7 U.S.C. §§ 4806–4809

4 sections in range

§4806. National Pork Producers Delegate Body

7 U.S.C. § 4806

(a)

Establishment and appointment— The order shall provide for the establishment and appointment by the Secretary, not later than 60 days after the effective date of such order, of a National Pork Producers Delegate Body.

(b)

Membership; number of producer members; number of importer members—

(1)

The Delegate Body shall consist of—

(A)

producers, as appointed by the Secretary in accordance with paragraph (2), from nominees submitted as follows:

(i)

in the case of the initial Delegate Body appointed by each State in accordance with section 4807 of this title.

(ii)

in the case of each succeeding Delegate Body, each State association shall submit nominations selected by such association pursuant to a selection process that—

(I)

is approved by the Secretary;

(II)

requires public notice of the process to be given at least one week in advance by publication in a newspaper or newspaper of general circulation in such State and in pork production and agriculture trade publications; and

(III)

that provides complete and equal access to the nominating process to every producer who has paid all assessments due under section 4809 of this title and not demanded a refund under section 4813 of this title,

or pursuant to an election of nominees conducted in accordance with section 4807 of this title.

(iii)

In the case of a State that has a State association that does not submit nominations or that does not have a State association, such State shall submit nominations in a manner prescribed by the Secretary; and

(B)

importers, as appointed by the Secretary in accordance with paragraph (3).

(2)

The number of producer members appointed to the Delegate Body from each State shall equal at least two members, and additional members, allocated as follows:

(A)

Shares shall be assigned to each State—

(i)

for the 1986 calendar year, on the basis of one share for each $400,000 of farm market value of porcine animals marketed from such State (as determined by the Secretary based on the annual average of farm market value in the most recent 3 calendar years preceding such year), rounded to the nearest $400,000; and

(ii)

for each calendar year thereafter, on the basis of one share for each $1,000 of the aggregate amount of assessments collected (minus refunds under section 4813 of this title) in such State from persons described in section 4809(a)(1)(A) and (B) of this title, rounded to the nearest $1,000.

(B)

If during a calendar year the number of such shares of a State is—

(i)

less than 301, the State shall receive a total of two producer members;

(ii)

more than 300 but less than 601, the State shall receive a total of three producer members;

(iii)

more than 600 but less than 1,001, the State shall receive a total of four producer members; and

(iv)

more than 1,000, the State shall receive four producer members, plus one additional member for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300.

(3)

The number of importer members appointed to the Delegate Body shall be determined as follows:

(A)

Shares shall be assigned to importers—

(i)

for the 1986 calendar year, on the basis of one share for each $575,000 of market value of marketed porcine animals, pork, or pork products (as determined by the Secretary based on the annual average of imports in the most recent 3 calendar years preceding such year), rounded to the nearest $575,000; and

(ii)

for each calendar year thereafter, on the basis of one share for each $1,000 of the aggregate amount of assessments collected (minus refunds under section 4813 of this title) from importers, rounded to the nearest $1,000.

(B)

The number of importer members appointed to the Delegate Body shall equal a total of—

(i)

three members for the first 1,000 such shares; and

(ii)

one additional member for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300.

(c)

Voting; quorum; votes necessary for decision—

(1)

A producer member of the Delegate Body may, in a vote conducted by the Delegate Body for which the member is present, cast a number of votes equal to—

(A)

the number of shares attributable to the State of the member; divided by

(B)

the number of producer members from such State.

(2)

An importer member of the Delegate Body may, in a vote conducted by the Delegate Body for which the member is present, cast a number of votes equal to—

(A)

the number of shares allocated to importers; divided by

(B)

the number of importer members.

(3)

Members entitled to cast a majority of the votes (including fractions thereof) on the Delegate Body shall constitute a quorum.

(4)

A majority of the votes (including fractions thereof) cast at a meeting at which a quorum is present shall be decisive of a motion or election presented to the Delegate Body for a vote.

