US (United States) Code. Title 7. Chapter 62: Beef research and information

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

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

7 USC CHAPTER 62 - BEEF RESEARCH AND INFORMATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

.

-HEAD-

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-MISC1-

Sec.

2901. Congressional findings and declaration of policy.

2902. Definitions.

2903. Issuance of orders.

2904. Required terms in orders.

2905. Certification of organizations to nominate.

(a) Eligibility of State organization certified by

Secretary; eligibility criteria.

(b) State cattle association or State general farm

organization.

(c) Factual report basis for certification of State

cattle association and State general farm

association.

(d) Certification of more than one State

organization; caucus.

2906. Requirement of referendum.

(a) Continuation or termination of order.

(b) Additional referendum to determine suspension or

termination of order.

(c) Reimbursement for cost of referendum; time and

place of referendum; certification by

producers; absentee mail ballot.

2907. Refunds.

(a) Establishment of escrow account.

(b) Funding escrow account.

(c) Demand and receipt of one-time refund.

(d) Form and time period for demand for one-time

refund.

(e) Submission of proof for one-time refund.

(f) Insufficiency of funds in escrow account;

proration of funds among eligible persons.

2908. Enforcement.

(a) Restraining order; civil penalty.

(b) Jurisdiction of district court.

(c) Civil action to be referred to Attorney General.

2909. Investigations by Secretary; oaths and affirmations;

subpenas; judicial enforcement; contempt proceedings; service of

process.

2910. Preemption of other Federal and State programs; applicability

of provisions to amendments to orders.

2911. Authorization of appropriations.

2912 to 2918. Omitted.

-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. 2901 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2901. Congressional findings and declaration of policy

-STATUTE-

(a) Congress finds that -

(1) beef and beef products are basic foods that are a valuable

part of human diet;

(2) the production of beef and beef products plays a

significant role in the Nation's economy, beef and beef products

are produced by thousands of beef producers and processed by

numerous processing entities, and beef and beef products are

consumed by millions of people throughout the United States and

foreign countries;

(3) beef and beef products should be readily available and

marketed efficiently to ensure that the people of the United

States receive adequate nourishment;

(4) the maintenance and expansion of existing markets for beef

and beef products are vital to the welfare of beef producers and

those concerned with marketing, using, and producing beef

products, as well as to the general economy of the Nation;

(5) there exist established State and national organizations

conducting beef promotion, research, and consumer education

programs that are invaluable to the efforts of promoting the

consumption of beef and beef products; and

(6) beef and beef products move in interstate and foreign

commerce, and beef and beef products that do not move in such

channels of commerce directly burden or affect interstate

commerce of beef and beef products.

(b) It, therefore, is declared to be the policy of Congress that

it is in the public interest to authorize the establishment,

through the exercise of the powers provided herein, of an orderly

procedure for financing (through assessments on all cattle sold in

the United States and on cattle, beef, and beef products imported

into the United States) and carrying out a coordinated program of

promotion and research designed to strengthen the beef industry's

position in the marketplace and to maintain and expand domestic and

foreign markets and uses for beef and beef products. Nothing in

this chapter shall be construed to limit the right of individual

producers to raise cattle.

-SOURCE-

(Pub. L. 94-294, Sec. 2, May 28, 1976, 90 Stat. 529; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1597.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1601(c) of Pub. L. 99-198 provided that: ''The amendments

made by this section (amending this section and sections 2902 to

2911 of this title, omitting sections 2912 to 2918 of this title

and provisions set out as a note under this section, and enacting

provisions set out as a note under this section) shall take effect

on January 1, 1986.''

EFFECTIVE DATE

Section 21 of Pub. L. 94-294 provided that: ''This Act (enacting

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

shall take effect upon enactment (May 28, 1976)''.

SHORT TITLE OF 1985 AMENDMENT

Section 1601(a) of Pub. L. 99-198 provided that: ''This section

(amending this section and sections 2902 to 2911 of this title,

omitting sections 2912 to 2918 of this title and provisions set out

as a note under this section, and enacting provisions set out as a

note under this section) may be cited as the 'Beef Promotion and

Research Act of 1985'.''

