7 U.S.C. § 4532 — Establishment of National Dairy Research

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 L. 110–234 were repealed by section 4(a) of Pub.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-