7 U.S.C. § 4804 — Notice and hearing

Page 1721 TITLE 7—AGRICULTURE § 4806 (14) The term ‘‘Secretary’’ means the Sec- retary of Agriculture. (15) The term ‘‘State’’ means each of the 50 States. (16) The term ‘‘State association’’ means— (A) the single organization of pork pro- ducers in a State that is— (i) organized under the laws of the State in which such association operates; and (ii) recognized by the chief executive of- ficer of such State as representing the pork producers of such State; or (B) if such organization does not exist on January 1, 1986, an organization that rep- resents not fewer than 50 pork producers who market annually, in the aggregate, not less than 10 percent of the volume (measured in pounds) of porcine animals marketed in such State. (17) The term ‘‘to market’’ means to sell or to otherwise dispose of a porcine animal, pork, or pork product in commerce. (Pub. L. 99–198, title XVI, § 1613, Dec. 23, 1985, 99 Stat. 1607.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4803. Pork and pork product orders (a) To carry out this chapter, the Secretary shall, in accordance with this chapter, issue and, from time to time, amend orders applicable to persons engaged in— (1) the production and sale of porcine ani- mals, pork, and pork products in the United States; and (2) the importation of porcine animals, pork, or pork products into the United States. (b) The Secretary may issue such regulations as are necessary to carry out this chapter. (Pub. L. 99–198, title XVI, § 1614, Dec. 23, 1985, 99 Stat. 1609.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4804. Notice and hearing During the period beginning on January 1, 1986, and ending 30 days after receipt of a pro- posal for an initial order submitted by any per- son affected by this chapter, the Secretary shall— (1) publish such proposed order; and (2) give due notice of and opportunity for public comment on such proposed order. (Pub. L. 99–198, title XVI, § 1615, Dec. 23, 1985, 99 Stat. 1609.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4805. Findings and issuance of orders (a) Necessary findings After notice and opportunity for public com- ment have been provided in accordance with sec- tion 4804 of this title, the Secretary shall issue and publish an order if the Secretary finds, and sets forth in such order, that the issuance of such order and all terms and conditions thereof will assist in carrying out this chapter. (b) Number of orders in effect at a time Not more than one order may be in effect at a time. (c) Effective date An order shall become effective on a date that is not more than 90 days following the publica- tion of such order. (d) Terms and conditions An order shall contain such terms and condi- tions as are required in sections 4806 through 4809 of this title and, except as provided in sec- tion 4810 of this title, no others. (Pub. L. 99–198, title XVI, § 1616, Dec. 23, 1985, 99 Stat. 1609.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4806. National Pork Producers Delegate Body (a) Establishment and appointment The order shall provide for the establishment and appointment by the Secretary, not later than 60 days after the effective date of such order, of a National Pork Producers Delegate Body. (b) Membership; number of producer members; number of importer members (1) The Delegate Body shall consist of— (A) producers, as appointed by the Secretary in accordance with paragraph (2), from nomi- nees submitted as follows: (i) in the case of the initial Delegate Body appointed by each State in accordance with section 4807 of this title. (ii) in the case of each succeeding Delegate Body, each State association shall submit nominations selected by such association pursuant to a selection process that— (I) is approved by the Secretary; (II) requires public notice of the process to be given at least one week in advance by publication in a newspaper or news- paper of general circulation in such State and in pork production and agriculture trade publications; and (III) that provides complete and equal access to the nominating process to every producer who has paid all assessments due under section 4809 of this title and not de- manded a refund under section 4813 of this title, or pursuant to an election of nominees con- ducted in accordance with section 4807 of this title.