US (United States) Code. Title 7. Chapter 60: Egg research and consumer information

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

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publicidad

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7 USC CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

.

-HEAD-

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-MISC1-

Sec.

2701. Congressional findings and declaration of policy.

2702. Definitions.

2703. Orders of Secretary to egg producers, etc.

2704. Notice and hearing upon proposed orders.

2705. Findings and issuance of orders.

2706. Permissive terms and conditions in orders.

(a) Advertising, sales promotion, and consumer

education plans or projects; prohibition on

reference to private brand or trade name and

use of unfair or deceptive acts or practices.

(b) Research, marketing, and development projects and

studies.

(c) Recordkeeping and reporting requirements;

disclosure of confidential information;

violations; penalties.

(d) Incidental and necessary terms and conditions.

2707. Required terms and conditions in orders.

(a) Egg Board; establishment; appointment and terms

of membership; powers and duties.

(b) Composition of Board.

(c) Advertising, sales promotion, consumer education,

and research and development plans or projects;

development and submittal to Secretary by

Board.

(d) Budgets; submittal to Secretary by Board.

(e) Assessment payments by egg producers to egg

handlers; implementation pursuant to order of

Board; determination of amount; collection of

assessment; rate limitation; maintenance of

suit for collection.

(f) Recordkeeping and reporting requirements;

accounting by Board.

(g) Contracts or agreements by Board for

implementation of orders and payment of costs;

required provisions.

(h) Restriction on use of funds collected by Board

for political purposes.

(i) Compensation and expenses of members of Board.

(j) Reasonable costs limitation for collection of

assessments and for an administrative staff.

2708. Referendum among egg producers.

(a) Producer approval of order.

(b) Request by Egg Board for referendum.

(c) Nonapproval of amendments as not invalidating

order.

2709. Termination or suspension of orders.

(a) Authority of Secretary.

(b) Referendum to terminate or suspend; eligible

voters; requirements for approval; termination

or suspension date.

(c) Termination or suspension not to be considered as

order.

2710. Applicability of provisions to amendments to orders.

2711. Exempted egg producers and breeding hen flocks; conditions

and procedures.

(a) In general.

(b) Number of laying hens.

2712. Refund of assessment from Egg Board.

(a) Procedures.

(b) Amendment of order to eliminate producer refund:

effective date; refund referendum; escrow

account; requirements for one-time refund;

proration of refunds.

2713. Administrative review of orders; petition; hearing; judicial

review.

2714. Civil enforcement proceedings.

(a) Enforcement of orders by district court; referral

of civil actions to Attorney General.

(b) Civil penalty; review by court of appeals;

noncompliance with final order; referral to

Attorney General.

2715. Certification of organizations; required contents of report

as criteria.

2716. Regulations.

2717. Investigations by Secretary; oaths and affirmations;

subpenas; judicial enforcement; contempt proceedings; service of

process.

2718. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 7401 of this title.

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7 USC Sec. 2701 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2701. Congressional findings and declaration of policy

-STATUTE-

Eggs constitute one of the basic, natural foods in the diet.

They are produced by many individual egg producers throughout the

United States. Egg products, spent fowl, and products of spent fowl

are derivatives of egg production. These products move in

interstate and foreign commerce and those which do not move in such

channels of commerce directly burden or affect interstate commerce

of these products. The maintenance and expansion of existing

markets and the development of new or improved markets and uses are

vital to the welfare of egg producers and those concerned with

marketing, using, and processing eggs as well as the general

economy of the Nation. The production and marketing of these

products by numerous individual egg producers have prevented the

development and carrying out of adequate and coordinated programs

of research and promotion necessary for the maintenance of markets

and the development of new products of, and markets for, eggs, egg

products, spent fowl, and products of spent fowl. Without an

effective and coordinated method of assuring cooperative and

collective action in providing for and financing such programs,

individual egg producers are unable to provide, obtain, or carry

out the research, consumer and producer information, and promotion

necessary to maintain and improve markets for any or all of these

products.

It has long been recognized that it is in the public interest to

provide an adequate, steady supply of fresh eggs readily available

to the consumers of the Nation. Maintenance of markets and the

development of new markets, both domestic and foreign, are

essential to the egg industry if the consumers of eggs, egg

products, spent fowl, or products of spent fowl are to be assured

of an adequate, steady supply of such products.

It is therefore declared to be the policy of the Congress and the

purpose of this chapter that it is essential and in the public

interest, through the exercise of the powers provided herein, to

authorize and enable the establishment of an orderly procedure for

the development and the financing through an adequate assessment,

an effective and continuous coordinated program of research,

consumer and producer education, and promotion designed to

strengthen the egg industry's position in the marketplace, and

maintain and expand domestic and foreign markets and uses for eggs,

egg products, spent fowl, and products of spent fowl of the United

States. Nothing in this chapter shall be construed to mean, or

provide for, control of production or otherwise limit the right of

individual egg producers to produce commercial eggs.

-SOURCE-

(Pub. L. 93-428, Sec. 2, Oct. 1, 1974, 88 Stat. 1171.)

-MISC1-

EFFECTIVE DATE

Section 21 of Pub. L. 93-428 provided that: ''This Act (enacting

this chapter and provisions set out as notes under this section)

shall take effect upon enactment (Oct. 1, 1974)''.

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-188, Sec. 1, Dec. 14, 1993, 107 Stat. 2256, provided

that: ''This Act (amending sections 2707, 2708, and 2711 of this

title and enacting provisions set out as a note under section 2703

of this title) may be cited as the 'Egg Research and Consumer

Information Act Amendments of 1993'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-575, Sec. 1, Oct. 31, 1988, 102 Stat. 2895, provided

that: ''This Act (amending sections 2707 and 2712 of this title)

may be cited as the 'Egg Research and Consumer Information Act

Amendments of 1988'.''

