-CITE-
    7 USC CHAPTER 76 - DAIRY RESEARCH AND PROMOTION             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

-HEAD-
                 CHAPTER 76 - DAIRY RESEARCH AND PROMOTION             

-MISC1-
                  SUBCHAPTER I - DAIRY PROMOTION PROGRAM              
    Sec.                                                     
    4501.       Congressional findings and declaration of policy.     
    4502.       Definitions.                                          
    4503.       Issuance of orders.                                   
    4504.       Required terms in orders.                             
    4505.       Certification of organizations.                       
    4506.       Requirement of referendum.                            
    4507.       Suspension and termination of orders.                 
    4508.       Cooperative association representation.               
    4509.       Petition and review.                                  
    4510.       Enforcement.                                          
    4511.       Investigations; power to subpena and take oaths and
                 affirmations; aid of courts.                         
    4512.       Administrative provisions.                            
    4513.       Authorization of appropriations.                      
    4514.       Dairy reports.                                        

                  SUBCHAPTER II - DAIRY RESEARCH PROGRAM              
    4531.       Definitions.                                          
    4532.       Establishment of National Dairy Research Endowment
                 Institute.                                           
    4533.       Issuance of order.                                    
    4534.       Required terms of order; agreements under order;
                 records.                                             
    4535.       Petition and review; enforcement; investigations.     
    4536.       Dairy Research Trust Fund.                            
    4537.       Termination of order, Institute, and Fund.            
    4538.       Additional authority.                                 

-End-

-CITE-
    7 USC SUBCHAPTER I - DAIRY PROMOTION PROGRAM                01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
                  SUBCHAPTER I - DAIRY PROMOTION PROGRAM              

-End-

-CITE-
    7 USC Sec. 4501                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4501. Congressional findings and declaration of policy

-STATUTE-
      (a) Congress finds that - 
        (1) dairy products are basic foods that are a valuable part of
      the human diet;
        (2) the production of dairy products plays a significant role
      in the Nation's economy the milk from which dairy products are
      manufactured is produced by thousands of milk producers, and
      dairy products are consumed by millions of people throughout the
      United States;
        (3) dairy products must be readily available and marketed
      efficiently to ensure that the people of the United States
      receive adequate nourishment;
        (4) the maintenance and expansion of existing markets for dairy
      products are vital to the welfare of milk producers and those
      concerned with marketing, using, and producing dairy products, as
      well as to the general economy of the Nation; and
        (5) dairy products move in interstate and foreign commerce, and
      dairy products that do not move in such channels of commerce
      directly burden or affect interstate commerce of dairy products.

      (b) It, therefore, is declared to be the policy of Congress that
    it is in the public interest to authorize the establishment,
    through the exercise of the powers provided herein, of an orderly
    procedure for financing (through assessments on all milk produced
    in the United States for commercial use and on imported dairy
    products) and carrying out a coordinated program of promotion
    designed to strengthen the dairy industry's position in the
    marketplace and to maintain and expand domestic and foreign markets
    and uses for fluid milk and dairy products. Nothing in this
    subchapter may be construed to provide for the control of
    production or otherwise limit the right of individual milk
    producers to produce milk or the right of any person to import
    dairy products.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 110, Nov. 29, 1983, 97 Stat. 1136;
    Pub. L. 107-171, title I, Sec. 1505(h)(1), May 13, 2002, 116 Stat.
    210.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-171 inserted "and on imported
    dairy products" after "commercial use" and struck out "produced in
    the United States" after "fluid milk and dairy products" in first
    sentence and inserted "or the right of any person to import dairy
    products" before period at end of second sentence.

                                SHORT TITLE                            
      For short title of title I of Pub. L. 98-180 as the "Dairy
    Production Stabilization Act of 1983", see Short Title of 1983
    Amendment note set out under section 1421 of this title.

-End-

-CITE-
    7 USC Sec. 4502                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4502. Definitions

-STATUTE-
      As used in this subchapter - 
        (a) the term "Board" means the National Dairy Promotion and
      Research Board established under section 4504 of this title;
        (b) the term "Department" means the Department of Agriculture;
        (c) the term "Secretary" means the Secretary of Agriculture;
        (d) the term "milk" means any class of cow's milk;
        (e) the term "dairy products" means products manufactured for
      human consumption which are derived from the processing of milk,
      and includes fluid milk products;
        (f) the term "fluid milk products" means those milk products
      normally consumed in liquid form as a beverage;
        (g) the term "person" means any individual, group of
      individuals, partnership, corporation, association, cooperative,
      or any other entity;
        (h) the term "producer" means any person engaged in the
      production of milk for commercial use;
        (i) the term "promotion" means actions such as paid
      advertising, sales promotion, and publicity to advance the image
      and sales of and demand for dairy products;
        (j) the term "research" means studies testing the effectiveness
      of market development and promotion efforts, studies relating to
      the nutritional value of milk and dairy products, and other
      related efforts to expand demand for milk and dairy products;
        (k) the term "nutrition education" means those activities
      intended to broaden the understanding of sound nutritional
      principles including the role of milk and dairy products in a
      balanced diet;
        (l) the term "United States" as used in sections 4501 through
      4508 of this title means the forty-eight contiguous States in the
      continental United States;
        (m) the term "imported dairy product" means any dairy product
      that is imported into the United States (as defined in subsection
      (l) of this section), including dairy products imported into the
      United States in the form of - 
          (1) milk, cream, and fresh and dried dairy products;
          (2) butter and butterfat mixtures;
          (3) cheese; and
          (4) casein and mixtures;

