7 U.S.C. § 7958
All peanuts marketed in the United States shall be officially inspected and graded by Federal or Federal-State inspectors.
The Peanut Administrative Committee established under Marketing Agreement No. 146 issued pursuant to the Agricultural Adjustment Act ( 7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is terminated.
The Secretary shall establish a Peanut Standards Board for the purpose of advising the Secretary regarding the establishment of quality and handling standards for domestically produced and imported peanuts.
The Board shall consist of 18 members, with representation equally divided between peanut producers and peanut industry representatives.
The Secretary shall appoint-
The Secretary shall appoint 3 peanut industry representatives from each of the 3 peanut producing regions in the United States.
A member of the Board shall serve a 3-year term.
In making the initial appointments to the Board, the Secretary shall stagger the terms of the members so that-
The Secretary shall consult with the Board in advance whenever the Secretary establishes or changes, or considers the establishment of or a change to, quality and handling standards for peanuts.
Chapter 10 of title 5 shall not apply to the Board.
The Secretary shall make identifying and combating the presence of all quality concerns related to peanuts a priority in the development of quality and handling standards for peanuts and in the inspection of domestically produced and imported peanuts. The Secretary shall consult with appropriate Federal and State agencies to provide adequate safeguards against all quality concerns related to peanuts.
Imported peanuts shall be subject to the same quality and handling standards as apply to domestically produced peanuts.
In addition to other funds that are available to carry out this section, there is authorized to be appropriated such sums as are necessary to carry out this section.
The expenses of the Peanut Standards Board shall not be counted toward any general limitation on the expenses of advisory committees, panels, commissions, and task forces of the Department of Agriculture, whether enacted before, on, or after May 13, 2002, unless the limitation specifically refers to this paragraph and specifically includes the Peanut Standards Board within the general limitation.
Notwithstanding the appointment process specified in subsection (c) for the Peanut Standards Board, during the transition period, the Secretary may designate persons serving as members of the Peanut Administrative Committee on the day before May 13, 2002, to serve as members of the Peanut Standards Board for the purpose of carrying out the duties of the Board described in this section.
The Secretary may transfer any funds available to carry out the activities of the Peanut Administrative Committee to the Peanut Standards Board to carry out the duties of the Board described in this section.
In paragraph (1), the term "transition period" means the period beginning on May 13, 2002, and ending on the earlier of-
This section shall take effect with the 2002 crop of peanuts.
7 U.S.C. § 7958
EDITORIAL NOTES
REFERENCES IN TEXTThe Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, referred to in subsec. (b), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, which is classified generally to chapter 26 (§601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables.
AMENDMENTSSubsec. (c)(5). Pub. L. 117-286 substituted "Chapter 10 of title 5" for "Federal Advisory Committee Act" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text. 2018-Subsec. (c)(2)(B)(iii). Pub. L. 115-334 substituted "Virginia, North Carolina, and South Carolina" for "Virginia and North Carolina".
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- State
- The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
- producer
- The term "producer" means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract and shall ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter.