-CITE-

7 USC CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND

NUTRITION EDUCATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

.

-HEAD-

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-MISC1-

Sec.

3401. Congressional findings and declaration of policy.

3402. Definitions.

3403. Issuance of orders.

(a) Notice and hearing.

(b) Effectuation of Congressional policy.

3404. Permissive terms and conditions of orders.

(a) Nutrition education plans.

(b) Research and studies.

(c) Records and reports; confidential information;

penalties.

(d) Assessment exemption.

(e) Miscellaneous terms and conditions.

3405. Wheat Industry Council.

(a) Establishment; powers.

(b) Membership.

(c) Research and nutrition education plans.

(d) Budgets.

(e) Processed wheat assessment; payment by end

product manufacturers.

(f) Maintenance of records.

(g) Contracts.

(h) Investment of assessment funds.

(i) Lobbying restriction.

(j) Reimbursement of expenses.

3406. Exemption for retail bakers.

3407. Referendum.

3408. Refund of processed wheat assessment.

(a) Election of end product manufacturers to seek

refunds.

(b) Refund demand; rules and regulations.

3409. Petition and review.

(a) Petition; hearing; ruling.

(b) Judicial review; jurisdiction; process; remand.

3410. Enforcement of orders and regulations.

(a) Jurisdiction; reference of civil actions to

Attorney General.

(b) Penalties.

(c) Other remedies.

3411. Suspension and termination of orders.

(a) Authority and responsibility of Secretary.

(b) Referendum.

(c) Suspension or termination of order not to be

considered an order.

3412. Investigations; power to subpena and take oaths and

affirmations; aid of courts.

3413. Certification of organizations.

3414. Other programs relating to wheat or wheat food research or

nutrition education.

3415. Regulations.

3416. Amendments to orders.

3417. Authorization of appropriations.

-CITE-

7 USC Sec. 3401 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3401. Congressional findings and declaration of policy

-STATUTE-

(a) Wheat is basic to the American diet and the American

economy. It is grown by thousands of farmers and consumed, in

various forms, by millions of people in the United States.

(b) The size of the American wheat crop and how it is marketed

and ultimately consumed determines whether many Americans receive

adequate nourishment. Wheat has a strong impact on the Nation's

well-being. Additional research on the optimal use of wheat

products can improve the American diet. Consumer education about

the nutritional value and economic use of wheat products can

enhance the national welfare.

(c) It has long been recognized that it is in the national

interest to have a regular, adequate, and high quality wheat

supply. It would be extremely difficult, without an effective

coordinated research and nutrition education effort, to accomplish

this objective. A programed effort of research and nutrition

education is of great importance to wheat producers, processors,

end product manufacturers, and consumers.

(d) It is the purpose of this chapter and in the public interest

to authorize and enable the creation of an orderly procedure,

adequately financed through an assessment, for the development and

initiation of an effective and continuous coordinated program of

research and nutrition education, designed to improve and enhance

the quality, and make the most efficient use, of American wheat,

processed wheat, and wheat end products to ensure an adequate diet

for the people of the United States. The maximum rate of assessment

authorized hereunder represents an infinitesimal proportion of the

overall cost of manufacturing wheat end products. Therefore, such

assessment will not significantly affect the retail prices of those

products. Furthermore, any price effect will be more than offset

by the increased efficiency in end product manufacture and

increased consumer acceptance, due to nutritional improvements in

wheat products, which may be expected to follow from adoption of a

plan under this chapter. Nothing in this chapter shall be

construed to provide for control of production or otherwise limit

the right of individual wheat producers to produce wheat.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1702, Sept. 29, 1977, 91 Stat.

1031.)

-MISC1-

EFFECTIVE DATE

Chapter effective Oct. 1, 1977, see section 1901 of Pub. L.

95-113, set out as an Effective Date of 1977 Amendment note under

section 1307 of this title.

SHORT TITLE

Section 1701 of title XVII of Pub. L. 95-113 provided that:

''This title (enacting this chapter) may be cited as the 'Wheat and

Wheat Foods Research and Nutrition Education Act'.''

SEPARABILITY

Section 1718 of Pub. L. 95-113 provided that: ''If any provision

of this title (this chapter) or the application thereof to any

person or circumstances is held invalid, the validity of the

remainder of the title and of the application of such provision to

other persons and circumstances shall not be affected thereby.''

-CITE-

7 USC Sec. 3402 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3402. Definitions

-STATUTE-

For the purposes of this chapter:

(a) The term ''wheat'' means all classes of wheat grains grown in

the United States.

(b) The term ''processed wheat'' means the wheat-derived content

of any substance (such as cake mix or flour) produced for use as an

ingredient of an end product by changing wheat grown within the

United States in form or character by any mechanical, chemical, or

other means.

(c) The term ''end product'' means any product which contains

processed wheat as an ingredient and which is intended, as

produced, for consumption as human food, notwithstanding any

additional incidental preparation which may be necessary by the

ultimate consumer.

(d) The term ''wheat producer'' means any person who grows wheat

within the United States for market.

(e) The term ''processor'' means any person who commercially

produces processed wheat within the United States.

(f) The term ''end product manufacturer'' means any person who

commercially produces an end product within the United States, but

such term shall not include such persons to the extent that they

produce end products on the premises where such end products are to

be consumed by an ultimate consumer, including, but not limited to,

hotels, restaurants, and institutions, nor shall such term include

persons who produce end products for their own personal, family, or

household use.

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

the nutritional quality, marketability, production, or other

qualities of wheat, processed wheat, or end products.

(h) The term ''nutrition education'' means any action to

disseminate to the public information resulting from research

concerning the economic value or nutritional benefits of wheat,

processed wheat, and end products.

(i) The term ''Council'' means the Wheat Industry Council

established pursuant to section 3405 of this title.

(j) The term ''Department'' means the United States Department of

Agriculture.

(k) The term ''Secretary'' means the Secretary of Agriculture of

the United States.

(l) The term ''person'' means any individual, partnership,

corporation, association, or other entity.

(m) The term ''United States'' means the several States and the

District of Columbia, including any territory or possession.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1703, Sept. 29, 1977, 91 Stat.

1032.)

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7 USC Sec. 3403 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3403. Issuance of orders

-STATUTE-

(a) Notice and hearing

Whenever the Secretary has reason to believe that the issuance of

an order will tend to effectuate the declared policy of this

chapter, the Secretary 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 3413 of this title, or by any interested person

affected by the provisions of this chapter, including the

Secretary.

(b) Effectuation of Congressional policy

After notice and opportunity for hearing as provided in

subsection (a) of this section, the Secretary shall issue an order

if the Secretary 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. 95-113, title XVII, Sec. 1704, Sept. 29, 1977, 91 Stat.

1033.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3413 of this title.

-CITE-

7 USC Sec. 3404 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3404. Permissive terms and conditions of orders

-STATUTE-

Any order issued pursuant to this chapter shall contain one or

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

in section 3405 of this title, no others:

(a) Nutrition education plans

providing for the establishment, issuance, effectuation, and

administration of appropriate plans or projects for nutrition

education, both within the United States and in international

markets with respect to wheat, processed wheat, and end products,

and for the disbursement of necessary funds for such purposes:

Provided, That in carrying out any such plan or project, 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 wheat, processed wheat, and end products of

other person: Provided further, That no such plans or projects

shall make use of unfair or deceptive acts or practices in behalf

of wheat, processed wheat, and end products or unfair or deceptive

acts or practices with respect to quality, value, or use of any

competing product;

(b) Research and studies

providing for the establishment and conduct of research or

studies with respect to sale, distribution, marketing, utilization,

or production of wheat, processed wheat, and end products and the

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

utilization of wheat, processed wheat, and end products may be

encouraged, expanded, improved, or made more acceptable, and for

the disbursement of necessary funds for such purposes;

