Legislación
US (United States) Code. Title 7. Chapter 60: Egg research and consumer information
-CITE-
7 USC CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
.
-HEAD-
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-MISC1-
Sec.
2701. Congressional findings and declaration of policy.
2702. Definitions.
2703. Orders of Secretary to egg producers, etc.
2704. Notice and hearing upon proposed orders.
2705. Findings and issuance of orders.
2706. Permissive terms and conditions in orders.
(a) Advertising, sales promotion, and consumer
education plans or projects; prohibition on
reference to private brand or trade name and
use of unfair or deceptive acts or practices.
(b) Research, marketing, and development projects and
studies.
(c) Recordkeeping and reporting requirements;
disclosure of confidential information;
violations; penalties.
(d) Incidental and necessary terms and conditions.
2707. Required terms and conditions in orders.
(a) Egg Board; establishment; appointment and terms
of membership; powers and duties.
(b) Composition of Board.
(c) Advertising, sales promotion, consumer education,
and research and development plans or projects;
development and submittal to Secretary by
Board.
(d) Budgets; submittal to Secretary by Board.
(e) Assessment payments by egg producers to egg
handlers; implementation pursuant to order of
Board; determination of amount; collection of
assessment; rate limitation; maintenance of
suit for collection.
(f) Recordkeeping and reporting requirements;
accounting by Board.
(g) Contracts or agreements by Board for
implementation of orders and payment of costs;
required provisions.
(h) Restriction on use of funds collected by Board
for political purposes.
(i) Compensation and expenses of members of Board.
(j) Reasonable costs limitation for collection of
assessments and for an administrative staff.
2708. Referendum among egg producers.
(a) Producer approval of order.
(b) Request by Egg Board for referendum.
(c) Nonapproval of amendments as not invalidating
order.
2709. Termination or suspension of orders.
(a) Authority of Secretary.
(b) Referendum to terminate or suspend; eligible
voters; requirements for approval; termination
or suspension date.
(c) Termination or suspension not to be considered as
order.
2710. Applicability of provisions to amendments to orders.
2711. Exempted egg producers and breeding hen flocks; conditions
and procedures.
(a) In general.
(b) Number of laying hens.
2712. Refund of assessment from Egg Board.
(a) Procedures.
(b) Amendment of order to eliminate producer refund:
effective date; refund referendum; escrow
account; requirements for one-time refund;
proration of refunds.
2713. Administrative review of orders; petition; hearing; judicial
review.
2714. Civil enforcement proceedings.
(a) Enforcement of orders by district court; referral
of civil actions to Attorney General.
(b) Civil penalty; review by court of appeals;
noncompliance with final order; referral to
Attorney General.
2715. Certification of organizations; required contents of report
as criteria.
2716. Regulations.
2717. Investigations by Secretary; oaths and affirmations;
subpenas; judicial enforcement; contempt proceedings; service of
process.
2718. Authorization of appropriations.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 7401 of this title.
-CITE-
7 USC Sec. 2701 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2701. Congressional findings and declaration of policy
-STATUTE-
Eggs constitute one of the basic, natural foods in the diet.
They are produced by many individual egg producers throughout the
United States. Egg products, spent fowl, and products of spent fowl
are derivatives of egg production. These products move in
interstate and foreign commerce and those which do not move in such
channels of commerce directly burden or affect interstate commerce
of these products. The maintenance and expansion of existing
markets and the development of new or improved markets and uses are
vital to the welfare of egg producers and those concerned with
marketing, using, and processing eggs as well as the general
economy of the Nation. The production and marketing of these
products by numerous individual egg producers have prevented the
development and carrying out of adequate and coordinated programs
of research and promotion necessary for the maintenance of markets
and the development of new products of, and markets for, eggs, egg
products, spent fowl, and products of spent fowl. Without an
effective and coordinated method of assuring cooperative and
collective action in providing for and financing such programs,
individual egg producers are unable to provide, obtain, or carry
out the research, consumer and producer information, and promotion
necessary to maintain and improve markets for any or all of these
products.
It has long been recognized that it is in the public interest to
provide an adequate, steady supply of fresh eggs readily available
to the consumers of the Nation. Maintenance of markets and the
development of new markets, both domestic and foreign, are
essential to the egg industry if the consumers of eggs, egg
products, spent fowl, or products of spent fowl are to be assured
of an adequate, steady supply of such products.
It is therefore declared to be the policy of the Congress and the
purpose of this chapter that it is essential and in the public
interest, through the exercise of the powers provided herein, to
authorize and enable the establishment of an orderly procedure for
the development and the financing through an adequate assessment,
an effective and continuous coordinated program of research,
consumer and producer education, and promotion designed to
strengthen the egg industry's position in the marketplace, and
maintain and expand domestic and foreign markets and uses for eggs,
egg products, spent fowl, and products of spent fowl of the United
States. Nothing in this chapter shall be construed to mean, or
provide for, control of production or otherwise limit the right of
individual egg producers to produce commercial eggs.
-SOURCE-
(Pub. L. 93-428, Sec. 2, Oct. 1, 1974, 88 Stat. 1171.)
-MISC1-
EFFECTIVE DATE
Section 21 of Pub. L. 93-428 provided that: ''This Act (enacting
this chapter and provisions set out as notes under this section)
shall take effect upon enactment (Oct. 1, 1974)''.
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103-188, Sec. 1, Dec. 14, 1993, 107 Stat. 2256, provided
that: ''This Act (amending sections 2707, 2708, and 2711 of this
title and enacting provisions set out as a note under section 2703
of this title) may be cited as the 'Egg Research and Consumer
Information Act Amendments of 1993'.''
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-575, Sec. 1, Oct. 31, 1988, 102 Stat. 2895, provided
that: ''This Act (amending sections 2707 and 2712 of this title)
may be cited as the 'Egg Research and Consumer Information Act
Amendments of 1988'.''
