Beef Promotion and Research Act of 1985
Pub. L. 99-198, title XVI, subtitle A, Sec. 1601, Dec. 23, 1985, 99 Stat. 1597 (Title 7, Sec. 2901 et seq.) TITLE 7--AGRICULTURE CHAPTER 62BEEF RESEARCH AND INFORMATION
Sec. 2901. Congressional findings and declaration of policy
(a) Congress finds that--
(1) beef and beef products are basic foods that are
a valuable part of human diet;
(2) the production of beef and beef products plays
a significant role in the Nation's economy, beef
and beef products are produced by thousands of beef
producers and processed by numerous processing
entities, and beef and beef products are consumed
by millions of people throughout the United States
and foreign countries;
(3) beef and beef products should be readily available
and marketed efficiently to ensure that the people
of the United States receive adequate nourishment;
(4) the maintenance and expansion of existing markets
for beef and beef products are vital to the welfare
of beef producers and those concerned with marketing,
using, and producing beef products, as well as to the
general economy of the Nation;
(5) there exist established State and national
organizations conducting beef promotion, research,
and consumer education programs that are invaluable to
the efforts of promoting the consumption of beef and
beef products; and
(6) beef and beef products move in interstate and foreign
commerce, and beef and beef products that do not move
in such channels of commerce directly burden or affect
interstate commerce of beef and beef products.
(b) It, therefore, is declared to be the policy of Congress
that it is in the public interest to authorize the
establishment, through the exercise of the powers
provided herein, of an orderly procedure for financing
(through assessments on all cattle sold in the United
States and on cattle, beef, and beef products imported
into the United States) and carrying out a coordinated
program of promotion and research designed to strengthen
the beef industry's position in the marketplace and to
maintain and expand domestic and foreign markets and
uses for beef and beef products. Nothing in this
chapter shall be construed to limit the right of
individual producers to raise cattle.
(Pub. L. 94-294, Sec. 2, May 28, 1976, 90 Stat. 529;
Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 23, 1985,
99 Stat. 1597.)
Amendments
1985--Pub. L. 99-198 amended section generally.
Effective Date of 1985 Amendment
Section 1601(c) of Pub. L. 99-198 provided that:``The
amendments made by this section [amending this section and
sections 2902 to 2911 of this title, omitting sections 2912 to
2918 of this title and provisions set out as a note under this
section, and enacting provisions set out as a note under this
section] shall take effect on January 1, 1986.''
Effective Date
Section 21 of Pub. L. 94-294 provided that: ``This Act
[enacting this chapter and provisions set out as notes under
this section] shall take effect upon enactment
[May 28, 1976]''.
Short Title of 1985 Amendment
Section 1601(a) of Pub. L. 99-198 provided that: ``This
section [amending this section and sections 2902 to 2911 of
this title, omitting sections 2912 to 2918 of this title and
provisions set out as a note under this section, and enacting
provisions set out as a note under this section] may be cited
as the `Beef Promotion and Research Act of 1985'.''
Short Title
Section 1 of Pub. L. 94-294 provided: ``That this Act
[enacting this chapter and provisions set out as notes under
this section] shall be known as the `Beef Research and
Information Act'.''
Separability Section 19 of Pub. L. 94-294, which provided that if any provision of this Act [enacting this chapter and provisions set out as notes under this section] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby, was omitted in the general revision of sections 2 through 20 of Pub. L. 94-294 by Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 28, 1985, 99 Stat. 1597.
Sec. 2902. Definitions
For purposes of this chapter--
(1) the term ``beef'' means flesh of cattle;
(2) the term ``beef products'' means edible products
produced in whole or in part from beef, exclusive of
milk and products made therefrom;
(3) the term ``Board'' means the Cattlemen's Beef
Promotion and Research Board established under section
2904(1) of this title;
(4) the term ``cattle'' means live domesticated bovine
animals regardless of age;
(5) the term ``Committee'' means the Beef Promotion
Operating Committee established under section 2904(5)
of this title;
(6) the term ``consumer information'' means nutritional
data and other information that will assist consumers
and other persons in making evaluations and decisions
regarding the purchasing, preparing, and use of beef
and beef products;
(7) the term ``Department'' means the Department of
Agriculture.