(c) Records and reports; confidential information; penalties

providing that processors, distributors of processed wheat, and

end product manufacturers shall maintain and make available for

inspection by the Secretary or the Council such books and records

as may be required by any order issued pursuant to this title and

for the filing of reports by such persons at the time, in the

manner, and having the content prescribed by the order, to the end

that information shall be made available to the Council and to the

Secretary which are appropriate or necessary to the effectuation,

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

regulation issued pursuant to this chapter: Provided, That all

information so obtained shall be kept confidential by all officers

and employees of the Department, the Council, 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 the Secretary 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

direction of the Secretary, of general statements relating to

refunds made by the Council during any specific period, or (3) the

publication by direction of the Secretary of the name of any person

who has been adjudged to have violated any order, together with a

statement of the particular provisions of the order violated by

such person. Any such officer or employee of the Department, the

Council, or a contracting agency violating the provisions of this

clause shall, upon conviction, be subject to a fine of not more

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

and if an officer or employee of the Council or Department shall be

removed from office;

(d) Assessment exemption

providing for exemption of specified end products, or types or

categories thereof, from the assessments required to be paid under

section 3405 of this title under such conditions and procedures as

may be prescribed in the order or rules and regulations issued

thereunder; and

(e) Miscellaneous 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. 95-113, title XVII, Sec. 1705, Sept. 29, 1977, 91 Stat.

1033.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3405 of this title.

-CITE-

7 USC Sec. 3405 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3405. Wheat Industry Council

-STATUTE-

Any order issued pursuant to this chapter shall contain such

terms and conditions as to provide -

(a) Establishment; powers

for the establishment and appointment by the Secretary of a

Wheat Industry Council which shall consist of not more than

twenty members and alternates therefor, and for the definition of

its powers and duties which shall include only the powers

enumerated in this section, and shall specifically include the

powers to (1) administer such order in accordance with its terms

and provisions, (2) make rules and regulations to effectuate the

terms and provisions of such order, (3) receive, investigate, and

report to the Secretary complaints of violations of such order,

and (4) recommend to the Secretary amendments to such order. The

term of an appointment to the Council shall be for two years with

no member serving more than three consecutive terms, except that

initial appointments shall be proportionately for two-year and

three-year terms;

(b) Membership

that the Council and alternates therefor shall be composed of

wheat producers or representatives of wheat producers, processors

or representatives of processors, end product manufacturers or

representatives of end product manufacturers, and consumers or

representatives of consumers appointed by the Secretary from

nominations submitted by eligible organizations or associations

certified pursuant to section 3413 of this title, or, if the

Secretary determines that a substantial number of wheat

producers, processors, end product manufacturers, or consumers

are not members of, or their interests are not represented by any

such eligible organizations or associations then from nominations

made by such wheat producers, processors, end product

manufacturers, and consumers in the manner authorized by the

Secretary, so that the representation of wheat producers,

processors, end product manufacturers, and consumers on the

Council shall be equal: Provided, That in making such

appointments, the Secretary shall take into account, to the

extent practicable, the geographical distribution of wheat

producers, processors, end product manufacturers, and consumers

throughout the United States;

(c) Research and nutrition education plans

that the Council shall, subject to the provisions of clause (g)

of this section, develop and submit to the Secretary for approval

any research plans or projects and nutrition education plans or

projects resulting from research, and that any such plan or

project must be approved by the Secretary before becoming

effective;

(d) Budgets

that the Council shall, subject to the provisions of clause (g)

of this section, submit to the Secretary for approval budgets on

a fiscal period basis of its anticipated expenses and

disbursements in the administration of the order, including

probable costs of research and nutrition education projects;

