenditure of revenues available to the Board to develop international markets for, and to promote within such markets, the consumption of dairy products produced or manufactured in the United States.
• 7 U.S.C. § 4504(g)(6)(B)

  Go to provision →
  (B) Assessments collected on imported dairy products shall not be used for foreign market promotion.
• 7 U.S.C. § 4531(10)

  Go to provision →
  (10) the term “research” means studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of milk and dairy products, and other related efforts to expand demand for milk and dairy products;
• 7 U.S.C. § 4532

  Go to provision →
  The Secretary of Agriculture may establish in the Department of Agriculture a National Dairy Research Endowment Institute whose function shall be to aid the dairy industry through the implementation of the dairy products research order, which its board of trustees shall administer, and the use of monies made available to its board of trustees from the Dairy Research Trust Fund to implement the order. In implementing the order, the Institute shall provide a permanent system for funding scientific research activities designed to facilitate the expansion of markets for milk and dairy products marketed in the United States. The Institute shall be headed by a board of trustees composed of the members of the National Dairy Promotion and Research Board. The board may appoint from among its members an executive committee whose membership shall reflect equally each of the different regions in the United States in which milk is produced. The executive committee shall have such duties and powers as are delegated to it by the board. The members of the board shall serve without compensation. While away from their homes or regular places of business in the performance of services for the board, members of the board shall be allowed reasonable travel expenses, including a per diem allowance in lieu of subsistence, as recommended by the board and approved by the Secretary, except that there shall be no duplication of payment for such expenses.
• 7 U.S.C. § 4534(a)(1)

  Go to provision →
  (1) provide for the establishment and administration, by the Institute, of appropriate scientific research activities designed to facilitate the expansion of markets for dairy products marketed in the United States;
• 7 U.S.C. § 4537(a)

  Go to provision →
  (a) The Secretary, whenever the Secretary finds that the order issued under this subchapter or any provision of such order obstructs or does not tend to facilitate the expansion of markets for milk and dairy products marketed in the United States, shall terminate or suspend the operation of the order or such provision.
• 7 U.S.C. § 4551

  Go to provision →
  The Secretary of Agriculture is authorized to make indemnity payments for milk or cows producing such milk at a fair market value, to dairy farmers who have been directed since January 1, 1964 (but only since August 10, 1973, in the case of indemnity payments not authorized prior to August 10, 1973), to remove their milk, and to make indemnity payments for dairy products at fair market value to manufacturers of dairy products who have been directed since November 30, 1970, to remove their dairy products from commercial markets because of residues of chemicals registered and approved for use by the Federal Government at the time of such use. The Secretary is also authorized to make indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of (1) the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or (2) residues of chemicals or toxic substances not included under the first sentence of this section if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer: Provided, That no indemnity payment may be made for contamination resulting from such residues of chemicals or toxic substances if the Secretary determines within thirty days after the date of application for payment that other legal recourse is available to the farmer. Any indemnity payment to any farmer shall continue until he has been reinstated and is again allowed to dispose of his milk on commercial markets.
• 7 U.S.C. § 4601(a)(4)

  Go to provision →
  (4) The maintenance and expansion of existing honey markets and the development of new or improved markets or uses are vital to the welfare of honey producers and those concerned with marketing, using, and processing honey, along with those engaged in general agricultural endeavors requiring bees for pollinating purposes.
• 7 U.S.C. § 4601(a)(6)

  Go to provision →
  (6) The development and implementation of coordinated programs of research, promotion, consumer education, and industry information necessary for the maintenance of markets and the development of new markets have been inadequate.
• 7 U.S.C. § 4601(a)(7)

  Go to provision →
  (7) Without cooperative action in providing for and financing such programs, honey producers, honey handlers, wholesalers, and retailers are unable to implement programs of research, promotion, consumer education, and industry information necessary to maintain and improve markets for these products.
• 7 U.S.C. § 4601(a)(8)

  Go to provision →
  (8) The ability to develop and maintain purity standards for honey and honey products is critical to maintaining the consumer confidence, safety, and trust that are essential components of any undertaking to maintain and develop markets for honey and honey products.
• 7 U.S.C. § 4601(a)(9)

  Go to provision →
  (9) Research directed at improving the cost effectiveness and efficiency of beekeeping, as well as developing better means of dealing with pest and disease problems, is essential to keeping honey and honey product prices competitive and facilitating market growth as well as maintaining the financial well-being of the honey industry.
• 7 U.S.C. § 4601(a)(10)

  Go to provision →
  (10) Research involving the quality, safety, and image of honey and honey products and how that quality, safety, and image may be affected during the extraction, processing, packaging, marketing, and other stages of the honey and honey product production and distribution process, is highly important to building and maintaining markets for honey and honey products.
• 7 U.S.C. § 4601(b)(1)(B)

  Go to provision →
  (B) maintain, develop, and expand domestic and foreign markets and uses for honey and honey products;
• 7 U.S.C. § 4601(b)(2)

  Go to provision →
  (2) to maintain and expand the markets for all honey and honey products in a manner that—

  (A) is not designed to maintain or expand any individual producer’s, importer’s, or handler’s share of the market; and

  (B) does not compete with or replace individual advertising or promotion efforts designed to promote individual brand name or trade name honey or honey products; and
• 7 U.S.C. § 4601(b)(2)(A)

  Go to provision →
  (A) is not designed to maintain or expand any individual producer’s, importer’s, or handler’s share of the market; and
• 7 U.S.C. § 4602(12)

  Go to provision →
  (12) The term “industry information” means information or a program that will lead to the development of new markets, new marketing strategies, or increased efficiency for the honey industry, or an activity to enhance the image of honey and honey products and of the honey industry.
• 7 U.S.C. § 4602(14)

  Go to provision →
  (14) The term “national honey marketing cooperative” means a cooperative that markets its products in at least 2 of the following 4 regions of the United States, as determined by the Secretary:

  (A) The Atlantic Coast, including the District of Columbia and the Commonwealth of Puerto Rico.

  (B) The Mideast.

  (C) The Midwest.

  (D) The Pacific, including the States of Alaska and Hawaii.
• 7 U.S.C. § 4607(a)(6)

  Go to provision →
  (6) Providing for the authority to use funds collected under this chapter with the approval of the Secretary for the development and expansion of honey and honey product sales in foreign markets.
• 7 U.S.C. § 4801(a)(4)

  Go to provision →
  (4) the maintenance and expansion of existing markets, and development of new markets, for pork and pork products are vital to—

  (A) the welfare of pork producers and persons concerned with producing and marketing pork and pork products; and

  (B) the general economy of the United States;
• 7 U.S.C. § 4801(b)(1)(B)

  Go to provision →
  (B) maintain, develop, and expand markets for pork and pork products.
• 7 U.S.C. § 4802(16)(B)

  Go to provision →
  (B) if such organization does not exist on January 1, 1986, an organization that represents not fewer than 50 pork producers who market annually, in the aggregate, not less than 10 percent of the volume (measured in pounds) of porcine animals marketed in such State.
• 7 U.S.C. § 4806(b)(2)(A)(i)

  Go to provision →
  (i) for the 1986 calendar year, on the basis of one share for each $400,000 of farm market value of porcine animals marketed from such State (as determined by the Secretary based on the annual average of farm market value in the most recent 3 calendar years preceding such year), rounded to the nearest $400,000; and
• 7 U.S.C. § 4806(b)(3)(A)(i)

  Go to provision →
  (i) for the 1986 calendar year, on the basis of one share for each $575,000 of market value of marketed porcine animals, pork, or pork products (as determined by the Secretary based on the annual average of imports in the most recent 3 calendar years preceding such year), rounded to the nearest $575,000; and
• 7 U.S.C. § 4809(b)(1)(A)

  Go to provision →
  (A) 0.25 percent of the market value of the porcine animal, pork, or pork product sold or imported; or
• 7 U.S.C. § 4809(b)(3)

  Go to provision →
  (3) The rate of assessment may not exceed 0.50 percent of such market value unless—

  (A) after the initial referendum required under section 4811(a) of this title, the Delegate Body recommends an increase in such rate above 0.50 percent; and

  (B) such increase is approved in a referendum conducted under section 4811(b) of this title.
• 7 U.S.C. § 4901(a)(5)

  Go to provision →
  (5) the maintenance and expansion of existing markets and the establishment of new or improved markets and uses for watermelons are vital to the welfare of watermelon growers and those concerned with marketing, using, handling, and importing watermelons, as well as the general economic welfare of the Nation; and
• 7 U.S.C. § 4901(a)(6)

  Go to provision →
  (6) the development and implementation of coordinated programs of research, development, advertising, and promotion are necessary to maintain and expand existing markets and establish new or improved markets and uses for watermelons.
• 7 U.S.C. § 4901(b)

  Go to provision →
  (b) It is declared to be the policy of Congress that it is essential in the public interest, through the exercise of the powers provided herein, to authorize the establishment of an orderly procedure for the development, financing (through adequate assessments on watermelons harvested in the United States, or imported into the United States, for commercial use), and carrying out of an effective, continuous, and coordinated program of research, development, advertising, and promotion designed to strengthen the watermelon’s competitive position in the marketplace, and establish, maintain, and expand domestic and foreign markets for watermelons. The purpose of this chapter is to so authorize the establishment of such procedure and the development, financing, and carrying out of such program. Nothing in this chapter may be construed to dictate quality standards nor provide for the control of production or otherwise limit the right of individual watermelon producers to produce watermelons.
• 7 U.S.C. § 4907(g)

  Go to provision →
  (g) The plan may provide for the use of funds from assessments collected under this chapter, with the approval of the Secretary, for the development and expansion of sales of watermelons in foreign markets.
• 7 U.S.C. § 5201(2)

  Go to provision →
  (2) the United States share of the world market for agricultural commodities and products has dropped by 20 percent during the last 6 years;
• 7 U.S.C. § 5201(6)

  Go to provision →
  (6) factors contributing to the loss of United States agricultural exports include changes in world agricultural markets such as—

  (A) the addition of new exporting nations;

  (B) innovations in agricultural technology;

  (C) increased use of export subsidies designed to lower the price of commodities on the world market;

  (D) the existence of barriers to agricultural trade;

  (E) the slowdown in the growth of world food demand in the 1980’s due to cyclical economic factors, including currency fluctuations and a debt-related slowdown in the economic growth of agricultural markets in certain developing countries; and

  (F) the rapid buildup of surplus stocks as a consequence of favorable weather for agricultural production during the 1980’s;
• 7 U.S.C. § 5201(6)(C)

  Go to provision →
  (C) increased use of export subsidies designed to lower the price of commodities on the world market;
• 7 U.S.C. § 5201(6)(E)

  Go to provision →
  (E) the slowdown in the growth of world food demand in the 1980’s due to cyclical economic factors, including currency fluctuations and a debt-related slowdown in the economic growth of agricultural markets in certain developing countries; and
• 7 U.S.C. § 5201(12)(B)

  Go to provision →
  (B) establishes the infrastructure that is essential to the expansion of markets for United States agricultural commodities and products.
• 7 U.S.C. § 5203(2)

  Go to provision →
  (2) to improve the competitiveness of United States agricultural commodities and products in the world market.
• 7 U.S.C. § 5214

  Go to provision →
  The Secretary of Agriculture shall evaluate the reorganization proposal recommended by the National Commission on Agricultural Trade and Export Policy and other proposals to improve management of international trade activities of the Department of Agriculture. To assist the Secretary in the evaluation, the Secretary shall appoint a private sector advisory committee of not less than 4 members, who shall be appointed from among individuals representing farm and commodity organizations, market development cooperators, and agribusiness. Not later than April 30, 1989, the Secretary shall report the findings of the evaluation to Congress, together with the views and recommendations of the private sector advisory committee.
• 7 U.S.C. § 5234(a)