SHORT TITLE

Section 1 of Pub. L. 94-294 provided: ''That this Act (enacting

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

shall be known as the 'Beef Research and Information Act'.''

SEPARABILITY

Section 19 of Pub. L. 94-294, which 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, was

omitted in the general revision of sections 2 through 20 of Pub. L.

94-294 by Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 28, 1985,

99 Stat. 1597.

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7 USC Sec. 2902 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2902. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term ''beef'' means flesh of cattle;

(2) the term ''beef products'' means edible products produced

in whole or in part from beef, exclusive of milk and products

made therefrom;

(3) the term ''Board'' means the Cattlemen's Beef Promotion and

Research Board established under section 2904(1) of this title;

(4) the term ''cattle'' means live domesticated bovine animals

regardless of age;

(5) the term ''Committee'' means the Beef Promotion Operating

Committee established under section 2904(5) of this title;

(6) the term ''consumer information'' means nutritional data

and other information that will assist consumers and other

persons in making evaluations and decisions regarding the

purchasing, preparing, and use of beef and beef products;

(7) the term ''Department'' means the Department of

Agriculture. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(8) the term ''importer'' means any person who imports cattle,

beef, or beef products from outside the United States;

(9) the term ''industry information'' means information and

programs that will lead to the development of new markets,

marketing strategies, increased efficiency, and activities to

enhance the image of the cattle industry;

(10) The (FOOTNOTE 2) term ''order'' means a beef promotion and

research order issued under section 2903 of this title. (FOOTNOTE

1)

(FOOTNOTE 2) So in original. Probably should not be

capitalized.

(11) the term ''person'' means any individual, group of

individuals, partnership, corporation, association, cooperative,

or any other entity;

(12) the term ''producer'' means any person who owns or

acquires ownership of cattle, except that a person shall not be

considered to be a producer if the person's only share in the

proceeds of a sale of cattle or beef is a sales commission,

handling fee, or other service fee;

(13) the term ''promotion'' means any action, including paid

advertising, to advance the image and desirability of beef and

beef products with the express intent of improving the

competitive position and stimulating sales of beef and beef

products in the marketplace;

(14) the term ''qualified State beef council'' means a beef

promotion entity that is authorized by State statute or is

organized and operating within a State, that receives voluntary

contributions and conducts beef promotion, research, and consumer

information programs, and that is recognized by the Board as the

beef promotion entity within such State;

(15) the term ''research'' means studies testing the

effectiveness of market development and promotion efforts,

studies relating to the nutritional value of beef and beef

products, other related food science research, and new product

development;

(16) the term ''Secretary'' means the Secretary of Agriculture;

(17) The (FOOTNOTE 2) term ''State'' means each of the 50

States; and

(18) the term ''United States'' means the several States and

the District of Columbia.

-SOURCE-

(Pub. L. 94-294, Sec. 3, May 28, 1976, 90 Stat. 530; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1598.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-CITE-

7 USC Sec. 2903 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2903. Issuance of orders

-STATUTE-

(a) During the period beginning on January 1, 1986, and ending

thirty days after receipt of a proposal for a beef promotion and

research order, the Secretary shall publish such proposed order and

give due notice and opportunity for public comment on such proposed

order. Such proposal may be submitted by any organization meeting

the requirements for certification under section 2905 of this title

or any interested person, including the Secretary.

(b) After notice and opportunity for public comment are given, as

provided for in subsection (a) of this section, the Secretary shall

issue a beef promotion and research order. The order shall become

effective not later than one hundred and twenty days following

publication of the proposed order.

-SOURCE-

(Pub. L. 94-294, Sec. 4, May 28, 1976, 90 Stat. 530; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1599.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

provisions relating to issuance of orders for provisions relating

to orders of Secretary to producers and slaughterers.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2902, 2904, 2911 of this

title; title 16 section 2005b.

