dreamproit/uscode huggingface dataset:
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(4) The term “imported” means entered, or withdrawn from a warehouse for consumption, in the customs territory of the United States.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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
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) 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) 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) 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4813 (AGRICULTURE)
§ 4813. Refunds
(a) Demand for refund; persons eligible
Notwithstanding any other provision of this chapter, prior to the approval of the continuation of an order pursuant to the referendum required under section 4811(a) of this title, any person shall have the right to demand and receive from the Board a refund of an assessment collected under section 4809 of this title if such person—
(1) is responsible for paying such assessment; and
(2) does not support the program established under this chapter.
(b) Form and time within which demand to be made
Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board and approved by the Secretary, but not later than 30 days after the end of the month in which the assessment was paid.
(c) Payment of refund on submission of satisfactory proof
Such refund shall be made not later than 30 days after demand is received therefore 1 on submission of proof satisfactory to the Board that the producer, person, or importer—
(1) paid the assessment for which refund is sought; and
(2) did not collect such assessment from another producer, person, or importer.
(Pub. L. 99–198, title XVI, § 1624, Dec. 23, 1985, 99 Stat. 1619.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4814 (AGRICULTURE)
§ 4814. Petition and review
(a)
(1) A person subject to an order may file with the Secretary a petition—
(A) stating that such order, a provision of such order, or an obligation imposed in connection with such order is not in accordance with law; and
(B) requesting a modification of such order or an exemption from such order.
(2) Such person shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) After such hearing, the Secretary shall make a determination granting or denying such petition.
(b)
(1) A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination.
(2) Service of process in such proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.
(3) If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to—
(A) make such ruling as the court shall determine to be in accordance with law; or
(B) take such further proceedings as, in the opinion of the court, the law requires.
(Pub. L. 99–198, title XVI, § 1625, Dec. 23, 1985, 99 Stat. 1619.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4816 (AGRICULTURE)
§ 4816. Investigations
(a) Purposes
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this chapter; or
(2) to determine whether a person subject to this chapter has engaged, or is about to engage, in an act that constitutes, or will constitute, a violation of this chapter or an order, rule, or regulation issued under this chapter.
(b) Oaths and affirmations; subpenas
(1) For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry.
(2) Such attendance of witnesses and the production of such records may be required from any place in the United States.
(c) Judicial enforcement; contempt proceedings; service of process
(1) In the case of contumacy, or refusal to obey a subpoena, by a person, the Secretary may invoke the aid of a court of the United States with jurisdiction over such investigation or proceeding, or where such person resides or does business, in requiring the attendance and testimony of such person and the production of such records.
(2) 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.
(3) A failure to obey an order issued under this section by the court may be punished by the court as a contempt thereof.
(4) Process in 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. 99–198, title XVI, § 1627, Dec. 23, 1985, 99 Stat. 1621.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4817 (AGRICULTURE)
§ 4817. Preemption
(a) Promotion and consumer education; funds from pork producers
This chapter is intended to occupy the field of—
(1) promotion and consumer education involving pork and pork products; and
(2) obtaining funds therefor from pork producers.
(b) Additional or different State regulation prohibited
The regulation of such activity (other than a regulation or requirement relating to a matter of public health or the provision of State or local funds for such activity) that is in addition to or different from this chapter may not be imposed by a State.
(c) Application of section
This section shall apply only during a period beginning on the date of the commencement of the collection of assessments under section 4809 of this title and ending on the date of the termination of the collection of assessments under section 4811(a)(3) or 4811(b)(1)(B) 1 of this title.
(Pub. L. 99–198, title XVI, § 1628, Dec. 23, 1985, 99 Stat. 1621.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4818 (AGRICULTURE)
§ 4818. Administrative provision
The provisions of this chapter applicable to orders shall be applicable to amendments to orders.
(Pub. L. 99–198, title XVI, § 1629, Dec. 23, 1985, 99 Stat. 1621.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4819 (AGRICULTURE)
§ 4819. Authorization of appropriations
(a) There are authorized to be appropriated such sums as may be necessary for the Secretary to carry out this chapter, subject to reimbursement from the Board under section 4809(c)(3)(B)(iv) of this title.
