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7 U.S.C. § 4801 — Congressional findings and declaration of purpose
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-7/section-4801-congressional-findings-and-declaration-of-purpose--4e661e6931.md
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Source location: Title 7, Chapter 79, § 4801; chapter-079-pork-promotion-research-and-consumer-information.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter:
(1) The term “Board” means the National Pork Board established under [section 4808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4808&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4806&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4803&num=0&edition=prelim).
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4802
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Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4803
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4804
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4805
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4807
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The order shall provide for the establishment and appointment by the Secretary of a 15-member National Pork Board.
(2) 11 So in original. Two pars. (2) have been enacted. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4806/g&num=0&edition=prelim) .
(2) 1 The Board shall consist of producers or importers appointed by the Secretary from nominations submitted under [section 4806(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4806/g&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim) for reasonable expenses incurred in performing duties as a member of the Board.
**(b
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4808
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4810
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Continuation of order** For the purpose of determining whether an order then 11 So in original. Probably should be followed by “in”. 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.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4812&num=0&edition=prelim).
**(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: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4811
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