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96-276, Sec. 1, June 17, 1980, 94 Stat. 541, provided:
''That this Act (amending sections 2707, 2708, and 2714 of this
title and enacting provisions set out as a note under section 4a of
this title) may be cited as the 'Egg Research and Consumer
Information Act Amendments of 1980'.''
SHORT TITLE
Section 1 of Pub. L. 93-428 provided: ''That this Act (enacting
this chapter and provisions set out as notes under this section)
shall be known as the 'Egg Research and Consumer Information
Act'.''
SEPARABILITY
Section 19 of Pub. L. 93-428 provided that: ''If any provision of
this Act (enacting this chapter and provisions set out as notes
under this section) or the application thereof to any person or
circumstances is held invalid, the validity of the remainder of the
Act and of the application of such provision to other persons and
circumstances shall not be affected thereby''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2708 of this title.
-CITE-
7 USC Sec. 2702 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2702. Definitions
-STATUTE-
As used in this chapter -
(a) The term ''Secretary'' means the Secretary of Agriculture or
any other officer or employee of the Department of Agriculture to
whom there has heretofore been delegated, or to whom there may
hereafter be delegated, the authority to act in his stead.
(b) The term ''person'' means any individual, group of
individuals, partnership, corporation, association, cooperative, or
any other entity.
(c) The term ''commercial eggs'' or ''eggs'' means eggs from
domesticated chickens which are sold for human consumption either
in shell egg form or for further processing into egg products.
(d) The term ''hen'' or ''laying hen'' means a domesticated
female chicken twenty weeks of age or over, raised primarily for
the production of commercial eggs.
(e) The term ''egg producer'' means the person owning laying hens
engaged in the production of commercial eggs.
(f) The term ''case'' means a standard shipping package
containing thirty dozen eggs.
(g) The term ''hatching eggs'' means eggs intended for use by
hatcheries for the production of baby chicks.
(h) The term ''United States'' means the forty-eight contiguous
States of the United States of America and the District of
Columbia.
(i) The term ''promotion'' means any action, including paid
advertising, to advance the image or desirability of eggs, egg
products, spent fowl, or products of spent fowl.
(j) The term ''research'' means any type of research to advance
the image, desirability, marketability, production, or quality of
eggs, egg products, spent fowl, or products of spent fowl.
(k) The term ''consumer education'' means any action to advance
the image or desirability of eggs, egg products, spent fowl, or
products of spent fowl.
(l) The term ''marketing'' means the sale or other disposition of
commercial eggs, egg products, spent fowl, or products of spent
fowl, in any channel of commerce.
(m) The term ''commerce'' means interstate, foreign, or
intrastate commerce.
(n) The term ''egg products'' means products produced, in whole
or in part, from eggs.
(o) The term ''spent fowl'' means hens which have been in
production of commercial eggs and have been removed from such
production for slaughter.
(p) The term ''products of spent fowl'' means commercial products
produced from spent fowl.
(q) The term ''hatchery operator'' means any person engaged in
the production of egg-type baby chicks.
(r) The term ''started pullet'' means a hen less than twenty
weeks of age.
(s) The term ''started pullet dealer'' means any person engaged
in the sale of started pullets.
(t) The term ''handler'' means any person, specified in the order
or the rules and regulations issued thereunder, who receives or
otherwise acquires eggs from an egg producer, and processes,
prepares for marketing, or markets, such eggs, including eggs of
his own production.
-SOURCE-
(Pub. L. 93-428, Sec. 3, Oct. 1, 1974, 88 Stat. 1172.)
-CITE-
7 USC Sec. 2703 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2703. Orders of Secretary to egg producers, etc.
-STATUTE-
To effectuate the declared policy of this chapter, the Secretary
shall, subject to the provisions of this chapter, issue and from
time to time amend, orders applicable to persons engaged in the
hatching and/or sale of egg-type baby chicks and started pullets,
persons engaged in the production of commercial eggs and persons
who receive or otherwise acquire eggs from such persons and who
process, prepare for market, or market such eggs, including eggs of
their own production, and persons engaged in the purchase, sale or
processing of spent fowl. Such orders shall be applicable to all
production or marketing areas, or both, in the United States.
-SOURCE-
(Pub. L. 93-428, Sec. 4, Oct. 1, 1974, 88 Stat. 1172.)
-MISC1-
AMENDMENT OF EGG PROMOTION AND RESEARCH ORDER
Pub. L. 103-188, Sec. 5, Dec. 14, 1993, 107 Stat. 2257, provided
that: ''Notwithstanding any other provision of law:
''(1) In general. - The Secretary of Agriculture shall issue
amendments to the egg promotion and research order issued under
the Egg Research and Consumer Information Act (7 U.S.C. 2701 et
seq.) to implement the amendments made by this Act (see Short
Title of 1993 Amendment note set out under section 2701 of this
title). The amendments shall be issued after public notice and
opportunity for comment in accordance with section 553 of title
5, United States Code, and without regard to sections 556 and 557
of such title. The Secretary shall issue the proposed amendments
to the order not later than 80 days after the date of enactment
of this Act (Dec. 14, 1993).
''(2) Effective date. - The amendments to the egg promotion and
research order required by paragraph (1) shall become effective
not later than -
''(A) 30 days after the proposed amendments are issued; or
''(B) if the Director of the Office of Management and Budget
determines that the amendments are a significant action that
requires review by the Director, 50 days after the proposed
amendments are issued.
''(3) Referendum. - The amendments referred to in paragraph (2)
shall not be subject to a referendum conducted under the Egg
Research and Consumer Information Act.''
-CITE-
7 USC Sec. 2704 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2704. Notice and hearing upon proposed orders
-STATUTE-
Whenever the Secretary has reason to believe that the issuance of
an order will tend to effectuate the declared policy of this
chapter, he shall give due notice and opportunity for hearing upon
a proposed order. Such hearing may be requested and proposal for
an order submitted by an organization certified pursuant to section
2715 of this title, or by any interested person affected by the
provisions of this chapter, including the Secretary.