  Go to provision →
  (a) It is the sense of Congress that the foreign market development cooperator program of the Service, and the activities of individual foreign market cooperator organizations, have been among the most successful and cost-effective means to expand United States agricultural exports. Congress affirms its support for the program and the activities of the cooperator organizations. The Administrator and the private sector should work together to ensure that the program, and the activities of cooperator organizations, are expanded in the future.
• 7 U.S.C. § 5234(b)

  Go to provision →
  (b) The Secretary of Agriculture may make available to cooperator organizations agricultural commodities owned by the Commodity Credit Corporation, for use by such cooperators in projects designed to expand markets for United States agricultural commodities and products.
• 7 U.S.C. § 5234(c)

  Go to provision →
  (c) Commodities made available to cooperator organizations under this section shall be in addition to, and not in lieu of, funds appropriated for market development activities of such cooperator organizations.
• 7 U.S.C. § 5235

  Go to provision →
  There are authorized to be appropriated for the Service, in addition to any sums otherwise authorized to be appropriated by any provision of law other than this section, $20,000,000 for each of the fiscal years 1988, 1989, and 1990 for market development activities, including—
• 7 U.S.C. § 5235(3)

  Go to provision →
  (3) enhancement of the Service worldwide market information system;
• 7 U.S.C. § 5235(5)

  Go to provision →
  (5) developing markets for value-added beef, pork, and poultry products.
• 7 U.S.C. § 5601(2)

  Go to provision →
  (2) improving the competitiveness of United States agricultural commodities and products in the world market; and
• 7 U.S.C. § 5602(2)(B)

  Go to provision →
  (B) has the potential to become a commercial market for agricultural commodities.
• 7 U.S.C. § 5602(5)(A)(iii)(I)

  Go to provision →
  (I) decreases market opportunities for United States exports; or
• 7 U.S.C. § 5602(5)(A)(iii)(II)

  Go to provision →
  (II) unfairly distorts an agricultural market to the detriment of United States exporters;
• 7 U.S.C. § 5603(a)

  Go to provision →
  (a) The Secretary shall develop a strategy for implementing Federal agricultural export promotion programs that takes into account the new market opportunities for agricultural products, including opportunities that result from—

  (1) the North American Free Trade Agreement and the Uruguay Round Agreements;

  (2) any accession to membership in the World Trade Organization;

  (3) the continued economic growth in the Pacific Rim; and

  (4) other developments.
• 7 U.S.C. § 5603(b)

  Go to provision →
  (b) The strategy developed under subsection (a) shall encourage the maintenance, development, and expansion of export markets for United States agricultural commodities and related products, including high-value and value-added products.
• 7 U.S.C. § 5603(d)(1)

  Go to provision →
  (1) In developing the strategy required under subsection (a), the Secretary shall annually identify as priority markets—

  (A) those markets in which imports of agricultural products show the greatest potential for increase; and

  (B) those markets in which, with the assistance of Federal export promotion programs, exports of United States agricultural products show the greatest potential for increase.
• 7 U.S.C. § 5603(d)(1)(A)

  Go to provision →
  (A) those markets in which imports of agricultural products show the greatest potential for increase; and
• 7 U.S.C. § 5603(d)(1)(B)

  Go to provision →
  (B) those markets in which, with the assistance of Federal export promotion programs, exports of United States agricultural products show the greatest potential for increase.
• 7 U.S.C. § 5603(d)(2)

  Go to provision →
  (2) The President shall identify annually in the budget of the United States Government submitted under section 1105 of title 31 each overseas office of the Foreign Agricultural Service that provides assistance to United States exporters in each of the priority markets identified under paragraph (1).
• 7 U.S.C. § 5603a(a)

  Go to provision →
  (a) Not later than 180 days after May 13, 2002, and biennially thereafter, the Secretary of Agriculture shall consult with the Committee on Agriculture, and the Committee on International Relations, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the formulation and implementation of a global market strategy for the Department of Agriculture that, to the maximum extent practicable—

  (1) identifies opportunities for the growth of agricultural exports to overseas markets;

  (2) ensures that the resources, programs, and policies of the Department are coordinated with those of other agencies; and

  (3) remove¹ barriers to agricultural trade in overseas markets.
• 7 U.S.C. § 5603a(a)(1)

  Go to provision →
  (1) identifies opportunities for the growth of agricultural exports to overseas markets;
• 7 U.S.C. § 5603a(a)(3)

  Go to provision →
  (3) remove¹ barriers to agricultural trade in overseas markets.
• 7 U.S.C. § 5603a(b)(2)

  Go to provision →
  (2) the progress of the Department in implementing the strategic goals through the global market strategy.
• 7 U.S.C. § 5604

  Go to provision →
  The Secretary shall, in implementing programs of the Department of Agriculture intended to encourage or assist exports of agricultural commodities, seek to preserve traditional markets for United States agricultural commodities.
• 7 U.S.C. § 5621(c)(1)

  Go to provision →
  (1) develop, expand, or maintain the importing country as a foreign market, on a long-term basis, for the commercial sale and export of United States agricultural commodities, without displacing normal commercial sales;
• 7 U.S.C. § 5621(d)(1)(C)(ii)

  Go to provision →
  (ii) countries that are emerging markets that have committed to carry out, or are carrying out, policies that promote economic freedom, private domestic production of food commodities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of agricultural commodities; and
• 7 U.S.C. § 5622(b)(3)(B)

  Go to provision →
  (B) countries that are emerging markets that have committed to carry out, or are carrying out, policies that promote economic freedom, private domestic production of food commodities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of agricultural commodities; and
• 7 U.S.C. § 5623(a)(1)

  Go to provision →
  (1) to access, develop, maintain, and expand markets for United States agricultural commodities; and
• 7 U.S.C. § 5623(b)(1)(C)

  Go to provision →
  (C) a private organization that promotes the export and sale of United States agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development.
• 7 U.S.C. § 5623(b)(2)

  Go to provision →
  (2) The Commodity Credit Corporation shall establish and carry out a program, to be known as the “Market Access Program”, to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities (including commodities that are organically produced (as defined in section 6502 of this title)) through cost-share assistance to eligible trade organizations that implement a foreign market development program.
• 7 U.S.C. § 5623(b)(3)(B)

  Go to provision →
  (B) A marketing plan submitted under this paragraph shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this subsection is being requested.
• 7 U.S.C. § 5623(b)(3)(C)(ii)

  Go to provision →
  (ii) establish specific market goals to be achieved under the marketing plan; and
• 7 U.S.C. § 5623(b)(5)(B)(iv)

  Go to provision →
  (iv) the Secretary determines that termination of assistance in a particular instance is in the best interests of the Market Access Program.
• 7 U.S.C. § 5623(b)(5)(C)(i)

  Go to provision →
  (i) An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities.
• 7 U.S.C. § 5623(b)(5)(C)(ii)

  Go to provision →
  (ii) An evaluation of whether assistance provided under this subsection is necessary to maintain such markets.
• 7 U.S.C. § 5623(b)(10)

  Go to provision →
  (10) The Secretary should require each participant in the Market Access Program to certify that any Federal funds received supplement, but do not supplant, private or third party participant funds or other contributions to Program activities.
• 7 U.S.C. § 5623(b)(11)

  Go to provision →
  (11) If as a result of an evaluation or audit of activities of a participant under the Market Access Program, the Secretary determines that a further review is justified in order to ensure compliance with the requirements of the Program, the Secretary should require the participant to contract for an independent audit of the Program activities, including activities of any subcontractor.
• 7 U.S.C. § 5623(b)(12)

  Go to provision →
  (12) No funds made available under the Market Access Program may be used for activities to develop, maintain, or expand foreign markets for tobacco.
• 7 U.S.C. § 5623(c)(2)

  Go to provision →
  (2) The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a program to be known as the “Foreign Market Development Cooperator Program” to maintain and develop foreign markets for United States agricultural commodities.
• 7 U.S.C. § 5623(c)(3)(B)

  Go to provision →
  (B) assistance for other costs that are appropriate to carry out the Foreign Market Development Cooperator Program, including contingent liabilities that are not otherwise funded.
• 7 U.S.C. § 5623(d)(1)

  Go to provision →
  (1) In this subsection, the term “emerging market” means any country, foreign territory, customs union, or other economic market that the Secretary determines—

  (A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of its economy; and

  (B) has the potential to provide a viable and significant market for United States agricultural commodities.
• 7 U.S.C. § 5623(d)(1)(A)

  Go to provision →
  (A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of its economy; and
• 7 U.S.C. § 5623(d)(1)(B)

  Go to provision →
  (B) has the potential to provide a viable and significant market for United States agricultural commodities.
• 7 U.S.C. § 5623(d)(2)

  Go to provision →
  (2) The Secretary shall establish and carry out a program, to be known as the “E (Kika) de la Garza Emerging Markets Program”—

  (A) to develop agricultural markets in emerging markets; and

  (B) to promote cooperation and exchange of information between agricultural institutions and agribusinesses in the United States and emerging markets.
• 7 U.S.C. § 5623(d)(2)(A)

  Go to provision →
  (A) to develop agricultural markets in emerging markets; and
• 7 U.S.C. § 5623(d)(2)(B)

  Go to provision →
  (B) to promote cooperation and exchange of information between agricultural institutions and agribusinesses in the United States and emerging markets.
• 7 U.S.C. § 5623(d)(3)(A)(i)

  Go to provision →
  (i) To develop, maintain, or expand markets for exports of United States agricultural commodities, the Secretary shall make available to emerging markets the expertise of the United States—

  (I) to make assessments of food and rural business systems needs;

  (II) to make recommendations on measures necessary to enhance the effectiveness of the food and rural business systems described in subclause (I), including potential reductions in trade barriers; and

  (III) to identify and carry out specific opportunities and projects to enhance the effectiveness of the food and rural business systems described in subclause (I).
• 7 U.S.C. § 5623(d)(3)(A)(ii)

  Go to provision →
  (ii) The Secretary shall implement this subparagraph with respect to at least 3 emerging markets in each fiscal year.
• 7 U.S.C. § 5623(d)(3)(B)(i)

  Go to provision →
  (i) assistance to teams (consisting primarily of agricultural consultants, agricultural producers, other persons from the private sector, and government officials expert in assessing the food and rural business systems of other countries) to enable those teams to conduct the assessments, make the recommendations, and identify the opportunities and projects described in subparagraph (A)(i) in emerging markets;
• 7 U.S.C. § 5623(d)(3)(B)(ii)(I)

  Go to provision →
  (I) United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States food and rural business system experts to assist in transferring knowledge and expertise to entities from emerging markets; and
• 7 U.S.C. § 5623(d)(3)(B)(ii)(II)

  Go to provision →
  (II) individuals designated by emerging markets to enable such designated individuals to consult with such United States experts to enhance food and rural business systems of such emerging markets and to transfer knowledge and expertise to such emerging markets.
• 7 U.S.C. § 5623(d)(3)(C)

  Go to provision →
  (C) The Secretary shall encourage the nongovernmental experts described in subparagraph (B) to share the costs of, and otherwise assist in, the participation of those experts in the E (Kika) de la Garza Emerging Markets Program.
• 7 U.S.C. § 5623(d)(3)(D)

  Go to provision →
  (D) The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) to enable individuals or other entities to carry out recommendations, projects, and opportunities in emerging markets, including recommendations, projects, and opportunities described in subclauses (II) and (III) of subparagraph (A)(i).
• 7 U.S.C. § 5623(e)(3)

  Go to provision →
  (3) The program shall address time sensitive and strategic market access projects based on—

