-CITE-

7 USC CHAPTER 76 - DAIRY RESEARCH AND PROMOTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

.

-HEAD-

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

-MISC1-

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

Sec.

4501. Congressional findings and declaration of policy.

4502. Definitions.

4503. Issuance of orders.

(a) Notice and opportunity for public comment.

(b) Effective date of orders.

(c) Amendment of orders.

(d) Order implementation and international trade

obligations.

4504. Required terms in orders.

4505. Certification of organizations.

4506. Requirement of referendum.

4507. Suspension and termination of orders.

(a) Determination by Secretary.

(b) Referendum.

(c) Action not considered an order.

4508. Cooperative association representation.

4509. Petition and review.

4510. Enforcement.

(a) Restraining order; civil action; minor violation.

(b) Civil penalties.

(c) Availability of other remedies.

4511. Investigations; power to subpena and take oaths and

affirmations; aid of courts.

4512. Administrative provisions.

4513. Authorization of appropriations.

4514. Dairy reports.

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

4531. Definitions.

4532. Establishment of National Dairy Research Endowment Institute.

4533. Issuance of order.

(a) Publication in Federal Register; public comment;

submission.

(b) Effective date of order.

(c) Amendment of order.

4534. Required terms of order; agreements under order; records.

(a) Required terms.

(b) Agreements under order.

(c) Confidentiality of records; disclosure

exceptions; penalty for violation.

4535. Petition and review; enforcement; investigations.

4536. Dairy Research Trust Fund.

(a) Establishment.

(b) Authorization of appropriations; transfer of

moneys; investments.

(c) Availability of moneys for authorized and

approved activities.

4537. Termination of order, Institute, and Fund.

(a) Termination or suspension of order.

(b) Dissolution of Institute.

(c) Disposal of moneys in Fund.

4538. Additional authority.

-CITE-

7 USC SUBCHAPTER I - DAIRY PROMOTION PROGRAM 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

.

-HEAD-

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4533, 4535, 7401 of

this title.

-CITE-

7 USC Sec. 4501 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4501. Congressional findings and declaration of policy

-STATUTE-

(a) Congress finds that -

(1) dairy products are basic foods that are a valuable part of

the human diet;

(2) the production of dairy products plays a significant role

in the Nation's economy the milk from which dairy products are

manufactured is produced by thousands of milk producers, and

dairy products are consumed by millions of people throughout the

United States;

(3) dairy products must be readily available and marketed

efficiently to ensure that the people of the United States

receive adequate nourishment;

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

products are vital to the welfare of milk producers and those

concerned with marketing, using, and producing dairy products, as

well as to the general economy of the Nation; and

(5) dairy products move in interstate and foreign commerce, and

dairy products that do not move in such channels of commerce

directly burden or affect interstate commerce of dairy products.

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

it is in the public interest to authorize the establishment,

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

procedure for financing (through assessments on all milk produced

in the United States for commercial use and on imported dairy

products) and carrying out a coordinated program of promotion

designed to strengthen the dairy industry's position in the

marketplace and to maintain and expand domestic and foreign markets

and uses for fluid milk and dairy products. Nothing in this

subchapter may be construed to provide for the control of

production or otherwise limit the right of individual milk

producers to produce milk or the right of any person to import

dairy products.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 110, Nov. 29, 1983, 97 Stat. 1136;

Pub. L. 107-171, title I, Sec. 1505(h)(1), May 13, 2002, 116 Stat.

210.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-171 inserted ''and on imported

dairy products'' after ''commercial use'' and struck out ''

produced in the United States'' after ''fluid milk and dairy

products'' in first sentence and inserted ''or the right of any

person to import dairy products'' before period at end of second

sentence.

SHORT TITLE

For short title of title I of Pub. L. 98-180 as the ''Dairy

Production Stabilization Act of 1983'', see Short Title of 1983

Amendment note set out under section 1421 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4502 of this title.

-CITE-

7 USC Sec. 4502 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4502. Definitions

-STATUTE-

As used in this subchapter -

(a) the term ''Board'' means the National Dairy Promotion and

Research Board established under section 4504 of this title;

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

Agriculture;

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

(d) the term ''milk'' means any class of cow's milk;

(e) the term ''dairy products'' means products manufactured for

human consumption which are derived from the processing of milk,

and includes fluid milk products;

(f) the term ''fluid milk products'' means those milk products

normally consumed in liquid form as a beverage;

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

individuals, partnership, corporation, association, cooperative,

or any other entity;

(h) the term ''producer'' means any person engaged in the

production of milk for commercial use;

(i) the term ''promotion'' means actions such as paid

advertising, sales promotion, and publicity to advance the image

and sales of and demand for dairy products;

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

effectiveness of market development and promotion efforts,

studies relating to the nutritional value of milk and dairy

products, and other related efforts to expand demand for milk and

dairy products;

(k) the term ''nutrition education'' means those activities

intended to broaden the understanding of sound nutritional

principles including the role of milk and dairy products in a

balanced diet;

(l) the term ''United States'' as used in sections 4501 through

4508 of this title means the forty-eight contiguous States in the

continental United States;

(m) the term ''imported dairy product'' means any dairy product

that is imported into the United States (as defined in subsection

(l) of this section), including dairy products imported into the

United States in the form of -

(1) milk, cream, and fresh and dried dairy products;

(2) butter and butterfat mixtures;

(3) cheese; and

(4) casein and mixtures;

(n) the term ''importer'' means a person that imports an

imported dairy product into the United States; and

(o) the term ''Customs'' means the United States Customs

Service.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 111, Nov. 29, 1983, 97 Stat. 1136;

Pub. L. 107-171, title I, Sec. 1505(a), (h)(2), May 13, 2002, 116

Stat. 207, 210.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-171, Sec. 1505(h)(2), struck out

''produced in the United States'' before semicolon at end.

