7 U.S.C. § 499b–1 — Products produced in distinct geographic areas
submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 221 words · no verdicts yet
This law protects geographic names of produce promoted under a federal marketing order. No one may use that name to sell a similar product grown somewhere else. Anyone who complains about a violation must cover the government's enforcement costs.
(a) In general.
This section applies to a perishable agricultural commodity* — as defined in the Perishable Agricultural Commodity Act, 7 U.S.C. 499a(4) — if all three things are true: (1) it is covered by a federal marketing order under the Agricultural Marketing Agreement Act of 1937; (2) it is traditionally identified as coming from a specific geographic area, state, or region; and (3) its unique identity, based on that area, has been promoted using money collected from producers under that marketing order. If all three apply, no one may use the commodity's unique name or geographic designation to promote the sale of a similar commodity grown outside that area, state, or region.
(b) Penalties.
Breaking this section counts as a violation of paragraphs (4) and (5) of section 2 of the Perishable Agricultural Commodities Act (7 U.S.C. 499b(4) and (5)).
(c) Reimbursement.
Anyone who brings a complaint under this section must reimburse the Secretary* of Agriculture for all costs of enforcing this section.
(d) Prohibition.
The Secretary of Agriculture may not raise fees charged under the Perishable Agricultural Commodities Act to cover the costs of running this section.
(e) Regulations.
The Secretary must issue regulations to carry out this section.
In the case of a perishable agricultural commodity* (as defined under the Perishable Agricultural Commodity Act (7 U.S.C. 499a(4))— 1
subject to a Federal marketing order under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.);
traditionally identified as being produced in a distinct geographic area, State, or region; and
the unique identity, based on such distinct geographic area, of which has been promoted with funds collected through producer contributions pursuant to such marketing order,
no person* may use the unique name or geographical designation of such commodity to promote the sale of a similar commodity produced outside such area, State, or region.
A violation of this section shall be considered a violation of paragraphs (4) and (5) of section 2 of the Perishable Agricultural Commodities Act (7 U.S.C. 499b(4) and (5)).
A person bringing a complaint under this section shall reimburse the Secretary* of Agriculture for any and all costs associated with the enforcement of this section.
The Secretary of Agriculture shall not increase any fees charged under the Perishable Agricultural Commodities Act [7 U.S.C. 499a et seq.] to offset costs associated with the operation of this section.
The Secretary shall promulgate regulations to carry out this section.
Source credit: (Pub. L. 101–624, title XIII, § 1309, Nov. 28, 1990, 104 Stat. 3562.)
- 1990Enacted · Pub. L. 101-624 · 104 Stat. 3562
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.
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