7 U.S.C. § 6401 — Findings and declaration of policy

Page 1862 TITLE 7—AGRICULTURE § 6310 1 So in original. Probably should be paragraph ‘‘(7)’’. qualified State soybean board in that State may collect from producers on soybeans pro- duced in such State, or that has the effect of limiting such rate, may be applied to prohibit such State board from collecting, and expend- ing for authorized purposes, assessments from producers of up to the full amount of the cred- it authorized for producer contributions to qualified State soybean boards under section 6304(l)(4) of this title. (c) Amendments to orders The provisions of this chapter applicable to or- ders shall be applicable to amendments to or- ders. (Pub. L. 101–624, title XIX, § 1974, Nov. 28, 1990, 104 Stat. 3903; Pub. L. 102–237, title VIII, § 806(3), Dec. 13, 1991, 105 Stat. 1883.) Editorial Notes AMENDMENTS 1991—Subsec. (b). Pub. L. 102–237, § 806(3)(B), redesig- nated second subsec. (b), relating to amendments to or- ders, as (c). Subsec. (b)(3). Pub. L. 102–237, § 806(3)(A), substituted ‘‘section 6304(l)(4)’’ for ‘‘section 6304(k)(4)’’. Subsec. (c). Pub. L. 102–237, § 806(3)(B), redesignated second subsec. (b), relating to amendments of orders, as (c). § 6310. Suspension or termination of orders The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the de- clared policy of this chapter, terminate or sus- pend the operation of such order or provision. The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this chapter. (Pub. L. 101–624, title XIX, § 1975, Nov. 28, 1990, 104 Stat. 3904.) § 6311. Authorization of appropriations; regula- tions (a) In general There are authorized to be appropriated for each fiscal year such funds as are necessary to carry out this chapter. (b) Administrative expenses Funds appropriated under subsection (a) shall not be available for payment of the expenses or expenditures of the Board or the Committee in administering any provision of any order issued under this chapter. (c) Regulations The Secretary may issue such regulations as are necessary to carry out this chapter, includ- ing regulations relating to the assessment of late payment charges. (Pub. L. 101–624, title XIX, § 1976, Nov. 28, 1990, 104 Stat. 3904.) CHAPTER 93—PROCESSOR-FUNDED MILK PROMOTION PROGRAM Sec. 6401. Findings and declaration of policy. 6402. Definitions. Sec. 6403. Authority to issue orders. 6404. Notice and comment. 6405. Findings and issuance of orders. 6406. Regulations. 6407. Required terms in orders. 6408. Permissive terms. 6409. Assessments. 6410. Petition and review. 6411. Enforcement. 6412. Investigations and power to subpoena. 6413. Requirement of initial referendum. 6414. Suspension or termination of orders. 6415. Amendments. 6416. Independent evaluation of programs. 6417. Authorization of appropriations. § 6401. Findings and declaration of policy (a) Findings Congress finds that— (1) fluid milk products are basic foods and are a primary source of required nutrients such as calcium, and otherwise are a valuable part of the human diet; (2) fluid milk products must be readily avail- able and marketed efficiently to ensure that the people of the United States receive ade- quate nourishment; (3) the dairy industry plays a significant role in the economy of the United States, in that milk is produced by thousands of milk pro- ducers and dairy products (including fluid milk products) are consumed every day by millions of people in the United States; (4) the processing of milk into fluid milk products and the marketing of such products are important to the dairy industry because the fluid milk segment of the dairy market contributes substantially to ensuring that the prices paid to milk producers for raw milk are stable and adequate to maintain the overall strength of the dairy industry; (5) the maintenance and expansion of mar- kets for fluid milk products are vital to the Nation’s fluid milk processors and milk pro- ducers, as well as to the general economy of the United States; (6) the congressional purpose underlying this chapter is to maintain and expand markets for fluid milk products, not to maintain or expand any processor’s share of those markets and that the chapter does not prohibit or restrict individual advertising or promotion of fluid milk products since the programs created and funded by this chapter are not extended to re- place individual advertising and promotion ef- forts; (7) the cooperative development, financing, and implementation of a coordinated program of advertising and promotion of fluid milk products is necessary to maintain and expand markets for fluid milk products; (8) it is appropriate to finance the coopera- tive program described in paragraph (6) 1 with self-help assessments paid by the fluid milk processors; and (9) fluid milk products move in interstate and foreign commerce, and fluid milk products that do not move in such channels of com- merce directly burden or affect interstate commerce in fluid milk products. Page 1863 TITLE 7—AGRICULTURE § 6402 (b) Policy It is declared to be the policy of Congress that it is in the public interest to authorize the es- tablishment, through the exercise of powers pro- vided in this chapter, of an orderly procedure