        (n) the term "importer" means a person that imports an imported
      dairy product into the United States; and
        (o) the term "Customs" means the United States Customs Service.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 111, Nov. 29, 1983, 97 Stat. 1136;
    Pub. L. 107-171, title I, Sec. 1505(a), (h)(2), May 13, 2002, 116
    Stat. 207, 210.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d). Pub. L. 107-171, Sec. 1505(h)(2), struck out
    "produced in the United States" before semicolon at end.
      Subsec. (m) to (o). Pub. L. 107-171, Sec. 1505(a), added subsecs.
    (m) to (o).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-

-CITE-
    7 USC Sec. 4503                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4503. Issuance of orders

-STATUTE-
    (a) Notice and opportunity for public comment
      During the period beginning with November 29, 1983, and ending
    thirty days after receipt of a proposal for an initial dairy
    products promotion and research order, the Secretary shall publish
    such proposed order and give due notice and opportunity for public
    comment upon the proposed order. The proposal for an order may be
    submitted by an organization certified under section 4505 of this
    title or by any interested person affected by the provisions of
    this subchapter.
    (b) Effective date of orders
      After notice and opportunity for public comment are given, as
    provided for in subsection (a) of this section, the Secretary shall
    issue a dairy products promotion and research order. Such order
    shall become effective not later than ninety days following
    publication of the proposal.
    (c) Amendment of orders
      The Secretary may, from time to time, amend a dairy products
    promotion and research order.
    (d) Order implementation and international trade obligations
      The Secretary, in consultation with the United States Trade
    Representative, shall ensure that the order is implemented in a
    manner consistent with the international trade obligations of the
    Federal Government.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 112, Nov. 29, 1983, 97 Stat. 1137;
    Pub. L. 107-171, title I, Sec. 1505(g), May 13, 2002, 116 Stat.
    209.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d). Pub. L. 107-171, which directed the addition
    of subsec. (d) at the end of section 112 of the Dairy Promotion
    Stabilization Act of 1983, was executed by adding subsec. (d) at
    the end of this section to reflect the probable intent of Congress.

-End-

-CITE-
    7 USC Sec. 4504                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4504. Required terms in orders

-STATUTE-
      Any order issued under this subchapter shall contain terms and
    conditions as follows:
      (a) The order shall provide for the establishment and
    administration of appropriate plans or projects for advertisement
    and promotion of the sale and consumption of dairy products, for
    research projects related thereto, for nutrition education
    projects, and for the disbursement of necessary funds for such
    purposes. Any such plan or project shall be directed toward the
    sale and marketing or use of dairy products to the end that the
    marketing and use of dairy products may be encouraged, expanded,
    improved, or made more acceptable. No such advertising or sales
    promotion program shall make use of unfair or deceptive acts or
    practices with respect to the quality, value, or use of any
    competing product.
      (b) National Dairy Promotion and Research Board. - 
        (1) The order shall provide for the establishment and
      appointment by the Secretary of a National Dairy Promotion and
      Research Board that shall consist of not less than thirty-six
      members.
        (2) Except as provided in paragraph (6), the members of the
      Board shall be milk producers appointed by the Secretary from
      nominations submitted by eligible organizations certified under
      section 4505 of this title, or, if the Secretary determines that
      a substantial number of milk producers are not members of, or
      their interests are not represented by, any such eligible
      organization, then from nominations made by such milk producers
      in the manner authorized by the Secretary.
        (3) In making such appointments, the Secretary shall take into
      account, to the extent practicable, the geographical distribution
      of milk production volume throughout the United States.
        (4) In determining geographic representation, whole States
      shall be considered as a unit.
        (5) A region may be represented by more than one director and a
      region may be made up of more than one State.
        (6) Importers. - 
          (A) Initial representation. - In making initial appointments
        to the Board of importer representatives, the Secretary shall
        appoint 2 members who represent importers of dairy products and
        are subject to assessments under the order.
          (B) Subsequent representation. - At least once every 3 years
        after the initial appointment of importer representatives under
        subparagraph (A), the Secretary shall review the average volume
        of domestic production of dairy products compared to the
        average volume of imports of dairy products into the United
        States during the previous 3 years and, on the basis of that
        review, shall reapportion importer representation on the Board
        to reflect the proportional share of the United States market
        by domestic production and imported dairy products.
          (C) Additional members; nominations. - The members appointed
        under this paragraph - 
            (i) shall be in addition to the total number of members
          appointed under paragraph (2); and
            (ii) shall be appointed from nominations submitted by
          importers under such procedures as the Secretary determines
          to be appropriate.

        (7) The term of appointment to the Board shall be for three
      years with no member serving more than two consecutive terms,
      except that initial appointments shall be proportionately for one-
      year, two-year, and three-year terms.
        (8) The Board shall appoint from its members an executive
      committee whose membership shall equally reflect each of the
      different regions in the United States in which milk is produced
      as well as importers of dairy products.
        (9) The executive committee shall have such duties and powers
      as are conferred upon it by the Board.
        (10) Board members shall serve without compensation, but shall
      be reimbursed for their reasonable expenses incurred in
      performing their duties as members of the Board including a per
      diem allowance as recommended by the Board and approved by the
      Secretary.
      (c) The order shall define the powers and duties of the Board
    that shall include only the powers enumerated in this section.
    These shall include, in addition to the powers set forth elsewhere
    in this section, the powers to (1) receive and evaluate, or on its
    own initiative develop, and budget for plans or projects to promote
    the use of fluid milk and dairy products as well as projects for
    research and nutrition education and to make recommendations to the
    Secretary regarding such proposals, (2) administer the order in
    accordance with its terms and provisions, (3) make rules and
    regulations to effectuate the terms and provisions of the order,
    (4) receive, investigate, and report to the Secretary complaints of
    violations of the order, and (5) recommend to the Secretary
    amendments to the order. The Board shall solicit, among others,
    research proposals that would increase the use of fluid milk and
    dairy products by the military and by persons in developing
    nations, and that would demonstrate the feasibility of converting
    surplus nonfat dry milk to casein for domestic and export use.
      (d) The order shall provide that the Board shall develop and
    submit to the Secretary for approval any promotion, research, or
    nutrition education plan or project and that any such plan or
    project must be approved by the Secretary before becoming
    effective.
      (e) Budgets. - 
        (1) Preparation and submission. - The order shall require the
      Board to submit to the Secretary for approval budgets on a fiscal
      period basis of its anticipated expenses and disbursements in the
      administration of the order, including projected costs of dairy
      products promotion and research projects.
        (2) Foreign market efforts. - The order shall authorize the
      Board to expend in the maintenance and expansion of foreign
      markets an amount not to exceed the amount collected from United
      States producers for a fiscal year. Of those funds, for each of
      the 2002 through 2007 fiscal years, the Board's budget may
      provide for the expenditure of revenues available to the Board to
      develop international markets for, and to promote within such
      markets, the consumption of dairy products produced or
      manufactured in the United States.

      (f) The order shall provide that the Board, with the approval of
    the Secretary, may enter into agreements for the development and
    conduct of the activities authorized under the order as specified
    in subsection (a) of this section and for the payment of the cost
    thereof with funds collected through assessments under the order.
    Any such agreement shall provide that (1) the contracting party
    shall develop and submit to the Board a plan or project together
    with a budget or budgets that shall show estimated costs to be
    incurred for such plan or project, (2) the plan or project shall
    become effective upon the approval of the Secretary, and (3) the
    contracting party shall keep accurate records of all of its
    transactions, account for funds received and expended, and make
    periodic reports to the Board of activities conducted, and such
    other reports as the Secretary or the Board may require.
      (g) Assessments. - 
        (1) The order shall provide that each person making payment to
      a producer for milk produced in the United States and purchased
      from the producer shall, in the manner as prescribed by the
      order, collect an assessment based upon the number of
      hundredweights of milk for commercial use handled for the account
      of the producer and remit the assessment to the Board.
        (2) The assessment shall be used for payment of the expenses in
      administering the order, with provision for a reasonable reserve,
      and shall include those administrative costs incurred by the
      Department after an order has been promulgated under this
      subchapter.
        (3) The rate of assessment for milk produced in the United
      States and imported dairy products prescribed by the order shall
      be 15 cents per hundredweight of milk for commercial use or the
      equivalent thereof, as determined by the Secretary.
        (4) A milk producer or the producer's cooperative who can
      establish that the producer is participating in active, ongoing
      qualified State or regional dairy product promotion or nutrition
      education programs intended to increase consumption of milk and
      dairy products generally shall receive credit in determining the
      assessment due from such producer for contributions to such
      programs of up to 10 cents per hundredweight of milk marketed or,
      for the period ending six months after November 29, 1983, up to
      the aggregate rate in effect on November 29, 1983, of such
      contributions to such programs (but not to exceed 15 cents per
      hundredweight of milk marketed) if such aggregate rate exceeds 10
      cents per hundredweight of milk marketed.
        (5) Any person marketing milk of that person's own production
      directly to consumers shall remit the assessment directly to the
      Board in the manner prescribed by the order.
        (6) Importers. - 
          (A) In general. - The order shall provide that each importer
        of imported dairy products shall pay an assessment to the Board
        in the manner prescribed by the order.
          (B) Time for payment. - The assessment on imported dairy
        products shall be paid by the importer to Customs at the time
        the entry documents are filed with Customs. Customs shall remit
        the assessments to the Board. For purposes of this
        subparagraph, the term "importer" includes persons who hold
        title to foreign-produced dairy products immediately upon
        release by Customs, as well as persons who act on behalf of
        others, as agents, brokers, or consignees, to secure the
        release of dairy products from Customs.
          (C) Use of assessments on imported dairy products. -
        Assessments collected on imported dairy products shall not be
        used for foreign market promotion.

