-CITE-

7 USC CHAPTER 79 - PORK PROMOTION, RESEARCH, AND

CONSUMER INFORMATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

.

-HEAD-

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-MISC1-

Sec.

4801. Congressional findings and declaration of purpose.

4802. Definitions.

4803. Pork and pork product orders.

4804. Notice and hearing.

4805. Findings and issuance of orders.

(a) Necessary findings.

(b) Number of orders in effect at a time.

(c) Effective date.

(d) Terms and conditions.

4806. National Pork Producers Delegate Body.

(a) Establishment and appointment.

(b) Membership; number of producer members; number of

importer members.

(c) Voting; quorum; votes necessary for decision.

(d) Term of office.

(e) Chairman.

(f) Compensation.

(g) Nomination of members to National Pork Board;

annual meeting; majority vote in person to

nominate.

(h) Duties and functions.

4807. Selection of Delegate Body.

(a) Nominations.

(b) Election; eligibility to vote; notice of

election; number of members nominated.

(c) Subsequent nominations and elections to be

administered by Board; time of election; voting

eligibility.

(d) Nominating committee; appointment; nomination to

fill position for pending election.

4808. National Pork Board.

4809. Assessments.

(a) Collection and remission to Board; persons

required to pay.

(b) Rate of assessment; increase; waiver of

collection of assessment.

(c) Distribution and use.

(d) Prohibited promotions.

(e) Influencing legislation prohibited.

(f) Maintenance of books and records; audits.

(g) Investment by Board of funds collected.

4810. Permissive provisions.

(a) Recordkeeping and reporting requirements;

incidental and necessary terms and conditions.

(b) Availability of information to Secretary and

Board; confidentiality; disclosure; issuance of

general statement, statistical data, or name of

violator of order.

(c) Penalty for willful violations.

4811. Referendum.

(a) Continuation of order.

(b) Factors determining continuation; termination of

order.

(c) Reimbursement for cost.

(d) Manner of conducting.

(e) Amendment of initial order.

4812. Suspension and termination of orders.

(a) Authority of Secretary.

(b) Referendum to terminate or suspend; eligible

voters; requirements for approval; termination

or suspension date; one referendum within

2-year period.

(c) Termination or suspension not to be considered an

order.

4813. Refunds.

(a) Demand for refund; persons eligible.

(b) Form and time within which demand to be made.

(c) Payment of refund on submission of satisfactory

proof.

4814. Petition and review.

4815. Enforcement.

(a) Jurisdiction of district court; referral of civil

actions to Attorney General.

(b) Penalties for willful violations; issuance of

cease-and-desist orders; judicial review of

orders; penalty for failure to obey

cease-and-desist order.

(c) Availability of additional remedies.

4816. Investigations.

(a) Purposes.

(b) Oaths and affirmations; subpenas.

(c) Judicial enforcement; contempt proceedings;

service of process.

4817. Preemption.

(a) Promotion and consumer education; funds from pork

producers.

(b) Additional or different State regulation

prohibited.

(c) Application of section.

4818. Administrative provision.

4819. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

-CITE-

7 USC Sec. 4801 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4801. Congressional findings and declaration of purpose

-STATUTE-

(a) Congress finds that -

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

and healthy part of the human diet;

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

significant role in the economy of the United States because pork

and pork products are -

(A) produced by thousands of producers, including many small-

and medium-sized producers; and

(B) consumed by millions of people throughout the United

States on a daily basis;

(3) pork and pork products must be available readily and

marketed efficiently to ensure that the people of the United

States receive adequate nourishment;

(4) the maintenance and expansion of existing markets, and

development of new markets, for pork and pork products are vital

to -

(A) the welfare of pork producers and persons concerned with

producing and marketing pork and pork products; and

(B) the general economy of the United States;

(5) pork and pork products move in interstate and foreign

commerce;

(6) pork and pork products that do not move in such channels of

commerce directly burden or affect interstate commerce in pork

and pork products; and

(7) in recent years, increasing quantities of low-cost,

imported pork and pork products have been brought into the United

States and replaced domestic pork and pork products in normal

channels of trade.

(b)(1) It is the purpose of this chapter to authorize the

establishment of an orderly procedure for financing, through

adequate assessments, and carrying out an effective and coordinated

program of promotion, research, and consumer information designed

to -

(A) strengthen the position of the pork industry in the

marketplace; and

(B) maintain, develop, and expand markets for pork and pork

products.

(2) Such procedure shall be implemented, and such program shall

be conducted, at no cost to the Federal Government.

(3) Nothing in this chapter may be construed to -

(A) permit or require the imposition of quality standards for

pork or pork products;

(B) provide for control of the production of pork or pork

products; or

(C) otherwise limit the right of an individual pork producer to

produce pork and pork products.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1612, Dec. 23, 1985, 99 Stat.

1607.)

-MISC1-

EFFECTIVE DATE

Section 1631 of Pub. L. 99-198 provided that: ''This subtitle

(subtitle B (Sec. 1611-1631) of title XVI of Pub. L. 99-198,

enacting this chapter) shall become effective on January 1, 1986.''

SHORT TITLE

Section 1611 of Pub. L. 99-198 provided that: ''This subtitle

(subtitle B (Sec. 1611-1631) of title XVI of Pub. L. 99-198,

enacting this chapter) may be cited as the 'Pork Promotion,

Research, and Consumer Information Act of 1985'.''

-CITE-

7 USC Sec. 4802 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4802. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term ''Board'' means the National Pork Board

established under section 4808 of this title.

(2) The term ''consumer information'' means an activity

intended to broaden the understanding of sound nutritional

attributes of pork or pork products, including the role of pork

or pork products in a balanced, healthy diet.

(3) The term ''Delegate Body'' means the National Pork

Producers Delegate Body established under section 4806 of this

title.

(4) The term ''imported'' means entered, or withdrawn from a

warehouse for consumption, in the customs territory of the United

States.

(5) The term ''importer'' means a person who imports porcine

animals, pork, or pork products into the United States.

(6) The term ''order'' means a pork and pork products

promotion, research, and consumer information order issued under

section 4803 of this title.

(7) The term ''person'' means an individual, group of

individuals, partnership, corporation, association, organization,

cooperative, or other entity.

(8) The term ''porcine animal'' means a swine raised for -

(A) feeder pigs;

(B) seedstock; or

(C) slaughter.

(9) The term ''pork'' means the flesh of a porcine animal.

(10) The term ''pork product'' means a product produced or

processed in whole or in part from pork.

(11) The term ''producer'' means a person who produces porcine

animals in the United States for sale in commerce.

(12) The term ''promotion'' means an action, including paid

advertising, taken to present a favorable image for porcine

animals, pork, or pork products to the public with the intent of

improving the competitive position and stimulating sales of

porcine animals, pork, or pork products.

(13) The term ''research'' means -

(A) research designed to advance, expand, or improve the

image, desirability, nutritional value, usage, marketability,

production, or quality of porcine animals, pork, or pork

products; or

(B) dissemination to a person of the results of such

research.

(14) The term ''Secretary'' means the Secretary of Agriculture.

(15) The term ''State'' means each of the 50 States.

(16) The term ''State association'' means -

(A) the single organization of pork producers in a State that

is -

(i) organized under the laws of the State in which such

association operates; and

(ii) recognized by the chief executive officer of such

State as representing the pork producers of such State; or

(B) if such organization does not exist on January 1, 1986,

an organization that represents not fewer than 50 pork

producers who market annually, in the aggregate, not less than

10 percent of the volume (measured in pounds) of porcine

animals marketed in such State.

(17) The term ''to market'' means to sell or to otherwise

dispose of a porcine animal, pork, or pork product in commerce.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1613, Dec. 23, 1985, 99 Stat.

1607.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4809 of this title.

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7 USC Sec. 4803 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4803. Pork and pork product orders

-STATUTE-

(a) To carry out this chapter, the Secretary shall, in accordance

with this chapter, issue and, from time to time, amend orders

applicable to persons engaged in -

(1) the production and sale of porcine animals, pork, and pork

products in the United States; and

(2) the importation of porcine animals, pork, or pork products

into the United States.

(b) The Secretary may issue such regulations as are necessary to

carry out this chapter.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1614, Dec. 23, 1985, 99 Stat.

1609.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4802 of this title.

-CITE-

7 USC Sec. 4804 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4804. Notice and hearing

-STATUTE-

During the period beginning on January 1, 1986, and ending 30

days after receipt of a proposal for an initial order submitted by

any person affected by this chapter, the Secretary shall -

(1) publish such proposed order; and

(2) give due notice of and opportunity for public comment on

such proposed order.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1615, Dec. 23, 1985, 99 Stat.

1609.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4805 of this title.

-CITE-

7 USC Sec. 4805 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4805. Findings and issuance of orders

-STATUTE-

(a) Necessary findings

After notice and opportunity for public comment have been

provided in accordance with section 4804 of this title, the

Secretary shall issue and publish an order if the Secretary finds,

and sets forth in such order, that the issuance of such order and

all terms and conditions thereof will assist in carrying out this

chapter.

(b) Number of orders in effect at a time

Not more than one order may be in effect at a time.

(c) Effective date

An order shall become effective on a date that is not more than

90 days following the publication of such order.

(d) Terms and conditions

An order shall contain such terms and conditions as are required

in sections 4806 through 4809 of this title and, except as provided

in section 4810 of this title, no others.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1616, Dec. 23, 1985, 99 Stat.

1609.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4809 of this title.

-CITE-

7 USC Sec. 4806 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4806. National Pork Producers Delegate Body

-STATUTE-

(a) Establishment and appointment

The order shall provide for the establishment and appointment by

the Secretary, not later than 60 days after the effective date of

such order, of a National Pork Producers Delegate Body.

(b) Membership; number of producer members; number of importer

members

(1) The Delegate Body shall consist of -

(A) producers, as appointed by the Secretary in accordance with

paragraph (2), from nominees submitted as follows:

(i) in the case of the initial Delegate Body appointed by

each State in accordance with section 4807 of this title.

(ii) in the case of each succeeding Delegate Body, each State

association shall submit nominations selected by such

association pursuant to a selection process that -

(I) is approved by the Secretary;

(II) requires public notice of the process to be given at

least one week in advance by publication in a newspaper or

newspaper of general circulation in such State and in pork

production and agriculture trade publications; and

(III) that provides complete and equal access to the

nominating process to every producer who has paid all

assessments due under section 4809 of this title and not

demanded a refund under section 4813 of this title,

or pursuant to an election of nominees conducted in accordance

with section 4807 of this title.

(iii) In the case of a State that has a State association

that does not submit nominations or that does not have a State

association, such State shall submit nominations in a manner

prescribed by the Secretary; and

(B) importers, as appointed by the Secretary in accordance with

paragraph (3).

(2) The number of producer members appointed to the Delegate Body

from each State shall equal at least two members, and additional

members, allocated as follows:

(A) Shares shall be assigned to each State -

(i) for the 1986 calendar year, on the basis of one share for

each $400,000 of farm market value of porcine animals marketed

from such State (as determined by the Secretary based on the

annual average of farm market value in the most recent 3

calendar years preceding such year), rounded to the nearest

$400,000; and

(ii) for each calendar year thereafter, on the basis of one

share for each $1,000 of the aggregate amount of assessments

collected (minus refunds under section 4813 of this title) in

such State from persons described in section 4809(a)(1)(A) and

(B) of this title, rounded to the nearest $1,000.

(B) If during a calendar year the number of such shares of a

State is -

(i) less than 301, the State shall receive a total of two

producer members;

(ii) more than 300 but less than 601, the State shall receive

a total of three producer members;

(iii) more than 600 but less than 1,001, the State shall

receive a total of four producer members; and

(iv) more than 1,000, the State shall receive four producer

members, plus one additional member for each 300 additional

shares in excess of 1,000 shares, rounded to the nearest 300.

(3) The number of importer members appointed to the Delegate Body

shall be determined as follows:

(A) Shares shall be assigned to importers -

(i) for the 1986 calendar year, on the basis of one share for

each $575,000 of market value of marketed porcine animals,

pork, or pork products (as determined by the Secretary based on

the annual average of imports in the most recent 3 calendar

years preceding such year), rounded to the nearest $575,000;

and

(ii) for each calendar year thereafter, on the basis of one

share for each $1,000 of the aggregate amount of assessments

collected (minus refunds under section 4813 of this title) from

importers, rounded to the nearest $1,000.

(B) The number of importer members appointed to the Delegate

Body shall equal a total of -

(i) three members for the first 1,000 such shares; and

(ii) one additional member for each 300 additional shares in

excess of 1,000 shares, rounded to the nearest 300.

(c) Voting; quorum; votes necessary for decision

(1) A producer member of the Delegate Body may, in a vote

conducted by the Delegate Body for which the member is present,

cast a number of votes equal to -

(A) the number of shares attributable to the State of the

member; divided by

(B) the number of producer members from such State.

(2) An importer member of the Delegate Body may, in a vote

conducted by the Delegate Body for which the member is present,

cast a number of votes equal to -

(A) the number of shares allocated to importers; divided by

(B) the number of importer members.

(3) Members entitled to cast a majority of the votes (including

fractions thereof) on the Delegate Body shall constitute a quorum.

(4) A majority of the votes (including fractions thereof) cast at

a meeting at which a quorum is present shall be decisive of a

motion or election presented to the Delegate Body for a vote.

(d) Term of office

A member of the Delegate Body shall serve for a term of 1 year,

except that the term of a member of the Delegate Body shall

continue until the successor of such member, if any, is appointed

in accordance with subsection (b)(1) of this section.

(e) Chairman

(1) At the first annual meeting, the Delegate Body shall select a

Chairman by a majority vote.

(2) At each annual meeting thereafter, the President of the Board

shall serve as the Chairman of the Delegate Body.

(f) Compensation

A member of the Delegate Body shall serve without compensation,

but may be reimbursed by the Board from assessments collected under

section 4809 of this title for transportation expenses incurred in

performing duties as a member of the Delegate Body.

(g) Nomination of members to National Pork Board; annual meeting;

majority vote in person to nominate

(1) The Delegate Body shall -

(A) nominate -

(i) not less than 23 persons for appointment to the Board,

for the first year for which nominations are made; and

(ii) not less than 1 1/2 persons (rounded up to the nearest

person) for each vacancy in the Board that requires nominations

thereafter; and

(B) submit such nominations to the Secretary.

(2) The Delegate Body shall meet annually to make such

nominations.

(3) A majority of the Delegate Body shall vote in person in order

to nominate members to the Board.

(h) Duties and functions

The Delegate Body shall -

(1) recommend the rate of assessment prescribed by the initial

order and any increase in such rate pursuant to section 4809(5)

(FOOTNOTE 1) of this title, and

(FOOTNOTE 1) So in original. Probably should be section

''4809(b)''.

(2) determine the percentage of the aggregate amount of

assessments collected in a State that each State association

shall receive under section 4809(c)(1) of this title.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1617, Dec. 23, 1985, 99 Stat.

1609.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4802, 4805, 4807, 4808 of

this title.

-CITE-

7 USC Sec. 4807 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4807. Selection of Delegate Body

-STATUTE-

(a) Nominations

(1) Not later than 30 days after the effective date of the order,

the Secretary shall call for the nomination within each State of

candidates for appointment as producer members of the initial

Delegate Body.

(2) Each State association may nominate producers who are

residents of such State to serve as such candidates.

(3)(A) (FOOTNOTE 1) Additional producers who are residents of a

State may be nominated as candidates of such State by written

petition signed by 100 producers or 5 percent of the pork producers

in such State, whichever is less. The Secretary shall establish

and publicize the procedures governing the time and place for

filing petitions.

(FOOTNOTE 1) So in original. No subpar. (B) has been enacted.

