US (United States) Code. Title 7. Chapter 99: Sheep promotion, research and consumer information

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

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-CITE-

7 USC CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND

INFORMATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

.

-HEAD-

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-MISC1-

Sec.

7101. Findings and declaration of policy.

(a) Findings.

(b) Policy.

(c) Construction.

7102. Definitions.

7103. Issuance and amendment of orders.

(a) In general.

(b) Procedure.

(c) Amendments.

7104. Required terms in orders.

(a) In general.

(b) Establishment and membership of Board.

(c) Method for obtaining nominations.

(d) Administration.

(e) Powers and duties of Board.

(f) Budgets.

(g) Executive Committee.

(h) Expenses, contracts, and agreements.

(i) Assessments.

(j) Books and records of Board.

(k) Investment of funds.

(l) Prohibition on use of funds.

(m) Books and records.

(n) Other terms and conditions.

7105. Referenda.

(a) Initial referendum.

(b) Additional referenda.

(c) Procedures.

7106. Petition and review.

(a) Petition.

(b) Review.

7107. Enforcement.

(a) Jurisdiction.

(b) Referral to Attorney General.

(c) Civil penalties and orders.

(d) Review by court of appeals.

(e) Failure to obey orders.

(f) Failure to pay penalties.

(g) Additional remedies.

7108. Investigations and power to subpoena.

(a) Investigations.

(b) Subpoenas, oaths, and affirmations.

(c) Aid of courts.

(d) Contempt.

(e) Process.

7109. Administrative provisions.

(a) Construction.

(b) Amendments to orders.

7110. Regulations.

7111. Authorization of appropriations.

(a) In general.

(b) Administrative expenses.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

-CITE-

7 USC Sec. 7101 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7101. Findings and declaration of policy

-STATUTE-

(a) Findings

Congress finds that -

(1) sheep and sheep products are important goods;

(2) the production of sheep and sheep products play a

significant role in the economy of the United States in that

sheep and sheep products are produced throughout the United

States and used by millions of people throughout the United

States and foreign countries;

(3) sheep and sheep products must be high quality, readily

available, handled properly, and marketed efficiently to ensure

that consumers have an adequate supply of sheep products;

(4) the maintenance and expansion of existing markets and

development of new markets for sheep and sheep products are vital

to the welfare of sheep producers and persons concerned with

marketing, using, and producing sheep and sheep products, as well

as to the general economy of the United States, and necessary to

ensure the ready availability and efficient marketing of sheep

and sheep products;

(5) there exist established State organizations conducting

sheep and sheep product promotion, research, and industry and

consumer education programs that are invaluable to the efforts of

promoting the consumption of sheep and sheep products;

(6) the cooperative development, financing, and implementation

of a coordinated national program of sheep and sheep product

promotion, research, consumer information, education, and

industry information are necessary to maintain and expand

existing markets and develop new markets for sheep and sheep

products; and

(7) sheep and sheep products move in interstate and foreign

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

channels of commerce directly burden or affect interstate

commerce in sheep and sheep products.

(b) Policy

It is the policy of Congress that it is in the public interest to

authorize the establishment, through the exercise of the powers

provided in this chapter, of an orderly procedure for developing,

financing (through adequate assessments on sheep and sheep products

produced or imported into the United States), and carrying out an

effective, continuous, coordinated program of promotion, research,

consumer information, education, and industry information designed

to -

(1) strengthen the position of the sheep and sheep product

industry in the marketplace;

(2) maintain and expand existing domestic and foreign markets

and uses for sheep and sheep products; and

(3) develop new markets and uses for sheep and sheep products.

(c) Construction

Nothing in this chapter provides for the control of production,

or otherwise limits, the right of any person to produce sheep or

sheep products.

-SOURCE-

(Pub. L. 103-407, Sec. 2, Oct. 22, 1994, 108 Stat. 4210.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 103-407 provided that: ''This Act (enacting

this chapter) may be cited as the 'Sheep Promotion, Research, and

Information Act of 1994'.''

WOOL RESEARCH, DEVELOPMENT, AND PROMOTION TRUST FUND

Pub. L. 106-200, title V, Sec. 506, May 18, 2000, 114 Stat. 303,

as amended by Pub. L. 107-210, div. E, title L, Sec. 5102(c)(2),

Aug. 6, 2002, 116 Stat. 1047, provided that:

''(a) Establishment. - There is hereby established within the

Treasury of the United States a trust fund to be known as the Wool

Research, Development, and Promotion Trust Fund (hereafter in this

section referred to as the 'Trust Fund'), consisting of such

amounts as may be transferred to the Trust Fund under subsection

(b)(1) and any amounts as may be credited to the Trust Fund under

subsection (c)(2).

''(b) Transfer of Amounts. -

''(1) In general. - The Secretary of the Treasury shall

transfer to the Trust Fund out of the general fund of the

Treasury of the United States amounts determined by the Secretary

of the Treasury to be equivalent to the amounts received into

such general fund that are attributable to the duty received on

articles under chapters 51 and 52 of the Harmonized Tariff

Schedule of the United States (see Publication of Harmonized

Tariff Schedule note set out under section 1202 of Title 19,

Customs Duties), subject to the limitation in paragraph (2).

''(2) Limitation. - The Secretary shall not transfer more than

$2,250,000 to the Trust Fund in any fiscal year.

''(3) Transfers based on estimates. - The amounts required to

be transferred under paragraph (1) shall be transferred at least

quarterly from the general fund of the Treasury of the United

States to the Trust Fund on the basis of estimates made by the

Secretary of the Treasury of the amounts referred to in paragraph

(1) that are received into the Treasury. Proper adjustments shall

be made in the amounts subsequently transferred to the extent

prior estimates were in excess of, or less than, the amounts

required to be transferred.

''(c) Investment of Trust Fund. -

''(1) In general. - It shall be the duty of the Secretary of

the Treasury to invest such portion of the Trust Fund as is not,

in the Secretary's judgment, required to meet current

withdrawals. Such investments may be made only in

interest-bearing obligations of the United States or in

obligations guaranteed as to both principal and interest by the

United States. For such purpose, such obligations may be acquired

on original issue at the issue price or by purchase of

outstanding obligations at the market price. Any obligation

acquired by the Trust Fund may be sold by the Secretary of the

Treasury at the market price.

''(2) Interest and proceeds from sale or redemption of

obligations. - The interest on, and the proceeds from the sale or

redemption of, any obligations held in the Trust Fund shall be

credited to and form a part of the Trust Fund.

''(d) Availability of Amounts from Trust Fund. - From amounts

available in the Trust Fund (including any amounts not obligated in

previous fiscal years), the Secretary of Agriculture is authorized

to provide grants to a nationally-recognized council established

for the development of the United States wool market for the

following purposes:

''(1) Assist United States wool producers to improve the

quality of wool produced in the United States, including to

improve wool production methods.

''(2) Disseminate information on improvements described in

paragraph (1) to United States wool producers generally.

''(3) Assist United States wool producers in the development

and promotion of the wool market.

''(e) Reports to Congress. - The Secretary of the Treasury, in

consultation with the Secretary of Agriculture, shall prepare and

submit to Congress an annual report on the financial condition and

the results of the operations of the Trust Fund, including a

description of the use of amounts of grants provided under

subsection (d), during the preceding fiscal year and on its

expected condition and operations during the next fiscal year.

''(f) Sunset Provision. - Effective January 1, 2006, the Trust

Fund shall be abolished and all amounts in the Trust Fund on such

date shall be transferred to the general fund of the Treasury of

the United States.''

-CITE-

7 USC Sec. 7102 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7102. Definitions

-STATUTE-

As used in this chapter (unless the context clearly requires

otherwise):

(1) Board

The term ''Board'' means the National Sheep Promotion,

Research, and Information Board established under section 7104(b)

of this title.

(2) Carbonized wool

The term ''carbonized wool'' means wool that has been immersed

in a bath, usually of mineral acids or acid salts, that destroys

vegetable matter in the wool, but does not affect the wool

fibres. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''fibers.''

(3) Consumer information

The term ''consumer information'' means nutritional data and

other information that will assist consumers and other persons in

making evaluations and decisions regarding the purchase,

preparation, or use of sheep products.

(4) Customs Service

The term ''Customs Service'' means United States Customs

Service of the Department of the Treasury.

(5) Degreased wool

The term ''degreased wool'' means wool from which the bulk of

impurities has been removed by processing.

(6) Department

The term ''Department'' means the United States Department of

Agriculture.

(7) Education

The term ''education'' means activities providing information

relating to the sheep industry or sheep products to producers,

feeders, importers, consumers, and other persons.

(8) Executive Committee

The term ''Executive Committee'' means the Executive Committee

established under section 7104(g) of this title.

(9) Exporter

The term ''exporter'' means any person who exports domestic

live sheep or greasy wool from the United States.

(10) Feeder

The term ''feeder'' means a person who feeds lambs until the

lambs reach slaughter weight.

(11) Greasy wool

The term ''greasy wool'' means wool that has not been washed or

otherwise cleaned.

(12) Handler

The term ''handler'' means any person who purchases and markets

greasy wool.

(13) Importer

The term ''importer'' means any person who imports sheep or

sheep products into the United States.

(14) Industry information

The term ''industry information'' means information and

programs that will lead to increased efficiency in processing and

the development of new markets, marketing strategies, increased

marketing efficiency, and activities to enhance the image of

sheep or sheep products on a national or international basis.

(15) Order

The term ''order'' means a sheep and wool promotion, research,

education, and information order issued under section 7103 of

this title.

(16) Person

The term ''person'' means any individual, group of individuals,

partnership, corporation, association, cooperative, or any other

legal entity.

(17) Processor

The term ''processor'' means any person who slaughters sheep or

processes greasy wool into degreased wool.

(18) Producer

The term ''producer'' means any person, other than a feeder,

who owns or acquires ownership of sheep.

(19) Producer information

The term ''producer information'' means activities designed to

provide producers, feeders, and importers with information

relating to production or marketing efficiencies or developments,

program activities, or other information that would facilitate an

increase in the consumption of sheep or sheep products.

(20) Promotion

The term ''promotion'' means any action (including paid

advertising) to advance the image and desirability of sheep or

sheep products to improve the competitive position, and stimulate

sales, of sheep products in the domestic and international

marketplace.

(21) Pulled wool

The term ''pulled wool'' means wool that is pulled from the

skin of a slaughtered sheep.