(b) Sums appropriated to carry out this chapter shall not be available for payment of an expense or expenditure incurred by the Board in administering an order.
(Pub. L. 99–198, title XVI, § 1630, Dec. 23, 1985, 99 Stat. 1621.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
7 U.S.C. § 4902 (AGRICULTURE)
§ 4902. Definitions
As used in this chapter:
(1) The term “Secretary” means the Secretary of Agriculture.
(2) The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or other entity.
(3) The term “watermelon” means all varieties of watermelon grown by producers in the United States or imported into the United States.
(4) The term “handler” means any person (except a common or contract carrier of watermelons owned by another person) who handles watermelons in a manner specified in a plan issued under this chapter or in regulations promulgated thereunder.
(5) The term “producer” means any person engaged in the growing of 10 or more acres of watermelons.
(6) The term “importer” means any person who imports watermelons into the United States.
(7) The term “plan” means an order issued by the Secretary under this chapter.
(8) The term “promotion” means any action taken by the Board, under this chapter, to present a favorable image for watermelons to the public with the express intent of improving the competitive position of watermelons in the marketplace and stimulating sales of watermelons, and shall include, but not be limited to, paid advertising.
(9) The term “Board” means the National Watermelon Promotion Board provided for in section 4906 of this title.
(10) The term “United States” means each of the several States and the District of Columbia.
(Pub. L. 99–198, title XVI, § 1643, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, §§ 3(a), 8(a), (k)(3), 9(a), Dec. 14, 1993, 107 Stat. 2259, 2261, 2263, 2264.)
heading: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–189, § 8(k)(3)(A), substituted “chapter:” for “chapter—” in introductory provisions.
Pars. (1), (2). Pub. L. 103–189, § 8(k)(3)(B), (C), substituted “The term” for “the term” and a period for semicolon at end.
Par. (3). Pub. L. 103–189, § 8(a)(1), (k)(3)(B), substituted “The term” for “the term” and “or imported into the United States.” for the semicolon at end.
Pub. L. 103–189, § 3(a)(1), struck out “the forty-eight contiguous States of” after “by producers in”.
Par. (4). Pub. L. 103–189, § 8(k)(3)(B), (C), substituted “The term” for “the term” and a period for semicolon at end.
Par. (5). Pub. L. 103–189, § 9(a), substituted “10” for “five”.
Pub. L. 103–189, § 8(k)(3)(B), (C), substituted “The term” for “the term” and a period for semicolon at end.
Pars. (6), (7). Pub. L. 103–189, § 8(a)(2), (3), added pars. (6) and (7) and redesignated former pars. (6) and (7) as (8) and (9), respectively.
Par. (8). Pub. L. 103–189, § 8(a)(2), (k)(3)(D), redesignated par. (6) as (8) and substituted “The term” for “the term” and a period for “; and” at end.
Par. (9). Pub. L. 103–189, § 8(a)(2), (k)(3)(E), redesignated par. (7) as (9) and substituted “The term” for “the term” and “4906” for “4903”.
Par. (10). Pub. L. 103–189, § 3(a)(2), added par. (10).
7 U.S.C. § 4903 (AGRICULTURE)
§ 4903. Issuance of plans
To effectuate the declared policy of this chapter, the Secretary shall, under the provisions of this chapter, issue, and from time to time may amend, orders (applicable to producers, handlers, and importers of watermelons) authorizing the collection of assessments on watermelons under this chapter and the use of such funds to cover the costs of research, development, advertising, and promotion with respect to watermelons under this chapter. Any plan shall be applicable to watermelons produced in the United States or imported into the United States.
(Pub. L. 99–198, title XVI, § 1644, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, §§ 3(b), 8(b), Dec. 14, 1993, 107 Stat. 2259, 2261.)
heading: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–189, in first sentence, substituted “, handlers, and importers” for “and handlers”, struck out after first sentence “Any order issued by the Secretary under this chapter shall hereinafter in this chapter be referred to as a ‘plan’.”, and in last sentence, struck out “the forty-eight contiguous States of” after “watermelons produced in”, and inserted “or imported into the United States” before period at end.