-SOURCE-
(Pub. L. 93-428, Sec. 5, Oct. 1, 1974, 88 Stat. 1173.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2705, 2715 of this title.
-CITE-
7 USC Sec. 2705 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2705. Findings and issuance of orders
-STATUTE-
After notice and opportunity for hearing as provided in section
2704 of this title, the Secretary shall issue an order if he finds,
and sets forth in such order, upon the evidence introduced at such
hearing, that the issuance of such order and all the terms and
conditions thereof will tend to effectuate the declared policy of
this chapter.
-SOURCE-
(Pub. L. 93-428, Sec. 6, Oct. 1, 1974, 88 Stat. 1173.)
-CITE-
7 USC Sec. 2706 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2706. Permissive terms and conditions in orders
-STATUTE-
Order issued pursuant to this chapter shall contain one or more
of the following terms and conditions, and except as provided in
section 2707 of this title, no others.
(a) Advertising, sales promotion, and consumer education plans or
projects; prohibition on reference to private brand or trade
name and use of unfair or deceptive acts or practices
Providing for the establishment, issuance, effectuation, and
administration of appropriate plans or projects for advertising,
sales promotion, and consumer education with respect to the use of
eggs, egg products, spent fowl, and products of spent fowl, and for
the disbursement of necessary funds for such purposes: Provided,
however, That any such plan or project shall be directed toward
increasing the general demand for eggs, egg products, spent fowl,
or products of spent fowl. No reference to a private brand or
trade name shall be made if the Secretary determines that such
reference will result in undue discrimination against eggs, egg
products, spent fowl, or products of spent fowl of other persons:
And provided further, That no such advertising, consumer education,
or sales promotion programs shall make use of unfair or deceptive
acts or practices in behalf of eggs, egg products, spent fowl, or
products of spent fowl or unfair or deceptive acts or practices
with respect to quality, value, or use of any competing product.
(b) Research, marketing, and development projects and studies
Providing for, establishing, and carrying on research, marketing,
and development projects, and studies with respect to sale,
distribution, marketing, utilization, or production of eggs, egg
products, spent fowl, and products of spent fowl, and the creation
of new products thereof, to the end that the marketing and
utilization of eggs, egg products, spent fowl, and products of
spent fowl may be encouraged, expanded, improved or made more
acceptable, and the data collected by such activities may be
disseminated and for the disbursement of necessary funds for such
purposes.
(c) Recordkeeping and reporting requirements; disclosure of
confidential information; violations; penalties
Providing that hatchery operators, persons engaged in the sale of
egg-type baby chicks and started pullet dealers, persons engaged in
the production of commercial eggs and persons who receive or
otherwise acquire eggs from such persons and who process, prepare
for market, or market such eggs, including eggs of their own
production, and persons engaged in the purchase, sale, or
processing of spent fowl, maintain and make available for the
inspection such books and records as may be required by any order
issued pursuant to this chapter and for the filing of reports by
such persons at the time, in the manner, and having content
prescribed by the order, to the end that information and data shall
be made available to the Egg Board and to the Secretary which is
appropriate or necessary to the effectuation, administration or
enforcement of this chapter, or of any order or regulation issued
pursuant to this chapter: Provided, however, That all information
so obtained shall be kept confidential by all officers and
employees of the Department of Agriculture, the Egg Board, and by
all officers and employees of contracting agencies having access to
such information, and only such information so furnished or
acquired as the Secretary deems relevant shall be disclosed by
them, and then only in a suit or administrative hearing brought at
the direction, or upon the request, of the Secretary, or to which
he or any officer of the United States is a party, and involving
the order with reference to which the information so to be
disclosed was furnished or acquired. Nothing in this section shall
be deemed to prohibit (1) the issuance of general statements based
upon the reports of the number of persons subject to an order or
statistical data collected therefrom, which statements do not
identify the information furnished by any person, (2) the
publication, by the direction of the Secretary, of general
statements relating to refunds made by the Egg Board during any
specific period, or (3) the publication by direction of the
Secretary of the name of any person violating any order, together
with a statement of the particular provisions of the order violated
by such person. Any such officer or employee violating the
provision of this subsection shall, upon conviction, be subjected
to a fine of not more than $1,000 or to imprisonment for not more
than one year, or to both, and if an officer or employee of the Egg
Board or Department of Agriculture shall be removed from office.
(d) Incidental and necessary terms and conditions
Terms and conditions incidental to and not inconsistent with the
terms and conditions specified in this chapter and necessary to
effectuate the other provisions of such order.
-SOURCE-
(Pub. L. 93-428, Sec. 7, Oct. 1, 1974, 88 Stat. 1173.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2707 of this title.
-CITE-
7 USC Sec. 2707 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2707. Required terms and conditions in orders
-STATUTE-
Orders issued pursuant to this chapter shall contain the
following conditions:
(a) Egg Board; establishment; appointment and terms of membership;
powers and duties
Providing for the establishment and appointment, by the
Secretary, of an Egg Board which shall consist of not more than
twenty members, and alternates therefor, and defining its powers
and duties which shall include only the powers (1) to administer
such order in accordance with its terms and provisions, (2) to make
rules and regulations to effectuate the terms and provisions of
such order, (3) to receive, investigate and report to the Secretary
complaints of violations of such order, and (4) to recommend to the
Secretary amendments to such order. The term of an appointment to
the Egg Board shall be for two years with no member serving more
than three consecutive terms, except that initial appointment shall
be proportionately for two-year and three-year terms.
(b) Composition of Board
Providing that the Egg Board, and alternates therefor, shall be
composed of egg producers or representatives of egg producers
appointed by the Secretary from nominations submitted by eligible
organizations, associations, or cooperatives, and certified
pursuant to section 2715 of this title, or, if the Secretary
determines that a substantial number of egg producers are not
members of or their interests are not represented by any such
eligible organizations, associations or cooperatives, then from
nominations made by such egg producers in the manner authorized by
the Secretary, so that the representation of egg producers on the
Board shall reflect, to the extent practicable, the proportion of
eggs produced in each geographic area of the United States as
defined by the Secretary: Provided, however, That each such egg
producing geographic area shall be entitled to at least one
representative on the Egg Board: Provided further, That two members
of the Egg Board, and alternates therefor, shall be consumers or
representatives of consumers, if approved by egg producers voting
in a referendum on an amendment to the order. Such consumer
appointments shall be made by the Secretary from nominations
submitted by eligible organizations. If the Secretary determines
that such nominees are not members of either a bona fide consumer
organization or do not represent consumers, the Secretary may
appoint such consumers or representatives of consumers as deemed
necessary to properly represent the interest of consumers.
Consumer members of the Egg Board shall be voting members.
(c) Advertising, sales promotion, consumer education, and research
and development plans or projects; development and submittal to
Secretary by Board
Providing that the Egg Board shall, subject to the provisions of
subsection (g) of this section, develop and submit to the Secretary
for his approval any advertising, sales promotion, consumer
education, research, and development plans or projects, and that
any such plan or project must be approved by the Secretary before
becoming effective.
(d) Budgets; submittal to Secretary by Board
Providing that the Egg Board shall, subject to the provisions of
subsection (g) of this section, submit to the Secretary for his
approval budgets on a fiscal period basis of its anticipated
expenses and disbursements in the administration of the order,
including probable costs of advertising, promotion, consumer
education, research, and development projects. In preparing a
budget for each of the 1994 and subsequent fiscal years, the Egg
Board shall, to the maximum extent practicable, allocate a
proportion of funds for research projects under this chapter that
is comparable to the proportion of funds that were allocated for
research projects under this chapter in the budget of the Egg Board
for fiscal year 1993.
(e) Assessment payments by egg producers to egg handlers;
implementation pursuant to order of Board; determination of
amount; collection of assessment; rate limitation; maintenance
of suit for collection
(1) Providing that each egg producer shall pay to the handler of
eggs designated by the order of the Egg Board pursuant to
regulations issued under the order, an assessment based upon the
number of cases of commercial eggs handled for the account of such
producer, in the manner as prescribed by the order, for such
expenses and expenditures - including provision for a reasonable
reserve and those administrative costs incurred by the Department
after an order has been promulgated under this chapter - as the
Secretary finds are reasonable and likely to be incurred by the Egg
Board under the order during any period specified by him. Such
handler shall collect such assessment from the producer and shall
pay the same to the Egg Board in the manner as prescribed by the
order.
(2)(A) The assessment rate shall be prescribed by the order. The
rate shall not exceed 20 cents per case (or the equivalent of a
case) of commercial eggs.
(B) The order may be amended to increase the rate of assessment
if the increase is recommended by the Egg Board and approved by egg
producers in a referendum conducted under section 2708(b) of this
title.
(C) The order may be amended to decrease the assessment rate
after public notice and opportunity for comment in accordance with
section 553 of title 5 and without regard to sections 556 and 557
of such title.
(3) To facilitate the collection of such assessments, the order
of the Egg Board may designate different handlers or classes of
handlers to recognize differences in marketing practices or
procedures utilized in the industry. The Secretary may maintain a
suit against any person subject to the order for the collection of
such assessment, and the several district courts of the United
States are hereby vested with jurisdiction to entertain such suits
regardless of the amount in controversy.
(f) Recordkeeping and reporting requirements; accounting by Board
Providing that the Egg Board shall maintain such books and
records and prepare and submit such reports from time to time, to
the Secretary as he may prescribe, and for appropriate accounting
by the Egg Board with respect to the receipt and disbursement of
all funds entrusted to it.
(g) Contracts or agreements by Board for implementation of orders
and payment of costs; required provisions
Providing that the Egg Board, with the approval of the Secretary,
may enter into contracts or agreements for development and carrying
out of the activities authorized under the order pursuant to
section 2706(a) and (b) of this title and for the payment of the
cost thereof with funds collected pursuant to the order. Any such
contract or agreement shall provide that such contractors shall
develop and submit to the Egg Board a plan or project together with
a budget or budgets which shall show estimated costs to be incurred
for such plan or project, and that any such plan or project shall
become effective upon the approval of the Secretary, and further,
shall provide that the contracting party shall keep accurate
records of all of its transactions and make periodic reports to the
Egg Board of activities carried out and an accounting for funds
received and expended, and such other reports as the Secretary may
require.
(h) Restriction on use of funds collected by Board for political
purposes
Providing that no funds collected by the Egg Board under the
order shall in any manner be used for the purpose of influencing
governmental policy or action, except as provided by subsection
(a)(4) of this section.
(i) Compensation and expenses of members of Board
Providing that the Board members, and alternates therefor, shall
serve without compensation, but shall be reimbursed for their
reasonable expenses incurred in performing their duties as members
of the Board.
(j) Reasonable costs limitation for collection of assessments and
for an administrative staff
Providing that the total costs incurred by the Egg Board for a
fiscal year in collecting producer assessments and having an
administrative staff shall not exceed an amount of the projected
total assessments to be collected by the Egg Board for such fiscal
year that the Secretary determines to be reasonable.
-SOURCE-
(Pub. L. 93-428, Sec. 8, Oct. 1, 1974, 88 Stat. 1174; Pub. L.
96-276, Sec. 2-4, June 17, 1980, 94 Stat. 541; Pub. L. 100-575,
Sec. 2, Oct. 31, 1988, 102 Stat. 2895; Pub. L. 103-188, Sec. 2(a),
3, Dec. 14, 1993, 107 Stat. 2256, 2257.)