Subsec. (m) to (o). Pub. L. 107-171, Sec. 1505(a), added subsecs.

(m) to (o).

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 3903.

-CITE-

7 USC Sec. 4503 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4503. Issuance of orders

-STATUTE-

(a) Notice and opportunity for public comment

During the period beginning with November 29, 1983, and ending

thirty days after receipt of a proposal for an initial dairy

products promotion and research order, the Secretary shall publish

such proposed order and give due notice and opportunity for public

comment upon the proposed order. The proposal for an order may be

submitted by an organization certified under section 4505 of this

title or by any interested person affected by the provisions of

this subchapter.

(b) Effective date of orders

After notice and opportunity for public comment are given, as

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

issue a dairy products promotion and research order. Such order

shall become effective not later than ninety days following

publication of the proposal.

(c) Amendment of orders

The Secretary may, from time to time, amend a dairy products

promotion and research order.

(d) Order implementation and international trade obligations

The Secretary, in consultation with the United States Trade

Representative, shall ensure that the order is implemented in a

manner consistent with the international trade obligations of the

Federal Government.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 112, Nov. 29, 1983, 97 Stat. 1137;

Pub. L. 107-171, title I, Sec. 1505(g), May 13, 2002, 116 Stat.

209.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-171, which directed the addition

of subsec. (d) at the end of section 112 of the Dairy Promotion

Stabilization Act of 1983, was executed by adding subsec. (d) at

the end of this section to reflect the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4502 of this title.

-CITE-

7 USC Sec. 4504 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4504. Required terms in orders

-STATUTE-

Any order issued under this subchapter shall contain terms and

conditions as follows:

(a) The order shall provide for the establishment and

administration of appropriate plans or projects for advertisement

and promotion of the sale and consumption of dairy products, for

research projects related thereto, for nutrition education

projects, and for the disbursement of necessary funds for such

purposes. Any such plan or project shall be directed toward the

sale and marketing or use of dairy products to the end that the

marketing and use of dairy products may be encouraged, expanded,

improved, or made more acceptable. No such advertising or sales

promotion program shall make use of unfair or deceptive acts or

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

competing product.

(b) National Dairy Promotion and Research Board. -

(1) The order shall provide for the establishment and

appointment by the Secretary of a National Dairy Promotion and

Research Board that shall consist of not less than thirty-six

members.

(2) Except as provided in paragraph (6), the members of the

Board shall be milk producers appointed by the Secretary from

nominations submitted by eligible organizations certified under

section 4505 of this title, or, if the Secretary determines that

a substantial number of milk producers are not members of, or

their interests are not represented by, any such eligible

organization, then from nominations made by such milk producers

in the manner authorized by the Secretary.

(3) In making such appointments, the Secretary shall take into

account, to the extent practicable, the geographical distribution

of milk production volume throughout the United States.

(4) In determining geographic representation, whole States

shall be considered as a unit.

(5) A region may be represented by more than one director and a

region may be made up of more than one State.

(6) Importers. -

(A) Initial representation. - In making initial appointments

to the Board of importer representatives, the Secretary shall

appoint 2 members who represent importers of dairy products and

are subject to assessments under the order.

(B) Subsequent representation. - At least once every 3 years

after the initial appointment of importer representatives under

subparagraph (A), the Secretary shall review the average volume

of domestic production of dairy products compared to the

average volume of imports of dairy products into the United

States during the previous 3 years and, on the basis of that

review, shall reapportion importer representation on the Board

to reflect the proportional share of the United States market

by domestic production and imported dairy products.

(C) Additional members; nominations. - The members appointed

under this paragraph -

(i) shall be in addition to the total number of members

appointed under paragraph (2); and

(ii) shall be appointed from nominations submitted by

importers under such procedures as the Secretary determines

to be appropriate.

(7) The term of appointment to the Board shall be for three

years with no member serving more than two consecutive terms,

except that initial appointments shall be proportionately for

one-year, two-year, and three-year terms.

(8) The Board shall appoint from its members an executive

committee whose membership shall equally reflect each of the

different regions in the United States in which milk is produced

as well as importers of dairy products.

(9) The executive committee shall have such duties and powers

as are conferred upon it by the Board.

(10) Board members shall serve without compensation, but shall

be reimbursed for their reasonable expenses incurred in

performing their duties as members of the Board including a per

diem allowance as recommended by the Board and approved by the

Secretary.

