The provisions of this section and section 608d of this title applicable to orders shall be applicable to amendments to orders.

2004—Subsec. (7)(C). Pub. L. 108–379, in concluding provisions, struck out “or pears” after “grapefruit” and “: Provided, That in a marketing order applicable to pears for canning or freezing the representation of processors and producers on such agency shall be equal” before period at end.

1985—Subsec. (5)(A). Pub. L. 99–198, § 131(a), inserted provisions, with accompanying table, establishing the minimum aggregate amounts of the adjustments under cls. (1) and (2) to prices for milk of the highest use classification under orders in effect on Dec. 23, 1985, and requiring that such prices be adjusted for the locations at which delivery of such milk is made to such handlers.

Pub. L. 91–196, § 1(1), temporarily inserted “and not including potatoes for canning, freezing, or other processing” after “vegetables (not including vegetables, other than asparagus, for canning or freezing”. See Effective Date of 1970 Amendment note below.

1937—Act June 3, 1937, § 1, affirmed, validated, and reenacted provisions of section. See Validity of Section Affirmed note below.

The supplemental rules of practice shall take effect not later than 120 days after the date of enactment of this subparagraph, as determined by the Secretary.

Subsec. (6). Act Aug. 5, 1937, amended act June 3, 1937, by adding subsec. (l), which in turn amended subsec. (6) by inserting “honeybees,” after “soybeans and their products,” in introductory provisions.

A post-hearing brief may be filed under this paragraph not later than 60 days after the date of an amendment hearing regarding a milk marketing order.

Subsec. (6). Act Aug. 28, 1954, § 401(c), added introductory provisions and struck out former introductory provisions and added pars. (H) and (I).

No order shall be issued under this section unless it regulates the handling of the commodity or product covered thereby in the same manner as, and is made applicable only to persons in the respective classes of industrial or commercial activity specified in, a marketing agreement upon which a hearing has been held. No order shall be issued under this chapter prohibiting, regulating, or restricting the advertising of any commodity or product covered thereby, nor shall any marketing agreement contain any provision prohibiting, regulating, or restricting the advertising of any commodity, or product covered by such marketing agreement.

The words “(including the district court of the United States for the District of Columbia)” in subsec. (15)(B) following “The District Courts of the United States” have been deleted as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.”, and section 88 of said Title 28 which states in part that “The District of Columbia constitutes one judicial district.”

Pub. L. 95–279, title IV, § 401(b), May 15, 1978, 92 Stat. 243, provided that, within a period of 60 days following the second anniversary of the implementation of section 401 of Pub. L. 95–279, the Secretary of Agriculture was to submit to Congress a report describing how section 401 was implemented.

1973—Subsec. (6)(I). Pub. L. 93–230 inserted “and Florida Indian River grapefruit” after “with respect to almonds” in first proviso.

Subsec. 5(B)(e), which permitted a provision for the accumulation and disbursement of a fund to encourage seasonal adjustments in the production of milk to be included in an order, was omitted as terminated. See Effective and Termination Dates of 1981 Amendment note set out below.

Subsec. (17). Pub. L. 91–524, § 201(f)(1), as added by Pub. L. 93–86, temporarily struck out period at end and added second proviso related to provisions governing procedures when one-third or more of producers apply in writing for a hearing on a proposed amendment of an order, prohibiting any construction of subsec. (12) in a way which might permit cooperatives to act for their members in applying for hearings, and excusing the Secretary from the requirement of having to call a hearing on proposed amendments to an order in response to an application for such a hearing when the application for such a hearing is received by the Secretary within ninety days after the date on which the Secretary has announced his decision on a previously proposed amendment to such order and the two proposed amendments are essentially the same. See Termination of 1970 Amendment note below.

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1980—Subsec. (6)(I). Pub. L. 96–494 inserted, in first proviso, “walnuts,” before “or tomatoes” and “walnuts, olives,” before “and Florida Indian River grapefruit”.

Subsec. (19). Pub. L. 92–466, § 1(4), inserted provision respecting producer or processor referendum for approving order applicable to pears for canning or freezing.

2002—Subsec. (2)(A). Pub. L. 107–171, § 10601(a)(1), inserted “caneberries (including raspberries, blackberries, and loganberries),” after “other than pears, olives, grapefruit, cherries,”.

