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10.163 MARKET PROTECTION AND PROMOTION

FEDERAL AGENCY
AGRICULTURAL MARKETING SERVICE, DEPARTMENT OF AGRICULTURE

AUTHORIZATION
Agricultural Marketing Act of 1946, 7 U.S.C. 1621-1627, 7 U.S.C. 2101-2119; Egg Research and Consumer Information Act, 7 U.S.C. 2701-2718; Export Apple and Pear Act, 7 U.S.C. 581-590; Export Grape and Plum Act, 7 U.S.C. 591-599; Federal Seed Act, 7 U.S.C. 1551-1611; National Wool Act of 1954, as amended, 7 U.S.C. 1787; Plant Variety Protection Act, 7 U.S.C. 2321-2331, 2351-2357, 2371-2372, 2401- 2404, 2421-2427, 2441-2443, 2461-2463, 2481-2486, 2501-2504, 2531-2532, 2541-2545, 2561-2569, 2581-2583; 7 U.S.C. 4301-4319; Cotton Research and Promotion Act, 7 U.S.C. 2101-2118; Dairy and Tobacco Adjustment Act of 1983, 7 U.S.C. 5111; Agricultural Fair Practices Act, 7 U.S.C. 2301-2306; Capper Volstead Act, 7 U.S.C 291-292; Potato Research and Promotion Act, 7 U.S.C. 2611-2627; Beef Promotion and Research Act of 1985, 7 U.S.C. 2901-2911; Pork Promotion, Research, and Consumer Information Act of 1985, 7 U.S.C. 1612-1631; Dairy Research and Promotion Act, 7 U.S.C. 4501-4513, 4532; Watermelon Research and Promotion Act, 7 U.S.C. 4901-4916; Honey Research Promotion and Consumer Information Act, 7 U.S.C. 4601-4612; Soybean Promotion, Research and Consumer Information Act of 1990, 7 U.S.C. 6301-6311; Mushroom Promotion, Research and Consumer Information Act of 1990, 7 U.S.C. 6101- 6112; Fluid Milk Promotion Act of 1990, 7 U.S.C. 6401-6417; Organic Foods Production Act of 1990, 7 U.S.C. 6501-6522; Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, 7 U.S.C. 6801- 6814; Popcorn Promotion Research, and Consumer Information Act, 7 U.S.C. 7481-7491; National Kiwifruit Research, Promotion, and Consumer Information Act, 7 U.S.C. 7461-7473.

OBJECTIVES
The Federal Seed Program prevents mislabeled seed from moving in interstate commerce by providing for random sampling of seeds to insure accurate labeling of seed characteristics. The Plant Variety Protection Program offers legal protection to developers of new varieties of plants which reproduce by providing the equivalent of a patent to the plant's developer. The Research and Promotion Programs provide for the collection of an assessment for each commodity covered by statutes to enable the commodity industries to carry out research and promotion activities. It is the responsibility of the Agricultural Marketing Service to assure responsible use of these assessments in meeting the research and promotion objective. The Dairy and Tobacco Adjustment Act authorized the establishment of a National dairy promotion research and nutrition education program. To eliminate deceptive, unfair and fraudulent trade practices in the processing and marketing of food and agricultural products; provide assistance to those striving to achieve this objective. The Pesticide Data Program works with participating States to collect and analyze data on pesticide use and residue levels for selected commodities in the nation's food supply. This program provides statistically based data to Federal agencies for use in making policy decisions for regulatory and educational purposes.

TYPES OF ASSISTANCE
Provision of Specialized Services; Advisory Services and Counseling; Training.

USES AND USE RESTRICTIONS
Assistance provided to assure fair and open marketing distribution system for agricultural products.

Applicant Eligibility
Any State government, public and private organization and institution, business and industry, or individual may apply for technical assistance or service. State, trade associations, and universities may be eligible for cooperative agreements.

Beneficiary Eligibility
Any State government, public and private organization and institution, business and industry, or individual may apply for technical assistance or service.

Credentials/Documentation
As provided for in applicable Acts as referred to in the Authorization Section above.

Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.

Application Procedure
Procedures vary as provided for in applicable Acts. Contact appropriate area offices as listed in Appendix IV of the Catalog.

Award Procedure
None.

Deadlines
None.

Range of Approval/Disapproval Time
None.

Appeals
As provided for in applicable Acts.

Renewals
As provided for in applicable Acts.

Formula and Matching Requirements
None.

Length and Time Phasing of Assistance
None.

Reports
As provided for in applicable Acts.

Audits
As provided for in applicable Acts.

Records
As provided for in applicable Acts.

Account Identification
12-2500-0-1-352.

Obligations
(Provision of Specialized Services) FY 07 $28,053,000; FY 08 est $29,456,000; and FY 09 est not reported.

Range and Average of Financial Assistance
None.

PROGRAM ACCOMPLISHMENTS
Seed samples tested: Fiscal year 2004, 1,855; fiscal year 2005, estimate 2,000; and fiscal year 2006, estimate 2,000. Plant variety certificates of protection issued: Fiscal year 2004, 421; fiscal year 2005, estimate 325; and fiscal year 2006, estimate 325. Pesticide data samples collected: Fiscal year 2004, 12,573; fiscal year 2005, estimate 11,000; and fiscal year 2006, estimate 11,000.

REGULATIONS, GUIDELINES, AND LITERATURE
PA-655 "Export Fruit Acts-Questions and Answers," AMS-592, Facts About Naming and Labeling Varieties of Seed," "The Plant Variety Protection Act," requirements under the Federal Seed Act for Labeling treated Seed," 7 CFR 33-35, 101- 151,201-202; PA-1005, "Farmers Rights Under the Agricultural Fair Practices Act."

Regional or Local Office
Regional and local offices are listed in Appendix IV of the Catalog.

Headquarters Office
Associate Administrator, Agricultural Marketing Service.

Web Site Address
http://www.ams.usda.gov

RELATED PROGRAMS
10.155, Marketing Agreements and Orders; 36.001, Fair Competition Counseling and Investigation of Complaints.

EXAMPLES OF FUNDED PROJECTS
None.

CRITERIA FOR SELECTING PROPOSALS
None.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)