  (A) trade effect on market retention, market access, and market expansion; and

  (B) trade impact.
• 7 U.S.C. § 5623(e)(3)(A)

  Go to provision →
  (A) trade effect on market retention, market access, and market expansion; and
• 7 U.S.C. § 5623(f)(3)(A)(i)

  Go to provision →
  (i) For market access activities authorized under subsection (b), of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $200,000,000 for each fiscal year.
• 7 U.S.C. § 5623(f)(3)(A)(v)(I)

  Go to provision →
  (I) In addition to the amounts allocated under clauses (i) through (iv), and notwithstanding any limitations in those clauses, as determined by the Secretary, for 1 or more programs under this section for authorized activities to access, develop, maintain, and expand markets for United States agricultural commodities, $3,500,000 for each fiscal year.
• 7 U.S.C. § 5623a(a)

  Go to provision →
  (a) The Secretary of Agriculture shall carry out a program to encourage the accessibility, development, maintenance, and expansion of commercial export markets for United States agricultural commodities.
• 7 U.S.C. § 5624(c)(1)(B)

  Go to provision →
  (B) to develop, maintain, or expand foreign markets for United States agricultural exports.
• 7 U.S.C. § 5671(b)(1)(C)

  Go to provision →
  (C) the amount by which the average market price per unit of such commodity received by producers during the 60-day period immediately following the date of the imposition of the suspension or restriction is less than 100 percent of the parity price for such commodity, as determined by the Secretary on the date of the imposition of the suspension or restriction; or
• 7 U.S.C. § 5671(b)(2)

  Go to provision →
  (2) in the case of other agricultural commodities for which price support is authorized for producers under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), by multiplying the amount by which the average market price per unit of such commodity received by the producers during the 60-day period immediately following the date of the imposition of the suspension or restriction is less than 100 percent of the parity price for such commodity, as determined by the Secretary on the date of the imposition of the suspension or restriction, by the quantity of such commodity sold by the producer during the period that the suspension or restriction is in effect.
• 7 U.S.C. § 5672(4)(C)

  Go to provision →
  (C) limit its purchases to only those types and grades of commodities suspended or restricted from shipment and make such purchases at prices at or near the current market prices.
• 7 U.S.C. § 5673(a)

  Go to provision →
  (a) The Secretary may contract with individuals for services to be performed outside the United States as the Secretary determines necessary or appropriate for carrying out programs and activities to maintain, develop, or enhance export markets for United States agricultural commodities and products.
• 7 U.S.C. § 5678(a)(2)

  Go to provision →
  (2) continued growth and expansion of markets for United States agricultural exports is crucial to the continued development and economic well-being of rural areas of the United States and the agricultural sector of the United States economy;
• 7 U.S.C. § 5678(a)(4)

  Go to provision →
  (4) as United States agricultural producers move toward a market-oriented system in which planting and other decisions by producers are driven by national and international market signals, developing new and expanding agricultural export markets is vital to maintaining a vibrant and healthy agricultural sector and rural economy; and
• 7 U.S.C. § 5678(a)(5)(A)

  Go to provision →
  (A) identifying efforts of United States entities to develop and expand markets for United States agricultural exports through the development of new products and services and through the use of innovative marketing techniques;
• 7 U.S.C. § 5678(a)(5)(B)

  Go to provision →
  (B) recognizing achievements of those who have exhibited or supported entrepreneurial efforts to expand and create new markets for United States agricultural exports or increase the volume or value of United States agricultural exports; and
• 7 U.S.C. § 5678(a)(5)(C)

  Go to provision →
  (C) disseminating information on successful methods used to develop and expand markets for United States agricultural exports.
• 7 U.S.C. § 5678(f)(1)

  Go to provision →
  (1) Development of new products or services for agricultural export markets.
• 7 U.S.C. § 5678(f)(2)

  Go to provision →
  (2) Development of new agricultural export markets.
• 7 U.S.C. § 5678(f)(3)

  Go to provision →
  (3) Creative marketing of products or services in agricultural export markets.
• 7 U.S.C. § 5678(g)(2)(A)

  Go to provision →
  (A) has exhibited significant entrepreneurial effort to create new markets for United States agricultural exports or increase United States agricultural exports; or
• 7 U.S.C. § 5678(g)(2)(B)

  Go to provision →
  (B) has provided significant assistance to others in an effort to create new markets for United States agricultural exports or increase United States agricultural exports;
• 7 U.S.C. § 5679(b)

  Go to provision →
  (b) The purpose of the program shall be to remove, resolve, or mitigate significant regulatory nontariff barriers to the export of United States agricultural commodities (as defined in section 5602 of this title) into foreign markets through public and private sector projects funded by grants that address—

  (1) quick response intervention regarding nontariff barriers to United States exports involving—

  (A) United States agricultural commodities produced through biotechnology or new agricultural production technologies;

  (B) food safety;

  (C) disease; or

  (D) other sanitary or phytosanitary concerns; or

  (2) developing protocols as part of bilateral negotiations with other countries on issues such as animal health, grain quality, and genetically modified commodities.
• 7 U.S.C. § 5679(c)(2)

  Go to provision →
  (2) the emerging markets program under section 1542¹ and section 5623(d) of this title; or
• 7 U.S.C. § 5693(2)

  Go to provision →
  (2) carrying out market promotion and development activities;
• 7 U.S.C. § 5925g(a)

  Go to provision →
  (a) In consultation with the Urban Agriculture and Innovative Production Advisory Committee established under section 6923(b) of this title, the Secretary may make competitive grants to support research, education, and extension activities for the purposes of facilitating the development of urban, indoor, and other emerging agricultural production, harvesting, transportation, aggregation, packaging, distribution, and markets, including by—

  (1) assessing and developing strategies to remediate contaminated sites;

  (2) determining and developing the best production management and integrated pest management practices;

  (3) identifying and promoting the horticultural, social, and economic factors that contribute to successful urban, indoor, and other emerging agricultural production;

  (4) analyzing the means by which new agricultural sites are determined, including an evaluation of soil quality, condition of a building, or local community needs;

  (5) exploring new technologies that minimize energy, lighting systems, water, and other inputs for increased food production;

  (6) examining building material efficiencies and structural upgrades for the purpose of optimizing growth of agricultural products;

  (7) developing new crop varieties and agricultural products to connect to new markets; or

  (8) examining the impacts of crop exposure to urban elements on environmental quality and food safety.
• 7 U.S.C. § 5925g(a)(7)

  Go to provision →
  (7) developing new crop varieties and agricultural products to connect to new markets; or
• 7 U.S.C. § 5941

  Go to provision →
  The Secretary of Agriculture may purchase from applicable appropriations cultures in the open market for use in connection with soil and fertilizer investigations.
• 7 U.S.C. § 6001(a)(4)

  Go to provision →
  (4) the maintenance and expansion of existing markets and development of new markets for pecans are vital to the welfare of pecan producers and those concerned with marketing, using, and producing pecans, as well as to the general economy of the United States, and necessary to ensure the ready availability and efficient marketing of pecans;
• 7 U.S.C. § 6001(a)(6)

  Go to provision →
  (6) the cooperative development, financing, and implementation of a coordinated national program of pecan promotion, research, industry information, and consumer information are necessary to maintain and expand existing markets and develop new markets for pecans; and
• 7 U.S.C. § 6001(b)(2)

  Go to provision →
  (2) maintain and expand existing domestic and foreign markets and uses for pecans; and
• 7 U.S.C. § 6001(b)(3)

  Go to provision →
  (3) develop new markets and uses for pecans.
• 7 U.S.C. § 6002(7)

  Go to provision →
  (7) The term “first handler” means the first person who buys or takes possession of pecans from a grower for marketing. If a grower markets pecans directly to consumers, such grower shall be considered the first handler with respect to pecans grown by such grower.
• 7 U.S.C. § 6002(12)

  Go to provision →
  (12) The term “industry information” means information and programs that will lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the pecan industry.
• 7 U.S.C. § 6006(g)

  Go to provision →
  (g) The plan may provide authority to use funds collected under this chapter, with the approval of the Secretary, for the development and expansion of pecan sales in foreign markets.
• 7 U.S.C. § 6101(a)(5)

  Go to provision →
  (5) the maintenance and expansion of existing markets and uses, and the development of new markets and uses, for mushrooms are vital to the welfare of producers and those concerned with marketing and using mushrooms, as well as to the agricultural economy of the Nation;
• 7 U.S.C. § 6101(a)(6)

  Go to provision →
  (6) the cooperative development, financing, and implementation of a coordinated program of mushroom promotion, research, and consumer information are necessary to maintain and expand existing markets for mushrooms; and
• 7 U.S.C. § 6101(b)(2)

  Go to provision →
  (2) maintain and expand existing markets and uses for mushrooms; and
• 7 U.S.C. § 6101(b)(3)

  Go to provision →
  (3) develop new markets and uses for mushrooms.
• 7 U.S.C. § 6102(5)

  Go to provision →
  (5) The term “first handler” means any person, as described in an order issued under this chapter, who receives or otherwise acquires mushrooms from a producer and prepares for marketing or markets such mushrooms, or who prepares for marketing or markets mushrooms of that person’s own production.
• 7 U.S.C. § 6102(7)

  Go to provision →
  (7) The term “industry information” means information and programs that are designed to lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the mushroom industry.
• 7 U.S.C. § 6102(9)

  Go to provision →
  (9) The term “mushrooms” means all varieties of cultivated mushrooms grown within the United States for the fresh market, or imported into the United States for the fresh market, that are marketed, except that such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed, as may be determined by the Secretary.
• 7 U.S.C. § 6104(g)(1)(A)

  Go to provision →
  (A) The order shall provide that each first handler of mushrooms for the domestic fresh market produced in the United States shall collect, in the manner prescribed by the order, assessments from producers and remit the assessments to the Council.
• 7 U.S.C. § 6104(g)(1)(B)

  Go to provision →
  (B) The order also shall provide that each importer of mushrooms for the domestic fresh market shall pay assessments to the Council in the manner prescribed by the order.
• 7 U.S.C. § 6201(a)(5)

  Go to provision →
  (5) the maintenance and expansion of existing domestic and foreign markets for limes and the development of additional and improved markets for limes are vital to the welfare of lime producers and other persons concerned with producing, marketing, or processing limes;
• 7 U.S.C. § 6201(a)(6)

  Go to provision →
  (6) a coordinated program of research, promotion, and consumer information regarding limes is necessary for the maintenance and development of such markets; and
• 7 U.S.C. § 6201(b)(1)(A)

  Go to provision →
  (A) to strengthen the position of the lime industry in domestic and foreign markets, and
• 7 U.S.C. § 6201(b)(1)(B)

  Go to provision →
  (B) to maintain, develop, and expand markets for limes; and
• 7 U.S.C. § 6202(6)

  Go to provision →
  (6) The term “lime” means the fruit of a citrus latifolia tree for the fresh market.
• 7 U.S.C. § 6205(5)

  Go to provision →
  (5) provide authority to the Board to use, with the approval of the Secretary, funds collected under section 6204(d) of this title for the development and expansion of lime sales in foreign markets; and
• 7 U.S.C. § 6301(a)(4)

  Go to provision →
  (4) the maintenance and expansion of existing markets and development of new markets for soybeans and soybean products are vital to the welfare of soybean producers and processors and those concerned with marketing soybeans and soybean products, as well as to the general economy of the United States, and are necessary to ensure the ready availability and efficient marketing of soybeans and soybean products;
• 7 U.S.C. § 6301(a)(6)

  Go to provision →
  (6) the cooperative development, financing, and implementation of a coordinated national program of soybean promotion, research, consumer information, and industry information are necessary to maintain and expand existing markets and develop new markets for soybeans and soybean products; and
• 7 U.S.C. § 6301(b)

