dreamproit/uscode huggingface dataset:
7 U.S.C. § 4604 (AGRICULTURE)
§ 4604. Notice and hearing
(a) Notice and comment
In issuing an order under this chapter, an amendment to an order, or a regulation to carry out this chapter, the Secretary shall comply with section 553 of title 5.
(b) Formal agency action
Sections 556 and 557 of that title shall not apply with respect to the issuance of an order, an amendment to an order, or a regulation under this chapter.
(c) Proposal of an order
A proposal for an order may be submitted to the Secretary by any organization or interested person affected by this chapter.
(Pub. L. 98–590, § 5, Oct. 30, 1984, 98 Stat. 3117; Pub. L. 105–185, title VI, § 605(d), June 23, 1998, 112 Stat. 589.)
heading: Amendments
text: 1998—Pub. L. 105–185 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Whenever the Secretary has reason to believe that the issuance of an order will assist in carrying out the purpose of this chapter, the Secretary shall provide due notice of and opportunity for a hearing upon a proposed order. Such hearing may be requested and a proposal for an order submitted by any organization or interested person affected by the provisions of this chapter.”
7 U.S.C. § 4605 (AGRICULTURE)
§ 4605. Findings and issuance of order
After notice and opportunity for comment has been provided in accordance with section 4604(a) of this title, the Secretary shall issue an order, an amendment to an order, or a regulation under this chapter, if the Secretary finds, and specifies in the order, amendment, or regulation, that the issuance of the order, amendment, or regulation will assist in carrying out the purposes of this chapter.
(Pub. L. 98–590, § 6, Oct. 30, 1984, 98 Stat. 3117; Pub. L. 105–185, title VI, § 605(e), June 23, 1998, 112 Stat. 589.)
heading: Amendments
text: 1998—Pub. L. 105–185 amended section catchline and text generally. Prior to amendment, text read as follows: “After notice of and opportunity for a hearing has been provided in accordance with section 4604 of this title, the Secretary shall issue an order if the Secretary finds, and sets forth in such order, that, upon the evidence introduced at such hearing, the issuance of such order and all the terms and conditions thereof will assist in carrying out the purpose of this chapter.”
7 U.S.C. § 4609 (AGRICULTURE)
§ 4609. Petition and review
(a) Filing of petition; hearing
(1) In general
Subject to paragraph (4), a person subject to an order may file a written petition with the Secretary—
(A) that states that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law; and
(B) that requests—
(i) a modification of the order, provision, or obligation; or
(ii) to be exempted from the order, provision, or obligation.
(2) Hearing
In accordance with regulations issued by the Secretary, the petitioner shall be given an opportunity for a hearing on the petition.
(3) Ruling
After the hearing, the Secretary shall make a ruling on the petition that shall be final, if in accordance with law.
(4) Statute of limitations
A petition filed under this subsection that challenges an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed not later than 2 years after the later of—
(A) the effective date of the order, provision, or obligation challenged in the petition; or
(B) the date on which the petitioner became subject to the order, provision, or obligation challenged in the petition.
(b) District court; jurisdiction; review; rulings
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 4610 of this title.
(Pub. L. 98–590, § 10, Oct. 30, 1984, 98 Stat. 3121; Pub. L. 105–185, title VI, § 605(i), June 23, 1998, 112 Stat. 599.)
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–185 added subsec. (a) and struck out former subsec. (a) which read as follows: “Any person subject to an order may file, within a period prescribed by the Secretary, a written petition with the Secretary, stating that 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 to be exempted therefrom. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Secretary. After such hearing, the Secretary shall make a ruling upon such petition which shall be final, if in accordance with law.”
7 U.S.C. § 4610a (AGRICULTURE)
§ 4610a. Investigations and power to subpoena
(a) In general
The Secretary may make such investigations as the Secretary determines necessary—
(1) for the effective administration of this chapter; or
(2) to determine whether a person has engaged or is engaging in any act or practice that constitutes a violation of any provision of this chapter, or of any order, rule, or regulation issued under this chapter.
(b) Power to subpoena
(1) Investigations
For the purpose of an investigation made under subsection (a) of this section, the Secretary is authorized to administer oaths and affirmations and to 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 4609 or 4610 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 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 4609 or 4610 of this title shall be within the judicial district where such person resides or has a principal place of business.
(Pub. L. 98–590, § 11A, as added Pub. L. 101–624, title XIX, § 1986, Nov. 28, 1990, 104 Stat. 3908; amended Pub. L. 102–237, title VIII, § 807(2), Dec. 13, 1991, 105 Stat. 1883.)
heading: Amendments
text: 1991—Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “4609 or”.
