dreamproit/uscode huggingface dataset:
7 U.S.C. § 6301 (AGRICULTURE)
§ 6301. Findings and declaration of policy
(a) Findings
Congress finds that—
(1) soybeans are an important source of nutritious foods that are a valuable part of the human diet and are an important feedstuff for the livestock industry;
(2) the production of soybeans plays a significant role in the economy of the United States in that soybeans are produced by thousands of soybean producers, processed by numerous processing entities, and soybeans and soybean products produced in the United States are consumed by people and livestock throughout the United States and foreign countries;
(3) soybeans and soybean products should be readily available and marketed efficiently to ensure that consumers have an adequate supply of soybean products at a reasonable price;
(4) the maintenance and expansion of existing markets and development of new markets for soybeans and soybean products are vital to the welfare of soybean producers and processors and those concerned with marketing soybeans and soybean products, as well as to the general economy of the United States, and are necessary to ensure the ready availability and efficient marketing of soybeans and soybean products;
(5) there exist established State and national organizations conducting soybean promotion, research, and consumer education programs that are valuable to the efforts of promoting the consumption of soybeans and soybean products;
(6) the cooperative development, financing, and implementation of a coordinated national program of soybean promotion, research, consumer information, and industry information are necessary to maintain and expand existing markets and develop new markets for soybeans and soybean products; and
(7) soybeans and soybean products move in interstate and foreign commerce, and soybeans and soybean products that do not move in such channels of commerce directly burden or affect interstate commerce in soybeans and soybean products.
(b) Policy
Congress declares that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for developing, financing through assessments on domestically-produced soybeans, and implementing a program of promotion, research, consumer information, and industry information designed to strengthen the soybean industry’s position in the marketplace, to maintain and expand existing domestic and foreign markets and uses for soybeans and soybean products, and to develop new markets and uses for soybeans and soybean products.
(c) Construction
Nothing in this chapter may be construed to provide for the control of production or otherwise limit the right of individual producers to produce soybeans.
(Pub. L. 101–624, title XIX, § 1966, Nov. 28, 1990, 104 Stat. 3881.)
heading: Short Title
text: Pub. L. 101–624, title XIX, § 1965, Nov. 28, 1990, 104 Stat. 3881, provided that: “This subtitle [subtitle E (§§ 1965–1976) of title XIX of Pub. L. 101–624, enacting this chapter] may be cited as the ‘Soybean Promotion, Research, and Consumer Information Act’.”
7 U.S.C. § 6303 (AGRICULTURE)
§ 6303. Issuance and amendment of orders
(a) In general
To effectuate the declared policy of section 6301(b) of this title, the Secretary, subject to the procedures provided in subsection (b) of this section, shall issue orders under this chapter applicable to producers and first purchasers of soybeans. Any such order shall be national in scope, and not more than one order shall be in effect under this chapter at any one time.
(b) Procedure
(1) Proposal or request for issuance
The Secretary may propose the issuance of an order under this chapter, or an association of soybean producers or any other person that would be affected by an order issued pursuant to this chapter may request the issuance of, and submit a proposal for, such an order.
(2) Notice and comment concerning proposed order
Not later than 30 days after the receipt of a request and proposal for an order pursuant to paragraph (1), or whenever the Secretary determines to propose an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.
(3) Issuance of order
After notice and opportunity for public comment are given as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements under this chapter. Such order shall be issued and become effective not later than 180 days following publication of the proposed order.
(c) Amendments
The Secretary, from time to time, may amend any order issued under this section. The provisions of this chapter applicable to orders shall be applicable to amendments to orders.
(Pub. L. 101–624, title XIX, § 1968, Nov. 28, 1990, 104 Stat. 3883.)
7 U.S.C. § 6306 (AGRICULTURE)
§ 6306. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this chapter may file with the Secretary a petition—
(A) stating that the order, any provision of the order, or any obligation imposed in connection with the order is not established in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary.
(3) Ruling
After a hearing under paragraph (2), the Secretary shall make a ruling on the petition that is the subject of the hearing, which shall be final if such ruling is in accordance with applicable law.
(b) Review
(1) Commencement of action
The district court of the United States in any district in which the person who is a petitioner under subsection (a) of this section resides or carries on business shall have jurisdiction to review a ruling on the petition of such person under such subsection, if a complaint for that purpose is filed not later than 20 days after the date of the entry of a ruling by the Secretary under such subsection (a) of this section.
(2) Process
Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) of this section is not in accordance with applicable law, the court shall remand the matter to the Secretary with directions either—
(A) to make such ruling as the court shall determine to be in accordance with law; or
(B) to take such further proceedings as, in the opinion of the court, the law requires.
(4) Enforcement
The pendency of proceedings instituted under subsection (a) of this section shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 6307 of this title.
(Pub. L. 101–624, title XIX, § 1971, Nov. 28, 1990, 104 Stat. 3900.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
7 U.S.C. § 6308 (AGRICULTURE)
§ 6308. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this chapter; and
(2) to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter, or any order, rule, or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation under subsection (a) of this section, the Secretary may administer oaths and affirmations, and issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 6306 or 6307 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena 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.