      (h) The order shall require the Board to (1) maintain such books
    and records (which shall be available to the Secretary for
    inspection and audit) as the Secretary may prescribe, (2) prepare
    and submit to the Secretary, from time to time, such reports as the
    Secretary may prescribe, and (3) account for the receipt and
    disbursement of all funds entrusted to it.
      (i) The order shall provide that the Board, with the approval of
    the Secretary, may invest, pending disbursement under a plan or
    project, funds collected through assessments authorized under this
    subchapter only in obligations of the United States or any agency
    thereof, in general obligations of any State or any political
    subdivision thereof, in any interest-bearing account or certificate
    of deposit of a bank that is a member of the Federal Reserve
    System, or in obligations fully guaranteed as to principal and
    interest by the United States.
      (j) The order shall prohibit any funds collected by the Board
    under the order from being used in any manner for the purpose of
    influencing governmental policy or action except as provided by
    subsection (c)(5) of this section.
      (k) The order shall require that each importer of imported dairy
    products, each person receiving milk from farmers for commercial
    use, and any person marketing milk of that person's own production
    directly to consumers, maintain and make available for inspection
    such books and records as may be required by the order and file
    reports at the time, in the manner, and having the content
    prescribed by the order. Such information shall be made available
    to the Secretary as is appropriate to the administration or
    enforcement of this subchapter, or any order or regulation issued
    under this subchapter. All information so obtained shall be kept
    confidential by all officers and employees of the Department, and
    only such information so obtained as the Secretary deems relevant
    may be disclosed by them and then only in a suit or administrative
    hearing brought at the request of the Secretary, or to which the
    Secretary or any officer of the United States is a party, and
    involving the order with reference to which the information to be
    disclosed was obtained. Nothing in this subsection may be deemed to
    prohibit (1) the issuance of general statements, based upon the
    reports, of the number of persons subject to an order or
    statistical data collected therefrom, which statements do not
    identify the information furnished by any person, or (2) the
    publication, by direction of the Secretary, of the name of any
    person violating any order, together with a statement of the
    particular provisions of the order violated by such person. No
    information obtained under the authority of this subchapter may be
    made available to any agency or officer of the Federal Government
    for any purpose other than the implementation of this subchapter
    and any investigatory or enforcement action necessary for the
    implementation of this subchapter. Any person violating the
    provisions of this subsection shall, upon conviction, be subject to
    a fine of not more than $1,000, or to imprisonment for not more
    than one year, or both, and, if an officer or employee of the Board
    or the Department, shall be removed from office.
      (l) The order shall provide terms and conditions, not
    inconsistent with the provisions of this subchapter, as necessary
    to effectuate the provisions of the order.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 113, Nov. 29, 1983, 97 Stat. 1137;
    Pub. L. 104-127, title I, Sec. 152, Apr. 4, 1996, 110 Stat. 922;
    Pub. L. 107-171, title I, Sec. 1505(b)-(e), May 13, 2002, 116 Stat.
    208, 209.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-171, Sec. 1505(b), inserted
    heading, designated first to ninth sentences as pars. (1) to (5)
    and (7) to (10), respectively, and realigned margins, substituted
    "Except as provided in paragraph (6), the members of the Board" for
    "Members of the Board" in par. (2) and "is produced as well as
    importers of dairy products" for "is produced" in par. (8), and
    added par. (6).
      Subsec. (e). Pub. L. 107-171, Sec. 1505(c), inserted heading,
    designated existing provisions as par. (1), inserted heading, and
    struck out "For each of fiscal years 1997 through 2001, the Board's
    budget may provide for the expenditure of revenues available to the
    Board to develop international markets for, and to promote within
    such markets, the consumption of dairy products produced in the
    United States from milk produced in the United States." at end, and
    added par. (2).
      Subsec. (g). Pub. L. 107-171, Sec. 1505(d), inserted heading,
    designated first to fifth sentences as pars. (1) to (5),
    respectively, and realigned margins, inserted "for milk produced in
    the United States and imported dairy products" after "The rate of
    assessment" and ", as determined by the Secretary" before period at
    end in par. (3), and added par. (6).
      Subsec. (k). Pub. L. 107-171, Sec. 1505(e), substituted "importer
    of imported dairy products, each person receiving milk from
    farmers" for "person receiving milk from farmers" in first
    sentence.
      1996 - Subsec. (e). Pub. L. 104-127 inserted at end "For each of
    fiscal years 1997 through 2001, the Board's budget may provide for
    the expenditure of revenues available to the Board to develop
    international markets for, and to promote within such markets, the
    consumption of dairy products produced in the United States from
    milk produced in the United States."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-

-CITE-
    7 USC Sec. 4505                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4505. Certification of organizations

-STATUTE-
      (a) The eligibility of any organization to represent milk
    producers, and to participate in the making of nominations under
    section 4504 of this title shall be certified by the Secretary. The
    Secretary shall certify any organization that the Secretary
    determines meets the eligibility criteria established by the
    Secretary under this section and the Secretary's determination as
    to eligibility shall be final.
      (b) Certification shall be based, in addition to other available
    information, on a factual report submitted by the organization,
    which shall contain information deemed relevant and specified by
    the Secretary, including, but not limited to, the following:
        (1) geographic territory covered by the organization's active
      membership;
        (2) nature and size of the organization's active membership
      including the proportion of the total number of active milk
      producers represented by the organization;
        (3) evidence of stability and permanency of the organization;
        (4) sources from which the organization's operating funds are
      derived;
        (5) functions of the organization; and
        (6) the organization's ability and willingness to further the
      aims and objectives of this subchapter.

    The primary considerations in determining the eligibility of an
    organization shall be whether its membership consists primarily of
    milk producers who produce a substantial volume of milk and whether
    the primary or overriding interest of the organization is in the
    production or processing of fluid milk and dairy products and
    promotion of the nutritional attributes of fluid milk and dairy
    products.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 114, Nov. 29, 1983, 97 Stat. 1140.)

-End-

-CITE-
    7 USC Sec. 4506                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4506. Requirement of referendum

-STATUTE-
      (a) Within the sixty-day period immediately preceding September
    30, 1985, the Secretary shall conduct a referendum among producers
    who, during a representative period (as determined by the
    Secretary), have been engaged in the production of milk for
    commercial use for the purpose of ascertaining whether the order
    then in effect shall be continued. Such order shall be continued
    only if the Secretary determines that it has been approved by not
    less than a majority of the producers voting in the referendum, who
    during a representative period (as determined by the Secretary)
    have been engaged in the production of milk for commercial use. If
    continuation of the order is not approved by a majority of the
    producers voting in the referendum, the Secretary shall terminate
    collection of assessments under the order within six months after
    the Secretary determines that such action is favored by a majority
    of the producers voting in the referendum and shall terminate the
    order in an orderly manner as soon as practicable after such
    determination.
      (b) The Secretary shall be reimbursed from assessments collected
    by the Board for any expenses incurred by the Department in
    connection with the conduct of any referendum under this section
    and section 4507 of this title, except for the salaries of
    Government employees.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 115, Nov. 29, 1983, 97 Stat. 1141.)

-End-

-CITE-
    7 USC Sec. 4507                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4507. Suspension and termination of orders

-STATUTE-
    (a) Determination by Secretary
      After September 30, 1985, the Secretary shall, whenever the
    Secretary finds that any order issued under this subchapter or any
    provision thereof obstructs or does not tend to effectuate the
    declared policy of this subchapter, terminate or suspend the
    operation of such order or such provisions thereof.
    (b) Referendum
      After September 30, 1985, the Secretary may conduct a referendum
    at any time, and shall hold a referendum on request of a
    representative group comprising 10 per centum or more of the number
    of producers and importers subject to the order, to determine
    whether the producers and importers favor the termination or
    suspension of the order. The Secretary shall suspend or terminate
    collection of assessments under the order within six months after
    the Secretary determines that suspension or termination of the
    order is favored by a majority of the producers voting in the
    referendum who, during a representative period (as determined by
    the Secretary), have been engaged in the production of milk for
    commercial use and importers voting in the referendum (who have
    been engaged in the importation of dairy products during the same
    representative period, as determined by the Secretary) and shall
    terminate the order in an orderly manner as soon as practicable
    after such determination.
    (c) Action not considered an order
      The termination or suspension of any order, or any provision
    thereof, shall not be considered an order within the meaning of
    this subchapter.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 116, Nov. 29, 1983, 97 Stat. 1141;
    Pub. L. 107-171, title I, Sec. 1505(f), May 13, 2002, 116 Stat.
    209.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-171, which directed amendment of
    section 116(b) of the Dairy Promotion Stabilization Act of 1983 by
    inserting "and importers" after "of producers" and after "whether
    the producers" in first sentence and inserting "and importers
    voting in the referendum (who have been engaged in the importation
    of dairy products during the same representative period, as
    determined by the Secretary)" after "commercial use" in second
    sentence, was executed by making the insertions in subsec. (b) of
    this section, section 116 of the Dairy Production Stabilization Act
    of 1983, to reflect the probable intent of Congress.

-End-

-CITE-
    7 USC Sec. 4508                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4508. Cooperative association representation

-STATUTE-
      Whenever, under the provisions of this subchapter, the Secretary
    is required to determine the approval or disapproval of producers,
    the Secretary shall consider the approval or disapproval by any
    cooperative association of producers, engaged in a bona fide manner
    in marketing milk or the products thereof, as the approval or
    disapproval of the producers who are members of or under contract
    with such cooperative association of producers. If a cooperative
    association of producers elects to vote on behalf of its members,
    such cooperative association shall provide each producer, on whose
    behalf the cooperative association is expressing approval or
    disapproval, a description of the question presented in the
    referendum together with a statement of the manner in which the
    cooperative association intends to cast its vote on behalf of the
    membership. Such information shall inform the producer of
    procedures to follow to cast an individual ballot should the
    producer so choose within the period of time established by the
    Secretary for casting ballots. Such notification shall be made at
    least thirty days prior to the referendum and shall include an
    official ballot. The ballots shall be tabulated by the Secretary
    and the vote of the cooperative association shall be adjusted to
    reflect such individual votes.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 117, Nov. 29, 1983, 97 Stat. 1141.)

-End-

-CITE-
    7 USC Sec. 4509                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4509. Petition and review

-STATUTE-
      (a) Any person subject to any order issued under this subchapter
    may file with the Secretary a petition stating that any such order
    or any provision of such order or any obligation imposed in
    connection therewith is not in accordance with law and requesting a
    modification thereof or an exemption therefrom. The petitioner
    shall thereupon be given an opportunity for a hearing on the
    petition, in accordance with regulations issued by the Secretary.
    After such hearing, the Secretary shall make a ruling on the
    petition, which shall be final if in accordance with law.
      (b) The district courts of the United States in any district in
    which such person is an inhabitant or carries on business are
    hereby vested with jurisdiction to review such ruling, if a
    complaint for that purpose is filed within twenty days from the
    date of the entry of such ruling. Service of process in such
    proceedings may be had on the Secretary by delivering a copy of the
    complaint to the Secretary. If the court determines that such
    ruling is not in accordance with law, it shall remand such
    proceedings to the Secretary with directions either (1) to make
    such ruling as the court shall determine to be in accordance with
    law, or (2) to take such further proceedings as, in its opinion,
    the law requires.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 118, Nov. 29, 1983, 97 Stat. 1142.)

-End-

-CITE-
    7 USC Sec. 4510                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4510. Enforcement

-STATUTE-
    (a) Restraining order; civil action; minor violation
      The district courts of the United States are vested with
    jurisdiction specifically to enforce, and to prevent and restrain
    any person from violating, any order or regulation made or issued
    under this subchapter. Any civil action authorized to be brought
    under this subsection shall be referred to the Attorney General for
    appropriate action, except that the Secretary is not required to
    refer to the Attorney General minor violations of this subchapter
    whenever the Secretary believes that the administration and
    enforcement of this subchapter would be adequately served by
    suitable written notice or warning to any person committing such
    violation.
    (b) Civil penalties
      Any person who willfully violates any provision of any order
    issued by the Secretary under this subchapter shall be assessed a
    civil penalty by the Secretary of not more than $1,000 for each
    such violation and, in the case of a willful failure to pay,
    collect, or remit the assessment as required by the order, in
    addition to the amount due, a penalty equal to the amount of the
    assessment on the quantity of milk as to which the failure applies.
    The amount of any such penalty shall accrue to the United States
    and may be recovered in a civil suit brought by the United States.
    (c) Availability of other remedies
      The remedies provided in subsections (a) and (b) of this section
    shall be in addition to, and not exclusive of, other remedies that
    may be available.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 119, Nov. 29, 1983, 97 Stat. 1142.)

-End-

-CITE-
    7 USC Sec. 4511                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4511. Investigations; power to subpena and take oaths and
      affirmations; aid of courts

-STATUTE-
      The Secretary may make such investigations as the Secretary deems
    necessary for the effective administration of this subchapter or to
    determine whether any person subject to the provisions of this
    subchapter has engaged or is about to engage in any act that
    constitutes or will constitute a violation of any provision of this
    subchapter or of any order, or rule or regulation issued under this
    subchapter. For the purpose of such investigation, the Secretary
    may administer oaths and affirmations, subpena witnesses, compel
    their attendance, take evidence, and require the production of any
    records that are relevant to the inquiry. Such attendance of
    witnesses and the production of any such records may be required
    from any place in the United States. In case of contumacy by, or
    refusal to obey a subpena to, any person, the Secretary may invoke
    the aid of any court of the United States within the jurisdiction
    of which such investigation or proceeding is carried on, or where
    such person resides or carries on business, in requiring the
    attendance and testimony of witnesses and the production of
    records. The court may issue an order requiring such person to
    appear before the Secretary to produce records or to give testimony
    touching the matter under investigation. Any failure to obey such
    order of the court may be punished by such court as a contempt
    thereof. Process in any such case may be served in the judicial
    district in which such person is an inhabitant or wherever such
    person may be found.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 120, Nov. 29, 1983, 97 Stat. 1143.)

-End-

-CITE-
    7 USC Sec. 4512                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4512. Administrative provisions

-STATUTE-
      (a) Nothing in this subchapter may be construed to preempt or
    supersede any other program relating to dairy product promotion
    organized and operated under the laws of the United States or any
    State.
      (b) The provisions of this subchapter applicable to orders shall
    be applicable to amendments to orders.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 121, Nov. 29, 1983, 97 Stat. 1143.)

-End-

-CITE-
    7 USC Sec. 4513                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4513. Authorization of appropriations

-STATUTE-
      There are hereby authorized to be appropriated such funds as are
    necessary to carry out the provisions of this subchapter. The funds
    so appropriated shall not be available for payment of the expenses
    or expenditures of the Board in administering any provisions of any
    order issued under the terms of this subchapter.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 122, Nov. 29, 1983, 97 Stat. 1143.)

-End-

-CITE-
    7 USC Sec. 4514                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-
    Sec. 4514. Dairy reports

-STATUTE-
      The Secretary of Agriculture shall submit to the House Committee
    on Agriculture and the Senate Committee on Agriculture, Nutrition,
    and Forestry the following reports:
        (1) Not later than July 1, 1984, a report on the effect of
      applying, nationally, standards similar to the current California
      standards for fluid milk products in their final consumer form,
      as they would relate to - 
          (A) consumer acceptance, overall consumer consumption trends,
        and total per capita consumption;
          (B) nutritional augmentation, particularly for young and
        older Americans;
          (C) implementing improved interagency enforcement of minimum
        standards to prevent consumer fraud and deception;
          (D) multiple component pricing for producer milk;
          (E) reduced Commodity Credit Corporation purchases;
          (F) consistency of product quality throughout the year and
        between marketing regions of the United States; and
          (G) consumer prices.

        (2) Not later than December 31, 1984, a report on (A)
      recommendations for changes in the application of the parity
      formula to milk so as to make the formula more consistent with
      modern production methods and with special attention to the cost
      of producing milk as a result of changes in productivity, and (B)
      the feasibility of imposing a limitation on the total amount of
      payments and other assistance a producer of milk may receive
      during a year under section 1446(d) of this title.
        (3) Not later than April 15, 1985, a report on the
      effectiveness of the paid diversion program carried out under
      section 1446(d) of this title.
        (4) Not later than July 1, 1985, and July 1 of each year after
      the date of enactment of this title,(!1) an annual report
      describing activities conducted under the dairy products
      promotion and research order issued under this subchapter, and
      accounting for the receipt and disbursement of all funds received
      by the National Dairy Promotion and Research Board under such
      order including an independent analysis of the effectiveness of
      the program.

-SOURCE-
    (Pub. L. 98-180, title III, Sec. 301, Nov. 29, 1983, 97 Stat.
    1150.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this title, referred to in par. (4),
    means the date of enactment of title III of Pub. L. 98-180, which
    was approved Nov. 29, 1983.

-COD-
                               CODIFICATION                           
      Section was enacted as part of Pub. L. 98-180, known as the Dairy
    and Tobacco Adjustment Act of 1983, and not as part of title I of
    Pub. L. 98-180, known as the Dairy Production Stabilization Act of
    1983, subtitle B of which comprises this subchapter.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    7 USC SUBCHAPTER II - DAIRY RESEARCH PROGRAM                01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
                  SUBCHAPTER II - DAIRY RESEARCH PROGRAM              

-End-

-CITE-
    7 USC Sec. 4531                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
    Sec. 4531. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "board" means the board of trustees of the
      Institute;
        (2) the term "Department" means the Department of Agriculture;
        (3) the term "dairy products" means manufactured products that
      are derived from the processing of milk, and includes fluid milk
      products;
        (4) the term "fluid milk products" means those milk products
      normally consumed in liquid form as a beverage;
        (5) the term "Fund" means the Dairy Research Trust Fund
      established by section 4536 of this title;
        (6) the term "Institute" means the National Dairy Research
      Endowment Institute established by section 4532 of this title;
        (7) the term "milk" means any class of cow's milk marketed in
      the United States;
        (8) the term "person" means any individual, group of
      individuals, partnership, corporation, association, cooperative,
      or any other entity;
        (9) the term "producer" means any person engaged in the
      production of milk for commercial use;
        (10) the term "research" means studies testing the
      effectiveness of market development and promotion efforts,
      studies relating to the nutritional value of milk and dairy
      products, and other related efforts to expand demand for milk and
      dairy products;
        (11) the term "Secretary" means the Secretary of Agriculture
      unless the context specifies otherwise; and
        (12) the term "United States" means the several States and the
      territories and possessions of the United States, except that for
      purposes of sections 4532, 4534(a), and 4537 of this title, and
      paragraph (7) of this section, such term means the forty-eight
      contiguous States in the continental United States.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 130, as added Pub. L. 99-198, title
    I, Sec. 121, Dec. 23, 1985, 99 Stat. 1367.)

-End-

-CITE-
    7 USC Sec. 4532                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
    Sec. 4532. Establishment of National Dairy Research Endowment
      Institute

-STATUTE-
      The Secretary of Agriculture may establish in the Department of
    Agriculture a National Dairy Research Endowment Institute whose
    function shall be to aid the dairy industry through the
    implementation of the dairy products research order, which its
    board of trustees shall administer, and the use of monies made
    available to its board of trustees from the Dairy Research Trust
    Fund to implement the order. In implementing the order, the
    Institute shall provide a permanent system for funding scientific
    research activities designed to facilitate the expansion of markets
    for milk and dairy products marketed in the United States. The
    Institute shall be headed by a board of trustees composed of the
    members of the National Dairy Promotion and Research Board. The
    board may appoint from among its members an executive committee
    whose membership shall reflect equally each of the different
    regions in the United States in which milk is produced. The
    executive committee shall have such duties and powers as are
    delegated to it by the board. The members of the board shall serve
    without compensation. While away from their homes or regular places
    of business in the performance of services for the board, members
    of the board shall be allowed reasonable travel expenses, including
    a per diem allowance in lieu of subsistence, as recommended by the
    board and approved by the Secretary, except that there shall be no
    duplication of payment for such expenses.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 131, as added Pub. L. 99-198, title
    I, Sec. 121, Dec. 23, 1985, 99 Stat. 1368.)

-End-

-CITE-
    7 USC Sec. 4533                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
    Sec. 4533. Issuance of order

-STATUTE-
    (a) Publication in Federal Register; public comment; submission
      After receipt of a proposed dairy products research order, the
    Secretary may publish such proposed order in the Federal Register
    and shall give notice and reasonable opportunity for public comment
    on such proposed order. Such proposed order may be submitted by an
    organization certified under section 4505 of this title or by any
    interested person affected by the provisions of subchapter I of
    this chapter.
    (b) Effective date of order
      After the Secretary provides for such publication and a
    reasonable opportunity for a hearing under subsection (a) of this
    section, the Secretary may issue the dairy products research order.
    The order so issued shall become effective not later than 90 days
    after publication in the Federal Register of the order.
    (c) Amendment of order
      The Secretary may amend, from time to time, the dairy products
    research order issued under subsection (b) of this section.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 132, as added Pub. L. 99-198, title
    I, Sec. 121, Dec. 23, 1985, 99 Stat. 1369.)

-End-

-CITE-
    7 USC Sec. 4534                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
    Sec. 4534. Required terms of order; agreements under order; records

-STATUTE-
    (a) Required terms
      The dairy products research order issued under section 4533(b) of
    this title shall - 
        (1) provide for the establishment and administration, by the
      Institute, of appropriate scientific research activities designed
      to facilitate the expansion of markets for dairy products
      marketed in the United States;
        (2) specify the powers of the board, including the powers to - 
          (A) receive and evaluate, or on its own initiative develop
        and budget for, research plans or projects designed to - 
            (i) increase the knowledge of human nutritional needs and
          the relationship of milk and dairy products to these needs;
            (ii) improve dairy processing technologies, particularly
          those appropriate to small- and medium-sized family farms;
            (iii) develop new dairy products; and
            (iv) appraise the effect of such research on the marketing
          of dairy products;

          (B) make recommendations to the Secretary regarding such
        plans and projects;
          (C) administer the order in accordance with its terms and
        provisions;
          (D) make rules and regulations to effectuate the terms and
        provisions of the order;
          (E) receive, investigate, and report to the Secretary
        complaints of violations of the order;
          (F) recommend to the Secretary amendments to the order;
          (G) enter into agreements, with the approval of the
        Secretary, for the conduct of activities authorized under the
        order and for payment of the cost of such activities with any
        monies in the Fund other than monies appropriated or
        transferred by the Secretary to the Fund;
          (H) with the approval of the Secretary, establish advisory
        committees composed of individuals other than members of the
        board, and pay the necessary and reasonable expenses and fees
        of the members of such committees; and
          (I) with the approval of the Secretary, appoint or employ
        such persons, other than members of the board, as the board
        deems necessary and define the duties and determine the
        compensation of each;

        (3) specify the duties of the board, including the duties to - 
          (A) develop, and submit to the Secretary for approval before
        implementation, any research plan or project to be carried out
        under this subchapter;
          (B) submit to the Secretary for approval, budgets, on a
        fiscal year basis, of the board's anticipated expenses and
        disbursements in the administration of the order, including
        projected costs of carrying out dairy products research plans
        and projects;
          (C) prepare and make public, at least annually, a report of
        the board's activities and an accounting for funds received and
        expended by the board;
          (D) maintain such books and records (which shall be available
        to the Secretary for inspection and audit) as the Secretary may
        prescribe;
          (E) prepare and submit to the Secretary, from time to time,
        such reports as the Secretary may prescribe; and
          (F) account for the receipt and disbursement of all funds
        entrusted to the board;