  Go to provision →
  (b) Congress declares that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for developing, financing through assessments on domestically-produced soybeans, and implementing a program of promotion, research, consumer information, and industry information designed to strengthen the soybean industry’s position in the marketplace, to maintain and expand existing domestic and foreign markets and uses for soybeans and soybean products, and to develop new markets and uses for soybeans and soybean products.
• 7 U.S.C. § 6302(7)

  Go to provision →
  (7) The term “industry information” means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the soybean industry, and activities to enhance the image of the soybean industry.
• 7 U.S.C. § 6302(13)

  Go to provision →
  (13) The term “promotion” means any action, including paid advertising, technical assistance, and trade servicing activities, to enhance the image or desirability of soybeans or soybean products in domestic and foreign markets, and any activity designed to communicate to consumers, importers, processors, wholesalers, retailers, government officials, or others information relating to the positive attributes of soybeans or soybean products or the benefits of importation, use, or distribution of soybeans and soybean products.
• 7 U.S.C. § 6304(p)(2)(C)

  Go to provision →
  (C) any action designed to market soybeans or soybean products directly to a foreign government or political subdivision thereof.
• 7 U.S.C. § 6401(a)(4)

  Go to provision →
  (4) the processing of milk into fluid milk products and the marketing of such products are important to the dairy industry because the fluid milk segment of the dairy market contributes substantially to ensuring that the prices paid to milk producers for raw milk are stable and adequate to maintain the overall strength of the dairy industry;
• 7 U.S.C. § 6401(a)(5)

  Go to provision →
  (5) the maintenance and expansion of markets for fluid milk products are vital to the Nation’s fluid milk processors and milk producers, as well as to the general economy of the United States;
• 7 U.S.C. § 6401(a)(6)

  Go to provision →
  (6) the congressional purpose underlying this chapter is to maintain and expand markets for fluid milk products, not to maintain or expand any processor’s share of those markets and that the chapter does not prohibit or restrict individual advertising or promotion of fluid milk products since the programs created and funded by this chapter are not extended to replace individual advertising and promotion efforts;
• 7 U.S.C. § 6401(a)(7)

  Go to provision →
  (7) the cooperative development, financing, and implementation of a coordinated program of advertising and promotion of fluid milk products is necessary to maintain and expand markets for fluid milk products;
• 7 U.S.C. § 6401(b)

  Go to provision →
  (b) It is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of powers provided in this chapter, of an orderly procedure for developing, financing, through adequate assessments on fluid milk products produced in the United States and carrying out an effective, continuous, and coordinated program of promotion, research, and consumer information designed to strengthen the position of the dairy industry in the marketplace and maintain and expand domestic and foreign markets and uses for fluid milk products, the purpose of which is not to compete with or replace individual advertising or promotion efforts designed to promote individual brand name or trade name fluid milk products, but rather to maintain and expand the markets for all fluid milk products, with the goal and purpose of this chapter being a national governmental goal that authorizes and funds programs that result in government speech promoting government objectives.
• 7 U.S.C. § 6402(4)

  Go to provision →
  (4) The term “fluid milk processor” means any person who processes and markets commercially more than 3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer).
• 7 U.S.C. § 6402(6)

  Go to provision →
  (6) The term “research” means market research to support advertising and promotion efforts, including educational activities, research directed to product characteristics, product development, including new products or improved technology in production, manufacturing or processing of milk and the products of milk.
• 7 U.S.C. § 6409(a)

  Go to provision →
  (a) The order shall provide that each fluid milk processor shall pay an assessment on each unit of fluid milk product that such person processes and markets commercially in consumer-type packages in the United States.
• 7 U.S.C. § 6409(c)(3)

  Go to provision →
  (3) Remittances shall be verified by market administrators and State regulatory officials, and local and State Agricultural Stabilization and Conservation Service offices, as provided by the Secretary.
• 7 U.S.C. § 6505(a)(1)(B)

  Go to provision →
  (B) no person may affix a label to, or provide other market information concerning, an agricultural product if such label or information implies, directly or indirectly, that such product is produced and handled using organic methods, except in accordance with this chapter.
• 7 U.S.C. § 6505(a)(2)

  Go to provision →
  (2) A label affixed, or other market information provided, in accordance with paragraph (1) may indicate that the agricultural product meets Department of Agriculture standards for organic production and may incorporate the Department of Agriculture seal.
• 7 U.S.C. § 6601(b)(2)

  Go to provision →
  (2) assist businesses to identify global marketing opportunities, conduct business on an international basis, and market themselves more effectively; and
• 7 U.S.C. § 6614(c)

  Go to provision →
  (c) The Federal contribution to the overall implementation of an action plan shall not exceed 80 percent of the total cost of the plan, including administrative and other costs. In calculating the Federal contribution, the Secretary shall take into account the fair market value of equipment, personnel, and services provided.
• 7 U.S.C. § 6616(b)

  Go to provision →
  (b) The interest rates on a loan made pursuant to this section shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturity of such loan, plus not to exceed 1 percent, as determined by the Secretary, and rounded to the nearest one-eighth of 1 percent.
• 7 U.S.C. § 6712(a)(4)(B)

  Go to provision →
  (B) is a third-party verifier entity that conducts the verification of the processes described in protocols for voluntary environmental credit markets.
• 7 U.S.C. § 6712(a)(10)

  Go to provision →
  (10) The term “voluntary environmental credit market” means a voluntary market through which agriculture or forestry credits may be bought or sold.
• 7 U.S.C. § 6712(b)(1)(A)(i)

  Go to provision →
  (i) Facilitating the participation of farmers, ranchers, and private forest landowners in voluntary environmental credit markets.
• 7 U.S.C. § 6712(b)(1)(A)(ii)

  Go to provision →
  (ii) Facilitating the provision of technical assistance, through covered entities, to farmers, ranchers, and private forest landowners to help overcome barriers to entry into voluntary environmental credit markets.
• 7 U.S.C. § 6712(b)(1)(A)(iv)

  Go to provision →
  (iv) Increasing access for farmers, ranchers, and private forest landowners to resources relating to existing voluntary environmental credit markets, including information relating to the basic market structure and the various roles and qualifications of different parties.
• 7 U.S.C. § 6712(c)(1)(A)

  Go to provision →
  (A) a list of, and documents relating to, widely accepted protocols that are designed to ensure consistency, reliability, effectiveness, efficiency, and transparency of voluntary environmental credit markets, including protocol documents and details relating to—

  (i) calculations;

  (ii) sampling methodologies;

  (iii) voluntary environmental credit accounting principles;

  (iv) systems for verification, monitoring, measurement, and reporting; and

  (v) methods to account for additionality, permanence, leakage, and, where appropriate, avoidance of double counting; and
• 7 U.S.C. § 6712(c)(3)

  Go to provision →
  (3) In publishing the list of widely accepted protocols and the descriptions of widely accepted qualifications under paragraph (1), the Secretary, in consultation with the Advisory Council, shall include all relevant information relating to market-based protocols, as appropriate, with regard to—

  (A) quantification;

  (B) verification;

  (C) additionality;

  (D) permanence;

  (E) reporting; and

  (F) other expertise, as determined by the Secretary.
• 7 U.S.C. § 6712(d)(2)(C)

  Go to provision →
  (C) instructions and suggestions to assist farmers, ranchers, and private forest landowners in facilitating the development of agriculture or forestry credits and accessing voluntary environmental credit markets, including—

  (i) through working with covered entities registered under the Program; and

  (ii) by providing information relating to programs, registries, and protocols of programs and registries that provide market-based participation opportunities for working and conservation agricultural and forestry lands.
• 7 U.S.C. § 6712(d)(2)(C)(ii)

  Go to provision →
  (ii) by providing information relating to programs, registries, and protocols of programs and registries that provide market-based participation opportunities for working and conservation agricultural and forestry lands.
• 7 U.S.C. § 6712(d)(4)(C)(i)

  Go to provision →
  (i) request from that covered entity contact information for all farmers, ranchers, and private forest landowners to which the covered entity provided technical assistance or the verification of the processes described in protocols of voluntary environmental credit markets; and
• 7 U.S.C. § 6712(f)(2)(C)(ix)

  Go to provision →
  (ix) not more than 3 members of private sector entities or organizations that participate in voluntary environmental credit markets; and
• 7 U.S.C. § 6712(f)(2)(C)(vii)

  Go to provision →
  (vii) not more than 2 experts or professionals familiar with voluntary environmental credit markets and the verification requirements in those markets;
• 7 U.S.C. § 6712(f)(4)(C)(i)

  Go to provision →
  (i) the current methods used by voluntary environmental credit markets to quantify and verify the prevention, reduction, or mitigation of greenhouse gas emissions (including the sequestration of carbon);
• 7 U.S.C. § 6712(f)(4)(C)(ii)

  Go to provision →
  (ii) means to reduce barriers to entry in the business of providing technical assistance or the verification of the processes described in protocols of voluntary environmental credit markets for covered entities, including by improving technical assistance provided by the Secretary;
• 7 U.S.C. § 6712(f)(4)(C)(iii)

  Go to provision →
  (iii) means to reduce compliance and verification costs for farmers, ranchers, and private forest landowners in entering voluntary environmental credit markets, including through mechanisms and processes to aggregate the value of activities across land ownership;
• 7 U.S.C. § 6712(f)(4)(C)(iv)

  Go to provision →
  (iv) issues relating to land and asset ownership in light of evolving voluntary environmental credit markets; and
• 7 U.S.C. § 6712(f)(4)(C)(v)

  Go to provision →
  (v) additional means to reduce barriers to entry in voluntary environmental credit markets for farmers, ranchers, and private forest landowners, particularly for beginning, socially disadvantaged, limited resource, and veteran farmers, ranchers, and private forest landowners.
• 7 U.S.C. § 6712(g)(2)(A)(i)

  Go to provision →
  (i) the number and categories of non-Federal actors in the nonprofit and for-profit sectors involved in development, generation, or sale of agriculture or forestry credits in voluntary environmental credit markets;
• 7 U.S.C. § 6712(g)(2)(A)(ii)

  Go to provision →
  (ii) the estimated overall domestic market demand for agriculture or forestry credits at the end of the preceding 4-calendar year period, and historically, in voluntary environmental credit markets;
• 7 U.S.C. § 6712(g)(2)(A)(iii)

  Go to provision →
  (iii) the total number of agriculture or forestry credits (measured in metric tons of carbon dioxide equivalent) that were estimated to be in development, generated, or sold in market transactions during the preceding 4-calendar year period, and historically, in voluntary environmental credit markets;
• 7 U.S.C. § 6712(g)(2)(A)(ix)

  Go to provision →
  (ix) the extent to which Department of Agriculture education of stakeholders about voluntary environmental credit markets would benefit those stakeholders, including whether that education would reduce barriers to entry identified under clause (v);
• 7 U.S.C. § 6712(g)(2)(A)(vii)

  Go to provision →
  (vii) means to reduce barriers to entry into voluntary environmental credit markets for beginning, socially disadvantaged, limited resource, and veteran farmers, ranchers, and private forest landowners, and the extent to which existing protocols of voluntary environmental credit markets allow for aggregation of projects among farmers, ranchers, and private forest landowners;
• 7 U.S.C. § 6712(g)(2)(A)(viii)

  Go to provision →
  (viii) the extent to which the existing regimes for generating and selling agriculture or forestry credits (as the regimes exist at the end of the preceding 4-calendar year period, and historically), and existing voluntary environmental credit markets, may be impeded or constricted, or achieve greater scale and reach, if the Department of Agriculture were involved, including involvement in education described in clause (ix);
• 7 U.S.C. § 6712(g)(2)(A)(x)

