7 U.S.C. § 1390: Separability

§1390 Separability

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

Last updated Aug 21, 2026|Official source

Summary

If a court finds any part of this chapter or the way it is used for a person or situation invalid, the rest of the chapter and its use for other people or situations will still stand. Chapter 3B of title 16 is not affected. If a court says a part goes beyond Congress’s power over interstate and foreign commerce, that part will still be valid if Congress can act under the general welfare or some other power. If a marketing-quota rule for one commodity is invalid, quotas for other commodities stay valid. If a referendum rule is invalid in one case, other rules and other cases are not affected.

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.

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.

§1390 Separability

Summary

Title 7, §1390

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata