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7 U.S.C. § 2901 — Congressional findings and declaration of policy
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_dc96aaf18743037cc15a760d
Source file: Laws/federal/codes/united-states-code/title-7/section-2901-congressional-findings-and-declaration-of-policy--4253c1b52d.md
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Source location: Title 7, Chapter 62, § 2901; chapter-062-beef-research-and-information.md
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**(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 domestic and foreign markets and uses for beef and beef products. Nothing in this chapter shall be construed to limit the right of individual producers to raise cattle.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) the term “beef” means flesh of cattle;
(2) the term “beef products” means edible products produced in whole or in part from beef, exclusive of milk and products made therefrom;
(3) the term “Board” means the Cattlemen’s Beef Promotion and Research Board established under [section 2904(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2904/1&num=0&edition=prelim);
(4) the term “cattle” means live domesticated bovine animals regardless of age;
(5) the term “Committee” means the Beef Promotion Operating Committee established under [section 2904(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2904/5&num=0&edition=prelim);
(6) the term “consumer information” means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparing, and use of beef and beef products;
(7) the term “Department” means the Department of Agriculture.11 So in original. The period probably should be a semicolon.
(8) the term “importer” means any person who imports cattle, beef, or beef products from outside the United States;
(9) the term “industry information” means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency, and activities to enhance the image of the cattle industry;
(10) The 22 So in original. Probably should not be capitalized. term “order” means a beef promotion and research order issued under [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2903&num=0&edition=prelim).1
(11) the term “person” means any individual, group of individuals, partnership, c
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2902
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2903
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2904
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Continuation or termination of order** For the purpose of determining whether the initial order shall be continued, not later than 22 months after the issuance of the order (or any earlier date recommended by the Board), the Secretary shall conduct a referendum among persons who have been producers or importers during a representative period, as determined by the Secretary. The order shall be continued only if the Secretary determines that it has been approved by not less than a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle. If continuation of the order is not approved by a majority of those voting in the referendum, the Secretary shall terminate collection of assessments under the order within six months after the Secretary determines that continuation of the order is not favored by a majority voting in the referendum and shall terminate the order in an orderly manner as soon as practicable after such determination.
**(b) Additional referendum to determine suspension or termination of order** After the initial referendum, the Secretary may conduct a referendum on the request of a representative group comprising 10 per centum or more of the number of cattle producers to determine whether cattle producers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle and shall terminate or suspend the order in
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2906
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of escrow account** During the period prior to the approval of the continuation of an order pursuant to the referendum required under [section 2906(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906/a&num=0&edition=prelim), subject to subsection (f), the Board shall—
(1) establish an escrow account to be used for assessment refunds;
(2) place funds in such account in accordance with subsection (b); and
(3) refund assessments to persons in accordance with this section.
**(b) Funding escrow account** Subject to subsection (f), the Board shall place in such account, from assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) during the period referred to in subsection (a), an amount equal to the product obtained by multiplying—
(1) the total amount of assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) during such period; by
(2) the greater of—
(A) the average rate of assessment refunds provided to producers under State beef promotion, research, and consumer information programs financed through producer assessments, as determined by the Board; or
(B) 15 percent.
**(c) Demand and receipt of one-time refund** Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this chapter,11 See References in Text note below. any person shall have the right to demand and receive from the Board a one-time refund of all assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2907
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restraining order; civil penalty** If the Secretary believes that the administration and enforcement of this chapter or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may—
(1) issue an order to restrain or prevent a person from violating an order; and
(2) assess a civil penalty of not more than $5,000 for violation of such order.
**(b) Jurisdiction of district court** The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation made or issued under this chapter.
**(c) Civil action to be referred to Attorney General** A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2908
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this chapter or to determine whether any person subject to this chapter has engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, the order, or any rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2909
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Nothing in this chapter may be construed to preempt or supersede any other program relating to beef promotion organized and operated under the laws of the United States or any State.
**(b)** The provisions of this chapter applicable to the order shall be applicable to amendments to the order.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2910
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such sums as may be necessary to carry out this chapter. Sums appropriated to carry out this chapter shall not be available for payment of the expenses or expenditures of the Board or the Committee in administering any provisions of the 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2911
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