(c) Aid of courts
In the case of contumacy by, or refusal to obey a subpoena issued 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 order to enforce a subpoena issued by the Secretary under subsection (b) of this section. The court may issue an order requiring such person to comply with such a subpoena.
(d) Contempt
Any failure to obey an order of the court under this section may be punished by such court as a contempt thereof.
(e) Process
Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.
(f) Hearing site
The site of any hearings held under section 6306 or 6307 of this title shall be within the judicial district where such person resides or has a principal place of business.
(Pub. L. 101–624, title XIX, § 1973, Nov. 28, 1990, 104 Stat. 3902.)
7 U.S.C. § 6309 (AGRICULTURE)
§ 6309. Administrative provisions
(a) Construction
Except as provided in subsection (b) of this section, nothing in this chapter may be construed to—
(1) preempt or supersede any other program relating to soybean promotion, research, consumer information, or industry information organized and operated under the laws of the United States or any State; or
(2) authorize the withholding of any information from Congress.
(b) State laws
(1) Referenda on qualified State soybean boards
To ensure the proper administration of this chapter, no State may conduct a referendum relating to the continuation or termination of a qualified State soybean board or State soybean assessment—
(A) during the period beginning on the date an order is issued under section 6303 of this title and ending 18 months after the referendum on such order is conducted under section 6305(a) of this title; or
(B) if such order is approved under the referendum conducted under section 6305(a) of this title by a majority of producers voting in such State, such State law shall be suspended for an additional 36 months.
(2) Exception
Paragraph (1) shall not be construed to apply to—
(A) a State referendum concerning the approval of modifications to a State soybean promotion program that does not involve termination of the qualified State soybean board or State soybean assessment; and
(B) any State referendum regarding a State soybean promotion program that is originated by soybean producers.
(3) Assessments collected by qualified State soybean boards
To ensure adequate funding of the operations of qualified State soybean boards under this chapter, whenever an order is in effect under this chapter, no State law or regulation that limits the rate of assessment that the qualified State soybean board in that State may collect from producers on soybeans produced in such State, or that has the effect of limiting such rate, may be applied to prohibit such State board from collecting, and expending for authorized purposes, assessments from producers of up to the full amount of the credit authorized for producer contributions to qualified State soybean boards under section 6304(l)(4) of this title.
(c) Amendments to orders
The provisions of this chapter applicable to orders shall be applicable to amendments to orders.
(Pub. L. 101–624, title XIX, § 1974, Nov. 28, 1990, 104 Stat. 3903; Pub. L. 102–237, title VIII, § 806(3), Dec. 13, 1991, 105 Stat. 1883.)
heading: Amendments
text: 1991—Subsec. (b). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments to orders, as (c).
Subsec. (b)(3). Pub. L. 102–237, § 806(3)(A), substituted “section 6304(l)(4)” for “section 6304(k)(4)”.
Subsec. (c). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments of orders, as (c).
7 U.S.C. § 6310 (AGRICULTURE)
§ 6310. Suspension or termination of orders
The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such order or provision. The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this chapter.
(Pub. L. 101–624, title XIX, § 1975, Nov. 28, 1990, 104 Stat. 3904.)
7 U.S.C. § 6311 (AGRICULTURE)
§ 6311. Authorization of appropriations; regulations
(a) In general
There are authorized to be appropriated for each fiscal year such funds as are necessary to carry out this chapter.
(b) Administrative expenses
Funds appropriated under subsection (a) of this section shall not be available for payment of the expenses or expenditures of the Board or the Committee in administering any provision of any order issued under this chapter.
(c) Regulations
The Secretary may issue such regulations as are necessary to carry out this chapter, including regulations relating to the assessment of late payment charges.
(Pub. L. 101–624, title XIX, § 1976, Nov. 28, 1990, 104 Stat. 3904.)
7 U.S.C. § 6403 (AGRICULTURE)
§ 6403. Authority to issue orders
(a) In general
To effectuate the declared policy under section 6401(b) of this title, the Secretary shall issue and from time to time may amend, orders applicable to all fluid milk processors, authorizing—
(1) the collection of assessments on fluid milk products subject to this chapter; and
(2) the use of the assessments to provide research and advertising in a manner prescribed by this chapter.
(b) Scope
Any order issued under this chapter shall be national in scope.
(c) One order
Not more than one order shall be in effect under this chapter at any one time.
(Pub. L. 101–624, title XIX, § 1999D, Nov. 28, 1990, 104 Stat. 3916.)
7 U.S.C. § 6404 (AGRICULTURE)
§ 6404. Notice and comment
Not later than 60 days after the Secretary receives a request for the issuance of an order under this chapter, and a specific proposal for an order from individual fluid milk processors that marketed during a representative period, as determined by the Secretary, not less than 30 percent of the volume of fluid milk products marketed by all processors, the Secretary shall publish the proposed order and give due notice and opportunity for public comment on the proposed order.
(Pub. L. 101–624, title XIX, § 1999E, Nov. 28, 1990, 104 Stat. 3916.)