-CITE-

7 USC Sec. 2904 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2904. Required terms in orders

-STATUTE-

An order issued under section 2903(b) of this title shall contain

the following terms and conditions:

(1) The order shall provide for the establishment and selection

of a Cattlemen's Beef Promotion and Research Board. Members of

the Board shall be cattle producers and importers appointed by

the Secretary from (A) nominations submitted by eligible State

organizations certified under section 2905 of this title (or, if

the Secretary determines that there is no eligible State

organization in a State, the Secretary may provide for

nominations from such State to be made in a different manner),

and (B) nominations submitted by importers under such procedures

as the Secretary determines appropriate. In determining

geographic representation for cattle producers on the Board,

whole States shall be considered as a unit. Each State that has

a total cattle inventory greater than five hundred thousand head

shall be entitled to at least one representative on the Board. A

State that has a total inventory of fewer than 500,000 cattle

shall be grouped, as far as practicable, with other States each

of which has a combined total inventory of not less than 500,000

cattle, into geographically contiguous units in a manner

prescribed in the order. A unit may be represented on the Board

by more than one member. For each additional million head of

cattle within a unit, such unit shall be entitled to an

additional member on the Board. The Board may recommend a change

in the level of inventory per unit necessary for representation

on the Board and, on such recommendation, the Secretary may

change the level necessary for representation on the Board. The

number of members on the Board that represent importers shall be

determined by the Secretary on a proportional basis, by

converting the volume of imported beef and beef products into

live animal equivalencies.

(2) The order shall define the powers and duties of the Board,

which shall be exercised at an annual meeting, and shall include

only the following powers:

(A) To administer the order in accordance with its terms and

provisions.

(B) To make rules and regulations to effectuate the terms and

provisions of the order.

(C) To elect members of the Board to serve on the Committee.

(D) To approve or disapprove budgets submitted by the

Committee.

(E) To receive, investigate, and report to the Secretary

complaints of violations of the order.

(F) To recommend to the Secretary amendments to the order.

In addition, the order shall determine the circumstances under

which special meetings of the Board may be held.

(3) The order shall provide that the term of appointment to the

Board shall be three years with no member serving more than two

consecutive terms, except that initial appointments shall be

proportionately for one-year, two-year, and three-year terms; and

that Board members shall serve without compensation, but shall be

reimbursed for their reasonable expenses incurred in performing

their duties as members of the Board.

(4)(A) The order shall provide that the Board shall elect from

its membership ten members to serve on the Beef Promotion

Operating Committee, which shall be composed of ten members of

the Board and ten producers elected by a federation that includes

as members the qualified State beef councils. The producers

elected by the federation shall be certified by the Secretary as

producers that are directors of a qualified State beef council.

The Secretary also shall certify that such directors are duly

elected by the federation as representatives to the Committee.

(B) The Committee shall develop plans or projects of promotion

and advertising, research, consumer information, and industry

information, which shall be paid for with assessments collected

by the Board. In developing plans or projects, the Committee

shall -

(i) to the extent practicable, take into account similarities

and differences between certain beef, beef products, and veal;

and

(ii) ensure that segments of the beef industry that enjoy a

unique consumer identity receive equitable and fair treatment

under this chapter.

(C) The Committee shall be responsible for developing and

submitting to the Board, for its approval, budgets on a fiscal

year basis of its anticipated expenses and disbursements,

including probable costs of advertising and promotion, research,

consumer information, and industry information projects. The

Board shall approve or disapprove such budgets and, if approved,

shall submit such budget to the Secretary for the Secretary's

approval.

(D) The total costs of collection of assessments and

administrative staff incurred by the Board during any fiscal year

shall not exceed 5 per centum of the projected total assessments

to be collected by the Board for such fiscal year. The Board

shall use, to the extent possible, the resources, staffs, and

facilities of existing organizations.

(5) The order shall provide that terms of appointment to the

Committee shall be one year, and that no person may serve on the

Committee for more than six consecutive terms. Committee members

shall serve without compensation, but shall be reimbursed for

their reasonable expenses incurred in performing their duties as

members of the Committee. The Committee may utilize the

resources, staffs, and facilities of the Board and industry

organizations. An employee of an industry organization may not

receive compensation for work performed for the Committee, but

shall be reimbursed from assessments collected by the Board for

reasonable expenses incurred in performing such work.