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-276, Sec. 1, June 17, 1980, 94 Stat. 541, provided:

''That this Act (amending sections 2707, 2708, and 2714 of this

title and enacting provisions set out as a note under section 4a of

this title) may be cited as the 'Egg Research and Consumer

Information Act Amendments of 1980'.''

SHORT TITLE

Section 1 of Pub. L. 93-428 provided: ''That this Act (enacting

this chapter and provisions set out as notes under this section)

shall be known as the 'Egg Research and Consumer Information

Act'.''

SEPARABILITY

Section 19 of Pub. L. 93-428 provided that: ''If any provision of

this Act (enacting this chapter and provisions set out as notes

under this section) or the application thereof to any person or

circumstances is held invalid, the validity of the remainder of the

Act and of the application of such provision to other persons and

circumstances shall not be affected thereby''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2708 of this title.

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7 USC Sec. 2702 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2702. Definitions

-STATUTE-

As used in this chapter -

(a) The term ''Secretary'' means the Secretary of Agriculture or

any other officer or employee of the Department of Agriculture to

whom there has heretofore been delegated, or to whom there may

hereafter be delegated, the authority to act in his stead.

(b) The term ''person'' means any individual, group of

individuals, partnership, corporation, association, cooperative, or

any other entity.

(c) The term ''commercial eggs'' or ''eggs'' means eggs from

domesticated chickens which are sold for human consumption either

in shell egg form or for further processing into egg products.

(d) The term ''hen'' or ''laying hen'' means a domesticated

female chicken twenty weeks of age or over, raised primarily for

the production of commercial eggs.

(e) The term ''egg producer'' means the person owning laying hens

engaged in the production of commercial eggs.

(f) The term ''case'' means a standard shipping package

containing thirty dozen eggs.

(g) The term ''hatching eggs'' means eggs intended for use by

hatcheries for the production of baby chicks.

(h) The term ''United States'' means the forty-eight contiguous

States of the United States of America and the District of

Columbia.

(i) The term ''promotion'' means any action, including paid

advertising, to advance the image or desirability of eggs, egg

products, spent fowl, or products of spent fowl.

(j) The term ''research'' means any type of research to advance

the image, desirability, marketability, production, or quality of

eggs, egg products, spent fowl, or products of spent fowl.

(k) The term ''consumer education'' means any action to advance

the image or desirability of eggs, egg products, spent fowl, or

products of spent fowl.

(l) The term ''marketing'' means the sale or other disposition of

commercial eggs, egg products, spent fowl, or products of spent

fowl, in any channel of commerce.

(m) The term ''commerce'' means interstate, foreign, or

intrastate commerce.

(n) The term ''egg products'' means products produced, in whole

or in part, from eggs.

(o) The term ''spent fowl'' means hens which have been in

production of commercial eggs and have been removed from such

production for slaughter.

(p) The term ''products of spent fowl'' means commercial products

produced from spent fowl.

(q) The term ''hatchery operator'' means any person engaged in

the production of egg-type baby chicks.

(r) The term ''started pullet'' means a hen less than twenty

weeks of age.

(s) The term ''started pullet dealer'' means any person engaged

in the sale of started pullets.

(t) The term ''handler'' means any person, specified in the order

or the rules and regulations issued thereunder, who receives or

otherwise acquires eggs from an egg producer, and processes,

prepares for marketing, or markets, such eggs, including eggs of

his own production.

-SOURCE-

(Pub. L. 93-428, Sec. 3, Oct. 1, 1974, 88 Stat. 1172.)

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7 USC Sec. 2703 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2703. Orders of Secretary to egg producers, etc.

-STATUTE-

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 applicable to persons engaged in the

hatching and/or sale of egg-type baby chicks and started pullets,

persons engaged in the production of commercial eggs and persons

who receive or otherwise acquire eggs from such persons and who

process, prepare for market, or market such eggs, including eggs of

their own production, and persons engaged in the purchase, sale or

processing of spent fowl. Such orders shall be applicable to all

production or marketing areas, or both, in the United States.

-SOURCE-

(Pub. L. 93-428, Sec. 4, Oct. 1, 1974, 88 Stat. 1172.)

-MISC1-

AMENDMENT OF EGG PROMOTION AND RESEARCH ORDER

Pub. L. 103-188, Sec. 5, Dec. 14, 1993, 107 Stat. 2257, provided

that: ''Notwithstanding any other provision of law:

''(1) In general. - The Secretary of Agriculture shall issue

amendments to the egg promotion and research order issued under

the Egg Research and Consumer Information Act (7 U.S.C. 2701 et

seq.) to implement the amendments made by this Act (see Short

Title of 1993 Amendment note set out under section 2701 of this

title). The amendments shall be issued after public notice and

opportunity for comment in accordance with section 553 of title

5, United States Code, and without regard to sections 556 and 557

of such title. The Secretary shall issue the proposed amendments

to the order not later than 80 days after the date of enactment

of this Act (Dec. 14, 1993).

''(2) Effective date. - The amendments to the egg promotion and

research order required by paragraph (1) shall become effective

not later than -

''(A) 30 days after the proposed amendments are issued; or

''(B) if the Director of the Office of Management and Budget

determines that the amendments are a significant action that

requires review by the Director, 50 days after the proposed

amendments are issued.

''(3) Referendum. - The amendments referred to in paragraph (2)

shall not be subject to a referendum conducted under the Egg

Research and Consumer Information Act.''