-MISC1-
AMENDMENTS
1993 - Subsec. (d). Pub. L. 103-188, Sec. 3, inserted at end ''In
preparing a budget for each of the 1994 and subsequent fiscal
years, the Egg Board shall, to the maximum extent practicable,
allocate a proportion of funds for research projects under this
chapter that is comparable to the proportion of funds that were
allocated for research projects under this chapter in the budget of
the Egg Board for fiscal year 1993.''
Subsec. (e). Pub. L. 103-188, Sec. 2(a), designated first and
second sentences of existing provisions as par. (1), added par. (2)
and struck out third and fourth sentences of existing provisions
which read as follows: ''For fiscal year 1981, the rate of
assessment prescribed by the order shall not exceed 7 1/2 cents per
case of commercial eggs or the equivalent thereof. For each fiscal
year thereafter, the rate of assessment may be increased by no more
than three-quarters of a cent per case of commercial eggs or the
equivalent thereof: Provided, That the rate of assessment shall not
exceed 10 cents per case of commercial eggs or the equivalent
thereof.'', and designated fifth and sixth sentences of existing
provisions as par. (3).
1988 - Subsec. (j). Pub. L. 100-575 added subsec. (j).
1980 - Subsec. (a). Pub. L. 96-276, Sec. 2, substituted
''twenty'' for ''eighteen''.
Subsec. (b). Pub. L. 96-276, Sec. 3, extended membership on the
Egg Board to two consumers or representatives of consumers, and
their alternates, when approved by egg producers voting in a
referendum on an amendment to the order, to be appointed by the
Secretary from nominations submitted by eligible organizations or
otherwise when necessary to properly represent the interest of
consumers, the consumer members to be voting members.
Subsec. (e). Pub. L. 96-276, Sec. 4, substituted rate of
assessment provisions prescribing for fiscal year 1981 a rate not
exceeding 7 1/2 cents per case of commercial eggs or its
equivalent, authorizing increases of three-quarters of a cent per
case for each fiscal year thereafter, but limiting maximum rate to
10 cents per case for prior limitation of the rate of assessment to
5 cents per case.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2706, 2715 of this title.
-CITE-
7 USC Sec. 2708 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2708. Referendum among egg producers
-STATUTE-
(a) Producer approval of order
The Secretary shall conduct a referendum among egg producers not
exempt hereunder who, during a representative period determined by
the Secretary, have been engaged in the production of commercial
eggs, for the purpose of ascertaining whether the issuance of an
order is approved or favored by such producers. No order issued
pursuant to this chapter shall be effective unless the Secretary
determines that the issuance of such order is approved or favored
by not less than two-thirds of the producers voting in such
referendum, or by a majority of the producers voting in such
referendum if such majority produced not less than two-thirds of
the commercial eggs produced during a representative period defined
by the Secretary.
(b) Request by Egg Board for referendum
(1) If the Egg Board determines, based on a scientific study,
marketing analysis, or other similar competent evidence, that an
increase in the assessment rate is needed to ensure that
assessments under the order are set at an appropriate level to
effectuate the policy declared in section 2701 of this title, the
Egg Board may request that the Secretary conduct a referendum, as
provided in paragraph (2).
(2)(A) If the Egg Board requests the Secretary to conduct a
referendum under paragraph (1) or (3), the Secretary shall conduct
a referendum among egg producers not exempt from this chapter who,
during a representative period determined by the Secretary, have
been engaged in the production of commercial eggs, for the purpose
of ascertaining whether the producers approve the change in the
assessment rate proposed by the Egg Board.
(B) The change in the assessment rate shall become effective if
the change is approved or favored by -
(i) not less than two-thirds of the producers voting in the
referendum; or
(ii) a majority of the producers voting in the referendum, if
the majority produced not less than two-thirds of all the
commercial eggs produced by the producers voting during a
representative period defined by the Secretary.
(3)(A) In the case of the order in effect on December 14, 1993,
the Egg Board shall determine under paragraph (1), as soon as
practicable after December 14, 1993, whether to request that the
Secretary conduct a referendum under paragraph (2).
(B) If the Egg Board makes such a request on the basis of
competent evidence, as provided in paragraph (1), the Secretary
shall conduct the referendum as soon as practicable, but not later
than -
(i) 120 days after receipt of the request from the Egg Board;
or
(ii) if the Director of the Office of Management and Budget
determines that the change in the assessment rate is a
significant action that requires review by the Director, 170 days
after receipt of the request from the Egg Board.
(4) Notwithstanding any other provision of this chapter, if an
increase in the assessment rate and the authority for additional
increases is approved by producers in a referendum conducted under
this subsection, the Secretary shall amend the order to reflect the
vote of the producers. The amendment to the order shall become
effective on the date of issuance of the amendment.
(c) Nonapproval of amendments as not invalidating order
The failure of egg producers to approve an amendment to any Egg
Research and Promotion Order shall not be deemed to invalidate such
order.
-SOURCE-
(Pub. L. 93-428, Sec. 9, Oct. 1, 1974, 88 Stat. 1176; Pub. L.
96-276, Sec. 5, June 17, 1980, 94 Stat. 541; Pub. L. 103-188, Sec.
2(b), Dec. 14, 1993, 107 Stat. 2256.)
-MISC1-
AMENDMENTS
1993 - Pub. L. 103-188 designated first and second sentences of
existing provisions as subsec. (a), added subsec. (b), and
designated last sentence of existing provisions as subsec. (c).
1980 - Pub. L. 96-276 provided that failure of egg producers to
approve an amendment to any Egg Research and Promotion Order shall
not be deemed to invalidate the order.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2707, 2712 of this title.
-CITE-
7 USC Sec. 2709 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2709. Termination or suspension of orders
-STATUTE-
(a) Authority of Secretary
The Secretary shall, whenever he finds that any order issued
under this chapter, or any provisions thereof, obstructs or does
not tend to effectuate the declared policy of this chapter,
terminate or suspend the operation of such order or such provisions
thereof.
(b) Referendum to terminate or suspend; eligible voters;
requirements for approval; termination or suspension date
The Secretary may conduct a referendum at any time, and shall
hold a referendum on request of 10 per centum or more of the number
of egg producers voting in the referendum approving the order, to
determine whether such producers favor the termination or
suspension of the order, and he shall suspend or terminate such
order six months after he determines that suspension or termination
of the order is approved or favored by a majority of the egg
producers voting in such referendum who, during a representative
period determined by the Secretary, have been engaged in the
production of commercial eggs, and who produced more than 50 per
centum of the volume of eggs produced by the egg producers voting
in the referendum.
(c) Termination or suspension not to be considered as order
The termination or suspension of any order, or any provision
thereof, shall not be considered an order within the meaning of
this chapter.
-SOURCE-
(Pub. L. 93-428, Sec. 10, Oct. 1, 1974, 88 Stat. 1176.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2712 of this title.
-CITE-
7 USC Sec. 2710 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2710. Applicability of provisions to amendments to orders
-STATUTE-
The provisions of this chapter applicable to orders shall be
applicable to amendments to orders.
-SOURCE-
(Pub. L. 93-428, Sec. 11, Oct. 1, 1974, 88 Stat. 1176.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2712 of this title.
-CITE-
7 USC Sec. 2711 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2711. Exempted egg producers and breeding hen flocks;
conditions and procedures
-STATUTE-
(a) In general
The following shall be exempt from the specific provisions of
this chapter under such conditions and procedures as may be
prescribed in the order or rules and regulations issued thereunder:
(1) Any egg producer whose aggregate number of laying hens at
any time during a 3-consecutive-month period immediately prior to
the date assessments are due and payable has not exceeded 75,000
laying hens, as determined under subsection (b) of this section.
(2) Any flock of breeding hens whose production of eggs is
primarily utilized for the hatching of baby chicks.
(b) Number of laying hens
(1) In general
For purposes of subsection (a)(1) of this section, the
aggregate number of laying hens owned by an egg producer shall
include -
(A) in cases in which the producer is an individual, laying
hens owned by such producer or members of such producer's
family that are effectively under the control of such producer,
as determined by the Secretary;
(B) in cases in which the producer is a general partnership
or similar entity, laying hens owned by the entity and all
partners or equity participants in the entity; and
(C) in cases in which the producer holds 50 percent or more
of the stock or other beneficial interest in a corporation,
joint stock company, association, cooperative, limited
partnership, or other similar entity, laying hens owned by the
entity.
Ownership of laying hens by a trust or similar entity shall be
considered ownership by the beneficiaries of the trust or other
entity.
(2) Stock or beneficial interests
For purposes of paragraph (1)(C), stock or other beneficial
interest in an entity that is held by -
(A) members of the producer's family described in paragraph
(1)(A);
(B) a general partnership or similar entity in which the
producer is a partner or equity participant;
(C) the partners or equity participants in an entity of the
type described in subparagraph (B); or
(D) a corporation, joint stock company, association,
cooperative, limited partnership, or other similar entity in
which the producer holds 50 percent or more of the stock or
other beneficial interests,
shall be considered as held by the producer.
-SOURCE-
(Pub. L. 93-428, Sec. 12, Oct. 1, 1974, 88 Stat. 1176; Pub. L.
101-220, Sec. 3(a), Dec. 12, 1989, 103 Stat. 1877; Pub. L. 103-188,
Sec. 4, Dec. 14, 1993, 107 Stat. 2257.)
-MISC1-
AMENDMENTS
1993 - Subsec. (a)(1). Pub. L. 103-188 substituted ''75,000'' for
''30,000''.
1989 - Pub. L. 101-220 amended section generally. Prior to
amendment, section read as follows: ''The following may be exempt
from specific provisions of this chapter under such conditions and
procedures as may be prescribed in the order or rules and
regulations issued thereunder:
''(a) Any egg producer whose aggregate number of laying hens at
any time during a three-consecutive-month period immediately prior
to the date assessments are due and payable has not exceeded three
thousand laying hens.
''(b) Any flock of breeding hens whose production of eggs is
primarily utilized for the hatching of baby chicks.''
EGG PROMOTION AND RESEARCH ORDER
Section 3(b) of Pub. L. 101-220 provided that:
''(1) Amendment. - The Secretary of Agriculture shall issue an
amendment to the egg promotion and research order issued under the
Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.)
to implement the amendments made by this section (amending this
section). Such amendment shall be issued after public notice and
opportunity for comment in accordance with section 553 of title 5,
United States Code, and without regard to sections 556 and 557 of
such title. The Secretary shall issue a proposed amendment to such
order not later than 30 days after the date of enactment of this
Act (Dec. 12, 1989).
''(2) Effective date. - The amendment to the egg promotion and
research order required by paragraph (1) shall become effective no
later than March 1, 1990, and shall not be subject to a referendum
under the Egg Research and Consumer Information Act (7 U.S.C. 2701
et seq.).''
-CITE-
7 USC Sec. 2712 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2712. Refund of assessment from Egg Board
-STATUTE-
(a) Procedures
Notwithstanding any other provisions of this chapter except as
provided in subsection (b) of this section, any egg producer
against whose commercial eggs any assessment is made and collected
from him under authority of this chapter and who is not in favor of
supporting the programs as provided for herein shall have the right
to demand and receive from the Egg Board a refund of such
assessment: Provided, That such demand shall be made personally by
such producer in accordance with regulations and on a form and
within a time period prescribed by the Board and approved by the
Secretary but in no event more than ninety days after the end of
the month in which the assessments are due and collectable, and
upon submission of proof satisfactory to the Board that the
producer paid the assessment for which refund is sought, and any
such refund shall be made within sixty days after demand is
received therefor.
(b) Amendment of order to eliminate producer refund: effective
date; refund referendum; escrow account; requirements for
one-time refund; proration of refunds
(1) With regard to each order issued under this chapter that
provides for a producer refund, the Secretary shall amend such
order to eliminate such refund.