(8) the term ``importer'' means any person who imports
cattle, beef, or beef products from outside the United
States;
(9) the term ``industry information'' means information
and programs that will lead to the development of new
markets, marketing strategies, increased efficiency,and
activities to enhance the image of the cattle industry;
(10) The term ``order'' means a beef promotion and
research order issued under section 2903 of this title.
(11) the term ``person'' means any individual, group of
individuals, partnership, corporation, association,
cooperative, or any other entity;
(12) the term ``producer'' means any person who owns or
acquires ownership of cattle, except that a person
shall not be considered to be a producer if the
person's only share in the proceeds of a sale of cattle
or beef is a sales commission, handling fee, or other
service fee;
(13) the term ``promotion'' means any action, including
paid advertising, to advance the image and desirability
of beef and beef products with the express intent of
improving the competitive position and stimulating
sales of beef and beef products in the marketplace;
(14) the term ``qualified State beef council'' means a
beef promotion entity that is authorized by State
statute or is organized and operating within a State,
that receives voluntary contributions and conducts beef
promotion,research, and consumer information programs,
and that is recognized by the Board as the beef
promotion entity within such State;
(15) the term ``research'' means studies testing the
effectiveness of market development and promotion
efforts,studies relating to the nutritional value of
beef and beef products, other related food science
research, and new product development;
(16) the term ``Secretary'' means the Secretary of
Agriculture;
(17) The \2\ term ``State'' means each of the 50 States;
and
(18) the term ``United States'' means the several States
and the District of Columbia.
(Pub. L. 94-294, Sec. 3, May 28, 1976, 90 Stat. 530;
Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 23, 1985,
99 Stat. 1598.)
Amendments
1985--Pub. L. 99-198 amended section generally.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see
section 1601(c) of Pub. L. 99-198, set out as a note under
section 2901 of this title.
Sec. 2903. Issuance of orders
(a) During the period beginning on January 1, 1986, and
ending thirty days after receipt of a proposal for a beef
promotion and research order, the Secretary shall publish
such proposed order and give due notice and opportunity for
public comment on such proposed order. Such proposal may be
submitted by any organization meeting the requirements for
certification under section 2905 of this title or any
interested person, including the Secretary.
(b) After notice and opportunity for public comment are
given, as provided for in subsection (a) of this section, the
Secretary shall issue a beef promotion and research order.
The order shall become effective not later than one hundred
and twenty days following publication of the proposed order.
(Pub. L. 94-294, Sec. 4, May 28, 1976, 90 Stat. 530; Pub. L.
99-198,title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat.1599.)
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting provisions relating to issuance of orders
for provisions relating to orders of Secretary to producers
and slaughterers.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see
section 1601(c) of Pub. L. 99-198, set out as a note under
section 2901 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2902, 2904, 2911 of
this title.
Sec. 2904. Required terms in orders
An order issued under section 2903(b) of this title shall
contain the following terms and conditions:
(1) The order shall provide for the establishment and
selection of a Cattlemen's Beef Promotion and Research
Board. Members of the Board shall be cattle producers
and importers appointed by the Secretary from (A)
nominations submitted by eligible State organizations
certified under section 2905 of this title (or, if the
Secretary determines that there is no eligible State
organization in a State, the Secretary may provide for
nominations from such State to be made in a different
manner), and (B) nominations submitted by importers
under such procedures as the Secretary determines
appropriate. In determining geographic representation
for cattle producers on the Board, whole States shall
be considered as a unit. Each State that has a total
cattle inventory greater than five hundred thousand
head shall be entitled to at least one representative
on the Board. A State that has a total inventory of
fewer than 500,000 cattle shall be grouped, as far as
practicable, with other States each of which has a
combined total inventory of not less than 500,000
cattle,into geographically contiguous units in a manner
prescribed in the order. A unit may be represented on
the Board by more than one member. For each additional
million head of cattle within a unit, such unit shall
be entitled to an additional member on the Board. The
Board may recommend a change in the level of inventory
per unit necessary for representation on the Board and,
on such recommendation, the Secretary may change the
level necessary for representation on the Board. The
number of members on the Board that represent importers
shall be determined by the Secretary on a proportional
basis, by converting the volume of imported beef and
beef products into live animal equivalencies.