(d)

Term of office— A member of the Delegate Body shall serve for a term of 1 year, except that the term of a member of the Delegate Body shall continue until the successor of such member, if any, is appointed in accordance with subsection (b)(1).

(e)

Chairman—

(1)

At the first annual meeting, the Delegate Body shall select a Chairman by a majority vote.

(2)

At each annual meeting thereafter, the President of the Board shall serve as the Chairman of the Delegate Body.

(f)

Compensation— A member of the Delegate Body shall serve without compensation, but may be reimbursed by the Board from assessments collected under section 4809 of this title for transportation expenses incurred in performing duties as a member of the Delegate Body.

(g)

Nomination of members to National Pork Board; annual meeting; majority vote in person to nominate—

(1)

The Delegate Body shall—

(A)

nominate—

(i)

not less than 23 persons for appointment to the Board, for the first year for which nominations are made; and

(ii)

not less than 1½ persons (rounded up to the nearest person) for each vacancy in the Board that requires nominations thereafter; and

(B)

submit such nominations to the Secretary.

(2)

The Delegate Body shall meet annually to make such nominations.

(3)

A majority of the Delegate Body shall vote in person in order to nominate members to the Board.

(h)

Duties and functions— The Delegate Body shall—

(1)

recommend the rate of assessment prescribed by the initial order and any increase in such rate pursuant to section 4809(5)¹ of this title; and

(2)

determine the percentage of the aggregate amount of assessments collected in a State that each State association shall receive under section 4809(c)(1) of this title.

Footnotes

1 So in original. Probably should be section “4809(b)”.

Notes, amendments, and revision history

(Pub. L. 99–198, title XVI, § 1617, Dec. 23, 1985, 99 Stat. 1609.)

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.

§4807. Selection of Delegate Body

7 U.S.C. § 4807

(a)

Nominations—

(1)

Not later than 30 days after the effective date of the order, the Secretary shall call for the nomination within each State of candidates for appointment as producer members of the initial Delegate Body.

(2)

Each State association may nominate producers who are residents of such State to serve as such candidates.

(3)

(A)

¹ Additional producers who are residents of a State may be nominated as candidates of such State by written petition signed by 100 producers or 5 percent of the pork producers in such State, whichever is less. The Secretary shall establish and publicize the procedures governing the time and place for filing petitions.

(b)

Election; eligibility to vote; notice of election; number of members nominated—

(1)

After the Secretary has received the nominations required under subsection (a) and not later than 45 days after the effective date of the order, the Secretary shall call for an election within each State of persons for appointment as producer members of the initial Delegate Body.

(2)

To be eligible to vote in an election held in a State, a person must be a producer who is a resident of such State.

(3)

(A)

Notice of each such election shall be given by the Secretary—

(i)

by publication in a newspaper or newspapers of general circulation in each State, and in pork production and agriculture trade publications, at least 1 week prior to the election; and

(ii)

in any other reasonable manner determined by the Secretary.

(B)

The notice shall set forth the period of time and places for voting and such other information as the Secretary considers necessary.

(4)

Each State shall nominate to the Delegate Body the number of producer members required under section 4806(b)(2)(B) of this title.

(5)

The producers who receive the highest number of votes in each State shall be nominated for appointment as members of the Delegate Body from such State.

(c)

Subsequent nominations and elections to be administered by Board; time of election; voting eligibility—

(1)

Except as provided in paragraph (3), after the election of the producer members of the initial Delegate Body, the Board shall administer all subsequent nominations and elections of the producer members to be nominated for appointment as members of the Delegate Body, with the assistance of the Secretary and in accordance with subsections (a)(3) and (b).

(2)

The Board shall determine the timing of an election referred to in paragraph (1).

