to prohibit (A) the issuance of general statements based upon the reports of a number of parties to a marketing agreement or of handlers subject to an order, which statements do not identify the information furnished by any person, or (B) the publication by direction of the Secretary of the name of any person violating any marketing agreement or any order, together with a statement of the particular provisions of the marketing agreement or order violated by such person. Any such officer or employee violating the provisions of this section shall upon conviction be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and shall be removed from office. (7 U.S.C. 608.)]

(g) Section 8e; (relating to determination of base period) 42

RESTRICTIONS ON IMPORTED COMMODITIES

[SEC. 8e. Notwithstanding any other provision of law, whenever a marketing order issued by the Secretary of Agriculture pursuant to section 8c of this Act contains any terms or conditions regulating the grade, size, quality, or maturity of tomatoes, raisin, olives (other than Spanish-style green olives, prunes, avocados, mangoes, limes, grapefruit, green peppers, Irish potatoes, cucumbers, oranges, onions, walnuts, dates, filberts, or eggplants produced in the United States the importation into the United States of any such commodity, other than dates for processing, during the period of time such order is in effect shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of such other or comparable restrictions promulgated hereunder: Provided, That this prohibition shall not apply to such commodities when shipped into continental United States from the Commonwealth of Puerto Rico or any Territory or possession of the United States where this Act has force and effect: Provided further, That whenever two or more marketing orders regulating the same agricultural commodity produced in different areas of the United States are concurrently in effect, the importation into the United States of any such commodity, other than dates for processing, shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of the order which, as determined by the Secretary of Agriculture, regulates the commodity produced in the area with which the imported commodity is in most direct competition. Such prohibition shall not become effective until after the giving of such notice as the Secretary of Agriculture determines reasonable, which shall not be less than three days. In determining the amount of notice that is reasonable in the case of tomatoes the Secretary of Agriculture shall give due consideration to the time required for their transportation and entry into the United States after

The original provisions of this section were repealed by Sec. 302 of the Agricultural Act of 1948 (July 3, 1948, 62 Stat. 1258). The language shown below in brackets was substituted for the previous provisions by Sec. 141 of the Agricultural Act of 1961, P.L. 87-128, Aug. 8, 1961, 76 Stat 345.

The words beginning with "raisins" and ending with "prunes" were added by Pub. L. 91-670, 84 Stat. 2047, approved January 11, 1971.

The word "filberts" added by Sec. 1006 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 951, Sept. 29, 1977.

picking. Whenever the Secretary of Agriculture finds that the application of the restrictions under a marketing order to an imported commodity is not practicable because of variations in characteristics between the domestic and imported commodity he shall establish with respect to the imported commodity, other than dates for processing, such grade, size, quality, and maturity

estrictions by varieties, types, or other classifications as he finds will equivalent or comparable to those imposed upon the domestic comodity under such order. The Secretary of Agriculture may promulate such rules and regulations as he deems necessary, to carry out e provisions of this section. Any person who violates any provision this section or of any rule, regulation, or order promulgated hereder shall be subject to a forfeiture in the amount prescribed in secon 8a (5) or, upon conviction, a penalty in the amount prescribed in ction 8c (14) of the Act, or to both such forfeiture and penalty." U.S.C. 608e-1.)]

(h) Section 10(a), (b)(2), (c), (f), (g), (h), and (i) (miscelneous provisions);

MISCELLANEOUS

[SEC. 10. (a) The Secretary of Agriculture may appoint such offiTs and employees, subject to the provisions of the Classification Act 1949 45 and Acts amendatory thereof, and such experts as are necesry to execute the functions vested in him by this title; (and the Secrey may make such appointments without regard to the civil service ws or regulations: Provided, That no salary in excess of $10,000 per num shall be paid to any officer, employee, or expert of the Agriculral Adjustment Administration, which the Secretary shall establish the Department of Agriculture for the administration of the funcns vested in him by this title): 46 And provided further, That the ate Administrator appointed to administer this Act in each State all be appointed by the President, by and with the advice and cont of the Senate. Title III of the Act entitled "An Act to maintain credit of the United States Government", approved March 30, 33, to the extent that it provides for the impoundment of approprians on account of reductions in compensation, shall not operate to quire such impoundments under appropriations contained in this

t.

(b) (1) The Secretary of Agriculture is authorized to establish, for the more effective administration of the functions vested in him by this title, State and local committees, or associations of producers, and to permit cooperative associations of producers, when in his judgment they are qualified to do so, to act as agents of their members and patrons in connection with the distribution of payments authorized to be made under section 8. The Secretary, in the administration of this title shall accord such recognition and encouragement to producer-owned and producer-controlled cooperative associations as will be in harmony with the policy toward cooperative associations set forth in existing Acts of Congress, and as will tend to promote efficient methods of marketing and distribution.

(2) (i) Each order relating to milk and its products issued by the Secretary under this title shall provide that each handler subject thereto shall pay to any authority or agency established under such order such handler's pro rata share (as approved by the Secretary) of such expenses as the Sec

See footnote 41.

"1949" substituted for "1923" by the Act of October 28, 1949, 63 Stat. 972. Parentheses supplied. The material therein is obsolete but was not repealed. See after 7 U.S.C. 610.

Food and Agriculture Act of 1977

FAMILY FARMS

SEC. 102. (a) Congress hereby specifically reaffirms the historical policy of the United States to foster and encourage the family farm system of agriculture in this country. Congress firmly believes that the maintenance of the family farm system of agriculture is essential to the social well-being of the Nation and the competitive production of adequate supplies of food and fiber. Congress further believes that any significant expansion of nonfamily owned large-scale corporate farming enterprises will be detrimental to the national welfare. It is neither the policy nor the intent of Congress that agricultural and agriculture-related programs be administered exclusively for family farm operations, but it is the policy and the express intent of Congress that no such program be administered in a manner that will place the family farm operation at an unfair economic disadvantage.

(b) In order that Congress may be better informed regarding the status of the family farm system of agriculture in the United States, the Secretary of Agriculture shall submit to Congress, not later than July 1 of each year, a written report containing current information on trends in family farm operations and comprehensive national and State-by-State data on nonfamily farm operations in the United States. The Secretary shall also include in each such report (1) information on how existing agricultural and agriculture-related programs are being administered to enhance and strengthen the family farm system of agriculture in the United States, (2) an assessment of how Federal laws may encourage the growth of nonfamily farm operations, and (3) such other information as the Secretary deems appropriate or determines would aid Congress in protecting, preserving, and strengthening the family farm system of agriculture in the United States. (7 U.S.C. 2266.)

STUDY ON PROHIBITING PAYMENTS TO CERTAIN

LEGAL ENTITIES

SEC. 103.5 In furtherance of the policy stated in section 102 of this Act, the Secretary of Agriculture shall conduct a study and report to Congress no later than January 1, 1979, on the impact on participation in the wheat, feed grain, cotton, and rice programs and the production of such commodities in carrying out a statutory provision such as that included in the Food and Agriculture Act of 1977, as passed by the Senate on May 24, 1977, prohibiting the making of payments to certain corporations and other entities under such programs. The study shall, in addition, assess the impact of extending the prohibition against making commodity program payments to tenants on land owned by such corporations and other entities which would be excluded from payments under such a provision. The study shall utilize, to the greatest extent possible, the information on com

'P.L. 95-113, 91 Stat. 918, Sept. 29, 1977. 'P.L. 95-113, 91 Stat. 919, Sept. 29, 1977.