7 U.S.C. § 4531 — Definitions

Page 1698 TITLE 7—AGRICULTURE § 4511 1 See References in Text note below. § 4511. Investigations; power to subpena and take oaths and affirmations; aid of courts The Secretary may make such investigations as the Secretary deems necessary for the effec- tive administration of this subchapter or to de- termine whether any person subject to the pro- visions of this subchapter has engaged or is about to engage in any act that constitutes or will constitute a violation of any provision of this subchapter or of any order, or rule or regu- lation issued under this subchapter. For the pur- pose of such investigation, the Secretary may administer oaths and affirmations, subpena wit- nesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or re- fusal to obey a subpena to, any person, the Sec- retary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on busi- ness, in requiring the attendance and testimony of witnesses and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony touching the mat- ter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found. (Pub. L. 98–180, title I, § 120, Nov. 29, 1983, 97 Stat. 1143.) § 4512. Administrative provisions (a) Nothing in this subchapter may be con- strued to preempt or supersede any other pro- gram relating to dairy product promotion orga- nized and operated under the laws of the United States or any State. (b) The provisions of this subchapter applica- ble to orders shall be applicable to amendments to orders. (Pub. L. 98–180, title I, § 121, Nov. 29, 1983, 97 Stat. 1143.) § 4513. Authorization of appropriations There are hereby authorized to be appro- priated such funds as are necessary to carry out the provisions of this subchapter. The funds so appropriated shall not be available for payment of the expenses or expenditures of the Board in administering any provisions of any order issued under the terms of this subchapter. (Pub. L. 98–180, title I, § 122, Nov. 29, 1983, 97 Stat. 1143.) § 4514. Dairy reports The Secretary of Agriculture shall submit to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry the following reports: (1) Not later than July 1, 1984, a report on the effect of applying, nationally, standards similar to the current California standards for fluid milk products in their final consumer form, as they would relate to— (A) consumer acceptance, overall con- sumer consumption trends, and total per capita consumption; (B) nutritional augmentation, particularly for young and older Americans; (C) implementing improved interagency enforcement of minimum standards to pre- vent consumer fraud and deception; (D) multiple component pricing for pro- ducer milk; (E) reduced Commodity Credit Corporation purchases; (F) consistency of product quality throughout the year and between marketing regions of the United States; and (G) consumer prices. (2) Not later than December 31, 1984, a report on (A) recommendations for changes in the ap- plication of the parity formula to milk so as to make the formula more consistent with modern production methods and with special attention to the cost of producing milk as a result of changes in productivity, and (B) the feasibility of imposing a limitation on the total amount of payments and other assist- ance a producer of milk may receive during a year under section 1446(d) of this title. (3) Not later than April 15, 1985, a report on the effectiveness of the paid diversion program carried out under section 1446(d) of this title. (4) Not later than July 1, 1985, and July 1 of each year after the date of enactment of this title,1 an annual report describing activities conducted under the dairy products promotion and research order issued under subtitle B of title I of this Act [7 U.S.C. 4501 et seq.], and ac- counting for the receipt and disbursement of all funds received by the National Dairy Pro- motion and Research Board under such order including an independent analysis of the effec- tiveness of the program. (Pub. L. 98–180, title III, § 301, Nov. 29, 1983, 97 Stat. 1150.) Editorial Notes REFERENCES IN TEXT The date of enactment of this title, referred to in par. (4), means the date of enactment of title III of Pub. L. 98–180, which was approved Nov. 29, 1983. Subtitle B of title I of this Act, referred to in par. (4), is subtitle B (§§ 110–122) of title I of Pub. L. 98–180, which is classified generally to this subchapter. For complete classification of subtitle B to the Code, see Tables. CODIFICATION Section was enacted as part of Pub. L. 98–180, known as the Dairy and Tobacco Adjustment Act of 1983, and not as part of title I of Pub. L. 98–180, known as the Dairy Production Stabilization Act of 1983, subtitle B of which comprises this subchapter. SUBCHAPTER II—DAIRY RESEARCH PROGRAM § 4531. Definitions For purposes of this subchapter— Page 1699 TITLE 7—AGRICULTURE § 4534 (1) the term ‘‘board’’ means the board of trustees of the Institute; (2) the term ‘‘Department’’ means the De- partment of Agriculture; (3) the term ‘‘dairy products’’ means manu- factured products that are derived from the processing of milk, and includes fluid milk products; (4) the term ‘‘fluid milk products’’ means those milk products normally consumed in liq- uid form as a beverage; (5) the term ‘‘Fund’’ means the Dairy Re- search Trust Fund established by section 4536 of this title; (6) the term ‘‘Institute’’ means the National Dairy Research Endowment Institute estab- lished by section 4532 of this title; (7) the term ‘‘milk’’ means any class of cow’s milk marketed in the United States; (8) the term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity; (9) the term ‘‘producer’’ means any person engaged in the production of milk for commer- cial use; (10) 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; (11) the term ‘‘Secretary’’ means the Sec- retary of Agriculture unless the context speci- fies otherwise; and (12) 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. (Pub. L. 98–180, title I, § 130, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1367; amended Pub. L. 110–234, title I, § 1507(c), May 22, 2008, 122 Stat. 997; Pub. L. 110–246, § 4(a), title I, § 1507(c), 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—Par. (12). Pub. L. 110–246, § 1507(c), added par. (12) and struck out former par. (12) which read as follows: ‘‘the term ‘United States’ means the several States and the territories and possessions of the United States, ex- cept that for purposes of sections 4532, 4534(a), and 4537 of this title, and paragraph (7) of this section, such term means the forty-eight contiguous States in the continental United States.’’ 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. § 4532. Establishment of National Dairy Research Endowment Institute The Secretary of Agriculture may establish in the Department of Agriculture a National Dairy Research Endowment Institute whose function shall be to aid the dairy industry through the implementation of the dairy products research order, which its board of trustees shall admin- ister, and the use of monies made available to its board of trustees from the Dairy Research Trust Fund to implement the order. In imple- menting the order, the Institute shall provide a permanent system for funding scientific re- search activities designed to facilitate the ex- pansion of markets for milk and dairy products marketed in the United States. The Institute shall be headed by a board of trustees composed of the members of the National Dairy Pro- motion and Research Board. The board may ap- point from among its members an executive committee whose membership shall reflect equally each of the different regions in the United States in which milk is produced. The executive committee shall have such duties and powers as are delegated to it by the board. The members of the board shall serve without com- pensation. While away from their homes or reg- ular places of business in the performance of services for the board, members of the board shall be allowed reasonable travel expenses, in- cluding a per diem allowance in lieu of subsist- ence, as recommended by the board and ap- proved by the Secretary, except that there shall be no duplication of payment for such expenses. (Pub. L. 98–180, title I, § 131, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1368.) § 4533. Issuance of order (a) Publication in Federal Register; public com- ment; submission After receipt of a proposed dairy products re- search order, the Secretary may publish such proposed order in the Federal Register and shall give notice and reasonable opportunity for pub- lic comment on such proposed order. Such pro- posed order may be submitted by an organiza- tion certified under section 4505 of this title or by any interested person affected by the provi- sions of subchapter I. (b) Effective date of order After the Secretary provides for such publica- tion and a reasonable opportunity for a hearing under subsection (a), the Secretary may issue the dairy products research order. The order so issued shall become effective not later than 90 days after publication in the Federal Register of the order. (c) Amendment of order The Secretary may amend, from time to time, the dairy products research order issued under subsection (b). (Pub. L. 98–180, title I, § 132, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1369.) § 4534. Required terms of order; agreements under order; records (a) Required terms The dairy products research order issued under section 4533(b) of this title shall— (1) provide for the establishment and admin- istration, by the Institute, of appropriate sci-