(2) Notwithstanding sections 2708 and 2710 of this title, an
amendment made by the Secretary pursuant to paragraph (1) -
(A) shall take effect on the date that the Secretary issues the
amendment; and
(B) shall not be subject to a referendum under section 2708 or
2709(b) of this title until the end of the 18-month period
beginning on such effective date.
(3) During the period prior to the referendum of an amendment
issued pursuant to paragraph (1) and beginning on the effective
date of such amendment, the Egg Board shall -
(A) establish an escrow account to be used for assessment
refunds; and
(B) place funds in such account in accordance with paragraph
(4).
(4) The Egg Board shall place in such account, from assessments
collected during the period referred to in paragraph (3), an amount
equal to the product obtained by multiplying the total amount of
assessments collected during such period by 10 percent.
(5) Subject to paragraphs (6), (7), and (8), any producer shall
have the right to demand and receive from the Egg Board a one-time
refund of assessments collected from such producer during the
period referred to in paragraph (3) if -
(A) such producer is responsible for paying such assessments;
(B) such producer does not support the program established
under this chapter; and
(C) the amendment issued pursuant to paragraph (1) is not
approved pursuant to a referendum under section 2708 or 2709(b)
of this title.
(6) Such demand shall be made in accordance with regulations, on
a form, and within a time period prescribed by the Egg Board.
(7) Such refund shall be made on submission of proof satisfactory
to the Egg Board that such producer paid the assessment for which
refund is demanded.
(8) If the amount in the escrow account required to be
established by paragraph (3) is not sufficient to refund the total
amount of assessments demanded by all eligible producers under this
subsection and the amendment issued pursuant to paragraph (1) is
not approved pursuant to a referendum under section 2708 or 2709(b)
of this title, the Egg Board shall prorate the amount of such
refunds among all eligible producers who demand such refund.
-SOURCE-
(Pub. L. 93-428, Sec. 13, Oct. 1, 1974, 88 Stat. 1177; Pub. L.
100-575, Sec. 3, Oct. 31, 1988, 102 Stat. 2895.)
-MISC1-
AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-575 designated existing
provisions as subsec. (a), inserted ''except as provided in
subsection (b) of this section'', and added subsec. (b).
-CITE-
7 USC Sec. 2713 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2713. Administrative review of orders; petition; hearing;
judicial review
-STATUTE-
(a) Any person subject to any order may file a written petition
with the Secretary, stating that any such order or any provisions
of such order or any obligations imposed in connection therewith is
not in accordance with law and praying for a modification thereof
or to be exempted therefrom. He shall thereupon be given an
opportunity for a hearing upon such petition, in accordance with
regulations made by the Secretary. After such hearing, the
Secretary shall make a ruling upon the prayer of such petition
which shall be final, if in accordance with law.
(b) The district courts of the United States in any district in
which such person is an inhabitant, or has his principal place of
business, are hereby vested with jurisdiction to review such
ruling, provided a complaint for that purpose is filed within
twenty days from the date of the entry of such ruling. Service of
process in such proceedings may be had upon the Secretary by
delivering to him a copy of the complaint. If the court determines
that such ruling is not in accordance with law, it shall remand
such proceedings to the Secretary with directions either (1) to
make such ruling as the court shall determine to be in accordance
with law, or (2) to take such further proceedings as, in its
opinion, the law requires. The pendency of proceedings instituted
pursuant to subsection (a) of this section shall not impede,
hinder, or delay the United States or the Secretary from obtaining
relief pursuant to section 2714(a) of this title.
-SOURCE-
(Pub. L. 93-428, Sec. 14, Oct. 1, 1974, 88 Stat. 1177.)
-CITE-
7 USC Sec. 2714 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2714. Civil enforcement proceedings
-STATUTE-
(a) Enforcement of orders by district court; referral of civil
actions to Attorney General
The several district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain
any person from violating, any order or regulation made or issued
pursuant to this chapter. Any civil action authorized to be
brought under this subsection shall be referred to the Attorney
General for appropriate action: Provided, That nothing in this
chapter shall be construed as requiring the Secretary to refer to
the Attorney General violations of this chapter whenever he
believes that the administration and enforcement of the program
would be adequately served by administrative action pursuant to
subsection (b) of this section or suitable written notice or
warning to any person committing such violations.
(b) Civil penalty; review by court of appeals; noncompliance with
final order; referral to Attorney General
(1) Any person who violates any provisions of any order or
regulation issued by the Secretary pursuant to this chapter, or who
fails or refuses to pay, collect, or remit any assessment or fee
duly required of him thereunder, may be assessed a civil penalty by
the Secretary of not less than $500 or more than $5,000 for each
such violation. Each violation shall be a separate offense. In
addition to or in lieu of such civil penalty the Secretary may
issue an order requiring such person to cease and desist from
continuing such violation or violations. No penalty shall be
assessed or cease and desist order issued unless such person is
given notice and opportunity for a hearing before the Secretary
with respect to such violation, and the order of the Secretary
assessing a penalty or imposing a cease and desist order shall be
final and conclusive unless the affected person files an appeal
from the Secretary's order with the appropriate United States court
of appeals.
(2) Any person against whom a violation is found and a civil
penalty assessed or cease and desist order issued under paragraph
(1) of this subsection may obtain review in the court of appeals of
the United States for the circuit in which such person resides or
has his place of business or in the United States Court of Appeals
for the District of Columbia Circuit by filing a notice of appeal
in such court within thirty days from the date of such order and by
simultaneously sending a copy of such notice by certified mail to
the Secretary. The Secretary shall promptly file in such court a
certified copy of the record upon which such violation was found.
The findings of the Secretary shall be set aside only if found to
be unsupported by substantial evidence.
