dreamproit/uscode huggingface dataset:
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: Editorial Notes
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. § 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 subtitle B of title I of this Act [7 U.S.C. 4501 et seq.], 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: Editorial Notes
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.
Subtitle B of title I of this Act, referred to in par. (4), is subtitle B (§§ 110–122) of title I of Pub. L. 98–180, which is classified generally to this subchapter. For complete classification of subtitle B to the Code, see Tables.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 4552 (AGRICULTURE)
§ 4552. Authorization of appropriations for dairy farmer indemnities
There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.
(Pub. L. 90–484, § 2, Aug. 13, 1968, 82 Stat. 750.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 450k of this title prior to editorial reclassification and renumbering as this section.
Section was enacted as part of Pub. L. 90–484, and not as part of the Dairy Production Stabilization Act of 1983 which comprises this chapter.
heading: Prior Provisions
text: The following Acts authorized indemnity payments for the periods ending as indicated:
June 30, 1968—Pub. L. 90–95, § 2, Sept. 28, 1967, 81 Stat. 231.
June 30, 1967—Pub. L. 89–794, title III, § 301(c), Nov. 8, 1966, 80 Stat. 1465.
June 30, 1966—Pub. L. 89–253, § 24, Oct. 9, 1965, 79 Stat. 977.
June 30, 1965—Pub. L. 89–16, title III, § 303, Apr. 30, 1965, 79 Stat. 108.
Jan. 31, 1965—Pub. L. 88–452, title III, § 331, Aug. 20, 1964, 78 Stat. 525.
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: Editorial Notes
heading: Amendments
text: 1998—Pub. L. 105–185 inserted “and regulations” after “orders”.
heading: Statutory Notes and Related Subsidiaries
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.”
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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), 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). 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: Editorial Notes
heading: Amendments
text: 1991—Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “4609 or”.
7 U.S.C. § 4701...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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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’.”