Title 7AgricultureRelease 119-73

§7958 Miscellaneous provisions

Title 7 › Chapter CHAPTER 106— - COMMODITY PROGRAMS › Subchapter SUBCHAPTER III— - PEANUTS › § 7958

Last updated Apr 6, 2026|Official source

Summary

All peanuts sold in the United States must be officially inspected and graded by Federal or Federal‑State inspectors. The Peanut Administrative Committee that used to run those programs is ended. The Secretary must create a Peanut Standards Board to advise on quality and handling rules for both U.S. and imported peanuts. The Board will have 18 members, split evenly between peanut producers and peanut industry representatives. The Secretary will appoint 3 producer members and 3 industry members from each of three regions: Southeast (Alabama, Georgia, Florida), Southwest (Texas, Oklahoma, New Mexico), and Virginia/Carolina (Virginia, North Carolina, South Carolina). Members serve 3‑year terms. For the first set of appointments, terms are staggered so one producer and one industry member from each region serve 1 year, one serve 2 years, and one serve 3 years. The Secretary must consult the Board before setting or changing standards. The Board is exempt from Chapter 10 of title 5. The Secretary must make finding and fixing all peanut quality concerns a priority when making standards and inspecting peanuts, and must work with other Federal and State agencies to protect against quality problems. Imported peanuts must meet the same standards as domestic peanuts. Money needed to carry out these rules may be appropriated. Board expenses generally do not count against any broad advisory‑committee spending limits unless a law specifically names the Board. During the transition starting May 13, 2002, current Peanut Administrative Committee members may be named to the new Board and their funds moved over; the transition ends when new members are appointed or 180 days after May 13, 2002, whichever is earlier. These rules take effect with the 2002 peanut crop.

Full Legal Text

Title 7, §7958

Agriculture — Source: USLM XML via OLRC

(a)All peanuts marketed in the United States shall be officially inspected and graded by Federal or Federal-State inspectors.
(b)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.
(c)(1)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.
(2)(A)The Board shall consist of 18 members, with representation equally divided between peanut producers and peanut industry representatives.
(B)The Secretary shall appoint—
(i)3 producers from the Southeast (Alabama, Georgia, and Florida) peanut producing region;
(ii)3 producers from the Southwest (Texas, Oklahoma, and New Mexico) peanut producing region; and
(iii)3 producers from the Virginia/Carolina (Virginia, North Carolina, and South Carolina) peanut producing region.
(C)The Secretary shall appoint 3 peanut industry representatives from each of the 3 peanut producing regions in the United States.
(3)(A)A member of the Board shall serve a 3-year term.
(B)In making the initial appointments to the Board, the Secretary shall stagger the terms of the members so that—
(i)1 producer member and peanut industry member from each peanut producing region serves a 1-year term;
(ii)1 producer member and peanut industry member from each peanut producing region serves a 2-year term; and
(iii)1 producer member and peanut industry member from each peanut producing region serves a 3-year term.
(4)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.
(5)Chapter 10 of title 5 shall not apply to the Board.
(d)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.
(e)Imported peanuts shall be subject to the same quality and handling standards as apply to domestically produced peanuts.
(f)(1)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.
(2)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.
(g)(1)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.
(2)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.
(3)In paragraph (1), the term “transition period” means the period beginning on May 13, 2002, and ending on the earlier of—
(A)the date the Secretary appoints the members of the Peanut Standards Board pursuant to subsection (c); or
(B)180 days after May 13, 2002.
(h)This section shall take effect with the 2002 crop of peanuts.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The 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.

Amendments

Subsec. (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”.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7958

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73