(22) Qualified State sheep board

The term ''qualified State sheep board'' means a sheep and wool

promotion entity that -

(A) is authorized by State statute or is otherwise organized

and operating within a State;

(B) receives voluntary contributions or dues and conducts

promotion, research, or consumer information programs with

respect to sheep or wool, or both; and

(C) is recognized by the Board as the sheep and wool

promotion entity within the State;

except that not more than 1 qualified State sheep board shall

exist in any State at any 1 time.

(23) Raw wool

The term ''raw wool'' means greasy wool, pulled wool, degreased

wool, or carbonized wool.

(24) Research

The term ''research'' means development projects and studies

relating to the production (including the feeding of sheep),

processing, distribution, or use of sheep or sheep products to

encourage, expand, improve, or make more efficient the marketing

of sheep or sheep products.

(25) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(26) Sheep

The term ''sheep'' means ovine animals of any age, including

lambs.

(27) Sheep products

The term ''sheep products'' means products produced, in whole

or in part, from sheep, including wool and products containing

wool fiber.

(28) State

The term ''State'' means each of the 50 States.

(29) Unit

The term ''unit'' means each State, group of States, or class

designation that is represented on the Board.

(30) United States

The term ''United States'' means the 50 States and the District

of Columbia.

(31) Wool

The term ''wool'' means the fiber from the fleece of a sheep.

(32) Wool products

The term ''wool products'' means products produced, in whole or

in part, from wool and products containing wool fiber.

-SOURCE-

(Pub. L. 103-407, Sec. 3, Oct. 22, 1994, 108 Stat. 4211.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7103 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7103. Issuance and amendment of orders

-STATUTE-

(a) In general

Subject to subsection (b) of this section, the Secretary shall

issue orders under this chapter applicable to producers, feeders,

importers, handlers, and purchasers of sheep and sheep products.

Any order shall be national in scope. Not more than 1 order shall

be in effect under this chapter at any 1 time.

(b) Procedure

(1) Proposal or request for issuance

The Secretary may propose the issuance of an order under this

chapter, or an association of producers may request the issuance

of, and submit a proposal for, an order.

(2) Notice and comment concerning proposed order

Not later than 60 days after the receipt of a request and

proposal for an order under paragraph (1), the Secretary shall

publish a proposed order and give due notice and opportunity for

public comment on the proposed order.

(3) Issuance of orders

After notice and opportunity for public comment are given as

provided in paragraph (2), the Secretary shall issue an order,

taking into consideration the comments received, that includes

provisions necessary to ensure that the order is in conformity

with this chapter. The order shall be issued not later than 180

days following publication of the proposed order.

(4) Referendum

The order shall go into effect only if the order is approved by

producers, feeders, and importers in a referendum conducted under

section 7105 of this title.

(c) Amendments

The Secretary, from time to time, may amend any order issued

under this chapter.

-SOURCE-

(Pub. L. 103-407, Sec. 4, Oct. 22, 1994, 108 Stat. 4213.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7102, 7105 of this title.

-CITE-

7 USC Sec. 7104 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7104. Required terms in orders

-STATUTE-

(a) In general

An order issued under this chapter shall contain the terms and

conditions specified in this section.

(b) Establishment and membership of Board

(1) In general

The order shall provide for the establishment of, and

appointment of members to, a National Sheep Promotion, Research,

and Information Board to administer the order. Members of the

Board shall be appointed by the Secretary from nominations

provided in accordance with this subsection. The cumulative

number of seats on the Board shall be 120 and shall be

apportioned as follows:

(A) Producers

Producers shall be appointed to the Board to represent

States, with each State represented by the following number of

members:

Alabama 1

Alaska 1

Arizona 1

Arkansas 1

California 5

Colorado 4

Connecticut 1

Delaware 1

Florida 1

Georgia 1

Hawaii 1

Idaho 2

Illinois 1

Indiana 1

Iowa 2

Kansas 1

Kentucky 1

Louisiana 1

Maine 1

Maryland 1

Massachusetts 1

Michigan 1

Minnesota 2

Mississippi 1

Missouri 1

Montana 5

Nebraska 1

Nevada 1

New Hampshire 1

New Jersey 1

New Mexico 2

New York 1

North Carolina 1

North Dakota 2

Ohio 1

Oklahoma 1

Oregon 2

Pennsylvania 1

Rhode Island 1

South Carolina 1

South Dakota 4

Tennessee 1

Texas 10

Utah 3

Vermont 1

Virginia 1

Washington 1

West Virginia 1

Wisconsin 1

Wyoming 5

(B) Feeders

The feeder sheep industry shall be represented on the Board

by 10 members.

(C) Importers

Importers shall be represented on the Board by 25 members.

(D) Alternates

The order shall provide that a unit represented by only 1

member may have an alternate member appointed to ensure

representation at meetings of the Board.

(2) Nominations

(A) Producers

The Secretary shall appoint producers to represent units

established under paragraph (1)(A) from nominations submitted

by eligible organizations certified under subsection (c)(3) of

this section. An eligible organization may submit only

nominations from the membership of the organization for the

unit in which the organization is located. To be represented

on the Board, each eligible organization shall submit to the

Secretary at least 1.5 nominations for each appointment to the

Board for which the unit is entitled to representation, as

determined under paragraph (1)(A). If a unit is entitled to 1

appointment on the Board, the unit shall submit at least 2

nominations for the appointment.

(B) Feeders

The Secretary shall appoint representatives of the feeder

sheep industry to seats established under paragraph (1)(B) from

nominations submitted by qualified national organizations that

represent the feeder sheep industry. To be represented on the

Board, the industry shall provide at least 1.5 nominations for

each appointment to the Board for which the feeder sheep

industry is entitled to representation, as determined under

paragraph (1)(B).

(C) Importers

The Secretary shall appoint importers to seats established

under paragraph (1)(C) from nominations submitted by qualified

organizations that represent importers, as determined by the

Secretary. To be represented on the Board, importers shall

provide at least 1.5 nominations for each appointment to the

Board for which importers are entitled to representation, as

determined under paragraph (1)(C).

(c) Method for obtaining nominations

(1) Initially established Board

(A) Producer nominations

The Secretary shall solicit nominations for each seat on the

initially established Board to which a unit is entitled to

representation from eligible organizations certified under

paragraph (3). If no such organization exists in the unit, the

Secretary shall solicit nominations for appointments in such

manner as the Secretary determines appropriate.

(B) Feeder and importer nominations

The Secretary shall solicit nominations for each seat for

which feeders or importers are entitled to representation from

organizations that represent feeders and importers,

respectively. In determining whether an organization is

eligible to submit nominations under this subparagraph, the

Secretary shall determine whether -

(i) the active membership of the organization includes a

significant number of feeders or importers in relation to the

total membership of the organization;

(ii) there is evidence of stability and permanency of the

organization; and

(iii) the organization has a primary and overriding

interest in representing the feeder or importer segment of

the sheep industry.

(2) Subsequent appointment

(A) Producer nominations

The solicitation of nominations for subsequent appointment to

the Board from eligible organizations certified under paragraph

(3) shall be initiated by the Secretary, with the Board

securing the nominations for the Secretary.

(B) Feeder and importer nominations

The solicitation of feeder and importer nominations for seats

on the Board shall be made by the Secretary in accordance with

paragraph (1)(B).

(3) Certification of organizations

(A) In general

The eligibility of any organization to represent producers,

and to participate in the making of nominations to represent

producers under this section, shall be certified by the

Secretary. The Secretary shall certify any organization that

the Secretary determines meets the eligibility criteria

established by the Secretary under this paragraph. An

eligibility determination of the Secretary under this paragraph

shall be final.

(B) Basis for certification

Certification under this paragraph shall be based, in

addition to other available information, on a factual report

submitted by the organization, that shall contain information

considered relevant and specified by the Secretary, including -

(i) the geographic territory covered by the active

membership of the organization;

(ii) the nature and size of the active membership of the

organization, including the proportion of the total number of

active producers represented by the organization;

(iii) evidence of stability and permanency of the

organization;

(iv) sources from which the operating funds of the

organization are derived;

(v) the functions of the organization; and

(vi) the ability and willingness of the organization to

further the aims and objectives of this chapter.

(C) Primary considerations

A primary consideration in determining the eligibility of an

organization under this paragraph shall be whether -

(i) the membership of the organization consists primarily

of producers who own a substantial quantity of sheep; and

(ii) an interest of the organization is in the production

of sheep.

(d) Administration

(1) Terms

Each appointment to the Board shall be for a term of 3 years,

except that appointments to the initially established Board shall

be proportionately for 1-year, 2-year, and 3-year terms. No

person may serve more than 2 consecutive 3-year terms, except

that an elected officer of the Board shall not be subject to this

sentence while the officer holds office.

(2) Compensation

A Board member shall serve without compensation, but shall be

reimbursed for the reasonable expenses of the member incurred in

performing the duties of the Board.

(3) Meetings

The order shall provide for at least an annual meeting of the

Board and such additional meetings of the Board as may be

required.

(e) Powers and duties of Board

The order shall define the powers and duties of the Board and

shall include the power and duty -

(1) to elect officers of the Board, including a Chairperson,

Vice Chairperson, and Secretary;

(2) to administer the order in accordance with the terms and

provisions of the order;

(3) to recommend regulations to effectuate the terms and

provisions of the order;

(4) to elect members of the Board to serve on the Executive

Committee;

(5) to approve or reject budgets submitted by the Executive

Committee;

(6) on approval, to submit the budgets to the Secretary for the

approval or disapproval of the Secretary;

(7) to contract with entities, if necessary, to carry out plans

or projects in accordance with this chapter;

(8) to conduct programs of promotion, research, consumer

information, education, industry information, and producer

information;

(9) to receive, investigate, and report to the Secretary

complaints of violations of the order;

(10) to recommend to the Secretary amendments to the order;

(11) to provide the Secretary with prior notice of meetings of

the Board to permit the Secretary, or a designated

representative, to attend the meetings;

(12) to provide, not less than annually, a report to producers,

feeders, and importers accounting for funds expended by the Board

and describing programs carried out under this chapter, and to

make the report available to the public on request;

(13) to establish 7 regions that, to the extent practicable,

contain geographically contiguous States and approximately equal

numbers of producers and sheep production;

(14) to employ or retain necessary staff; and

(15) to invest funds in accordance with subsection (k) of this

section.

(f) Budgets

(1) In general

The order shall provide that the Board shall review budgets

submitted by the Executive Committee, on a fiscal year basis, of

anticipated expenses and disbursements by the Board, including

probable costs of administration and promotion, research,

consumer information, education, industry information, and

producer information projects. On approval by the Board, the

Board shall submit the budget to the Secretary for the approval

of the Secretary.