(2) The order shall define the powers and duties of the
Board, which shall be exercised at an annual meeting,
and shall include only the following powers:
(A) To administer the order in accordance with its
terms and provisions.
(B) To make rules and regulations to effectuate the
terms and provisions of the order.
(C) To elect members of the Board to serve on the
Committee.
(D) To approve or disapprove budgets submitted by
the Committee.
(E) To receive, investigate, and report to the
Secretary complaints of violations of the order.
(F) To recommend to the Secretary amendments to the
order. In addition, the order shall determine the
circumstances under which special meetings of the
Board may be held.
(3) The order shall provide that the term of appointment
to the Board shall be three years with no member
serving more than two consecutive terms, except that
initial appointments shall be proportionately for
one-year, two-year, and three-year terms; and that
Board members shall serve without compensation, but
shall be reimbursed for their reasonable expenses
incurred in performing
their duties as members of the Board.
(4) (A) The order shall provide that the Board shall elect
from its membership ten members to serve on the
Beef Promotion Operating Committee, which shall be
composed of ten members of the Board and ten
producers elected by a federation that includes as
members the qualified State beef councils. The
producers elected by the federation shall be
certified by the Secretary as producers that are
directors of a qualified State beef council. The
Secretary also shall certify that such directors
are duly elected by the federation as
representatives to the Committee.
(B) The Committee shall develop plans or projects of
promotion and advertising, research, consumer
information, and industry information, which shall
be paid for with assessments collected by the Board.
In developing plans or projects, the Committee
shall--
(i) to the extent practicable, take into account
similarities and differences between certain
beef, beef products, and veal; and
(ii) ensure that segments of the beef industry that
enjoy a unique consumer identity receive
equitable and fair treatment under this chapter
(C) The Committee shall be responsible for developing
and submitting to the Board, for its approval,
budgets on a fiscal year basis of its anticipated
expenses and disbursements,including probable costs
of advertising and promotion, research, consumer
information, and industry information projects. The
Board shall approve or disapprove such budgets and,
if approved, shall submit such budget to the
Secretary for the Secretary's approval.
(D) The total costs of collection of assessments and
administrative staff incurred by the Board during
any fiscal year shall not exceed 5 per centum of
the projected total assessments to be collected by
the Board for such fiscal year. The Board shall
use, to the extent possible, the resources, staffs,
and facilities of existing organizations.
(5) The order shall provide that terms of appointment to
the Committee shall be one year, and that no person may
serve on the Committee for more than six consecutive
terms. Committee members shall serve without
compensation, but shall be reimbursed for their
reasonable expenses incurred in performing their duties
as members of the Committee. The Committee may utilize
the resources, staffs, and facilities of the Board and
industry organizations. An employee of an industry
organization may not receive compensation for work
performed for the Committee, but shall be reimbursed
from assessments collected by the Board for reasonable
expenses incurred in performing such work.
(6) The order shall provide that, to ensure coordination
and efficient use of funds, the Committee shall enter
into contracts or agreements for implementing and
carrying out the activities authorized by this chapter
with established national nonprofit industry-governed
organizations, including the federation referred to in
paragraph (4), to implement programs of promotion,
research, consumer information, and industry
information. Any such contract or agreement shall
provide that--
(A) the person entering the contract or agreement
shall develop and submit to the Committee a plan or
project together with a budget or budgets that
shows estimated costs to be incurred for the plan
or project;
(B) the plan or project shall become effective on the
approval of the Secretary; and
(C) the person entering the contract or agreement
shall keep accurate records of all of its
transactions, account for funds received and
expended, and make periodic reports to the
Committee of activities conducted, and such other
reports as the Secretary, the Board, or the
Committee may require.