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7 USC Sec. 2704 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2704. Notice and hearing upon proposed orders

-STATUTE-

Whenever the Secretary has reason to believe that the issuance of

an order will tend to effectuate the declared policy of this

chapter, he shall give due notice and opportunity for hearing upon

a proposed order. Such hearing may be requested and proposal for

an order submitted by an organization certified pursuant to section

2715 of this title, or by any interested person affected by the

provisions of this chapter, including the Secretary.

-SOURCE-

(Pub. L. 93-428, Sec. 5, Oct. 1, 1974, 88 Stat. 1173.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2705, 2715 of this title.

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7 USC Sec. 2705 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2705. Findings and issuance of orders

-STATUTE-

After notice and opportunity for hearing as provided in section

2704 of this title, the Secretary shall issue an order if he finds,

and sets forth in such order, upon the evidence introduced at such

hearing, that the issuance of such order and all the terms and

conditions thereof will tend to effectuate the declared policy of

this chapter.

-SOURCE-

(Pub. L. 93-428, Sec. 6, Oct. 1, 1974, 88 Stat. 1173.)

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7 USC Sec. 2706 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2706. Permissive terms and conditions in orders

-STATUTE-

Order issued pursuant to this chapter shall contain one or more

of the following terms and conditions, and except as provided in

section 2707 of this title, no others.

(a) Advertising, sales promotion, and consumer education plans or

projects; prohibition on reference to private brand or trade

name and use of unfair or deceptive acts or practices

Providing for the establishment, issuance, effectuation, and

administration of appropriate plans or projects for advertising,

sales promotion, and consumer education with respect to the use of

eggs, egg products, spent fowl, and products of spent fowl, and for

the disbursement of necessary funds for such purposes: Provided,

however, That any such plan or project shall be directed toward

increasing the general demand for eggs, egg products, spent fowl,

or products of spent fowl. No reference to a private brand or

trade name shall be made if the Secretary determines that such

reference will result in undue discrimination against eggs, egg

products, spent fowl, or products of spent fowl of other persons:

And provided further, That no such advertising, consumer education,

or sales promotion programs shall make use of unfair or deceptive

acts or practices in behalf of eggs, egg products, spent fowl, or

products of spent fowl or unfair or deceptive acts or practices

with respect to quality, value, or use of any competing product.

(b) Research, marketing, and development projects and studies

Providing for, establishing, and carrying on research, marketing,

and development projects, and studies with respect to sale,

distribution, marketing, utilization, or production of eggs, egg

products, spent fowl, and products of spent fowl, and the creation

of new products thereof, to the end that the marketing and

utilization of eggs, egg products, spent fowl, and products of

spent fowl may be encouraged, expanded, improved or made more

acceptable, and the data collected by such activities may be

disseminated and for the disbursement of necessary funds for such

purposes.

(c) Recordkeeping and reporting requirements; disclosure of

confidential information; violations; penalties

Providing that hatchery operators, persons engaged in the sale of

egg-type baby chicks and started pullet dealers, persons engaged in

the production of commercial eggs and persons who receive or

otherwise acquire eggs from such persons and who process, prepare

for market, or market such eggs, including eggs of their own

production, and persons engaged in the purchase, sale, or

processing of spent fowl, maintain and make available for the

inspection such books and records as may be required by any order

issued pursuant to this chapter and for the filing of reports by

such persons at the time, in the manner, and having content

prescribed by the order, to the end that information and data shall

be made available to the Egg Board and to the Secretary which is

appropriate or necessary to the effectuation, administration or

enforcement of this chapter, or of any order or regulation issued

pursuant to this chapter: Provided, however, That all information

so obtained shall be kept confidential by all officers and

employees of the Department of Agriculture, the Egg Board, and by

all officers and employees of contracting agencies having access to

such information, and only such information so furnished or

acquired as the Secretary deems relevant shall be disclosed by

them, and then only in a suit or administrative hearing brought at

the direction, or upon the request, of the Secretary, or to which

he or any officer of the United States is a party, and involving

the order with reference to which the information so to be

disclosed was furnished or acquired. Nothing in this section shall

be deemed to prohibit (1) the issuance of general statements based

upon the reports of the number of persons subject to an order or

statistical data collected therefrom, which statements do not

identify the information furnished by any person, (2) the

publication, by the direction of the Secretary, of general

statements relating to refunds made by the Egg Board during any

specific period, or (3) the publication by direction of the

Secretary of the name of any person violating any order, together

with a statement of the particular provisions of the order violated

by such person. Any such officer or employee violating the

provision of this subsection shall, upon conviction, be subjected

to a fine of not more than $1,000 or to imprisonment for not more

than one year, or to both, and if an officer or employee of the Egg

Board or Department of Agriculture shall be removed from office.

(d) Incidental and necessary terms and conditions

Terms and conditions incidental to and not inconsistent with the

terms and conditions specified in this chapter and necessary to

effectuate the other provisions of such order.

-SOURCE-

(Pub. L. 93-428, Sec. 7, Oct. 1, 1974, 88 Stat. 1173.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2707 of this title.

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7 USC Sec. 2707 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2707. Required terms and conditions in orders

-STATUTE-

Orders issued pursuant to this chapter shall contain the

following conditions:

(a) Egg Board; establishment; appointment and terms of membership;

powers and duties

Providing for the establishment and appointment, by the

Secretary, of an Egg Board which shall consist of not more than

twenty members, and alternates therefor, and defining its powers

and duties which shall include only the powers (1) to administer

such order in accordance with its terms and provisions, (2) to make

rules and regulations to effectuate the terms and provisions of

such order, (3) to receive, investigate and report to the Secretary

complaints of violations of such order, and (4) to recommend to the

Secretary amendments to such order. The term of an appointment to

the Egg Board shall be for two years with no member serving more

than three consecutive terms, except that initial appointment shall

be proportionately for two-year and three-year terms.

