§8790 — Title 7 Agriculture | U.S. Code

Summary

When the Secretary approves a document under this law and under Title II, the Secretary cannot later say the document is invalid just because the signer lacked authority—unless the signer knowingly and willfully lied about having the authority or forged the signature. The Secretary can still ask the proper person to confirm a document. If benefits are denied because someone didn’t confirm, that denial cannot be applied retroactively to third-party producers who were not the ones who lied, as long as those producers relied in good faith on the earlier approval and followed all program rules.

Title 7, §8790

Agriculture — Source: USLM XML via OLRC

(a)In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature.

(b)(1)Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a).

(2)A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers—

(A)relied on the prior approval by the Secretary of the documents in good faith; and

(B)substantively complied with all program requirements 11 So in original. Probably should be followed by a period.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This title and title II, referred to in subsec. (a), are titles I and II of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, 1753, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of titles I and II to the Code, see Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Enactment 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 a note under section 8701 of this title.

§8790 Signature authority