Pub. L. 91–292 which directed the insertion of “production research,” after “Establishing or providing for the establishment of”, was executed by making the insertion after “establishing or providing for the establishment of” to reflect the probable intent of Congress, inserted “or efficient production” after “consumption”, and struck out period at end and inserted “: Provided further, That the inclusion in a Federal marketing order of provisions for research shall not be deemed to preclude, preempt or supersede research provisions in any State program covering the same commodity.”

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Pub. L. 89–321, title I, §§ 103, 104, Nov. 3, 1965, 79 Stat. 1188, as amended by Pub. L. 90–559, § 1(3), Oct. 11, 1968, 82 Stat. 996, provided that:

2008—Subsec. (17). Pub. L. 110–246, § 1504, added subsec. (17) and struck out former subsec. (17). Prior to amendment, text read as follows: “The provisions of this section, section 608d of this title, applicable to orders shall be applicable to amendments to orders: Provided, That notice of a hearing upon a proposed amendment to any order issued pursuant to this section, given not less than three days prior to the date fixed for such hearing, shall be deemed due notice thereof.”

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Subsec. (6)(I). Pub. L. 89–330 inserted “, carrots, citrus fruits, onions, Tokay grapes, fresh pears, dates, plums, nectarines, celery, sweet corn, limes, olives, pecans, or avocados” after “applicable to cherries” in proviso.

Pub. L. 91–524, title II, § 201(b), Nov. 30, 1970, 84 Stat. 1361, provided that the legal status of producer handlers of milk under the Agricultural Adjustment Act shall be the same subsequent to the adoption of the amendments made by Pub. L. 91–524 as it was prior thereto. For termination of this provision, see Termination of 1970 Amendment note above.

Subsec. (18). Pub. L. 97–98, § 101(a)(3), temporarily inserted “to meet current needs and further to assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs” after “pure and wholesome milk”. See Effective and Termination Dates of 1981 Amendment note below. An identical amendment was temporarily made by Pub. L. 91–524, § 201(f)(2), as added by Pub. L. 93–86, see 1970 Amendment note and Termination of 1970 Amendment note below.

Pub. L. 91–524, title II, § 201(d), Nov. 30, 1970, 84 Stat. 1361, clarified Congressional intent that subsection (5)(G) be fully reaffirmed and in no way altered, rescinded, or amended. For termination of this provision, see Termination of 1970 Amendment note above.

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.

Subsec. (2)(B). Pub. L. 92–233, § 1(2), inserted “including potatoes for canning, freezing, or other processing” after “fruits and vegetables for canning or freezing,”. The amendment served to make permanent the temporary exemption first inserted by Pub. L. 91–196, § 1(2). See 1970 Amendment note and Effective Date of 1970 Amendment note below.

Pub. L. 110–234, title X, § 10108, May 22, 2008, 122 Stat. 1338, and Pub. L. 110–246, § 4(a), title X, § 10108, June 18, 2008, 122 Stat. 1664, 2099, provided that:

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Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Subsec. (11). Pub. L. 106–78, § 760, inserted at end “The price of milk paid by a handler at a plant operating in Clark County, Nevada shall not be subject to any order issued under this section.”

Subsec. (17). Pub. L. 97–98, § 101(a)(2), temporarily struck out period at end and added second proviso related to provisions governing procedures when one-third or more of producers apply in writing for a hearing on a proposed amendment of an order, prohibiting any construction of subsec. (12) in a way which might permit cooperatives to act for their members in applying for hearings, and excusing the Secretary from the requirement of having to call a hearing on proposed amendments to an order in response to an application for such a hearing when the application for such a hearing is received by the Secretary within ninety days after the date on which the Secretary has announced his decision on a previously proposed amendment to such order and the two proposed amendments are essentially the same. See Effective and Termination Dates of 1981 Amendment note below. A substantially identical amendment was temporarily made by Pub. L. 91–524, § 201(f)(1), as added by Pub. L. 93–86, see 1970 Amendment note and Termination of 1970 Amendment note below.

Subsec. (6)(I). Pub. L. 107–171, § 10601(a)(2), substituted “tomatoes, caneberries (including raspberries, blackberries, and loganberries),” for “tomatoes,,” in first proviso.