(6) The order shall provide that, to ensure coordination and

efficient use of funds, the Committee shall enter into contracts

or agreements for implementing and carrying out the activities

authorized by this chapter with established national nonprofit

industry-governed organizations, including the federation

referred to in paragraph (4), to implement programs of promotion,

research, consumer information, and industry information. Any

such contract or agreement shall provide that -

(A) the person entering the contract or agreement shall

develop and submit to the Committee a plan or project together

with a budget or budgets that shows estimated costs to be

incurred for the plan or project;

(B) the plan or project shall become effective on the

approval of the Secretary; and

(C) the person entering the contract or agreement shall keep

accurate records of all of its transactions, account for funds

received and expended, and make periodic reports to the

Committee of activities conducted, and such other reports as

the Secretary, the Board, or the Committee may require.

(7) The order shall require the Board and the Committee to -

(A) maintain such books and records, which shall be available

to the Secretary for inspection and audit, as the Secretary may

prescribe;

(B) prepare and submit to the Secretary, from time to time,

such reports as the Secretary may prescribe; and

(C) account for the receipt and disbursement of all funds

entrusted to them.

(8)(A) The order shall provide that each person making payment

to a producer for cattle purchased from the producer shall, in

the manner prescribed by the order, collect an assessment and

remit the assessment to the Board. The Board shall use qualified

State beef councils to collect such assessments.

(B) If an appropriate qualified State beef council does not

exist to collect an assessment in accordance with paragraph (1),

such assessment shall be collected by the Board.

(C) The order also shall provide that each importer of cattle,

beef, or beef products shall pay an assessment, in the manner

prescribed by the order, to the Board. The assessments shall be

used for payment of the costs of plans and projects, as provided

for in paragraph (4), and expenses in administering the order,

including more administrative costs incurred by the Secretary

after the order has been promulgated under this chapter, and to

establish a reasonable reserve. The rate of assessment

prescribed by the order shall be one dollar per head of cattle,

or the equivalent thereof in the case of imported beef and beef

products. A producer who can establish that the producer is

participating in a program of an established qualified State beef

council shall receive credit, in determining the assessment due

from such producer, for contributions to such program of up to 50

cents per head of cattle or the equivalent thereof. There shall

be only one qualified State beef council in each State. Any

person marketing from (FOOTNOTE 1) beef from cattle of the

person's own production shall remit the assessment to the Board

in the manner prescribed by the order.

(FOOTNOTE 1) So in original. The word ''from'' probably should

not appear.

(9) The order shall provide that the Board, with the approval

of the Secretary, may invest, pending disbursement, funds

collected through assessments only in obligations of the United

States or any agency thereof, in general obligations of any State

or any political subdivision thereof, in any interest-bearing

account or certificate of deposit of a bank that is a member of

the Federal Reserve System, or in obligations fully guaranteed as

to principal and interest by the United States.

(10) The order shall prohibit any funds collected by the Board

under the order from being used in any manner for the purpose of

influencing governmental action or policy, with the exception of

recommending amendments to the order.

(11) The order shall require that each person making payment to

a producer, any person marketing beef from cattle of the person's

own production directly to consumers, and any importer of cattle,

beef, or beef products maintain and make available for inspection

such books and records as may be required by the order and file

reports at the time, in the manner, and having the content

prescribed by the order. Such information shall be made

available to the Secretary as is appropriate to the

administration or enforcement of this chapter, the order, or any

regulation issued under this chapter. In addition, the Secretary

shall authorize the use of information regarding persons paying

producers that is accumulated under a law or regulation other

than this chapter or regulations under this chapter.

All information so obtained shall be kept confidential by all

officers and employees of the Department, and only such

information so obtained as the Secretary deems relevant may be

disclosed by them and then only in a suit or administrative

hearing brought at the request of the Secretary, or to which the

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

involving the order. Nothing in this paragraph may be deemed to

prohibit -

(A) the issuance of general statements, based on the reports,

of the number of persons subject to the order or statistical

data collected therefrom, which statements do not identify the

information furnished by any person; or

(B) the publication, by direction of the Secretary, of the

name of any person violating the order, together with a

statement of the particular provisions of the order violated by

the person.

No information obtained under the authority of this chapter may

be made available to any agency or officer of the United States

for any purpose other than the implementation of this chapter and

any investigatory or enforcement act necessary for the

implementation of this chapter. Any person violating the

provisions of this paragraph shall be subject to a fine of not

more than $1,000, or to imprisonment for not more than one year,

or both, and if an officer or employee of the Board or the

Department, shall be removed from office.