  Go to provision →
  (x) the extent to which existing protocols of voluntary environmental credit markets, including verification, additionality, permanence, and reporting, adequately take into consideration and account for factors encountered by the agriculture and private forest sectors in preventing, reducing, or mitigating greenhouse gas emissions (including by sequestering carbon) through agriculture and forestry practices, considering variances across regions, topography, soil types, crop or species varieties, and business models;
• 7 U.S.C. § 6712(g)(2)(A)(xi)

  Go to provision →
  (xi) the extent to which existing protocols of voluntary environmental credit markets consider options to ensure the continued valuation, through discounting or other means, of agriculture and forestry credits in the case of the practices underlying those credits being disrupted due to unavoidable events, including production challenges and natural disasters; and
• 7 U.S.C. § 6712(g)(2)(A)(xii)

  Go to provision →
  (xii) opportunities for other voluntary markets outside of voluntary environmental credit markets to foster the trading, buying, or selling of credits that are derived from activities that provide other ecosystem service benefits, including activities that improve water quality, water quantity, wildlife habitat enhancement, and other ecosystem services, as the Secretary determines appropriate;
• 7 U.S.C. § 6712(j)

  Go to provision →
  (j) Nothing in this section shall be construed to provide authority to the Secretary for the establishment or operation of a Federal market through which agriculture or forestry credits may be bought or sold.
• 7 U.S.C. § 6801(a)(3)(E)

  Go to provision →
  (E) add efficiencies to the market process that ensure the availability of a much greater variety of the product to retailers and consumers;
• 7 U.S.C. § 6801(a)(6)

  Go to provision →
  (6) the maintenance and expansion of markets in existence on December 14, 1993, and the development of new or improved markets or uses for cut flowers and cut greens, are needed to preserve and strengthen the economic viability of the domestic cut flowers and cut greens industry for the benefit of producers, handlers, retailers, and the entire floral industry;
• 7 U.S.C. § 6801(a)(7)

  Go to provision →
  (7) generic programs of promotion and consumer information can be effective in maintaining and developing markets for cut flowers and cut greens, and have the advantage of equally enhancing the market position for all cut flowers and cut greens;
• 7 U.S.C. § 6801(a)(8)

  Go to provision →
  (8) because cut flowers and cut greens producers are primarily agriculture-oriented rather than promotion-oriented, and because the floral marketing industry within the United States is comprised mainly of small-sized and medium-sized businesses, the development and implementation of an adequate and coordinated national program of generic promotion and consumer information necessary for the maintenance of markets in existence on December 14, 1993, and the development of new markets for cut flowers and cut greens have been prevented;
• 7 U.S.C. § 6801(a)(9)

  Go to provision →
  (9) there exist established State and commodity-specific producer-funded programs of promotion and research that are valuable efforts to expand markets for domestic producers of cut flowers and cut greens and that will benefit from the promotion and consumer information program authorized by this chapter in that the program will enhance the market development efforts of the programs for domestic producers;
• 7 U.S.C. § 6801(a)(10)

  Go to provision →
  (10) an effective and coordinated method for ensuring cooperative and collective action in providing for and financing a nationwide program of generic promotion and consumer information is needed to ensure that the cut flowers and cut greens industry will be able to provide, obtain, and implement programs of promotion and consumer information necessary to maintain, expand, and develop markets for cut flowers and cut greens; and
• 7 U.S.C. § 6801(a)(11)

  Go to provision →
  (11) the most efficient method of financing such a nationwide program is to assess cut flowers and cut greens at the point at which the flowers and greens are sold by handlers into the retail market.
• 7 U.S.C. § 6801(b)

  Go to provision →
  (b) It is the policy of Congress that it is in the public interest, and it is the purpose of this chapter, to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for the development and financing (through an adequate assessment on cut flowers and cut greens sold by handlers to retailers and related entities in the United States) of an effective and coordinated program of generic promotion, consumer information, and related research designed to strengthen the position of the cut flowers and cut greens industry in the marketplace and to maintain, develop, and expand markets for cut flowers and cut greens.
• 7 U.S.C. § 6802(9)

  Go to provision →
  (9) The term “research” means market research and studies limited to the support of advertising, market development, and other promotion efforts and consumer information efforts relating to cut flowers or cut greens, including educational activities.
• 7 U.S.C. § 6802(10)(A)

  Go to provision →
  (A) The term “retailer” means a person (such as a retail florist, supermarket, mass market retail outlet, or other end-use seller), as described in an order, that sells cut flowers or cut greens to consumers, and a distribution center described in subparagraph (B)(i).
• 7 U.S.C. § 6804(b)(2)(C)

  Go to provision →
  (C) The order shall provide that the appointments of qualified wholesale handlers to the PromoFlor Council made by the Secretary shall take into account the geographical distribution of cut flowers and cut greens markets in the United States.
• 7 U.S.C. § 6804(d)(2)(B)(i)(I)

  Go to provision →
  (I) market development research;
• 7 U.S.C. § 6923(b)(2)(A)(v)

  Go to provision →
  (v) 1 shall be an individual with supply chain experience, which may include a food aggregator, wholesale food distributor, food hub, or an individual who has direct-to-consumer market experience;
• 7 U.S.C. § 6925(b)(3)

  Go to provision →
  (3) provide outreach to entities engaged in activities to reduce barriers to food access, including retailers, markets, producers, and others involved in food production and distribution, with respect to the availability of, and eligibility for, Department programs;
• 7 U.S.C. § 6933(b)(3)

  Go to provision →
  (3) Any pilot or other programs involving revenue insurance, risk management savings accounts, or the use of the futures market to manage risk and support farm income that may be established under the Federal Crop Insurance Act or other law.
• 7 U.S.C. § 7101(a)(4)

  Go to provision →
  (4) the maintenance and expansion of existing markets and development of new markets for sheep and sheep products are vital to the welfare of sheep producers and persons concerned with marketing, using, and producing sheep and sheep products, as well as to the general economy of the United States, and necessary to ensure the ready availability and efficient marketing of sheep and sheep products;
• 7 U.S.C. § 7101(a)(6)

  Go to provision →
  (6) the cooperative development, financing, and implementation of a coordinated national program of sheep and sheep product promotion, research, consumer information, education, and industry information are necessary to maintain and expand existing markets and develop new markets for sheep and sheep products; and
• 7 U.S.C. § 7101(b)(2)

  Go to provision →
  (2) maintain and expand existing domestic and foreign markets and uses for sheep and sheep products; and
• 7 U.S.C. § 7101(b)(3)

  Go to provision →
  (3) develop new markets and uses for sheep and sheep products.
• 7 U.S.C. § 7102(12)

  Go to provision →
  (12) The term “handler” means any person who purchases and markets greasy wool.
• 7 U.S.C. § 7102(14)

  Go to provision →
  (14) The term “industry information” means information and programs that will lead to increased efficiency in processing and the development of new markets, marketing strategies, increased marketing efficiency, and activities to enhance the image of sheep or sheep products on a national or international basis.
• 7 U.S.C. § 7201(a)

  Go to provision →
  (a) This chapter may be cited as the “Agricultural Market Transition Act”.
• 7 U.S.C. § 7232(c)(1)(A)

  Go to provision →
  (A) 85 percent of the average price (weighted by market and month) of the base quality of cotton as quoted in the designated United States spot markets during 3 years of the 5-year period ending July 31 of the year preceding the year in which the crop is planted, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; or
• 7 U.S.C. § 7232(c)(1)(B)

  Go to provision →
  (B) 90 percent of the average, for the 15-week period beginning July 1 of the year preceding the year in which the crop is planted, of the 5 lowest-priced growths of the growths quoted for Middling 1³⁄₃₂-inch cotton C.I.F. Northern Europe (adjusted downward by the average difference during the period April 15 through October 15 of the year preceding the year in which the crop is planted between the average Northern European price quotation of such quality of cotton and the market quotations in the designated United States spot markets for the base quality of upland cotton), as determined by the Secretary.
• 7 U.S.C. § 7234(b)(2)

  Go to provision →
  (2) the prevailing world market price for the commodity (adjusted to United States quality and location), as determined by the Secretary.
• 7 U.S.C. § 7234(d)(1)

  Go to provision →
  (1) a formula to determine the prevailing world market price for each loan commodity, adjusted to United States quality and location; and
• 7 U.S.C. § 7234(d)(2)

  Go to provision →
  (2) a mechanism by which the Secretary shall announce periodically the prevailing world market price for each loan commodity.
• 7 U.S.C. § 7234(e)(1)

  Go to provision →
  (1) During the period ending July 31, 2003, the prevailing world market price for upland cotton (adjusted to United States quality and location) established under subsection (d) shall be further adjusted if—

  (A) the adjusted prevailing world market price is less than 115 percent of the loan rate for upland cotton established under section 7232 of this title, as determined by the Secretary; and

  (B) the Friday through Thursday average price quotation for the lowest-priced United States growth as quoted for Middling (M) 1³⁄₃₂-inch cotton delivered C.I.F. Northern Europe is greater than the Friday through Thursday average price of the 5 lowest-priced growths of upland cotton, as quoted for Middling (M) 1³⁄₃₂-inch cotton, delivered C.I.F. Northern Europe (referred to in this section as the “Northern Europe price”).
• 7 U.S.C. § 7234(e)(1)(A)

  Go to provision →
  (A) the adjusted prevailing world market price is less than 115 percent of the loan rate for upland cotton established under section 7232 of this title, as determined by the Secretary; and
• 7 U.S.C. § 7234(e)(2)

  Go to provision →
  (2) Except as provided in paragraph (3), the adjusted prevailing world market price for upland cotton shall be further adjusted on the basis of some or all of the following data, as available:

  (A) The United States share of world exports.

  (B) The current level of cotton export sales and cotton export shipments.

  (C) Other data determined by the Secretary to be relevant in establishing an accurate prevailing world market price for upland cotton (adjusted to United States quality and location).
• 7 U.S.C. § 7234(e)(2)(C)

  Go to provision →
  (C) Other data determined by the Secretary to be relevant in establishing an accurate prevailing world market price for upland cotton (adjusted to United States quality and location).
• 7 U.S.C. § 7236(a)(1)(B)

  Go to provision →
  (B) the prevailing world market price for upland cotton (adjusted to United States quality and location) does not exceed 134 percent of the loan rate for upland cotton established under section 7232 of this title.
• 7 U.S.C. § 7236(c)(1)

  Go to provision →
  (1) The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of such quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:

  (A) The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which data are available.

  (B) If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.

  (C) The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—

  (i) section 2703(d) of title 19;

  (ii) section 3203 of title 19;

  (iii) section 2463(d) of title 19; and

  (iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule.

  (D) In this subsection:

  (i) The term “supply” means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury—

  (I) the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established;

  (II) production of the current crop; and

  (III) imports to the latest date available during the marketing year.

  (ii) The term “demand” means—

  (I) the average seasonally adjusted annual rate of domestic mill consumption during the most recent 3 months for which data are available; and

  (II) the larger of—

  (aa) average exports of upland cotton during the preceding 6 marketing years; or

  (bb) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.

  (iii) The term “limited global import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.

