7 U.S.C. § 4502 — Definitions

Page 1692 TITLE 7—AGRICULTURE § 4502 ducers, and dairy products are consumed by millions of people throughout the United States; (3) dairy products must be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment; (4) the maintenance and expansion of exist- ing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using, and producing dairy products, as well as to the general economy of the Nation; and (5) dairy products move in interstate and foreign commerce, and dairy products that do not move in such channels of commerce di- rectly burden or affect interstate commerce of dairy products. (b) It, therefore, is declared to be the policy of Congress that it is in the public interest to au- thorize the establishment, through the exercise of the powers provided herein, of an orderly pro- cedure for financing (through assessments on all milk produced in the United States for commer- cial use and on imported dairy products) and carrying out a coordinated program of pro- motion designed to strengthen the dairy indus- try’s position in the marketplace and to main- tain and expand domestic and foreign markets and uses for fluid milk and dairy products. Nothing in this subchapter may be construed to provide for the control of production or other- wise limit the right of individual milk producers to produce milk or the right of any person to import dairy products. (Pub. L. 98–180, title I, § 110, Nov. 29, 1983, 97 Stat. 1136; Pub. L. 107–171, title I, § 1505(h)(1), May 13, 2002, 116 Stat. 210.) Editorial Notes AMENDMENTS 2002—Subsec. (b). Pub. L. 107–171 inserted ‘‘and on im- ported dairy products’’ after ‘‘commercial use’’ and struck out ‘‘produced in the United States’’ after ‘‘fluid milk and dairy products’’ in first sentence and inserted ‘‘or the right of any person to import dairy products’’ before period at end of second sentence. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title I of Pub. L. 98–180 as the ‘‘Dairy Production Stabilization Act of 1983’’, see Short Title of 1983 Amendment note set out under section 1421 of this title. § 4502. Definitions As used in this subchapter— (a) the term ‘‘Board’’ means the National Dairy Promotion and Research Board estab- lished under section 4504 of this title; (b) the term ‘‘Department’’ means the De- partment of Agriculture; (c) the term ‘‘Secretary’’ means the Sec- retary of Agriculture; (d) the term ‘‘milk’’ means any class of cow’s milk; (e) the term ‘‘dairy products’’ means prod- ucts manufactured for human consumption which are derived from the processing of milk, and includes fluid milk products; (f) the term ‘‘fluid milk products’’ means those milk products normally consumed in liq- uid form as a beverage; (g) the term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity; (h) the term ‘‘producer’’ means any person engaged in the production of milk for commer- cial use; (i) the term ‘‘promotion’’ means actions such as paid advertising, sales promotion, and publicity to advance the image and sales of and demand for dairy products; (j) the term ‘‘research’’ means studies test- ing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of milk and dairy products, and other related efforts to expand demand for milk and dairy products; (k) the term ‘‘nutrition education’’ means those activities intended to broaden the un- derstanding of sound nutritional principles in- cluding the role of milk and dairy products in a balanced diet; (l) the term ‘‘United States’’, when used in a geographical sense, means all of the States, the District of Columbia, and the Common- wealth of Puerto Rico; (m) the term ‘‘imported dairy product’’ means any dairy product that is imported into the United States, including dairy products imported into the United States in the form of— (1) milk, cream, and fresh and dried dairy products; (2) butter and butterfat mixtures; (3) cheese; and (4) casein and mixtures; (n) the term ‘‘importer’’ means a person that imports an imported dairy product into the United States; and (o) the term ‘‘Customs’’ means the United States Customs Service. (Pub. L. 98–180, title I, § 111, Nov. 29, 1983, 97 Stat. 1136; Pub. L. 107–171, title I, § 1505(a), (h)(2), May 13, 2002, 116 Stat. 207, 210; Pub. L. 110–234, title I, § 1507(b), May 22, 2008, 122 Stat. 997; Pub. L. 110–246, § 4(a), title I, § 1507(b), June 18, 2008, 122 Stat. 1664, 1725.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (l). Pub. L. 110–246, § 1507(b)(1), added subsec. (l) and struck out former subsec. (l) which read as follows: ‘‘the term ‘United States’ as used in sec- tions 4501 through 4508 of this title means the forty- eight contiguous States in the continental United States;’’. Subsec. (m). Pub. L. 110–246, § 1507(b)(2), struck out ‘‘(as defined in subsection (l) of this section)’’ before ‘‘, including’’. 2002—Subsec. (d). Pub. L. 107–171, § 1505(h)(2), struck out ‘‘produced in the United States’’ before semicolon at end. Subsec. (m) to (o). Pub. L. 107–171, § 1505(a), added sub- secs. (m) to (o). 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