(b) Composition of Board

Providing that the Egg Board, and alternates therefor, shall be

composed of egg producers or representatives of egg producers

appointed by the Secretary from nominations submitted by eligible

organizations, associations, or cooperatives, and certified

pursuant to section 2715 of this title, or, if the Secretary

determines that a substantial number of egg producers are not

members of or their interests are not represented by any such

eligible organizations, associations or cooperatives, then from

nominations made by such egg producers in the manner authorized by

the Secretary, so that the representation of egg producers on the

Board shall reflect, to the extent practicable, the proportion of

eggs produced in each geographic area of the United States as

defined by the Secretary: Provided, however, That each such egg

producing geographic area shall be entitled to at least one

representative on the Egg Board: Provided further, That two members

of the Egg Board, and alternates therefor, shall be consumers or

representatives of consumers, if approved by egg producers voting

in a referendum on an amendment to the order. Such consumer

appointments shall be made by the Secretary from nominations

submitted by eligible organizations. If the Secretary determines

that such nominees are not members of either a bona fide consumer

organization or do not represent consumers, the Secretary may

appoint such consumers or representatives of consumers as deemed

necessary to properly represent the interest of consumers.

Consumer members of the Egg Board shall be voting members.

(c) Advertising, sales promotion, consumer education, and research

and development plans or projects; development and submittal to

Secretary by Board

Providing that the Egg Board shall, subject to the provisions of

subsection (g) of this section, develop and submit to the Secretary

for his approval any advertising, sales promotion, consumer

education, research, and development plans or projects, and that

any such plan or project must be approved by the Secretary before

becoming effective.

(d) Budgets; submittal to Secretary by Board

Providing that the Egg Board shall, subject to the provisions of

subsection (g) of this section, submit to the Secretary for his

approval budgets on a fiscal period basis of its anticipated

expenses and disbursements in the administration of the order,

including probable costs of advertising, promotion, consumer

education, research, and development projects. In preparing a

budget for each of the 1994 and subsequent fiscal years, the Egg

Board shall, to the maximum extent practicable, allocate a

proportion of funds for research projects under this chapter that

is comparable to the proportion of funds that were allocated for

research projects under this chapter in the budget of the Egg Board

for fiscal year 1993.

(e) Assessment payments by egg producers to egg handlers;

implementation pursuant to order of Board; determination of

amount; collection of assessment; rate limitation; maintenance

of suit for collection

(1) Providing that each egg producer shall pay to the handler of

eggs designated by the order of the Egg Board pursuant to

regulations issued under the order, an assessment based upon the

number of cases of commercial eggs handled for the account of such

producer, in the manner as prescribed by the order, for such

expenses and expenditures - including provision for a reasonable

reserve and those administrative costs incurred by the Department

after an order has been promulgated under this chapter - as the

Secretary finds are reasonable and likely to be incurred by the Egg

Board under the order during any period specified by him. Such

handler shall collect such assessment from the producer and shall

pay the same to the Egg Board in the manner as prescribed by the

order.

(2)(A) The assessment rate shall be prescribed by the order. The

rate shall not exceed 20 cents per case (or the equivalent of a

case) of commercial eggs.

(B) The order may be amended to increase the rate of assessment

if the increase is recommended by the Egg Board and approved by egg

producers in a referendum conducted under section 2708(b) of this

title.

(C) The order may be amended to decrease the assessment rate

after public notice and opportunity for comment in accordance with

section 553 of title 5 and without regard to sections 556 and 557

of such title.

(3) To facilitate the collection of such assessments, the order

of the Egg Board may designate different handlers or classes of

handlers to recognize differences in marketing practices or

procedures utilized in the industry. The Secretary may maintain a

suit against any person subject to the order for the collection of

such assessment, and the several district courts of the United

States are hereby vested with jurisdiction to entertain such suits

regardless of the amount in controversy.

(f) Recordkeeping and reporting requirements; accounting by Board

Providing that the Egg Board shall maintain such books and

records and prepare and submit such reports from time to time, to

the Secretary as he may prescribe, and for appropriate accounting

by the Egg Board with respect to the receipt and disbursement of

all funds entrusted to it.

(g) Contracts or agreements by Board for implementation of orders

and payment of costs; required provisions

Providing that the Egg Board, with the approval of the Secretary,

may enter into contracts or agreements for development and carrying

out of the activities authorized under the order pursuant to

section 2706(a) and (b) of this title and for the payment of the

cost thereof with funds collected pursuant to the order. Any such

contract or agreement shall provide that such contractors shall

develop and submit to the Egg Board a plan or project together with

a budget or budgets which shall show estimated costs to be incurred

for such plan or project, and that any such plan or project shall

become effective upon the approval of the Secretary, and further,

shall provide that the contracting party shall keep accurate

records of all of its transactions and make periodic reports to the

Egg Board of activities carried out and an accounting for funds

received and expended, and such other reports as the Secretary may

require.

(h) Restriction on use of funds collected by Board for political

purposes

Providing that no funds collected by the Egg Board under the

order shall in any manner be used for the purpose of influencing

governmental policy or action, except as provided by subsection

(a)(4) of this section.

(i) Compensation and expenses of members of Board

Providing that the Board members, and alternates therefor, shall

serve without compensation, but shall be reimbursed for their

reasonable expenses incurred in performing their duties as members

of the Board.

(j) Reasonable costs limitation for collection of assessments and

for an administrative staff

Providing that the total costs incurred by the Egg Board for a

fiscal year in collecting producer assessments and having an

administrative staff shall not exceed an amount of the projected

total assessments to be collected by the Egg Board for such fiscal

year that the Secretary determines to be reasonable.

-SOURCE-

(Pub. L. 93-428, Sec. 8, Oct. 1, 1974, 88 Stat. 1174; Pub. L.

