U.S. Code » Title 7 » Chapter CHAPTER 26— AGRICULTURAL ADJUSTMENT › Subchapter SUBCHAPTER I— DECLARATION OF CONDITIONS AND POLICY

7 U.S.C. § 602

Declaration of policy; establishment of price basing period; marketing standards; orderly supply flow; circumstances for continued regulation

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It is declared to be the policy of Congress—(1) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for agricultural commodities in interstate commerce as will establish, as the prices to farmers, parity prices as defined by section 1301(a)(1) of this title.(2) To protect the interest of the consumer by (a) approaching the level of prices which it is declared to be the policy of Congress to establish in subsection (1) of this section by gradual correction of the current level at as rapid a rate as the Secretary of Agriculture deems to be in the public interest and feasible in view of the current consumptive demand in domestic and foreign markets, and (b) authorizing no action under this chapter which has for its purpose the maintenance of prices to farmers above the level which it is declared to be the policy of Congress to establish in subsection (1) of this section.(3) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such production research, marketing research, and development projects provided in section 608c(6)(I) of this title, such container and pack requirements provided in section 608c(6)(H) of this title 11 So in original. Probably should be followed by a comma. such minimum standards of quality and maturity and such grading and inspection requirements for agricultural commodities enumerated in section 608c (2) of this title, other than milk and its products, in interstate commerce as will effectuate such orderly marketing of such agricultural commodities as will be in the public interest.(4) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for any agricultural commodity enumerated in section 608c(2) of this title as will provide, in the interests of producers and consumers, an orderly flow of the supply thereof to market throughout its normal marketing season to avoid unreasonable fluctuations in supplies and prices.(5) Through the exercise of the power conferred upon the Secretary of Agriculture under this chapter, to continue for the remainder of any marketing season or marketing year, such regulation pursuant to any order as will tend to avoid a disruption of the orderly marketing of any commodity and be in the public interest, if the regulation of such commodity under such order has been initiated during such marketing season or marketing year on the basis of its need to effectuate the policy of this chapter.(May 12, 1933, ch. 25, title I, § 2, 48 Stat. 32; Aug. 24, 1935, ch. 641, §§ 1, 62, 49 Stat. 750, 782; June 3, 1937, ch. 296, §§ 1, 2(b), 50 Stat. 246, 247; Aug. 1, 1947, ch. 425, § 1, 61 Stat. 707; July 3, 1948, ch. 827, title III, § 302(a), 62 Stat. 1257; Aug. 28, 1954, ch. 1041, title IV, § 401(a), 68 Stat. 906; Pub. L. 87–128, title I, § 141(1), Aug. 8, 1961, 75 Stat. 303; Pub. L. 89–330, § 1(a), Nov. 8, 1965, 79 Stat. 1270; Pub. L. 91–292, § 1(1), June 25, 1970, 84 Stat. 333.)Editorial NotesAmendments

1970—Subsec. (3). Pub. L. 91–292 inserted authority to establish and maintain the production research, marketing research, and development projects provided in section 608c(6)(I) of this title.

1965—Subsec. (3). Pub. L. 89–330 inserted “such container and pack requirements provided in section 608c(6)(H) of this title”.

1961—Subsec. (5). Pub. L. 87–128 added subsec. (5).

1954—Subsec. (4). Act Aug. 28, 1954, added subsec. (4).

1948—Subsec. (1). Act July 3, 1948, made definition of “parity” conform to definition stated in section 1301(a)(1) of this title.

1947—Subsec. (3). Act Aug. 1, 1947, added subsec. (3).

1937—Act June 3, 1937, inserted “orderly marketing conditions for agricultural commodities in interstate commerce as will establish” before “as the prices to farmers”.

1935—Subsec. (1). Act Aug. 24, 1935, ch. 641, § 1, amended first sentence and act Aug. 24, 1935, ch. 641, § 62, amended second and third sentences.

Subsec. (2). Act Aug. 24, 1935, amended subsec. (2).

Statutory Notes and Related SubsidiariesEffective Date of 1948 Amendment

Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title.

Validity of Section Affirmed

Act June 3, 1937, ch. 296, § 1, 50 Stat. 246, affirmed and validated, and reenacted without change the provisions of this section except for the amendment to subsec. (1) by section 2 of said act. See note set out under section 601 of this title.

Notes of Decisions
Cited in 98 cases, 1934–2019 · leading case: Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132 (1963).
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Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132 (1963). · cites it 6× “as will effectuate such orderly marketing of such agricultural commodities as will be in the public interest," § 2 (3), 7 U. S. C. § 602 (3). Whenever he finds that it would promote these declared policies, the Secretary is empowered upon notice and hearing to adopt federal…”
Cmty. Nutrition Inst. v. John R. Block, Sec'y, United States Dep't of Agric., 698 F.2d 1239 (D.C. Cir. 1983). · cites it 4× “7 U.S.C. § 602 (2) (1976). . 7 U.S.C. § 602 (4) (1976).”
Arkansas Dairy Coop. Ass'n v. United States Dep't of Agric., 573 F.3d 815 (D.C. Cir. 2009). · cites it 2× “2450 ; see also 7 U.S.C. § 602 (declaration of statutory policy).”
Horne v. Dep't of Agric., 135 S. Ct. 2419 (2015). · cites it 2× “55 (2015); 7 U. S. C. §602 (1). And any such enhancement matters.”
Block v. Cmty. Nutrition Inst., 467 U.S. 340 (1984). “See 7 U. S. C. §§ 602 (2), (4). But the preclusion issue does not only turn on whether the interests of a particular class like consumers are implicated.”
Zuber v. Allen, 396 U.S. 168 (1970). · cites it 2× “Those policies are specifically set forth, 7 U. S. C. § 602 , and in general provide that orders should establish and maintain orderly marketing conditions *209 and parity prices for milk producers.”
Carlin v. DairyAmerica, Inc., 705 F.3d 856 (9th Cir. 2012). · cites it 2× “As stated in 7 U.S.C. § 602 : It is declared to be the policy of Congress— (1) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for agricultural commodities in…”
Lion Raisins, Inc. v. United States, 416 F.3d 1356 (Fed. Cir. 2005). “The AMAA was originally enacted during the Depression, with the objective of helping farmers obtain a fair value for their agricultural products.”
Horne v. Dep't of Agric., 133 S. Ct. 2053 (2013). “246 , as amended, 7 U.S.C. § 602 (4). To achieve this goal, Congress declared a national policy of stabilizing prices for agricultural commodities.”
Horne v. United States Dep't of Agric., 750 F.3d 1128 (9th Cir. 2014). · cites it 2× “7 U.S.C. § 602 (1). The Secretary has delegated to the Raisin Administrative Committee (“RAC”) the authority to set an annual “reserve tonnage” requirement, which is expressed as a percentage of the overall crop.”
Schepps Dairy, Inc., a Corp. v. Bob Bergland, Sec'y, Dep't of Agric., 628 F.2d 11 (D.C. Cir. 1980). · cites it 3× “1 (1935) (“[t]he primary objective set forth in the declaration of policy in the Agricultural Adjustment Act is to secure parity prices for farm products through balancing production with consumption”).”
United States Ex Rel. Sequoia Orange Co. v. Sunland Packing House Co., 912 F. Supp. 1325 (E.D. Cal. 1995). · cites it 3× “” 7 U.S.C. § 602 (1). Congress believed that improved marketing conditions for agricultural products would benefit both producers and consumers by ensuring “an orderly flow of the supply [of fruits and vegetables] to market throughout [their] normal marketing season to avoid…”
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