7 U.S.C. § 4701 to 4710 (AGRICULTURE)
§§ 4701 to 4710. Repealed. Pub. L. 101–624, title XVI, § 1620(a), Nov. 28, 1990, 104 Stat. 3734
text: Section 4701, Pub. L. 99–198, title XIV, § 1461, Dec. 23, 1985, 99 Stat. 1562, provided definitions for chapter.
text: Section 4702, Pub. L. 99–198, title XIV, § 1462, Dec. 23, 1985, 99 Stat. 1563, set forth Congressional findings.
text: Section 4703, Pub. L. 99–198, title XIV, § 1463, Dec. 23, 1985, 99 Stat. 1563, set forth purposes of chapter.
text: Section 4704, Pub. L. 99–198, title XIV, § 1464, Dec. 23, 1985, 99 Stat. 1564, related to information study.
text: Section 4705, Pub. L. 99–198, title XIV, § 1465, Dec. 23, 1985, 99 Stat. 1564, authorized research projects to promote purposes of chapter.
text: Section 4706, Pub. L. 99–198, title XIV, § 1466, Dec. 23, 1985, 99 Stat. 1565, related to coordination of projects.
text: Section 4707, Pub. L. 99–198, title XIV, § 1467, Dec. 23, 1985, 99 Stat. 1565, required reports to Congress.
text: Section 4708, Pub. L. 99–198, title XIV, § 1468, Dec. 23, 1985, 99 Stat. 1565, authorized agreements with other expert entities.
text: Section 4709, Pub. L. 99–198, title XIV, § 1469, Dec. 23, 1985, 99 Stat. 1565, related to dissemination of data.
text: Section 4710, Pub. L. 99–198, title XIV, § 1470, Dec. 23, 1985, 99 Stat. 1566, authorized appropriations to carry out chapter.
heading: Effective Date
text: Pub. L. 99–198, title XIV, subtitle C (§§ 1461–1471), § 1471, Dec. 23, 1985, 99 Stat. 1566, which provided that this chapter was effective Oct. 1, 1985, was repealed by Pub. L. 101–624, title XVI, § 1620(a), Nov. 28, 1990, 104 Stat. 3734.
7 U.S.C. § 4801 (AGRICULTURE)
§ 4801. Congressional findings and declaration of purpose
(a) Congress finds that—
(1) pork and pork products are basic foods that are a valuable and healthy part of the human diet;
(2) the production of pork and pork products plays a significant role in the economy of the United States because pork and pork products are—
(A) produced by thousands of producers, including many small- and medium-sized producers; and
(B) consumed by millions of people throughout the United States on a daily basis;
(3) pork and pork products must be available readily and marketed efficiently to ensure that the people of the United States receive adequate nourishment;
(4) the maintenance and expansion of existing markets, and development of new markets, for pork and pork products are vital to—
(A) the welfare of pork producers and persons concerned with producing and marketing pork and pork products; and
(B) the general economy of the United States;
(5) pork and pork products move in interstate and foreign commerce;
(6) pork and pork products that do not move in such channels of commerce directly burden or affect interstate commerce in pork and pork products; and
(7) in recent years, increasing quantities of low-cost, imported pork and pork products have been brought into the United States and replaced domestic pork and pork products in normal channels of trade.
(b)
(1) It is the purpose of this chapter to authorize the establishment of an orderly procedure for financing, through adequate assessments, and carrying out an effective and coordinated program of promotion, research, and consumer information designed to—
(A) strengthen the position of the pork industry in the marketplace; and
(B) maintain, develop, and expand markets for pork and pork products.
(2) Such procedure shall be implemented, and such program shall be conducted, at no cost to the Federal Government.
(3) Nothing in this chapter may be construed to—
(A) permit or require the imposition of quality standards for pork or pork products;
(B) provide for control of the production of pork or pork products; or
(C) otherwise limit the right of an individual pork producer to produce pork and pork products.
(Pub. L. 99–198, title XVI, § 1612, Dec. 23, 1985, 99 Stat. 1607.)
heading: Effective Date
text: Pub. L. 99–198, title XVI, § 1631, Dec. 23, 1985, 99 Stat. 1622, provided that: “This subtitle [subtitle B (§§ 1611–1631) of title XVI of Pub. L. 99–198, enacting this chapter] shall become effective on January 1, 1986.”
heading: Short Title
text: Pub. L. 99–198, title XVI, § 1611, Dec. 23, 1985, 99 Stat. 1606, provided that: “This subtitle [subtitle B (§§ 1611–1631) of title XVI of Pub. L. 99–198, enacting this chapter] may be cited as the ‘Pork Promotion, Research, and Consumer Information Act of 1985’.”
