7 U.S.C. § 4503 — Issuance of orders

Page 1693 TITLE 7—AGRICULTURE § 4504 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. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 4503. Issuance of orders (a) Notice and opportunity for public comment During the period beginning with November 29, 1983, and ending thirty days after receipt of a proposal for an initial dairy products pro- motion and research order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment upon the proposed order. The proposal for an order may be submitted by an organization certified under section 4505 of this title or by any interested person affected by the provisions of this sub- chapter. (b) Effective date of orders After notice and opportunity for public com- ment are given, as provided for in subsection (a) of this section, the Secretary shall issue a dairy products promotion and research order. Such order shall become effective not later than nine- ty days following publication of the proposal. (c) Amendment of orders The Secretary may, from time to time, amend a dairy products promotion and research order. (d) Order implementation and international trade obligations The Secretary, in consultation with the United States Trade Representative, shall en- sure that the order is implemented in a manner consistent with the international trade obliga- tions of the Federal Government. (Pub. L. 98–180, title I, § 112, Nov. 29, 1983, 97 Stat. 1137; Pub. L. 107–171, title I, § 1505(g), May 13, 2002, 116 Stat. 209.) Editorial Notes AMENDMENTS 2002—Subsec. (d). Pub. L. 107–171, which directed the addition of subsec. (d) at the end of section 112 of the Dairy Promotion Stabilization Act of 1983, was exe- cuted by adding subsec. (d) at the end of this section to reflect the probable intent of Congress. § 4504. Required terms in orders Any order issued under this subchapter shall contain terms and conditions as follows: (a) The order shall provide for the establish- ment and administration of appropriate plans or projects for advertisement and promotion of the sale and consumption of dairy products, for re- search projects related thereto, for nutrition education projects, and for the disbursement of necessary funds for such purposes. Any such plan or project shall be directed toward the sale and marketing or use of dairy products to the end that the marketing and use of dairy prod- ucts may be encouraged, expanded, improved, or made more acceptable. No such advertising or sales promotion program shall make use of un- fair or deceptive acts or practices with respect to the quality, value, or use of any competing product. (b) NATIONAL DAIRY PROMOTION AND RESEARCH BOARD.— (1) The order shall provide for the establish- ment and appointment by the Secretary of a National Dairy Promotion and Research Board that shall consist of not less than thirty-six members. (2) Except as provided in paragraph (6), the members of the Board shall be milk producers appointed by the Secretary from nominations submitted by eligible organizations certified under section 4505 of this title, or, if the Sec- retary determines that a substantial number of milk producers are not members of, or their interests are not represented by, any such eli- gible organization, then from nominations made by such milk producers in the manner authorized by the Secretary. (3) In making such appointments, the Sec- retary shall take into account, to the extent practicable, the geographical distribution of milk production volume throughout the United States. (4) In determining geographic representa- tion, whole States shall be considered as a unit. (5) A region may be represented by more than one director and a region may be made up of more than one State. (6) IMPORTERS.— (A) INITIAL REPRESENTATION.—In making initial appointments to the Board of im- porter representatives, the Secretary shall appoint 2 members who represent importers of dairy products and are subject to assess- ments under the order. (B) SUBSEQUENT REPRESENTATION.—At least once every 3 years after the initial ap- pointment of importer representatives under subparagraph (A), the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous 3 years and, on the basis of that review, shall re- apportion importer representation on the Board to reflect the proportional share of the United States market by domestic pro- duction and imported dairy products. (C) ADDITIONAL MEMBERS; NOMINATIONS.— The members appointed under this para- graph— (i) shall be in addition to the total num- ber of members appointed under paragraph (2); and