(3) Any person who fails to obey a cease and desist order after
it has become final and unappealable, or after the appropriate
court of appeals has entered final judgment in favor of the
Secretary, shall be subject to a civil penalty assessed by the
Secretary, after opportunity for a hearing and for judicial review
pursuant to the procedures specified in paragraphs (1) and (2) of
this subsection, of not more than $500 for each offense, and each
day during which such failure continues shall be deemed a separate
offense.
(4) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court of appeals has entered final judgment in favor of
the Secretary, the Secretary shall refer the matter to the Attorney
General who shall recover the amount assessed in any appropriate
district court of the United States. In such action, the validity
and appropriateness of the final order imposing the civil penalty
shall not be subject to review.
-SOURCE-
(Pub. L. 93-428, Sec. 15, Oct. 1, 1974, 88 Stat. 1177; Pub. L.
96-276, Sec. 6, June 17, 1980, 94 Stat. 541.)
-MISC1-
AMENDMENTS
1980 - Subsec. (a). Pub. L. 96-276 substituted ''civil action
authorized to be brought under this subsection'' for ''civil action
authorized to be brought under this chapter'', struck out ''minor''
before ''violation of this chapter'', and inserted reference to
administrative action pursuant to subsection (b).
Subsec. (b). Pub. L. 96-276 substituted provisions authorizing
Secretary to assess civil penalty of not less than $500 or more
than $5,000 per violation, to issue cease and desist orders for
violations of regulations or orders issued by Secretary, and, after
review in court of appeals, to assess civil penalty of $500 per
offense for failure to abide by duly issued cease and desist order,
and authorized actions by Attorney General in appropriate district
courts to collect assessed penalties, for provisions authorizing
penalties of up to $1,000 per offense for willful violations of
this chapter, recoverable in civil action brought by the United
States.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2713 of this title.
-CITE-
7 USC Sec. 2715 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2715. Certification of organizations; required contents of
report as criteria
-STATUTE-
The eligibility of any organization to represent commercial egg
producers of any egg producing area of the United States to request
the issuance of an order under section 2704 of this title, and to
participate in the making of nominations under section 2707(b) of
this title shall be certified by the Secretary. Certification shall
be based, in addition to other available information, upon a
factual report submitted by the organization which shall contain
information deemed relevant and specified by the Secretary for the
making of such determination, including, but not limited to, the
following:
(a) Geographic territory covered by the organization's active
membership.
(b) Nature and size of the organization's active membership,
proportion of total of such active membership accounted for by
producers of commercial eggs, a chart showing the egg production
by State in which the organization has members, and the volume of
commercial eggs produced by the organization's active membership
in each such State,
(c) The extent to which the commercial egg producer membership
of such organization is represented in setting the organization's
policies,
(d) Evidence of stability and permanency of the organization,
(e) Sources from which the organization's operating funds are
derived,
(f) Functions of the organization, and
(g) The organization's ability and willingness to further the
aims and objectives of this chapter: Provided, however, That the
primary consideration in determining the eligibility of an
organization shall be whether its commercial egg producer
membership consists of a substantial number of egg producers who
produce a substantial volume of commercial eggs. The Secretary
shall certify any organization which he finds to be eligible
under this section and his determination as to eligibility shall
be final. Where more than one organization is certified in any
geographic area, such organizations may caucus to determine the
area's nominations under section 2707(b) of this title.
-SOURCE-
(Pub. L. 93-428, Sec. 16, Oct. 1, 1974, 88 Stat. 1178.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2704, 2707 of this title.
-CITE-
7 USC Sec. 2716 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2716. Regulations
-STATUTE-
The Secretary is authorized to make regulations with force and
effect of law, as may be necessary to carry out the provisions of
this chapter and the powers vested in him by this chapter.
-SOURCE-
(Pub. L. 93-428, Sec. 17, Oct. 1, 1974, 88 Stat. 1178.)
-CITE-
7 USC Sec. 2717 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2717. Investigations by Secretary; oaths and affirmations;
subpenas; judicial enforcement; contempt proceedings; service
of process
-STATUTE-
The Secretary may make such investigations as he deems necessary
for the effective carrying out of his responsibilities under this
chapter or to determine whether an egg producer, processor, or
other seller of commercial eggs or any other person has engaged or
is about to engage in any acts or practices which constitute or
will constitute a violation of any provisions of this chapter, or
of any order, or rule or regulation issued under this chapter. For
the purpose of such investigation, the Secretary is empowered to
administer oaths and affirmations, subpena witnesses, compel their
attendance, take evidence, and require the production of any books,
papers, and documents which are relevant to the inquiry. Such
attendance of witnesses and the production of any such records may
be required from any place in the United States. In case of
contumacy by, or refusal to obey a subpena to, any person,
including an egg producer, the Secretary may invoke the aid of any
court of the United States within the jurisdiction of which such
investigation or proceeding is carried on, or where such person
resides or carries on business, in requiring the attendance and
testimony of witnesses and the production of books, papers, and
documents; and such court may issue an order requiring such person
to appear before the Secretary, there to produce records, if so
ordered, or to give testimony touching the matter under
investigation. Any failure to obey such order of the court may be
punished by such court as a contempt thereof. All process in any
such case may be served in the judicial district whereof such
person is an inhabitant or wherever he may be found.
-SOURCE-
(Pub. L. 93-428, Sec. 18, Oct. 1, 1974, 88 Stat. 1178.)
-CITE-
7 USC Sec. 2718 01/06/03
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 60 - EGG RESEARCH AND CONSUMER INFORMATION
-HEAD-
Sec. 2718. Authorization of appropriations
-STATUTE-
There is hereby authorized to be appropriated out of any money in
the Treasury not otherwise appropriated such funds as are necessary
to carry out the provisions of this chapter. The funds so
appropriated shall not be available for payment of the expenses or
expenditures of the Egg Board in administering any provisions of
any order issued pursuant to the terms of this chapter.
-SOURCE-
(Pub. L. 93-428, Sec. 20, Oct. 1, 1974, 88 Stat. 1179.)
-CITE-
Descargar
Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |