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7 U.S.C. § 2905 — Certification of organizations to nominate

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

7 U.S.C. § 2905 — Certification of organizations to nominate

**(a) Eligibility of State organization certified by Secretary; eligibility criteria** The eligibility of any State organization to represent producers and to participate in the making of nominations under [section 2904(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2904/1&num=0&edition=prelim) shall be certified by the Secretary. The Secretary shall certify any State organization that the Secretary determines meets the eligibility criteria established under subsection (b) and such determination as to eligibility shall be final. **(b) State cattle association or State general farm organization** A State cattle association or State general farm organization may be certified as described in subsection (a) if such association or organization meets all of the following eligibility criteria: (1) The association or organization’s total paid membership is comprised of at least a majority of cattle producers or the association or organization’s total paid membership represents at least a majority of the cattle producers in the State. (2) The association or organization represents a substantial number of producers that produce a substantial number of cattle in the State. (3) The association or organization has a history of stability and permanency. (4) A primary or overriding purpose of the association or organization is to promote the economic welfare of cattle producers. **(c) Factual report basis for certification of State cattle association and State general farm association** Certification of State cattle associations and State general farm organizations shall be based on a factual report submitted by the association or organization involved. **(d) Certification of more than one State organization; caucus** If more than o

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Stable record: federal_law:legal_authorities:record_usc_d82440d03af12fd56e73d9e8
Source file: Laws/federal/codes/united-states-code/title-7/section-2905-certification-of-organizations-to-nominate--a074355eca.md
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Source location: Title 7, Chapter 62, § 2905; chapter-062-beef-research-and-information.md

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**(a) Eligibility of State organization certified by Secretary; eligibility criteria** The eligibility of any State organization to represent producers and to participate in the making of nominations under [section 2904(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2904/1&num=0&edition=prelim) shall be certified by the Secretary. The Secretary shall certify any State organization that the Secretary determines meets the eligibility criteria established under subsection (b) and such determination as to eligibility shall be final. **(b) State cattle association or State general farm organization** A State cattle association or State general farm organization may be certified as described in subsection (a) if such association or organization meets all of the following eligibility criteria: (1) The association or organization’s total paid membership is comprised of at least a majority of cattle producers or the association or organization’s total paid membership represents at least a majority of the cattle producers in the State. (2) The association or organization represents a substantial number of producers that produce a substantial number of cattle in the State. (3) The association or organization has a history of stability and permanency. (4) A primary or overriding purpose of the association or organization is to promote the economic welfare of cattle producers. **(c) Factual report basis for certification of State cattle association and State general farm association** Certification of State cattle associations and State general farm organizations shall be based on a factual report submitted by the association or organization involved. **(d) Certification of more than one State organization; caucus** If more than one State organization is certified in a State (or in a unit referred to in [section 2904(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2904/1&num=0&edition=prelim)), such organizations may caucus to determine any of such State’s (or such unit’s) nominations under [section 2904(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2904/1&num=0&edition=prelim).

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

7 U.S.C. § 2901 — Congressional findings and declaration of policy

**(a)** Congress finds that— (1) beef and beef products are basic foods that are a valuable part of human diet; (2) the production of beef and beef products plays a significant role in the Nation’s economy, beef and beef products are produced by thousands of beef producers and processed by numerous processing entities, and beef and beef products are consumed by millions of people throughout the United States and foreign countries; (3) beef and beef products should be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment; (4) the maintenance and expansion of existing markets for beef and beef products are vital to the welfare of beef producers and those concerned with marketing, using, and producing beef products, as well as to the general economy of the Nation; (5) there exist established State and national organizations conducting beef promotion, research, and consumer education programs that are invaluable to the efforts of promoting the consumption of beef and beef products; and (6) beef and beef products move in interstate and foreign commerce, and beef and beef products that do not move in such channels of commerce directly burden or affect interstate commerce of beef and beef products. **(b)** It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all cattle sold in the United States and on cattle, beef, and beef products imported into the United States) and carrying out a coordinated program of promotion and research designed to strengthen the beef industry’s position in the marketplace and to maintain and expand d

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

7 U.S.C. § 2903 — Issuance of orders

**(a)** During the period beginning on January 1, 1986, and ending thirty days after receipt of a proposal for a beef promotion and research order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment on such proposed order. Such proposal may be submitted by any organization meeting the requirements for certification under [section 2905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2905&num=0&edition=prelim) or any interested person, including the Secretary. **(b)** After notice and opportunity for public comment are given, as provided for in subsection (a), the Secretary shall issue a beef promotion and research order. The order shall become effective not later than one hundred and twenty days following publication of the proposed order.

