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7 U.S.C. § 7401 — Commodity promotion and evaluation

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

7 U.S.C. § 7401 — Commodity promotion and evaluation

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Source location: Title 7, Chapter 101, § 7401; chapter-101-agricultural-promotion.md

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**(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-section4801&num=0&edition=prelim) et seq.); (9) subtitle C of title XVI of Public Law 99–198 ([7 U.S.C. 4901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4901&num=0&edition=prelim) et seq.); (10) subtitle B of title XIX of Public Law 101–624 ([7 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6101&num=0&edition=prelim) et seq.); (11) subtitle E of title XIX of Public Law 101–624 ([7 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6301&num=0&edition=prelim) et seq.); (12) subtitle H of title XIX of Public Law 101–624 ([7 U.S.C. 6401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6401&num=0&edition=prelim) et seq.); (13) Public Law 103–190 ([7 U.S.C. 6801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6801&num=0&edition=prelim) et seq.); (14) Public Law 103–407 ([7 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7101&num=0&edition=prelim) et seq.); (15) subchapter II; (16) subchapter III; (17) subchapter IV; (18) subchapter V; or (19) any other provision of law enacted after April 4, 1996, that provides for the establishment and operation of a promotion program described in the first sentence. **(b) Findings** Congress finds the following: (1) It is in the national public interest and vital to the welfare of the agricultural economy of the United States to maintain and expand existing markets and develop new markets and uses for agricultural commodities through industry-funded, Government-supervised, generic commodity promotion programs established under commodity promotion laws. (2) These generic commodity promotion programs, funded by the agricultural producers or processors who most directly reap the benefits of the programs and supervised by the Secretary of Agriculture, provide a unique opportunity for producers and processors to inform consumers about their products. (3) The central congressional purpose underlying each commodity promotion law has always been to maintain and expand markets for the agricultural commodity covered by the law, rather than to maintain or expand the share of those markets held by any individual producer or processor. (4) The commodity promotion laws were neither designed nor intended to prohibit or restrict, and the promotion programs established and funded pursuant to these laws do not prohibit or restrict, individual advertising or promotion of the covered commodities by any producer, processor, or group of producers or processors. (5) It has never been the intent of Congress for the generic commodity promotion programs established and funded by the commodity promotion laws to replace the individual advertising and promotion efforts of producers or processors. (6) An individual producer’s or processor’s own advertising initiatives are typically designed to increase the share of the market held by that producer or processor rather than to increase or expand the overall size of the market. (7) In contrast, a generic commodity promotion program is intended and designed to maintain or increase the overall demand for the agricultural commodity covered by the program and increase the size of the market for that commodity, often by utilizing promotion methods and techniques that individual producers and processors typically are unable, or have no incentive, to employ. (8) The commodity promotion laws establish promotion programs that operate as “self-help” mechanisms for producers and processors to fund generic promotions for covered commodities which, under the required supervision and oversight of the Secretary of Agriculture— (A) further specific national governmental goals, as established by Congress; and (B) produce nonideological and commercial communication the purpose of which is to further the governmental policy and objective of maintaining and expanding the markets for the covered commodities. (9) While some commodity promotion laws grant a producer or processor the option of crediting individual advertising conducted by the producer or processor for all or a portion of the producer’s or processor’s marketing promotion assessments, all promotion programs established under the commodity promotion laws, both those programs that permit credit for individual advertising and those programs that do not contain such provisions, are very narrowly tailored to fulfill the congressional purposes of the commodity promotion laws without impairing or infringing the legal or constitutional rights of any individual producer or processor. (10) These generic commodity promotion programs are of particular benefit to small producers who often lack the resources or market power to advertise on their own and who are otherwise often unable to benefit from the economies of scale available in promotion and advertising. (11) Periodic independent evaluation of the effectiveness of these generic commodity promotion programs will assist Congress and the Secretary of Agriculture in ensuring that the objectives of the programs are met. **(c) Independent evaluation of promotion program effectiveness** Except as otherwise provided by law, each commodity board established under the supervision and oversight of the Secretary of Agriculture pursuant to a commodity promotion law shall, not less often than every 5 years, authorize and fund, from funds otherwise available to the board, an independent evaluation of the effectiveness of the generic commodity promotion programs and other programs conducted by the board pursuant to a commodity promotion law. The board shall submit to the Secretary, and make available to the public, the results of each periodic independent evaluation conducted under this subsection. **(d) Administrative costs** The Secretary shall annually provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate information on administrative expenses on programs established under commodity promotion laws. **(e) Exemption of certified organic products from promotion order assessments** (1) **In general** — Notwithstanding any provision of a commodity promotion law, a person that produces, handles, markets, or imports organic products may be exempt from the payment of an assessment under a commodity promotion law with respect to any agricultural commodity that is certified as “organic” or “100 percent organic” (as defined in part 205 of title 7, Code of Federal Regulations (or a successor regulation)). (2) **Split operations** — The exemption described in paragraph (1) shall apply to the certified “organic” or “100 percent organic” (as defined in part 205 of title 7 of the Code of Federal Regulations (or a successor regulation)) products of a producer, handler, or marketer regardless of whether the agricultural commodity subject to the exemption is produced, handled, or marketed by a person that also produces, handles, or markets conventional or nonorganic agricultural products, including conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed. (3) **Approval** — The Secretary shall approve the exemption of a person under this subsection if the person maintains a valid organic certificate issued under the Organic Foods Production Act of 1990 ([7 U.S.C. 6501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6501&num=0&edition=prelim) et seq.). (4) **Termination of effectiveness** — This subsection shall be effective until the date on which the Secretary issues an organic commodity promotion order in accordance with subsection (f). (5) **Regulations** — The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1). **(f) Organic commodity promotion order** (1) **Definitions** — In this subsection: (A) *Certified organic farm* — The term “certified organic farm” has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 ([7 U.S.C. 6502](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6502&num=0&edition=prelim)). (B) *Covered person* — The term “covered person” means a producer, handler, marketer, or importer of an organic agricultural commodity. (C) *Dual-covered agricultural commodity* — The term “dual-covered agricultural commodity” means an agricultural commodity that— (i) is produced on a certified organic farm; and (ii) is covered under both— (I) an organic commodity promotion order issued pursuant to paragraph (2); and (II) any other agricultural commodity promotion order issued under a commodity promotion law. (2) **Authorization** — The Secretary may issue an organic commodity promotion order under [section 7413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7413&num=0&edition=prelim) that includes any agricultural commodity that— (A) is produced or handled (as defined in section 2103 of the Organic Foods Production Act of 1990 ([7 U.S.C. 6502](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6502&num=0&edition=prelim))) and that is 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)); or (B) is imported with a valid organic certificate (as defined in that part). (3) **Election** — If the Secretary issues an organic commodity promotion order described in paragraph (2), a covered person may elect, for applicable dual-covered agricultural commodities and in the sole discretion of the covered person, whether to be assessed under the organic commodity promotion order or another applicable agricultural commodity promotion order. (4) **Regulations** — The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1).

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

7 U.S.C. § 2611 — Congressional findings and declaration of policy

Potatoes are a basic food in the United States and foreign countries. They are produced by many individual potato growers in every State in the United States and imported into the United States from foreign countries. In 1966, there were one million four hundred and ninety-seven thousand acres of cropland in the United States devoted to the production of potatoes.

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

7 U.S.C. § 7101 — Findings and declaration of policy

**(a) Findings** Congress finds that— (1) sheep and sheep products are important goods; (2) the production of sheep and sheep products play a significant role in the economy of the United States in that sheep and sheep products are produced throughout the United States and used by millions of people throughout the United States and foreign countries; (3) sheep and sheep products must be high quality, readily available, handled properly, and marketed efficiently to ensure that consumers have an adequate supply of sheep products; (4) the maintenance and expansion of existing markets and development of new markets for sheep and sheep products are vital to the welfare of sheep producers and persons concerned with marketing, using, and producing sheep and sheep products, as well as to the general economy of the United States, and necessary to ensure the ready availability and efficient marketing of sheep and sheep products; (5) there exist established State organizations conducting sheep and sheep product promotion, research, and industry and consumer education programs that are invaluable to the efforts of promoting the consumption of sheep and sheep products; (6) the cooperative development, financing, and implementation of a coordinated national program of sheep and sheep product promotion, research, consumer information, education, and industry information are necessary to maintain and expand existing markets and develop new markets for sheep and sheep products; and (7) sheep and sheep products move in interstate and foreign commerce, and sheep and sheep products that do not move in such channels of commerce directly burden or affect interstate commerce in sheep and sheep products. **(b) Policy** It is the policy of Congress that it is in the public interest to a

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

7 U.S.C. § 2101 — Congressional declaration of policy

Cotton is the basic natural fiber of the Nation. It is produced by many individual cottongrowers throughout the various cotton-producing States of the Nation and also outside the United States. Cotton moves in the channels of interstate and foreign commerce and such cotton which does not move in such channels directly burdens or affects interstate commerce in cotton and cotton products. The efficient production of cotton and the maintenance and expansion of existing markets and the development of new or improved markets and uses is vital to the welfare of cottongrowers and those concerned with marketing, using, and processing cotton as well as the general economy of the Nation. The great inroads on the market and uses for cotton which have been made by manmade fibers have been largely the result of extensive research and promotion which have not been effectively matched by cotton research and promotion. The production and marketing of cotton by numerous individual farmers have prevented the development and carrying out of adequate and coordinated programs of research and promotion necessary to the maintenance and improvement of the competitive position of, and markets for, cotton. Without an effective and coordinated method for assuring cooperative and collective action in providing for, and financing such programs, individual cotton farmers are unable adequately to provide or obtain the research and promotion necessary to maintain and improve markets for cotton.

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

7 U.S.C. § 6502 — Definitions

As used in this chapter: (1) **Agricultural product** — The term “agricultural product” means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed in the United States for human or livestock consumption. (2) **Botanical pesticides** — The term “botanical pesticides” means natural pesticides derived from plants. (3) **Certifying agent** (A) *In general* — The term “certifying agent” means the chief executive officer of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, and any person (including private entities) who is accredited by the Secretary as a certifying agent for the purpose of certifying a farm or handling operation as a certified organic farm or handling operation in accordance with this chapter. (B) *Foreign operations* — When used in the context of a certifying agent operating in a foreign country, the term “certifying agent” includes any person (including a private entity)— (i) accredited in accordance with [section 6514(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6514/d&num=0&edition=prelim); or (ii) accredited by a foreign government that acted under an equivalency agreement negotiated between the United States and the foreign government from which the agricultural product is imported. (4) **Certified organic farm** — The term “certified organic farm” means a farm, or portion of a farm, or site where agricultural products or livestock are produced, that is certified by the certifying agent under this chapter as utilizing a system of organic farming as descr

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

7 U.S.C. § 6401 — Findings and declaration of policy

**(a) Findings** Congress finds that— (1) fluid milk products are basic foods and are a primary source of required nutrients such as calcium, and otherwise are a valuable part of the human diet; (2) fluid milk products must be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment; (3) the dairy industry plays a significant role in the economy of the United States, in that milk is produced by thousands of milk producers and dairy products (including fluid milk products) are consumed every day by millions of people in the United States; (4) the processing of milk into fluid milk products and the marketing of such products are important to the dairy industry because the fluid milk segment of the dairy market contributes substantially to ensuring that the prices paid to milk producers for raw milk are stable and adequate to maintain the overall strength of the dairy industry; (5) the maintenance and expansion of markets for fluid milk products are vital to the Nation’s fluid milk processors and milk producers, as well as to the general economy of the United States; (6) the congressional purpose underlying this chapter is to maintain and expand markets for fluid milk products, not to maintain or expand any processor’s share of those markets and that the chapter does not prohibit or restrict individual advertising or promotion of fluid milk products since the programs created and funded by this chapter are not extended to replace individual advertising and promotion efforts; (7) the cooperative development, financing, and implementation of a coordinated program of advertising and promotion of fluid milk products is necessary to maintain and expand markets for fluid milk products; (8) it is appropriate to

