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7 U.S.C. § 7413 — Issuance of orders
Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance authorized**
(1) **In general** — To effectuate the purpose of this subchapter, the Secretary may issue, and amend from time to time, orders applicable to—
(A) the producers of an agricultural commodity;
(B) the first handlers of the agricultural commodity and other persons in the marketing chain as appropriate; and
(C) the importers of the agricultural commodity, if imports of the agricultural commodity are subject to assessment under [section 7415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7415/f&num=0&edition=prelim).
(2) **National scope** — Each order issued under this section shall be national in scope.
**(b) Procedure for issuance**
(1) **Development or receipt of proposed order** — A proposed order with respect to an agricultural commodity may be—
(A) prepared by the Secretary at any time; or
(B) submitted to the Secretary by—
(i) an association of producers of the agricultural commodity; or
(ii) any other person that may be affected by the issuance of an order with respect to the agricultural commodity.
(2) **Consideration of proposed order** — If the Secretary determines that a proposed order is consistent with and will effectuate the purpose of this subchapter, the Secretary shall publish the proposed order in the Federal Register and give due notice and opportunity for public comment on the proposed order.
(3) **Existence of other orders** — In deciding whether a proposal for an order is consistent with and will effectuate the purpose of this subchapter, the Secretary may consider the existence of other Federal promotion, research, and information programs or orders issued or developed pursuant to any other law.
(4) **Preparation of final order** — After notice a
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Stable record: federal_law:legal_authorities:record_usc_cf305730c7821fdea5add159
Source file: Laws/federal/codes/united-states-code/title-7/section-7413-issuance-of-orders--dcdf2be83b.md
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Source location: Title 7, Chapter 101, § 7413; chapter-101-agricultural-promotion.md
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**(a) Issuance authorized**
(1) **In general** — To effectuate the purpose of this subchapter, the Secretary may issue, and amend from time to time, orders applicable to—
(A) the producers of an agricultural commodity;
(B) the first handlers of the agricultural commodity and other persons in the marketing chain as appropriate; and
(C) the importers of the agricultural commodity, if imports of the agricultural commodity are subject to assessment under [section 7415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7415/f&num=0&edition=prelim).
(2) **National scope** — Each order issued under this section shall be national in scope.
**(b) Procedure for issuance**
(1) **Development or receipt of proposed order** — A proposed order with respect to an agricultural commodity may be—
(A) prepared by the Secretary at any time; or
(B) submitted to the Secretary by—
(i) an association of producers of the agricultural commodity; or
(ii) any other person that may be affected by the issuance of an order with respect to the agricultural commodity.
(2) **Consideration of proposed order** — If the Secretary determines that a proposed order is consistent with and will effectuate the purpose of this subchapter, the Secretary shall publish the proposed order in the Federal Register and give due notice and opportunity for public comment on the proposed order.
(3) **Existence of other orders** — In deciding whether a proposal for an order is consistent with and will effectuate the purpose of this subchapter, the Secretary may consider the existence of other Federal promotion, research, and information programs or orders issued or developed pursuant to any other law.
(4) **Preparation of final order** — After notice and opportunity for public comment under paragraph (2) regarding a proposed order, the Secretary shall take into consideration the comments received in preparing a final order. The Secretary shall ensure that the final order is in conformity with the terms, conditions, and requirements of this subchapter.
**(c) Issuance and effective date** If the Secretary determines that the final order developed with respect to an agricultural commodity is consistent with and will effectuate the purpose of this subchapter, the Secretary shall issue the final order. Except in the case of an order for which an initial referendum is conducted under [section 7417(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417/a&num=0&edition=prelim), the final order shall be issued and become effective not later than 270 days after the date of publication of the proposed order that was the basis for the final order.
**(d) Amendments** From time to time the Secretary may amend any order, consistent with the requirements of [section 7422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7422&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of this subchapter applicable to an order shall be applicable to any amendment to an order, except that [section 7417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7417&num=0&edition=prelim) shall not apply to an amendment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7422
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Commodity promotion law” defined** In this section, the term “commodity promotion law” means a Federal law that provides for the establishment and operation of a promotion program regarding an agricultural commodity that includes a combination of promotion, research, industry information, or consumer information activities, is funded by mandatory assessments on producers or processors, and is designed to maintain or expand markets and uses for the commodity (as determined by the Secretary). The term includes—
(1) the marketing promotion provisions under [section 608c(6)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c/6/I&num=0&edition=prelim);
(2) Public Law 89–502 ([7 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2101&num=0&edition=prelim) et seq.);
(3) title III of Public Law 91–670 ([7 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2611&num=0&edition=prelim) et seq.);
(4) Public Law 93–428 ([7 U.S.C. 2701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2701&num=0&edition=prelim) et seq.);
(5) Public Law 94–294 ([7 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2901&num=0&edition=prelim) et seq.);
(6) subtitle B of title I of Public Law 98–180 ([7 U.S.C. 4501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4501&num=0&edition=prelim) et seq.);
(7) Public Law 98–590 ([7 U.S.C. 4601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4601&num=0&edition=prelim) et seq.);
(8) subtitle B of title XVI of Public Law 99–198 ([7 U.S.C. 4801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter (unless the context otherwise requires):
(1) **Agricultural commodity** — The term “agricultural commodity” means—
(A) agricultural, horticultural, viticultural, and dairy products;
(B) livestock and the products of livestock;
(C) the products of poultry and bee raising;
(D) the products of forestry;
(E) products, as a class, that are—
(i) produced on a certified organic farm (as defined in [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6502&num=0&edition=prelim)); and
(ii) certified to be sold or labeled as “organic” or “100 percent organic” (as defined in part 205 of title 7, Code of Federal Regulations (or a successor regulation));
(F) other commodities raised or produced on farms, as determined appropriate by the Secretary; and
(G) products processed or manufactured from products specified in the preceding subparagraphs, as determined appropriate by the Secretary.
(2) **Board** — The term “board” means a board established under an order issued under [section 7413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7413&num=0&edition=prelim).
(3) **Conflict of interest** — The term “conflict of interest” means a situation in which a member or employee of a board has a direct or indirect financial interest in a person that performs a service for, or enters into a contract with, a board for anything of economic value.
(4) **Department** — The term “Department” means the Department of Agriculture.
(5) **First handler** — The term “first handler” means the first person who buys or takes possession of an agricultural commodity from a producer for marketing. If a producer markets the agricultural commodity directly to consume
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7412
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Federal law — U.S. Code and appendices · legal_authorities
Page 2009
TITLE 7—AGRICULTURE
§ 7414
(15) State
The term ‘‘State’’ means any of the States,
the District of Columbia, the Commonwealth
of Puerto Rico, or any territory or possession
of the United States.
(16) Suspend
The term ‘‘suspend’’ means to issue a rule
under section 553 of title 5 to temporarily pre-
vent the operation of an order during a par-
ticular period of time specified in the rule.
(17) Terminate
The term ‘‘terminate’’ means to issue a rule
under section 553 of title 5 to cancel perma-
nently the operation of an order beginning on
a date certain specified in the rule.
(18) United States
The term ‘‘United States’’ means collec-
tively the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico and the
territories and possessions of the United
States.
(Pub. L. 104–127, title V, § 513, Apr. 4, 1996, 110
Stat. 1033; Pub. L. 113–79, title X, § 10004(f), Feb.
7, 2014, 128 Stat. 944.)
Editorial Notes
AMENDMENTS
2014—Par. (1)(E) to (G). Pub. L. 113–79 added subpar.
(E) and redesignated former subpars. (E) and (F) as (F)
and (G), respectively.
§ 7413. Issuance of orders
(a) Issuance authorized
(1) In general
To effectuate the purpose of this subchapter,
the Secretary may issue, and amend from time
to time, orders applicable to—
(A) the producers of an agricultural com-
modity;
(B) the first handlers of the agricultural
commodity and other persons in the mar-
keting chain as appropriate; and
(C) the importers of the agricultural com-
modity, if imports of the agricultural com-
modity are subject to assessment under sec-
tion 7415(f) of this title.
(2) National scope
Each order issued under this section shall be
national in scope.
(b) Procedure for issuance
(1) Development or receipt of proposed order
A proposed ord
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7413
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