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

that shall include only the powers enumerated in this section.

These shall include, in addition to the powers set forth elsewhere

in this section, the powers to (1) receive and evaluate, or on its

own initiative develop, and budget for plans or projects to promote

the use of fluid milk and dairy products as well as projects for

research and nutrition education and to make recommendations to the

Secretary regarding such proposals, (2) administer the order in

accordance with its terms and provisions, (3) make rules and

regulations to effectuate the terms and provisions of the order,

(4) receive, investigate, and report to the Secretary complaints of

violations of the order, and (5) recommend to the Secretary

amendments to the order. The Board shall solicit, among others,

research proposals that would increase the use of fluid milk and

dairy products by the military and by persons in developing

nations, and that would demonstrate the feasibility of converting

surplus nonfat dry milk to casein for domestic and export use.

(d) The order shall provide that the Board shall develop and

submit to the Secretary for approval any promotion, research, or

nutrition education plan or project and that any such plan or

project must be approved by the Secretary before becoming

effective.

(e) Budgets. -

(1) Preparation and submission. - The order shall require the

Board to 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 projected costs of dairy

products promotion and research projects.

(2) Foreign market efforts. - The order shall authorize the

Board to expend in the maintenance and expansion of foreign

markets an amount not to exceed the amount collected from United

States producers for a fiscal year. Of those funds, for each of

the 2002 through 2007 fiscal years, the Board's budget may

provide for the expenditure of revenues available to the Board to

develop international markets for, and to promote within such

markets, the consumption of dairy products produced or

manufactured in the United States.

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

the Secretary, may enter into agreements for the development and

conduct of the activities authorized under the order as specified

in subsection (a) of this section and for the payment of the cost

thereof with funds collected through assessments under the order.

Any such agreement shall provide that (1) the contracting party

shall develop and submit to the Board a plan or project together

with a budget or budgets that shall show estimated costs to be

incurred for such plan or project, (2) the plan or project shall

become effective upon the approval of the Secretary, and (3) the

contracting party shall keep accurate records of all of its

transactions, account for funds received and expended, and make

periodic reports to the Board of activities conducted, and such

other reports as the Secretary or the Board may require.

(g) Assessments. -

(1) The order shall provide that each person making payment to

a producer for milk produced in the United States and purchased

from the producer shall, in the manner as prescribed by the

order, collect an assessment based upon the number of

hundredweights of milk for commercial use handled for the account

of the producer and remit the assessment to the Board.

(2) The assessment shall be used for payment of the expenses in

administering the order, with provision for a reasonable reserve,

and shall include those administrative costs incurred by the

Department after an order has been promulgated under this

subchapter.

(3) The rate of assessment for milk produced in the United

States and imported dairy products prescribed by the order shall

be 15 cents per hundredweight of milk for commercial use or the

equivalent thereof, as determined by the Secretary.

(4) A milk producer or the producer's cooperative who can

establish that the producer is participating in active, ongoing

qualified State or regional dairy product promotion or nutrition

education programs intended to increase consumption of milk and

dairy products generally shall receive credit in determining the

assessment due from such producer for contributions to such

programs of up to 10 cents per hundredweight of milk marketed or,

for the period ending six months after November 29, 1983, up to

the aggregate rate in effect on November 29, 1983, of such

contributions to such programs (but not to exceed 15 cents per

hundredweight of milk marketed) if such aggregate rate exceeds 10

cents per hundredweight of milk marketed.

(5) Any person marketing milk of that person's own production

directly to consumers shall remit the assessment directly to the

Board in the manner prescribed by the order.

(6) Importers. -

(A) In general. - The order shall provide that each importer

of imported dairy products shall pay an assessment to the Board

in the manner prescribed by the order.

(B) Time for payment. - The assessment on imported dairy

products shall be paid by the importer to Customs at the time

the entry documents are filed with Customs. Customs shall remit

the assessments to the Board. For purposes of this

subparagraph, the term ''importer'' includes persons who hold

title to foreign-produced dairy products immediately upon

release by Customs, as well as persons who act on behalf of

others, as agents, brokers, or consignees, to secure the

release of dairy products from Customs.

(C) Use of assessments on imported dairy products. -

Assessments collected on imported dairy products shall not be

used for foreign market promotion.

(h) The order shall require the Board to (1) maintain such books

and records (which shall be available to the Secretary for

inspection and audit) as the Secretary may prescribe, (2) prepare

and submit to the Secretary, from time to time, such reports as the

Secretary may prescribe, and (3) account for the receipt and

disbursement of all funds entrusted to it.

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

the Secretary, may invest, pending disbursement under a plan or

project, funds collected through assessments authorized under this

subchapter only in obligations of the United States or any agency

thereof, in general obligations of any State or any political

subdivision thereof, in any interest-bearing account or certificate

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

System, or in obligations fully guaranteed as to principal and

interest by the United States.

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

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

influencing governmental policy or action except as provided by

subsection (c)(5) of this section.

