FARMER-TO-CONSUMER DIRECT MARKETING 1 ACT OF 1976 1 (7 U.S.C. 3001-3006) To encourage the direct marketing of agricultural commodities from farmers to consumers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Farmer-to-Consumer Direct Marketing Act of 1976”. PURPOSE SEC. 2. It is the purpose of this Act to promote, through appropriate means and on an economically sustainable basis, the development and expansion of direct marketing of agricultural commodities from farmers to consumers. To accomplish this objective, the Secretary of Agriculture (hereinafter referred to as the "Secretary") shall initiate and coordinate a program designed to facilitate direct marketing from farmers to consumers for the mutual benefit of consumers and farmers. (7 U.S.C. 3001.) DEFINITION SEC. 3. For purposes of this Act, the term "direct marketing from farmers to consumers" shall mean the marketing of agricultural commodities at any marketplace (including, but not limited to, roadside stands, city markets, and vehicles used for house-to-house marketing of agricultural commodities) established and maintained for the purpose of enabling farmers to sell (either individually or through a farmers' organization directly representing the farmers who produced the commodities being sold) their agricultural commodities directly to individual consumers, or organizations representing consumers, in a manner calculated to lower the cost and increase the quality of food to such consumers while providing increased financial returns to the farmers. (7 U.S.C. 3002.) SURVEY SEC. 4. The Secretary shall provide, through the Economic Research Service of the United States Department of Agriculture, or whatever agency or agencies the Secretary considers appropriate, a continuing survey of existing methods of direct marketing from farmers to consumers in each State. The initial survey, which shall be completed no later than one year following the date of enactment of this Act, shall include the number of types of such marketing methods in existence, the 1 Pub. L. 94-463, approved October 8,1976, 90 Stat. 1982-1984. volume of business conducted through each such marketing method, and the impact of such marketing methods upon financial returns to farmers (including their impact upon improving the economic viability of small farmers) and food quality and costs to consumers. (7 U.S.C. 3003.) DIRECT MARKETING ASSISTANCE WITHIN THE STATES SEC. 5. (a) In order to promote the establishment and operation of direct marketing from farmers to consumers, the Secretary shall provide that funds appropriated to carry out this section be utilized by State departments of agriculture and the Extension Service of the United States Department of Agriculture for the purpose of conducting or facilitating activities which will initiate, encourage, develop, or coordinate methods of direct marketing from farmers to consumers within or among the States. Such funds shall be allocated to a State on the basis of the feasibility of direct marketing from farmers to consumers within_that State as compared to other States and shall be allocated within a State to the State department of agriculture and to the Extension Service on the basis of the types of activities which are needed in the State and on the basis of which of these two agencies, or combination thereof, can best perform these activities. The activities shall include, but shall not be limited to (1) sponsoring conferences which are designed to facilitate the sharing of information (among farm producers, consumers, and other interested persons or groups) concerning the establishment and operation of direct marketing from farmers to consumers; (2) compiling laws and regulations relevant to the conduct of the various methods of such direct marketing within the State, formulating drafts of enabling legislation needed to facilitate such direct marketing, determining feasible locations for additional facilities for such direct marketing, and preparing and disseminating practical information on the establishment and operation of such direct marketing; and (3) providing technical assistance for the purpose of aiding interested individuals or groups in the establishment of arrangements for direct marketing from farmers to consumers. (b) In the implementation of this section, the Secretary shall take into account consumer preferences and needs which may bear upon the establishment and operation of arrangements for direct marketing from farmers to consumers. (7 U.S.C. 3004.) ANNUAL REPORT SEC. 6. The Secretary shall periodically review the activities carried out under this Act and shall report to the Committee on Agriculture, United States House of Representatives, and the Committee on Agriculture and Forestry, United States Senate, within one year of the date of enactment of this Act, and annually thereafter, with respect to the effectiveness of this Act. The Secretary shall include in such report a State-by-State summary of the results of the survey conducted under this Act, and a summary of the activities and accomplishments of the Extension Service and the State departments of agriculture in the de velopment of direct marketing from farmers to consumers during the previous year. (7 U.S.C. 3005.) AUTHORIZATION OF APPROPRIATIONS SEC. 7. (a) For purposes of carrying out the provisions of sections 4 and 6, there are authorized to be appropriated such sums as are necessary. (b) For purposes of carrying out the provisions of section 5, there is authorized to be appropriated $1,500,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978. (7 U.S.C. 3006.) EMERGENCY HAY PROGRAM 3 SEC. 8. In carrying out any emergency hay program for farmers or ranchers in any area of the United States under section 305 of the Disaster Relief Act of 1974 because of an emergency or major disaster in such area, the President shall direct the Secretary of Agriculture to pay 80 percent of the cost of transporting hay (not to exceed $50 per ton) from areas in which hay is in plentiful supply to the area in which such farmers or ranchers are located. The provisions of this section shall expire on October 1, 1977, and shall become effective on October 1, 1976, or on the date of enactment of this Act, whichever is later. (45 U.S.C. 5145.) 2 Authority for the Farmer-to-Consumer Direct Marketing Act of 1976 expired September 30. 1978. 3 Emergency Hay Program was administered by the Agricultural Stabilization and Conservation Service, USDA. Subpart B. Cotton AGRICULTURAL MARKETING ACT (OF 1929) (12 U.S.C. 1141j(d)) 1 (Section 15 (d)) 1 GOVERNMENTAL PUBLICATIONS; PREDICTIONS AS TO COTTON (d) That the inclusion in any governmental report, bulletin, or other such publication hereafter issued or published of any prediction with respect to cotton prices is hereby 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.2 (12 U.S.C. 1141j(d).) COTTON FUTURES PROVISIONS OF INTERNAL REVENUE CODE OF 1954 3 CHAPTER 61-INFORMATION AND RETURNS Sec. 6001. Notice Or Regulations Requiring Records, Statements, and Special Returns Every person liable, for any tax imposed by this title, or for the collection thereof, shall keep such records, render such statements, make such returns, and comply with such rules and regulations as the Secretary may from time to time prescribe. Whenever in the judgment of the Secretary it is necessary, he may require any person, by notice served upon such person or by regulations, to make such returns, render such statements, or keep such records, as the Secretary deems sufficient to show whether or not such person is liable for tax under this title. (26 U.S.C. 6001.) 1 Section 15(d) of Agricultural Marketing Act (of 1929), 46 Stat. 19. 4 2 Proviso as enacted provided "That this subdivision shall not apply to the members of the board [Federal Farm Board] when engaged in the performance of their duties herein provided." By Ex. Ord. No. 6084, March 27, 1933, the offices of the members, except the chairman, of the Federal Farm Board were abolished, the name of such Board was changed to the Farm Credit Administration, and the name of the office of chairman was changed to Governor of the Farm Credit Administration, who was vested with all the powers and duties of the Federal Farm Board. See note preceding 12 U.S.C. 636. 3 From the Act of August 16, 1954, 68A Stat. 580, which superseded the similar provisions of the Internal Revenue Code of 1939 which were derived from the United States Cotton Futures Act (approved August 11, 1916) and related laws. Subchapter D of Chapter 39 was repealed by Pub. L. 94-455. approved Oct. 4, 1976, and recodified at 7 U.S.C. 15b. Pub. L. 94-455, 90 Stat. 1834, struck out "or his delegate" following "Secretary" wherever appearing. |