(3)

To be eligible to vote in such an election in a State, a person must—

(A)

be a producer who is a resident of such State;

(B)

have paid all assessments due under section 4809 of this title; and

(C)

not demanded a refund of an assessment under section 4813 of this title.

(d)

Nominating committee; appointment; nomination to fill position for pending election—

(1)

Prior to the expiration of the term of any producer member of the Delegate Body, the Board shall appoint a nominating committee of producers who are residents of the State represented by such member.

(2)

Such committee shall nominate producers of such State as candidates to fill the position for which an election is to be held.

(3)

Additional producers who are residents of a State may be nominated to fill such positions in accordance with subsection (a)(3).

Footnotes

1 So in original. No subpar. (B) has been enacted.

Notes, amendments, and revision history

(Pub. L. 99–198, title XVI, § 1618, Dec. 23, 1985, 99 Stat. 1611.)

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.

§4808. National Pork Board

7 U.S.C. § 4808

(a)

(1)

The order shall provide for the establishment and appointment by the Secretary of a 15-member National Pork Board.

(2)

¹ The Board shall consist of producers representing at least 12 States and importers appointed by the Secretary from nominations submitted under section 4806(g) of this title .

(2)

¹ The Board shall consist of producers or importers appointed by the Secretary from nominations submitted under section 4806(g) of this title.

(3)

A member of the Board shall serve for a 3-year term, with no such member serving more than two consecutive 3-year terms, except that initial appointments to the Board shall be staggered with an equal number of members appointed, to the maximum extent possible, to 1-year, 2-year, and 3-year terms, except that the term of a member of the Board shall continue until the successor of such member, if any, is appointed in accordance with paragraph (2).

(4)

The Board shall select its President by a majority vote.

(5)

(A)

A majority of the members of the Board shall constitute a quorum at a meeting of the Board.

(B)

A majority of votes cast at a meeting at which a quorum is present shall determine a motion or election.

(6)

A member of the Board shall serve without compensation, but shall be reimbursed by the Board from assessments collected under section 4809 of this title for reasonable expenses incurred in performing duties as a member of the Board.

(b)

(1)

The Board shall—

(A)

develop, at the initiative of the Board or other person, proposals for promotion, research, and consumer information plans and projects;

(B)

submit such plans and projects to the Secretary for approval;

(C)

administer the order, in accordance with the order and this chapter;

(D)

prescribe such rules as are necessary to carry out such order;

(E)

receive, investigate, and report to the Secretary complaints of violations of such order;

(F)

make recommendations to the Secretary with respect to amendments to such order; and

(G)

employ a staff and conduct routine business.

(2)

The Board shall prepare and submit to the Secretary, for the approval of the Secretary, a budget for each fiscal year of anticipated expenses and disbursements of the Board in the administration of the order, including the projected cost of—

(A)

any promotion, research or consumer information plan or project to be conducted by the Board directly or by way of contract or agreement; and

(B)

the budgets, plans, or projects for which State associations are to receive funds pursuant to section 4809(c)(1) of this title.

(3)

No plan, project, or budget referred to in paragraph (1) or (2) may become effective unless approved by the Secretary.

(4)

(A)

The Board, with the approval of the Secretary, may enter into contracts or agreements with a person for—

(i)

the development and conduct of activities authorized under an order; and

(ii)

the payment of the cost thereof with funds collected through assessments under such order.

(B)

Such contract or agreement shall require that—

(i)

the contracting party develop and submit to the Board a plan or project, together with a budget or budgets that include the estimated cost to be incurred under such plan or project;

(ii)

such plan or project become effective on the approval of the Secretary; and

(iii)

the contracting party—

(I)

keep accurate records of all relevant transactions of the party;

(II)

make periodic reports to the Board of—

(aa)

relevant activities the party has conducted; and

(bb)

an accounting for funds received and expended under such contract; and

(III)

make such other reports as the Secretary or Board may require.

