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7 U.S.C. § 4807 — Selection of Delegate Body

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4807 — Selection of Delegate Body

**(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) 11 So in original. No subpar. (B) has been enacted. 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. **(b) Election; eligibility to vote; notice of election; number of members nominated** (1) After the Secretary has received the nominations required under subsection (a) 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 [sectio

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Stable record: federal_law:legal_authorities:record_usc_18437af63f3066d2d0f623d6
Source file: Laws/federal/codes/united-states-code/title-7/section-4807-selection-of-delegate-body--c5d86020bf.md
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Source location: Title 7, Chapter 79, § 4807; chapter-079-pork-promotion-research-and-consumer-information.md

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**(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) 11 So in original. No subpar. (B) has been enacted. 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. **(b) Election; eligibility to vote; notice of election; number of members nominated** (1) After the Secretary has received the nominations required under subsection (a) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4806/b/2/B&num=0&edition=prelim). (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). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim); and (C) not demanded a refund of an assessment under [section 4813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4813&num=0&edition=prelim). **(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).

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4801 — Congressional findings and declaration of purpose

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4801

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4809 — Assessments

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4805/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4802/8&num=0&edition=prelim) produced in the United States that is sold or slaughtered for sale; (B) each producer for each porcine animal described in subsection 11 So in original. Probably should be “section”. 4802(8)(B) of this title that is sold; and (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4808&num=0&edition=prelim), 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4808&num=0&edition=prelim), by— (A) in the case of subparagraph (A)

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4809

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4813 — Refunds

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4811/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim) 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 11 So in original. Probably should be “therefor”. on submission of proof satisfactory to the Board that the producer, person, or importer— (1) paid the assessment for which refund is sought; and (2) did not collect such assessment from another producer, person, or importer.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4813

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4806 — National Pork Producers Delegate Body

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4807&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim) and not demanded a refund under [section 4813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4813&num=0&edition=prelim), or pursuant to an election of nominees conducted in accordance with [section 4807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4807&num=0&edition=prelim). (iii) In the case of a Stat

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4806

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4807 — Selection of Delegate Body

Page 1723 TITLE 7—AGRICULTURE § 4808 1 So in original. Probably should be section ‘‘4809(b)’’. 1 So in original. No subpar. (B) has been enacted. 1 So in original. Two pars. (2) have been enacted. such rate pursuant to section 4809(5) 1 of this title; and (2) determine the percentage of the aggre- gate amount of assessments collected in a State that each State association shall receive under section 4809(c)(1) of this title. (Pub. L. 99–198, title XVI, § 1617, Dec. 23, 1985, 99 Stat. 1609.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4807. Selection of Delegate Body (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 pro- ducers who are residents of such State to serve as such candidates. (3)(A) 1 Additional producers who are residents of a State may be nominated as candidates of such State by written petition signed by 100 pro- ducers or 5 percent of the pork producers in such State, whichever is less. The Secretary shall es- tablish and publicize the procedures governing the time and place for filing petitions. (b) Election; eligibility to vote; notice of election; number of members nominated (1) After the Secretary has received the nomi- nations required under subsection (a) 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 t

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 4807

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