7 U.S.C. § 4505 — Certification of organizations

Page 1696 TITLE 7—AGRICULTURE § 4505 title to foreign-produced dairy products immediately upon release by Customs, as well as persons who act on behalf of others, as agents, brokers, or consignees, to secure the release of dairy products from Customs.’’ Subsec. (g)(7). Pub. L. 110–246, § 1507(f), added par. (7). 2002—Subsec. (b). Pub. L. 107–171, § 1505(b), inserted heading, designated first to ninth sentences as pars. (1) to (5) and (7) to (10), respectively, and realigned mar- gins, substituted ‘‘Except as provided in paragraph (6), the members of the Board’’ for ‘‘Members of the Board’’ in par. (2) and ‘‘is produced as well as importers of dairy products’’ for ‘‘is produced’’ in par. (8), and added par. (6). Subsec. (e). Pub. L. 107–171, § 1505(c), inserted heading, designated existing provisions as par. (1), inserted heading, and struck out ‘‘For each of fiscal years 1997 through 2001, the Board’s budget may provide for the expenditure of revenues available to the Board to de- velop international markets for, and to promote within such markets, the consumption of dairy products pro- duced in the United States from milk produced in the United States.’’ at end, and added par. (2). Subsec. (g). Pub. L. 107–171, § 1505(d), inserted heading, designated first to fifth sentences as pars. (1) to (5), re- spectively, and realigned margins, inserted ‘‘for milk produced in the United States and imported dairy prod- ucts’’ after ‘‘The rate of assessment’’ and ‘‘, as deter- mined by the Secretary’’ before period at end in par. (3), and added par. (6). Subsec. (k). Pub. L. 107–171, § 1505(e), substituted ‘‘im- porter of imported dairy products, each person receiv- ing milk from farmers’’ for ‘‘person receiving milk from farmers’’ in first sentence. 1996—Subsec. (e). Pub. L. 104–127 inserted at end ‘‘For each of fiscal years 1997 through 2001, the Board’s budg- et may provide for the expenditure of revenues avail- able to the Board to develop international markets for, and to promote within such markets, the consumption of dairy products produced in the United States from milk produced in the United States.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. § 4505. Certification of organizations (a) The eligibility of any organization to rep- resent milk producers, and to participate in the making of nominations under section 4504 of this title shall be certified by the Secretary. The Secretary shall certify any organization that the Secretary determines meets the eligibility criteria established by the Secretary under this section and the Secretary’s determination as to eligibility shall be final. (b) Certification shall be based, in addition to other available information, on a factual report submitted by the organization, which shall con- tain information deemed relevant and specified by the Secretary, including, but not limited to, the following: (1) geographic territory covered by the orga- nization’s active membership; (2) nature and size of the organization’s ac- tive membership including the proportion of the total number of active milk producers rep- resented by the organization; (3) evidence of stability and permanency of the organization; (4) sources from which the organization’s op- erating funds are derived; (5) functions of the organization; and (6) the organization’s ability and willingness to further the aims and objectives of this sub- chapter. The primary considerations in determining the eligibility of an organization shall be whether its membership consists primarily of milk pro- ducers who produce a substantial volume of milk and whether the primary or overriding in- terest of the organization is in the production or processing of fluid milk and dairy products and promotion of the nutritional attributes of fluid milk and dairy products. (Pub. L. 98–180, title I, § 114, Nov. 29, 1983, 97 Stat. 1140.) § 4506. Requirement of referendum (a) Within the sixty-day period immediately preceding September 30, 1985, the Secretary shall conduct a referendum among producers who, during a representative period (as deter- mined by the Secretary), have been engaged in the production of milk for commercial use for the purpose of ascertaining whether the order then in effect shall be continued. Such order shall be continued only if the Secretary deter- mines that it has been approved by not less than a majority of the producers voting in the ref- erendum, who during a representative period (as determined by the Secretary) have been engaged in the production of milk for commercial use. If continuation of the order is not approved by a majority of the producers voting in the ref- erendum, the Secretary shall terminate collec- tion of assessments under the order within six months after the Secretary determines that such action is favored by a majority of the pro- ducers voting in the referendum and shall termi- nate the order in an orderly manner as soon as practicable after such determination. (b) The Secretary shall be reimbursed from as- sessments collected by the Board for any ex- penses incurred by the Department in connec- tion with the conduct of any referendum under this section and section 4507 of this title, except for the salaries of Government employees. (Pub. L. 98–180, title I, § 115, Nov. 29, 1983, 97 Stat. 1141.) § 4507. Suspension and termination of orders (a) Determination by Secretary After September 30, 1985, the Secretary shall, whenever the Secretary finds that any order issued under this subchapter or any provision thereof obstructs or does not tend to effectuate the declared policy of this subchapter, termi- nate or suspend the operation of such order or such provisions thereof. (b) Referendum After September 30, 1985, the Secretary may conduct a referendum at any time, and shall hold a referendum on request of a representative group comprising 10 per centum or more of the number of producers and importers subject to the order, to determine whether the producers and importers favor the termination or suspen- sion of the order. The Secretary shall suspend or terminate collection of assessments under the