Footnotes

1 So in original. Two pars. (2) have been enacted.

Notes, amendments, and revision history

(Pub. L. 99–198, title XVI, § 1619, Dec. 23, 1985, 99 Stat. 1612.)

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.

§4809. Assessments

7 U.S.C. § 4809

(a)

Collection and remission to Board; persons required to pay—

(1)

The order shall provide that, not later than 30 days after the effective date of the order under section 4805(c) of this title an assessment shall be paid, in the manner prescribed in the order. Upon the appointment of the Board, the assessments held in escrow shall be distributed to the Board. Except as provided in paragraph (3), assessments shall be payable by—

(A)

each producer for each porcine animal described in subparagraph (A) or (C) of section 4802(8) of this title produced in the United States that is sold or slaughtered for sale;

(B)

each producer for each porcine animal described in subsection¹ 4802(8)(B) of this title that is sold; and

(C)

each importer for each porcine animal, pork, or pork product that is imported into the United States.

(2)

Such assessment shall be collected and remitted to the Board once it is appointed pursuant to section 4808 of this title, but, until that time, to the Secretary, who shall promptly proceed to distribute the funds received by him in accordance with the provisions of subsection (c), except that the Secretary shall retain the funds to be received by the Board until such time as the Board is appointed pursuant to section 4808 of this title, by—

(A)

in the case of subparagraph (A) of paragraph (1), the purchaser of the porcine animal referred to in such subparagraph;

(B)

in the case of subparagraph (B) of paragraph (1), the producer of the porcine animal referred to in such subparagraph; and

(C)

in the case of subparagraph (C) of paragraph (1), the importer referred to in such subparagraph.

(3)

A person is not required to pay an assessment for a porcine animal, pork, or pork product under paragraph (1) if such person proves to the Board that an assessment was paid previously under such paragraph by a person for such porcine animal (of the same category described in subparagraph (A), (B), or (C) of section 4802(8) of this title), pork, or pork product.

(b)

Rate of assessment; increase; waiver of collection of assessment—

(1)

Except as provided in paragraph (2), the rate of assessment prescribed by the initial order shall be the lesser of—

(A)

0.25 percent of the market value of the porcine animal, pork, or pork product sold or imported; or

(B)

an amount established by the Secretary based on a recommendation of the Delegate Body.

(2)

Except as provided in paragraph (3), the rate of assessment in the initial order may be increased by not more than 0.1 percent per year on recommendation of the Delegate Body.

(3)

The rate of assessment may not exceed 0.50 percent of such market value unless—

(A)

after the initial referendum required under section 4811(a) of this title, the Delegate Body recommends an increase in such rate above 0.50 percent; and

(B)

such increase is approved in a referendum conducted under section 4811(b) of this title.

(4)

(A)

Pork or pork products imported into the United States shall be assessed based on the equivalent value of the live porcine animal from which such pork or pork products were produced, as determined by the Secretary.

(B)

The Secretary may waive the collection of assessments on a type of such imported pork or pork products if the Secretary determines that such collection is not practicable.

(c)

Distribution and use— Funds collected by the Board from assessments collected under this section shall be distributed and used in the following manner:

(1)

(A)

Each State association, shall receive an amount of funds equal to the product obtained by multiplying—

(i)

the aggregate amount of assessments attributable to porcine animals produced in such State by persons described in subsection (a)(1)(A) and (B) minus that State’s share of refunds determined pursuant to paragraph (4) by such persons pursuant to section 4813 of this title; and

(ii)

a percentage applicable to such State association determined by the Delegate Body, but in no event less than sixteen and one-half percent, or

(B)

in the case of a State association that was conducting a pork promotion program in the period from July 1, 1984, to June 30, 1985, if greater than (A) an amount of funds equal to the amount of funds that would have been collected in such State pursuant to the pork promotion program in existence in such State from July 1, 1984, to June 30, 1985, had the porcine animals, subject to assessment and to which no refund was received in such State in each year following December 23, 1985, been produced from July 1, 1984, to June 30, 1985, and been subject to the rates of assessments then in effect and the rate of return then in effect from each State to the Council described in paragraph (2)(A), and other national entities involved in pork promotion, research and consumer information.

