Title 7AgricultureRelease 119-73

§1390 Separability

Title 7 › Chapter CHAPTER 35— - AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER II— - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part Part F— - Miscellaneous Provisions and Appropriations › Subpart subpart i— - miscellaneous › § 1390

Last updated Apr 6, 2026|Official source

Summary

Says that if any part of the chapter or the way it applies to a person or a situation is found not valid, the rest of the chapter and the rules in chapter 3B of title 16 still stay in effect. If a rule is held beyond Congress’s power to regulate interstate or foreign commerce, it can still be valid under Congress’s power to provide for the general welfare or other powers. If quota rules for one commodity or the use of a referendum for some people are struck down, that does not cancel quota rules for other commodities or the application of other provisions to other people.

Full Legal Text

Title 7, §1390

Agriculture — Source: USLM XML via OLRC

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the application of such provision to other persons or circumstances, and the provisions of chapter 3B of title 16, shall not be affected thereby. Without limiting the generality of the foregoing, if any provision of this chapter should be held not to be within the power of the Congress to regulate interstate and foreign commerce, such provision shall not be held invalid if it is within the power of the Congress to provide for the general welfare or any other power of the Congress. If any provision of this chapter for marketing quotas with respect to any commodity should be held invalid, no provision of this chapter for marketing quotas with respect to any other commodity shall be affected thereby. If the application of any provision for a referendum should be held invalid, the application of other provisions shall not be affected thereby. If by reason of any provision for a referendum the application of any such other provision to any person or circumstance is held invalid, the application of such other provision to other persons or circumstances shall not be affected thereby.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Chapter 3B [§ 590a et seq.] of title 16, referred to in text, was in the original a reference to the Soil Conservation and Domestic Allotment Act.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1390

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73