[United States Government Manual]
[May 31, 1996]
[Pages 118-123]
[From the U.S. Government Publishing Office, www.gpo.gov]



Marketing and Regulatory Programs

This mission area includes marketing and regulatory programs other than 
those concerned with food safety.

Agricultural Marketing Service

The Agricultural Marketing Service was established by the Secretary of 
Agriculture on April 2, 1972, under the authority of Reorganization Plan 
No. 2 of 1953 (5 U.S.C. app.) and other authorities. The Service 
administers standardization, grading, inspection, certification, market 
news, marketing orders, and research, promotion, and regulatory 
programs.
Market News  The Service provides current, unbiased information to 
producers, processors, distributors, and others to assist them in the 
orderly marketing and distribution of farm commodities. Information is 
collected on supplies, demand, prices, movement, location, quality, 
condition, and other market data on farm products in specific markets 
and marketing areas. The data is disseminated nationally via a modern 
satellite system and is shared with several countries. The Service also 
assists countries in developing their own marketing information systems.
Standardization, Grading, and Classing  Grade standards have been 
established for nearly 240 agricultural commodities to help buyers and 
sellers trade on agreed-upon quality levels. Standards are developed 
with the benefit of views from those in the industries directly affected 
and others interested. The Service also participates in developing 
international standards to facilitate trade.
    Grading and classing services are provided to certify the grade and 
quality of products. These grading services are provided to buyers and 
sellers of live cattle, swine, sheep, meat, poultry, eggs, rabbits, 
fruits, vegetables, tree nuts, peanuts, dairy products, and tobacco. 
Classing services are provided to buyers and sellers of cotton and 
cotton products. These services are mainly voluntary and are provided 
upon request and for a fee. The Service also is responsible for the 
certification of turpentine and other naval stores products, and the 
testing of seed.
Laboratory Testing  The Service provides scientific and laboratory 
support to its commodity programs relating to testing of microbiological 
and chemical factors in food products through grading, certification, 
acceptance, and regulatory programs; testing of peanuts for aflatoxin; 
testing of imported flue-cured and burley tobacco for pesticide 
residues; and testing seeds for germination and purity. The agency also 
carries out quality assurance and safety oversight activities with 
respect to the Service's commodity division laboratory and testing 
activities relating to milk market administrators, resident grading 
programs, and State and private laboratory programs.
    The Service also administers the Pesticide Data Program which, in 
cooperation with States, samples and analyzes fresh fruits and 
vegetables for pesticide residues. It shares residue test results with 
the Environmental Protection Agency and other public agencies.

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Food Quality Assurance  Under a governmentwide quality assurance 
program, AMS is responsible for the development and revision of 
specifications used by Federal agencies in procuring food for military 
and civilian uses. The Service coordinates and approves certification 
programs designed to ensure that purchased products conform to the 
specification requirements.
Section 32 Programs  Under section 32 of the act of August 24, 1935, as 
amended (7 U.S.C. 612c), 30 percent of customs receipts collected during 
each calendar year are automatically appropriated for expanding outlets 
for various commodities. Portions of these funds are transferred to the 
Food and Nutrition Service of USDA and to the Department of Commerce. 
Remaining funds are used to purchase commodities for the National School 
Lunch Program and other feeding programs, for diversion to other 
outlets, and for administering agreement and order programs.
Regulatory Programs  The Service administers several regulatory programs 
designed collectively to protect producers, handlers, and consumers of 
agricultural commodities from financial loss or personal injury 
resulting from careless, deceptive, or fraudulent marketing practices. 
Such regulatory programs encourage fair trading practices in the 
marketing of fruits and vegetables, require truth in seed labeling and 
in advertising.
    Under the Egg Products Inspection Act (21 U.S.C. 1031-1056), the 
Service provides voluntary laboratory analyses of egg products, and 
controls the disposition of restricted shell eggs--eggs that are a 
potential health hazard.
Marketing Agreements and Orders  These programs, under authority of the 
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.), 
help to establish and maintain orderly marketing conditions for certain 
commodities. Milk marketing orders establish minimum prices that 
handlers or distributors are required to pay producers. Programs for 
fruits, vegetables, and related specialty crops like nuts and spearmint 
oil help stabilize supplies and market prices. In some cases, they also 
authorize research and market development activities, including 
advertising supported by assessments that handlers pay. Through orderly 
marketing, adjusting the supply to demand, and avoiding unreasonable 
fluctuations during the marketing season, the income of producers is 
increased by normal market forces, and consumer interests are protected 
through quality and quantity control.
    Federal marketing orders originate with a request from a producer 
group to the Secretary of Agriculture. The Secretary can conduct 
hearings and referenda based on the producer group's proposal for a 
marketing order. Producer and handler assessments finance their 
operations.
    In carrying out the Government role, the Service ensures that 
persons interested in the development and operation of the programs have 
a fair hearing and that each marketing order works according to Federal 
law and established rules and guidelines.
Plant Variety Protection Program  Under authority of the Plant Variety 
Protection Act (7 U.S.C. 2321 et seq.), the Service administers a 
program that provides for the issuance of ``certificates of plant 
variety protection.'' These certificates afford developers of novel 
varieties of sexually reproduced plants exclusive rights to sell, 
reproduce, import, or export such varieties, or use them in the 
production of hybrids or different varieties for a period of 18 years.
Research and Promotion Programs  The Service monitors certain industry-
sponsored research, promotion, and information programs authorized by 
Federal laws. These programs provide farmers with a means to finance and 
operate various research, promotion, and information activities for 
cotton, potatoes, eggs, milk and dairy products, beef, pork, wool, 
mohair, honey, watermelon, limes, mushrooms, soybeans, fresh cut 
flowers, popcorn, kiwi fruit, and canola and rapeseed.

