7 U.S.C. § 499b–1: Products produced in…

Summary

If a perishable agricultural product is under a federal marketing order, is known as coming from a specific area, and its special name was promoted with money paid by producers under that order, no one may use that name or place to sell a similar product grown outside that area. Breaking this rule counts as a violation under the Perishable Agricultural Commodities Act. People who bring complaints must repay the Department of Agriculture for enforcement costs. The Secretary of Agriculture cannot raise PACA fees to cover those costs and must write rules to carry out the law.

Title 7, §499b–1

Agriculture, Source: USLM XML via OLRC

(a)In general

In the case of a perishable agricultural commodity (as defined under the Perishable Agricultural Commodity Act (7 U.S.C. 499a(4))—

(1)subject to a Federal marketing order under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.);

(2)traditionally identified as being produced in a distinct geographic area, State, or region; and

(3)the unique identity, based on such distinct geographic area, of which has been promoted with funds collected through producer contributions pursuant to such marketing order,

no person may use the unique name or geographical designation of such commodity to promote the sale of a similar commodity produced outside such area, State, or region.

(b)Penalties

A violation of this section shall be considered a violation of paragraphs (4) and (5) of section 2 of the Perishable Agricultural Commodities Act (7 U.S.C. 499b(4) and (5)).

(c)Reimbursement

A person bringing a complaint under this section shall reimburse the Secretary of Agriculture for any and all costs associated with the enforcement of this section.

(d)Prohibition

The Secretary of Agriculture shall not increase any fees charged under the Perishable Agricultural Commodities Act [7 U.S.C. 499a et seq.] to offset costs associated with the operation of this section.

(e)Regulations

The Secretary shall promulgate regulations to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Perishable Agricultural Commodity Act, and the Perishable Agricultural Commodities Act, referred to in subsecs. (a), (b), and (d), probably mean the Perishable Agricultural Commodities Act, 1930, act

June 10, 1930, ch. 436, 46 Stat. 531, which is classified generally to this chapter (§ 499a et seq.). For complete classification of this Act to the Code, see section 499a(a) of this title and Tables. 7 U.S.C. 499a(4), referred to in subsec. (a), was redesignated 7 U.S.C. 499a(b)(4) by Pub. L. 102–237, title X, § 1011(1)(A), Dec. 13, 1991, 105 Stat. 1898. The Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.), referred to in subsec. (a)(1), is act

June 3, 1937, ch. 296, 50 Stat. 246, which is classified principally to chapter 26A (§ 671 et seq.) of this title. For complete classification of this Act to the Code, see section 674 of this title and Tables. The Agricultural Marketing Agreement Act of 1937 reenacted and amended the Agricultural Adjustment Act, title I of act

May 12, 1933, ch. 25, 48 Stat. 31, as amended, 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. Codification Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Perishable Agricultural Commodities Act, 1930 which comprises this chapter.

§499b–1 Products Produced in Distinct Geographic Areas