96-276, Sec. 2-4, June 17, 1980, 94 Stat. 541; Pub. L. 100-575,

Sec. 2, Oct. 31, 1988, 102 Stat. 2895; Pub. L. 103-188, Sec. 2(a),

3, Dec. 14, 1993, 107 Stat. 2256, 2257.)

-MISC1-

AMENDMENTS

1993 - Subsec. (d). Pub. L. 103-188, Sec. 3, inserted at end ''In

preparing a budget for each of the 1994 and subsequent fiscal

years, the Egg Board shall, to the maximum extent practicable,

allocate a proportion of funds for research projects under this

chapter that is comparable to the proportion of funds that were

allocated for research projects under this chapter in the budget of

the Egg Board for fiscal year 1993.''

Subsec. (e). Pub. L. 103-188, Sec. 2(a), designated first and

second sentences of existing provisions as par. (1), added par. (2)

and struck out third and fourth sentences of existing provisions

which read as follows: ''For fiscal year 1981, the rate of

assessment prescribed by the order shall not exceed 7 1/2 cents per

case of commercial eggs or the equivalent thereof. For each fiscal

year thereafter, the rate of assessment may be increased by no more

than three-quarters of a cent per case of commercial eggs or the

equivalent thereof: Provided, That the rate of assessment shall not

exceed 10 cents per case of commercial eggs or the equivalent

thereof.'', and designated fifth and sixth sentences of existing

provisions as par. (3).

1988 - Subsec. (j). Pub. L. 100-575 added subsec. (j).

1980 - Subsec. (a). Pub. L. 96-276, Sec. 2, substituted

''twenty'' for ''eighteen''.

Subsec. (b). Pub. L. 96-276, Sec. 3, extended membership on the

Egg Board to two consumers or representatives of consumers, and

their alternates, when approved by egg producers voting in a

referendum on an amendment to the order, to be appointed by the

Secretary from nominations submitted by eligible organizations or

otherwise when necessary to properly represent the interest of

consumers, the consumer members to be voting members.

Subsec. (e). Pub. L. 96-276, Sec. 4, substituted rate of

assessment provisions prescribing for fiscal year 1981 a rate not

exceeding 7 1/2 cents per case of commercial eggs or its

equivalent, authorizing increases of three-quarters of a cent per

case for each fiscal year thereafter, but limiting maximum rate to

10 cents per case for prior limitation of the rate of assessment to

5 cents per case.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2706, 2715 of this title.

-CITE-

7 USC Sec. 2708 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2708. Referendum among egg producers

-STATUTE-

(a) Producer approval of order

The Secretary shall conduct a referendum among egg producers not

exempt hereunder who, during a representative period determined by

the Secretary, have been engaged in the production of commercial

eggs, for the purpose of ascertaining whether the issuance of an

order is approved or favored by such producers. No order issued

pursuant to this chapter shall be effective unless the Secretary

determines that the issuance of such order is approved or favored

by not less than two-thirds of the producers voting in such

referendum, or by a majority of the producers voting in such

referendum if such majority produced not less than two-thirds of

the commercial eggs produced during a representative period defined

by the Secretary.

(b) Request by Egg Board for referendum

(1) If the Egg Board determines, based on a scientific study,

marketing analysis, or other similar competent evidence, that an

increase in the assessment rate is needed to ensure that

assessments under the order are set at an appropriate level to

effectuate the policy declared in section 2701 of this title, the

Egg Board may request that the Secretary conduct a referendum, as

provided in paragraph (2).

(2)(A) If the Egg Board requests the Secretary to conduct a

referendum under paragraph (1) or (3), the Secretary shall conduct

a referendum among egg producers not exempt from this chapter who,

during a representative period determined by the Secretary, have

been engaged in the production of commercial eggs, for the purpose

of ascertaining whether the producers approve the change in the

assessment rate proposed by the Egg Board.

(B) The change in the assessment rate shall become effective if

the change is approved or favored by -

(i) not less than two-thirds of the producers voting in the

referendum; or

(ii) a majority of the producers voting in the referendum, if

the majority produced not less than two-thirds of all the

commercial eggs produced by the producers voting during a

representative period defined by the Secretary.

(3)(A) In the case of the order in effect on December 14, 1993,

the Egg Board shall determine under paragraph (1), as soon as

practicable after December 14, 1993, whether to request that the

Secretary conduct a referendum under paragraph (2).

(B) If the Egg Board makes such a request on the basis of

competent evidence, as provided in paragraph (1), the Secretary

shall conduct the referendum as soon as practicable, but not later

than -

(i) 120 days after receipt of the request from the Egg Board;

or

(ii) if the Director of the Office of Management and Budget

determines that the change in the assessment rate is a

significant action that requires review by the Director, 170 days

after receipt of the request from the Egg Board.

(4) Notwithstanding any other provision of this chapter, if an

increase in the assessment rate and the authority for additional

increases is approved by producers in a referendum conducted under

this subsection, the Secretary shall amend the order to reflect the

vote of the producers. The amendment to the order shall become

effective on the date of issuance of the amendment.

(c) Nonapproval of amendments as not invalidating order

The failure of egg producers to approve an amendment to any Egg

Research and Promotion Order shall not be deemed to invalidate such

order.

-SOURCE-

(Pub. L. 93-428, Sec. 9, Oct. 1, 1974, 88 Stat. 1176; Pub. L.

96-276, Sec. 5, June 17, 1980, 94 Stat. 541; Pub. L. 103-188, Sec.

2(b), Dec. 14, 1993, 107 Stat. 2256.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-188 designated first and second sentences of

existing provisions as subsec. (a), added subsec. (b), and

designated last sentence of existing provisions as subsec. (c).

