dreamproit/uscode huggingface dataset:
7 U.S.C. § 4506 (AGRICULTURE)
§ 4506. Requirement of referendum
(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.
(Pub. L. 98–180, title I, § 115, Nov. 29, 1983, 97 Stat. 1141.)
7 U.S.C. § 4507 (AGRICULTURE)
§ 4507. Suspension and termination of orders
(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.
(Pub. L. 98–180, title I, § 116, Nov. 29, 1983, 97 Stat. 1141; Pub. L. 107–171, title I, § 1505(f), May 13, 2002, 116 Stat. 209.)
heading: Amendments
text: 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.
7 U.S.C. § 4508 (AGRICULTURE)
§ 4508. Cooperative association representation
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.
(Pub. L. 98–180, title I, § 117, Nov. 29, 1983, 97 Stat. 1141.)
7 U.S.C. § 4509 (AGRICULTURE)
§ 4509. Petition and review
(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.
(Pub. L. 98–180, title I, § 118, Nov. 29, 1983, 97 Stat. 1142.)
7 U.S.C. § 4510 (AGRICULTURE)
§ 4510. Enforcement
(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.
(Pub. L. 98–180, title I, § 119, Nov. 29, 1983, 97 Stat. 1142.)
7 U.S.C. § 4511 (AGRICULTURE)
§ 4511. Investigations; power to subpena and take oaths and affirmations; aid of courts
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.
(Pub. L. 98–180, title I, § 120, Nov. 29, 1983, 97 Stat. 1143.)
7 U.S.C. § 4512 (AGRICULTURE)
§ 4512. Administrative provisions
(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.
(Pub. L. 98–180, title I, § 121, Nov. 29, 1983, 97 Stat. 1143.)
7 U.S.C. § 4513 (AGRICULTURE)
§ 4513. Authorization of appropriations
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.
(Pub. L. 98–180, title I, § 122, Nov. 29, 1983, 97 Stat. 1143.)
7 U.S.C. § 4514 (AGRICULTURE)
§ 4514. Dairy reports
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.
(Pub. L. 98–180, title III, § 301, Nov. 29, 1983, 97 Stat. 1150.)
heading: References in Text
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.
heading: Codification
text: 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.
7 U.S.C. § 4531 (AGRICULTURE)
§ 4531. Definitions
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”, when used in a geographical sense, means all of the States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 98–180, title I, § 130, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1367; amended Pub. L. 110–234, title I, § 1507(c), May 22, 2008, 122 Stat. 997; Pub. L. 110–246, § 4(a), title I, § 1507(c), June 18, 2008, 122 Stat. 1664, 1725.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Par. (12). Pub. L. 110–246, § 1507(c), added par. (12) and struck out former par. (12) which read as follows: “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.”
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
7 U.S.C. § 4532 (AGRICULTURE)
§ 4532. Establishment of National Dairy Research Endowment Institute
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.
(Pub. L. 98–180, title I, § 131, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1368.)
7 U.S.C. § 4533 (AGRICULTURE)
§ 4533. Issuance of order
(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.
(Pub. L. 98–180, title I, § 132, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1369.)
7 U.S.C. § 4535 (AGRICULTURE)
§ 4535. Petition and review; enforcement; investigations
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.
(Pub. L. 98–180, title I, § 134, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1371.)
7 U.S.C. § 4536 (AGRICULTURE)
§ 4536. Dairy Research Trust Fund
(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.
(Pub. L. 98–180, title I, § 135, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1371.)
7 U.S.C. § 4537 (AGRICULTURE)
§ 4537. Termination of order, Institute, and Fund
(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.
(Pub. L. 98–180, title I, § 136, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1371.)
7 U.S.C. § 4538 (AGRICULTURE)
§ 4538. Additional authority
(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.
(Pub. L. 98–180, title I, § 137, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1372.)
7 U.S.C. § 4603 (AGRICULTURE)
§ 4603. Honey research, promotion, and consumer information order
To effectuate the declared policy of this chapter, the Secretary shall, subject to the provisions of this chapter, issue and, from time to time, amend orders and regulations applicable to persons engaged in the production, sale, or handling of honey and honey products in the United States and the importation of honey and honey products into the United States.
(Pub. L. 98–590, § 4, Oct. 30, 1984, 98 Stat. 3116; Pub. L. 105–185, title VI, § 605(c), June 23, 1998, 112 Stat. 589.)
heading: Amendments
text: 1998—Pub. L. 105–185 inserted “and regulations” after “orders”.
heading: Conforming Amendment to Order
text: Pub. L. 101–624, title XIX, § 1987, Nov. 28, 1990, 104 Stat. 3908, provided that: “Notwithstanding any provision of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et seq.), the Secretary of Agriculture, after notice and opportunity for public comment, shall issue an amendment to the order in effect under such Act on the date of the enactment of this Act [Nov. 28, 1990] to conform such order to the amendments made by this subtitle [subtitle F (§§ 1981–1989) of title XIX of Pub. L. 101–624, enacting section 4610a of this title and amending sections 1787, 4602, 4606, 4608, and 4612 of this title], which shall become effective on the date of the publication of such amendment to the order in the Federal Register without a referendum thereon (except for the referendum specifically provided for under section 1985 [amending section 4612 of this title]). The Secretary shall issue such amendment to the order in final form not later than 150 days after the date of the enactment of this Act.”