(e) Processed wheat assessment; payment by end product

manufacturers

that, except as provided in sections 3404(d) and 3406 of this

title, each end product manufacturer shall pay to the Council,

pursuant to regulations issued under the order, an assessment

based on the number of hundredweights of processed wheat

purchased, including intra-company transfers of processed wheat,

for use in the manufacture of end products, from processors,

distributors, or (in the case of intra-company transfers) related

companies or divisions of the same company. Such assessment

shall be used for such expenses and expenditures defined above,

including provisions for a reasonable reserve, and any referendum

and administrative costs incurred by the Secretary and the

Council under this chapter, as the Secretary finds are reasonable

and likely to be incurred under the order during any period

specified by the Secretary. The circumstances under which such a

purchase or intra-company transfer will be deemed to have

occurred will be prescribed by the Secretary in the order. Such

assessment shall be calculated and set aside on the books and

records of the end product manufacturer at the time of each

purchase or intra-company transfer of processed wheat, and shall

be remitted to the Council in the manner prescribed by the

order. In order to enable end product manufacturers to calculate

the amount of processed wheat they have purchased, persons

selling or transferring processed wheat in combination with other

ingredients to such end product manufacturers for use in the

manufacture of end products, shall disclose to such end product

manufacturers, as prescribed by the Secretary in the order, the

amount or proportion of processed wheat contained in such

products. The rate of assessment shall not exceed five cents per

hundredweight of processed wheat purchased or transferred. The

Secretary may maintain a suit against any person subject to such

assessment 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) Maintenance of records

that the Council shall maintain such books and records, which

shall be available to the Secretary for inspection and audit, and

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

Secretary as the Secretary may prescribe, and for appropriate

accounting by the Council, with respect to the receipt and

disbursement of all funds entrusted to it;

(g) Contracts

that the Council, with the approval of the Secretary, may enter

into contracts or agreements for the development and conduct of

the activities authorized under the order pursuant to terms and

conditions specified in clauses (a) and (b) of section of this

title and for the payment of the cost thereof with funds

collected through the assessments pursuant to the order. Any

such contract or agreement shall provide that the contractors

shall develop and submit to the Council 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 Council of activities conducted and an

accounting for funds received and expended, and such other

reports as the Secretary may require;

(h) Investment of assessment funds

that the Council, with the approval of the Secretary, may

invest, pending disbursement pursuant to a plan or project, funds

collected through assessments authorized under this title in, and

only in, obligations of the United States or any agency thereof,

in general obligations of any State or any political subdivision

thereof, in any interest-bearing account or certificate of

deposit of a bank which is a member of the Federal Reserve

System, or in obligations fully guaranteed as to principal and

interest by the United States;

(i) Lobbying restriction

that no funds collected by the Council under the order shall in

any manner be used for the purpose of influencing governmental

policy or action, except as provided by clause (a)(4) of this

section; and

(j) Reimbursement of expenses

that the Council 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 Council.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1706, Sept. 29, 1977, 91 Stat.

1034.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3402, 3404, 3413 of this

title.

-CITE-

7 USC Sec. 3406 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3406. Exemption for retail bakers

-STATUTE-

Any end product manufacturer who is a retail baker shall be

exempt from the provisions of this chapter. For the purposes of

this section, the term ''retail baker'' shall be deemed to include

all end product manufacturers who sell end products directly to the

ultimate consumer: Provided, That such term shall not include any

end product manufacturer who derives less than 10 per centum of

gross end product sales revenues from sales to ultimate consumers

or who derives 10 per centum or more of gross food or food products

sales revenues from the sale of such products manufactured or

produced by others.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1707, Sept. 29, 1977, 91 Stat.

1036.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3405 of this title.

-CITE-

7 USC Sec. 3407 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3407. Referendum

-STATUTE-

The Secretary shall conduct a referendum as soon as practicable

among end product manufacturers not exempt hereunder who, during a

representative period preceding the date of the referendum, as

determined by the Secretary, have been engaged in the manufacture

of end products, for the purpose of ascertaining whether the

issuance of an order is approved or favored by such manufacturers.