1980 - Pub. L. 96-276 provided that failure of egg producers to

approve an amendment to any Egg Research and Promotion Order shall

not be deemed to invalidate the order.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2707, 2712 of this title.

-CITE-

7 USC Sec. 2709 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2709. Termination or suspension of orders

-STATUTE-

(a) Authority of Secretary

The Secretary shall, whenever he finds that any order issued

under this chapter, or any provisions thereof, obstructs or does

not tend to effectuate the declared policy of this chapter,

terminate or suspend the operation of such order or such provisions

thereof.

(b) Referendum to terminate or suspend; eligible voters;

requirements for approval; termination or suspension date

The Secretary may conduct a referendum at any time, and shall

hold a referendum on request of 10 per centum or more of the number

of egg producers voting in the referendum approving the order, to

determine whether such producers favor the termination or

suspension of the order, and he shall suspend or terminate such

order six months after he determines that suspension or termination

of the order is approved or favored by a majority of the egg

producers voting in such referendum who, during a representative

period determined by the Secretary, have been engaged in the

production of commercial eggs, and who produced more than 50 per

centum of the volume of eggs produced by the egg producers voting

in the referendum.

(c) Termination or suspension not to be considered as order

The termination or suspension of any order, or any provision

thereof, shall not be considered an order within the meaning of

this chapter.

-SOURCE-

(Pub. L. 93-428, Sec. 10, Oct. 1, 1974, 88 Stat. 1176.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2712 of this title.

-CITE-

7 USC Sec. 2710 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2710. Applicability of provisions to amendments to orders

-STATUTE-

The provisions of this chapter applicable to orders shall be

applicable to amendments to orders.

-SOURCE-

(Pub. L. 93-428, Sec. 11, Oct. 1, 1974, 88 Stat. 1176.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2712 of this title.

-CITE-

7 USC Sec. 2711 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2711. Exempted egg producers and breeding hen flocks;

conditions and procedures

-STATUTE-

(a) In general

The following shall be exempt from the specific provisions of

this chapter under such conditions and procedures as may be

prescribed in the order or rules and regulations issued thereunder:

(1) Any egg producer whose aggregate number of laying hens at

any time during a 3-consecutive-month period immediately prior to

the date assessments are due and payable has not exceeded 75,000

laying hens, as determined under subsection (b) of this section.

(2) Any flock of breeding hens whose production of eggs is

primarily utilized for the hatching of baby chicks.

(b) Number of laying hens

(1) In general

For purposes of subsection (a)(1) of this section, the

aggregate number of laying hens owned by an egg producer shall

include -

(A) in cases in which the producer is an individual, laying

hens owned by such producer or members of such producer's

family that are effectively under the control of such producer,

as determined by the Secretary;

(B) in cases in which the producer is a general partnership

or similar entity, laying hens owned by the entity and all

partners or equity participants in the entity; and

(C) in cases in which the producer holds 50 percent or more

of the stock or other beneficial interest in a corporation,

joint stock company, association, cooperative, limited

partnership, or other similar entity, laying hens owned by the

entity.

Ownership of laying hens by a trust or similar entity shall be

considered ownership by the beneficiaries of the trust or other

entity.

(2) Stock or beneficial interests

For purposes of paragraph (1)(C), stock or other beneficial

interest in an entity that is held by -

(A) members of the producer's family described in paragraph

(1)(A);

(B) a general partnership or similar entity in which the

producer is a partner or equity participant;

(C) the partners or equity participants in an entity of the

type described in subparagraph (B); or

(D) a corporation, joint stock company, association,

cooperative, limited partnership, or other similar entity in

which the producer holds 50 percent or more of the stock or

other beneficial interests,

shall be considered as held by the producer.

-SOURCE-

(Pub. L. 93-428, Sec. 12, Oct. 1, 1974, 88 Stat. 1176; Pub. L.

101-220, Sec. 3(a), Dec. 12, 1989, 103 Stat. 1877; Pub. L. 103-188,

Sec. 4, Dec. 14, 1993, 107 Stat. 2257.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-188 substituted ''75,000'' for

''30,000''.

1989 - Pub. L. 101-220 amended section generally. Prior to

amendment, section read as follows: ''The following may be exempt

from specific provisions of this chapter under such conditions and

procedures as may be prescribed in the order or rules and

regulations issued thereunder:

''(a) Any egg producer whose aggregate number of laying hens at

any time during a three-consecutive-month period immediately prior

to the date assessments are due and payable has not exceeded three

thousand laying hens.

''(b) Any flock of breeding hens whose production of eggs is

primarily utilized for the hatching of baby chicks.''

EGG PROMOTION AND RESEARCH ORDER

Section 3(b) of Pub. L. 101-220 provided that:

''(1) Amendment. - The Secretary of Agriculture shall issue an

amendment to the egg promotion and research order issued under the

Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.)

to implement the amendments made by this section (amending this

section). Such amendment shall be issued after public notice and

opportunity for comment in accordance with section 553 of title 5,

United States Code, and without regard to sections 556 and 557 of

such title. The Secretary shall issue a proposed amendment to such

order not later than 30 days after the date of enactment of this

Act (Dec. 12, 1989).

''(2) Effective date. - The amendment to the egg promotion and

research order required by paragraph (1) shall become effective no

later than March 1, 1990, and shall not be subject to a referendum

under the Egg Research and Consumer Information Act (7 U.S.C. 2701

et seq.).''

