U.S. Code » Title 12 » Chapter CHAPTER 7A— AGRICULTURAL MARKETING

12 U.S.C. § 1141

Declaration of policy; effective merchandising of agricultural commodities; speculation; cooperative marketing; surpluses; administration of chapter

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(a) It is declared to be the policy of Congress to promote the effective merchandising of agricultural commodities in interstate and foreign commerce so that the industry of agriculture will be placed on a basis of economic equality with other industries, and to that end to protect, control, and stabilize the currents of interstate and foreign commerce in the marketing of agricultural commodities and their food products—(1) by minimizing speculation.(2) by preventing inefficient and wasteful methods of distribution.(3) by encouraging the organization of producers into effective associations or corporations under their own control for greater unity of effort in marketing and by promoting the establishment and financing of a farm marketing system of producer-owned and producer-controlled cooperative associations and other agencies.(4) by aiding in preventing and controlling surpluses in any agricultural commodity, through orderly production and distribution, so as to maintain advantageous domestic markets and prevent such surpluses from causing undue and excessive fluctuations or depressions in prices for the commodity.(b) There shall be considered as a surplus for the purposes of this chapter any seasonal or year’s total surplus, produced in the United States and either local or national in extent, that is in excess of the requirements for the orderly distribution of the agricultural commodity or is in excess of the domestic requirements for such commodity.(c) The Farm Credit Administration shall execute the powers vested in it by this chapter only in such manner as will, in the judgment of the administration, aid to the fullest practicable extent in carrying out the policy above declared.(June 15, 1929, ch. 24, § 1, 46 Stat. 11; Ex. Ord. No. 6084, Mar. 27, 1933.)Editorial NotesCodification

Section was formerly classified to section 521 of Title 7, Agriculture.

Statutory Notes and Related SubsidiariesChange of Name

“Farm Credit Administration” and “administration” substituted in text for “Federal Farm Loan Board” and “board”, respectively, pursuant to Ex. Ord. No. 6084, set out preceding section 2241 of this title.

Short Title

For short title of this chapter as the Agricultural Marketing Act, see section 1141j(e) of this title.

Transfer of Functions

Establishment of Farm Credit Administration as an independent agency, composition of Farm Credit Administration, appointment of Governor of Farm Credit Administration and duties thereof, including duty to perform functions, etc., of Farm Credit Administration, see section 2241 et seq. of this title.

Executive DocumentsExceptions From Transfer of Functions

Functions of Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

Notes of Decisions
Cited in 25 cases, 1933–2010 · leading case: Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010).
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Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010). “12 U.S.C. § 1141 (a)(3); see Fairdale Farms, Inc.”
Hiatt Grain & Feed, Inc. v. Bergland, 446 F. Supp. 457 (D. Kan. 1978). · cites it 2× “This action seems to the Court to be consonant with the goals set forth in 12 U.S.C. § 1141 (a)(3), which states that it is the policy of Congress to promote the effective merchandising of agricultural commodities, both at home and abroad, by encouraging the organization of…”
Brannan v. Stark, 342 U.S. 451 (1952). · cites it 2× “11 , 12 U. S. C. § 1141 . A declared policy of this Act was to encourage the organization and operation of farmer cooperative associations.”
Bd. of Trade of City of Chicago v. Wallace, 67 F.2d 402 (7th Cir. 1933). · cites it 3× “[see 12USCA § 1141 et seq.]), evidently recognized Farmers National as a lawful and proper agency for carrying out the purposes of the act hy advancing to it many millions of dollars of public funds wherewith it might carry on upon a scale so large that an aggregation of…”
United States v. Mississippi Chem. Corp., 405 U.S. 298 (1972). “18 , as amended, 12 U. S. C. § 1141 j, and thus qualify for membership in one of the 12 “Banks for Cooperatives” (hereinafter Bank(s)) established by the Farm Credit Act of 1933, 48 Stat.”
Agric. Transp. Ass'n of Texas v. United States, 274 F. Supp. 528 (N.D. Tex. 1967). · cites it 3× “The Commission’s order was issued in accordance with a finding by a hearing examiner that plaintiff was not a “cooperative association”, as defined by the Agricultural Marketing Act of 1929, as amended, Title 12 U.S.C.A. §§ 1141 and 1141j, and was not entitled to the cooperative…”
Bowles v. Inland Empire Dairy Ass'n, 53 F. Supp. 210 (E.D. Wash. 1943). · cites it 2× “It was contained in the Agricultural Marketing Act of 1929, 12 U.S.C.A. § 1141 et seq., the Farm Credit Act of 1933, 12 U.”
Interstate Com. Comm'n v. Jamestown Farmers Union Federated Co-op. Transp. Ass'n, 151 F.2d 403 (8th Cir. 1945). · cites it 2× “The expressed purpose of the Agricultural Marketing Act, 12 U.S.C.A. § 1141 , is: *405 “* * * to promote the effective merchandising of agricultural commodities in interstate and foreign commerce, so that the industry of agriculture will be placed on a basis of economic equality…”
Cecelia Packing Corp. v. United States Dep't of Agric./Agric. Mktg. Serv., 10 F.3d 616 (9th Cir. 1993). · cites it 2× “In the Agricultural Marketing Act, 12 U.S.C. § 1141 (enacted 1929), Congress declared: It is declared to be the policy of Congress to promote the effective merchandising of agricultural commodities in interstate and foreign commerce, so that the industry of agriculture will be…”
Usery v. Tamiami Trail Tours, Inc., 531 F.2d 224 (5th Cir. 1976). “2d 873 , we sent to the ICC for initial determination the serious and far-reaching question of law concerning the interpretation and application of the Transportation Act and the interplay of the Agricultural Marketing Act, 12 U.S.C.A. § 1141 et seq. 365 F.2d at 498 .”
Nw. Agric. Coop. Ass'n, Inc., a Corp. v. Interstate Com. Comm'n, 350 F.2d 252 (9th Cir. 1965). “12 U.S.C.A. § 1141 (a) provides: “It is declared to be the policy of Congress to promote the effective merchandising of agricultural commodities * * * (3) by encouraging the organization of producers into effective associations or corporations under their own control for greater…”
Gray v. Commodity Credit Corp., 63 F. Supp. 386 (S.D. Cal. 1945). “11 Shall it be said that an agency of the Government, endeavoring to insure a bountiful supply of an essential food, is more restricted in the exercise of its war powers than the Secretary of Agriculture, acting with an advisory committee, is under the Agricultural Marketing…”
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