7 U.S.C. § 4802 (AGRICULTURE)
§ 4802. Definitions
For purposes of this chapter:
(1) The term “Board” means the National Pork Board established under section 4808 of this title.
(2) The term “consumer information” means an activity intended to broaden the understanding of sound nutritional attributes of pork or pork products, including the role of pork or pork products in a balanced, healthy diet.
(3) The term “Delegate Body” means the National Pork Producers Delegate Body established under section 4806 of this title.
(4) The term “imported” means entered, or withdrawn from a warehouse for consumption, in the customs territory of the United States.
(5) The term “importer” means a person who imports porcine animals, pork, or pork products into the United States.
(6) The term “order” means a pork and pork products promotion, research, and consumer information order issued under section 4803 of this title.
(7) The term “person” means an individual, group of individuals, partnership, corporation, association, organization, cooperative, or other entity.
(8) The term “porcine animal” means a swine raised for—
(A) feeder pigs;
(B) seedstock; or
(C) slaughter.
(9) The term “pork” means the flesh of a porcine animal.
(10) The term “pork product” means a product produced or processed in whole or in part from pork.
(11) The term “producer” means a person who produces porcine animals in the United States for sale in commerce.
(12) The term “promotion” means an action, including paid advertising, taken to present a favorable image for porcine animals, pork, or pork products to the public with the intent of improving the competitive position and stimulating sales of porcine animals, pork, or pork products.
(13) The term “research” means—
(A) research designed to advance, expand, or improve the image, desirability, nutritional value, usage, marketability, production, or quality of porcine animals, pork, or pork products; or
(B) dissemination to a person of the results of such research.
(14) The term “Secretary” means the Secretary of Agriculture.
(15) The term “State” means each of the 50 States.
(16) The term “State association” means—
(A) the single organization of pork producers in a State that is—
(i) organized under the laws of the State in which such association operates; and
(ii) recognized by the chief executive officer of such State as representing the pork producers of such State; or
(B) if such organization does not exist on January 1, 1986, an organization that represents not fewer than 50 pork producers who market annually, in the aggregate, not less than 10 percent of the volume (measured in pounds) of porcine animals marketed in such State.
(17) The term “to market” means to sell or to otherwise dispose of a porcine animal, pork, or pork product in commerce.
(Pub. L. 99–198, title XVI, § 1613, Dec. 23, 1985, 99 Stat. 1607.)
7 U.S.C. § 4803 (AGRICULTURE)
§ 4803. Pork and pork product orders
(a) To carry out this chapter, the Secretary shall, in accordance with this chapter, issue and, from time to time, amend orders applicable to persons engaged in—
(1) the production and sale of porcine animals, pork, and pork products in the United States; and
(2) the importation of porcine animals, pork, or pork products into the United States.
(b) The Secretary may issue such regulations as are necessary to carry out this chapter.
(Pub. L. 99–198, title XVI, § 1614, Dec. 23, 1985, 99 Stat. 1609.)
7 U.S.C. § 4804 (AGRICULTURE)
§ 4804. Notice and hearing
During the period beginning on January 1, 1986, and ending 30 days after receipt of a proposal for an initial order submitted by any person affected by this chapter, the Secretary shall—
(1) publish such proposed order; and
(2) give due notice of and opportunity for public comment on such proposed order.
(Pub. L. 99–198, title XVI, § 1615, Dec. 23, 1985, 99 Stat. 1609.)
7 U.S.C. § 4805 (AGRICULTURE)
§ 4805. Findings and issuance of orders
(a) Necessary findings
After notice and opportunity for public comment have been provided in accordance with section 4804 of this title, the Secretary shall issue and publish an order if the Secretary finds, and sets forth in such order, that the issuance of such order and all terms and conditions thereof will assist in carrying out this chapter.
(b) Number of orders in effect at a time
Not more than one order may be in effect at a time.
(c) Effective date
An order shall become effective on a date that is not more than 90 days following the publication of such order.
(d) Terms and conditions
An order shall contain such terms and conditions as are required in sections 4806 through 4809 of this title and, except as provided in section 4810 of this title, no others.
(Pub. L. 99–198, title XVI, § 1616, Dec. 23, 1985, 99 Stat. 1609.)