for developing, financing, through adequate assess- ments on fluid milk products produced in the United States and carrying out an effective, continuous, and coordinated program of pro- motion, research, and consumer information de- signed to strengthen the position of the dairy in- dustry in the marketplace and maintain and ex- pand domestic and foreign markets and uses for fluid milk products, the purpose of which is not to compete with or replace individual adver- tising or promotion efforts designed to promote individual brand name or trade name fluid milk products, but rather to maintain and expand the markets for all fluid milk products, with the goal and purpose of this chapter being a na- tional governmental goal that authorizes and funds programs that result in government speech promoting government objectives. (Pub. L. 101–624, title XIX, § 1999B, Nov. 28, 1990, 104 Stat. 3914; Pub. L. 104–127, title I, § 146(a), (b), Apr. 4, 1996, 110 Stat. 918.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(6) to (9). Pub. L. 104–127, § 146(a), added par. (6) and redesignated former pars. (6) to (8) as (7) to (9), respectively. Subsec. (b). Pub. L. 104–127, § 146(b), amended heading and text of subsec. (b) generally. Text read as follows: ‘‘It is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for developing, financ- ing (through adequate assessments on fluid milk prod- ucts produced in the United States) and carrying out an effective and coordinated program of advertising de- signed to strengthen the position of the dairy industry in the marketplace and to maintain and expand mar- kets and uses for fluid milk products produced in the United States. Nothing in this chapter shall be con- strued to provide for the control of production or other- wise limit the right of individual milk producers to produce milk.’’ Statutory Notes and Related Subsidiaries SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–72, § 1, Aug. 11, 1993, 107 Stat. 717, provided that: ‘‘This Act [amending sections 6402 and 6409 of this title] may be cited as the ‘Fluid Milk Promotion Amendments Act of 1993’.’’ SHORT TITLE Pub. L. 101–624, title XIX, § 1999A, Nov. 28, 1990, 104 Stat. 3914, provided that: ‘‘This subtitle [subtitle H (§§ 1999A—1999R) of title XIX of Pub. L. 101–624, enacting this chapter] may be cited as the ‘Fluid Milk Pro- motion Act of 1990’.’’ § 6402. Definitions As used in this chapter: (1) Advertising The term ‘‘advertising’’ means any adver- tising or promotion program involving only fluid milk products and directed toward in- creasing the general demand for fluid milk products. (2) Board The term ‘‘Board’’ means the National Proc- essor Advertising and Promotion Board estab- lished under section 6407(b) of this title. (3) Fluid milk product The term ‘‘fluid milk product’’ has the meaning given the term in— (A) section 1000.15 of title 7, Code of Fed- eral Regulations, subject to such amend- ments as may be made by the Secretary; or (B) any successor regulation. (4) Fluid milk processor The term ‘‘fluid milk processor’’ means any person who processes and markets commer- cially more than 3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer). (5) Department The term ‘‘Department’’ means the Depart- ment of Agriculture. (6) Research The term ‘‘research’’ means market research to support advertising and promotion efforts, including educational activities, research di- rected to product characteristics, product de- velopment, including new products or im- proved technology in production, manufac- turing or processing of milk and the products of milk. (7) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (8) United States The term ‘‘United States’’, except as used in sections 6410 through 6412 of this title, means the 48 contiguous States in the continental United States and the District of Columbia. (Pub. L. 101–624, title XIX, § 1999C, Nov. 28, 1990, 104 Stat. 3915; Pub. L. 103–72, § 2(a), Aug. 11, 1993, 107 Stat. 717; Pub. L. 104–127, title I, § 146(c), Apr. 4, 1996, 110 Stat. 918; Pub. L. 107–171, title I, § 1506(a), (b), May 13, 2002, 116 Stat. 210.) Editorial Notes AMENDMENTS 2002—Par. (3). Pub. L. 107–171, § 1506(a), added par. (3) and struck out heading and text of former par. (3). Text read as follows: ‘‘The term ‘fluid milk product’— ‘‘(A) means any of the following products in fluid or frozen form: milk, skim milk, lowfat milk, milk drinks, buttermilk, filled milk, and milkshake and ice milk mixes containing less than 20 percent total solids, including any such products that are flavored, cultured, modified with added nonfat milk solids, concentrated (if in a consumer-type package), or re- constituted; and ‘‘(B) does not include evaporated or condensed milk (plain or sweetened), evaporated or condensed skim milk (plain or sweetened), formulas specially pre- pared for infant feeding or dietary use that are pack- aged in hermetically sealed glass or all-metal con- tainers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey.’’ Par. (4). Pub. L. 107–171, § 1506(b), substituted ‘‘3,000,000 pounds of fluid milk products in consumer- type packages per month (excluding products delivered directly to the place of residence of a consumer)’’ for