-CITE-

7 USC Sec. 2712 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2712. Refund of assessment from Egg Board

-STATUTE-

(a) Procedures

Notwithstanding any other provisions of this chapter except as

provided in subsection (b) of this section, any egg producer

against whose commercial eggs any assessment is made and collected

from him under authority of this chapter and who is not in favor of

supporting the programs as provided for herein shall have the right

to demand and receive from the Egg Board a refund of such

assessment: Provided, That such demand shall be made personally by

such producer in accordance with regulations and on a form and

within a time period prescribed by the Board and approved by the

Secretary but in no event more than ninety days after the end of

the month in which the assessments are due and collectable, and

upon submission of proof satisfactory to the Board that the

producer paid the assessment for which refund is sought, and any

such refund shall be made within sixty days after demand is

received therefor.

(b) Amendment of order to eliminate producer refund: effective

date; refund referendum; escrow account; requirements for

one-time refund; proration of refunds

(1) With regard to each order issued under this chapter that

provides for a producer refund, the Secretary shall amend such

order to eliminate such refund.

(2) Notwithstanding sections 2708 and 2710 of this title, an

amendment made by the Secretary pursuant to paragraph (1) -

(A) shall take effect on the date that the Secretary issues the

amendment; and

(B) shall not be subject to a referendum under section 2708 or

2709(b) of this title until the end of the 18-month period

beginning on such effective date.

(3) During the period prior to the referendum of an amendment

issued pursuant to paragraph (1) and beginning on the effective

date of such amendment, the Egg Board shall -

(A) establish an escrow account to be used for assessment

refunds; and

(B) place funds in such account in accordance with paragraph

(4).

(4) The Egg Board shall place in such account, from assessments

collected during the period referred to in paragraph (3), an amount

equal to the product obtained by multiplying the total amount of

assessments collected during such period by 10 percent.

(5) Subject to paragraphs (6), (7), and (8), any producer shall

have the right to demand and receive from the Egg Board a one-time

refund of assessments collected from such producer during the

period referred to in paragraph (3) if -

(A) such producer is responsible for paying such assessments;

(B) such producer does not support the program established

under this chapter; and

(C) the amendment issued pursuant to paragraph (1) is not

approved pursuant to a referendum under section 2708 or 2709(b)

of this title.

(6) Such demand shall be made in accordance with regulations, on

a form, and within a time period prescribed by the Egg Board.

(7) Such refund shall be made on submission of proof satisfactory

to the Egg Board that such producer paid the assessment for which

refund is demanded.

(8) If the amount in the escrow account required to be

established by paragraph (3) is not sufficient to refund the total

amount of assessments demanded by all eligible producers under this

subsection and the amendment issued pursuant to paragraph (1) is

not approved pursuant to a referendum under section 2708 or 2709(b)

of this title, the Egg Board shall prorate the amount of such

refunds among all eligible producers who demand such refund.

-SOURCE-

(Pub. L. 93-428, Sec. 13, Oct. 1, 1974, 88 Stat. 1177; Pub. L.

100-575, Sec. 3, Oct. 31, 1988, 102 Stat. 2895.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-575 designated existing

provisions as subsec. (a), inserted ''except as provided in

subsection (b) of this section'', and added subsec. (b).

-CITE-

7 USC Sec. 2713 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2713. Administrative review of orders; petition; hearing;

judicial review

-STATUTE-

(a) Any person subject to any order may file a written petition

with the Secretary, stating that any such order or any provisions

of such order or any obligations imposed in connection therewith is

not in accordance with law and praying for a modification thereof

or to be exempted therefrom. He 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 the prayer of such petition

which shall be final, if in accordance with law.

(b) The district courts of the United States in any district in

which such person is an inhabitant, or has his principal place of

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 him 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 2714(a) of this title.

-SOURCE-

(Pub. L. 93-428, Sec. 14, Oct. 1, 1974, 88 Stat. 1177.)

-CITE-

7 USC Sec. 2714 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2714. Civil enforcement proceedings

-STATUTE-

(a) Enforcement of orders by district court; referral of civil

actions to Attorney General

The several district courts of the United States are vested with

jurisdiction specifically to enforce, and to prevent and restrain

any person from violating, any order or regulation made or issued

pursuant to this chapter. Any civil action authorized to be

brought under this subsection shall be referred to the Attorney

General for appropriate action: Provided, That nothing in this

chapter shall be construed as requiring the Secretary to refer to

the Attorney General violations of this chapter whenever he

believes that the administration and enforcement of the program

would be adequately served by administrative action pursuant to

subsection (b) of this section or suitable written notice or

warning to any person committing such violations.

(b) Civil penalty; review by court of appeals; noncompliance with

final order; referral to Attorney General

(1) Any person who violates any provisions of any order or

regulation issued by the Secretary pursuant to this chapter, or who

fails or refuses to pay, collect, or remit any assessment or fee

duly required of him thereunder, may be assessed a civil penalty by

the Secretary of not less than $500 or more than $5,000 for each

such violation. Each violation shall be a separate offense. In

addition to or in lieu of such civil penalty the Secretary may

issue an order requiring such person to cease and desist from

continuing such violation or violations. No penalty shall be

assessed or cease and desist order issued unless such person is

given notice and opportunity for a hearing before the Secretary

with respect to such violation, and the order of the Secretary

assessing a penalty or imposing a cease and desist order shall be

final and conclusive unless the affected person files an appeal

from the Secretary's order with the appropriate United States court

of appeals.

(2) Any person against whom a violation is found and a civil

penalty assessed or cease and desist order issued under paragraph

(1) of this subsection may obtain review in the court of appeals of

the United States for the circuit in which such person resides or

has his place of business or in the United States Court of Appeals

for the District of Columbia Circuit by filing a notice of appeal

in such court within thirty days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Secretary. The Secretary shall promptly file in such court a

certified copy of the record upon which such violation was found.

The findings of the Secretary shall be set aside only if found to

be unsupported by substantial evidence.