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Transportation Programs  The Service is also responsible for the 
development of an efficient transportation system for rural America that 
begins at the farm gate and moves agricultural and other rural products 
through the Nation's highways, railroads, airports, and waterways, and 
into the domestic and international marketplace. To accomplish this, AMS 
conducts economic studies and analyses of these systems, and represents 
agricultural and rural transportation interests in policy and regulatory 
forums. To provide direct assistance to the transportation community, 
AMS supplies research and technical information to producers, producer 
groups, shippers, exporters, rural communities, carriers, governmental 
agencies, and universities.
    The Service carries out responsibilities of USDA's former Office of 
Transportation under the Agricultural Adjustment Act of 1938 (7 U.S.C. 
1281), the Agricultural Marketing Act of 1946 (7 U.S.C. 1621), the 
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 
1691), the Rural Development Act of 1972 (7 U.S.C. 1921 note), the 
International Carriage of Perishable Foodstuffs Act (7 U.S.C. 4401), and 
the Cooperative Marketing Act of 1926 (7 U.S.C. 451-457).
Organic Standards  Under the Organic Foods Production Act of 1990 (7 
U.S.C. 501-522), the Service assists a National Organic Standards Board 
in developing national organic standards.
Other Programs  Other marketing service activities include financial 
grants to States for marketing improvement projects. The agency also has 
responsibility for the conduct of studies of the facilities and methods 
used in the physical distribution of food and other farm products; for 
research designed to improve the handling of all agricultural products 
as they move from farm to consumers; and for increasing marketing 
efficiency by developing improved operating methods, facilities, and 
equipment for processing, handling, and distributing dairy, poultry, and 
meat products.
    The Agricultural Marketing Service manages the Pesticide 
Recordkeeping Program in coordination with the National Agricultural 
Statistics Service and the Environmental Protection Agency. The Service 
has developed educational programs and assists State agencies in 
inspecting applicator records.
Field Organization  Programs and activities in the field are carried out 
through a variety of different types of organizations reporting to their 
respective Washington components.

For further information, contact the Information Staff, Agricultural 
Marketing Service, Department of Agriculture, P.O. Box 96456, 
Washington, DC 20250. Phone, 202-720-8999.

Animal and Plant Health Inspection Service

[For the Animal and Plant Health Inspection Service statement of 
organization, see the Code of Federal Regulations, Title 7, Part 371]

The Animal and Plant Health Inspection Service was reestablished by the 
Secretary of Agriculture on March 14, 1977, pursuant to authority 
contained in 5 U.S.C. 301 and Reorganization Plan No. 2 of 1953 (5 
U.S.C. app.).
    The Service was established to conduct regulatory and control 
programs to protect and improve animal and plant health for the benefit 
of man and the environment. In cooperation with State governments, the 
agency administers Federal laws and regulations pertaining to animal and 
plant health and quarantine, humane treatment of animals, and the 
control and eradication of pests and diseases. Regulations to prevent 
the introduction or interstate spread of certain animal or plant pests 
or diseases are also enforced by the Service. It also carries out 
research and operational activities to reduce crop and livestock 
depredations caused by birds, rodents, and predators.
Plant Protection and Quarantine Programs  Plant protection officials are 
responsible for programs to control or eradicate plant pests and 
diseases. These programs are carried out in cooperation with the States 
involved, other Federal agencies, farmers, and private