7 U.S.C. § 4810 (AGRICULTURE)
§ 4810. Permissive provisions
(a) Recordkeeping and reporting requirements; incidental and necessary terms and conditions
On the recommendation of the Board, and with the approval of the Secretary, an order may contain one or more of the following provisions:
(1) Each person purchasing a porcine animal from a producer for commercial use, and each importer, shall—
(A) maintain and make available for inspection such books and records as may be required by the order; and
(B) file reports at the time, in the manner, and having the content prescribed by the order,
including documentation of the State of origin of a purchased porcine animal or the place of origin of an imported porcine animal, pork, or pork product.
(2) A term or condition—
(A) incidental to, and not inconsistent with, the terms and conditions specified in this chapter; and
(B) necessary to effectuate the other provisions of such order.
(b) Availability of information to Secretary and Board; confidentiality; disclosure; issuance of general statement, statistical data, or name of violator of order
(1) Information referred to in subsection (a)(1) of this section shall be made available to the Secretary and the Board as is appropriate or necessary for the effectuation, administration, or enforcement of this chapter or an order.
(2)
(A) Except as provided in subparagraphs (B) and (C), information obtained under subsection (a)(1) of this section shall be kept confidential by officers or employees of the Department of Agriculture or the Board.
(B) Such information may be disclosed only—
(i) in a suit or administrative hearing involving the order with respect to which the information was furnished or acquired—
(I) brought at the direction or on the request of the Secretary; or
(II) to which the Secretary or an officer of the United States is a party; and
(ii) if the Secretary considers such information to be relevant to such suit or hearing.
(C) Nothing in this section prohibits—
(i) the issuance of a general statement based on the reports of a number of persons subject to an order, or statistical data collected therefrom, if such statement or data does not identify the information furnished by any person; or
(ii) the publication, by direction of the Secretary, of the name of a person violating an order, together with a statement of the particular provisions of the order violated by such person.
(c) Penalty for willful violations
A person who willfully violates subsection (a)(1) or (b) of this section shall, on conviction, be—
(1) subject to a fine of not more than $1,000 or imprisoned for not more than 1 year, or both; and
(2) if such person is an employee of the Department of Agriculture or the Board, removed from office.
(Pub. L. 99–198, title XVI, § 1621, Dec. 23, 1985, 99 Stat. 1617.)
7 U.S.C. § 4811 (AGRICULTURE)
§ 4811. Referendum
(a) Continuation of order
For the purpose of determining whether an order then 1 effect shall be continued during the period beginning not earlier than 24 months after the issuance of the order and ending not later than 30 months after the issuance of the order, the Secretary shall conduct a referendum among persons who have been pork producers and importers during a representative period, as determined by the Secretary.
(b) Factors determining continuation; termination of order
(1) Such order shall be continued only if the Secretary determines that such order has been approved by not less than a majority of the producers and importers voting in the referendum.
(2) If the continuation of such order is not approved by a majority of the producers and importers voting in the referendum, the Secretary shall terminate—
(A) collection of assessments under the order not later than 6 months after the date of such determination; and
(B) the order in an orderly manner as soon as practicable after the date of such determination.
(c) Reimbursement for cost
The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred in connection with a referendum conducted under this section or section 4812 of this title.
(d) Manner of conducting
A referendum shall be conducted in such manner as prescribed by the Secretary.
(e) Amendment of initial order
A referendum to amend the initial order shall be conducted pursuant to this section.
(Pub. L. 99–198, title XVI, § 1622, Dec. 23, 1985, 99 Stat. 1618.)
7 U.S.C. § 4812 (AGRICULTURE)
§ 4812. Suspension and termination of orders
(a) Authority of Secretary
If after the initial referendum provided for in section 4811(a) of this title the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.
(b) Referendum to terminate or suspend; eligible voters; requirements for approval; termination or suspension date; one referendum within 2-year period
(1)
(A) Except as provided in paragraph (2), after the initial referendum provided for in section 4811(a) of this title, on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a referendum to determine whether the producers and importers favor the termination or suspension of the order.
(B) The Secretary shall—
(i) suspend or terminate collection of assessments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is favored by a majority of the producers and importers voting in the referendum; and
(ii) terminate the order in an orderly manner as soon as practicable after the date of such determination.
(2) Except with respect to a referendum required to be conducted under section 4811 of this title, the Secretary shall not be required by paragraph (1) to conduct more than one referendum under this chapter in a 2-year period.
(c) Termination or suspension not to be considered an order
The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this chapter.
(Pub. L. 99–198, title XVI, § 1623, Dec. 23, 1985, 99 Stat. 1618.)