12 U.S.C. § 1141j

Miscellaneous provisions

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(a) “Cooperative association” defined

As used in this chapter, the term “cooperative association” means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm supplies and/or farm business services: Provided, however, That such associations are operated for the mutual benefit of the members thereof as such producers or purchasers and conform to one or both of the following requirements:

First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; and

Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum.

And in any case to the following:

Third. That the association shall not deal in farm products, farm supplies, and farm business services with or for nonmembers in an amount greater in value than the total amount of such business transacted by it with or for members. All business transacted by any cooperative association for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of member and nonmember business transacted by such association.

(b) Speculation prohibited

It shall be unlawful for the governor, or any officer or employee of the Farm Credit Administration to speculate directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity or product. Any person violating this subdivision shall upon conviction thereof be fined not more than $10,000, or imprisoned not more than ten years, or both.

It shall be unlawful (1) for any cooperative association, stabilization corporation, clearing-house association, or commodity committee, or (2) for any director, officer, employee, or member or person acting on behalf of any such association, corporation, or committee, to which or to whom information has been imparted in confidence by the administration, to disclose such information in violation of any regulation of the administration. Any such association, corporation, or committee, or director, officer, employee, or member thereof, violating this subdivision, shall be fined not more than $5,000, or imprisoned not more than five years, or both.

(d) Separability clause

If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person, circumstance, commodity, or class of transactions with respect to any commodity is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons, circumstances, commodities, and classes of transactions shall not be affected thereby.

(e) Citation of chapter

This chapter may be cited as the “Agricultural Marketing Act.”

(f) “Agricultural commodity” defined

As used in this chapter, the term “agricultural commodity” includes, in addition to other agricultural commodities, crude gum (oleoresin) from a living tree, and the following products as processed by the original producer of the crude gum (oleoresin) from which derived: Gum spirits of turpentine and gum rosin, as defined in section 92 of title 7.

(June 15, 1929, ch. 24, § 15, 46 Stat. 18; Mar. 4, 1931, ch. 520, § 3, 46 Stat. 1550; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, title V, § 55, 48 Stat. 266; June 3, 1935, ch. 164, § 12, 49 Stat. 317; Pub. L. 110–234, title I, § 1610, May 22, 2008, 122 Stat. 1018; Pub. L. 110–246, § 4(a), title I, § 1610, June 18, 2008, 122 Stat. 1664, 1746.)Editorial NotesCodification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Section was formerly classified to section 535 of Title 7, Agriculture.

Amendments

2008—Subsecs. (d) to (g). Pub. L. 110–246, § 1610, redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “The inclusion in any governmental report, bulletin, or other such publication hereafter issued or published of any prediction with respect to cotton prices is 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.”

1935—Subsec. (a). Act June 3, 1935, amended definition of cooperative association and inserted second sentence in par. “Third”.

1933—Subsec. (a). Act June 16, 1933, among other changes, inserted proviso and all subsequent thereto.

1931—Subsec. (g). Act Mar. 4, 1931, added subsec. (g).

Statutory Notes and Related SubsidiariesChange of Name

“The Governor” and “Farm Credit Administration” substituted in text for “any member” and “board”, respectively, and “Governor of the Farm Credit Administration” substituted for “members of the board”, pursuant to Ex. Ord. No. 6084, set out preceding section 2241 of this title.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

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 35 cases (1 in the last 5 years), 1940–2021 · 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). · cites it 2× “The AMA defines the term “cooperative association” as any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in…”

Farmers Reservoir & Irrigation Co. v. McComb, 337 U.S. 755 (1949). · cites it 2× “It did not come to a vote in the House. Its substance was added by the Senate to H.”

Bowie v. Gonzalez, 117 F.2d 11 (1st Cir. 1941). “1550 , 12 U.S.C.A. § 1141j (g), *18 The said Section 15(g) provides that the term “agricultural commodity” includes crude gum from a living tree, and certain specified products as processed by the original producer of the crude gum, such as turpentine and resin.”