  (E) When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.
• 7 U.S.C. § 7236a(a)

  Go to provision →
  (a) Notwithstanding any other provision of law, during the period beginning on October 1, 1999, and ending on July 31, 2003, the Secretary shall carry out a program to maintain and expand the domestic use of extra long staple cotton produced in the United States, to increase exports of extra long staple cotton produced in the United States, and to ensure that extra long staple cotton produced in the United States remains competitive in world markets.
• 7 U.S.C. § 7236a(b)(1)

  Go to provision →
  (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and
• 7 U.S.C. § 7257

  Go to provision →
  The Secretary of Agriculture shall, consistent with the obligations of the United States as a member of the World Trade Organization, provide such advice and assistance to the United States dairy industry as may be necessary to enable that industry to establish and maintain one or more export trading companies under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for and exportation of dairy products produced in the United States.
• 7 U.S.C. § 7258(a)

  Go to provision →
  (a) The Secretary of Agriculture shall indicate which entity or entities autonomous of the Government of the United States, which seeks such a designation, is best suited to facilitate the international market development for and exportation of United States dairy products, if the Secretary determines that—

  (1) the United States dairy industry has not established an export trading company under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for an exportation of dairy products produced in the United States on or before June 30, 1997; or

  (2) the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1998 does not exceed the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1997 by 1.5 billion pounds (milk equivalent, total solids basis).
• 7 U.S.C. § 7258(a)(1)

  Go to provision →
  (1) the United States dairy industry has not established an export trading company under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for an exportation of dairy products produced in the United States on or before June 30, 1997; or
• 7 U.S.C. § 7284(c)

  Go to provision →
  (c) In the case of a nonrecourse loan made under this chapter¹ title I of the Farm Security and Rural Investment Act of 2002 [7 U.S.C. 7901 et seq.], title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.], and title I of the Agricultural Act of 2014 [7 U.S.C. 9001 et seq.] or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), if the Commodity Credit Corporation acquires title to the unredeemed collateral, the Corporation shall be under no obligation to pay for any market value that the collateral may have in excess of the loan indebtedness.
• 7 U.S.C. § 7313(a)(7)

  Go to provision →
  (7) An assessment of the effect of any Federal Government interference in agricultural export markets, such as the imposition of trade embargoes, and the degree of implementation and success of international trade agreements and United States export programs.
• 7 U.S.C. § 7331(f)

  Go to provision →
  (f) Trades for futures and options contracts under the pilot program shall be carried out on commodity futures and options markets designated as contract markets under the Commodity Exchange Act (7 U.S.C. 1 et seq.).
• 7 U.S.C. § 7333(d)(3)(A)

  Go to provision →
  (A) in the case of each of the 1996 through 1998 crop years, 60 percent of the average market price for the crop (or any comparable coverage determined by the Secretary); or
• 7 U.S.C. § 7333(d)(3)(B)

  Go to provision →
  (B) in the case of each of the 1999 and subsequent crop years, 55 percent of the average market price for the crop (or any comparable coverage determined by the Secretary); by
• 7 U.S.C. § 7333(l)(1)(C)

  Go to provision →
  (C) 100 percent of the average market price, contract price, or other premium price (such as a local, organic, or direct market price, as elected by the producer) for the crop, as determined by the Secretary; and
• 7 U.S.C. § 7333(l)(2)(B)(i)(IV)

  Go to provision →
  (IV) the average market price, as determined by the Secretary;
• 7 U.S.C. § 7401(a)

  Go to provision →
  (a) In this section, the term “commodity promotion law” means a Federal law that provides for the establishment and operation of a promotion program regarding an agricultural commodity that includes a combination of promotion, research, industry information, or consumer information activities, is funded by mandatory assessments on producers or processors, and is designed to maintain or expand markets and uses for the commodity (as determined by the Secretary). The term includes—

  (1) the marketing promotion provisions under section 608c(6)(I) of this title;

  (2) Public Law 89–502 (7 U.S.C. 2101 et seq.);

  (3) title III of Public Law 91–670 (7 U.S.C. 2611 et seq.);

  (4) Public Law 93–428 (7 U.S.C. 2701 et seq.);

  (5) Public Law 94–294 (7 U.S.C. 2901 et seq.);

  (6) subtitle B of title I of Public Law 98–180 (7 U.S.C. 4501 et seq.);

  (7) Public Law 98–590 (7 U.S.C. 4601 et seq.);

  (8) subtitle B of title XVI of Public Law 99–198 (7 U.S.C. 4801 et seq.);

  (9) subtitle C of title XVI of Public Law 99–198 (7 U.S.C. 4901 et seq.);

  (10) subtitle B of title XIX of Public Law 101–624 (7 U.S.C. 6101 et seq.);

  (11) subtitle E of title XIX of Public Law 101–624 (7 U.S.C. 6301 et seq.);

  (12) subtitle H of title XIX of Public Law 101–624 (7 U.S.C. 6401 et seq.);

  (13) Public Law 103–190 (7 U.S.C. 6801 et seq.);

  (14) Public Law 103–407 (7 U.S.C. 7101 et seq.);

  (15) subchapter II;

  (16) subchapter III;

  (17) subchapter IV;

  (18) subchapter V; or

  (19) any other provision of law enacted after April 4, 1996, that provides for the establishment and operation of a promotion program described in the first sentence.
• 7 U.S.C. § 7401(b)(1)

  Go to provision →
  (1) It is in the national public interest and vital to the welfare of the agricultural economy of the United States to maintain and expand existing markets and develop new markets and uses for agricultural commodities through industry-funded, Government-supervised, generic commodity promotion programs established under commodity promotion laws.
• 7 U.S.C. § 7401(b)(3)

  Go to provision →
  (3) The central congressional purpose underlying each commodity promotion law has always been to maintain and expand markets for the agricultural commodity covered by the law, rather than to maintain or expand the share of those markets held by any individual producer or processor.
• 7 U.S.C. § 7401(b)(6)

  Go to provision →
  (6) An individual producer’s or processor’s own advertising initiatives are typically designed to increase the share of the market held by that producer or processor rather than to increase or expand the overall size of the market.
• 7 U.S.C. § 7401(b)(7)

  Go to provision →
  (7) In contrast, a generic commodity promotion program is intended and designed to maintain or increase the overall demand for the agricultural commodity covered by the program and increase the size of the market for that commodity, often by utilizing promotion methods and techniques that individual producers and processors typically are unable, or have no incentive, to employ.
• 7 U.S.C. § 7401(b)(8)(B)

  Go to provision →
  (B) produce nonideological and commercial communication the purpose of which is to further the governmental policy and objective of maintaining and expanding the markets for the covered commodities.
• 7 U.S.C. § 7401(b)(10)

  Go to provision →
  (10) These generic commodity promotion programs are of particular benefit to small producers who often lack the resources or market power to advertise on their own and who are otherwise often unable to benefit from the economies of scale available in promotion and advertising.
• 7 U.S.C. § 7401(e)(1)

  Go to provision →
  (1) Notwithstanding any provision of a commodity promotion law, a person that produces, handles, markets, or imports organic products may be exempt from the payment of an assessment under a commodity promotion law with respect to any agricultural commodity that is certified as “organic” or “100 percent organic” (as defined in part 205 of title 7, Code of Federal Regulations (or a successor regulation)).
• 7 U.S.C. § 7401(e)(2)

  Go to provision →
  (2) The exemption described in paragraph (1) shall apply to the certified “organic” or “100 percent organic” (as defined in part 205 of title 7 of the Code of Federal Regulations (or a successor regulation)) products of a producer, handler, or marketer regardless of whether the agricultural commodity subject to the exemption is produced, handled, or marketed by a person that also produces, handles, or markets conventional or nonorganic agricultural products, including conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed.
• 7 U.S.C. § 7461(a)(5)

  Go to provision →
  (5) the maintenance and expansion of existing domestic and foreign markets for kiwifruit, and the development of additional and improved markets for kiwifruit, are vital to the welfare of kiwifruit producers and other persons concerned with producing, marketing, and processing kiwifruit;
• 7 U.S.C. § 7461(a)(6)

  Go to provision →
  (6) a coordinated program of research, promotion, and consumer information regarding kiwifruit is necessary for the maintenance and development of the markets; and
• 7 U.S.C. § 7461(b)(2)

  Go to provision →
  (2) to use the program to strengthen the position of the kiwifruit industry in domestic and foreign markets and maintain, develop, and expand markets for kiwifruit; and
• 7 U.S.C. § 7462(10)

  Go to provision →
  (10) The term “processing” means canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in any manner changing the form of kiwifruit for the purpose of preparing the kiwifruit for market or marketing the kiwifruit.
• 7 U.S.C. § 7466(e)

  Go to provision →
  (e) The order may authorize the Board to use, with the approval of the Secretary, funds collected under section 7465(b) of this title and funds from other sources for the development and expansion of sales in foreign markets of kiwifruit produced in the United States.
• 7 U.S.C. § 7481(a)(4)

  Go to provision →
  (4) the maintenance and expansion of existing markets and uses and the development of new markets and uses for popcorn are vital to the welfare of processors and persons concerned with marketing, using, and producing popcorn for the market, as well as to the agricultural economy of the United States;
• 7 U.S.C. § 7481(a)(5)

  Go to provision →
  (5) the cooperative development, financing, and implementation of a coordinated program of popcorn promotion, research, consumer information, and industry information is necessary to maintain and expand markets for popcorn; and
• 7 U.S.C. § 7481(b)(2)

  Go to provision →
  (2) maintain and expand domestic and foreign markets and uses for popcorn.
• 7 U.S.C. § 7481(c)(1)

  Go to provision →
  (1) maintain and expand the markets for all popcorn products in a manner that—

  (A) is not designed to maintain or expand any individual share of a producer or processor of the market;

  (B) does not compete with or replace individual advertising or promotion efforts designed to promote individual brand name or trade name popcorn products; and

  (C) authorizes and funds programs that result in government speech promoting government objectives; and
• 7 U.S.C. § 7481(c)(1)(A)

  Go to provision →
  (A) is not designed to maintain or expand any individual share of a producer or processor of the market;
• 7 U.S.C. § 7481(d)(1)

  Go to provision →
  (1) provides for the imposition of a trade barrier to the entry into the United States of imported popcorn for the domestic market; or
• 7 U.S.C. § 7482(5)(A)

  Go to provision →
  (A) new markets, new marketing strategies, or increased efficiency for the popcorn industry; or
• 7 U.S.C. § 7482(10)

  Go to provision →
  (10) The term “process” means to shell, clean, dry, and prepare popcorn for the market, but does not include packaging popcorn for the market without also engaging in another activity described in this paragraph.
• 7 U.S.C. § 7482(11)

  Go to provision →
  (11) The term “processor” means a person engaged in the preparation of unpopped popcorn for the market who owns or shares the ownership and risk of loss of the popcorn and who processes and distributes over 4,000,000 pounds of popcorn in the market per year.
• 7 U.S.C. § 7484(c)(5)

  Go to provision →
  (5) to accept and receive voluntary contributions, gifts, and market promotion or similar funds;
• 7 U.S.C. § 7484(f)(2)

  Go to provision →
  (2) A processor that markets popcorn produced by the processor directly to consumers shall pay and remit the assessments on the popcorn directly to the Board in the manner prescribed in the order.
• 7 U.S.C. § 7484(i)(1)

  Go to provision →
  (1) The order shall require that each processor of popcorn for the market shall—

  (A) maintain, and make available for inspection, such books and records as are required by the order; and

  (B) file reports at such time, in such manner, and having such content as is prescribed in the order.
• 7 U.S.C. § 7502(a)(3)

  Go to provision →
  (3) meet international market development and food aid commitments, and
• 7 U.S.C. § 7506(a)

  Go to provision →
  (a) The Secretary shall take such precautions as the Secretary deems necessary to assure that any eligible recipient agency receiving commodities under this chapter will provide such commodities to persons served by the eligible recipient agency and will not diminish its normal expenditures for food by reason of the receipt of such commodities. The Secretary shall also take such precautions as the Secretary deems necessary to assure that commodities made available under this chapter will not displace commercial sales of such commodities or the products thereof. The Secretary shall not make commodities available for donation in any quantity or manner that the Secretary, in the Secretary’s discretion, determines may, substitute for the same or any other agricultural produce that would otherwise be purchased in the market.
• 7 U.S.C. § 7517(b)(1)(B)(vii)