(C)

A State association shall use such funds and any proceeds from the investment of such funds for financing—

(i)

promotion, research, and consumer information plans and projects, and

(ii)

administrative expenses incurred in connection with such plans and projects.

(2)

(A)

The National Pork Producers Council, a nonprofit corporation of the type described in section 501(c)(3) of title 26 and incorporated in the State of Iowa, shall receive an amount of funds equal to—

(i)

37½ percent of the aggregate amount of assessments collected under this section throughout the United States from the date assessment commences pursuant to subsection (a)(1) until the first day of the month following the month in which the Board is appointed pursuant to section 4808 of this title.²

(ii)

35 percent thereafter until the referendum is conducted pursuant to section 4811 of this title,

(iii)

25 percent until twelve months after the referendum is conducted, and

(iv)

no funds thereafter except in so far as it obtains such funds from the Board pursuant to sections³ 4808 or 4809 of this title, each of which amounts determined under (i), (ii), and (iii) shall be less the Council’s share of refunds determined pursuant to paragraph (4).

(B)

The Council shall use such funds and proceeds from the investment of such funds for financing—

(i)

promotion, research, and consumer information plans and projects, and

(ii)

administrative expenses of the Council.

(3)

(A)

The Board shall receive the amount of funds that remain after the distribution required under paragraphs (1) and (2).

(B)

The Board shall use such funds and any proceeds from the investment of such funds pursuant to subsection (g) for—

(i)

financing promotion, research, and consumer information plans and projects in accordance with this chapter;⁴

(ii)

such expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary;

(iii)

accumulation of a reasonable reserve to permit an effective promotion, research, and consumer information program to continue in years when the amount of assessments may be reduced; and

(iv)

administrative costs incurred by the Secretary to carry out this chapter,⁴ including any expenses incurred for the conduct of a referendum under this chapter.⁴

(4)

(A)

Each State’s share of refunds shall be determined by multiplying the aggregate amount of refunds received by producers in such State by the percentage applicable to such State pursuant to paragraph (1)(A)(ii).

(B)

The National Pork Producers Council’s share of refunds shall be determined by multiplying its applicable percent of the aggregate amount of assessments by the product of—

(i)

subtracting from the aggregate amount of refunds received by all producers the aggregate amount of State share or refunds in every State determined pursuant to subparagraph (A), and

(ii)

adding to that sum the aggregate amount of refunds received by importers.

(d)

Prohibited promotions— No promotion funded with assessments collected under this chapter may make—

(1)

a false or misleading claim on behalf of pork or a pork product; or

(2)

a false or misleading statement with respect to an attribute or use of a competing product.

(e)

Influencing legislation prohibited— No funds collected through assessments authorized 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 reports from time to time, as may be required by the Secretary for appropriate accounting of the receipt and disbursement of funds entrusted to the Board or a State association, as the case may be; and

(2)

cause a complete audit report to be submitted to the Secretary at the end of each fiscal 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 disbursement 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 principal and interest by the United States.

Footnotes

1 So in original. Probably should be “section”.
2 So in original. The period probably should be a comma.
3 So in original. Probably should be “section”.
4 See References in Text note below.

Notes, amendments, and revision history

(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.

7 U.S.C. §§ 4806–4809

§4806. National Pork Producers Delegate Body

Footnotes

Statutory Notes and Related Subsidiaries

Effective Date

§4807. Selection of Delegate Body

Footnotes

Statutory Notes and Related Subsidiaries

Effective Date

§4808. National Pork Board

Footnotes

Statutory Notes and Related Subsidiaries

Effective Date

§4809. Assessments

Footnotes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Cite this provision

Incoming references