(k) The order shall require that each importer of imported dairy

products, each person receiving milk from farmers for commercial

use, and any person marketing milk of that person's own production

directly to consumers, maintain and make available for inspection

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

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

prescribed by the order. Such information shall be made available

to the Secretary as is appropriate to the administration or

enforcement of this subchapter, or any order or regulation issued

under this subchapter. All information so obtained shall be kept

confidential by all officers and employees of the Department, and

only such information so obtained as the Secretary deems relevant

may be disclosed by them and then only in a suit or administrative

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

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

involving the order with reference to which the information to be

disclosed was obtained. Nothing in this subsection may 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, or (2) 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. No

information obtained under the authority of this subchapter may be

made available to any agency or officer of the Federal Government

for any purpose other than the implementation of this subchapter

and any investigatory or enforcement action necessary for the

implementation of this subchapter. Any person violating the

provisions of this subsection 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 Board

or the Department, shall be removed from office.

(l) The order shall provide terms and conditions, not

inconsistent with the provisions of this subchapter, as necessary

to effectuate the provisions of the order.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 113, Nov. 29, 1983, 97 Stat. 1137;

Pub. L. 104-127, title I, Sec. 152, Apr. 4, 1996, 110 Stat. 922;

Pub. L. 107-171, title I, Sec. 1505(b)-(e), May 13, 2002, 116 Stat.

208, 209.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-171, Sec. 1505(b), inserted

heading, designated first to ninth sentences as pars. (1) to (5)

and (7) to (10), respectively, and realigned margins, substituted

''Except as provided in paragraph (6), the members of the Board''

for ''Members of the Board'' in par. (2) and ''is produced as well

as importers of dairy products'' for ''is produced'' in par. (8),

and added par. (6).

Subsec. (e). Pub. L. 107-171, Sec. 1505(c), inserted heading,

designated existing provisions as par. (1), inserted heading, and

struck out ''For each of fiscal years 1997 through 2001, the

Board's budget may provide for the expenditure of revenues

available to the Board to develop international markets for, and to

promote within such markets, the consumption of dairy products

produced in the United States from milk produced in the United

States.'' at end, and added par. (2).

Subsec. (g). Pub. L. 107-171, Sec. 1505(d), inserted heading,

designated first to fifth sentences as pars. (1) to (5),

respectively, and realigned margins, inserted ''for milk produced

in the United States and imported dairy products'' after ''The rate

of assessment'' and '', as determined by the Secretary'' before

period at end in par. (3), and added par. (6).

Subsec. (k). Pub. L. 107-171, Sec. 1505(e), substituted

''importer of imported dairy products, each person receiving milk

from farmers'' for ''person receiving milk from farmers'' in first

sentence.

1996 - Subsec. (e). Pub. L. 104-127 inserted at end ''For each of

fiscal years 1997 through 2001, the Board's budget may provide for

the expenditure of revenues available to the Board to develop

international markets for, and to promote within such markets, the

consumption of dairy products produced in the United States from

milk produced in the United States.''

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4502, 4505, 6407, 6409 of

this title.

-CITE-

7 USC Sec. 4505 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4505. Certification of organizations

-STATUTE-

(a) The eligibility of any organization to represent milk

producers, and to participate in the making of nominations under

section 4504 of this title shall be certified by the Secretary. The

Secretary shall certify any organization that the Secretary

determines meets the eligibility criteria established by the

Secretary under this section and the Secretary's determination as

to eligibility shall be final.

(b) Certification shall be based, in addition to other available

information, on a factual report submitted by the organization,

which shall contain information deemed relevant and specified by

the Secretary, including, but not limited to, the following:

(1) geographic territory covered by the organization's active

membership;

(2) nature and size of the organization's active membership

including the proportion of the total number of active milk

producers represented by the organization;

(3) evidence of stability and permanency of the organization;

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

derived;

(5) functions of the organization; and

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

aims and objectives of this subchapter.

The primary considerations in determining the eligibility of an

organization shall be whether its membership consists primarily of

milk producers who produce a substantial volume of milk and whether

the primary or overriding interest of the organization is in the

production or processing of fluid milk and dairy products and

promotion of the nutritional attributes of fluid milk and dairy

products.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 114, Nov. 29, 1983, 97 Stat. 1140.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4502, 4503, 4504, 4533 of

this title.

-CITE-

7 USC Sec. 4506 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4506. Requirement of referendum

-STATUTE-

(a) Within the sixty-day period immediately preceding September

30, 1985, the Secretary shall conduct a referendum among producers

who, during a representative period (as determined by the

Secretary), have been engaged in the production of milk for

commercial use for the purpose of ascertaining whether the order

then in effect shall be continued. Such order shall be continued

only if the Secretary determines that it has been approved by not

less than a majority of the producers voting in the referendum, who

during a representative period (as determined by the Secretary)

have been engaged in the production of milk for commercial use. If

continuation of the order is not approved by a majority of the

producers voting in the referendum, the Secretary shall terminate

collection of assessments under the order within six months after

the Secretary determines that such action is favored by a majority

of the producers voting in the referendum and shall terminate the

order in an orderly manner as soon as practicable after such

determination.