The date of enactment of this subparagraph, referred to in subsec. (17)(B)(i), (iii), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

Pub. L. 97–98, title I, § 101(b), Dec. 22, 1981, 95 Stat. 1219, as amended by Pub. L. 99–198, title I, § 132, Dec. 23, 1985, 99 Stat. 1373; Pub. L. 101–624, title I, § 108, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 103–66, title I, § 1105(b), Aug. 10, 1993, 107 Stat. 317, provided that:

For the effective date of this sentence, referred to in subsec. (5)(A), see section 1403(b) of Pub. L. 115–334, set out as an Effective Date of 2018 Amendment note below.

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Whenever the Secretary of Agriculture has reason to believe that the issuance of an order will tend to effectuate the declared policy of this chapter with respect to any commodity or product thereof specified in subsection (2) of this section, he shall give due notice of and an opportunity for a hearing upon a proposed order.

Subsec. (18). Pub. L. 91–524, § 201(f)(2), as added by Pub. L. 93–86, temporarily inserted “to meet current needs and further to assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs” after “pure and wholesome milk”. See Termination of 1970 Amendment note below.

1942—Subsec. (6). Act Feb. 10, 1942, substituted “hops and their products,” for “hops,” in introductory provisions and added par. (F).

A recommended decision on a proposed amendment to an order shall be issued not later than 90 days after the deadline for the submission of post-hearing briefs.

Act June 3, 1937, ch. 296, § 1, 50 Stat. 246, affirmed and validated, and reenacted without change the provisions of this section, except for the amendments to subsections (5)(B)(d) and (6)(B) by section 2 of the act, and the addition of subsections (18) and (19) by said section 2. See Validity of Certain Sections Affirmed note set out under section 601 of this title.

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Pub. L. 106–78, title VII, § 760, Oct. 22, 1999, 113 Stat. 1173, provided that the amendment made by section 760 is effective Oct. 1, 1999.

Pub. L. 106–78, § 757(a)(1), which directed substitution of “, Florida grown strawberries, or cranberries” for “or Florida grown strawberries” in first proviso, was executed by making the substitution for “or Florida-grown strawberries” to reflect the probable intent of Congress.

Subsec. (11). Pub. L. 109–215, § 2(b)(1), which directed striking out last sentence in subpar. (C), was executed by striking out concluding provisions “The price of milk paid by a handler at a plant operating in Clark County, Nevada shall not be subject to any order issued under this section.” which followed subpar. (C) to reflect the probable intent of Congress.

1962—Subsec. (6)(I). Pub. L. 87–703 struck out period at end and inserted “: Provided, That with respect to orders applicable to cherries such projects may provide for any form of marketing promotion including paid advertising.”

The Secretary of Agriculture shall, subject to the provisions of this section, issue, and from time to time amend, orders applicable to processors, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof specified in subsection (2) of this section. Such persons are referred to in this chapter as “handlers”. Such orders shall regulate, in the manner hereinafter in this section provided, only such handling of such agricultural commodity, or product thereof, as is in the current of interstate or foreign commerce, or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations.

A final decision on a proposed amendment to an order shall be issued not later than 60 days after the deadline for submission of comments and exceptions to the recommended decision issued under clause (iii).

Subsec. (6)(B). Act June 3, 1937, § 2(e), struck out “produced or” before “sold by such producers” and substituted “quantities available for sale by” for “production or sales of”.

Subsec. (18). Pub. L. 89–321, § 102(b), temporarily inserted “or, in the case of orders applying only to manufacturing milk, the production area” after “marketing area” in two places. See Termination of 1965 Amendments note below.

1936—Subsec. (15)(B). Act June 25, 1936, provided that the Supreme Court of the District of Columbia should thereafter be known as the “district court of the United States for the District of Columbia”. See Codification note above.

Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title.

Subsec. (16)(A). Pub. L. 99–198, § 1662(a)(1), designated existing provisions of par. (A) as cl. (i), substituted “Except as provided in clause (ii), the Secretary” for “The Secretary”, and added cl. (ii).