(12) The order shall contain terms and conditions, not

inconsistent with the provisions of this chapter, as necessary to

effectuate the provisions of the order.

-SOURCE-

(Pub. L. 94-294, Sec. 5, May 28, 1976, 90 Stat. 530; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1599.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

provisions relating to required terms in orders for provisions

relating to notice and hearing upon proposed orders.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2902, 2905, 2907 of this

title.

-CITE-

7 USC Sec. 2905 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2905. Certification of organizations to nominate

-STATUTE-

(a) Eligibility of State organization certified by Secretary;

eligibility criteria

The eligibility of any State organization to represent producers

and to participate in the making of nominations under section

2904(1) of this title shall be certified by the Secretary. The

Secretary shall certify any State organization that the Secretary

determines meets the eligibility criteria established under

subsection (b) of this section and such determination as to

eligibility shall be final.

(b) State cattle association or State general farm organization

A State cattle association or State general farm organization may

be certified as described in subsection (a) of this section if such

association or organization meets all of the following eligibility

criteria:

(1) The association or organization's total paid membership is

comprised of at least a majority of cattle producers or the

association or organization's total paid membership represents at

least a majority of the cattle producers in the State.

(2) The association or organization represents a substantial

number of producers that produce a substantial number of cattle

in the State.

(3) The association or organization has a history of stability

and permanency.

(4) A primary or overriding purpose of the association or

organization is to promote the economic welfare of cattle

producers.

(c) Factual report basis for certification of State cattle

association and State general farm association

Certification of State cattle associations and State general farm

organizations shall be based on a factual report submitted by the

association or organization involved.

(d) Certification of more than one State organization; caucus

If more than one State organization is certified in a State (or

in a unit referred to in section 2904(1) of this title), such

organizations may caucus to determine any of such State's (or such

unit's) nominations under section 2904(1) of this title.

-SOURCE-

(Pub. L. 94-294, Sec. 6, May 28, 1976, 90 Stat. 531; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1603.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

provisions relating to certification of organizations to nominate

for provisions relating to findings and issuance of orders.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2903, 2904 of this title.

-CITE-

7 USC Sec. 2906 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2906. Requirement of referendum

-STATUTE-

(a) Continuation or termination of order

For the purpose of determining whether the initial order shall be

continued, not later than 22 months after the issuance of the order

(or any earlier date recommended by the Board), the Secretary shall

conduct a referendum among persons who have been producers or

importers during a representative period, as determined by the

Secretary. The order shall be continued only if the Secretary

determines that it has been approved by not less than 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 cattle. If continuation of the order is not approved

by a majority of those voting in the referendum, the Secretary

shall terminate collection of assessments under the order within

six months after the Secretary determines that continuation of the

order is not favored by a majority voting in the referendum and

shall terminate the order in an orderly manner as soon as

practicable after such determination.

(b) Additional referendum to determine suspension or termination of

order

After the initial referendum, the Secretary may conduct a

referendum on the request of a representative group comprising 10

per centum or more of the number of cattle producers to determine

whether cattle producers 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 cattle and shall terminate or suspend

the order in an orderly manner as soon as practicable after such

determination.

(c) Reimbursement for cost of referendum; time and place of

referendum; certification by producers; absentee mail ballot

The Department shall be reimbursed from assessments collected by

the Board for any expenses incurred by the Department in connection

with conducting any referendum under this section, except for the

salaries of Government employees. Any referendum conducted under

this section shall be conducted on a date established by the

Secretary, whereby producers shall certify that they were engaged

in the production of cattle during the representative period and,

on the same day, shall be provided an opportunity to vote in the

referendum. Each referendum shall be conducted at county extension

offices, and there shall be provision for an absentee mail ballot

on request.

-SOURCE-

(Pub. L. 94-294, Sec. 7, May 28, 1976, 90 Stat. 531; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1604.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

provisions relating to requirement of referendum for provisions

relating to permissive terms and conditions in orders.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2907 of this title.