(b) The Secretary shall be reimbursed from assessments collected

by the Board for any expenses incurred by the Department in

connection with the conduct of any referendum under this section

and section 4507 of this title, except for the salaries of

Government employees.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 115, Nov. 29, 1983, 97 Stat. 1141.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4502 of this title.

-CITE-

7 USC Sec. 4507 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4507. Suspension and termination of orders

-STATUTE-

(a) Determination by Secretary

After September 30, 1985, the Secretary shall, whenever the

Secretary finds that any order issued under this subchapter or any

provision thereof obstructs or does not tend to effectuate the

declared policy of this subchapter, terminate or suspend the

operation of such order or such provisions thereof.

(b) Referendum

After September 30, 1985, the Secretary may conduct a referendum

at any time, and shall hold a referendum on request of a

representative group comprising 10 per centum or more of the number

of producers and importers subject to the order, to determine

whether the producers and importers favor the termination or

suspension of the order. The Secretary shall suspend or terminate

collection of assessments under the order within six months after

the Secretary determines that suspension or termination of the

order is favored by a majority of the producers voting in the

referendum who, during a representative period (as determined by

the Secretary), have been engaged in the production of milk for

commercial use and importers voting in the referendum (who have

been engaged in the importation of dairy products during the same

representative period, as determined by the Secretary) and shall

terminate the order in an orderly manner as soon as practicable

after such determination.

(c) Action not 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 subchapter.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 116, Nov. 29, 1983, 97 Stat. 1141;

Pub. L. 107-171, title I, Sec. 1505(f), May 13, 2002, 116 Stat.

209.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-171, which directed amendment of

section 116(b) of the Dairy Promotion Stabilization Act of 1983 by

inserting ''and importers'' after ''of producers'' and after

''whether the producers'' in first sentence and inserting ''and

importers voting in the referendum (who have been engaged in the

importation of dairy products during the same representative

period, as determined by the Secretary)'' after ''commercial use''

in second sentence, was executed by making the insertions in

subsec. (b) of this section, section 116 of the Dairy Production

Stabilization Act of 1983, to reflect the probable intent of

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4502, 4506 of this title.

-CITE-

7 USC Sec. 4508 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4508. Cooperative association representation

-STATUTE-

Whenever, under the provisions of this subchapter, the Secretary

is required to determine the approval or disapproval of producers,

the Secretary shall consider the approval or disapproval by any

cooperative association of producers, engaged in a bona fide manner

in marketing milk or the products thereof, as the approval or

disapproval of the producers who are members of or under contract

with such cooperative association of producers. If a cooperative

association of producers elects to vote on behalf of its members,

such cooperative association shall provide each producer, on whose

behalf the cooperative association is expressing approval or

disapproval, a description of the question presented in the

referendum together with a statement of the manner in which the

cooperative association intends to cast its vote on behalf of the

membership. Such information shall inform the producer of

procedures to follow to cast an individual ballot should the

producer so choose within the period of time established by the

Secretary for casting ballots. Such notification shall be made at

least thirty days prior to the referendum and shall include an

official ballot. The ballots shall be tabulated by the Secretary

and the vote of the cooperative association shall be adjusted to

reflect such individual votes.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 117, Nov. 29, 1983, 97 Stat. 1141.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4502 of this title.

-CITE-

7 USC Sec. 4509 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4509. Petition and review

-STATUTE-

(a) Any person subject to any order issued under this subchapter

may file with the Secretary a petition 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 requesting a

modification thereof or an exemption therefrom. The petitioner

shall thereupon be given an opportunity for a hearing on the

petition, in accordance with regulations issued by the Secretary.

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

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 carries on business are

hereby vested with jurisdiction to review such ruling, if 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 on 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. 98-180, title I, Sec. 118, Nov. 29, 1983, 97 Stat. 1142.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4535 of this title.

-CITE-

7 USC Sec. 4510 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4510. Enforcement

-STATUTE-

(a) Restraining order; civil action; minor violation

The 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

under this subchapter. Any civil action authorized to be brought

under this subsection shall be referred to the Attorney General for

appropriate action, except that the Secretary is not required to

refer to the Attorney General minor violations of this subchapter

whenever the Secretary believes that the administration and

enforcement of this subchapter would be adequately served by

suitable written notice or warning to any person committing such

violation.

(b) Civil penalties

Any person who willfully violates any provision of any order

issued by the Secretary under this subchapter shall be assessed a

civil penalty by the Secretary of not more than $1,000 for each

such violation and, in the case of a willful failure to pay,

collect, or remit the assessment as required by the order, in

addition to the amount due, a penalty equal to the amount of the

assessment on the quantity of milk as to which the failure

applies. The amount of any such penalty shall accrue to the United

States and may be recovered in a civil suit brought by the United

States.

(c) Availability of other remedies

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

shall be in addition to, and not exclusive of, other remedies that

may be available.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 119, Nov. 29, 1983, 97 Stat. 1142.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4535 of this title.