(3) Any person who fails to obey a cease and desist order after

it has become final and unappealable, or after the appropriate

court of appeals has entered final judgment in favor of the

Secretary, shall be subject to a civil penalty assessed by the

Secretary, after opportunity for a hearing and for judicial review

pursuant to the procedures specified in paragraphs (1) and (2) of

this subsection, of not more than $500 for each offense, and each

day during which such failure continues shall be deemed a separate

offense.

(4) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order, or after the

appropriate court of appeals has entered final judgment in favor of

the Secretary, the Secretary shall refer the matter to the Attorney

General who shall recover the amount assessed in any appropriate

district court of the United States. In such action, the validity

and appropriateness of the final order imposing the civil penalty

shall not be subject to review.

-SOURCE-

(Pub. L. 93-428, Sec. 15, Oct. 1, 1974, 88 Stat. 1177; Pub. L.

96-276, Sec. 6, June 17, 1980, 94 Stat. 541.)

-MISC1-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-276 substituted ''civil action

authorized to be brought under this subsection'' for ''civil action

authorized to be brought under this chapter'', struck out ''minor''

before ''violation of this chapter'', and inserted reference to

administrative action pursuant to subsection (b).

Subsec. (b). Pub. L. 96-276 substituted provisions authorizing

Secretary to assess civil penalty of not less than $500 or more

than $5,000 per violation, to issue cease and desist orders for

violations of regulations or orders issued by Secretary, and, after

review in court of appeals, to assess civil penalty of $500 per

offense for failure to abide by duly issued cease and desist order,

and authorized actions by Attorney General in appropriate district

courts to collect assessed penalties, for provisions authorizing

penalties of up to $1,000 per offense for willful violations of

this chapter, recoverable in civil action brought by the United

States.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2713 of this title.

-CITE-

7 USC Sec. 2715 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2715. Certification of organizations; required contents of

report as criteria

-STATUTE-

The eligibility of any organization to represent commercial egg

producers of any egg producing area of the United States to request

the issuance of an order under section 2704 of this title, and to

participate in the making of nominations under section 2707(b) of

this title shall be certified by the Secretary. Certification shall

be based, in addition to other available information, upon a

factual report submitted by the organization which shall contain

information deemed relevant and specified by the Secretary for the

making of such determination, including, but not limited to, the

following:

(a) Geographic territory covered by the organization's active

membership.

(b) Nature and size of the organization's active membership,

proportion of total of such active membership accounted for by

producers of commercial eggs, a chart showing the egg production

by State in which the organization has members, and the volume of

commercial eggs produced by the organization's active membership

in each such State,

(c) The extent to which the commercial egg producer membership

of such organization is represented in setting the organization's

policies,

(d) Evidence of stability and permanency of the organization,

(e) Sources from which the organization's operating funds are

derived,

(f) Functions of the organization, and

(g) The organization's ability and willingness to further the

aims and objectives of this chapter: Provided, however, That the

primary consideration in determining the eligibility of an

organization shall be whether its commercial egg producer

membership consists of a substantial number of egg producers who

produce a substantial volume of commercial eggs. The Secretary

shall certify any organization which he finds to be eligible

under this section and his determination as to eligibility shall

be final. Where more than one organization is certified in any

geographic area, such organizations may caucus to determine the

area's nominations under section 2707(b) of this title.

-SOURCE-

(Pub. L. 93-428, Sec. 16, Oct. 1, 1974, 88 Stat. 1178.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2704, 2707 of this title.

-CITE-

7 USC Sec. 2716 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2716. Regulations

-STATUTE-

The Secretary is authorized to make regulations with force and

effect of law, as may be necessary to carry out the provisions of

this chapter and the powers vested in him by this chapter.

-SOURCE-

(Pub. L. 93-428, Sec. 17, Oct. 1, 1974, 88 Stat. 1178.)

-CITE-

7 USC Sec. 2717 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2717. Investigations by Secretary; oaths and affirmations;

subpenas; judicial enforcement; contempt proceedings; service

of process

-STATUTE-

The Secretary may make such investigations as he deems necessary

for the effective carrying out of his responsibilities under this

chapter or to determine whether an egg producer, processor, or

other seller of commercial eggs or any other person has engaged or

is about to engage in any acts or practices which constitute or

will constitute a violation of any provisions of this chapter, or

of any order, or rule or regulation issued under this chapter. For

the purpose of such investigation, the Secretary is empowered to

administer oaths and affirmations, subpena witnesses, compel their

attendance, take evidence, and require the production of any books,

papers, and documents which are relevant to the inquiry. Such

attendance of witnesses and the production of any such records may

be required from any place in the United States. In case of

contumacy by, or refusal to obey a subpena to, any person,

including an egg producer, the Secretary may invoke the aid of any

court of the United States within the jurisdiction of which such

investigation or proceeding is carried on, or where such person

resides or carries on business, in requiring the attendance and

testimony of witnesses and the production of books, papers, and

documents; and such court may issue an order requiring such person

to appear before the Secretary, there to produce records, if so

ordered, or to give testimony touching the matter under

investigation. Any failure to obey such order of the court may be

punished by such court as a contempt thereof. All process in any

such case may be served in the judicial district whereof such

person is an inhabitant or wherever he may be found.

-SOURCE-

(Pub. L. 93-428, Sec. 18, Oct. 1, 1974, 88 Stat. 1178.)

-CITE-

7 USC Sec. 2718 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 2718. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated out of any money in

the Treasury not otherwise appropriated such funds as are necessary

to carry out the provisions of this chapter. The funds so

appropriated shall not be available for payment of the expenses or

expenditures of the Egg Board in administering any provisions of

any order issued pursuant to the terms of this chapter.

-SOURCE-

(Pub. L. 93-428, Sec. 20, Oct. 1, 1974, 88 Stat. 1179.)

-CITE-