7 U.S.C. § 608B
Section 608b · Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements
Amended 8 times on record
Applied in 25 court decisions — leading case Maryland and Virginia Milk Producers Association Inc v. United States (1960)
Most recently applied in In Re Title Insurance Antitrust Cases (March 2010)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) In order to effectuate the declared policy of this chapter, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, only with respect to such handling 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. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful: Provided, That no such agreement shall remain in force after the termination of this chapter.
(b)(1) If an agreement with the Secretary is in effect with respect to peanuts pursuant to this section—
(A) all peanuts handled by persons who have not entered into such an agreement with the Secretary shall be subject to inspection to the same extent and manner as is required by such agreement;
(B) no such peanuts shall be sold or otherwise disposed of for human consumption if such peanuts fail to meet the quality requirements of such agreement; and
(C) any assessment (except with respect to any assessment for the indemnification of losses on rejected peanuts) imposed under the agreement shall—
(i) apply to peanut handlers (as defined by the Secretary) who have not entered into such an agreement with the Secretary in addition to those handlers who have entered into the agreement; and
(ii) be paid to the Secretary.
(2) Violation of this subsection by a person who has not entered into such an agreement shall result in the assessment by the Secretary of a penalty equal to 140 percent of the support price for quota peanuts multiplied by the quantity of peanuts sold or disposed of in violation of subsection (b)(1)(B) of this section, as determined under section 1445c–3 of this title, for the marketing year for the crop with respect to which such violation occurs.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
The provisions appearing in subsec. (a) of this section except the first sentence, were originally enacted as part of section 8(2) of act May 12, 1933, and formerly appeared as section 608(2) of this title.
Amendments
1993—Subsec. (b)(1)(C). Pub. L. 103–66 added subpar. (C).
1991—Subsec. (b)(2). Pub. L. 102–237 made technical amendment to reference to section 1445c–3 of this title involving corresponding provisions of original Act.
1989—Pub. L. 101–220 designated existing provisions as subsec. (a) and added subsec. (b).
1947—Act June 30, 1947, repealed provisions providing for loans from Reconstruction Finance Corporation.
1935—Act Aug. 24, 1935, designated subsection 2 of section 8 of act May 12, 1933, as section 8b and amended first sentence generally.
1934—Act Apr. 7, 1934, empowered Secretary of Agriculture to enter into marketing agreements with individual producers.
Effective Date of 1989 Amendment
Section 4(c) of Pub. L. 101–220 provided that: “The amendment made by this section [amending this section] shall be effective with respect to the 1990 and subsequent crops of peanuts.”
Validity of Section Affirmed
Act June 3, 1937, affirmed and validated, and reenacted without change the provisions of this section. See note set out under section 601 of this title.
Cross References
Anti-trust laws, see section 1 et seq. of Title 15, Commerce and Trade.
Orders with marketing agreement, see section 608c of this title.
Termination of marketing agreements entered into under this section, see section 608c of this title.