(2) Limitation

No expenditure of funds may be made by the Board unless the

expenditure is authorized under a budget or budget amendment

approved by the Secretary.

(g) Executive Committee

(1) Establishment

The order shall establish an Executive Committee to administer

the terms and provisions of the order, as provided in this

subsection, under the direction of the Board and consistent with

the policies determined by the Board.

(2) Membership

The Executive Committee shall be composed of 14 members, of

which -

(A) 11 members shall be elected by the Board on an annual

basis, of which -

(i) 7 members shall represent producers, with 1 member

representing each of the regions established in the order;

(ii) 1 member shall represent feeders; and

(iii) 3 members shall represent importers; and

(B) 3 members shall be the Chairperson, Vice Chairperson, and

Secretary of the Board.

(3) Powers and duties

(A) Plans or projects

The Executive Committee shall develop plans or projects of

promotion, research, consumer information, education, industry

information, and producer information, which shall be paid for

with assessments collected by the Board. The plans or projects

shall not become effective until the plans or projects are

approved by the Secretary.

(B) Budgets

The Executive Committee shall be responsible for developing

and submitting to the Board, for the approval of the Board,

budgets, on a fiscal year basis, of the anticipated expenses

and disbursements of the Board, including probable costs of

promotion, research, consumer information, education, industry

information, and producer information projects. The Board

shall approve or disapprove a budget submitted by the Executive

Committee, and, if approved, shall submit the budget to the

Secretary for the approval of the Secretary.

(4) Terms

A term of appointment to the Executive Committee shall be for 1

year.

(5) Chairperson

The Chairperson of the Board shall serve as Chairperson of the

Executive Committee.

(6) Quorum

A quorum of the Executive Committee shall consist of 8 members.

(h) Expenses, contracts, and agreements

(1) Expenses

The order shall provide that the Board shall be responsible for

all expenses of the Board and the Executive Committee.

(2) Contracts and agreements

A contract or agreement entered into by the Board under

subsection (e)(7) of this section shall provide that -

(A) the contracting party shall develop and submit to the

Board a plan or project, together with a budget or budgets that

provides estimated costs to be incurred for the plan or

project;

(B) the plan or project, and the contract or agreement, shall

not become effective until the plan or project has been

approved by the Secretary; and

(C) the contracting party shall -

(i) keep accurate records of all of the transactions of the

party;

(ii) account for funds received and expended, including

staff time, salaries, and expenses expended on behalf of

Board activities;

(iii) make periodic reports to the Board of activities

conducted; and

(iv) make such other reports as the Board or the Secretary

may require.

(i) Assessments

(1) Sheep purchases

(A) In general

The order shall provide that each person making payment to a

producer or feeder for sheep purchased from the producer or

feeder shall, in the manner prescribed by the order, collect an

assessment from the producer or feeder on each sheep sold by

the producer or feeder.

(B) Processing

Any person purchasing sheep for processing shall collect the

assessment from the seller and remit the assessment to the

Board in the manner prescribed by the order.

(C) Rate

(i) In general

Except as provided in clause (ii), the rate of assessment

under this paragraph shall be 1 cent per pound of live sheep

sold.

(ii) Exception

The rate of assessment under this paragraph may be raised

or lowered not more than 15/100 of a cent per pound in any 1

year, as recommended by the Executive Committee and approved

by the Board and the Secretary, except that the rate of

assessment under this paragraph shall not exceed 2.5 cents

per pound of live sheep sold.

(2) Wool purchases

(A) In general

The order shall provide that each person making payment to a

producer, feeder, or handler of wool for wool purchased from

the producer, feeder, or handler shall, in the manner

prescribed by the order, collect an assessment on each pound of

greasy wool sold.

(B) Processing

Any person purchasing greasy wool for processing shall

collect the assessment and remit the assessment to the Board in

the manner prescribed by the order.

(C) Rate

(i) In general

Except as provided in clause (ii), the rate of assessment

under this paragraph shall be 2 cents per pound of greasy

wool.

(ii) Exception

The rate of assessment under this paragraph may be raised

or lowered not more than 2/10 of a cent per pound in any 1

year, as recommended by the Executive Committee and approved

by the Board and the Secretary, except that the rate of

assessment under this paragraph shall not exceed 4 cents per

pound of greasy wool.

(3) Direct processing

The order shall provide that any person processing or causing

to be processed sheep or sheep products of that person's own

production and marketing shall -

(A) pay an assessment on the sheep or sheep products at the

time of sale at a rate equivalent to the rate provided for in

paragraph (1) or (2), as appropriate; and

(B) remit the assessment to the Board in the manner

prescribed by the order.

(4) Exports

The order shall provide that any person exporting live sheep or

greasy wool shall -

(A) pay the assessment on the sheep or greasy wool at the

time of export at a rate equivalent to the rate provided for in

paragraph (1) or (2), as appropriate; and

(B) remit the assessment to the Board in the manner

prescribed by the order.

(5) Imports

(A) In general

The order shall provide that any person importing sheep or

sheep product, and any person importing wool or products

containing wool, into the United States shall pay an assessment

to the Board in the manner prescribed by the order, except that

this paragraph shall not apply to raw wool that is imported

into the United States.

(B) Collection

The Customs Service shall collect the assessment required

under this paragraph and remit the assessment to the Secretary

for disbursement to the Board.

