dreamproit/uscode huggingface dataset:
7 U.S.C. § 4311 (AGRICULTURE)
§ 4311. Exemption from assessments
Any producer or importer whose total sales of flowers and plants do not exceed $100,000 during a twelve consecutive month period prior to the date an assessment is due and payable shall be exempt from assessments under this chapter under such conditions and procedures as may be prescribed in the order or rules and regulations issued thereunder and shall not vote in any referendum under this chapter: Provided, That the Floraboard shall have the discretion to make annual adjustments in the level of exemption to account for inflation. For the purpose of this section, a producer’s or importer’s total sales shall include, in those cases in which the producer or importer is an individual, sales attributable to such person’s spouse, children, grandchildren, and parents; in those cases in which the producer or importer is a partnership or a member of a partnership, sales attributable to the other partners; and, in those cases in which the producer or importer is a corporation, sales attributable to any corporate subsidiaries of which such corporation owns 50 per centum or more of the stock, or if such subsidiaries are not corporations, subsidiaries which are controlled by such corporation. In addition, in determining a producer’s or importer’s total sales, the sales of any corporation in which such producer or importer owns 50 per centum or more of the stock shall be attributed to such producer or importer. For these purposes stock in the same corporation which is owned by such producer’s or importer’s spouse, children, grandchildren, parents, partners, and any corporation 50 per centum or more of whose stock is owned by the producer or importer shall be treated as owned by the producer or importer.
(Pub. L. 97–98, title XVII, § 1712, Dec. 22, 1981, 95 Stat. 1354.)
7 U.S.C. § 4312 (AGRICULTURE)
§ 4312. Refund of assessments
Notwithstanding any other provisions of this chapter, any producer or importer who pays an assessment shall have the right to demand and receive from the Floraboard a refund of such assessment: Provided, That such demand shall be made by such producer or importer in accordance with regulations and on a form and within a time period prescribed by the Floraboard and approved by the Secretary, but in no event more than sixty days after the end of the month in which the assessment was paid. Such refund shall be made not later than sixty days after submission of proof satisfactory to the Floraboard that the producer or importer paid the assessment for which refund is sought.
(Pub. L. 97–98, title XVII, § 1713, Dec. 22, 1981, 95 Stat. 1355.)
7 U.S.C. § 4313 (AGRICULTURE)
§ 4313. Administrative and judicial review; procedures applicable
(a) Any person subject to any order may file a written petition with the Secretary, stating that any such order or any provisions of such order or any obligations imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations prescribed by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such 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, provided 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 upon the Secretary by delivering to the Secretary a copy of the complaint. 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. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 4314(a) of this title.
(Pub. L. 97–98, title XVII, § 1714, Dec. 22, 1981, 95 Stat. 1355.)
7 U.S.C. § 4315 (AGRICULTURE)
§ 4315. Certification of organizations; applicable criteria and considerations
The eligibility of any organization to represent producers of flowers and plants of any producing area of the United States or importers of flowers and plants, for purposes of requesting the issuance of an order under section 4304 of this title, or making nominations under section 4306(2) of this title, shall be certified by the Secretary. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, 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, the proportion of such active membership accounted for by producers and importers, and information as to the volume of production by State or the volume of importation by country accounted for by the organization’s producer and importer members;
(3) the extent to which the producer and importer membership of such organization is represented in setting the organization’s policies;
(4) evidence of stability and permanency of the organization;
(5) sources from which the organization’s operating funds are derived;
(6) functions of the organization;
(7) whether the majority of the governing board of the organization is composed of producers and importers; and
(8) the organization’s ability and willingness to further the aims and objectives of this chapter.
The primary consideration in determining the eligibility of any organization shall be whether its membership consists of a substantial number of producers and importers who produce and import a substantial volume of flowers and plants. The Secretary shall certify any organization which is found to be eligible under this section, and the Secretary’s determination as to eligibility shall be final. Whenever more than one organization is certified in any geographic area, such organizations may caucus to determine the area’s nominations under section 4306(2) of this title.
(Pub. L. 97–98, title XVII, § 1716, Dec. 22, 1981, 95 Stat. 1357.)
