7 U.S.C. § 2903 — Issuance of orders

Page 1543 TITLE 7—AGRICULTURE § 2903 1 So in original. The period probably should be a semicolon. 2 So in original. Probably should not be capitalized. section and sections 2902 to 2911 of this title, omitting sections 2912 to 2918 of this title and provisions set out as a note under this section, and enacting provisions set out as a note under this section] may be cited as the ‘Beef Promotion and Research Act of 1985’.’’ SHORT TITLE Pub. L. 94–294, § 1, May 28, 1976, 90 Stat. 529, provided: ‘‘That this Act [enacting this chapter and provisions set out as notes under this section] shall be known as the ‘Beef Research and Information Act’.’’ SEPARABILITY Pub. L. 94–294, § 19, May 28, 1976, 90 Stat. 537, which provided that if any provision of this Act [enacting this chapter and provisions set out as notes under this sec- tion] or the application thereof to any person or cir- cumstances is held invalid, the validity of the remain- der of the Act and of the application of such provision to other persons and circumstances shall not be af- fected thereby, was omitted in the general revision of sections 2 through 20 of Pub. L. 94–294 by Pub. L. 99–198, title XVI, § 1601(b), Dec. 28, 1985, 99 Stat. 1597. § 2902. Definitions For purposes of this chapter— (1) the term ‘‘beef’’ means flesh of cattle; (2) the term ‘‘beef products’’ means edible products produced in whole or in part from beef, exclusive of milk and products made therefrom; (3) the term ‘‘Board’’ means the Cattlemen’s Beef Promotion and Research Board estab- lished under section 2904(1) of this title; (4) the term ‘‘cattle’’ means live domes- ticated bovine animals regardless of age; (5) the term ‘‘Committee’’ means the Beef Promotion Operating Committee established under section 2904(5) of this title; (6) the term ‘‘consumer information’’ means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparing, and use of beef and beef products; (7) the term ‘‘Department’’ means the De- partment of Agriculture.1 (8) the term ‘‘importer’’ means any person who imports cattle, beef, or beef products from outside the United States; (9) the term ‘‘industry information’’ means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency, and activities to enhance the image of the cattle industry; (10) The 2 term ‘‘order’’ means a beef pro- motion and research order issued under sec- tion 2903 of this title.1 (11) the term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity; (12) the term ‘‘producer’’ means any person who owns or acquires ownership of cattle, ex- cept that a person shall not be considered to be a producer if the person’s only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee; (13) the term ‘‘promotion’’ means any ac- tion, including paid advertising, to advance the image and desirability of beef and beef products with the express intent of improving the competitive position and stimulating sales of beef and beef products in the marketplace; (14) the term ‘‘qualified State beef council’’ means a beef promotion entity that is author- ized by State statute or is organized and oper- ating within a State, that receives voluntary contributions and conducts beef promotion, research, and consumer information programs, and that is recognized by the Board as the beef promotion entity within such State; (15) the term ‘‘research’’ means studies test- ing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef products, other related food science research, and new product development; (16) the term ‘‘Secretary’’ means the Sec- retary of Agriculture; (17) The 2 term ‘‘State’’ means each of the 50 States; and (18) the term ‘‘United States’’ means the sev- eral States and the District of Columbia. (Pub. L. 94–294, § 3, May 28, 1976, 90 Stat. 530; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1598.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title. § 2903. Issuance of orders (a) During the period beginning on January 1, 1986, and ending thirty days after receipt of a proposal for a beef promotion and research order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment on such proposed order. Such proposal may be submitted by any organization meeting the requirements for certification under section 2905 of this title or any interested person, including the Secretary. (b) After notice and opportunity for public comment are given, as provided for in sub- section (a), the Secretary shall issue a beef pro- motion and research order. The order shall be- come effective not later than one hundred and twenty days following publication of the pro- posed order. (Pub. L. 94–294, § 4, May 28, 1976, 90 Stat. 530; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1599.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to issuance of orders for provisions relating to orders of Secretary to producers and slaughterers. Page 1544 TITLE 7—AGRICULTURE § 2904 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title. § 2904. Required terms in orders An order issued under section 2903(b) of this title shall contain the following terms and con- ditions: (1) The order shall provide for the establish- ment and selection of a Cattlemen’s Beef Pro- motion and Research Board. Members of the Board shall be cattle producers and importers appointed by the Secretary from (A) nomina- tions submitted by eligible State organiza- tions certified under section 2905 of this title (or, if the Secretary determines that there is no eligible State organization in a State, the Secretary may provide for nominations from such State to be made in a different manner), and (B) nominations submitted by importers under such procedures as the Secretary deter- mines appropriate. In determining geographic representation for cattle producers on the Board, whole States shall be considered as a unit. Each State that has a total cattle inven- tory greater than five hundred thousand head shall be entitled to at least one representative on the Board. A State that has a total inven- tory of fewer than 500,000 cattle shall be grouped, as far as practicable, with other States each of which has a combined total in- ventory of not less than 500,000 cattle, into geographically contiguous units in a manner prescribed in the order. A unit may be rep- resented on the Board by more than one mem- ber. For each additional million head of cattle within a unit, such unit shall be entitled to an additional member on the Board. The Board may recommend a change in the level of in- ventory per unit necessary for representation on the Board and, on such recommendation, the Secretary may change the level necessary for representation on the Board. The number of members on the Board that represent im- porters shall be determined by the Secretary on a proportional basis, by converting the vol- ume of imported beef and beef products into live animal equivalencies. (2) The order shall define the powers and du- ties of the Board, which shall be exercised at an annual meeting, and shall include only the following powers: (A) To administer the order in accordance with its terms and provisions. (B) To make rules and regulations to effec- tuate the terms and provisions of the order. (C) To elect members of the Board to serve on the Committee. (D) To approve or disapprove budgets sub- mitted by the Committee. (E) To receive, investigate, and report to the Secretary complaints of violations of the order. (F) To recommend to the Secretary amendments to the order. In addition, the order shall determine the cir- cumstances under which special meetings of the Board may be held. (3) The order shall provide that the term of appointment to the Board shall be three years with no member serving more than two con- secutive terms, except that initial appoint- ments shall be proportionately for one-year, two-year, and three-year terms; and that Board members shall serve without compensa- tion, but shall be reimbursed for their reason- able expenses incurred in performing their du- ties as members of the Board. (4)(A) The order shall provide that the Board shall elect from its membership ten members to serve on the Beef Promotion Operating Committee, which shall be composed of ten members of the Board and ten producers elect- ed by a federation that includes as members the qualified State beef councils. The pro- ducers elected by the federation shall be cer- tified by the Secretary as producers that are directors of a qualified State beef council. The Secretary also shall certify that such direc- tors are duly elected by the federation as rep- resentatives to the Committee. (B) The Committee shall develop plans or projects of promotion and advertising, re- search, consumer information, and industry information, which shall be paid for with as- sessments collected by the Board. In devel- oping plans or projects, the Committee shall— (i) to the extent practicable, take into ac- count similarities and differences between certain beef, beef products, and veal; and (ii) ensure that segments of the beef indus- try that enjoy a unique consumer identity receive equitable and fair treatment under this chapter. (C) The Committee shall be responsible for developing and submitting to the Board, for its approval, budgets on a fiscal year basis of its anticipated expenses and disbursements, including probable costs of advertising and promotion, research, consumer information, and industry information projects. The Board shall approve or disapprove such budgets and, if approved, shall submit such budget to the Secretary for the Secretary’s approval. (D) The total costs of collection of assess- ments and administrative staff incurred by the Board during any fiscal year shall not ex- ceed 5 per centum of the projected total as- sessments to be collected by the Board for such fiscal year. The Board shall use, to the extent possible, the resources, staffs, and fa- cilities of existing organizations. (5) The order shall provide that terms of ap- pointment to the Committee shall be one year, and that no person may serve on the Com- mittee for more than six consecutive terms. Committee members shall serve without com- pensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Committee. The Committee may utilize the resources, staffs, and facilities of the Board and industry organizations. An employee of an industry or- ganization may not receive compensation for work performed for the Committee, but shall be reimbursed from assessments collected by the Board for reasonable expenses incurred in performing such work. (6) The order shall provide that, to ensure coordination and efficient use of funds, the