(C) Rate for sheep and sheep products

(i) In general

Except as provided in subparagraph (B), the rate of

assessment under this paragraph for sheep and sheep products

shall be -

(I) in the case of a live sheep, 1 cent per pound; and

(II) in the case of a sheep product, the equivalent of 1

cent per pound of live sheep, as determined by the

Secretary in consultation with the domestic sheep industry.

(ii) Exception

The rate of assessment under this subparagraph may be

raised or lowered not more than 15/100 cent per pound in any

1 year, as recommended by the Executive Committee and

approved by the Board and the Secretary, except that the rate

of assessment under this subparagraph shall not exceed 2.5

cents per pound.

(D) Rate for wool and wool products

(i) In general

Except as provided in clause (ii), the rate of assessment

under this paragraph for wool and products containing wool,

shall be 2 cents per pound of degreased wool or the

equivalent of degreased wool.

(ii) Exception

The rate of assessment under this subparagraph may be

raised or lowered not more than 2/10 cent per pound in any 1

year, as recommended by the Executive Committee and approved

by the Board and the Secretary, except that the rate of

assessment under this subparagraph shall not exceed 4 cents

per pound of degreased wool or the equivalent of degreased

wool.

(6) Qualified State sheep boards

(A) In general

Except as provided in subparagraph (B), the order shall

provide that 20 percent of the total assessments collected by

the Board on the marketing of domestic sheep and domestic sheep

products in any 1 year from a State shall be returned to the

qualified State sheep board of the State.

(B) Exception

No qualified State sheep board shall receive less than $2,500

under subparagraph (A) in any year.

(7) De minimis imports

The Secretary may issue regulations that -

(A) exclude certain imported materials or products that

contain de minimis content levels of sheep or sheep products;

and

(B) waive the assessment due on the materials or products.

(8) Use of assessments

(A) In general

The order shall provide that assessments received by the

Board shall be used by the Board for the payment of expenses

incurred in administering the order, with authorization for a

reasonable reserve.

(B) Reimbursement of Secretary

The Secretary shall be reimbursed for costs incurred in

implementing and administering the order.

(j) Books and records of Board

(1) In general

The order shall require the Board to -

(A) maintain such books and records as the Secretary may

prescribe, which shall be available to the Secretary for

inspection and audit;

(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 the Board.

(2) Audit

The Board shall cause books and records of the Board related to

the order to be audited by an independent auditor at the end of

each fiscal year. The Board shall submit a report of the audit

to the Secretary.

(k) Investment of funds

(1) In general

The order shall provide that the Board may invest, pending

disbursement, funds the Board receives under the order, only in -

(A) obligations of the United States or any agency of the

United States;

(B) general obligations of any State or any political

subdivision of a State;

(C) any interest-bearing account or certificate of deposit of

a bank that is a member of the Federal Reserve System; or

(D) obligations fully guaranteed as to principal and interest

by the United States.

(2) Use of income

Income from any investment under paragraph (1) may be used for

any purpose for which the invested funds may be used.

(l) Prohibition on use of funds

(1) In general

Except as provided in paragraph (2), the order shall prohibit

any funds collected by the Board under the order from being used

in any manner for the purpose of influencing legislation or

government action or policy.

(2) Exceptions

Paragraph (1) shall not apply to -

(A) the development and recommendation to the Secretary of

amendments to the order; or

(B) the communication to appropriate government officials, in

response to a request made by the officials, of information

relating to the conduct, implementation, or results of

promotion, research, consumer information, education, industry

information, or producer information activities under the

order.

(3) False or misleading claims

A plan or project conducted under this chapter shall not make

false or misleading claims on behalf of sheep or sheep products

or against a competing product.

(m) Books and records

(1) In general

The order shall require that each person making payment to a

producer, feeder, or handler for sheep or sheep products, each

importer and exporter of sheep or sheep products, and each person

marketing sheep products of the person's own production to

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.

(2) Use of information

(A) In general

Information from the records or reports shall be made

available to the Secretary for the administration or

enforcement of this chapter, or any order or regulation issued

under this chapter.

(B) Other information

The Secretary shall authorize the use under this chapter of

information regarding persons paying producers, feeders,

importers, handlers, or processors that is accumulated under a

law or regulation other than this chapter or a regulation

issued under this chapter.

(3) Confidentiality

(A) In general

Except as otherwise provided in this chapter, all information

obtained under paragraph (1) or (2) shall be kept confidential

by all officers and employees of the Department and of the

Board.

(B) Disclosure

Information referred to in subparagraph (A) may be disclosed

only if -

(i) the Secretary considers the information relevant;

(ii) the information is revealed in a judicial proceeding

or administrative hearing brought at the direction or on the

request of the Secretary or to which the Secretary or any

officer of the Department is a party; and

(iii) the information relates to this chapter.

(C) General statements

Nothing in this paragraph prohibits -

(i) the issuance of general statements, based on the

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

statistical data collected from the persons, which statements

do not identify the information furnished by any person; or

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

name of any person violating any order and a statement of the

particular provisions of the order violated by the person.

(D) Administration

No information obtained under this chapter may be made

available to any agency or officer of the Federal Government

for any purpose other than the implementation of this chapter

or any investigatory or enforcement action necessary for the

implementation of this chapter.