John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015). · cites it 2× “'' 12 U.S.C. § 1141j(f); see also 29 C.F.R. § 780.”

Conway Cnty. Farmers Ass'n v. United States, 588 F.2d 592 (8th Cir. 1978). “§ 291 (quantitative requirement in definition of cooperative in Capper-Volstead federal antitrust exemption); (2) 12 U.S.C. § 1141j(a) (quantitative requirement in definition of cooperative for farm credit purposes); (3) 12 U.”

United States v. Mississippi Chem. Corp., 405 U.S. 298 (1972). “18 , as amended, 12 U. S. C. § 1141j. The new Banks paralleled in many ways those already established under the 1916 legislation.”

United States v. Earl G. Talkington, 589 F.2d 415 (9th Cir. 1979). “That Patio Farm Lines was a cooperative association as defined in the Agricultural Marketing Act, 12 U.S.C. § 1141j. 2. That the primary business of Patio was the transportation of the products of its members.”

Agric. Transp. Ass'n of Texas v. Wilbur C. King, 349 F.2d 873 (5th Cir. 1965). “* * * ” 12 U.S.C.A. § 1141j. 8 . § 203: “(b) Nothing in this chapter, * * * shall be construed to include * * * (5) motor vehicles controlled and operated by a cooperative association as defined in the Agricultural Marketing Act.”

Interstate Com. Comm'n v. Rio Grande Growers Coop., a Corp., San Joaquin Valley Growers Coop., Inc., & Stan Anderson, 564 F.2d 848 (9th Cir. 1977). “On June 13, 1974, a judgment was entered against Rio Grande which, among other things, perpetually enjoined and restrained Rio Grande from transporting property without authority from the Interstate Commerce Commission or holding itself out as an agricultural cooperative within…”

United States v. Turner Turpentine Co., 111 F.2d 400 (5th Cir. 1940). “1141j, 12 U.S. C.A. § 1141j(g), providing, “as used in this act [subchapter], the term ‘agricultural commodity’ includes in addition to other agricultural commodities, crude gum (oleoresin) from a living tree, and * * * gum, spirits of turpentine and gum rosin, as defined in the…”

Miller Hatcheries, Inc. v. Boyer, 131 F.2d 283 (8th Cir. 1942). “§ 203 (f) provides: “ ‘Agriculture’ includes farming in all its branches and among other things includes the cultivation and tillage of the soil,, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including…”

Agric. Transp. Ass'n of Texas v. United States, 274 F. Supp. 528 (N.D. Tex. 1967). · cites it 2× “Plaintiff’s principal contention in this court is that the Commission’s conclusion *532 that it was violating the Agricultural Marketing Act, 12 U.S.C.A. § 1141j, was predicated upon arbitrary fact finding and erroneous application of the law in determining that ATA received a…”

Show all 35 citing cases →

— 12 U.S.C. § 1141j(a) — 12 cases

Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010). “The AMA defines the term “cooperative association” as any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in…”

Nw. Agric. Coop. Ass'n, Inc., a Corp. v. Interstate Com. Comm'n, 350 F.2d 252 (9th Cir. 1965).

Newark Gardens, Inc. v. Michigan Potato Indus. Comm'n, 847 F.2d 1201 (6th Cir. 1988).

Bray Lines, Inc. v. United States, 353 F. Supp. 1240 (W.D. Okla. 1973).

— 12 U.S.C. § 1141j(f) — 1 case

John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015). “'' 12 U.S.C. § 1141j(f); see also 29 C.F.R. § 780.”

— 12 U.S.C. § 1141j(g) — 5 cases

John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015). “'' 12 U.S.C. § 1141j(f); see also 29 C.F.R. § 780.”

Rash v. Emp. Div., 737 P.2d 966 (Or. Ct. App. 1987).

Lenhardt Airpark, Inc. v. Emp. Div., 544 P.2d 622 (Or. Ct. App. 1976).

M/V Dake II Co. v. Emp. Div., 552 P.2d 846 (Or. Ct. App. 1976).

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