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

7 U.S.C. § 2904 — Required terms in orders

An order issued under [section 2903(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2903/b&num=0&edition=prelim) shall contain the following terms and conditions: (1) The order shall provide for the establishment and selection of a Cattlemen’s Beef Promotion and Research Board. Members of the Board shall be cattle producers and importers appointed by the Secretary from (A) nominations submitted by eligible State organizations certified under [section 2905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2905&num=0&edition=prelim) (or, if the Secretary determines that there is no eligible State organization in a State, the Secretary may provide for nominations from such State to be made in a different manner), and (B) nominations submitted by importers under such procedures as the Secretary determines appropriate. In determining geographic representation for cattle producers on the Board, whole States shall be considered as a unit. Each State that has a total cattle inventory greater than five hundred thousand head shall be entitled to at least one representative on the Board. A State that has a total inventory of fewer than 500,000 cattle shall be grouped, as far as practicable, with other States each of which has a combined total inventory of not less than 500,000 cattle, into geographically contiguous units in a manner prescribed in the order. A unit may be represented on the Board by more than one member. For each additional million head of cattle within a unit, such unit shall be entitled to an additional member on the Board. The Board may recommend a change in the level of inventory per unit necessary for representation on the Board and, on such recommendation, the Secretary may

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

7 U.S.C. § 2912 to 2918 — Omitted

### Statutory Notes #### Codification Sections 2912 to 2918 of this title were omitted in the general revision of this chapter by Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1597. Section 2912, Pub. L. 94–294, § 13, May 28, 1976, 90 Stat. 535, related to administrative review of orders, petition for such review, a hearing, and judicial review. Section 2913, Pub. L. 94–294, § 14, May 28, 1976, 90 Stat. 536, related to enforcement of orders, referral of civil actions to Attorney General, penalties for willful violations, and availability of additional remedies. See [section 2908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2908&num=0&edition=prelim). Section 2914, Pub. L. 94–294, § 15, May 28, 1976, 90 Stat. 536, related to certification of organizations and contents of a factual report as criteria. See [section 2905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2905&num=0&edition=prelim). Section 2915, Pub. L. 94–294, § 16, May 28, 1976, 90 Stat. 537, provided that nothing in this chapter be construed to interfere with workings of any State beef board, council, or other promotion entity. See [section 2910(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2910/a&num=0&edition=prelim). Section 2916, Pub. L. 94–294, § 17, May 28, 1976, 90 Stat. 537, authorized Secretary to promulgate regulations to carry out this chapter. Section 2917, Pub. L. 94–294, § 18, May 28, 1976, 90 Stat. 537, related to investigations by Secretary, oaths and affirmations, subpenas, judicial enforcement, contempt proceedings, and service of process. See [section 2909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-tit

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

7 U.S.C. § 2905 — Certification of organizations to nominate

Page 1546 TITLE 7—AGRICULTURE § 2905 (12) The order shall contain terms and condi- tions, not inconsistent with the provisions of this chapter, as necessary to effectuate the provisions of the order. (Pub. L. 94–294, § 5, May 28, 1976, 90 Stat. 530; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1599.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to required terms in or- ders for provisions relating to notice and hearing upon proposed orders. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title. § 2905. Certification of organizations to nominate (a) Eligibility of State organization certified by Secretary; eligibility criteria The eligibility of any State organization to represent producers and to participate in the making of nominations under section 2904(1) of this title shall be certified by the Secretary. The Secretary shall certify any State organization that the Secretary determines meets the eligi- bility criteria established under subsection (b) and such determination as to eligibility shall be final. (b) State cattle association or State general farm organization A State cattle association or State general farm organization may be certified as described in subsection (a) if such association or organiza- tion meets all of the following eligibility cri- teria: (1) The association or organization’s total paid membership is comprised of at least a majority of cattle producers or the association or organization’s total paid membership rep- resents at least a majority of the cattle pro- ducers in t

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