7 U.S.C. § 4536 — Dairy Research Trust Fund

Page 1701 TITLE 7—AGRICULTURE § 4551 is employed by the board or the Department, shall be terminated from such employment. (Pub. L. 98–180, title I, § 133, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1369.) § 4535. Petition and review; enforcement; inves- tigations The provisions of sections 4509, 4510, and 4511 of this title shall apply, except when incon- sistent with this subchapter, to the Institute, the board, the persons subject to the order issued under section 4533(b) of this title, the ju- risdiction of district courts of the United States, and the authority of the Secretary under this subchapter in the same manner as such sections apply with respect to subchapter I. (Pub. L. 98–180, title I, § 134, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1371.) § 4536. Dairy Research Trust Fund (a) Establishment There may be established in the Treasury of the United States a trust fund to be known as the ‘‘Dairy Research Trust Fund’’ if the Insti- tute is established under section 4532 of this title and a dairy products research order issued under section 4533 of this title is effective during such fiscal year. (b) Authorization of appropriations; transfer of moneys; investments (1) There is authorized to be appropriated to the Fund or transferred from moneys available to the Commodity Credit Corporation for de- posit in the Fund, $100,000,000. (2) Moneys deposited in the Fund under para- graph (1) shall be invested by the Secretary of the Treasury in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Fed- eral Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. Interest, dividends, and other payments that accrue from such investments shall be deposited in the Fund and also shall be so invested, subject to subsection (c). (c) Availability of moneys for authorized and ap- proved activities Moneys in the Fund, other than moneys appro- priated or transferred under paragraph (1) of subsection (b), shall be available to the board, in such amounts, and for such activities authorized by this subchapter, as the Secretary may ap- prove. (Pub. L. 98–180, title I, § 135, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1371.) § 4537. Termination of order, Institute, and Fund (a) Termination or suspension of order The Secretary, whenever the Secretary finds that the order issued under this subchapter or any provision of such order obstructs or does not tend to facilitate the expansion of markets for milk and dairy products marketed in the United States, shall terminate or suspend the operation of the order or such provision. (b) Dissolution of Institute If the Secretary terminates the order, the In- stitute shall be dissolved 180 days after the ter- mination of the order. (c) Disposal of moneys in Fund If the Institute is dissolved for any reason, the moneys remaining in the Fund shall be disposed of as shall be agreed to by the board and the Secretary. (Pub. L. 98–180, title I, § 136, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1371.) § 4538. Additional authority (a) No provision of this subchapter shall be construed to preempt or supersede any other program relating to milk or dairy products re- search organized and operated under the laws of the United States or any State. (b) The provisions of this subchapter applica- ble to the order issued under section 4533(b) of this title shall be applicable to any amendment to the order. (Pub. L. 98–180, title I, § 137, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1372.) SUBCHAPTER III—INDEMNITY PAYMENTS TO DAIRY FARMERS Editorial Notes CODIFICATION Subchapter was enacted as Pub. L. 90–484, and not as part of the Dairy Production Stabilization Act of 1983 which comprises this chapter. § 4551. Indemnity payments to dairy farmers and manufacturers of dairy products; milk re- moved for its residue of chemical or toxic substances; nuclear radiation or fallout con- taminants; other legal recourse The Secretary of Agriculture is authorized to make indemnity payments for milk or cows pro- ducing such milk at a fair market value, to dairy farmers who have been directed since Jan- uary 1, 1964 (but only since August 10, 1973, in the case of indemnity payments not authorized prior to August 10, 1973), to remove their milk, and to make indemnity payments for dairy products at fair market value to manufacturers of dairy products who have been directed since November 30, 1970, to remove their dairy prod- ucts from commercial markets because of resi- dues of chemicals registered and approved for use by the Federal Government at the time of such use. The Secretary is also authorized to make indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of (1) the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or (2) residues of chemicals or toxic substances not included under the first sentence of this section if such chemicals or toxic substances were not used in a manner con- trary to applicable regulations or labeling in- structions provided at the time of use and the contamination is not due to the fault of the farmer: Provided, That no indemnity payment