7 U.S.C. § 4317 (AGRICULTURE)
§ 4317. Investigations; subpena powers, etc.; enforcement
The Secretary may make such investigations as are deemed necessary to carry out the Secretary’s responsibilities under this chapter or to determine whether a producer, importer, wholesaler, retailer, or other seller of flowers and plants, or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this chapter, or of any order, or rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which 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, including a producer of flowers and plants, 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 books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, 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. All processes in any such cases may be served in the judicial district wherein such person is an inhabitant or wherever such person may be found.
(Pub. L. 97–98, title XVII, § 1718, Dec. 22, 1981, 95 Stat. 1357.)
7 U.S.C. § 4318 (AGRICULTURE)
§ 4318. Separability
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
(Pub. L. 97–98, title XVII, § 1719, Dec. 22, 1981, 95 Stat. 1358.)
7 U.S.C. § 4319 (AGRICULTURE)
§ 4319. Authorization of appropriations
There are authorized to be appropriated out of any money in the Treasury not otherwise appropriated such funds as are necessary to carry out the provisions of this chapter. The funds so appropriated shall not be available for payment of the expenses or expenditures of the Floraboard in administering any provisions of any order issued pursuant to the terms of this chapter.
(Pub. L. 97–98, title XVII, § 1720, Dec. 22, 1981, 95 Stat. 1358.)
7 U.S.C. § 4401 (AGRICULTURE)
§ 4401. Congressional findings and declaration of purpose
Congress hereby finds and declares that—
(1) the United States, as a member of the Economic Commission for Europe of the United Nations, participated in development by that Commission of the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for Such Carriage;
(2) the agreement requires that equipment involved in the international carriage of perishable foodstuffs be inspected, tested, and certified to specified standards;
(3) this chapter will make it possible for equipment in the United States to be inspected, tested, and certified in accordance with the agreement and the standards specified therein; and
(4) this chapter will improve the conditions for the movement of perishable foodstuffs in international carriage in equipment owned or operated by United States firms, which will serve to protect existing trade and promote expansion of trade in perishable foodstuffs, and will improve the sale of United States manufactured equipment for use in international carriage.
(Pub. L. 97–325, § 2, Oct. 15, 1982, 96 Stat. 1603.)
heading: References in Text
text: This chapter, referred to in pars. (3) and (4), was in the original “this Act”, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Carriage of Perishable Foodstuffs Act, which enacted this chapter and section 2212c of this title, amended sections 5315 and 5316 of Title 5, Government Organization and Employees, repealed section 3 of Reorg. Plan No. 2 of 1953, and enacted provisions set out as a note under section 2212c of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Short Title
text: Pub. L. 97–325, § 1, Oct. 15, 1982, 96 Stat. 1603, provided: “That this Act [enacting this chapter and section 2212c of this title, amending sections 5315 and 5316 of Title 5, Government Organization and Employees, repealing section 3 of Reorg. Plan No. 2 of 1953, and enacting provisions set out as a note under section 2212c of this title] may be cited as the ‘International Carriage of Perishable Foodstuffs Act’.”
7 U.S.C. § 4402 (AGRICULTURE)
§ 4402. Definitions
As used in this chapter—
(1) The term “agreement” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for Such Carriage, and the annexes and the appendices thereto, done at Geneva, September 1, 1970, under the auspices of the Economic Commission for Europe of the United Nations.
(2) The term “contracting party” means any country that is eligible under article 9 of the agreement and that has complied with the terms of such article.
(3) The term “equipment” means the special transport equipment that complies with the definitions and standards set forth in annex 1 to the agreement, including, but not limited to, railway cars, trucks, trailers, semitrailers, and intermodal freight containers that are insulated only, or insulated and equipped with a refrigerating, mechanically refrigerating, or heating appliance.
(4) The term “perishable foodstuffs” means quick deep-frozen and frozen food products listed in annex 2 and food products listed in annex 3 to the agreement.
(5) The term “international carriage” means transportation of perishable foodstuffs if such foodstuffs are loaded in equipment or the equipment containing them is loaded onto a rail or road vehicle, in the territory of any country and such foodstuffs are, or the equipment containing them is, unloaded in the territory of another country that is a contracting party, where such transportation is by—
(A) rail,
(B) road,
(C) any combination of rail and road, or
(D) any sea crossing of less than one hundred and fifty kilometers, if preceded or followed by one or more land journeys as referred to in clauses (A), (B), and (C) of this paragraph, and the perishable foodstuffs are shipped in the same equipment used for such land journeys without transloading of such foodstuffs.
In the case of any transportation that involves one or more sea crossings other than as specified in clause (D) of this paragraph, each land journey shall be considered separately.
(6) The term “United States” means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
(Pub. L. 97–325, § 3, Oct. 15, 1982, 96 Stat. 1603.)
7 U.S.C. § 4403 (AGRICULTURE)
§ 4403. Duties of Secretary of Agriculture
The Secretary of Agriculture of the United States shall be the competent authority to implement the agreement. To ensure compliance with the standards specified in the agreement, the Secretary of Agriculture may—
(1) designate appropriate organizations to inspect or test equipment, or both;
(2) issue certificates of compliance in accordance with annex 1, appendix 1, paragraph 4 of the agreement;
(3) prescribe such regulations as may be necessary to implement the agreement and administer this chapter, including, but not limited to, provision for suspending or denying the designation of any organization to inspect or test equipment and for denying the issuance of certificates of compliance as may be necessary to ensure compliance with the provisions of this chapter and the regulations issued thereunder;
(4) make periodic onsite inspections of facilities and procedures used by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this chapter;
(5) require submission of reports by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this chapter;
(6) require maintenance of records by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this chapter, such records to be made available to the Secretary upon request;
(7) inform contracting parties, through the Secretary of State of the United States, of all general measures taken in connection with the implementation of the agreement; and
(8) take such other action as may be considered appropriate to implement the agreement and administer this chapter.
(Pub. L. 97–325, § 4, Oct. 15, 1982, 96 Stat. 1604.)
7 U.S.C. § 4404 (AGRICULTURE)
§ 4404. Duties of Secretary of State
The Secretary of State, with the concurrence of the Secretary of Agriculture, may take such action as may be considered appropriate to assert and protect the rights of the United States under the agreement.
(Pub. L. 97–325, § 5, Oct. 15, 1982, 96 Stat. 1605.)
7 U.S.C. § 4405 (AGRICULTURE)
§ 4405. Fees and charges
(a) Testing or inspection
Any organization designated by the Secretary of Agriculture to test or inspect equipment may establish reasonable fees to cover the costs of such testing or inspection. Such fees shall be payable directly to the organization by those seeking inspection or testing.
(b) Issuance of certificates of compliance
The Secretary of Agriculture may, effective October 1, 1982, fix and cause to be collected reasonable fees to cover, as nearly as practicable, the costs to the Department of Agriculture incurred in connection with the issuance of certificates of compliance as provided under section 4403(2) of this title. All fees collected shall be credited to the current appropriation account that incurs the cost and shall be available without fiscal year limitation to pay the expenses of the Secretary of Agriculture incident to the issuance of certificates of compliance under this chapter.
(Pub. L. 97–325, § 6, Oct. 15, 1982, 96 Stat. 1605.)
7 U.S.C. § 4406 (AGRICULTURE)
§ 4406. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Agriculture for the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, such sums as are necessary to carry out the provisions of this chapter, but not to exceed $100,000 in any fiscal year.
(Pub. L. 97–325, § 7, Oct. 15, 1982, 96 Stat. 1605.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 97–325 which enacted this chapter and section 2212c of this title, amended sections 5315 and 5316 of Title 5, Government Organization and Employees, repealed section 3 of Reorg. Plan No. 2 of 1953, and enacted provisions set out as a note under section 2212c of this title.
7 U.S.C. § 4501 (AGRICULTURE)
§ 4501. Congressional findings and declaration of policy
(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.
(Pub. L. 98–180, title I, § 110, Nov. 29, 1983, 97 Stat. 1136; Pub. L. 107–171, title I, § 1505(h)(1), May 13, 2002, 116 Stat. 210.)
heading: Amendments
text: 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.
heading: Short Title
text: 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.
7 U.S.C. § 4503 (AGRICULTURE)
§ 4503. Issuance of orders
(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.
(Pub. L. 98–180, title I, § 112, Nov. 29, 1983, 97 Stat. 1137; Pub. L. 107–171, title I, § 1505(g), May 13, 2002, 116 Stat. 209.)
heading: Amendments
text: 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.
7 U.S.C. § 4505 (AGRICULTURE)
§ 4505. Certification of organizations
(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.
(Pub. L. 98–180, title I, § 114, Nov. 29, 1983, 97 Stat. 1140.)