-CITE-

7 USC Sec. 4511 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4511. 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 subchapter or to

determine whether any person subject to the provisions of this

subchapter has engaged or is about to engage in any act that

constitutes or will constitute a violation of any provision of this

subchapter or of any order, or rule or regulation issued under this

subchapter. For the purpose of such investigation, the Secretary

may administer oaths and affirmations, subpena witnesses, compel

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

records that 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

records. The court may issue an order requiring such person to

appear before the Secretary to produce records 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. Process in any such case may be served in the judicial

district in which such person is an inhabitant or wherever such

person may be found.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 120, Nov. 29, 1983, 97 Stat. 1143.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4535 of this title.

-CITE-

7 USC Sec. 4512 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4512. Administrative provisions

-STATUTE-

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

supersede any other program relating to dairy product promotion

organized and operated under the laws of the United States or any

State.

(b) The provisions of this subchapter applicable to orders shall

be applicable to amendments to orders.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 121, Nov. 29, 1983, 97 Stat. 1143.)

-CITE-

7 USC Sec. 4513 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4513. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such funds as are

necessary to carry out the provisions of this subchapter. The

funds so appropriated shall not be available for payment of the

expenses or expenditures of the Board in administering any

provisions of any order issued under the terms of this subchapter.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 122, Nov. 29, 1983, 97 Stat. 1143.)

-CITE-

7 USC Sec. 4514 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER I - DAIRY PROMOTION PROGRAM

-HEAD-

Sec. 4514. Dairy reports

-STATUTE-

The Secretary of Agriculture shall submit to the House Committee

on Agriculture and the Senate Committee on Agriculture, Nutrition,

and Forestry the following reports:

(1) Not later than July 1, 1984, a report on the effect of

applying, nationally, standards similar to the current California

standards for fluid milk products in their final consumer form,

as they would relate to -

(A) consumer acceptance, overall consumer consumption trends,

and total per capita consumption;

(B) nutritional augmentation, particularly for young and

older Americans;

(C) implementing improved interagency enforcement of minimum

standards to prevent consumer fraud and deception;

(D) multiple component pricing for producer milk;

(E) reduced Commodity Credit Corporation purchases;

(F) consistency of product quality throughout the year and

between marketing regions of the United States; and

(G) consumer prices.

(2) Not later than December 31, 1984, a report on (A)

recommendations for changes in the application of the parity

formula to milk so as to make the formula more consistent with

modern production methods and with special attention to the cost

of producing milk as a result of changes in productivity, and (B)

the feasibility of imposing a limitation on the total amount of

payments and other assistance a producer of milk may receive

during a year under section 1446(d) of this title.

(3) Not later than April 15, 1985, a report on the

effectiveness of the paid diversion program carried out under

section 1446(d) of this title.

(4) Not later than July 1, 1985, and July 1 of each year after

the date of enactment of this title, (FOOTNOTE 1) an annual

report describing activities conducted under the dairy products

promotion and research order issued under this subchapter, and

accounting for the receipt and disbursement of all funds received

by the National Dairy Promotion and Research Board under such

order including an independent analysis of the effectiveness of

the program.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 98-180, title III, Sec. 301, Nov. 29, 1983, 97 Stat.

1150.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this title, referred to in par. (4),

means the date of enactment of title III of Pub. L. 98-180, which

was approved Nov. 29, 1983.

-COD-

CODIFICATION

Section was enacted as part of Pub. L. 98-180, known as the Dairy

and Tobacco Adjustment Act of 1983, and not as part of title I of

Pub. L. 98-180, known as the Dairy Production Stabilization Act of

1983, subtitle B of which comprises this subchapter.

-CITE-

7 USC SUBCHAPTER II - DAIRY RESEARCH PROGRAM 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

.

-HEAD-

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-CITE-

7 USC Sec. 4531 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-

Sec. 4531. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term ''board'' means the board of trustees of the

Institute;

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

Agriculture;

(3) the term ''dairy products'' means manufactured products

that are derived from the processing of milk, and includes fluid

milk products;

(4) the term ''fluid milk products'' means those milk products

normally consumed in liquid form as a beverage;

(5) the term ''Fund'' means the Dairy Research Trust Fund

established by section 4536 of this title;

(6) the term ''Institute'' means the National Dairy Research

Endowment Institute established by section 4532 of this title;

(7) the term ''milk'' means any class of cow's milk marketed in

the United States;

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

individuals, partnership, corporation, association, cooperative,

or any other entity;

(9) the term ''producer'' means any person engaged in the

production of milk for commercial use;

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

effectiveness of market development and promotion efforts,

studies relating to the nutritional value of milk and dairy

products, and other related efforts to expand demand for milk and

dairy products;

(11) the term ''Secretary'' means the Secretary of Agriculture

unless the context specifies otherwise; and

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

the territories and possessions of the United States, except that

for purposes of sections 4532, 4534(a), and 4537 of this title,

and paragraph (7) of this section, such term means the

forty-eight contiguous States in the continental United States.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 130, as added Pub. L. 99-198, title

I, Sec. 121, Dec. 23, 1985, 99 Stat. 1367.)