(7) The order shall require the Board and the Committee
to--
(A) maintain such books and records, which shall be
available to the Secretary for inspection and
audit, as the Secretary may prescribe;
(B) prepare and submit to the Secretary, from time to
time, such reports as the Secretary may prescribe;
and
(C) account for the receipt and disbursement of all
funds entrusted to them.
(8) (A) The order shall provide that each person making
payment to a producer for cattle purchased from the
producer shall, in the manner prescribed by the
order, collect an assessment and remit the
assessment to the Board. The Board shall use
qualified State beef councils to collect such
assessments.
(B) If an appropriate qualified State beef council does
not exist to collect an assessment in accordance
with paragraph(1), such assessment shall be
collected by the Board.
(C) The order also shall provide that each importer of
cattle, beef, or beef products shall pay an
assessment, in the manner prescribed by the order,
to the Board. The assessments shall be used for
payment of the costs of plans and projects, as
provided for in paragraph (4), and expenses in
administering the order, including more
administrative costs incurred by the Secretary
after the order has been promulgated under this
chapter, and to establish a reasonable reserve.
The rate of assessment prescribed by the order
shall be one dollar per head of cattle, or the
equivalent thereof in of imported beef and beef
products. A producer who can establish that the
producer is participating in a program of an
established qualified State beef council shall
receive credit, in determining the assessment due
from such producer, for contributions to such
program of up to 50 cents per head of cattle or the
equivalent thereof. There shall be only one
qualified State beef council in each State. Any
person marketing from \1\ beef from cattle of the
person's own production shall remit the assessment
to the Board in the manner prescribed by the order.
------------------------------------------------------------
\1\ So in original. The word ``from'' probably should
not appear.
------------------------------------------------------------
(9) The order shall provide that the Board, with the
approval of the Secretary, may invest, pending
disbursement,funds collected through assessments only
in obligations of the United States or any agency
thereof, in general obligations of any State or any
political subdivision thereof, in any interest-bearing
account or certificate of deposit of a bank that is
a member of the Federal Reserve System, or in
obligations fully guaranteed as to principal and
interest by the United States.
(10) The order shall prohibit any funds collected by
the Board under the order from being used in any
manner for the purpose of influencing governmental
action or policy, with the exception of recommending
amendments to the order.
(11) The order shall require that each person making
payment to a producer, any person marketing beef
from cattle of the person's own production directly
to consumers, and any importer of cattle, beef, or
beef products maintain and make available for
nspection such books and records as may be required
by the order and file reports at the time, in the
manner, and having the content prescribed by the
order. Such information shall be made available to
the Secretary as is appropriate to the administration
or enforcement of this chapter, the order, or any
regulation issued under this chapter. In addition,
the Secretary shall authorize the use of information
regarding persons paying producers that is
accumulated under a law or regulation other than
this chapter or regulations under this chapter.
All information so obtained shall be kept
confidential by all officers and employees of the
Department, and only such information so obtained
as the Secretary deems relevant may be disclosed
by them and then only in a suit or administrative
hearing brought at the request of the Secretary,
or to which the Secretary or any officer of the
United States is a party, and involving the order.
Nothing in this paragraph may be deemed to
prohibit--
(A) the issuance of general statements, based
on the reports, of the number of persons subject
to the order or statistical data collected
therefrom, which statements do not identify the
information furnished by any person; or
(B) the publication, by direction of the Secretary,
of the name of any person violating the order,
together with a statement of the particular
provisions of the order violated by the person. No
information obtained under the authority of this
chapter may be made available to any agency or
officer of the United States for any purpose other
than the implementation of this chapter and any
investigatory or enforcement act necessary for the
implementation of this chapter. Any person
violating the provisions of this paragraph shall be
subject to a fine of not more than $1,000, or to
imprisonment for not more than one year, or both,
and if an officer or employee of the Board or
the Department, shall be removed from office.