        (4) prohibit any monies received under this subchapter by the
      board to be used in any manner for the purpose of influencing
      governmental policy or actions, except as provided in paragraph
      (2)(F); and
        (5) require that each person receiving milk from producers for
      commercial use and any person marketing milk of that person's own
      production directly to consumers maintain and make available for
      inspection by the Secretary such books and records as may be
      required by the order and file with the Secretary reports at the
      time, in the manner, and having the content prescribed by the
      order.
    (b) Agreements under order
      Any agreement made under subsection (a)(2)(G) of this section
    shall provide that - 
        (1) the person with whom such agreement is made shall develop
      and submit to the board a research plan or project together with
      a budget that shows estimated costs to be incurred to carry out
      such plan or project;
        (2) such plan or project shall become effective on the approval
      of the Secretary; and
        (3) such person shall keep accurate records of all of its
      transactions, account for funds received and expended, make
      periodic reports to the board of activities conducted to carry
      out such plan or project, and submit such other reports as the
      Secretary or the board may require.
    (c) Confidentiality of records; disclosure exceptions; penalty for
      violation
      (1) Information, books, and records made available to, and
    reports filed with, the Secretary under subsection (a)(6) of this
    section shall be kept confidential by all officers and employees of
    the Department, except that such information, books, records, and
    reports as the Secretary deems relevant may be disclosed by such
    officers and employees in any suit or administrative proceeding
    that is brought at the request of the Secretary or to which the
    Secretary or any officer of the United States is a party, and that
    involves the order issued under section 4533(b) of this title.
      (2) Paragraph (1) shall not be construed to prohibit - 
        (A) the issuance of general statements, based on such
      information, books, records, and reports, of the number of
      persons subject to the order or of statistical data collected
      from such persons if such statements do not specifically identify
      the data furnished by any one of such persons; or
        (B) the publication, at the direction of the Secretary, of the
      name of any person violating the order, together with a statement
      of the particular provisions of the order violated by the person.

      (3) No information obtained under the authority of this section
    may be made available to any agency, officer, or employee of the
    United States for any purpose other than the implementation of this
    subchapter and any investigatory or enforcement action necessary to
    implement this subchapter. Any person who violates this paragraph
    shall be subject to a fine of not more than $1,000, or to
    imprisonment for not more than one year, or both, and, if such
    person is employed by the board or the Department, shall be
    terminated from such employment.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 133, as added Pub. L. 99-198, title
    I, Sec. 121, Dec. 23, 1985, 99 Stat. 1369.)

-End-

-CITE-
    7 USC Sec. 4535                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
    Sec. 4535. Petition and review; enforcement; investigations

-STATUTE-
      The provisions of sections 4509, 4510, and 4511 of this title
    shall apply, except when inconsistent with this subchapter, to the
    Institute, the board, the persons subject to the order issued under
    section 4533(b) of this title, the jurisdiction of district courts
    of the United States, and the authority of the Secretary under this
    subchapter in the same manner as such sections apply with respect
    to subchapter I of this chapter.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 134, as added Pub. L. 99-198, title
    I, Sec. 121, Dec. 23, 1985, 99 Stat. 1371.)

-End-

-CITE-
    7 USC Sec. 4536                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
    Sec. 4536. Dairy Research Trust Fund

-STATUTE-
    (a) Establishment
      There may be established in the Treasury of the United States a
    trust fund to be known as the "Dairy Research Trust Fund" if the
    Institute is established under section 4532 of this title and a
    dairy products research order issued under section 4533 of this
    title is effective during such fiscal year.
    (b) Authorization of appropriations; transfer of moneys;
      investments
      (1) There is authorized to be appropriated to the Fund or
    transferred from moneys available to the Commodity Credit
    Corporation for deposit in the Fund, $100,000,000.
      (2) Moneys deposited in the Fund under paragraph (1) shall be
    invested by the Secretary of the Treasury in obligations of the
    United States or any agency thereof, in general obligations of any
    State or any political subdivision thereof, in any interest-bearing
    account or certificate of deposit of a bank that is a member of the
    Federal Reserve System, or in obligations fully guaranteed as to
    principal and interest by the United States. Interest, dividends,
    and other payments that accrue from such investments shall be
    deposited in the Fund and also shall be so invested, subject to
    subsection (c) of this section.
    (c) Availability of moneys for authorized and approved activities
      Moneys in the Fund, other than moneys appropriated or transferred
    under paragraph (1) of subsection (b) of this section, shall be
    available to the board, in such amounts, and for such activities
    authorized by this subchapter, as the Secretary may approve.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 135, as added Pub. L. 99-198, title
    I, Sec. 121, Dec. 23, 1985, 99 Stat. 1371.)

-End-

-CITE-
    7 USC Sec. 4537                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
    Sec. 4537. Termination of order, Institute, and Fund

-STATUTE-
    (a) Termination or suspension of order
      The Secretary, whenever the Secretary finds that the order issued
    under this subchapter or any provision of such order obstructs or
    does not tend to facilitate the expansion of markets for milk and
    dairy products marketed in the United States, shall terminate or
    suspend the operation of the order or such provision.
    (b) Dissolution of Institute
      If the Secretary terminates the order, the Institute shall be
    dissolved 180 days after the termination of the order.
    (c) Disposal of moneys in Fund
      If the Institute is dissolved for any reason, the moneys
    remaining in the Fund shall be disposed of as shall be agreed to by
    the board and the Secretary.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 136, as added Pub. L. 99-198, title
    I, Sec. 121, Dec. 23, 1985, 99 Stat. 1371.)

-End-

-CITE-
    7 USC Sec. 4538                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 76 - DAIRY RESEARCH AND PROMOTION
    SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-
    Sec. 4538. Additional authority

-STATUTE-
      (a) No provision of this subchapter shall be construed to preempt
    or supersede any other program relating to milk or dairy products
    research organized and operated under the laws of the United States
    or any State.
      (b) The provisions of this subchapter applicable to the order
    issued under section 4533(b) of this title shall be applicable to
    any amendment to the order.

-SOURCE-
    (Pub. L. 98-180, title I, Sec. 137, as added Pub. L. 99-198, title
    I, Sec. 121, Dec. 23, 1985, 99 Stat. 1372.)

-End-