-CITE-

7 USC Sec. 4532 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-

Sec. 4532. Establishment of National Dairy Research Endowment

Institute

-STATUTE-

The Secretary of Agriculture may establish in the Department of

Agriculture a National Dairy Research Endowment Institute whose

function shall be to aid the dairy industry through the

implementation of the dairy products research order, which its

board of trustees shall administer, and the use of monies made

available to its board of trustees from the Dairy Research Trust

Fund to implement the order. In implementing the order, the

Institute shall provide a permanent system for funding scientific

research activities designed to facilitate the expansion of markets

for milk and dairy products marketed in the United States. The

Institute shall be headed by a board of trustees composed of the

members of the National Dairy Promotion and Research Board. The

board may appoint from among its members an executive committee

whose membership shall reflect equally each of the different

regions in the United States in which milk is produced. The

executive committee shall have such duties and powers as are

delegated to it by the board. The members of the board shall serve

without compensation. While away from their homes or regular

places of business in the performance of services for the board,

members of the board shall be allowed reasonable travel expenses,

including a per diem allowance in lieu of subsistence, as

recommended by the board and approved by the Secretary, except that

there shall be no duplication of payment for such expenses.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 131, as added Pub. L. 99-198, title

I, Sec. 121, Dec. 23, 1985, 99 Stat. 1368.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4531, 4536 of this title.

-CITE-

7 USC Sec. 4533 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-

Sec. 4533. Issuance of order

-STATUTE-

(a) Publication in Federal Register; public comment; submission

After receipt of a proposed dairy products research order, the

Secretary may publish such proposed order in the Federal Register

and shall give notice and reasonable opportunity for public comment

on such proposed order. Such proposed order may be submitted by an

organization certified under section 4505 of this title or by any

interested person affected by the provisions of subchapter I of

this chapter.

(b) Effective date of order

After the Secretary provides for such publication and a

reasonable opportunity for a hearing under subsection (a) of this

section, the Secretary may issue the dairy products research

order. The order so issued shall become effective not later than

90 days after publication in the Federal Register of the order.

(c) Amendment of order

The Secretary may amend, from time to time, the dairy products

research order issued under subsection (b) of this section.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 132, as added Pub. L. 99-198, title

I, Sec. 121, Dec. 23, 1985, 99 Stat. 1369.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4534, 4535, 4536, 4538 of

this title.

-CITE-

7 USC Sec. 4534 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-

Sec. 4534. Required terms of order; agreements under order; records

-STATUTE-

(a) Required terms

The dairy products research order issued under section 4533(b) of

this title shall -

(1) provide for the establishment and administration, by the

Institute, of appropriate scientific research activities designed

to facilitate the expansion of markets for dairy products

marketed in the United States;

(2) specify the powers of the board, including the powers to -

(A) receive and evaluate, or on its own initiative develop

and budget for, research plans or projects designed to -

(i) increase the knowledge of human nutritional needs and

the relationship of milk and dairy products to these needs;

(ii) improve dairy processing technologies, particularly

those appropriate to small- and medium-sized family farms;

(iii) develop new dairy products; and

(iv) appraise the effect of such research on the marketing

of dairy products;

(B) make recommendations to the Secretary regarding such

plans and projects;

(C) administer the order in accordance with its terms and

provisions;

(D) make rules and regulations to effectuate the terms and

provisions of the order;

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

complaints of violations of the order;

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

(G) enter into agreements, with the approval of the

Secretary, for the conduct of activities authorized under the

order and for payment of the cost of such activities with any

monies in the Fund other than monies appropriated or

transferred by the Secretary to the Fund;

(H) with the approval of the Secretary, establish advisory

committees composed of individuals other than members of the

board, and pay the necessary and reasonable expenses and fees

of the members of such committees; and

(I) with the approval of the Secretary, appoint or employ

such persons, other than members of the board, as the board

deems necessary and define the duties and determine the

compensation of each;

(3) specify the duties of the board, including the duties to -

(A) develop, and submit to the Secretary for approval before

implementation, any research plan or project to be carried out

under this subchapter;

(B) submit to the Secretary for approval, budgets, on a

fiscal year basis, of the board's anticipated expenses and

disbursements in the administration of the order, including

projected costs of carrying out dairy products research plans

and projects;

(C) prepare and make public, at least annually, a report of

the board's activities and an accounting for funds received and

expended by the board;

(D) maintain such books and records (which shall be available

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

prescribe;

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

such reports as the Secretary may prescribe; and

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

entrusted to the board;

(4) prohibit any monies received under this subchapter by the

board to be used in any manner for the purpose of influencing

governmental policy or actions, except as provided in paragraph

(2)(F); and

(5) require that each person receiving milk from producers for

commercial use and any person marketing milk of that person's own

production directly to consumers maintain and make available for

inspection by the Secretary such books and records as may be

required by the order and file with the Secretary reports at the

time, in the manner, and having the content prescribed by the

order.

(b) Agreements under order

Any agreement made under subsection (a)(2)(G) of this section

shall provide that -

(1) the person with whom such agreement is made shall develop

and submit to the board a research plan or project together with

a budget that shows estimated costs to be incurred to carry out

such plan or project;

(2) such plan or project shall become effective on the approval

of the Secretary; and

(3) such person shall keep accurate records of all of its

transactions, account for funds received and expended, make

periodic reports to the board of activities conducted to carry

out such plan or project, and submit such other reports as the

Secretary or the board may require.