-CITE-

7 USC Sec. 2907 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2907. Refunds

-STATUTE-

(a) Establishment of escrow account

During the period prior to the approval of the continuation of an

order pursuant to the referendum required under section 2906(a) of

this title, subject to subsection (f) of this section, the Board

shall -

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

refunds;

(2) place funds in such account in accordance with subsection

(b) of this section; and

(3) refund assessments to persons in accordance with this

section.

(b) Funding escrow account

Subject to subsection (f) of this section, the Board shall place

in such account, from assessments collected under section 2906 of

this title during the period referred to in subsection (a) of this

section, an amount equal to the product obtained by multiplying -

(1) the total amount of assessments collected under section

2906 of this title during such period; by

(2) the greater of -

(A) the average rate of assessment refunds provided to

producers under State beef promotion, research, and consumer

information programs financed through producer assessments, as

determined by the Board; or

(B) 15 percent.

(c) Demand and receipt of one-time refund

Subject to subsections (d), (e), and (f) of this section and

notwithstanding any other provision of this chapter, (FOOTNOTE 1)

any person shall have the right to demand and receive from the

Board a one-time refund of all assessments collected under section

2906 of this title from such person during the period referred to

in subsection (a) of this section if such person -

(FOOTNOTE 1) See References in Text note below.

(1) is responsible for paying such assessment; and

(2) does not support the program established under this

chapter.

(d) Form and time period for demand for one-time refund

Such demand shall be made in accordance with regulations, on a

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

(e) Submission of proof for one-time refund

Such refund shall be made 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.

(f) Insufficiency of funds in escrow account; proration of funds

among eligible persons

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

established by subsection (a) of this section is not sufficient to

refund the total amount of assessments demanded by all eligible

persons under this section and the continuation of an order is

approved pursuant to the referendum required under section 2906(a)

(FOOTNOTE 1) of this title, the Board shall -

(A) continue to place in such account, from assessments

collected under section 2904 of this title, the amount required

under subsection (b) of this section, until such time as the

Board is able to comply with subparagraph (B); and

(B) provide to all eligible persons the total amount of

assessments demanded by all eligible producers.

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

established by subsection (a) of this section is not sufficient to

refund the total amount of assessments demanded by all eligible

persons under this section and the continuation of an order is not

approved pursuant to the referendum required under section 2906(a)

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

among all eligible persons who demand such refund.

-SOURCE-

(Pub. L. 94-294, Sec. 8, May 28, 1976, 90 Stat. 532; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1604.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in provisions preceding par. 1 of

subsec. (c), was in the original ''this subtitle'', and was

translated as reading ''this Act'' to reflect the probable intent

of Congress.

Section 2906(a) of this title, referred to in subsec. (f)(1), was

in the original a reference to section 10(a) of Pub. L. 94-294,

section 2909(a) of this title, and was translated as section

2906(a) of this title as the probable intent of Congress, in view

of section 2909 of this title not containing a subsec. (a) and the

subject matter of section 2906(a) which relates to a referendum.

-MISC2-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

provisions relating to refunds for provisions relating to required

terms and conditions in orders.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-CITE-

7 USC Sec. 2908 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2908. Enforcement

-STATUTE-

(a) Restraining order; civil penalty

If the Secretary believes that the administration and enforcement

of this chapter or an order would be adequately served by such

procedure, following an opportunity for an administrative hearing

on the record, the Secretary may -

(1) issue an order to restrain or prevent a person from

violating an order; and

(2) assess a civil penalty of not more than $5,000 for

violation of such order.

(b) Jurisdiction of district court

The district courts of the United States are vested with

jurisdiction specifically to enforce, and to prevent and restrain a

person from violating, an order or regulation made or issued under

this chapter.

(c) Civil action to be referred to Attorney General

A civil action authorized to be brought under this section shall

be referred to the Attorney General for appropriate action.

-SOURCE-

(Pub. L. 94-294, Sec. 9, May 28, 1976, 90 Stat. 534; Pub. L.

95-334, title III, Sec. 302, Aug. 4, 1978, 92 Stat. 433; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1605.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

provisions relating to enforcement for provisions relating to

referendum and cattle producer approval of orders, reimbursement of

expenses by Secretary, procedural requirements, and bonding

requirements.