(E) Penalty

Any person who willfully violates this paragraph, on

conviction, shall be subject to a fine of not more than $1,000

or to imprisonment for not more than 1 year, or both, and if

the person is an officer or employee of the Board or the

Department, shall be removed from office.

(n) Other terms and conditions

The order shall provide such terms and conditions, not

inconsistent with this section, as are necessary to carry out the

order, including provisions for the assessment of a penalty for the

late payment of an assessment due under the order.

-SOURCE-

(Pub. L. 103-407, Sec. 5, Oct. 22, 1994, 108 Stat. 4213.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7102 of this title.

-CITE-

7 USC Sec. 7105 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7105. Referenda

-STATUTE-

(a) Initial referendum

(1) In general

Following the issuance of an order under section 7103 of this

title, the Secretary shall conduct a referendum among producers,

feeders, and importers who, during a representative period as

determined by the Secretary, have been engaged in the production,

feeding, or importation of sheep or sheep products for the

purpose of ascertaining whether the order shall go into effect.

(2) Approval of order

The order shall become effective only if the Secretary

determines that the order has been approved by not less than a

majority of the producers, feeders, and importers voting in the

referendum or at least 2/3 of the production represented by

persons voting in the referendum.

(b) Additional referenda

(1) In general

After the initial referendum, on the request of a

representative group comprising 10 percent or more of the

producers, feeders, and importers who, during a representative

period as determined by the Secretary, have been engaged in the

production, feeding, importation, or processing of sheep or sheep

products, the Secretary shall conduct a referendum of producers,

feeders, and importers to determine whether the producers,

feeders, and importers favor the termination or suspension of the

order.

(2) Suspension or termination

If the Secretary determines that suspension or termination of

the order is favored by a majority of the producers, feeders, and

importers voting in the referendum or at least 2/3 of the

production represented by the persons voting in the referendum,

the Secretary shall suspend or terminate -

(A) collection of assessments under the order not later than

180 days after the determination; and

(B) the order in an orderly manner as soon as practicable

after the determination.

(c) Procedures

(1) Reimbursement

(A) In general

Except as provided in subparagraph (B), the Board shall

reimburse the Secretary for any expenses incurred by the

Secretary in connection with the conduct of any referendum

under this section.

(B) Federal employee salaries

The Board shall not be required to reimburse the Secretary

for the salaries of Federal employees under subparagraph (A) if

the Secretary determines that the reimbursement would be overly

burdensome and costly.

(2) Date

Each referendum under this section shall be conducted on a date

established by the Secretary, under a procedure by which

producers, feeders, and importers intending to vote in the

referendum shall certify that the producers, feeders, and

importers were engaged in the production, feeding, or importation

of sheep or sheep products during the representative period and,

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

referendum.

(3) Place

Referenda under this section shall be conducted at locations

determined by the Secretary. Absentee mail ballots shall be

furnished by the Secretary on request made in person, by mail, or

by telephone.

(4) Allocation of production

The Secretary shall determine a method of allocating, by a pro

rata percentage of annual projected or actual assessments from

importers, the volume of production represented by importers in

referenda conducted pursuant to this section.

-SOURCE-

(Pub. L. 103-407, Sec. 6, Oct. 22, 1994, 108 Stat. 4223.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7103 of this title.

-CITE-

7 USC Sec. 7106 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7106. Petition and review

-STATUTE-

(a) Petition

(1) In general

A person subject to an order issued under this chapter may file

with the Secretary a petition -

(A) stating that the order, any provision of the order, or

any obligation imposed in connection with the order is not

established in accordance with law; and

(B) requesting a modification of the order or an exemption

from the order.

(2) Hearings

The petitioner shall be given an opportunity for a hearing on

the petition, in accordance with regulations issued by the

Secretary.

(3) Ruling

After the hearing, the Secretary shall make a ruling on the

petition. The ruling shall be final if the ruling is in

accordance with law.

(b) Review

(1) Commencement of action

The district court of the United States for any district in

which a person who is a petitioner under subsection (a) of this

section resides or carries on business shall have jurisdiction to

review the ruling on the petition of the person, if a complaint

for that purpose is filed not later than 20 days after the date

of the entry of the ruling by the Secretary under subsection

(a)(3) of this section.

(2) Process

Service of process in a proceeding may be conducted on the

Secretary by delivering a copy of the complaint to the Secretary,

under such rules or regulations as are considered necessary by

the Secretary to facilitate the service of process.

(3) Remands

If the court determines that the ruling is not in accordance

with law, the court shall remand the matter to the Secretary with

directions -

(A) to make such ruling as the court shall determine to be in

accordance with law; or

(B) to take such further action as, in the opinion of the

court, the law requires.

-SOURCE-

(Pub. L. 103-407, Sec. 7, Oct. 22, 1994, 108 Stat. 4224.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7107 of this title.

-CITE-

7 USC Sec. 7107 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7107. Enforcement

-STATUTE-

(a) Jurisdiction

Each district court of the United States shall have jurisdiction

specifically to enforce, and to prevent and restrain a person from

violating, an order or regulation issued under this chapter.

(b) Referral to Attorney General

A civil action authorized to be brought under this section shall

be referred to the Attorney General for appropriate action, except

that the Secretary is not required to refer to the Attorney General

a violation of this chapter, if the Secretary believes that the

administration and enforcement of this chapter would be adequately

served by providing a suitable written notice or warning to the

person who committed the violation or by an administrative action

under section 7106 of this title.

(c) Civil penalties and orders

(1) Civil penalties

A person who willfully violates an order or regulation issued

by the Secretary under this chapter may be assessed by the

Secretary -

(A) a civil penalty of not more than $1,000 for each such

violation; and

(B) in the case of a willful failure to pay, collect, or

remit an assessment as required by the order, an additional

penalty equal to the amount of the assessment.

(2) Separate offense

Each violation shall be a separate offense.

(3) Cease-and-desist orders

In addition to, or in lieu of, the civil penalty, the Secretary

may issue an order requiring the person to cease and desist from

violating the order or regulation.

(4) Notice and hearing

No order assessing a penalty or cease-and-desist order may be

issued by the Secretary under this subsection unless the

Secretary provides notice and an opportunity for a hearing on the

record with respect to the violation.

(5) Finality

An order assessing a penalty or a cease-and-desist order issued

under this subsection by the Secretary shall be final and

conclusive unless the person against whom the order is issued

files an appeal from the order with the United States court of

appeals, as provided in subsection (d) of this section, not later

than 30 days after the person receives notice of the order.

(d) Review by court of appeals

(1) In general

A person against whom an order is issued under subsection (c)

of this section may obtain review of the order by -

(A) filing, not later than 30 days after the date of the

order, a notice of appeal in -

(i) the United States court of appeals for the circuit in

which the person resides or carries on business; or

(ii) the United States Court of Appeals for the District of

Columbia Circuit; and

(B) simultaneously sending a copy of the notice of appeal by

certified mail to the Secretary.

(2) Record

The Secretary shall file promptly in the court a certified copy

of the record on which the Secretary has determined that the

person has committed a violation.

(3) Standard of review

A finding of the Secretary under this section shall be set

aside only if the finding is found to be unsupported by

substantial evidence.

(e) Failure to obey orders

A person who fails to obey a valid cease-and-desist order issued

by the Secretary under this section, after an opportunity for a

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

Secretary of not more than $500 for each offense. Each day during

which the failure continues shall be considered to be a separate

violation of the order.

(f) Failure to pay penalties

If a person fails to pay a valid civil penalty imposed under this

section by the Secretary, the Secretary shall refer the matter to

the Attorney General for recovery of the amount assessed in the

district court of the United States for any district in which the

person resides or carries on business. In the action, the validity

and appropriateness of the order imposing the civil penalty shall

not be subject to review.

(g) Additional remedies

The remedies provided in this section shall be in addition to,

and not exclusive of, other remedies that may be available.

-SOURCE-

(Pub. L. 103-407, Sec. 8, Oct. 22, 1994, 108 Stat. 4224.)

-CITE-

7 USC Sec. 7108 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7108. Investigations and power to subpoena

-STATUTE-

(a) Investigations

The Secretary may make such investigations as the Secretary

considers necessary -

(1) for the effective administration of this chapter; or

(2) to determine whether any person subject to this chapter has

engaged, or is about to engage, in any action that constitutes or

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

regulation issued under this chapter.

(b) Subpoenas, oaths, and affirmations

For the purpose of any investigation under subsection (a) of this

section, the Secretary may administer oaths and affirmations,

subpoena witnesses, compel the attendance of witnesses, take

evidence, and require the production of any records that are

relevant to the inquiry. The attendance of witnesses and the

production of any such records may be required from any place in

the United States.

(c) Aid of courts

In the case of contumacy by, or refusal to obey a subpoena issued

to, any person, the Secretary may invoke the aid of any court of

the United States within the jurisdiction of which the

investigation or proceeding is carried on, or where the person

resides or carries on business, in order to require the attendance

and testimony of the person or the production of records. The

court may issue an order requiring the person to appear before the

Secretary to produce records or to give testimony regarding the

matter under investigation.

(d) Contempt

Any failure to obey the order of the court may be punished by the

court as a contempt of the court.

(e) Process

Process in any case under this section may be served in the

judicial district in which the person resides or carries on

business or wherever the person may be found.

-SOURCE-

(Pub. L. 103-407, Sec. 9, Oct. 22, 1994, 108 Stat. 4226.)

-CITE-

7 USC Sec. 7109 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7109. Administrative provisions

-STATUTE-

(a) Construction

Nothing in this chapter preempts or supersedes any other program

relating to sheep promotion, research, or information organized and

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

(b) Amendments to orders

The provisions of this chapter applicable to an order shall be

applicable to amendments to the order, except that the Secretary is

not required to conduct a referendum on a proposed amendment to an

order.

-SOURCE-

(Pub. L. 103-407, Sec. 10, Oct. 22, 1994, 108 Stat. 4226.)

-CITE-

7 USC Sec. 7110 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7110. Regulations

-STATUTE-

The Secretary may issue such regulations as are necessary to

carry out this chapter.

-SOURCE-

(Pub. L. 103-407, Sec. 11, Oct. 22, 1994, 108 Stat. 4226.)

-CITE-

7 USC Sec. 7111 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 99 - SHEEP PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7111. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated for each fiscal year such

sums as are necessary to carry out this chapter.

(b) Administrative expenses

Funds appropriated under subsection (a) of this section shall not

be available for payment of the expenses or expenditures of the

Board in administering any provision of any order issued under this

chapter.

-SOURCE-

(Pub. L. 103-407, Sec. 12, Oct. 22, 1994, 108 Stat. 4226.)

-CITE-