For the purpose of ascertaining whether the issuance of an order is approved or favored by producers or processors, as required under the applicable provisions of this chapter, the Secretary may conduct a referendum among producers or processors and in the case of an order other than an amendatory order shall do so. The requirements of approval or favor under any such provision shall be held to be complied with if, of the total number of producers or processors, or the total volume of production, as the case may be, represented in such referendum, the percentage approving or favoring is equal to or in excess of the percentage required under such provision. The terms and conditions of the proposed order shall be described by the Secretary in the ballot used in the conduct of the referendum. The nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto. Nothing in this subsection shall be construed as limiting representation by cooperative associations as provided in subsection (12) of this section. For the purpose of ascertaining whether the issuance of an order applicable to pears for canning or freezing is approved or favored by producers as required under the applicable provisions of this chapter, the Secretary shall conduct a referendum among producers in each State in which pears for canning or freezing are proposed to be included within the provisions of such marketing order and the requirements of approval or favor under any such provisions applicable to pears for canning or freezing shall be held to be complied with if, of the total number of producers, or the total volume of production, as the case may be, represented in such referendum, the percentage approving or favoring is equal to or in excess of 66⅔ per centum except that in the event that pear producers in any State fail to approve or favor the issuance of any such marketing order, it shall not be made effective in such State.

Subsec. (5)(B). Pub. L. 91–524, § 201(a), temporarily added cls. (d) to (f) and struck out former cl. (d) and concluding provisions. See Termination of 1970 Amendment note below.

Pub. L. 91–524, title II, § 206, as added by Pub. L. 93–86, § 1(6), Aug. 10, 1973, 87 Stat. 224; amended Pub. L. 93–125, § 1(a)(iii), Oct. 18, 1973, 87 Stat. 450, provided that:

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Not later than 60 days after the date of enactment of this subparagraph, the Secretary shall issue, using informal rulemaking, supplemental rules of practice to define guidelines and timeframes for the rulemaking process relating to amendments to orders.

Subsec. (7)(C). Pub. L. 92–466, § 1(3), inserted “or pears” after “a marketing order applicable to grapefruit”, struck out period at end, and inserted “: Provided, That in a marketing order applicable to pears for canning or freezing the representation of processors and producers on such agency shall be equal.”

1935—Act Aug. 24, 1935, added section to the Agricultural Adjustment Act and struck out former section 608(3) of this title.

Pub. L. 101–624, title I, § 103, Nov. 28, 1990, 104 Stat. 3379, required the Secretary of Agriculture to consider alternative pricing formula recommendations as they related to the Minnesota-Wisconsin price series used to determine the minimum prices paid under milk marketing orders, to hold a national hearing on proposed replacements of that price series, and to report to Congress on issuance of a final decision on the hearing proposals.

Subsec. (14)(A). Pub. L. 101–624, § 1306(1), struck out “(other than a provision calling for payment of a pro rata share of expenses)” before “shall, on conviction” and substituted “. If” for “: Provided, That if”.

Phrase “, with the approval of the President,” following “Secretary of Agriculture” in introductory provisions of subsec. (9) of this section, was omitted on the authority of section 102 of 1947 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the function of the President with respect to approving determinations of the Secretary of Agriculture in connection with agricultural marketing orders under this section.

After such notice and opportunity for hearing, the Secretary of Agriculture shall issue an order if he finds, and sets forth in such order, upon the evidence introduced at such hearing (in addition to such other findings as may be specifically required by this section) that the issuance of such order and all of the terms and conditions thereof will tend to effectuate the declared policy of this chapter with respect to such commodity.

1961—Subsec. (2). Pub. L. 87–128, § 141(3), designated provisions after “applicable only to” as par. (A), inserted “cherries, apples, or cranberries,” after “grapefruit,” the first time appearing, substituted “Idaho, New York, Michigan, Maryland, New Jersey, Indiana, California, Maine, Vermont, New Hampshire, Rhode Island, Massachusetts, and Connecticut, and not including fruits for canning or freezing other than olives, grapefruit, cherries, cranberries, and apples produced in the States named above except Washington, Oregon, and Idaho)” for “and Idaho, and not including fruits, other than olives and grapefruit, for canning or freezing)”, struck out “soybeans,” before “hops, honeybees”, and added par. (B).