(12) The order shall contain terms and conditions,
not inconsistent with the provisions of this
chapter, as necessary to effectuate the provisions
of the order.(Pub. L. 94-294, Sec. 5, May 28, 1976,
90 Stat. 530; Pub. L. 99-198, title XVI,0
Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1599.)
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting provisions relating to required terms in
orders for provisions relating to notice and hearing
upon proposed orders.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99-198, set out as a note
under section 2901 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2902, 2905, 2907
of this title.
Sec. 2905. Certification of organizations to nominate
(a) Eligibility of State organization certified by Secretary;
eligibility criteria. The eligibility of any State
organization to represent producers to participate in the
making of nominations under section 2904(1) of this title
shall be certified by the Secretary. The Secretary shall
certify any State organization that the Secretary determines
meets the eligibility criteria established under subsection
b) of this section and such determination as to eligibility
shall be final.
(b) State cattle association or State general farm
organization. A State cattle association or State general
farm organization may be certified as described in
subsection (a) of this section if such association or
organization meets all of the following eligibility
criteria:
(1) The association or organization's total paid
membership is comprised of at least a majority of
cattle producers or the association or
organization's total paid membership represents at
least a majority of the cattle producers in the
State.
(2) The association or organization represents a
substantial number of producers that produce a
substantial number of cattle in the State.
(3) The association or organization has a history
of stability and permanency.
(4) A primary or overriding purpose of the
association or organization is to promote the
economic welfare of cattle producers.
(c) Factual report basis for certification of State cattle
association and State general farm association
Certification of State cattle associations and State
general farm organizations shall be based on a factual
report submitted by the association or organization
involved.
(d) Certification of more than one State organization;
caucus. If more than one State organization is certified
in a State (or in a unit referred to in section 2904(1)
of this title), such organizations may caucus to
determine any of such State's (or such unit's)
nominations under section 2904(1) of this title.
(Pub. L. 94-294, Sec. 6, May 28, 1976, 90 Stat. 531;
Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 23, 1985,
99 Stat. 1603.)
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting provisions relating to certification of
organizations to nominate for provisions relating to
findings and issuance of orders.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99-198, set out as a note
under section 2901of this title.
Section Referred to in Other Sections
This section is referred to in sections 2903, 2904 of
this title.
Sec. 2906. Requirement of referendum
(a) Continuation or termination of order
For the purpose of determining whether the initial
order shall be continued, not later than 22 months after
the issuance of the order (or any earlier date
recommended by the Board), the Secretary shall conduct a
referendum among persons who have been producers or
importers during a representative period, as determined by
the Secretary. The order shall be continued only if the
Secretary determines that it has been approved by not less
than a majority ofthe producers voting in the referendum
who, during a representative period as determined by the
Secretary, have been engaged in the production of cattle.
If continuation of the order is not approved by a majority
of those voting in the referendum, the Secretary shall
terminate collection of assessments under the order within
six months after the Secretary determines that continuation
of the order is not favored by a majority voting in the
referendum and shall terminate the order in an orderly
manner as soon as practicable after such determination.
(b) Additional referendum to determine suspension or
termination of order
After the initial referendum, the Secretary may conduct
a referendum on the request of a representative group
comprising 10 per centum or more of the number of cattle
producers to determine whether cattle producers favor the
termination or suspension of the order. The Secretary
shall suspend or terminate collection of assessments under
the order within six months after the Secretary
determines that suspension or termination of the order
is favored by a majority of the producers voting in the
referendum who, during a representative period as
determined by the Secretary, have been engaged in the
production of cattle and shall terminate or suspend the
order in an orderly manner as soon as practicable after
such determination.
(c) Reimbursement for cost of referendum; time and place
of referendum; certification by producers; absentee mail
ballot.
The Department shall be reimbursed from assessments
collected by the Board for any expenses incurred by the
Department in connection with conducting any referendum
under this section, except for the salaries of Government
employees. Any referendum conducted under this section
shall be conducted on a date established by the Secretary,
whereby producers shall certify that they were engaged in
the production of cattle during the representative period
and, on the same day, shall be provided an opportunity to
vote in the referendum. Each referendum shall be
conducted at county extension offices, and there shall
be provision for an absentee mail ballot on request.