Qualified end product manufacturers may register with the Secretary

by mail to vote in such referendum during a period ending not less

than thirty days prior to the date of the referendum. Within ten

days thereafter, the Secretary shall determine which end product

manufacturers are eligible to vote in such referendum and cause to

be published the list of such eligible voters. The Secretary shall

issue ballots to all such persons who have so registered and been

declared eligible to vote. No order issued pursuant to this

chapter shall be effective unless the Secretary determines (1) that

votes were cast by at least 50 per centum of such registered end

product manufacturers, and (2) that the issuance of such order is

approved or favored by not less than two-thirds of the end product

manufacturers voting in such referendum or by a majority of the end

product manufacturers voting in such referendum if such majority

manufactured end products containing not less than two-thirds of

the total processed wheat contained in all end products

manufactured by those voting in the referendum, during the

representative period defined by the Secretary: Provided, That at

the time of the registration provided under this section each end

product manufacturer so registering shall certify to the Secretary

the amount of processed wheat contained in the end products

manufactured by such end product manufacturer during such

representative period. The Secretary shall be reimbursed from

assessments collected by the Council for any expenses incurred for

the conduct of the referendum. Eligible voter lists and ballots

cast in the referendum shall be retained by the Secretary for a

period of not less than twelve months after they are cast for audit

and recount in the event the results of the referendum are

challenged and either the Secretary or the courts determine a

recount and retabulation of results is appropriate.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1708, Sept. 29, 1977, 91 Stat.

1036.)

-CITE-

7 USC Sec. 3408 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3408. Refund of processed wheat assessment

-STATUTE-

(a) Election of end product manufacturers to seek refunds

Subsequent to the approval by the Secretary of the annual budget

of the Council or amendments thereto, a summary of such budget or

amendments thereto, including a brief general description of the

proposed research and nutrition education programs contemplated

therein, shall be published in the Federal Register. All end

product manufacturers not exempt hereunder shall have sixty days

from the date of such publication within which to elect, under such

conditions as the Secretary may prescribe, by so indicating to the

Council in writing, by registered or certified mail, to reserve the

right to seek refunds under subsection (b) of this section. Only

those end product manufacturers who make such an election, under

the described procedure, shall be eligible for refunds of

assessments paid during the one-year period immediately following

the expiration of such sixty-day period.

(b) Refund demand; rules and regulations

Notwithstanding any other provision of this chapter, any end

product manufacturer who has been subject to and has paid an

assessment, but who has reserved the right, under subsection (a) of

this section, to seek a refund, and who is not in favor of

supporting the programs as provided for herein, shall have the

right to demand and receive from the Council a refund of such

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

product manufacturer in accordance with regulations, and on a form

and within a time period, prescribed by the Council and approved by

the Secretary and upon submission of proof satisfactory to the

Council that the end product manufacturer paid the assessment for

which refund is sought, and any such refund shall be made within

sixty days after demand is received therefor.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1709, Sept. 29, 1977, 91 Stat.

1037.)

-CITE-

7 USC Sec. 3409 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3409. Petition and review

-STATUTE-

(a) Petition; hearing; ruling

Any person subject to any order may file a written petition with

the Secretary, stating that any such order or any provision of such

order or any obligation imposed in connection therewith is not in

accordance with law and praying for a modification thereof or for

an exemption therefrom. The petitioner shall thereupon be given an

opportunity for a hearing upon such petition, in accordance with

regulations issued 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) Judicial review; jurisdiction; process; remand

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 a copy of the complaint to the Secretary. 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.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1710, Sept. 29, 1977, 91 Stat.

1037.)

-CITE-

7 USC Sec. 3410 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3410. Enforcement of orders and regulations

-STATUTE-

(a) Jurisdiction; reference 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 chapter 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 minor violations of this chapter whenever the

Secretary believes that the administration and enforcement of the

program would be adequately served by suitable written notice or

warning to any person committing such violation.

(b) Penalties

Any end product manufacturer or other person who willfully

violates any provision of any order issued by the Secretary under

this chapter, or who willfully fails or refuses to remit any

assessment or fee duly required thereunder, shall be liable to a

penalty of not more than $1,000 for each such offense which shall

accrue to the United States and may be recovered in a civil suit

brought by the United States.

(c) Other remedies

The remedies provided in subsections (a) and (b) of this section

shall be in addition to, and not exclusive of, the remedies

otherwise provided at law or in equity.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1711, Sept. 29, 1977, 91 Stat.

1038.)

-CITE-

7 USC Sec. 3411 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3411. Suspension and termination of orders

-STATUTE-

(a) Authority and responsibility of Secretary

The Secretary shall, whenever he finds that any order issued

under this chapter, or any provision thereof, obstructs or does not

tend to effectuate the declared policy of this chapter, terminate

or suspend the operation of such order or such provision thereof.

