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7 U.S.C. § 4533 — Issuance of order

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

7 U.S.C. § 4533 — Issuance of order

**(a) Publication in Federal Register; public comment; submission** After receipt of a proposed dairy products research order, the Secretary may publish such proposed order in the Federal Register and shall give notice and reasonable opportunity for public comment on such proposed order. Such proposed order may be submitted by an organization certified under [section 4505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4505&num=0&edition=prelim) or by any interested person affected by the provisions of subchapter I. **(b) Effective date of order** After the Secretary provides for such publication and a reasonable opportunity for a hearing under subsection (a), the Secretary may issue the dairy products research order. The order so issued shall become effective not later than 90 days after publication in the Federal Register of the order. **(c) Amendment of order** The Secretary may amend, from time to time, the dairy products research order issued under subsection (b).

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Stable record: federal_law:legal_authorities:record_usc_766702811dbaff387fe22dac
Source file: Laws/federal/codes/united-states-code/title-7/section-4533-issuance-of-order--e8fd69f9f3.md
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Source location: Title 7, Chapter 76, § 4533; chapter-076-dairy-research-and-promotion.md

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**(a) Publication in Federal Register; public comment; submission** After receipt of a proposed dairy products research order, the Secretary may publish such proposed order in the Federal Register and shall give notice and reasonable opportunity for public comment on such proposed order. Such proposed order may be submitted by an organization certified under [section 4505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4505&num=0&edition=prelim) or by any interested person affected by the provisions of subchapter I. **(b) Effective date of order** After the Secretary provides for such publication and a reasonable opportunity for a hearing under subsection (a), the Secretary may issue the dairy products research order. The order so issued shall become effective not later than 90 days after publication in the Federal Register of the order. **(c) Amendment of order** The Secretary may amend, from time to time, the dairy products research order issued under subsection (b).

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

7 U.S.C. § 4505 — Certification of organizations

**(a)** The eligibility of any organization to represent milk producers, and to participate in the making of nominations under [section 4504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4504&num=0&edition=prelim) shall be certified by the Secretary. The Secretary shall certify any organization that the Secretary determines meets the eligibility criteria established by the Secretary under this section and the Secretary’s determination as to eligibility shall be final. **(b)** Certification shall be based, in addition to other available information, on a factual report submitted by the organization, which shall contain information deemed relevant and specified by the Secretary, including, but not limited to, the following: (1) geographic territory covered by the organization’s active membership; (2) nature and size of the organization’s active membership including the proportion of the total number of active milk producers represented by the organization; (3) evidence of stability and permanency of the organization; (4) sources from which the organization’s operating funds are derived; (5) functions of the organization; and (6) the organization’s ability and willingness to further the aims and objectives of this subchapter. The primary considerations in determining the eligibility of an organization shall be whether its membership consists primarily of milk producers who produce a substantial volume of milk and whether the primary or overriding interest of the organization is in the production or processing of fluid milk and dairy products and promotion of the nutritional attributes of fluid milk and dairy products.

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

7 U.S.C. § 4536 — Dairy Research Trust Fund

**(a) Establishment** There may be established in the Treasury of the United States a trust fund to be known as the “Dairy Research Trust Fund” if the Institute is established under [section 4532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4532&num=0&edition=prelim) and a dairy products research order issued under [section 4533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4533&num=0&edition=prelim) is effective during such fiscal year. **(b) Authorization of appropriations; transfer of moneys; investments** (1) There is authorized to be appropriated to the Fund or transferred from moneys available to the Commodity Credit Corporation for deposit in the Fund, $100,000,000. (2) Moneys deposited in the Fund under paragraph (1) shall be invested by the Secretary of the Treasury in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. Interest, dividends, and other payments that accrue from such investments shall be deposited in the Fund and also shall be so invested, subject to subsection (c). **(c) Availability of moneys for authorized and approved activities** Moneys in the Fund, other than moneys appropriated or transferred under paragraph (1) of subsection (b), shall be available to the board, in such amounts, and for such activities authorized by this subchapter, as the Secretary may approve.

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

7 U.S.C. § 4533 — Issuance of order

Page 1699 TITLE 7—AGRICULTURE § 4534 (1) the term ‘‘board’’ means the board of trustees of the Institute; (2) the term ‘‘Department’’ means the De- partment of Agriculture; (3) the term ‘‘dairy products’’ means manu- factured products that are derived from the processing of milk, and includes fluid milk products; (4) the term ‘‘fluid milk products’’ means those milk products normally consumed in liq- uid form as a beverage; (5) the term ‘‘Fund’’ means the Dairy Re- search Trust Fund established by section 4536 of this title; (6) the term ‘‘Institute’’ means the National Dairy Research Endowment Institute estab- lished by section 4532 of this title; (7) the term ‘‘milk’’ means any class of cow’s milk marketed in the United States; (8) the term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity; (9) the term ‘‘producer’’ means any person engaged in the production of milk for commer- cial use; (10) the term ‘‘research’’ means studies test- ing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of milk and dairy products, and other related efforts to expand demand for milk and dairy products; (11) the term ‘‘Secretary’’ means the Sec- retary of Agriculture unless the context speci- fies otherwise; and (12) the term ‘‘United States’’, when used in a geographical sense, means all of the States, the District of Columbia, and the Common- wealth of Puerto Rico. (Pub. L. 98–180, title I, § 130, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1367; amended Pub. L. 110–234, title I, § 1507(c), May 22, 2008, 122 Stat. 997; Pub. L. 110–246, § 4(a), title I, § 1507(c), June 18, 2008, 122 Stat. 1664, 1725.) Ed

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