Subsec. (6)(I). Pub. L. 91–522 inserted “almonds,” before “cherries” in first proviso, inserted at end of first proviso “and with respect to almonds may provide for crediting the pro rata expense assessment obligations of a handler with all or any portion of his direct expenditures for such marketing promotion including paid advertising as may be authorized by the order”, and amended second proviso generally.

1970—Subsec. (2)(A). Pub. L. 91–341 substituted “Connecticut, Colorado, Utah, New Mexico, Illinois, and Ohio” for “and Connecticut”.

Subsec. (7)(C). Act Aug. 28, 1954, § 401(d), inserted at end “There shall be included in the membership of any agency selected to administer a marketing order applicable to grapefruit for canning or freezing one or more representatives of processors of the commodity specified in such order.”

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1939—Subsecs. (2), (6). Act May 31, 1939, made technical amendment to Act June 3, 1937, § 2, by adding a subsection (m) designation at the end thereof and amended this section by inserting “, other than apples produced in the States of Washington, Oregon, and Idaho,” after “apples” in subsec. (2) and in introductory provisions of subsec. (6).

1992—Subsec. (1). Pub. L. 102–553 inserted at end “In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations.”

Pub. L. 92–233, § 1(1), inserted “and not including potatoes for canning, freezing, or other processing” after “vegetables (not including vegetables, other than asparagus, for canning or freezing”. The amendment served to make permanent the temporary exemption first inserted by Pub. L. 91–196, § 1(1). See 1970 Amendment note and Effective Date of 1970 Amendment note below.

1999—Subsec. (6)(I). Pub. L. 106–78, § 757(a)(2), substituted “Florida Indian River grapefruit, and cranberries” for “and Florida Indian River grapefruit” in first proviso.

Subsec. (6)(I). Pub. L. 100–418, § 4602, substituted “tomatoes, or Florida-grown strawberries,” for “or tomatoes” in first proviso.

Whenever, pursuant to the provisions of this section, the Secretary is required to determine the approval or disapproval of producers with respect to the issuance of any order, or any term or condition thereof, or the termination thereof, the Secretary shall consider the approval or disapproval by any cooperative association of producers, bona fide engaged in marketing the commodity or product thereof covered by such order, or in rendering services for or advancing the interests of the producers of such commodity, as the approval or disapproval of the producers who are members of, stockholders in, or under contract with, such cooperative association of producers.

The Secretary may use rulemaking under section 553 of title 5 to amend orders, other than provisions of orders that directly affect milk prices.

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 processing [1] 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).

Subsec. (2). Act Aug. 5, 1937, amended act June 3, 1937, by adding thereto subsec. (k), which in turn directed the insertion of “and the products of honeybees” after “except the products of naval stores”, which was executed by making the insertion after “except products of naval stores”, to reflect the probable intent of Congress and inserted “, honeybees” after “soybeans”.

Subsec. (14)(B). Pub. L. 101–624, § 1306(2), struck out “(other than a provision calling for payment of a pro rata share of expenses)” before “may be assessed”.

The Naval Stores Act, referred to in subsec. (2)(A), is act Mar. 3, 1923, ch. 217, 42 Stat. 1435, which is classified generally to chapter 4 (§ 91 et seq.) of this title. For complete classification of this Act to the Code, see section 91 of this title and Tables.

Subsec. (6)(I). Pub. L. 92–466, § 1(2), in first proviso, struck out “fresh” before “pears” and inserted at end “and when the handling of any commodity for canning or freezing is regulated, then any such projects may also deal with the commodity or its products in canned or frozen form”.

Amendments by sections 112 and 113 of Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

If the Secretary determines it is necessary to improve or expedite rulemaking under this subsection, the Secretary may impose an assessment on the affected industry to supplement appropriated funds for the procurement of service providers, such as court reporters.

2018—Subsec. (5)(A). Pub. L. 115–334 added third sentence and struck out former third sentence and table which related to minimum aggregate dollar amount of adjustments to prices for milk of the highest use classification under orders that were in effect under this section on Dec. 23, 1985, and fourth sentence which related to adjustment of prices for locations specified in the table at which delivery of such milk was made.

Pub. L. 91–524, title II, § 201(c), Nov. 30, 1970, 84 Stat. 1361, validated and expressly ratified, legalized, and confirmed class I base plan provisions of marketing orders previously issued by the Secretary of Agriculture. For termination of this provision, see Termination of 1970 Amendment note above.