7 U.S.C. § 6405 (AGRICULTURE)
§ 6405. Findings and issuance of orders
(a) In general
After notice and opportunity for public comment are given, as provided in section 6404 of this title, the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements and the declared policy of this chapter.
(b) Effective date
Such order shall be issued and, if approved by fluid milk processors as provided in section 6413 of this title, shall become effective not later than 180 days following publication of the proposed order.
(Pub. L. 101–624, title XIX, § 1999F, Nov. 28, 1990, 104 Stat. 3916.)
7 U.S.C. § 6408 (AGRICULTURE)
§ 6408. Permissive terms
(a) In general
Each order issued under this chapter may contain one or more of the terms and conditions described in this section.
(b) Advertising
The order may provide for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising of fluid milk products and the use of funds collected under this chapter for such programs or projects.
(c) Research and development
The order may provide for establishing and carrying out research projects and studies to support the advertising efforts for fluid milk products, and the use of funds collected under the order for such projects and studies.
(d) Reserve funds
The order may provide authority to accumulate reserve funds from assessments collected pursuant to the order, to permit an effective and continuous coordinated program of research and advertising in years when the assessment income may be reduced, except that the total reserve fund may not exceed 25 percent of the amount budgeted for the operation in the current fiscal year of the order.
(e) Other terms
The order may contain such other terms and conditions incidental to and not inconsistent with the terms and conditions specified in this chapter as are necessary to effectuate the other provisions of the order.
(Pub. L. 101–624, title XIX, § 1999I, Nov. 28, 1990, 104 Stat. 3920.)
7 U.S.C. § 6409 (AGRICULTURE)
§ 6409. Assessments
(a) In general
The order shall provide that each fluid milk processor shall pay an assessment on each unit of fluid milk product that such person processes and markets commercially in consumer-type packages in the United States.
(b) No effect on producer prices
Such assessments shall not—
(1) reduce the prices paid under the Federal milk marketing orders issued under section 608c of this title;
(2) otherwise be deducted from the amounts that handlers must pay to producers for fluid milk products sold to a processor; or
(3) otherwise be deducted from the price of milk paid to a producer by a handler, as determined by the Secretary.
(c) Remitting assessments
(1) In general
Assessments required under subsection (a) of this section shall be remitted by the fluid milk processor directly to the Board in accordance with the order and regulations issued by the Secretary.
(2) Time to remit assessment
Each processor who is responsible for the remittance of an assessment under paragraph (1) shall remit the assessment to the Board not later than the last day of the month following the month that the milk being assessed was marketed.
(3) Verification
Remittances shall be verified by market administrators and State regulatory officials, and local and State Agricultural Stabilization and Conservation Service offices, as provided by the Secretary.
(d) Limitation on assessments
Not more than one assessment may be assessed under this section for the purposes of this chapter on a processor for any unit of fluid milk product.
(e) Producer-handlers
Producer-handlers that are required to pay the assessment imposed under section 4504(g) of this title, and that are fluid milk processors, shall also be responsible for the additional assessment imposed by this section.
(f) Processor assessment rate
Except as provided in section 6415(b) of this title, the rate of assessment prescribed by the order shall be 20 cents per hundredweight of fluid milk products marketed.
(Pub. L. 101–624, title XIX, § 1999J, Nov. 28, 1990, 104 Stat. 3921; Pub. L. 103–72, § 2(b), Aug. 11, 1993, 107 Stat. 717.)
heading: Amendments
text: 1993—Subsec. (e). Pub. L. 103–72 inserted “, and that are fluid milk processors,” after “section 4504(g) of this title”.
7 U.S.C. § 6410 (AGRICULTURE)
§ 6410. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this chapter may file with the Secretary a petition—
(A) stating that the order, any provision of the order, or any obligation imposed in connection with the order is not established in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) Ruling
After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(b) Review
(1) Commencement of action
The district courts of the United States in any district in which the person who is a petitioner under subsection (a) of this section resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a) of this section.
(2) Process
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—
(A) to make such ruling as the court shall determine to be in accordance with law; or
(B) to take such further proceedings as, in the opinion of the court, the law requires.
(Pub. L. 101–624, title XIX, § 1999K, Nov. 28, 1990, 104 Stat. 3921.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
7 U.S.C. § 6412 (AGRICULTURE)
§ 6412. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this chapter; or
(2) to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter, or any order, rule, or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation under subsection (a) of this section, the Secretary may administer oaths and affirmations, and issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 6410 or 6411 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena 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.
(c) Aid of courts
In the case of contumacy by, or refusal to obey a subpoena issued 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 order to enforce a subpoena issued by the Secretary under subsection (b) of this section. The court may issue an order requiring such person to comply with such a subpoena.
(d) Contempt
Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(e) Process
Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.
(f) Hearing site
The site of any hearings held under section 6410 or 6411 of this title shall be within the judicial district where such person resides or has a principal place of business.
(Pub. L. 101–624, title XIX, § 1999M, Nov. 28, 1990, 104 Stat. 3924.)