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Title 7, AgricultureRelease 119-110

§1291 Adjustments in Freight Rates

Title 7 › CHAPTER 35 — AGRICULTURAL ADJUSTMENT ACT OF 1938 › SUBCHAPTER I — ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS, AND DISPOSITION OF SURPLUSES › § 1291

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Agriculture can file complaints with the Surface Transportation Board about rates, charges, tariffs, or practices for moving farm products and can press those cases before the Board. If someone else files a complaint, the Board must tell the Secretary and let the Secretary appear and speak if asked. If the matter affects the public interest and the Secretary asks, the Board must add the Secretary as an official party, with the right to appeal; the Secretary’s legal liability is limited to court costs. The Board may use the Department of Agriculture’s records and services. The Secretary may also help farmer cooperative groups that want to complain to the Board.

Full Legal Text

Title 7, §1291

Agriculture, Source: USLM XML via OLRC

(a)Complaints by Secretary of Agriculture; notice of hearings
The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.
(b)Secretary as party to proceedings
If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board’s determination. The liability of the Secretary in any such case shall extend only to liability for court costs.
(c)Utilization of records, services, etc., of Department of Agriculture
For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.
(d)Cooperation with complaining farm associations
The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” in subsecs. (a), (c), and (d), “Board” for “Commission” wherever appearing in subsecs. (a) and (b), and “Board’s” for “Commission’s” in subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an

Effective Date

note under section 1301 of Title 49, Transportation.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1291

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110