(c) Confidentiality of records; disclosure exceptions; penalty for

violation

(1) Information, books, and records made available to, and

reports filed with, the Secretary under subsection (a)(6) of this

section shall be kept confidential by all officers and employees of

the Department, except that such information, books, records, and

reports as the Secretary deems relevant may be disclosed by such

officers and employees in any suit or administrative proceeding

that is brought at the request of the Secretary or to which the

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

involves the order issued under section 4533(b) of this title.

(2) Paragraph (1) shall not be construed to prohibit -

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

information, books, records, and reports, of the number of

persons subject to the order or of statistical data collected

from such persons if such statements do not specifically identify

the data furnished by any one of such persons; or

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

name of any person violating the order, together with a statement

of the particular provisions of the order violated by the person.

(3) No information obtained under the authority of this section

may be made available to any agency, officer, or employee of the

United States for any purpose other than the implementation of this

subchapter and any investigatory or enforcement action necessary to

implement this subchapter. Any person who violates this paragraph

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

imprisonment for not more than one year, or both, and, if such

person is employed by the board or the Department, shall be

terminated from such employment.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 133, as added Pub. L. 99-198, title

I, Sec. 121, Dec. 23, 1985, 99 Stat. 1369.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4531 of this title.

-CITE-

7 USC Sec. 4535 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-

Sec. 4535. Petition and review; enforcement; investigations

-STATUTE-

The provisions of sections 4509, 4510, and 4511 of this title

shall apply, except when inconsistent with this subchapter, to the

Institute, the board, the persons subject to the order issued under

section 4533(b) of this title, the jurisdiction of district courts

of the United States, and the authority of the Secretary under this

subchapter in the same manner as such sections apply with respect

to subchapter I of this chapter.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 134, as added Pub. L. 99-198, title

I, Sec. 121, Dec. 23, 1985, 99 Stat. 1371.)

-CITE-

7 USC Sec. 4536 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-

Sec. 4536. Dairy Research Trust Fund

-STATUTE-

(a) Establishment

There may be established in the Treasury of the United States a

trust fund to be known as the ''Dairy Research Trust Fund'' if the

Institute is established under section 4532 of this title and a

dairy products research order issued under section 4533 of this

title is effective during such fiscal year.

(b) Authorization of appropriations; transfer of moneys;

investments

(1) There is authorized to be appropriated to the Fund or

transferred from moneys available to the Commodity Credit

Corporation for deposit in the Fund, $100,000,000.

(2) Moneys deposited in the Fund under paragraph (1) shall be

invested by the Secretary of the Treasury in obligations of the

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

State or any political subdivision thereof, in any interest-bearing

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

Federal Reserve System, or in obligations fully guaranteed as to

principal and interest by the United States. Interest, dividends,

and other payments that accrue from such investments shall be

deposited in the Fund and also shall be so invested, subject to

subsection (c) of this section.

(c) Availability of moneys for authorized and approved activities

Moneys in the Fund, other than moneys appropriated or transferred

under paragraph (1) of subsection (b) of this section, shall be

available to the board, in such amounts, and for such activities

authorized by this subchapter, as the Secretary may approve.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 135, as added Pub. L. 99-198, title

I, Sec. 121, Dec. 23, 1985, 99 Stat. 1371.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4531 of this title.

-CITE-

7 USC Sec. 4537 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-

Sec. 4537. Termination of order, Institute, and Fund

-STATUTE-

(a) Termination or suspension of order

The Secretary, whenever the Secretary finds that the order issued

under this subchapter or any provision of such order obstructs or

does not tend to facilitate the expansion of markets for milk and

dairy products marketed in the United States, shall terminate or

suspend the operation of the order or such provision.

(b) Dissolution of Institute

If the Secretary terminates the order, the Institute shall be

dissolved 180 days after the termination of the order.

(c) Disposal of moneys in Fund

If the Institute is dissolved for any reason, the moneys

remaining in the Fund shall be disposed of as shall be agreed to by

the board and the Secretary.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 136, as added Pub. L. 99-198, title

I, Sec. 121, Dec. 23, 1985, 99 Stat. 1371.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4531 of this title.

-CITE-

7 USC Sec. 4538 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 76 - DAIRY RESEARCH AND PROMOTION

SUBCHAPTER II - DAIRY RESEARCH PROGRAM

-HEAD-

Sec. 4538. Additional authority

-STATUTE-

(a) No provision of this subchapter shall be construed to preempt

or supersede any other program relating to milk or dairy products

research organized and operated under the laws of the United States

or any State.

(b) The provisions of this subchapter applicable to the order

issued under section 4533(b) of this title shall be applicable to

any amendment to the order.

-SOURCE-

(Pub. L. 98-180, title I, Sec. 137, as added Pub. L. 99-198, title

I, Sec. 121, Dec. 23, 1985, 99 Stat. 1372.)

-CITE-