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organizations. Pest control programs use a single tool or a combination 
of pest control techniques, both chemical and nonchemical, which are 
both effective and safe.
    Agricultural quarantine inspection officials administer Federal 
regulations that prohibit or restrict the entry of foreign pests and 
plants, plant products, animal products and byproducts, and other 
materials that may harbor pests or diseases. Inspection service is 
maintained at all major sea, air, border, and interior ports of entry in 
the continental United States and in Hawaii, Alaska, Puerto Rico, U.S. 
Virgin Islands, Bahamas, and Bermuda. Services also are provided on a 
regular or on-call basis at some 500 outlying ports and military 
installations throughout the country.
    Other responsibilities include the inspection and certification of 
domestic commodities for export, regulation of the import and export of 
endangered plant species, and ensuring that imported seed is free of 
noxious weeds.
Veterinary Services   Animal health officials are responsible for 
programs to protect and improve the health, quality, and marketability 
of U.S. animals and animal products. The programs are carried out 
through cooperative links with States, foreign governments, livestock 
producers, and other Federal Agencies.
    Service officials exclude, control, and eradicate animal pests and 
diseases by carrying out eradication and control programs for certain 
diseases, providing diagnostic services, and gathering and disseminating 
information regarding animal health in the U.S. through land, air, and 
ocean ports. They also certify as to the health status of animals and 
animal products being exported to other countries and respond to animal 
disease incursions or epidemics which threaten the health status of U.S. 
livestock and poultry.
Regulatory Enforcement and Animal Care  The Service administers Federal 
laws concerned with the humane care and handling of all warm-blooded 
animals bought, sold, and transported--including common carriers--in 
commerce and used or intended for use as pets at the wholesale level, or 
used or intended for use in exhibitions or for research purposes. The 
agency also enforces the Horse Protection Act of 1970, which prohibits 
the soring of horses at shows and sales.
    The Service ensures compliance with APHIS regulations concerning 
plants and animals through comprehensive investigations, sound 
enforcement, and strong educational efforts.
International Services  Service activities in the international arena 
include conducting cooperative plant and animal pest and disease 
control, eradication, and surveillance programs in foreign countries. 
These programs provide a first line of defense for the United States 
against threats such as screwworm, medfly, foot-and-mouth disease, and 
other exotic diseases and pests. The Service also provides international 
representation concerning sanitary and phytosanitary technical trade 
issues, and manages programs for overseas preclearance of commodities, 
passengers, and U.S. military activities.
Biotechnology, Biologics, and Environmental Protection  The Service is 
responsible for the regulation of genetically engineered organisms and 
products that present a plant pest risk. Regulation is carried out 
through a permit system. The Service also administers a Federal law 
intended to ensure that all veterinary biological products, whether 
developed by conventional or new biotechnological procedures, used in 
the diagnosis, prevention, and treatment of animal disease are safe, 
pure, potent, and effective. The Service regulates firms that 
manufacture veterinary biological products subject to the act, including 
licensing the manufacturing establishment and its products, inspecting 
production facilities and production methods, and testing products under 
a surveillance program.
Animal Damage Control  Animal Damage Control officials cooperate with 
States, counties, local communities, and agricultural producer groups to 
reduce crop and livestock depredations caused

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by birds, rodents, and predators. Using methods and techniques that are 
biologically sound, environmentally acceptable, and economically 
feasible, they participate in efforts to educate and advise farmers and 
ranchers on proper uses of control methods and techniques; they suppress 
serious nuisances and threats to public health and safety caused by 
birds, rodents, and other wildlife in urban and rural communities; and 
they work with airport managers to reduce risks of bird strikes. In 
addition, they conduct research into predator-prey relationships, new 
control methods, and more efficient and safe uses of present methods 
such as toxicants, repellants and attractants, biological controls, 
scare devices, and habitat alteration.

For further information, contact Legislative and Public Affairs, Animal 
and Plant Health Inspection Service, Department of Agriculture, 
Washington, DC 20250. Phone, 202-720-2511.

