7 U.S.C. § 4501 — Congressional findings and declaration of

Page 1691 TITLE 7—AGRICULTURE § 4501 ganizations designated to test or inspect equipment under this chapter, such records to be made available to the Secretary upon re- quest; (7) inform contracting parties, through the Secretary of State of the United States, of all general measures taken in connection with the implementation of the agreement; and (8) take such other action as may be consid- ered appropriate to implement the agreement and administer this chapter. (Pub. L. 97–325, § 4, Oct. 15, 1982, 96 Stat. 1604.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (3) to (6) and (8), was in the original ‘‘this Act’’, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Car- riage of Perishable Foodstuffs Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4401 of this title and Tables. § 4404. Duties of Secretary of State The Secretary of State, with the concurrence of the Secretary of Agriculture, may take such action as may be considered appropriate to as- sert and protect the rights of the United States under the agreement. (Pub. L. 97–325, § 5, Oct. 15, 1982, 96 Stat. 1605.) § 4405. Fees and charges (a) Testing or inspection Any organization designated by the Secretary of Agriculture to test or inspect equipment may establish reasonable fees to cover the costs of such testing or inspection. Such fees shall be payable directly to the organization by those seeking inspection or testing. (b) Issuance of certificates of compliance The Secretary of Agriculture may, effective October 1, 1982, fix and cause to be collected rea- sonable fees to cover, as nearly as practicable, the costs to the Department of Agriculture in- curred in connection with the issuance of cer- tificates of compliance as provided under sec- tion 4403(2) of this title. All fees collected shall be credited to the current appropriation account that incurs the cost and shall be available with- out fiscal year limitation to pay the expenses of the Secretary of Agriculture incident to the issuance of certificates of compliance under this chapter. (Pub. L. 97–325, § 6, Oct. 15, 1982, 96 Stat. 1605.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Carriage of Perishable Foodstuffs Act, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4401 of this title and Tables. § 4406. Authorization of appropriations There are authorized to be appropriated to the Secretary of Agriculture for the fiscal year be- ginning October 1, 1982, and for each fiscal year thereafter, such sums as are necessary to carry out the provisions of this chapter, but not to ex- ceed $100,000 in any fiscal year. (Pub. L. 97–325, § 7, Oct. 15, 1982, 96 Stat. 1605.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 97–325, Oct. 15, 1982, 96 Stat. 1603, known as the International Carriage of Per- ishable Foodstuffs Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4401 of this title and Tables. CHAPTER 76—DAIRY RESEARCH AND PROMOTION SUBCHAPTER I—DAIRY PROMOTION PROGRAM Sec. 4501. Congressional findings and declaration of pol- icy. 4502. Definitions. 4503. Issuance of orders. 4504. Required terms in orders. 4505. Certification of organizations. 4506. Requirement of referendum. 4507. Suspension and termination of orders. 4508. Cooperative association representation. 4509. Petition and review. 4510. Enforcement. 4511. Investigations; power to subpena and take oaths and affirmations; aid of courts. 4512. Administrative provisions. 4513. Authorization of appropriations. 4514. Dairy reports. SUBCHAPTER II—DAIRY RESEARCH PROGRAM 4531. Definitions. 4532. Establishment of National Dairy Research Endowment Institute. 4533. Issuance of order. 4534. Required terms of order; agreements under order; records. 4535. Petition and review; enforcement; investiga- tions. 4536. Dairy Research Trust Fund. 4537. Termination of order, Institute, and Fund. 4538. Additional authority. SUBCHAPTER III—INDEMNITY PAYMENTS TO DAIRY FARMERS 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 contaminants; other legal recourse. 4552. Authorization of appropriations for dairy farmer indemnities. 4553. Expiration of dairy farmer indemnity pro- gram. SUBCHAPTER I—DAIRY PROMOTION PROGRAM § 4501. Congressional findings and declaration of policy (a) Congress finds that— (1) dairy products are basic foods that are a valuable part of the human diet; (2) the production of dairy products plays a significant role in the Nation’s economy, the milk from which dairy products are manufac- tured is produced by thousands of milk pro- Page 1692 TITLE 7—AGRICULTURE § 4502 ducers, and dairy products are consumed by millions of people throughout the United States; (3) dairy products must be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment; (4) the maintenance and expansion of exist- ing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using, and producing dairy products, as well as to the general economy of the Nation; and (5) dairy products move in interstate and foreign commerce, and dairy products that do not move in such channels of commerce di- rectly burden or affect interstate commerce of dairy products. (b) It, therefore, is declared to be the policy of Congress that it is in the public interest to au- thorize the establishment, through the exercise of the powers provided herein, of an orderly pro- cedure for financing (through assessments on all milk produced in the United States for commer- cial use and on imported dairy products) and carrying out a coordinated program of pro- motion designed to strengthen the dairy indus- try’s position in the marketplace and to main- tain and expand domestic and foreign markets and uses for fluid milk and dairy products. Nothing in this subchapter may be construed to provide for the control of production or other- wise limit the right of individual milk producers to produce milk or the right of any person to import dairy products. (Pub. L. 98–180, title I, § 110, Nov. 29, 1983, 97 Stat. 1136; Pub. L. 107–171, title I, § 1505(h)(1), May 13, 2002, 116 Stat. 210.) Editorial Notes AMENDMENTS 2002—Subsec. (b). Pub. L. 107–171 inserted ‘‘and on im- ported dairy products’’ after ‘‘commercial use’’ and struck out ‘‘produced in the United States’’ after ‘‘fluid milk and dairy products’’ in first sentence and inserted ‘‘or the right of any person to import dairy products’’ before period at end of second sentence. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title I of Pub. L. 98–180 as the ‘‘Dairy Production Stabilization Act of 1983’’, see Short Title of 1983 Amendment note set out under section 1421 of this title. § 4502. Definitions As used in this subchapter— (a) the term ‘‘Board’’ means the National Dairy Promotion and Research Board estab- lished under section 4504 of this title; (b) the term ‘‘Department’’ means the De- partment of Agriculture; (c) the term ‘‘Secretary’’ means the Sec- retary of Agriculture; (d) the term ‘‘milk’’ means any class of cow’s milk; (e) the term ‘‘dairy products’’ means prod- ucts manufactured for human consumption which are derived from the processing of milk, and includes fluid milk products; (f) the term ‘‘fluid milk products’’ means those milk products normally consumed in liq- uid form as a beverage; (g) the term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity; (h) the term ‘‘producer’’ means any person engaged in the production of milk for commer- cial use; (i) the term ‘‘promotion’’ means actions such as paid advertising, sales promotion, and publicity to advance the image and sales of and demand for dairy products; (j) the term ‘‘research’’ means studies test- ing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of milk and dairy products, and other related efforts to expand demand for milk and dairy products; (k) the term ‘‘nutrition education’’ means those activities intended to broaden the un- derstanding of sound nutritional principles in- cluding the role of milk and dairy products in a balanced diet; (l) the term ‘‘United States’’, when used in a geographical sense, means all of the States, the District of Columbia, and the Common- wealth of Puerto Rico; (m) the term ‘‘imported dairy product’’ means any dairy product that is imported into the United States, including dairy products imported into the United States in the form of— (1) milk, cream, and fresh and dried dairy products; (2) butter and butterfat mixtures; (3) cheese; and (4) casein and mixtures; (n) the term ‘‘importer’’ means a person that imports an imported dairy product into the United States; and (o) the term ‘‘Customs’’ means the United States Customs Service. (Pub. L. 98–180, title I, § 111, Nov. 29, 1983, 97 Stat. 1136; Pub. L. 107–171, title I, § 1505(a), (h)(2), May 13, 2002, 116 Stat. 207, 210; Pub. L. 110–234, title I, § 1507(b), May 22, 2008, 122 Stat. 997; Pub. L. 110–246, § 4(a), title I, § 1507(b), June 18, 2008, 122 Stat. 1664, 1725.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (l). Pub. L. 110–246, § 1507(b)(1), added subsec. (l) and struck out former subsec. (l) which read as follows: ‘‘the term ‘United States’ as used in sec- tions 4501 through 4508 of this title means the forty- eight contiguous States in the continental United States;’’. Subsec. (m). Pub. L. 110–246, § 1507(b)(2), struck out ‘‘(as defined in subsection (l) of this section)’’ before ‘‘, including’’. 2002—Subsec. (d). Pub. L. 107–171, § 1505(h)(2), struck out ‘‘produced in the United States’’ before semicolon at end. Subsec. (m) to (o). Pub. L. 107–171, § 1505(a), added sub- secs. (m) to (o).