(Pub. L. 94-294, Sec. 7, May 28, 1976, 90 Stat. 531;
Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 23, 1985,
99 Stat. 1604.)
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting provisions relating to requirement of
referendum for provisions relating to permissive terms
and conditions in orders.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99-198, set out as a note
under section 2901 of this title.
Section Referred to in Other Sections
This section is referred to in section 2907 of this
title.
Sec. 2907. Refunds
(a) Establishment of escrow
account
During the period prior to the approval of the
continuation of an order pursuant to the referendum
required under section 2906(a)of this title, subject to
subsection (f) of this section, the Board shall--
(1) establish an escrow account to be used for
assessment refunds;
(2) place funds in such account in accordance
with subsection (b) of this section; and
(3) refund assessments to persons in accordance
with this section.
(b) Funding escrow account
Subject to subsection (f) of this section, the
Board shall place in such account, from assessments
collected under section 2906 of this title during the
period referred to in subsection (a) of this section, an
amount equal to the product obtained by multiplying--
(1) the total amount of assessments collected
under section 2906
of this title during such period; by
(2) the greater of--
(A) the average rate of assessment refunds
provided to producers under State beef promotion,
research, and consumer information programs financed
through producer assessments, as determined by the Board;
or
(B) 15 percent.
(c) Demand and receipt of one-time refund
Subject to subsections (d), (e), and (f) of this
section and notwithstanding any other provision of this
chapter,\1\ any person shall have the right to demand
and receive from the Boarda one-time refund of all
assessments collected under section 2906 of this title
from such person during the period referred to in
subsection (a) of this section if such person--
-----------------------------------------------------
\1\ See References in Text note below.
-----------------------------------------------------
(1) is responsible for paying such assessment;
and
(2) does not support the program established
under this chapter.
(d) Form and time period for demand for one-time refund
Such demand shall be made in accordance with
regulations, on a form, and within a time
period prescribed by the Board.
(e) Submission of proof for one-time refund
Such refund shall be made on submission of proof
satisfactory to the Board that the producer,
person, or importer--
(1) paid the assessment for which refund is
sought; and
(2) did not collect such assessment from another
producer, person, or importer.
(f) Insufficiency of funds in escrow account; proration
of funds among eligible persons
(1) If the amount in the escrow account required
to be established by subsection (a) of this section is
not sufficient to refund the total amount of assessments
demanded by all eligible persons under this section and
the continuation of an order is approved pursuant to
the referendum required under section 2906(a) \1\ of
this title, the Board shall--
(A) continue to place in such account, from
assessments collected under section 2904 of this title,
the amount required under subsection (b) of this section,
until such time as the Board is able to comply with
subparagraph (B); and
(B) provide to all eligible persons the total
amount of assessments demanded by all eligible producers.
(2) If the amount in the escrow account required to
be established by subsection (a) of this section is not
sufficient to refund the total amount of assessments
demanded by all eligible persons under this section and
the continuation of an order is not approved pursuant
to the referendum required under section 2906(a) of
this title, the Board shall prorate the amount of such
refunds among all eligible persons who demand such refund.
(Pub. L. 94-294, Sec. 8, May 28, 1976, 90 Stat. 532;
Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 23, 1985,
99 Stat. 1604.)
References in Text
This chapter, referred to in provisions preceding
par. 1 of subsec. (c), was in the original ``this subtitle'',
and was translated as reading ``this Act'' to reflect the
probable intent of Congress.
Section 2906(a) of this title, referred to in subsec.
(f)(1), was in the original a reference to section 10(a)
of Pub. L. 94-294, section 2909(a) of this title, and
was translated as section 2906(a) of this title as the
probable intent of Congress, in view of section 2909
of this title not containing a subsec. (a) and the subject
matter of section 2906(a) which relates to a referendum.
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting provisions relating to refunds for provisions
relating to required terms and conditions in orders.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99-198, set out as a note
under section 2901 of this title.
