7 U.S.C. § 4802 — Definitions

Page 1720 TITLE 7—AGRICULTURE § 4801 Sec. 4814. Petition and review. 4815. Enforcement. 4816. Investigations. 4817. Preemption. 4818. Administrative provision. 4819. Authorization of appropriations. § 4801. Congressional findings and declaration of purpose (a) Congress finds that— (1) pork and pork products are basic foods that are a valuable and healthy part of the human diet; (2) the production of pork and pork products plays a significant role in the economy of the United States because pork and pork products are— (A) produced by thousands of producers, including many small- and medium-sized producers; and (B) consumed by millions of people throughout the United States on a daily basis; (3) pork and pork products must be available readily and marketed efficiently to ensure that the people of the United States receive adequate nourishment; (4) the maintenance and expansion of exist- ing markets, and development of new markets, for pork and pork products are vital to— (A) the welfare of pork producers and per- sons concerned with producing and mar- keting pork and pork products; and (B) the general economy of the United States; (5) pork and pork products move in inter- state and foreign commerce; (6) pork and pork products that do not move in such channels of commerce directly burden or affect interstate commerce in pork and pork products; and (7) in recent years, increasing quantities of low-cost, imported pork and pork products have been brought into the United States and replaced domestic pork and pork products in normal channels of trade. (b)(1) It is the purpose of this chapter to au- thorize the establishment of an orderly proce- dure for financing, through adequate assess- ments, and carrying out an effective and coordi- nated program of promotion, research, and con- sumer information designed to— (A) strengthen the position of the pork in- dustry in the marketplace; and (B) maintain, develop, and expand markets for pork and pork products. (2) Such procedure shall be implemented, and such program shall be conducted, at no cost to the Federal Government. (3) Nothing in this chapter may be construed to— (A) permit or require the imposition of qual- ity standards for pork or pork products; (B) provide for control of the production of pork or pork products; or (C) otherwise limit the right of an individual pork producer to produce pork and pork prod- ucts. (Pub. L. 99–198, title XVI, § 1612, Dec. 23, 1985, 99 Stat. 1607.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–198, title XVI, § 1631, Dec. 23, 1985, 99 Stat. 1622, provided that: ‘‘This subtitle [subtitle B (§§ 1611–1631) of title XVI of Pub. L. 99–198, enacting this chapter] shall become effective on January 1, 1986.’’ SHORT TITLE Pub. L. 99–198, title XVI, § 1611, Dec. 23, 1985, 99 Stat. 1606, provided that: ‘‘This subtitle [subtitle B (§§ 1611–1631) of title XVI of Pub. L. 99–198, enacting this chapter] may be cited as the ‘Pork Promotion, Re- search, and Consumer Information Act of 1985’.’’ § 4802. Definitions For purposes of this chapter: (1) The term ‘‘Board’’ means the National Pork Board established under section 4808 of this title. (2) The term ‘‘consumer information’’ means an activity intended to broaden the under- standing of sound nutritional attributes of pork or pork products, including the role of pork or pork products in a balanced, healthy diet. (3) The term ‘‘Delegate Body’’ means the Na- tional Pork Producers Delegate Body estab- lished under section 4806 of this title. (4) The term ‘‘imported’’ means entered, or withdrawn from a warehouse for consumption, in the customs territory of the United States. (5) The term ‘‘importer’’ means a person who imports porcine animals, pork, or pork prod- ucts into the United States. (6) The term ‘‘order’’ means a pork and pork products promotion, research, and consumer information order issued under section 4803 of this title. (7) The term ‘‘person’’ means an individual, group of individuals, partnership, corporation, association, organization, cooperative, or other entity. (8) The term ‘‘porcine animal’’ means a swine raised for— (A) feeder pigs; (B) seedstock; or (C) slaughter. (9) The term ‘‘pork’’ means the flesh of a porcine animal. (10) The term ‘‘pork product’’ means a prod- uct produced or processed in whole or in part from pork. (11) The term ‘‘producer’’ means a person who produces porcine animals in the United States for sale in commerce. (12) The term ‘‘promotion’’ means an action, including paid advertising, taken to present a favorable image for porcine animals, pork, or pork products to the public with the intent of improving the competitive position and stimu- lating sales of porcine animals, pork, or pork products. (13) The term ‘‘research’’ means— (A) research designed to advance, expand, or improve the image, desirability, nutri- tional value, usage, marketability, produc- tion, or quality of porcine animals, pork, or pork products; or (B) dissemination to a person of the re- sults of such research. 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.