Title 12Banks and BankingRelease 119-73not60

§1141j Miscellaneous Provisions

Title 12 › Chapter 7A— AGRICULTURAL MARKETING › § 1141j

Last updated Apr 3, 2026|Official source

Summary

Defines what a cooperative association is and sets rules for cooperatives, Farm Credit Administration officials, and others who get confidential information. A cooperative association means farmers working together on things like processing, marketing, buying supplies, testing, grading, and providing farm services. The group must operate for members’ benefit and must either give each member only one vote or limit dividends on stock to no more than 8% per year. The coop also must not do more business with nonmembers than with members. Any business done for the United States or its agencies is not counted when comparing member and nonmember business. It is illegal for the governor or any officer or employee of the Farm Credit Administration to speculate in agricultural commodities, related contracts, or in stock/membership interests of companies that handle those commodities. Violation can bring up to a $10,000 fine, up to ten years in prison, or both. It is also illegal for cooperatives, stabilization corporations, clearing-house associations, commodity committees, or their officers or members to reveal confidential information given by the Administration. That violation can bring up to a $5,000 fine, up to five years in prison, or both. If any part of the law is found invalid, the rest stays in effect. The chapter is called the "Agricultural Marketing Act." The term "agricultural commodity" also includes crude gum (oleoresin) from a living tree and, when processed by the original producer, gum spirits of turpentine and gum rosin (see section 92 of title 7).

Full Legal Text

Title 12, §1141j

Banks and Banking — Source: USLM XML via OLRC

(a)As used in this chapter, the term “cooperative association” means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm supplies and/or farm business services: Provided, however, That such associations are operated for the mutual benefit of the members thereof as such producers or purchasers and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; and Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in farm products, farm supplies, and farm business services with or for nonmembers in an amount greater in value than the total amount of such business transacted by it with or for members. All business transacted by any cooperative association for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of member and nonmember business transacted by such association.
(b)It shall be unlawful for the governor, or any officer or employee of the Farm Credit Administration to speculate directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity or product. Any person violating this subdivision shall upon conviction thereof be fined not more than $10,000, or imprisoned not more than ten years, or both.
(c)It shall be unlawful (1) for any cooperative association, stabilization corporation, clearing-house association, or commodity committee, or (2) for any director, officer, employee, or member or person acting on behalf of any such association, corporation, or committee, to which or to whom information has been imparted in confidence by the administration, to disclose such information in violation of any regulation of the administration. Any such association, corporation, or committee, or director, officer, employee, or member thereof, violating this subdivision, shall be fined not more than $5,000, or imprisoned not more than five years, or both.
(d)If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person, circumstance, commodity, or class of transactions with respect to any commodity is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons, circumstances, commodities, and classes of transactions shall not be affected thereby.
(e)This chapter may be cited as the “Agricultural Marketing Act.”
(f)As used in this chapter, the term “agricultural commodity” includes, in addition to other agricultural commodities, crude gum (oleoresin) from a living tree, and the following products as processed by the original producer of the crude gum (oleoresin) from which derived: Gum spirits of turpentine and gum rosin, as defined in section 92 of title 7.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification 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. Section was formerly classified to section 535 of Title 7, Agriculture.

Amendments

2008—Subsecs. (d) to (g). Pub. L. 110–246, § 1610, redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “The inclusion in any governmental report, bulletin, or other such publication hereafter issued or published of any prediction with respect to cotton prices is prohibited. Any officer or employee of the United States who authorizes or is responsible for the inclusion in any such report, bulletin, or other publication of any such prediction, or who knowingly causes the issuance or publication of any such report, bulletin, or other publication containing any such prediction, shall, upon conviction thereof, be fined not less than $500 or more than $5,000, or imprisoned for not more than five years, or both: Provided, That this subdivision shall not apply to the Governor of the Farm Credit Administration when engaged in the performance of his duties herein provided.” 1935—Subsec. (a). Act
June 3, 1935, amended definition of cooperative association and inserted second sentence in par. “Third”. 1933—Subsec. (a). Act
June 16, 1933, among other changes, inserted proviso and all subsequent thereto. 1931—Subsec. (g). Act Mar. 4, 1931, added subsec. (g).

Statutory Notes and Related Subsidiaries

Change of Name

“The Governor” and “Farm Credit Administration” substituted in text for “any member” and “board”, respectively, and “Governor of the Farm Credit Administration” substituted for “members of the board”, pursuant to Ex. Ord. No. 6084, set out preceding section 2241 of this title.

Effective Date

of 2008 AmendmentAmendment 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 Title 7, Agriculture.

Transfer of Functions

Establishment of Farm Credit Administration as an independent agency, composition of Farm Credit Administration, appointment of Governor of Farm Credit Administration, and duties thereof, including duty to perform functions, etc., of Farm Credit Administration, see section 2241 et seq of this title.

Executive Documents

Exceptions From

Transfer of Functions

Functions of Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1141j

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60