(b) Election; eligibility to vote; notice of election; number of

members nominated

(1) After the Secretary has received the nominations required

under subsection (a) of this section and not later than 45 days

after the effective date of the order, the Secretary shall call for

an election within each State of persons for appointment as

producer members of the initial Delegate Body.

(2) To be eligible to vote in an election held in a State, a

person must be a producer who is a resident of such State.

(3)(A) Notice of each such election shall be given by the

Secretary -

(i) by publication in a newspaper or newspapers of general

circulation in each State, and in pork production and agriculture

trade publications, at least 1 week prior to the election; and

(ii) in any other reasonable manner determined by the

Secretary.

(B) The notice shall set forth the period of time and places for

voting and such other information as the Secretary considers

necessary.

(4) Each State shall nominate to the Delegate Body the number of

producer members required under section 4806(b)(2)(B) of this

title.

(5) The producers who receive the highest number of votes in each

State shall be nominated for appointment as members of the Delegate

Body from such State.

(c) Subsequent nominations and elections to be administered by

Board; time of election; voting eligibility

(1) Except as provided in paragraph (3), after the election of

the producer members of the initial Delegate Body, the Board shall

administer all subsequent nominations and elections of the producer

members to be nominated for appointment as members of the Delegate

Body, with the assistance of the Secretary and in accordance with

subsections (a)(3) and (b) of this section.

(2) The Board shall determine the timing of an election referred

to in paragraph (1).

(3) To be eligible to vote in such an election in a State, a

person must -

(A) be a producer who is a resident of such State;

(B) have paid all assessments due under section 4809 of this

title; and

(C) not demanded a refund of an assessment under section 4813

of this title.

(d) Nominating committee; appointment; nomination to fill position

for pending election

(1) Prior to the expiration of the term of any producer member of

the Delegate Body, the Board shall appoint a nominating committee

of producers who are residents of the State represented by such

member.

(2) Such committee shall nominate producers of such State as

candidates to fill the position for which an election is to be

held.

(3) Additional producers who are residents of a State may be

nominated to fill such positions in accordance with subsection

(a)(3) of this section.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1618, Dec. 23, 1985, 99 Stat.

1611.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4805, 4806 of this title.

-CITE-

7 USC Sec. 4808 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4808. National Pork Board

-STATUTE-

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

appointment by the Secretary of a 15-member National Pork Board.

(2) (FOOTNOTE 1) The Board shall consist of producers

representing at least 12 States and importers appointed by the

Secretary from nominations submitted under section 4806(g) of this

title .

(FOOTNOTE 1) So in original. Two pars. (2) have been enacted.

(2) (FOOTNOTE 1) The Board shall consist of producers or

importers appointed by the Secretary from nominations submitted

under section 4806(g) of this title.

(3) A member of the Board shall serve for a 3-year term, with no

such member serving more than two consecutive 3-year terms, except

that initial appointments to the Board shall be staggered with an

equal number of members appointed, to the maximum extent possible,

to 1-year, 2-year, and 3-year terms, except that the term of a

member of the Board shall continue until the successor of such

member, if any, is appointed in accordance with paragraph (2).

(4) The Board shall select its President by a majority vote.

(5)(A) A majority of the members of the Board shall constitute a

quorum at a meeting of the Board.

(B) A majority of votes cast at a meeting at which a quorum is

present shall determine a motion or election.

(6) A member of the Board shall serve without compensation, but

shall be reimbursed by the Board from assessments collected under

section 4809 of this title for reasonable expenses incurred in

performing duties as a member of the Board.

(b)(1) The Board shall -

(A) develop, at the initiative of the Board or other person,

proposals for promotion, research, and consumer information plans

and projects;

(B) submit such plans and projects to the Secretary for

approval;

(C) administer the order, in accordance with the order and this

chapter;

(D) prescribe such rules as are necessary to carry out such

order;

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

complaints of violations of such order;

(F) make recommendations to the Secretary with respect to

amendments to such order; and

(G) employ a staff and conduct routine business.

(2) The Board shall prepare and submit to the Secretary, for the

approval of the Secretary, a budget for each fiscal year of

anticipated expenses and disbursements of the Board in the

administration of the order, including the projected cost of -

(A) any promotion, research or consumer information plan or

project to be conducted by the Board directly or by way of

contract or agreement; and

(B) the budgets, plans, or projects for which State

associations are to receive funds pursuant to section 4809(c)(1)

of this title.

(3) No plan, project, or budget referred to in paragraph (1) or

(2) may become effective unless approved by the Secretary.

(4)(A) The Board, with the approval of the Secretary, may enter

into contracts or agreements with a person for -

(i) the development and conduct of activities authorized under

an order; and

(ii) the payment of the cost thereof with funds collected

through assessments under such order.

(B) Such contract or agreement shall require that -

(i) the contracting party develop and submit to the Board a

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

the estimated cost to be incurred under such plan or project;

(ii) such plan or project become effective on the approval of

the Secretary; and

(iii) the contracting party -

(I) keep accurate records of all relevant transactions of the

party;

(II) make periodic reports to the Board of -

(aa) relevant activities the party has conducted; and

(bb) an accounting for funds received and expended under

such contract; and

(III) make such other reports as the Secretary or Board may

require.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1619, Dec. 23, 1985, 99 Stat.

1612.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4802, 4805, 4809 of this

title.

-CITE-

7 USC Sec. 4809 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4809. Assessments

-STATUTE-

(a) Collection and remission to Board; persons required to pay

(1) The order shall provide that, not later than 30 days after

the effective date of the order under section 4805(c) of this title

an assessment shall be paid, in the manner prescribed in the

order. Upon the appointment of the Board, the assessments held in

escrow shall be distributed to the Board. Except as provided in

paragraph (3), assessments shall be payable by -

(A) each producer for each porcine animal described in

subparagraph (A) or (C) of section 4802(8) of this title produced

in the United States that is sold or slaughtered for sale;

(B) each producer for each porcine animal described in

subsection (FOOTNOTE 1) 4802(8)(B) of this title that is sold;

and

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

(C) each importer for each porcine animal, pork, or pork

product that is imported into the United States.

(2) Such assessment shall be collected and remitted to the Board

once it is appointed pursuant to section 4808 of this title, but,

until that time, to the Secretary, who shall promptly proceed to

distribute the funds received by him in accordance with the

provisions of subsection (c) of this section, except that the

Secretary shall retain the funds to be received by the Board until

such time as the Board is appointed pursuant to section 4808 of

this title, by -

(A) in the case of subparagraph (A) of paragraph (1), the

purchaser of the porcine animal referred to in such subparagraph;

(B) in the case of subparagraph (B) of paragraph (1), the

producer of the porcine animal referred to in such subparagraph;

and

(C) in the case of subparagraph (C) of paragraph (1), the

importer referred to in such subparagraph.

(3) A person is not required to pay an assessment for a porcine

animal, pork, or pork product under paragraph (1) if such person

proves to the Board that an assessment was paid previously under

such paragraph by a person for such porcine animal (of the same

category described in subparagraph (A), (B), or (C) of section

4802(8) of this title), pork, or pork product.

(b) Rate of assessment; increase; waiver of collection of

assessment

(1) Except as provided in paragraph (2), the rate of assessment

prescribed by the initial order shall be the lesser of -

(A) 0.25 percent of the market value of the porcine animal,

pork, or pork product sold or imported; or

(B) an amount established by the Secretary based on a

recommendation of the Delegate Body.

(2) Except as provided in paragraph (3), the rate of assessment

in the initial order may be increased by not more than 0.1 percent

per year on recommendation of the Delegate Body.

(3) The rate of assessment may not exceed 0.50 percent of such

market value unless -

(A) after the initial referendum required under section 4811(a)

of this title, the Delegate Body recommends an increase in such

rate above 0.50 percent; and

(B) such increase is approved in a referendum conducted under

section 4811(b) of this title.

(4)(A) Pork or pork products imported into the United States

shall be assessed based on the equivalent value of the live porcine

animal from which such pork or pork products were produced, as

determined by the Secretary.

(B) The Secretary may waive the collection of assessments on a

type of such imported pork or pork products if the Secretary

determines that such collection is not practicable.

(c) Distribution and use

Funds collected by the Board from assessments collected under

this section shall be distributed and used in the following manner:

(1)(A) Each State association, shall receive an amount of funds

equal to the product obtained by multiplying -

(i) the aggregate amount of assessments attributable to

porcine animals produced in such State by persons described in

subsection (a)(1)(A) and (B) of this section minus that State's

share of refunds determined pursuant to paragraph (4) by such

persons pursuant to section 4813 of this title; and

(ii) a percentage applicable to such State association

determined by the Delegate Body, but in no event less than

sixteen and one-half percent, or

(B) in the case of a State association that was conducting a

pork promotion program in the period from July 1, 1984, to June

30, 1985, if greater than (A) an amount of funds equal to the

amount of funds that would have been collected in such State

pursuant to the pork promotion program in existence in such State

from July 1, 1984, to June 30, 1985, had the porcine animals,

subject to assessment and to which no refund was received in such

State in each year following December 23, 1985, been produced

from July 1, 1984, to June 30, 1985, and been subject to the

rates of assessments then in effect and the rate of return then

in effect from each State to the Council described in paragraph

(2)(A), and other national entities involved in pork promotion,

research and consumer information.

(C) A State association shall use such funds and any proceeds

from the investment of such funds for financing -

(i) promotion, research, and consumer information plans and

projects, and

(ii) administrative expenses incurred in connection with such

plans and projects.

(2)(A) The National Pork Producers Council, a nonprofit

corporation of the type described in section 501(c)(3) of title

26 and incorporated in the State of Iowa, shall receive an amount

of funds equal to -

(i) 37 1/2 percent of the aggregate amount of assessments

collected under this section throughout the United States from

the date assessment commences pursuant to subsection (a)(1) of

this section until the first day of the month following the

month in which the Board is appointed pursuant to section 4808

of this title. (FOOTNOTE 2)

(FOOTNOTE 2) So in original. The period probably should be a

comma.

(ii) 35 percent thereafter until the referendum is conducted

pursuant to section 4811 of this title,

(iii) 25 percent until twelve months after the referendum is

conducted, and

(iv) no funds thereafter except in so far as it obtains such

funds from the Board pursuant to sections (FOOTNOTE 3) 4808 or

4809 of this title, each of which amounts determined under (i),

(ii), and (iii) shall be less the Council's share of refunds

determined pursuant to paragraph (4).

(FOOTNOTE 3) So in original. Probably should be ''section''.

(B) The Council shall use such funds and proceeds from the

investment of such funds for financing -

(i) promotion, research, and consumer information plans and

projects, and

(ii) administrative expenses of the Council.

(3)(A) The Board shall receive the amount of funds that remain

after the distribution required under paragraphs (1) and (2).

(B) The Board shall use such funds and any proceeds from the

investment of such funds pursuant to subsection (g) of this

section for -

(i) financing promotion, research, and consumer information

plans and projects in accordance with this chapter; (FOOTNOTE

4)

(FOOTNOTE 4) See References in Text note below.

(ii) such expenses for the administration, maintenance, and

functioning of the Board as may be authorized by the Secretary;

(iii) accumulation of a reasonable reserve to permit an

effective promotion, research, and consumer information program

to continue in years when the amount of assessments may be

reduced; and

(iv) administrative costs incurred by the Secretary to carry

out this chapter, (FOOTNOTE 4) including any expenses incurred

for the conduct of a referendum under this chapter. (FOOTNOTE

4)

(4)(A) Each State's share of refunds shall be determined by

multiplying the aggregate amount of refunds received by producers

in such State by the percentage applicable to such State pursuant

to paragraph (1)(A)(ii).

(B) The National Pork Producers Council's share of refunds

shall be determined by multiplying its applicable percent of the

aggregate amount of assessments by the product of -

(i) subtracting from the aggregate amount of refunds received

by all producers the aggregate amount of State share or refunds

in every State determined pursuant to subparagraph (A), and

(ii) adding to that sum the aggregate amount of refunds

received by importers.

(d) Prohibited promotions

No promotion funded with assessments collected under this chapter

may make -

(1) a false or misleading claim on behalf of pork or a pork

product; or

(2) a false or misleading statement with respect to an

attribute or use of a competing product.

(e) Influencing legislation prohibited

No funds collected through assessments authorized by this section

may, in any manner, be used for the purpose of influencing

legislation, as defined in section 4911(d) and (e)(2) of title 26.

(f) Maintenance of books and records; audits

The Board shall -

(1) maintain such books and records, and prepare and submit to

the Secretary such reports from time to time, as may be required

by the Secretary for appropriate accounting of the receipt and

disbursement of funds entrusted to the Board or a State

association, as the case may be; and

(2) cause a complete audit report to be submitted to the

Secretary at the end of each fiscal year.

(g) Investment by Board of funds collected

The Board, with the approval of the Secretary, may invest funds

collected through assessments authorized under this section,

pending disbursement for a plan or project, only in -

(1) an obligation of the United States, or of a State or

political subdivision thereof;

(2) an interest-bearing account or certificate of deposit of a

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

(3) an obligation fully guaranteed as to principal and interest

by the United States.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1620, Dec. 23, 1985, 99 Stat.

1614; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c)(3)(B)(i), (iv), was in

the original ''this title'' and was translated as reading ''this

subtitle'', meaning subtitle B of title XVI of Pub. L. 99-198,

which enacted this chapter, as the probable intent of Congress.

-MISC2-

AMENDMENTS

1986 - Subsecs. (c)(2)(A), (e). Pub. L. 99-514 substituted

''Internal Revenue Code of 1986'' for ''Internal Revenue Code of

1954'', which for purposes of codification was translated as

''title 26'' thus requiring no change in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4805, 4806, 4807, 4808,

4813, 4817, 4819 of this title.

-CITE-

7 USC Sec. 4810 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4810. Permissive provisions

-STATUTE-

(a) Recordkeeping and reporting requirements; incidental and

necessary terms and conditions

On the recommendation of the Board, and with the approval of the

Secretary, an order may contain one or more of the following

provisions:

(1) Each person purchasing a porcine animal from a producer for

commercial use, and each importer, shall -

(A) maintain and make available for inspection such books and

records as may be required by the order; and

(B) file reports at the time, in the manner, and having the

content prescribed by the order,

including documentation of the State of origin of a purchased

porcine animal or the place of origin of an imported porcine

animal, pork, or pork product.

(2) A term or condition -

(A) incidental to, and not inconsistent with, the terms and

conditions specified in this chapter; and

(B) necessary to effectuate the other provisions of such

order.

(b) Availability of information to Secretary and Board;

confidentiality; disclosure; issuance of general statement,

statistical data, or name of violator of order

(1) Information referred to in subsection (a)(1) of this section

shall be made available to the Secretary and the Board as is

appropriate or necessary for the effectuation, administration, or

enforcement of this chapter or an order.

(2)(A) Except as provided in subparagraphs (B) and (C),

information obtained under subsection (a)(1) of this section shall

be kept confidential by officers or employees of the Department of

Agriculture or the Board.

(B) Such information may be disclosed only -

(i) in a suit or administrative hearing involving the order

with respect to which the information was furnished or acquired -

(I) brought at the direction or on the request of the

Secretary; or

(II) to which the Secretary or an officer of the United

States is a party; and

(ii) if the Secretary considers such information to be relevant

to such suit or hearing.

(C) Nothing in this section prohibits -

(i) the issuance of a general statement based on the reports of

a number of persons subject to an order, or statistical data

collected therefrom, if such statement or data does not identify

the information furnished by any person; or

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

name of a person violating an order, together with a statement of

the particular provisions of the order violated by such person.

(c) Penalty for willful violations

A person who willfully violates subsection (a)(1) or (b) of this

section shall, on conviction, be -

(1) subject to a fine of not more than $1,000 or imprisoned for

not more than 1 year, or both; and

(2) if such person is an employee of the Department of

Agriculture or the Board, removed from office.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1621, Dec. 23, 1985, 99 Stat.

1617.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4805 of this title.

-CITE-

7 USC Sec. 4811 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4811. Referendum

-STATUTE-

(a) Continuation of order

For the purpose of determining whether an order then (FOOTNOTE 1)

effect shall be continued during the period beginning not earlier

than 24 months after the issuance of the order and ending not later

than 30 months after the issuance of the order, the Secretary shall

conduct a referendum among persons who have been pork producers and

importers during a representative period, as determined by the

Secretary.

(FOOTNOTE 1) So in original. Probably should be followed by

''in''.

(b) Factors determining continuation; termination of order

(1) Such order shall be continued only if the Secretary

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

majority of the producers and importers voting in the referendum.

(2) If the continuation of such order is not approved by a

majority of the producers and importers voting in the referendum,

the Secretary shall terminate -

(A) collection of assessments under the order not later than 6

months after the date of such determination; and

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

the date of such determination.

(c) Reimbursement for cost

The Secretary shall be reimbursed from assessments collected by

the Board for any expenses incurred in connection with a referendum

conducted under this section or section 4812 of this title.

(d) Manner of conducting

A referendum shall be conducted in such manner as prescribed by

the Secretary.

(e) Amendment of initial order

A referendum to amend the initial order shall be conducted

pursuant to this section.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1622, Dec. 23, 1985, 99 Stat.

1618.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4809, 4812, 4813, 4817 of

this title.

-CITE-

7 USC Sec. 4812 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4812. Suspension and termination of orders

-STATUTE-

(a) Authority of Secretary

If after the initial referendum provided for in section 4811(a)

of this title the Secretary determines that an order, or a

provision of the order, obstructs or does not tend to effectuate

the declared policy of this chapter, the Secretary shall terminate

or suspend the operation of such order or provision.

(b) Referendum to terminate or suspend; eligible voters;

requirements for approval; termination or suspension date; one

referendum within 2-year period

(1)(A) Except as provided in paragraph (2), after the initial

referendum provided for in section 4811(a) of this title, on the

request of a number of persons equal to at least 15 percent of

persons who have been producers and importers during a

representative period, as determined by the Secretary, the

Secretary shall conduct a referendum to determine whether the

producers and importers favor the termination or suspension of the

order.

(B) The Secretary shall -

(i) suspend or terminate collection of assessments under the

order not later than 6 months after the date the Secretary

determines that suspension or termination of the order is favored

by a majority of the producers and importers voting in the

referendum; and

(ii) terminate the order in an orderly manner as soon as

practicable after the date of such determination.

(2) Except with respect to a referendum required to be conducted

under section 4811 of this title, the Secretary shall not be

required by paragraph (1) to conduct more than one referendum under

this chapter in a 2-year period.

(c) Termination or suspension not to be considered an order

The termination or suspension of an order, or a provision of an

order, shall not be considered an order within the meaning of this

chapter.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1623, Dec. 23, 1985, 99 Stat.

1618.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4811 of this title.

-CITE-

7 USC Sec. 4813 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4813. Refunds

-STATUTE-

(a) Demand for refund; persons eligible

Notwithstanding any other provision of this chapter, prior to the

approval of the continuation of an order pursuant to the referendum

required under section 4811(a) of this title, any person shall have

the right to demand and receive from the Board a refund of an

assessment collected under section 4809 of this title if such

person -

(1) is responsible for paying such assessment; and

(2) does not support the program established under this

chapter.

(b) Form and time within which demand to be made

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

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

by the Secretary, but not later than 30 days after the end of the

month in which the assessment was paid.

(c) Payment of refund on submission of satisfactory proof

Such refund shall be made not later than 30 days after demand is

received therefore (FOOTNOTE 1) on submission of proof satisfactory

to the Board that the producer, person, or importer -

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

(1) paid the assessment for which refund is sought; and

(2) did not collect such assessment from another producer,

person, or importer.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1624, Dec. 23, 1985, 99 Stat.

1619.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4806, 4807, 4809 of this

title.

-CITE-

7 USC Sec. 4814 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4814. Petition and review

-STATUTE-

(a)(1) A person subject to an order may file with the Secretary a

petition -

(A) stating that such order, a provision of such order, or an

obligation imposed in connection with such order is not in

accordance with law; and

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

from such order.

(2) Such person shall be given an opportunity for a hearing on

the petition, in accordance with regulations issued by the

Secretary.

(3) After such hearing, the Secretary shall make a determination

granting or denying such petition.

(b)(1) A district court of the United States in the district in

which such person resides or does business shall have jurisdiction

to review such determination if a complaint for such purpose is

filed not later than 20 days after the date such person receives

notice of such determination.

(2) Service of process in such proceeding may be made on the

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

(3) If a court determines that such determination is not in

accordance with law, the court shall remand such proceedings to the

Secretary with directions to -

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

accordance with law; or

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

court, the law requires.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1625, Dec. 23, 1985, 99 Stat.

1619.)