  Go to provision →
  (vii) a farmers’ market;
• 7 U.S.C. § 7624(b)(1)

  Go to provision →
  (1) coordinate the research, technical expertise, economic information, and market information resources and activities of the Department to develop, commercialize, and promote the use of biobased products;
• 7 U.S.C. § 7624(g)

  Go to provision →
  (g) For the purpose of determining the market potential for new biobased products produced at a pilot plant or other large-scale preparation facility under a cooperative agreement under this section, the Secretary shall authorize the private partner or partners to the agreement to sell the products.
• 7 U.S.C. § 7627(b)(4)

  Go to provision →
  (4) economic analyses and market feasibility studies to identify new and expanded opportunities for producers on the operations that provide tools and strategies to meet consumer demand in domestic and international markets, such as cooperative marketing and value-added strategies for milk, meat, and poultry production and processing; and
• 7 U.S.C. § 7701(6)

  Go to provision →
  (6) export markets could be severely impacted by the introduction or spread of plant pests or noxious weeds into or within the United States;
• 7 U.S.C. § 7801(a)(2)

  Go to provision →
  (2) Hass avocados are a significant tree fruit crop grown by many individual producers, but virtually all domestically produced Hass avocados for the commercial market are grown in the State of California.
• 7 U.S.C. § 7801(a)(5)

  Go to provision →
  (5) The maintenance and expansion of markets in existence on October 28, 2000, and the development of new or improved markets or uses for Hass avocados are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers and other persons associated with the producing, marketing, processing, and consuming of Hass avocados.
• 7 U.S.C. § 7801(a)(6)

  Go to provision →
  (6) An effective and coordinated program of promotion, research, industry information, and consumer information regarding Hass avocados is necessary for the maintenance, expansion, and development of domestic markets for Hass avocados.
• 7 U.S.C. § 7801(b)

  Go to provision →
  (b) It is the purpose of this chapter to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for the development and financing (through an adequate assessment on Hass avocados sold by producers and importers in the United States) of an effective and coordinated program of promotion, research, industry information, and consumer information, including funds for marketing and market research activities, that is designed to—

  (1) strengthen the position of the Hass avocado industry in the domestic marketplace; and

  (2) maintain, develop, and expand markets and uses for Hass avocados in the domestic marketplace.
• 7 U.S.C. § 7801(b)(2)

  Go to provision →
  (2) maintain, develop, and expand markets and uses for Hass avocados in the domestic marketplace.
• 7 U.S.C. § 7802(9)

  Go to provision →
  (9) The term “industry information” means information and programs that are designed to increase efficiency in processing, enhance the development of new markets and marketing strategies, increase marketing efficiency, and activities to enhance the image of Hass avocados and the Hass avocado industry domestically.
• 7 U.S.C. § 7802(14)

  Go to provision →
  (14) The term “research” means any type of test, study, or analysis relating to market research, market development, and marketing efforts, or relating to the use, quality, or nutritional value of Hass avocados, other related food science research, or research designed to advance the image, desirability, and marketability of Hass avocados.
• 7 U.S.C. § 7804(b)(2)(A)(iii)

  Go to provision →
  (iii) Three members who are domestic producers of Hass avocados and are subject to assessments under the order, or are importers of Hass avocados and are subject to assessments under the order, to reflect the proportion of domestic production and imports supplying the United States market, which shall be based on the Secretary’s determination of the average volume of domestic production of Hass avocados proportionate to the average volume of imports of Hass avocados in the United States over the previous 3 years.
• 7 U.S.C. § 7804(d)(2)(B)

  Go to provision →
  (B) The order shall provide for the establishment, implementation, administration, and evaluation of appropriate plans and projects that will lead to the development of new markets, maintain and expand existing markets, lead to the development of new marketing strategies, or increase the efficiency of the Hass avocado industry, and activities to enhance the image of the Hass avocado industry, and for the disbursement of necessary funds for the purposes described in this subparagraph.
• 7 U.S.C. § 7804(d)(2)(C)(i)

  Go to provision →
  (i) the establishment, implementation, administration, and evaluation of plans and projects for market development research, research with respect to the sale, distribution, marketing, use, quality, or nutritional value of Hass avocados, and other research with respect to Hass avocado marketing, promotion, industry information or consumer information;
• 7 U.S.C. § 7914(b)(1)(A)

  Go to provision →
  (A) The national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary.
• 7 U.S.C. § 7934(b)(2)

  Go to provision →
  (2) the prevailing world market price for the commodity (adjusted to United States quality and location), as determined by the Secretary.
• 7 U.S.C. § 7934(d)(1)

  Go to provision →
  (1) a formula to determine the prevailing world market price for upland cotton and rice, adjusted to United States quality and location; and
• 7 U.S.C. § 7934(d)(2)

  Go to provision →
  (2) a mechanism by which the Secretary shall announce periodically the prevailing world market price for upland cotton and rice.
• 7 U.S.C. § 7934(e)(1)

  Go to provision →
  (1) During the period beginning on May 13, 2002, through July 31, 2008, the prevailing world market price for upland cotton (adjusted to United States quality and location) established under subsection (d) shall be further adjusted if—

  (A) the adjusted prevailing world market price is less than 115 percent of the loan rate for upland cotton established under section 7932 of this title, as determined by the Secretary; and

  (B) the Friday through Thursday average price quotation for the lowest-priced United States growth as quoted for Middling (M) 1³⁄₃₂-inch cotton delivered C.I.F. Northern Europe is greater than the Friday through Thursday average price of the 5 lowest-priced growths of upland cotton, as quoted for Middling (M) 1³⁄₃₂-inch cotton, delivered C.I.F. Northern Europe (referred to in this section as the “Northern Europe price”).
• 7 U.S.C. § 7934(e)(1)(A)

  Go to provision →
  (A) the adjusted prevailing world market price is less than 115 percent of the loan rate for upland cotton established under section 7932 of this title, as determined by the Secretary; and
• 7 U.S.C. § 7934(e)(2)

  Go to provision →
  (2) Except as provided in paragraph (3), the adjusted prevailing world market price for upland cotton shall be further adjusted on the basis of some or all of the following data, as available:

  (A) The United States share of world exports.

  (B) The current level of cotton export sales and cotton export shipments.

  (C) Other data determined by the Secretary to be relevant in establishing an accurate prevailing world market price for upland cotton (adjusted to United States quality and location).
• 7 U.S.C. § 7934(e)(2)(C)

  Go to provision →
  (C) Other data determined by the Secretary to be relevant in establishing an accurate prevailing world market price for upland cotton (adjusted to United States quality and location).
• 7 U.S.C. § 7937(c)(1)

  Go to provision →
  (1) The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of such quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:

  (A) The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which data are available.

  (B) If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.

  (C) The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—

  (i) section 2703(d) of title 19;

  (ii) section 3203 of title 19;

  (iii) section 2463(d) of title 19; and

  (iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule.

  (D) In this subsection:

  (i) The term “supply” means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury—

  (I) the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established;

  (II) production of the current crop; and

  (III) imports to the latest date available during the marketing year.

  (ii) The term “demand” means—

  (I) the average seasonally adjusted annual rate of domestic mill consumption during the most recent 3 months for which data are available; and

  (II) the larger of—

  (aa) average exports of upland cotton during the preceding 6 marketing years; or

  (bb) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.

  (iii) The term “limited global import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.

  (E) When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.
• 7 U.S.C. § 7938(a)(3)

  Go to provision →
  (3) to ensure that extra long staple cotton produced in the United States remains competitive in world markets.
• 7 U.S.C. § 7938(b)(1)

  Go to provision →
  (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and
• 7 U.S.C. § 7954(b)(1)(A)

  Go to provision →
  (A) The national average market price for peanuts received by producers during the 12-month marketing year for peanuts, as determined by the Secretary.
• 7 U.S.C. § 7957(a)(7)

  Go to provision →
  (7) A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality.
• 7 U.S.C. § 7960(b)

  Go to provision →
  (b) Notwithstanding any other provision of law or previous declaration made by the Secretary, the Secretary shall ensure that the disposal of all peanuts for which a loan for the 2001 crop of peanuts was made under section 7271 of this title before May 13, 2002, is carried out in a manner that prevents price disruptions in the domestic and international markets for peanuts.
• 7 U.S.C. § 7996(a)(2)(A)(i)

  Go to provision →
  (i) a program administered by the Secretary under which price or income support, or production or market loss assistance, is provided to producers of agricultural commodities; and
• 7 U.S.C. § 8102(l)

  Go to provision →
  (l) In this section, the term “biobased product” (as defined in section 8101 of this title) includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging.
• 7 U.S.C. § 8103(a)(3)

  Go to provision →
  (3) diversify markets for agricultural and forestry products and agriculture waste material; and
• 7 U.S.C. § 8103(d)(1)(C)(i)

  Go to provision →
  (i) whether the applicant has established a market for the advanced biofuel and the byproducts produced;
• 7 U.S.C. § 8107(c)(1)(B)(i)

  Go to provision →
  (i) if no codes or standards described in such subparagraph apply to the energy efficient equipment or system to be purchased or installed pursuant to such subparagraph, the Secretary shall require, to the maximum extent practicable, such equipment or system to meet the same efficiency measurements as the most efficient available equipment or system in the market; and
• 7 U.S.C. § 8107(c)(1)(B)(ii)

  Go to provision →
  (ii) the Secretary shall not provide such a loan guarantee for the purchase or installation of any energy efficient equipment or system unless more than one type of such equipment or system is available in the market.
• 7 U.S.C. § 8110(a)(4)

  Go to provision →
  (4) The term “eligible entity” means an entity located in the United States that markets an eligible commodity in the United States.
• 7 U.S.C. § 8110(b)(3)(A)(ii)

  Go to provision →
  (ii) Nothing in this section limits the use of other authorities for the disposition of an eligible commodity held in the inventory of the Commodity Credit Corporation for nonfood use or otherwise in a manner that does not increase the net quantity of sugar available for human consumption in the United States market, consistent with section 7272(f)(1) of this title.
• 7 U.S.C. § 8110(b)(3)(B)

  Go to provision →
  (B) Notwithstanding subparagraph (A), if there is an emergency shortage of sugar for human consumption in the United States market that is caused by a war, flood, hurricane, or other natural disaster, or other similar event, the Secretary may dispose of an eligible commodity that is owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 7272 of this title) through disposition as authorized under section 7272(f) of this title or through the use of any other authority of the Commodity Credit Corporation.
• 7 U.S.C. § 8111(a)(6)(C)(v)

  Go to provision →
  (v) any woody eligible material collected or harvested outside contract acreage that would otherwise be used for existing market products; or
• 7 U.S.C. § 8113(f)(1)

  Go to provision →
  (1) would be carried out in a location where markets are needed for the low-value, low-quality wood;
• 7 U.S.C. § 8306(d)(2)(A)

  Go to provision →
  (A) Subject to subparagraphs (B) and (C), the compensation shall be based on the fair market value, as determined by the Secretary, of the destroyed animal, article, facility, or means of conveyance.
• 7 U.S.C. § 8306(d)(2)(B)(i)

  Go to provision →
  (i) the fair market value of the destroyed animal, article, facility, or means of conveyance; and
• 7 U.S.C. § 8308a(b)(1)

  Go to provision →
  (1) The Secretary shall establish a program, to be known as the National Animal Disease Preparedness and Response Program (referred to in this section as “the Program”), to address the increasing risk of the introduction and spread within the United States of animal pests and diseases affecting the economic interests of the livestock and related industries of the United States, including the maintenance and expansion of export markets.
• 7 U.S.C. § 8734(a)(2)(A)