Grain Inspection, Packers, and Stockyards Administration

The Grain Inspection, Packers, and Stockyards Administration (GIPSA) 
comprises the former Federal Grain Inspection Service and the former 
Packers and Stockyards Administration.
    The primary task of GIPSA is to carry out the provisions of the 
United States Grain Standards Act (7 U.S.C. 71 et seq.), the Packers and 
Stockyards Act of 1921, as amended (7 U.S.C. 181-229), the Truth in 
Lending and Fair Credit Billing Acts (15 U.S.C. 1601 et seq.), and the 
Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) with respect to 
firms subject to GIPSA. The Administration also manages the provisions 
of section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631), 
certifying State central filing systems for notification of liens 
against farm products and ensures integrity in the inspection, weighing, 
and handling of U.S. grain.
    The Administration is responsible for establishing official U.S. 
standards for grain and other assigned commodities, and for 
administrating a nationwide official inspection and weighing system. It 
may, in response to formal application, authorize private and State 
agencies to perform official services under the authority contained in 
the act.
    Two of GIPSA's three grain inspection divisions are located in 
Washington, DC; the third is located in Kansas City, MO. Most employees 
work in field offices around the Nation.
Inspection  The United States Grain Standards Act requires that, with 
some exceptions, all U.S. export grain be officially inspected. At 
export port locations, inspection is performed by GIPSA or by State 
agencies that have been delegated export inspection authority by the 
Administrator. For domestic grain, marketed at inland locations, the 
Administrator designates private and State agencies to provide official 
inspection services upon request. Both export and domestic services are 
provided on a fee basis.
     To ensure that the official U.S. grain standards are applied 
uniformly nationwide, GIPSA's field offices provide oversight, guidance, 
and assistance to non-Federal agencies performing inspection activities, 
both at export and inland inspection points.
    Buyers and sellers may request appeal inspections of original 
inspection results, first from a field office and then, if desired, from 
GIPSA's Board of Appeals and Review. The Administration maintains a 
quality control program to monitor the national inspection system and to 
ensure that all field locations accurately and uniformly apply the U.S. 
grain standards.
Weighing  Official weighing of U.S. export grain is performed at port 
locations by GIPSA or by State agencies that have been delegated export 
weighing authority by the Administrator. For domestic grain marketed at 
inland locations, the weighing services may be provided by GIPSA or by 
designated private or State agencies. Weighing services are provided on 
a fee basis, upon request.
    As with inspection activities, GIPSA field offices provide 
oversight, guidance, and assistance to non-Federal agencies performing 
official weighing services. With the support of the Association of 
American Railroads and user fees, it conducts a railroad track scale-
testing

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program which includes an annual testing service for all State and 
railroad company-owned master scales. The Administration is the only 
entity, public or private, which connects all railroad track scales to 
the national standards.
Standardization  The Administration is responsible for establishing, 
maintaining, and, as needed, revising official U.S. standards. Such 
standards exist for corn, wheat, rye, oats, barley, flaxseed, sorghum, 
soybeans, triticale, sunflower seed, canola, and mixed grain. It is 
authorized to perform applied research to develop methods of improving 
accuracy and uniformity in grading grain.
    It is also responsible for standardization and inspection activities 
for rice, dry beans, peas, lentils, hay, straw, hops, and related 
processed grain commodities under the Agricultural Marketing Act of 
1946, as amended (7 U.S.C. 1621). Although standards no longer exist for 
hay, straw, and hops, GIPSA maintains inspection procedures for and 
retains authority to inspect these commodities.
Methods Development  The Administration's methods development activities 
include applied research or tests that produce new or improved 
techniques for measuring grain quality. Examples include new knowledge 
gained through study of how to establish the framework for real-time 
grain inspection and develop reference methods to maintain consistency 
and standardization in the grain inspection system, and the comparison 
of different techniques for evaluation of end use quality in wheat. 
Included in this program area are also the development of a new wheat 
classification system, evaluation of prototype wheat hardness meters, 
and adapting measurement techniques for pesticides, mycotoxins, heavy 
metals, vitamins, and grain odor for use in the official grain 
inspection system.
Compliance  The Administration's compliance activities ensure accurate 
and uniform implementation of the act, applicable provisions of the 
Agricultural Marketing Act of 1946, and related regulations--including 
designating States and private agencies to carry out official inspection 
and weighing functions and monitoring, and overseeing and reviewing the 
operations of such agencies to ensure adequate performance.
    The agency administers a registration program for all firms that 
export grain from the United States. In conjunction with the Office of 
the Inspector General, it carries out a program for investigating 
reported violations, and initiates followup and corrective actions when 
appropriate. The total compliance program ensures the integrity of the 
national inspection and weighing system.
Packers and Stockyards Activities  The Packers and Stockyards Act is an 
antitrust, trade practice, and financial protection law. Its principal 
purpose is to maintain effective competition and fair trade practices in 
the marketing of livestock, meat, and poultry for the protection of 
livestock and poultry producers. Members of the livestock, poultry, and 
meat industries are also protected against unfair or monopolistic 
practices of competitors. The act also protects consumers against unfair 
business practices in the marketing of meats and poultry and against 
restrictions of competition that could unduly affect meat and poultry 
prices.
    The provisions of the Packers and Stockyards Act are enforced by 
investigations of violations of the act with emphasis on payment 
protection; detecting instances of commercial bribery, fraud in 
livestock marketing, and false weighing; requiring adequate bond 
coverage for commission firms, dealers, and packers; and the 
surveillance of marketing methods at public markets and in geographical 
market areas of the country.

For further information, contact the Grain Inspection, Packers, and 
Stockyards Administration, Department of Agriculture, Washington, DC 
20250. Phone, 202-720-0219.