-CITE-

7 USC Sec. 4815 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4815. Enforcement

-STATUTE-

(a) Jurisdiction of district court; referral of civil actions to

Attorney General

(1) A district court of the United States shall have jurisdiction

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

violating an order, rule, or regulation issued under this chapter.

(2) A 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 a violation of this chapter if the Secretary believes that

the administration and enforcement of this chapter would be

adequately served by providing a suitable written notice or warning

to a person who committed such violation or by administrative

action under subsection (b) of this section.

(b) Penalties for willful violations; issuance of cease-and-desist

orders; judicial review of orders; penalty for failure to obey

cease-and-desist order

(1)(A) A person who willfully violates an order, rule, or

regulation issued by the Secretary under this chapter may be

assessed -

(i) a civil penalty by the Secretary of not more than $1,000

for each such violation; and

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

an assessment as required by an order, an additional penalty

equal to the amount of such assessment.

(B) Each such violation shall be a separate offense.

(C) In addition to or in lieu of such civil penalty, the

Secretary may issue an order requiring such person to cease and

desist from violating such order, rule, or regulation.

(D) No penalty may be assessed or cease-and-desist order issued

unless the Secretary gives such person notice and opportunity for a

hearing on the record with respect to such violation.

(E) An order issued under this paragraph by the Secretary shall

be final and conclusive unless such person files an appeal from

such order with the appropriate United States court of appeals not

later than 30 days after such person receives notice of such order.

(2)(A) A person against whom an order is issued under paragraph

(1) may obtain review of such order in the court of appeals of the

United States for the circuit in which such person resides or does

business, or in the United States Court of Appeals for the District

of Columbia Circuit, by -

(i) filing a notice of appeal in such court not later than 30

days after the date of such order; and

(ii) simultaneously sending a copy of such notice by certified

mail to the Secretary.

(B) The Secretary shall file promptly in such court a certified

copy of the record on which such violation was found.

(C) A finding of the Secretary shall be set aside only if the

finding is found to be unsupported by substantial evidence.

(3)(A) A person who fails to obey a valid cease-and-desist order

issued under paragraph (1) by the Secretary, after an opportunity

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

Secretary of not more than $500 for each offense.

(B) Each day during which such failure continues shall be

considered a separate violation of such order.

(4)(A) If a person fails to pay a valid civil penalty imposed

under this subsection by the Secretary, the Secretary shall refer

the matter to the Attorney General for recovery of the amount

assessed in an appropriate district court of the United States.

(B) In such action, the validity and appropriateness of the order

imposing such civil penalty shall not be subject to review.

(c) Availability of additional 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. 99-198, title XVI, Sec. 1626, Dec. 23, 1985, 99 Stat.

1620.)

-CITE-

7 USC Sec. 4816 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4816. Investigations

-STATUTE-

(a) Purposes

The Secretary may make such investigations as the Secretary

considers necessary -

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

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

engaged, or is about to engage, in an act that constitutes, or

will constitute, a violation of this chapter or an order, rule,

or regulation issued under this chapter.

(b) Oaths and affirmations; subpenas

(1) For the purpose of such investigation, the Secretary may

administer oaths and affirmations, subpoena witnesses, compel their

attendance, take evidence, and require the production of any

records that are relevant to the inquiry.

(2) Such attendance of witnesses and the production of such

records may be required from any place in the United States.

(c) Judicial enforcement; contempt proceedings; service of process

(1) In the case of contumacy, or refusal to obey a subpoena, by a

person, the Secretary may invoke the aid of a court of the United

States with jurisdiction over such investigation or proceeding, or

where such person resides or does business, in requiring the

attendance and testimony of such person and the production of such

records.

(2) 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.

(3) A failure to obey an order issued under this section by the

court may be punished by the court as a contempt thereof.

(4) Process in 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. 99-198, title XVI, Sec. 1627, Dec. 23, 1985, 99 Stat.

1621.)

-CITE-

7 USC Sec. 4817 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4817. Preemption

-STATUTE-

(a) Promotion and consumer education; funds from pork producers

This chapter is intended to occupy the field of -

(1) promotion and consumer education involving pork and pork

products; and

(2) obtaining funds therefor from pork producers.

(b) Additional or different State regulation prohibited

The regulation of such activity (other than a regulation or

requirement relating to a matter of public health or the provision

of State or local funds for such activity) that is in addition to

or different from this chapter may not be imposed by a State.

(c) Application of section

This section shall apply only during a period beginning on the

date of the commencement of the collection of assessments under

section 4809 of this title and ending on the date of the

termination of the collection of assessments under section

4811(a)(3) or 4811(b)(1)(B) (FOOTNOTE 1) of this title.

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

4811(b)(2)(A) or 4812(b)(1)(B)''.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1628, Dec. 23, 1985, 99 Stat.

1621.)

-CITE-

7 USC Sec. 4818 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4818. Administrative provision

-STATUTE-

The provisions of this chapter applicable to orders shall be

applicable to amendments to orders.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1629, Dec. 23, 1985, 99 Stat.

1621.)

-CITE-

7 USC Sec. 4819 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 79 - PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 4819. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated such sums as may be

necessary for the Secretary to carry out this chapter, subject to

reimbursement from the Board under section 4809(c)(3)(B)(iv) of

this title.

(b) Sums appropriated to carry out this chapter shall not be

available for payment of an expense or expenditure incurred by the

Board in administering an order.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1630, Dec. 23, 1985, 99 Stat.

1621.)

-CITE-