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7 U.S.C. § 4505 — Certification of organizations
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_c4b03d18410cfcd6820af62b
Source file: Laws/federal/codes/united-states-code/title-7/section-4505-certification-of-organizations--d663b0e61a.md
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Source location: Title 7, Chapter 76, § 4505; chapter-076-dairy-research-and-promotion.md
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**(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
Any order issued under this subchapter shall contain terms and conditions as follows:
**(a)** The order shall provide for the establishment and administration of appropriate plans or projects for advertisement and promotion of the sale and consumption of dairy products, for research projects related thereto, for nutrition education projects, and for the disbursement of necessary funds for such purposes. Any such plan or project shall be directed toward the sale and marketing or use of dairy products to the end that the marketing and use of dairy products may be encouraged, expanded, improved, or made more acceptable. No such advertising or sales promotion program shall make use of unfair or deceptive acts or practices with respect to the quality, value, or use of any competing product.
**(b) National Dairy Promotion and Research Board.—**
(1) The order shall provide for the establishment and appointment by the Secretary of a National Dairy Promotion and Research Board that shall consist of not less than thirty-six members.
(2) Except as provided in paragraph (6), the members of the Board shall be milk producers appointed by the Secretary from nominations submitted by eligible organizations certified under [section 4505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4505&num=0&edition=prelim), or, if the Secretary determines that a substantial number of milk producers are not members of, or their interests are not represented by, any such eligible organization, then from nominations made by such milk producers in the manner authorized by the Secretary.
(3) In making such appointments, the Secretary shall take into account, to the extent practicable, the geographical distribution of milk production volume throughout the Unit
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4504
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice and opportunity for public comment** During the period beginning with November 29, 1983, and ending thirty days after receipt of a proposal for an initial dairy products promotion and research order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment upon the proposed order. The proposal for an 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 this subchapter.
**(b) Effective date of orders** After notice and opportunity for public comment are given, as provided for in subsection (a) of this section, the Secretary shall issue a dairy products promotion and research order. Such order shall become effective not later than ninety days following publication of the proposal.
**(c) Amendment of orders** The Secretary may, from time to time, amend a dairy products promotion and research order.
**(d) Order implementation and international trade obligations** The Secretary, in consultation with the United States Trade Representative, shall ensure that the order is implemented in a manner consistent with the international trade obligations of the Federal Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4503
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4533
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Federal law — U.S. Code and appendices · legal_authorities
Page 1696
TITLE 7—AGRICULTURE
§ 4505
title to foreign-produced dairy products immediately
upon release by Customs, as well as persons who act on
behalf of others, as agents, brokers, or consignees, to
secure the release of dairy products from Customs.’’
Subsec. (g)(7). Pub. L. 110–246, § 1507(f), added par. (7).
2002—Subsec. (b). Pub. L. 107–171, § 1505(b), inserted
heading, designated first to ninth sentences as pars. (1)
to (5) and (7) to (10), respectively, and realigned mar-
gins, substituted ‘‘Except as provided in paragraph (6),
the members of the Board’’ for ‘‘Members of the Board’’
in par. (2) and ‘‘is produced as well as importers of
dairy products’’ for ‘‘is produced’’ in par. (8), and added
par. (6).
Subsec. (e). Pub. L. 107–171, § 1505(c), inserted heading,
designated existing provisions as par. (1), inserted
heading, and struck out ‘‘For each of fiscal years 1997
through 2001, the Board’s budget may provide for the
expenditure of revenues available to the Board to de-
velop international markets for, and to promote within
such markets, the consumption of dairy products pro-
duced in the United States from milk produced in the
United States.’’ at end, and added par. (2).
Subsec. (g). Pub. L. 107–171, § 1505(d), inserted heading,
designated first to fifth sentences as pars. (1) to (5), re-
spectively, and realigned margins, inserted ‘‘for milk
produced in the United States and imported dairy prod-
ucts’’ after ‘‘The rate of assessment’’ and ‘‘, as deter-
mined by the Secretary’’ before period at end in par.
(3), and added par. (6).
Subsec. (k). Pub. L. 107–171, § 1505(e), substituted ‘‘im-
porter of imported dairy products, each person receiv-
ing milk from farmers’’ for ‘‘person receiving milk
from farmers’’ in first sentence.
1996—Su
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 4505
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