  Go to provision →
  (A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; and
• 7 U.S.C. § 8734(b)(2)

  Go to provision →
  (2) the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section.
• 7 U.S.C. § 8734(d)(1)

  Go to provision →
  (1) a formula to determine the prevailing world market price for each of upland cotton, long grain rice, and medium grain rice; and
• 7 U.S.C. § 8734(d)(2)

  Go to provision →
  (2) a mechanism by which the Secretary shall announce periodically those prevailing world market prices.
• 7 U.S.C. § 8734(e)(1)

  Go to provision →
  (1) The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location.
• 7 U.S.C. § 8734(e)(2)

  Go to provision →
  (2) The prevailing world market price for upland cotton determined under subsection (d)—

  (A) shall be adjusted to United States quality and location, with the adjustment to include—

  (i) a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 1³⁄₃₂-inch; and

  (ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and

  (B) may be further adjusted, during the period beginning on the date of enactment of this Act and ending on July 31, 2013, if the Secretary determines the adjustment is necessary to—

  (i) minimize potential loan forfeitures;

  (ii) minimize the accumulation of stocks of upland cotton by the Federal Government;

  (iii) ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and

  (iv) ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if—

  (I) there are insufficient current-crop price quotations; and

  (II) the forward-crop price quotation is the lowest such quotation available.
• 7 U.S.C. § 8734(e)(2)(A)(ii)

  Go to provision →
  (ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and
• 7 U.S.C. § 8734(e)(3)

  Go to provision →
  (3) In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market.
• 7 U.S.C. § 8737(a)(2)(B)

  Go to provision →
  (B) Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1³⁄₃₂-inch cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota.
• 7 U.S.C. § 8737(b)(2)

  Go to provision →
  (2) The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:

  (A) The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which data are available or as estimated by the Secretary.

  (B) If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.

  (C) The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—

  (i) section 2703(d) of title 19;

  (ii) section 3203 of title 19;

  (iii) section 2463(d) of title 19; and

  (iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule.

  (D) When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.
• 7 U.S.C. § 8738(a)(3)

  Go to provision →
  (3) to ensure that extra long staple cotton produced in the United States remains competitive in world markets.
• 7 U.S.C. § 8738(b)(1)

  Go to provision →
  (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and
• 7 U.S.C. § 8740(d)(2)(A)

  Go to provision →
  (A) Not later than 180 days after the date of enactment of this Act, the Secretary shall implement revisions in the administration of the marketing assistance loan program for upland cotton to more accurately and efficiently reflect market values for upland cotton.
• 7 U.S.C. § 8740(d)(2)(B)(ii)

  Go to provision →
  (ii) the establishment of differentials for the various quality factors and staple lengths of cotton based on a 3-year, weighted moving average of the weighted designated spot market regions, as determined by regional production;
• 7 U.S.C. § 8740(d)(2)(C)(i)

  Go to provision →
  (i) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;
• 7 U.S.C. § 8757(a)(7)

  Go to provision →
  (7) A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality.
• 7 U.S.C. § 8787(b)(1)

  Go to provision →
  (1) Subject to the availability of appropriations, the Secretary shall establish a hard white wheat development program in accordance with paragraph (2) to promote the establishment of hard white wheat as a viable market class of wheat in the United States by encouraging production of at least 240,000,000 bushels of hard white wheat by 2012.
• 7 U.S.C. § 9016(b)(1)

  Go to provision →
  (1) the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or
• 7 U.S.C. § 9017(b)(1)(B)(i)

  Go to provision →
  (i) the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or
• 7 U.S.C. § 9017(b)(2)(A)(ii)(I)

  Go to provision →
  (I) the national average market price received by producers during the 12-month marketing year, as determined by the Secretary; or
• 7 U.S.C. § 9017(c)(2)(B)

  Go to provision →
  (B) subject to paragraph (6), the national average market price received by producers during the 12-month marketing year for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices.
• 7 U.S.C. § 9017(c)(3)(A)(ii)

  Go to provision →
  (ii) subject to paragraph (6), the national average market price received by producers during the 12-month marketing year.
• 7 U.S.C. § 9017(c)(6)(A)

  Go to provision →
  (A) For the 2014 through 2018 crop years, if the national average market price received by producers during the 12-month marketing year for any of the 5 most recent crop years is lower than the reference price for the covered commodity, the Secretary shall use the reference price for any of those years for the amounts in paragraph (2)(B) or (3)(A)(ii).
• 7 U.S.C. § 9017(c)(6)(B)

  Go to provision →
  (B) For the 2019 through 2031 crop years, if the national average market price received by producers during the 12-month marketing year for any of the 5 most recent crop years is lower than the effective reference price for the covered commodity, the Secretary shall use the effective reference price for any of those years for the amounts in paragraph (2)(B) or (3)(A)(ii).
• 7 U.S.C. § 9017(h)(1)(A)(iii)

  Go to provision →
  (iii) the national average market price determined under subsection (c)(2)(B).
• 7 U.S.C. § 9017(h)(1)(B)(ii)

  Go to provision →
  (ii) In the case of a covered commodity, such as temperate japonica rice, for which the Secretary cannot determine the national average market price for the most recent 12-month marketing year by the date described in clause (i) due to insufficient reporting of timely pricing data by 1 or more nongovernmental entities, including a marketing cooperative for the covered commodity, as soon as practicable after the pricing data are made available, the Secretary shall publish information describing—

  (I) the agriculture risk coverage guarantee under subparagraph (A)(i); and

  (II) the national average market price under subparagraph (A)(iii).
• 7 U.S.C. § 9017(h)(1)(B)(ii)(II)

  Go to provision →
  (II) the national average market price under subparagraph (A)(iii).
• 7 U.S.C. § 9031(e)(5)

  Go to provision →
  (5) A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality.
• 7 U.S.C. § 9034(a)(2)(A)

  Go to provision →
  (A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; and
• 7 U.S.C. § 9034(b)(1)(B)(i)

  Go to provision →
  (i) in the case of long grain rice and medium grain rice, the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section; or
• 7 U.S.C. § 9034(b)(1)(B)(ii)

  Go to provision →
  (ii) in the case of upland cotton, the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section.
• 7 U.S.C. § 9034(b)(2)

  Go to provision →
  (2) In the case of a repayment for a marketing assistance loan for upland cotton at a rate described in paragraph (1)(B)(ii), the Secretary shall provide to the producer a refund (if any) in an amount equal to the difference between the lowest prevailing world market price, as determined and adjusted by the Secretary in accordance with this section, during the 30-day period following the date on which the producer repays the marketing assistance loan and the repayment rate.
• 7 U.S.C. § 9034(c)(2)

  Go to provision →
  (2) the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section.
• 7 U.S.C. § 9034(d)(1)(A)

  Go to provision →
  (A) a formula to determine the prevailing world market price for each of upland cotton, long grain rice, medium grain rice, and extra long staple cotton; and
• 7 U.S.C. § 9034(d)(1)(B)

  Go to provision →
  (B) a mechanism by which the Secretary shall announce periodically those prevailing world market prices.
• 7 U.S.C. § 9034(e)(1)

  Go to provision →
  (1) The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location.
• 7 U.S.C. § 9034(e)(2)

  Go to provision →
  (2) The prevailing world market price for upland cotton determined under subsection (d)—

  (A) shall be adjusted to United States quality and location, with the adjustment to include—

  (i) a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 1³⁄₃₂-inch; and

  (ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and

  (B) may be further adjusted, during the period beginning on February 7, 2014, and ending on July 31, 2032, if the Secretary determines the adjustment is necessary—

  (i) to minimize potential loan forfeitures;

  (ii) to minimize the accumulation of stocks of upland cotton by the Federal Government;

  (iii) to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and

  (iv) to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if—

  (I) there are insufficient current-crop price quotations; and

  (II) the forward-crop price quotation is the lowest such quotation available.
• 7 U.S.C. § 9034(e)(2)(A)(ii)

  Go to provision →
  (ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and
• 7 U.S.C. § 9034(e)(3)

  Go to provision →
  (3) The prevailing world market price for extra long staple cotton determined under subsection (d)—

  (A) shall be adjusted to United States quality and location, with the adjustment to include the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and

  (B) may be further adjusted, during the period beginning on July 4, 2025, and ending on July 31, 2032, if the Secretary determines the adjustment is necessary—

  (i) to minimize potential loan forfeitures;

  (ii) to minimize the accumulation of stocks of extra long staple cotton by the Federal Government;

  (iii) to ensure that extra long staple cotton produced in the United States can be marketed freely and competitively; and

  (iv) to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if—

  (I) there are insufficient current-crop price quotations; and

  (II) the forward-crop price quotation is the lowest such quotation available.
• 7 U.S.C. § 9034(e)(3)(A)

  Go to provision →
  (A) shall be adjusted to United States quality and location, with the adjustment to include the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and
• 7 U.S.C. § 9034(e)(4)

  Go to provision →
  (4) In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market.
• 7 U.S.C. § 9037(a)(2)(B)

  Go to provision →
  (B) Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1³⁄₃₂-inch cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota.
• 7 U.S.C. § 9037(b)(2)

  Go to provision →
  (2) The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:

  (A) The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary.

  (B) If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.

  (C) The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—

  (i) section 2703(d) of title 19;

  (ii) section 3203 of title 19;

  (iii) section 2463(d) of title 19; and

  (iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule.

  (D) When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.
• 7 U.S.C. § 9038(a)(3)

  Go to provision →
  (3) to ensure that extra long staple cotton produced in the United States remains competitive in world markets.
• 7 U.S.C. § 9038(b)(1)

  Go to provision →
  (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and
• 7 U.S.C. § 9040(d)(2)(A)

  Go to provision →
  (A) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;
• 7 U.S.C. § 9051(4)(A)

  Go to provision →
  (A) The term “dairy operation” means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer—

  (i) shares in the risk of producing milk; and

  (ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy operation of the individual or entity, which are at least commensurate with the individual or entity’s share of the proceeds of the operation.
• 7 U.S.C. § 9052(a)(2)

  Go to provision →
  (2) The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary.
• 7 U.S.C. § 9071(g)(1)

  Go to provision →
  (1) An eligible distributor that receives eligible milk donated under this section may not sell the products back into commercial markets.
• 7 U.S.C. § 9071a(d)(2)(B)(iii)

  Go to provision →
  (iii) reducing volatility relating to significant market disruptions;
• 7 U.S.C. § 9071a(e)(1)

  Go to provision →
  (1) An eligible distributor that receives eligible dairy products donated under this section may not sell the eligible dairy products into commercial markets.
• 7 U.S.C. § 9081(a)(2)(A)

  Go to provision →
  (A) The term “eligible producer on a farm” means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock.
• 7 U.S.C. § 9081(b)(2)(A)

  Go to provision →
  (A) Indemnity payments to an eligible producer on a farm under paragraph (1)(A) shall be made at a rate of 100 percent of the market value of the affected livestock on the applicable date, as determined by the Secretary.
• 7 U.S.C. § 9081(b)(2)(B)

  Go to provision →
  (B) Indemnity payments to an eligible producer on a farm under subparagraph (B) or (C) of paragraph (1) shall be made at a rate of 75 percent of the market value of the affected livestock on the applicable date, as determined by the Secretary.
• 7 U.S.C. § 9081(b)(2)(C)

  Go to provision →
  (C) In determining the market value described in subparagraphs (A) and (B), the Secretary may consider the ability of eligible producers to document regional price premiums for affected livestock that exceed the national average market price for those livestock.
• 7 U.S.C. § 9097(e)(2)(B)(iv)

  Go to provision →
  (iv) The Agricultural Market Transition Act (7 U.S.C. 7201 et seq.).