7 U.S.C. § 4810 — Permissive provisions

Page 1726 TITLE 7—AGRICULTURE § 4810 (2) a false or misleading statement with re- spect to an attribute or use of a competing product. (e) Influencing legislation prohibited No funds collected through assessments au- thorized by this section may, in any manner, be used for the purpose of influencing legislation, as defined in section 4911(d) and (e)(2) of title 26. (f) Maintenance of books and records; audits The Board shall— (1) maintain such books and records, and prepare and submit to the Secretary such re- ports from time to time, as may be required by the Secretary for appropriate accounting of the receipt and disbursement of funds en- trusted to the Board or a State association, as the case may be; and (2) cause a complete audit report to be sub- mitted to the Secretary at the end of each fis- cal year. (g) Investment by Board of funds collected The Board, with the approval of the Secretary, may invest funds collected through assessments authorized under this section, pending disburse- ment for a plan or project, only in— (1) an obligation of the United States, or of a State or political subdivision thereof; (2) an interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or (3) an obligation fully guaranteed as to prin- cipal and interest by the United States. (Pub. L. 99–198, title XVI, § 1620, Dec. 23, 1985, 99 Stat. 1614; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(3)(B)(i), (iv), was in the original ‘‘this title’’ and was translated as reading ‘‘this subtitle’’, meaning subtitle B of title XVI of Pub. L. 99–198, which enacted this chapter, as the probable intent of Congress. AMENDMENTS 1986—Subsecs. (c)(2)(A), (e). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 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. § 4810. Permissive provisions (a) Recordkeeping and reporting requirements; incidental and necessary terms and condi- tions On the recommendation of the Board, and with the approval of the Secretary, an order may con- tain one or more of the following provisions: (1) Each person purchasing a porcine animal from a producer for commercial use, and each importer, shall— (A) maintain and make available for in- spection such books and records as may be required by the order; and (B) file reports at the time, in the manner, and having the content prescribed by the order, including documentation of the State of origin of a purchased porcine animal or the place of origin of an imported porcine animal, pork, or pork product. (2) A term or condition— (A) incidental to, and not inconsistent with, the terms and conditions specified in this chapter; and (B) necessary to effectuate the other provi- sions of such order. (b) Availability of information to Secretary and Board; confidentiality; disclosure; issuance of general statement, statistical data, or name of violator of order (1) Information referred to in subsection (a)(1) shall be made available to the Secretary and the Board as is appropriate or necessary for the ef- fectuation, administration, or enforcement of this chapter or an order. (2)(A) Except as provided in subparagraphs (B) and (C), information obtained under subsection (a)(1) shall be kept confidential by officers or employees of the Department of Agriculture or the Board. (B) Such information may be disclosed only— (i) in a suit or administrative hearing in- volving the order with respect to which the in- formation was furnished or acquired— (I) brought at the direction or on the re- quest of the Secretary; or (II) to which the Secretary or an officer of the United States is a party; and (ii) if the Secretary considers such informa- tion to be relevant to such suit or hearing. (C) Nothing in this section prohibits— (i) the issuance of a general statement based on the reports of a number of persons subject to an order, or statistical data collected there- from, if such statement or data does not iden- tify the information furnished by any person; or (ii) the publication, by direction of the Sec- retary, of the name of a person violating an order, together with a statement of the par- ticular provisions of the order violated by such person. (c) Penalty for willful violations A person who willfully violates subsection (a)(1) or (b) shall, on conviction, be— (1) subject to a fine of not more than $1,000 or imprisoned for not more than 1 year, or both; and (2) if such person is an employee of the De- partment of Agriculture or the Board, re- moved from office. (Pub. L. 99–198, title XVI, § 1621, Dec. 23, 1985, 99 Stat. 1617.) 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. Page 1727 TITLE 7—AGRICULTURE § 4813 1 So in original. Probably should be followed by ‘‘in’’. 1 So in original. Probably should be ‘‘therefor’’. § 4811. Referendum (a) Continuation of order For the purpose of determining whether an order then 1 effect shall be continued during the period beginning not earlier than 24 months after the issuance of the order and ending not later than 30 months after the issuance of the order, the Secretary shall conduct a referendum among persons who have been pork producers and importers during a representative period, as determined by the Secretary. (b) Factors determining continuation; termi- nation of order (1) Such order shall be continued only if the Secretary determines that such order has been approved by not less than a majority of the pro- ducers and importers voting in the referendum. (2) If the continuation of such order is not ap- proved by a majority of the producers and im- porters voting in the referendum, the Secretary shall terminate— (A) collection of assessments under the order not later than 6 months after the date of such determination; and (B) the order in an orderly manner as soon as practicable after the date of such deter- mination. (c) Reimbursement for cost The Secretary shall be reimbursed from as- sessments collected by the Board for any ex- penses incurred in connection with a referendum conducted under this section or section 4812 of this title. (d) Manner of conducting A referendum shall be conducted in such man- ner as prescribed by the Secretary. (e) Amendment of initial order A referendum to amend the initial order shall be conducted pursuant to this section. (Pub. L. 99–198, title XVI, § 1622, Dec. 23, 1985, 99 Stat. 1618.) 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. § 4812. Suspension and termination of orders (a) Authority of Secretary If after the initial referendum provided for in section 4811(a) of this title the Secretary deter- mines that an order, or a provision of the order, obstructs or does not tend to effectuate the de- clared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision. (b) Referendum to terminate or suspend; eligible voters; requirements for approval; termi- nation or suspension date; one referendum within 2-year period (1)(A) Except as provided in paragraph (2), after the initial referendum provided for in sec- tion 4811(a) of this title, on the request of a number of persons equal to at least 15 percent of persons who have been producers and importers during a representative period, as determined by the Secretary, the Secretary shall conduct a ref- erendum to determine whether the producers and importers favor the termination or suspen- sion of the order. (B) The Secretary shall— (i) suspend or terminate collection of assess- ments under the order not later than 6 months after the date the Secretary determines that suspension or termination of the order is fa- vored by a majority of the producers and im- porters voting in the referendum; and (ii) terminate the order in an orderly man- ner as soon as practicable after the date of such determination. (2) Except with respect to a referendum re- quired to be conducted under section 4811 of this title, the Secretary shall not be required by paragraph (1) to conduct more than one ref- erendum under this chapter in a 2-year period. (c) Termination or suspension not to be consid- ered an order The termination or suspension of an order, or a provision of an order, shall not be considered an order within the meaning of this chapter. (Pub. L. 99–198, title XVI, § 1623, Dec. 23, 1985, 99 Stat. 1618.) 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. § 4813. Refunds (a) Demand for refund; persons eligible Notwithstanding any other provision of this chapter, prior to the approval of the continu- ation of an order pursuant to the referendum re- quired under section 4811(a) of this title, any person shall have the right to demand and re- ceive from the Board a refund of an assessment collected under section 4809 of this title if such person— (1) is responsible for paying such assessment; and (2) does not support the program established under this chapter. (b) Form and time within which demand to be made Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board and approved by the Secretary, but not later than 30 days after the end of the month in which the assessment was paid. (c) Payment of refund on submission of satisfac- tory proof Such refund shall be made not later than 30 days after demand is received therefore 1 on sub- mission of proof satisfactory to the Board that the producer, person, or importer— (1) paid the assessment for which refund is sought; and