(b) Referendum

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 end product manufacturers subject to the order, to determine

whether such manufacturers favor the termination or suspension of

the order, and the Secretary shall suspend or terminate such order

within six months after the Secretary determines that suspension or

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

the end product manufacturers voting in such referendum who, during

a representative period determined by the Secretary, have been

engaged in the manufacture of end products or by end product

manufacturers who produced end products containing more than 50 per

centum of the total processed wheat contained in all end products

manufactured during such period by the end product manufacturers

voting in the referendum.

(c) Suspension or termination of order not to be considered an

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. 95-113, title XVII, Sec. 1712, Sept. 29, 1977, 91 Stat.

1038.)

-CITE-

7 USC Sec. 3412 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3412. Investigations; power to subpena and take oaths and

affirmations; aid of courts

-STATUTE-

The Secretary may make such investigations as the Secretary deems

necessary for the effective administration of this chapter or to

determine whether any person subject to the provisions of this

chapter 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, 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 such person may be found.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1713, Sept. 29, 1977, 91 Stat.

1039.)

-CITE-

7 USC Sec. 3413 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3413. Certification of organizations

-STATUTE-

The eligibility of any organization to represent wheat producers,

processors, end product manufacturers, or consumers to request the

issuance of an order under section 3403(a) of this title and to

participate in the making of nominations under section 3405(b) of

this title, shall be certified by the Secretary. The Secretary

shall certify any organization which the Secretary finds to be

eligible under this section and the Secretary's determination as to

eligibility shall be final. 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,

including, in the case of an organization other than a consumer

organization, the proportion of the total number of active wheat

producers, processors, or end product manufacturers represented

by the organization,

(c) evidence of stability and permanency of the organization,

(d) sources from which the organization's operating funds are

derived,

(e) functions of the organization, and

(f) the organization's ability and willingness to further the

aims and objectives of this title: Provided, That the primary

consideration in determining the eligibility of an organization,

other than a consumer organization, shall be whether its

membership consists primarily of wheat producers, processors, or

end product manufacturers who produce a substantial volume of

wheat, processed wheat, or end products, respectively, and

whether the organization is based on a primary or overriding

interest in the production, processing, or end manufacture of

wheat or wheat products, and the nutritional attributes thereof:

Provided further, That the primary consideration in determining

the eligibility of a consumer organization shall be whether (1) a

principal purpose of the organization is to promote consumer

interests, consumer research, or consumer education, (2) such

organization has a broadly representative constituency of

consumers, with active membership participation on a regular

basis, and (3) the organization has demonstrated to the

Secretary's satisfaction its commitment to the achievement of the

objectives of this chapter.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1714, Sept. 29, 1977, 91 Stat.

1039.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3403, 3405 of this title.

-CITE-

7 USC Sec. 3414 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3414. Other programs relating to wheat or wheat food research

or nutrition education

-STATUTE-

Nothing in this chapter shall be construed to preempt or

interfere with the workings of any other program relating to wheat

or wheat foods research or nutrition education organized and

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

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1715, Sept. 29, 1977, 91 Stat.

1040.)

-CITE-

7 USC Sec. 3415 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3415. Regulations

-STATUTE-

The Secretary is authorized to issue such regulations as may be

necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1716, Sept. 29, 1977, 91 Stat.

1040.)

-CITE-

7 USC Sec. 3416 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3416. Amendments to orders

-STATUTE-

The provisions of this chapter applicable to orders shall be

applicable to amendments to orders.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1717, Sept. 29, 1977, 91 Stat.

1040.)

-CITE-

7 USC Sec. 3417 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION

-HEAD-

Sec. 3417. Authorization of appropriations

-STATUTE-

There are 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 Council in administering any provisions of

any order issued pursuant to the terms of this chapter.

-SOURCE-

(Pub. L. 95-113, title XVII, Sec. 1719, Sept. 29, 1977, 91 Stat.

1040.)

-CITE-