1978 - Pub. L. 95-334 substituted ''a majority'' for ''not less

than two-thirds''.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-CITE-

7 USC Sec. 2909 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2909. Investigations by Secretary; oaths and affirmations;

subpenas; judicial enforcement; contempt proceedings; service

of process

-STATUTE-

The Secretary may make such investigations as the Secretary deems

necessary for the effective administration of this chapter or to

determine whether any person subject to this chapter has engaged or

is about to engage in any act that constitutes or will constitute a

violation of this chapter, the order, or any rule or regulation

issued under this chapter. 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. The

attendance of witnesses and the production of records may be

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

by, or refusal to obey a subpoena 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

requiring the attendance and testimony of the person and the

production of records. The court may issue an order requiring such

person to appear before the Secretary to produce records or to give

testimony regarding the matter under investigation. Any failure to

obey such order of the court may be punished by such court as a

contempt thereof. Process in any such case may be served in the

judicial district in which such person is an inhabitant or wherever

such person may be found.

-SOURCE-

(Pub. L. 94-294, Sec. 10, May 28, 1976, 90 Stat. 535; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1606.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

provisions relating to investigations, power to subpoena and take

oaths and affirmations, and aid of courts, for provisions relating

to termination or suspension of orders.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-CITE-

7 USC Sec. 2910 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2910. Preemption of other Federal and State programs;

applicability of provisions to amendments to orders

-STATUTE-

(a) Nothing in this chapter may be construed to preempt or

supersede any other program relating to beef promotion organized

and operated under the laws of the United States or any State.

(b) The provisions of this chapter applicable to the order shall

be applicable to amendments to the order.

-SOURCE-

(Pub. L. 94-294, Sec. 11, May 28, 1976, 90 Stat. 535; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1606.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

administrative provisions for provisions relating to applicability

of provisions to amendments to orders.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-CITE-

7 USC Sec. 2911 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2911. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out this chapter. Sums appropriated to carry

out this chapter shall not be available for payment of the expenses

or expenditures of the Board or the Committee in administering any

provisions of the order issued under section 2903(b) of this title.

-SOURCE-

(Pub. L. 94-294, Sec. 12, May 28, 1976, 90 Stat. 535; Pub. L.

99-198, title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1606.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 amended section generally, substituting

provisions relating to authorization of appropriations for

provisions relating to refund of assessment from Beef Board.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section

1601(c) of Pub. L. 99-198, set out as a note under section 2901 of

this title.

-CITE-

7 USC Sec. 2912 to 2918 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 62 - BEEF RESEARCH AND INFORMATION

-HEAD-

Sec. 2912 to 2918. Omitted

-COD-

CODIFICATION

Sections 2912 to 2918 of this title were omitted in the general

revision of this chapter by Pub. L. 99-198, title XVI, Sec.

1601(b), Dec. 23, 1985, 99 Stat. 1597.

Section 2912, Pub. L. 94-294, Sec. 13, May 28, 1976, 90 Stat.

535, related to administrative review of orders, petition for such

review, a hearing, and judicial review.

Section 2913, Pub. L. 94-294, Sec. 14, May 28, 1976, 90 Stat.

536, related to enforcement of orders, referral of civil actions to

Attorney General, penalties for willful violations, and

availability of additional remedies. See section 2908 of this

title.

Section 2914, Pub. L. 94-294, Sec. 15, May 28, 1976, 90 Stat.

536, related to certification of organizations and contents of a

factual report as criteria. See section 2905 of this title.

Section 2915, Pub. L. 94-294, Sec. 16, May 28, 1976, 90 Stat.

537, provided that nothing in this chapter be construed to

interfere with workings of any State beef board, council, or other

promotion entity. See section 2910(a) of this title.

Section 2916, Pub. L. 94-294, Sec. 17, May 28, 1976, 90 Stat.

537, authorized Secretary to promulgate regulations to carry out

this chapter.

Section 2917, Pub. L. 94-294, Sec. 18, May 28, 1976, 90 Stat.

537, related to investigations by Secretary, oaths and

affirmations, subpenas, judicial enforcement, contempt proceedings,

and service of process. See section 2909 of this title.

Section 2918, Pub. L. 94-294, Sec. 20, May 28, 1976, 90 Stat.

538, authorized appropriations to carry out this chapter. See

section 2911 of this title.

-CITE-