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

7 U.S.C. § 6301 — Findings and declaration of policy

**(a) Findings** Congress finds that— (1) soybeans are an important source of nutritious foods that are a valuable part of the human diet and are an important feedstuff for the livestock industry; (2) the production of soybeans plays a significant role in the economy of the United States in that soybeans are produced by thousands of soybean producers, processed by numerous processing entities, and soybeans and soybean products produced in the United States are consumed by people and livestock throughout the United States and foreign countries; (3) soybeans and soybean products should be readily available and marketed efficiently to ensure that consumers have an adequate supply of soybean products at a reasonable price; (4) the maintenance and expansion of existing markets and development of new markets for soybeans and soybean products are vital to the welfare of soybean producers and processors and those concerned with marketing soybeans and soybean products, as well as to the general economy of the United States, and are necessary to ensure the ready availability and efficient marketing of soybeans and soybean products; (5) there exist established State and national organizations conducting soybean promotion, research, and consumer education programs that are valuable to the efforts of promoting the consumption of soybeans and soybean products; (6) the cooperative development, financing, and implementation of a coordinated national program of soybean promotion, research, consumer information, and industry information are necessary to maintain and expand existing markets and develop new markets for soybeans and soybean products; and (7) soybeans and soybean products move in interstate and foreign commerce, and soybeans and soybean products that do not move in su

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

7 U.S.C. § 4801 — Congressional findings and declaration of purpose

**(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

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

7 U.S.C. § 6501 — Purposes

It is the purpose of this chapter— (1) to establish national standards governing the marketing of certain agricultural products as organically produced products; (2) to assure consumers that organically produced products meet a consistent standard; and (3) to facilitate interstate commerce in fresh and processed food that is organically produced.

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

7 U.S.C. § 6101 — Findings and declaration of policy

**(a) Findings** Congress finds that— (1) mushrooms are an important food that is a valuable part of the human diet; (2) the production of mushrooms plays a significant role in the Nation’s economy in that mushrooms are produced by hundreds of mushroom producers, distributed through thousands of wholesale and retail outlets, and consumed by millions of people throughout the United States and foreign countries; (3) mushroom production benefits the environment by efficiently using agricultural byproducts; (4) mushrooms must be high quality, readily available, handled properly, and marketed efficiently to ensure that the benefits of this important product are available to the people of the United States; (5) the maintenance and expansion of existing markets and uses, and the development of new markets and uses, for mushrooms are vital to the welfare of producers and those concerned with marketing and using mushrooms, as well as to the agricultural economy of the Nation; (6) the cooperative development, financing, and implementation of a coordinated program of mushroom promotion, research, and consumer information are necessary to maintain and expand existing markets for mushrooms; and (7) mushrooms move in interstate and foreign commerce, and mushrooms that do not move in such channels of commerce directly burden or affect interstate commerce in mushrooms. **(b) Policy** It 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 in this chapter, of an orderly procedure for developing, financing through adequate assessments on mushrooms produced domestically or imported into the United States, and carrying out, an effective, continuous, and coordinated program of promotion

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

7 U.S.C. § 4901 — Congressional findings and declaration of policy

**(a)** Congress finds that— (1) the per capita consumption of watermelons in the United States has declined steadily in recent years; (2) watermelons are an important cash crop to many farmers in the United States and are an economical, enjoyable, and healthful food for consumers; (3) approximately 2,607,600,000 pounds of watermelons with a farm value of $158,923,000 were produced in 1981 in the United States; (4) watermelons move in the channels of interstate commerce, and watermelons that do not move in such channels directly affect interstate commerce; (5) the maintenance and expansion of existing markets and the establishment of new or improved markets and uses for watermelons are vital to the welfare of watermelon growers and those concerned with marketing, using, handling, and importing watermelons, as well as the general economic welfare of the Nation; and (6) the development and implementation of coordinated programs of research, development, advertising, and promotion are necessary to maintain and expand existing markets and establish new or improved markets and uses for watermelons. **(b)** It is declared to be the policy of Congress that it is essential in the public interest, through the exercise of the powers provided herein, to authorize the establishment of an orderly procedure for the development, financing (through adequate assessments on watermelons harvested in the United States, or imported into the United States, for commercial use), and carrying out of an effective, continuous, and coordinated program of research, development, advertising, and promotion designed to strengthen the watermelon’s competitive position in the marketplace, and establish, maintain, and expand domestic and foreign markets for watermelons. The purpose of this chapter

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