Pub. L. 95–279, title IV, § 401(a), May 15, 1978, 92 Stat. 242, provided that the amendment made by that section is effective Oct. 1, 1978.

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1981—Subsec. (5)(B). Pub. L. 97–98, § 101(a)(1), temporarily added cls. (d) and (e) and struck out former cl. (d) which read as follows: “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.” See Effective and Termination Dates of 1981 Amendment note below.

Subsec. (16)(C). Pub. L. 99–198, § 1662(a)(2), substituted “Except as otherwise provided in this subsection with respect to the termination of an order issued under this section, the termination” for “The termination”.

2001—Subsec. (1). Pub. L. 107–76, which directed insertion of “The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year.” at end of penultimate sentence of section 8c(1) of the Agricultural Marketing Agreement Act of 1937, was executed to this section, which is section 8c(1) of the Agricultural Adjustment Act, to reflect the probable intent of Congress.

1949—Subsecs. (2), (6). Act June 29, 1949, inserted “filberts, almonds,” before “pecans and walnuts” in subsec. (2) and in introductory provisions of subsec. (6).

Pub. L. 91–524, title II, § 201(e), Nov. 30, 1970, 84 Stat. 1361, as amended by Pub. L. 93–86, § 1(2)(A), Aug. 10, 1973, 87 Stat. 222; Pub. L. 95–113, title II, § 201, Sept. 29, 1977, 91 Stat. 919, provided that:

Pub. L. 99–198, title I, § 133, Dec. 23, 1985, 99 Stat. 1373, provided that the amendment made by that section is effective Jan. 1, 1986.

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1983—Subsec. (2)(B). Pub. L. 98–180, § 304(1), substituted “poultry (but not excepting turkeys and not excepting poultry which produce commercial eggs),” for “poultry (but not excepting turkeys), eggs (but not excepting turkey hatching eggs),”.

Pub. L. 101–624, title I, § 116, Nov. 28, 1990, 104 Stat. 3381, required the Secretary of Agriculture to initiate a study to determine whether, and to what extent, milkfat is being produced in the United States in excess of commercial market needs as a result of any provision of law, regulation, or order that affects the manner in which producers receive payment for milk on the basis of the milk components contained in their marketings of milk under any Federal or State milk pricing program, to report to Congress on the study not later than 180 days after Nov. 28, 1990, and to announce a hearing on multiple component pricing provisions in individual Federal milk marketing orders issued under this section.

Subsec. (5)(H), which permitted marketing orders applicable to milk and its products to be limited in application to milk used for manufacturing, was omitted as terminated. See Termination of 1965 Amendment note set out below.

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

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1972—Subsec. (2)(A). Pub. L. 92–466, § 1(1), inserted “pears,” after “canned or frozen” the first time appearing and before “olives,”.

Subsec. (2)(B). Pub. L. 91–196, § 1(2), temporarily inserted “including potatoes for canning, freezing, or other processing,” after “fruits and vegetables for canning or freezing,”. See Effective Date of 1970 Amendment note below.

1965—Subsec. (5)(B). Pub. L. 89–321, § 101, temporarily added cl. (d) and concluding provisions and struck out former cl. (d). See Termination of 1965 Amendments note below.

The Standard Containers Act of 1916 and the Standard Containers Act of 1928, referred to in subsec. (6)(H), are act Aug. 31, 1916, ch. 426, 39 Stat. 673, as amended, and act May 21, 1928, ch. 664, 45 Stat. 685, as amended, respectively, and were repealed by Pub. L. 90–628, § 1(a), (b), Oct. 22, 1968, 82 Stat. 1320.

Pub. L. 101–624, title I, § 104, Nov. 28, 1990, 104 Stat. 3379, required the Secretary of Agriculture to conclude national hearings on possible changes in the pricing provisions of Federal milk marketing orders by Mar. 29, 1990, and to effect any system-wide changes in the Federal orders setting minimum prices that milk processors must pay for Grade A milk received from producers, by Jan. 1, 1992.

1978—Subsec. (6)(I). Pub. L. 95–279 inserted, in first proviso, “raisins,” after “apples,” and “, raisins,” after “with respect to almonds”.