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7 U.S.C. § 4817 — Preemption
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim) and ending on the date of the termination of the collection of assessments under section 4811(a)(3) or 4811(b)(1)(B) 11 So in original. Probably should be “section 4811(b)(2)(A) or 4812(b)(1)(B)”. of this title.
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Source file: Laws/federal/codes/united-states-code/title-7/section-4817-preemption--8f110ae4d3.md
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Source location: Title 7, Chapter 79, § 4817; chapter-079-pork-promotion-research-and-consumer-information.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim) and ending on the date of the termination of the collection of assessments under section 4811(a)(3) or 4811(b)(1)(B) 11 So in original. Probably should be “section 4811(b)(2)(A) or 4812(b)(1)(B)”. of this title.
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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
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
**(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
Page 1729
TITLE 7—AGRICULTURE
§ 4819
1 So in original. Probably should be ‘‘section 4811(b)(2)(A) or
4812(b)(1)(B)’’.
(c) Availability of additional remedies
The remedies provided in subsections (a) and
(b) shall be in addition to, and not exclusive of,
other remedies that may be available.
(Pub. L. 99–198, title XVI, § 1626, Dec. 23, 1985, 99
Stat. 1620.)
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.
§ 4816. Investigations
(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 en-
gage, in an act that constitutes, or will con-
stitute, 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 affirma-
tions, subpoena witnesses, compel their attend-
ance, take evidence, and require the production
of any records that are relevant to the inquiry.
(2) Such attendance of witnesses and the pro-
duction 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 pro-
ceeding, or where such person resides or does
business, in requiring the attendance and testi-
mony of such person and the production of such
records.
(2) The court may is
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 4817
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