Sec. 2908. Enforcement
(a) Restraining order; civil penalty
If the Secretary believes that the administration and
enforcement of this chapter or an order would be
adequately served by such procedure, following an
opportunity for an administrative hearingon the record,
the Secretary may--
(1) issue an order to restrain or prevent a
person from violating an order; and
(2) assess a civil penalty of not more than
$5,000 for violation of such order.
(b) Jurisdiction of district court
The district courts of the United States are
vested with jurisdiction specifically to enforce,
and to prevent and restrain a person from violating,
an order or regulation made or issued under this
chapter.
(c) Civil action to be referred to Attorney General
A civil action authorized to be brought under this
section shall be referred to the Attorney General for
appropriate action.
(Pub. L. 94-294, Sec. 9, May 28, 1976, 90 Stat. 534;
Pub. L. 95-334, title III, Sec. 302, Aug. 4, 1978,
92 Stat. 433; Pub. L. 99-198, title XVI, Sec. 1601(b),
Dec. 23, 1985, 99 Stat. 1605.)
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting provisions relating to enforcement for
provisions relating to referendum and cattle producer
approval of orders, reimbursement of expenses by
Secretary, procedural requirements, and bonding
requirements.
1978--Pub. L. 95-334 substituted ``a majority''
for ``not less than two-thirds''.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99-198, set out as a
note under section 2901 of this title.
Sec. 2909. Investigations by Secretary; oaths and affirmations; subpenas; judicial enforcement; contempt proceedings; service of process
The Secretary may make such investigations as the
Secretary deems necessary for the effective administration
of this chapter orto determine whether any person subject
to this chapter has engaged or is about to engage in any
act that constitutes or will constitute a violation of
this chapter, the order, or any rule or regulation
issued under this chapter. For the purpose of such
investigation, the Secretary may administer oaths and
affirmations, subpoena witnesses, compel their
attendance, take evidence, and require the production
of any records that are relevant to the inquiry. The
attendance of witnesses and the production of records
may be required from any place in the United States.
In case of contumacy by, or refusal to obey a subpoena to,
any person, the Secretary 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 business,
in requiring the attendance and testimony of the person
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 regarding the
matter 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. 94-294, Sec. 10, May 28, 1976, 90 Stat. 535;
Pub. L. 99-198, title XVI, Sec. 1601(b),
Dec. 23, 1985, 99 Stat. 1606.)
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting provisions relating to investigations, power
to subpoena and take oaths and affirmations, and aid of
courts, for provisions relating to termination or
suspension of orders.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99-198, set out as a
note under section 2901 of this title.
Sec. 2910. Preemption of other Federal and State
programs; applicability of provisions to amendments to
orders
(a) Nothing in this chapter may be construed to
preempt or supersede any other program relating to beef
promotion organized and operated under the laws of the
United States or any State.
(b) The provisions of this chapter applicable to the
order shall be applicable to amendments to the order.
(Pub. L. 94-294, Sec. 11, May 28, 1976, 90 Stat. 535;
Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 23, 1985,
99 Stat. 1606.)
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting administrative provisions for provisions
relating to applicability of provisions to amendments
to orders.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99-198, set out as a note
under section 2901 of this title.
Sec. 2911. Authorization of appropriations
There are authorized to be appropriated such sums
as may be necessary to carry out this chapter. Sums
appropriated to carry out this chapter shall not be
available for payment of the expenses or expenditures
of the Board or the Committee in administering any
provisions of the order issued under section 2903(b)
of this title.
(Pub. L. 94-294, Sec. 12, May 28, 1976, 90 Stat. 535;
Pub. L. 99-198, title XVI, Sec. 1601(b), Dec. 23, 1985,
99 Stat. 1606.)
Amendments
1985--Pub. L. 99-198 amended section generally,
substituting provisions relating to authorization of
appropriations for provisions relating to refund of
assessment from Beef Board.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99-198, set out as a note
under section 2901 of this title.
Funded by the Beef Checkoff.