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7 U.S.C. § 4810 — Permissive provisions

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

7 U.S.C. § 4810 — Permissive provisions

**(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) 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) 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

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Source file: Laws/federal/codes/united-states-code/title-7/section-4810-permissive-provisions--5cf395dd25.md
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Source location: Title 7, Chapter 79, § 4810; chapter-079-pork-promotion-research-and-consumer-information.md

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**(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) 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) 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) 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.

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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

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

7 U.S.C. § 4805 — Findings and issuance of orders

**(a) Necessary findings** After notice and opportunity for public comment have been provided in accordance with [section 4804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4804&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4810&num=0&edition=prelim), no others.

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

7 U.S.C. § 4810 — Permissive provisions

Page 1726 TITLE 7—AGRICULTURE § 4810 (2) a false or misleading statement with re- spect to an attribute or use of a competing product. (e) Influencing legislation prohibited No funds collected through assessments au- thorized 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 re- ports from time to time, as may be required by the Secretary for appropriate accounting of the receipt and disbursement of funds en- trusted to the Board or a State association, as the case may be; and (2) cause a complete audit report to be sub- mitted to the Secretary at the end of each fis- cal 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 disburse- ment 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 prin- cipal and interest by the United States. (Pub. L. 99–198, title XVI, § 1620, Dec. 23, 1985, 99 Stat. 1614; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes 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. AMENDMENTS 1986—Sub

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